General Conditions " SUCRE D’ORGE " Birth List
Going online: 19 December 2011
These conditions apply to the services proposed by the company GROUPE SALMON ARC EN CIEL, S.A.S. [simplified joint stock company] with share capital of 4,800,000 euros, having its registered office at 49, rue de Vendée – 49450 VILLEDIEU-LA-BLOUERE (France), listed in the Angers (49) Trade and Companies Register under number 349 773 697/89B132, referred to hereafter as GSA:
to any natural person, referred to hereafter as the User, who wishes to file or register a Sucre d’Orge Birth List (hereafter Birth List) as well as to any natural person, named hereafter the Close Relation, wishing to take part in the Birth List, through the e-commerce website accessible on the Internet website www.sucredorge.com.
These conditions are intended to define the contractual relations between GSA and the User and/or the Close Relation as well as the methods of subscription and use by the User and/or the Close Relation of the Birth List on the Internet website www.sucredorge.com. These conditions govern all stages of the Birth List, its creation and closure, as well as all orders placed, and they ensure follow-up of these orders between the contracting parties. The order entails acceptance of these conditions by the User and/or the Close Relation without reserve, GSA reserving the right to change them at any time. The general conditions applicable are those in force on the Internet website www.sucredorge.com on the date of creation of the Birth List by the User.
The User and/or the Close Relation declare(s) that:
- he has/they have the legal capacity to conclude this contract;
- he is/they are not purchasing products with the aim of reselling them;
- he is/they are not a merchant.
Joining the Birth List:
The User and/or the Close Relation is/are required to have a customer account on the Internet website www.sucredorge.com or to create one, as the case may be. If the User and/or the Close Relation already has/have a customer account on the Internet website www.sucredorge.com, he/they can identify himself/themselves by using the user’s name and password. Any operations relative to the Birth List can take place only on the Internet website www.sucredorge.com.
Creation of the Birth List
Once identified, the User, holder of the Birth List account, can create the Birth List by filling in the creation form. The User is required to fill in the boxes with his name, surname and telephone number, indicate the name of the Birth List and the baby’s date of birth and finally specify the address where he wishes to receive the products from the Birth List. If he so wishes, the User can limit access to the Birth List by filling in a password, which he can then forward to his Close Relations.
Sharing the Birth List:
After creating the Birth List, the User can share it by clicking on the link ‘Share my List’ intended for this purpose. The User must then fill in the form indicating the e-mail addresses of the Close Relations with whom he wishes to share the Birth List. The close Relations will receive an e-mail at the address provided by the User including an access link to the Birth List and proposing that they consult the Birth List. The User can also publish the Birth List on Facebook by clicking on the link ‘Publish my List on Facebook’ intended for this purpose.
Selection of products:
The User selects the products he would like to see on his Birth List by clicking on the button ‘For my Birth List’ included on each product available on the Internet website www.sucredorge.com The User can change his selection at any time. Only products sold on the Internet website www.sucredorge.com can be added to the Birth List. The availability of products may vary during the time the Birth List is online. The products are offered for sale within the limit of available stocks. Non-availability of a product on the Internet website www.sucredorge.com automatically results in disappearance of the product from the Birth List. The articles selected from the Birth List cannot be reserved so long as the order has not been validated. The stock is not blocked so long as the article has not been purchased by a Close Relation or by the User himself.
Access and participation in the Birth List:
The Close Relation can access the User’s Birth List using the link included in the e-mail sharing the Birth List, either with the link on the User’s Facebook page or by clicking on the link ‘Participate in a Birth List’ on the Internet website www.sucredorge.com. To access the Birth List, the Close Relation must indicate the name of the Birth List sent by the User and possibly the password. The Close Relation will then be able to choose and add the product or products he wishes to purchase and offer from among those selected by the User in his Birth List. Processing by GSA of the order, which will be delivered at the address specified by the User, depends on validation of the order and payment.
Prices of the articles:
The prices of the articles indicated on the Internet website www.sucredorge.com are given in euros, tax inclusive, taking account of the Value Added Tax applicable at the time the order is validated (on the French territory). They do not include delivery and handling costs of the order, which are indicated to the User and/or the Close Relation when the order for the articles from the Birth List is placed. The ordered articles are billed on the basis of the prices in force at the time of final validation of the order.
Exchanges and credit notes:
Only the User can exchange or receive a credit note for the article or articles which do not suit him. He benefits from a period of withdrawal of fourteen (14) clear days following delivery to return to GSA, at his expense, the article or articles he has received. When the right of withdrawal is exercised by the User, the article or articles must be returned complete and in a perfect state, unused and not washed, in their original packing and accompanied with the delivery slip attached to the package. The article or articles must be returned by post to the following address: Société Groupe SALMON ARC EN CIEL, Service retours web, Z.I. du Landreau, 49450 VILLEDIEU-LA-BLOUERE (France). No refund for articles is provided for in connection with the Birth List insofar as the User himself has chosen the articles from his Birth List.
Duration and close of the Birth List:
The duration of validity of the Birth List is two (2) months following the expected date of birth of the child; this date must be provided in the form for creating the Birth List. The Birth List can be closed by the User at any time. Once the Birth List has been closed, the User can no longer change it. If the Birth List is not closed after two months of validity, closure is automatic. On closure of the Birth List, and if there is at least one purchase from the List, a stuffed animal embroidered with the baby’s surname will be offered to the User. A gift certificate for 10% of the total amount purchased on the Birth List will also be offered to the User starting with 250.00 euros of purchases from the Birth List.
Data of a personal nature:
GSA undertakes to protect the private life of visitors to the Internet website www.sucredorge.com. To do so, GSA agrees not to communicate the name and other information concerning the visitors to any other individual or organisation not affiliated with GSA without their explicit consent. No registration is required to visit the Internet website or to take part in it. However, some pages of the website make it possible sign up in the list for bulk mail in order to receive information by post or electronically. For the web browser, these pages provide the possibility of asking to be removed from this list at any time. The website proposes direct access to the Sucre d’Orge products. If purchases are made on this website, the web browser’s contact data will be requested: name, postal and electronic address, credit card number. Information of a financial nature is intended exclusively for payment for the products purchased. The procedures followed by GSA in order to ensure security and confidentiality of the transactions are described in the heading ‘Respect for private life’. All web browsers enjoy a right of access and rectification of the data concerning them in application of the law of 6 January 1978, amended by the law of 6 August 2004. To exercise this right, the web browser 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, automated processing of data is described in the heading ‘Respect for private life’.
Governing law – Settlement of disputes:
These conditions of sale online are governed by the laws of France. In case of dispute, an amicable solution will be sought by the parties prior to any action taken before the courts. If the amicable procedure fails, then for French web browsers, in application of the New Code of Civil Procedure (article 42), competence is assigned to the courts where the defendant is domiciled; for customers who are foreign web browsers, competence is assigned to the Courts of Angers.