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GSC

Identification

The content of this site is provided by: OURSE BLANCHE. SIREN number: 888 845 393. Intra-community VAT number: FR80888845393. Head office at 18, rue Ambroise Croizat 49800 TRELAZE. Editorial manager: Ingrid MAINCENT. Contact email: bonjour@ourseblanche.com.

Définitions

Client“: any person, natural or legal, under private or public law, registered on the Site.

« Seller» : OURSE BLANCHE

Site content”: elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.

The Publisher“: OURSE BLANCHE in its capacity as publisher of the Site.

Internet user“: any person, natural or legal, under private or public law, connecting to the Site.

Product“: goods of any kind sold on the Site by the Publisher to Customers.

Site“: website accessible at the urseblanche.com URL, as well as the related sub-sites, mirror sites, portals and URL variations. The purpose of the Site is to sell Products to Customers.

Champ d’application

These general conditions of sale (GTC) apply to all sales of Products concluded between the Seller and the Customer. They are permanently accessible on this site.

The Seller reserves the right to modify these at any time by posting a new version on its Site. The GTC then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) of the order.

The main characteristics of the Products are presented on the site. The Customer is required to read them before placing an order. The choice and purchase of a product is the sole responsibility of the Customer.

The validation of the order by the Customer implies acceptance without restriction or reservation of these general conditions of sale. The Customer declares to be able to contract legally under French law or validly represent the natural or legal person for whom he is committed.

Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.

Order

Les commandes s’effectuent exclusivement sur le Site. La prise de commande sur le Site est soumise au respect de la procédure mise en place par le Vendeur concrétisée par une succession de différentes étapes que le Client doit suivre pour valider sa commande. 

Conformément aux dispositions de l’article 1369-5 du Code civil relatif à la conclusion d’un contrat sous forme électronique, le Client pourra visualiser le détail de sa commande et son prix total, corriger d’éventuelles erreurs avant de confirmer celle-ci pour exprimer son acceptation.

Toute commande validée par le Client vaut contrat de vente et acceptation sans réserve de l’ensemble des CGV. Sauf preuve contraire, les données enregistrées par le Vendeur constituent la preuve de l’ensemble des transactions passées entre le Vendeur et ses Clients.

Toute modification de commande par le Client après confirmation de la commande est soumise à l’acceptation du Vendeur.

Une fois le paiement effectivement reçu par le Vendeur, ce dernier s’engage à adresser au Client un courrier électronique récapitulatif de la commande et lui en confirmant le traitement, reprenant toutes les informations y afférant, dans un délai maximal de 24 heures. 

Le Vendeur ne supportera les risques pesant sur les produits que jusqu’à la livraison de ceux-ci à l’adresse indiquée par le Client lors de sa commande.

Les offres de Produits sont valables tant qu’elles sont visibles sur le site, dans la limite des stocks disponibles.

Le Vendeur se réserve le droit d’annuler ou de refuser toute commande d’un Client avec lequel il existerait un litige relatif au paiement d’une commande antérieure.

Availability

The availability of the Products is indicated on the Site, in the description of each Product. Product offers are valid as long as they are visible on the site, while stocks last.

In the event that an ordered Product turns out to be unavailable, for reasons independent of the Seller, the Customer will be informed by email. The order will be automatically canceled and refunded.

The Seller takes the greatest care in the presentation and description of its products to best satisfy the Customer’s information. However, it is possible that errors may appear on the Site, which the Customer recognizes and accepts.

Price

The applicable prices are those displayed on the Site on the day of the order. These prices can be modified at any time by the Seller. The prices displayed are only valid on the day of the order and have no effect for the future.

Product prices are firm and cannot be revised during their period of validity, as indicated on the Site. They do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, which are the subject of a separate section at the time of the order, depending on the characteristics of the order and the country of destination. These costs are brought to the attention of the Customer before the order validation step. These costs are understood in euros, all taxes included.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

Payment Terms

The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment, according to the following terms: – by credit card – with a Paypal account

  • par carte bancaire
  • par compte Paypal

In the context of payments by bank card, the Publisher has no access to any data relating to the Customer’s means of payment. Payment is made directly to the banking establishment.

The products remain the property of the Company until full payment of the price. The card is debited at the time of validation of the order.

The Customer expressly acknowledges that the communication of his bank card number to the Seller constitutes authorization to debit his account up to the amount of the products ordered.

The data recorded and kept by the Seller constitutes proof of the order and of all past transactions. The data recorded by eh Seller’s bank constitutes proof of financial transactions.

The Seller will send or make available to the Customer an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.

Delivery

Delivery consists of the transfer to the Customer of physical possession of the Product.

Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.

The products ordered by the Customer will be delivered in France and internationally.

The delivery times indicated are in working days from the shipping day. Deliveries are made by the delivery provider, from Monday to Saturday.

Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the Customer’s home address. No deliveries will be made to hotels or PO boxes. Orders are shipped no later than 72 working hours after ordering. In order for these deadlines to be respected, the Customer must ensure that they have communicated exact and complete information concerning the delivery address (such as, in particular: street, building, staircase number, access codes names and / or intercom numbers, etc.). In the event of inaccurate or incomplete information, the second shipment is the responsibility of the Customer.

The times indicated are indicative times, corresponding to the average processing and delivery times. The Seller cannot be held responsible for the consequences due to a delay in delivery that is not his fault.

Any reservation on the condition of the products (eg open or damaged package) must be notified by the Customer immediately to the Seller upon receipt of the order.

In the event of an unusually long delivery time or non-receipt of ordered products, the Customer can contact customer service by e-mail at bonjour@ourseblanche.com. An investigation will then be opened with the delivery providers in order to locate your package. The duration of this survey can vary from 3 weeks to 1 month, depending on the period.

The survey can lead to four results: 1. If the package is found, it will be immediately returned to the Customer at the address indicated when ordering at the Seller’s expense. 2. If the package is returned to the Seller due to a breach by the Customer (incomplete address or package not collected at a postal point), it may be reshipped at the Customer’s request and at his expense. The Customer will not be able to request a refund if he is responsible for the failure of the delivery. 3. If the package is declared lost by the delivery provider, the products will be reshipped (within the limits of available stocks) or reimbursed within a maximum period of 14 days. 4. If the package is declared delivered by the delivery provider, no appeal from the Customer will be accepted.

No refund or return of products can be made before the investigation is closed.

Transfer of ownership – transfer of risk

Le transfert de propriété des Produits du Vendeur, au profit du Client, ne sera réalisé qu’après complet paiement du prix par ce dernier, et ce quelle que soit la date de livraison desdits Produits. 

Quelle que soit la date du transfert de propriété des Produits, le transfert des risques de perte et de détérioration s’y rapportant, ne sera réalisé qu’au moment où le Client prendra physiquement possession des Produits lors de la livraison Le Vendeur supporte donc les risques relatifs aux Produits lors de leur voyage.

Exchanges, refunds and returns

In application of article L.121-20 and following of the Consumer Code, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons. nor to pay a penalty, at the end of an exchange or refund. If the fourteen (14) day period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day.

The refund or exchange of the product will be accepted on condition that the product (s) is (are) returned in its (their) original packaging, in its (their) original state, new, unworn, unwashed and complete (packaging, accessories, instructions, etc.) allowing them to be returned to the market in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products are not taken back.

If the right of withdrawal is exercised within the aforementioned period, the price of the Product (s) purchased is refunded and the return costs are the responsibility of the Seller, only for the first exchange.

The exchange (subject to availability) or reimbursement will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.

The right of withdrawal can be exercised online by the Customer by sending an email to bonjour@ourseblanche.com, a request, unambiguous, expressing the desire to withdraw, and mentioning the references of the initial order. and the product (s) concerned. Upon receipt of this request, an acknowledgment of receipt and the procedure to be followed on a durable medium will be communicated to the Customer by the Seller.

Conformity

The photos on the Site are provided for illustrative purposes and are not contractual. The Customer is invited to refer to the description of each product to know the precise characteristics, and, in case of doubt, or to obtain additional information, it is possible to contact customer service by e-mail at bonjour@ourseblanche.com.

The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with legal provisions, from the legal guarantee of conformity, for Products apparently defective, damaged or damaged or not corresponding to the order, the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use, under the conditions and according to the methods defined below by the Seller and defined in appendix at the bottom of pages “Provisions relating to legal guarantees”.

In the event of non-compliance of the delivered product with its description on the Site, in order to assert its rights, the Customer may implement the Seller’s guarantee of compliance. In this case, he must report the situation in writing in detail by email to bonjour@ourseblanche.com, and return the defective product (s) in the condition in which they were received with the assembly. elements (accessories, packaging, instructions, etc.). The Seller will send the Customer a return slip to be attached to the package and a prepaid return label to be affixed to the package. Subject to validation of a non-compliance on the part of the Seller, the latter will either exchange or reimburse the invoice price, including the delivery costs of the product.

Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days of the Seller’s finding of the lack of conformity or the hidden defect.

The refund will be made by credit to the Customer’s bank account.

The Seller cannot be held liable in the following cases: non-compliance with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to check, in the event of misuse, negligence or lack of maintenance of from the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.

The Seller’s guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.

Guarantee and liability of the Seller

The Seller undertakes to use all the means at his disposal to ensure the proper performance of the services framed by these general conditions of sale. However, the Seller has only an obligation of means concerning access to the Site and all stages of the ordering and sales process.

The use of the Site implies knowledge and acceptance of the characteristics and limits of the internet, in particular with regard to technical performance, the risks inherent in connection to the network and in the transmission of information and data, including the lack of protection of certain data against possible misappropriation or the risk of contamination by viruses. The Seller declines all responsibility for direct and indirect damage, whether foreseeable or not, caused during the use of the Site. Connection to the Site is made under the full responsibility of the user to whom it is the responsibility of taking all appropriate measures to protect their own data against any attack.

The Seller cannot be held liable if he was prevented from complying with any of his obligations due to the Customer, a fortuitous event or a case of force majeure within the meaning of the case law rendered by the French courts, within the meaning of article 1218 of the Civil Code.

Intellectual property

The Seller is the owner of all intellectual property rights in the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Customer’s request) for the provision of the Services to the Customer. The Customer or the Internet user therefore refrains from any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller who may condition it on a financial consideration.

Applicable law – disputes

The contract formed by the acceptance of these GTC is subject to French law. The language of this contract is French. In the event of a dispute, the French courts will have sole jurisdiction.

Information pré-contractuelle – Acceptation du Client

The fact for the Customer of ordering on the Site implies full and complete acceptance and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, to take advantage of any contradictory document, which would be unenforceable against the Seller.

ANNEXE  – DISPOSITIONS RELATIVES AUX GARANTIES LÉGALES

Article L217-4 du Code de la consommation

The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.

Article L217-5 du Code de la consommation

Be suitable for the use usually expected of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model to present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling

Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L217-12 du Code de la consommation

Action resulting from lack of conformity lapses two years after delivery of the goods.

Article L217-16 du Code de la consommation

When the Buyer asks the Seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of ‘at least seven days is added to the duration of the guarantee which remained to run. This period runs from the Buyer’s request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

Article 1641 du Code civil

The Seller is bound by the guarantee due to hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that

the buyer would not have bought it, or would have given it a lower price, if he had known them. Article 1648 paragraph 1 of the Civil Code

The action resulting from crippling defects must be brought by the Purchaser within two years of discovery of the defect.