CONDITIONS OF SALE
Website : www.sucredorge.com
Last update : December 1st , 2015
The present conditions apply to sales made by GROUPE SALMON ARC EN CIEL, a simplified shares company with capital of 4,800,048 Euros, the Head Office of which is located at 49 rue de Vendée, 49450 VILLEDIEU-LA-BLOUERE (France), registered with the Companies Registration Office in ANGERS (49) under the number 349 773 697/89B132, hereafter known as GSA, to any consumer client, hereafter known as the Purchaser, who makes a purchase via the e-commerce site accessible by Internet www.sucredorge.com and www.sucredorge.fr.
The present general conditions of sale define the contractual relationship between GSA and the Purchaser in the sense of the French Consumer Code as well as the conditions applicable to any purchase made via the GSA commercial site. It is specified that Products are reserved for private individuals and destined for the personal use of the Purchaser without any connection to professional use of the said products. GSA informs the Purchaser that the sum of his/her order may not exceed 1000 Euros, all tax and carriage charges included. The acquisition of a Product by the Purchaser via the present website involves unconditional acceptance by the Purchaser of the present general conditions of sale, which prevail over any other condition. GSA reserves the right to change the present conditions of sale at any time. Consequently, it is the responsibility of the Purchaser to make him/herself aware of the general conditions of sale at each purchase, the conditions applicable being those in force on the date the Purchaser places the order.
2. Products and characteristics of products and services offered
As the business of GSA is based on gifts for the birth of a baby (day and night clothes for babies and small children, childcare articles, toys and packaging), its commercial site enables it to offer online sale of products within the context of its business. The prices of products offered for sale are those that appear at the time the order is confirmed on the www.sucredorge.com website by the internet surfer. Product offers are valid as long as stocks are available. A description of each product available online enables the Purchaser to discover its features. The photographs are as accurate as possible but cannot ensure complete similarity with the product offered.
The order cannot be registered on the GSA website unless the Purchaser is clearly identified.
To do this, it is compulsory for the Purchaser who wishes to buy a Product online to:
• If he/she is a new client, carefully fill in the identification page on which he/she will give all the information requested, including a valid e-mail address and a password of his/her choice which is strictly personal and confidential and will in future be used to identify him/her on the website.
• If he/she already has a client account, identify him/herself by entering his/her e-mail address and password. Entering these two identifiers is proof of the identity of the Purchaser, which he/she accepts.
• Complete the order form online giving all the references of the products chosen.
• Confirm his/her order after checking it.
• Make the payment under the conditions stipulated on the website.
• Confirm his/her order and payment.
By confirming the order, the Purchaser acknowledges having read the present general conditions of sale and having accepted them. All the data supplied and the confirmation recorded will serve as proof of the transaction. Confirmation and online transmission of his/her bank card number by the Purchaser will serve as proof of signature and acceptance of the operations performed. The Purchaser will receive an acknowledgement of his/her order by e-mail to the e-mail address he/she has given.
However, GSA reserves the right not to confirm the order if:
• The order ceiling mentioned in Article 1 is exceeded.
• There has been abnormal or improper return of Products from a previous order by the Purchaser.
• There has been total or partial non-payment for a previous order.
• There is litigation with the Purchaser in progress.
• Payment by bank card is not authorised by the banking organisations.
The prices of Products appearing on the website are prices in Euros, all taxes included taking into account the Value Added Tax (VAT) applicable (on French territory) at the time the order is confirmed. The prices do not include delivery and order processing charges, which are brought to the attention of the Purchaser when his/her order is placed. Delivery and order processing charges are calculated depending upon the weight and destination of the Products and are payable by the Purchaser. GSA reserves the potential to change its prices at any time; it however being understood that the price shown on the website when the order is confirmed will be the only price applicable to the Purchaser. Consequently it is the responsibility of the Purchaser to check the price when each order is confirmed. For orders delivered outside France, possible taxes and customs duties payable are the responsibility of the Purchaser.
5. Delivery and reception of the order
GSA shall use reasonable endeavours to process and despatch orders on average 1 to 5 working days from receipt of order. GSA undertakes to deliver its Products within a maximum of 21 days from date of order. Apart from special cases (e.g. embroidered articles) the order is either processed the same day, or the day after it is received. The products ordered are delivered to the delivery address given by the Purchaser together with a delivery note. The recipient must check the condition of the merchandise on reception. Any anomaly noted [damaged parcel(s), missing product(s) in comparison with the delivery note or damaged product(s)] must be notified as defined in Article 9 below. Any complaint made later than 14 days after reception of the products will be considered inadmissible and GSA cannot be held liable. All Products delivered in France will be despatched using the Poste service. For foreign countries, GSA ships the orders using a carrier selected by GSA depending on the designation country. GSA cannot be held responsible for longer delivery times caused by the transporter or for non-delivery in circumstances beyond its control as defined in Article 10 below. An e-mail will be sent to the Purchaser to inform him/her that his/her order has been despatched. In accordance with Articles L121-20-3 and L114-1 of the French Consumer Code, if the Purchaser has not received the Product at the end of the seven (7) days following the maximum delivery date given by GSA, the Purchaser must advise GSA immediately by e-mail and by registered letter with acknowledgement of receipt. If GSA cannot establish that the Product has been delivered to the Purchaser and non-delivery cannot be attributed to the Purchaser (e.g. incorrect address details supplied), the Purchaser may request cancellation of the sales contract in the registered letter and, on receipt of this request, GSA shall reimburse the Purchaser the price paid.
6. Methods of payment
The price due by the Purchaser is that shown on the order summary that he/she confirmed. Payments will be made by bank card. GSA accepts French (with the CB logo) and international (with the VISA or MASTERCARD sign) bank cards. Cards issued by banks not domiciled in France must be international bank cards. Payments will be made using a secure system which uses the SSL (Secure Socket Layer) protocol in such a way that the information transmitted will be encrypted and no third-party will be able to intercept this during transmission through the network. The Purchaser must give the number of his/her bank card, expiry date, the name of the cardholder shown on the card and the three last figures of the number on the back of the card close to the signature (the security number). The Purchaser’s account will be debited for the sum of the Products ordered, once his/her order has been validated. The Purchaser will be informed of products which are unavailable by email. In this case, the Purchaser will be refunded by having his or her account re-credited.. If the banking organisations do not authorise payment, the order will not be considered and Products will not be delivered.
In addition, for orders exceeding 250 euros and in order to limit fraud, GSA reserves the right to require the Purchaser to provide proof of his identity and prepay his order beforehand via bank transfer before accepting it. If the Purchaser accepts these two conditions, GSA will communicate the information necessary for him to proceed with paying for the order via bank transfer. The costs shall be borne by the Purchaser. The order shall only be shipped upon receipt of proof of identity and bank transfer payment within 8 days of the initial request made by GSA to the Purchaser. If the Purchaser has not responded within the aforementioned 8 day period, GSA shall cancel the order.
7. Withdrawal Period
In accordance with article L121-21 of the French Consumer Code, the Purchaser has a withdrawal period of 14 working days from the receipt of the product to exercise his or her right to cancel the order. GSA provides a cancellation form so the Purchaser can cancel. GSA will acknowledge receipt of the Purchaser’s cancellation request and inform the Purchaser that he/she has a maximum statutory period of 14 days from the cancellation date to return the Product(s) ordered to GSA at his/her own expense, except for personalised products for which the cancellation right does not apply. When the Purchaser exercises the right of cancellation, the product must be returned complete, in perfect condition, unused, unwashed, in its original packaging and accompanied by the proof of the date of receipt of the product, with the delivery slip enclosed. The Products(s) must be returned by post to the following address: SALMON ARC EN CIEL, Service retours web, 49 rue de Vendée, 49450 VILLEDIEU-LA-BLOUERE (France). On receipt of the products and providing the above-mentioned conditions have been respected, GSA will refund the Purchaser within 14 days of the Purchaser's withdrawal for the total amount of the returned Products (excluding the costs of return which the Purchaser must pay), as well as the initial shipment costs for the order, limited to a total amount for GSA’s standard method of delivery (i.e. €6.50 for a package up to 1 kg and €8.90 over 1 kg); however the initial shipment costs will not be refunded in case of the Purchaser keeps one of the purchased article. For any package which is not received by the Purchaser, and returned by the Postal Services for the following reasons: return to sender (address unknown, incorrect address or incomplete address), the Purchaser will be automatically refunded by re-crediting the Purchaser’s bank account, after deducting €5 including VAT for handling costs.
All Products sold by GSA have the advantage of the legal guarantee provided by Articles 1641 and in accordance with the French Civil Code inasmuch as the use of the Product has been normal and the maintenance advice has been scrupulously observed.
Legal guarantee of conformity
Article L211-4 of the French Consumer Code
The seller is required to deliver an article in compliance with the contract and respond to defects in conformity existing when it is delivered. He/she will also respond to defects in conformity resulting from packaging, instructions for assembly or installation when these have been made his/her responsibility by the contract or have been produced under his/her responsibility.
Article L211-5 of the French Consumer Code
To be compliant with the contract, the article must:
1°) Be appropriate for the use normally expected for such an article and, if necessary:
- correspond to the description given by the seller and have the qualities shown to the purchaser in the form of a sample or model
- have the qualities that a purchaser might legitimately expect in view of public statements made by the seller, the producer or his/her representative in advertising or labelling
2°) Or present the characteristics defined by mutual agreement by the parties or be appropriate for any special use sought by the purchaser that has been brought to the notice of the seller and which the latter has accepted.
Article L211-12 of the French Consumer Code
Action resulting from defects in conformity lapses after two years from the date of delivery of the article.
All complaints must be made in writing:
- Either by post to : GROUPE SALMON ARC EN CIEL, Service Consommateurs Web, 49 rue de Vendée, 49450 VILLEDIEU-LA-BLOUERE (France)
- Or by e-mail from the "Contact us" heading on the Sucre d'Orge website, selecting "After Sales Service" specifying the order number.
Complaints may be received within a maximum of 14 days from receipt of the products by the Purchaser. Whatever the reason for the complaint, GSA will, in all cases, request that the product is returned (the Purchaser is responsible for the cost of the return) to ascertain the merit of the complaint. If returns are abnormal or improper, GSA may refuse a future order.
10. Circumstances beyond the control of GSA
In the event of cases of force majeure such as, in particular, failure of postal services and/or means of transport, natural disaster, fire, flooding, lightning, failure of telecoms networks and/or difficulties relating to telecoms networks beyond the control of GSA, GSA shall not be held liable if it fails to perform any or all of its obligations towards the Purchaser.
11. Personal data
GSA agrees to preserve the privacy of visitors to the www.sucredorge.com website. To this end, GSA agrees not to divulge the name and other information concerning visitors to any individual or organisation not affiliated to GSA without the express consent of visitors. No registration is required to visit or participate in the website. However, some of the pages on the website make it possible to subscribe to the mass mailing list to receive information by post or e-mail. For the surfer they provide the potential to ask to be removed from the list at any time.The website offers direct access to Sucre d'Orge products. If purchases are made on the website the name, postal address, e-mail address and the credit card number of the surfer will be requested. Financial information is solely destined for payment for the products purchased. The procedures followed by GSA to ensure the security and confidentiality of transactions are described under the heading "Respect for privacy". Any surfer has the right of access and rectification of data concerning him/her in compliance with the law dated 6 January 1978, updated by the law dated 6 August 2004. To exercise this right the surfer must send a letter to the following address: GROUPE SALMON ARC EN CIEL, 49 rue de Vendée, 49450 VILLEDIEU-LA-BLOUERE (France). For further information, the electronic data processing is described under the heading, "Respect for Privacy".
Deletion of files
In order not to receive information from GSA in future, the surfer may unsubscribe from the mailing list :
- by using the headings "My Account" or "Newsletter"
- or by writing to the address shown below.
Use of the website www.sucredorge.com may require the installation of cookies on the user's device (computer, tablet, Smartphone...) depending on the choices that he has expressed regarding cookies and which can be changed at any time. These cookies are issued by GSA to facilitate the user's browsing of sucredorge.com.
1. Identity of the data controller:
The data is collected by: GROUPE SALMON ARC EN CIEL (GSA)
Registered Office: 49 rue de Vendée, 49450 Villedieu la Blouere, France
A simplified joint stock company with a capital of 4,800,048 euros - Angers Trade and Companies Register no. 349773697/89B132
CEO: Xavier CUNAUD
Only the entity issuing a cookie is likely to read or modify the information contained therein. The data collected is intended for GSA.
2. What are the cookies on this site for?
Generally speaking, they record information about the user's browsing on GSA's website (pages visited, date and time of visit, etc...). This information will enable GSA:
• to compile statistics of visits and frequency (number of visits, page views...) of the various categories, pages, services, or products on GSA's website and understand users' expectations in order to improve the interest and usability of the site.
• to store information that will facilitate access to GSA's site by the user, including the form that the user has filled out the first time he visited the site, but also information about products, services, the shopping cart...
• to adapt the presentation of GSA's site to the user's device's display preferences in order to facilitate his visit to the site and implement security measures, such as when a user logs into his account after a certain period of time.
3. The choices available to you regarding cookies
For Mozilla Firefox:
1. Click on the Tools menu then select Options.
2. Click on the Privacy icon.
3. Locate the Cookies menu and select the appropriate options.
For Microsoft Internet Explorer 6.0:
1. Click on the Tools menu, then Internet Options.
2. Click on the Privacy tab (or Confidentiality).
3. Select the desired level using the cursor.
For Microsoft Internet Explorer 5:
1. Click on the Tools menu, then Internet Options.
2. Click on the Privacy tab.
3. Customize the level using the cursor.
For Netscape 6.X and 7.X:
1. 1. Click on Edit > Preferences.
2. Privacy and Security
For Opera 6.0 and above:
1. Choose File > Preferences.
If the user shares the use of his device with others, GSA cannot guarantee that the services for the device will correspond to his own use of the device and not that of another user.
This website or third-parties may supply links to other websites or Internet network resources. GSA has no control over these websites and external resources and disclaims all responsibility for their operation, their content, their advertising or the Products and equipment offered. GSA cannot be held liable, directly or indirectly, for any loss or damage which might be caused by or in relation to the use of these websites or resources, or in relation to their content and the products and services they offer.
14. Intellectual property
All the elements of the www.sucredorge.com website are and remain the exclusive and intellectual property of GSA. All the brands, text, work notes, illustrations or images, whether they are sound or visual, reproduced on the GSA website concerning the Sucre d'Orge brand are protected as brand rights, patent rights and image rights, and as copyright. Any reproduction or representation, whole or in part, constitutes an infringement which could involve the civil or criminal liability of its perpetrator. In no circumstances can the www.sucredorge.com website and/or its contents (products, prices, descriptions, downloads, copies of information, graphics, images, text, photographs, use of data, tools and services) be used for commercial ends. Any reproduction, copy, sale or exploitation of all or part of the www.sucredorge.com website for commercial reasons is strictly prohibited without written authorisation from GSA. In no circumstances can the content of the Sucre d'Orge website be re-used whether by copying it or by inserting it directly by hypertext link or "framing". Similarly, meta tags or "hidden" text containing the GSA name, its brands, and/or those of parent and/or affiliated companies cannot be used without the express, written agreement of GSA.
SUCRE D'ORGE, LE VILLAGE DE BEBE, SOS DOUDOU, WEB DOUDOU, LE COFFRE-FORT A DOUDOU, TETINOU, and BERLINGOT are GSA registered trademarks.
15. Archiving – Proof
GSA will archive the order forms and invoices on a reliable, durable medium which provides a true copy in compliance with the provisions of Article 1348 of the French Civil Code. The computerised records of GSA will be considered by the parties as proof of communications, orders, payments and transactions that have taken place between the parties.
If one or several clauses of the present general conditions of sale should be or becomes void, the Purchaser already accepts that the other clauses have not been affected, as well as the replacement of the void clause(s) by economically valid clauses that are as close as possible to the clauses that have been rendered void.
17. Applicable law - Settlement of litigation
The present conditions for on-line sales are subject to French law. If there is a dispute, an amicable solution will be sought by the parties before any recourse to law. If the amicable procedure fails, in compliance with the New French Code of Civil Procedure (Article 42) jurisdiction for French internet clients is allocated to the Courts in the place where the defendant lives. For foreign internet clients, jurisdiction is allocated to the Courts in Angers (France).