Version 1.0 of 27/10/2014
Last update on 26/04/2021
1. Preliminary mentions
2. How to place an order and the purchasing process
3. Product prices, taxes and shipping costs
4. Payment information
5. Delivery or provisioning
6. Customer Service and Right of Withdrawal
7. Warranty for products purchased on this site
8. Provisions specific to the nature of certain products
9. User Area
10. Exemption from liability of the publisher
11. Mentions relating to the Data-processing law and Freedoms
12. Mentions relative to the collection of " cookies ".
13. Intellectual property on the elements of the site
14. General provisions and applicable law
1. Preliminary information
a) Legal notices
In order to comply with the provisions of the law for confidence in the digital economy of June 21, 2004, the legal notices required to identify the publisher of the present Internet site will be set out below.
The present website is published by TECHNIC DIFFUSION, SARL with a capital of 150.000 €, registered in the trade and companies register of LILLE under the number 400946604, and whose head office is located at RUE NICEPHORE NIEPCE PARC D'ACTIVITES BP 40045, 59710 PONT A MARCQ. The publisher can be reached by telephone at 03 20 72 76 72 or by e-mail at the following address: contact@retro-design.fr
Intracommunity VAT number: FR54400496604.
The director of the publication of the site is GUY LEDEZ.
This site is hosted by the company DELEGANET, whose head office is located at 389 RUE LOUIS BREGUET 62100 CALAIS, reachable by phone at the following number: 03 66 62 50 10.
The general terms and conditions of sale were generated through the CGV-expert.fr module.
b) Purpose
This site is freely accessible to any Internet user. It consists of an online product sales site.
c) Acceptance of the general conditions of sale
The subscription to a contract governed by the present general conditions with the editor of the present site supposes the acceptance, by the user, of the said general conditions of sale. The user acknowledges having fully understood them. This acceptance will consist in the fact, for the user, of validating the present general conditions.
The user recognizes the value of proof of the automatic recording systems of the editor of the present site and, except for him to bring proof to the contrary, he renounces to dispute them in case of litigation.
The acceptance of the present general conditions supposes that the user has the legal capacity to do so, or if not, that he/she has the authorization of a guardian or curator if he/she is incapable, of his/her legal representative if he/she is a minor, or that he/she has a mandate if he/she acts on behalf of a legal entity.
2. How to place an order and the order process
The products are sold within the limits of available stocks. The availability of products is indicated on the site, in the description of each article.
In order to comply with the provisions of the law of confidence in the digital economy of June 21, 2004, the ordering process is described below:
In order to place an order, the user will be able to select one or several products and add them to his basket. When the order is complete, the user will be able to access his basket by clicking on the button provided for this purpose. By consulting his basket, the user will be able to check the number and the nature of the products he has chosen and will be able to check their unit price as well as the global price of the order. He will have the possibility of removing one or more products from his basket. On this summary will be indicated to the user the faculty of which it has or not to exercise its right of retractation as well as the deadlines and methods which apply to it.
If the User is satisfied with the order and wishes to validate it, he/she can click on the validation button, and then access a form in which he/she can either enter his/her connection identifier if he/she already has one, or register on the site by completing the form presented to him/her, with his/her personal information.
Once he is connected or after he has completed the form, the user will be invited to check or modify his delivery and billing details, to read and validate the present conditions, to confirm his order and then will be invited to make his payment by being redirected to the secure payment interface.
Once the payment is effectively received by the site editor, the latter undertakes to acknowledge receipt of the payment to the user electronically, within a maximum of 24 hours.
Similarly and within the same timeframe, the publisher undertakes to send the user an email summarizing the order in order to confirm its processing and to communicate all information relating to the order.
3. Product prices, taxes and delivery costs
The prices indicated on the site are understood to be in Euros, all taxes included, and excluding delivery costs. The prices are firm, without discount or rebate. These prices can be modified at any time by the publisher, the prices displayed are only valid on the day of the order and do not have effect for the future. The price applicable to the customer is the one in force at the time of the order.
The delivery costs will, in any case, be indicated to the customer before any payment.
In case of delivery outside the European Union and the French overseas departments and territories, the user is informed that customs duties and other taxes may be due. The necessary formalities and the payment of the aforementioned rights and taxes are not the responsibility of the editor and will in any case be the responsibility of the user. It is therefore the responsibility of the user to check all these data as well as the possibilities of importing the product with the competent authorities of the country of delivery, before ordering on the site.
THE PRODUCTS SOLD REMAIN THE PROPERTY OF THE PUBLISHER UNTIL FULL PAYMENT OF THEIR PRICE, IN ACCORDANCE WITH THIS RETENTION OF TITLE CLAUSE. THE RISKS ARE TRANSFERRED TO THE CUSTOMER UPON DELIVERY OF THE PRODUCTS.
4. Payment information
The Internet user can place an order on the present site and can make his payment by paypal and credit card.
Payments by credit card are made through secure transactions provided by the service provider: Banque Populaire du Nord and PAYPAL.
Within the framework of the payments by bank card, the editor of the present site does not have access to any data relating to the means of payment of the customer.
The delivery periods defined in the article below only begin to run from the date of effective receipt of payment by the seller, the latter being able to provide proof by any means. In the absence of receiving the payment from the customer within eight days from the order, the order will be cancelled and the products will be put back on sale on the site.
The failure to pay at its term of any sum due to the editor will give place to the collection of penalties equal to (3) three times the legal interest rate to which will be added a fixed allowance of 40 euros for collection costs. These penalties will be due as of the day after the due date of the unpaid sums, without prior notice.
5. Delivery or availability
a) Delivery time
Orders are delivered by LA POSTE, EXAPAQ, TNT, GEFCO, FRANCE EXPRESS, or any carrier designated by the publisher within 3 working days from the date of full payment of the order.
Certain products or certain volumes of order can nevertheless justify a higher delivery time, it will be made expressly mention to the attention of the user at the time of the validation of the order.
b) Damage and partial loss
Upon delivery, you must check your package by unpacking it completely in front of the delivery person, even if the packaging is intact, and check the good condition of the product before accepting it. In case of delivery of a package obviously and visibly deteriorated, it is up to the customer to refuse it in order to enjoy the guarantee offered by the carrier. The user must also inform the publisher without delay, so that a new package can be prepared and sent upon receipt of the damaged package in return. Only precise reservations (product references, quantity and defects noted) are valid with the carriers. In such a case, the delivery times indicated above in these terms and conditions shall no longer apply.
Likewise, the user must refuse any incomplete package or one with damaged items. Indeed, in accordance with the article L 133-3 of the commercial code, the reception of the transported objects extinguishes any action against the carrier for damage or partial loss if in the three days, not including the holidays, which follow that of this reception, the recipient did not notify to the carrier, by registered letter, his motivated protest. In the absence of proceeding to this formality and in the event of acceptance of a damaged product, Retro Design cannot be held responsible for the damage caused during transport and will not be able to refund you or to take back the product. Any package accepted without any reservation will be considered delivered in conformity.
6. Customer Service and Right of Withdrawal
a) Customer service
The customer service of the present site is accessible from Monday to Friday from 10 am till 6 pm to the following not surtaxed telephone number: 03 20 72 76 72, by electronic mail to the following address contact@retro-design.fr or by postal mail to the following address TECHNIC DIFFUSION, RUE NICEPHORE NIEPCE PARC D'ACTIVITES BP 40045, 59710, PONT A MARCQ. In these two last cases, the editor will endeavour to bring an answer under two wrought days.
b) Right of withdrawal and return of products
Right of withdrawal
You have the right to withdraw from this contract without giving any reason within fourteen days.
The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the good or the last good.
To exercise the right of withdrawal, you must notify us: TECHNIC DIFFUSION, RUE NICEPHORE NIEPCE PARC D'ACTIVITES BP 40045, 59710, PONT A MARCQ, 03 20 72 76 72, contact@retro-design.fr of your decision to withdraw from the present contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail). You can use the sample withdrawal form but it is not mandatory.
In order for the withdrawal period to be observed, it is sufficient for you to send your communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal
If you withdraw from this contract, we will refund all payments received from you, including delivery costs (with the exception of any additional costs arising from the fact that you have chosen a delivery method other than the cheaper standard delivery method offered by us), without undue delay and in any event no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract.
We will issue a refund using the same payment method you used for the original transaction, unless you expressly agree to a different method, and in any event, there will be no charge to you for such refund. We may defer the refund until we have received the goods or you have provided proof of shipment of the goods, whichever comes first.
You must return the goods to us without undue delay and, in any event, no later than fourteen days after you have informed us of your decision to withdraw from this contract. This period is deemed to have been observed if you return the goods before the expiry of the fourteen-day period.
You will be responsible for the direct costs of returning the goods.
You are only responsible for the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.
Exclusions
In accordance with Article L121-21-8 of the Consumer Code, the right of withdrawal can not be exercised for contracts:
- Supply of goods made to the specifications of the consumer or clearly personalized;
- Of supply of goods which, after being delivered and by their nature, are mixed in an indissociable way with other articles;
7. Guarantee of the products bought on the present site
In case of defect of a product bought on the present site, the user has, in accordance with the provisions of the civil code as regards legal guarantee of the hidden defects, a two years deadline as from the observation of the aforementioned defect to ask for the exchange or the refunding of the product, and, pursuant to Article L211-5 of the Consumer Code, the consumer will have a period of two years from receipt of the said product to request repair or reimbursement, in the event that the goods delivered do not conform, in the sense given to this word by the aforementioned article. In order to exercise one of these rights, it is up to the customer to approach the customer service of the publisher.
Certain objects acquired on the present site benefit, in addition to the guarantee of the hidden defects defined by the civil code as well as the guarantee of good conformity imposed by the article L211-5 of the code of the consumption which are, if necessary, always applicable to them and which are defined above, of a conventional guarantee offered by the salesman or the manufacturer, the duration of which will be likely to vary according to the product, and which will be in particular detailed on the descriptive card and the note of use of the product.
8. Provisions specific to the nature of certain products
All products sold on this site are marketed in compliance with the legislative and regulatory provisions in force in France.
The compulsory displays required by the legislative and regulatory provisions in force are made on this site, and in particular in the description of each article.
9. User space
a) Creation
The creation of a user account is a prerequisite to any order of a user. To this end, the user will be asked to provide a certain amount of personal information. The user undertakes to provide accurate information under penalty of cancellation of the contract at the initiative of the publisher and deletion of the user account.
Certain information will be considered essential to the conclusion of the contract and their collection will be indispensable to the creation of the account and to the validation of the conclusion of the contract. The refusal by a user to provide such information will prevent the creation of the user account and, incidentally, the validation of the order.
b) Operation
This space allows the user to consult all his orders made on the site, and also allows him, if necessary, to follow the delivery of the purchased products.
If the data contained in the user account were to disappear following a fortuitous event, a technical failure or a case of force majeure, the responsibility of the publisher of this site could not be engaged, this information having no probative value but only an informative character. The editor undertakes however to keep in a secure way all the contractual elements whose conservation is required by the law or the regulation in force.
The publisher reserves the exclusive right to delete the account of any user who has contravened these terms and conditions (including, but not limited to, when the user has knowingly provided false information when registering and setting up an account) or any account that has been inactive for at least one year. The said deletion will not be likely to constitute a damage for the excluded user who will not be able to claim any compensation for this fact.
This exclusion is not exclusive of the possibility, for the editor, to undertake legal proceedings against the user, when the facts will have justified it.
c) Password
When creating a user account, the user will be asked to choose a password. This password guarantees the confidentiality of the information contained in the account and the user is therefore forbidden to transmit or communicate it to a third party. Otherwise, the site cannot be held responsible for unauthorized access to a user's account.
10. Exoneration of the editor's responsibility
a) Accessibility to the site and force majeure
In the event of impossibility of access to the site, because of technical problems or of any nature, the user will not be able to prevail himself/herself of the responsibility of the editor.
The unavailability, even prolonged and without any limitative duration, of one or more products, cannot be constitutive of a prejudice for the user and cannot give place to the granting of damages on behalf of the site or its editor.
The publisher cannot be held responsible for the non-performance of the contract that may be attributable to a case of force majeure, as defined by the French courts.
b) Visual representation of the products
The visual representations of the products, published on the present site, are not guaranteed by the seller as perfectly faithful to reality and may vary according to availability and possible modifications made by the suppliers. The rendering of these representations, particularly in terms of color or shape, may vary significantly from one computer to another or differ from reality depending on the quality of the graphic accessories, the screen or the display resolution. These differences cannot in any case be attributed to the seller, who cannot in any case be held responsible.
c) Products sold on the site
The editor undertakes to respect all applicable provisions in force in France and cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in other countries.
The publisher of this site can in no way be held responsible for the misuse of products, poor maintenance of products, accidental damage or misuse of products.
The products offered for sale on the site are sold uninstalled, the user declares that he is responsible for the installation of the products, which must be done in accordance with the rules of the trade and in compliance with the instructions for use.
d) Adaptable body parts
We remind you that our body parts are adaptable. It is therefore necessary to carry out a blank assembly and to make any necessary adjustments or modifications before the final assembly or painting of the parts. Thank you.
e) Hypertext links
The hypertext links present on the present site can refer to other Internet sites and the responsibility of the editor of the present site could not be committed if the contents of these sites contravene the legislations in force. Similarly, the responsibility of the editor of the present site cannot be engaged if the visit, by the user, of one of these sites, would cause him a prejudice.
11. Information relating to the Data Protection Act
a) General - Purpose - Duration
The user is free to provide personal information about himself. The provision of personal information is not essential for navigation on the site.
On the other hand, the registration on the present site supposes the collection, by the editor, of a certain number of personal information concerning the user. The user who does not wish to provide the information necessary for the creation of a user account will not be able to place an order on the present site.
The collected data are necessary for the good administration of the services proposed on the present site as well as the respect of its contractual obligations by the editor. These data are kept by the editor in this unique capacity, and the editor undertakes not to use them in another framework, nor to transmit them to third parties, except with the express agreement of the users or in cases provided for by the law.
The contact information of all users registered on this site is saved for a maximum of 12 months from the deletion of the personal space, a reasonable period of time necessary for the proper administration of the site and normal use of the data. These data are kept in secure conditions, according to current technical means, in compliance with the provisions of the Data Protection Act of 6 January 1978.
b) Right of access, rectification and opposition
In accordance with the Data Protection Act, the user has the right to oppose, question, access and rectify the data he or she has provided. To do so, he/she just has to make a request to the editor of the present site, by sending it to the following e-mail address: contact@retro-design.fr, or by mail to the address of the editor's head office mentioned at the top of the present general conditions.
The personal data collected are subject to computer processing and are exclusively reserved for the site editor.
The person in charge of the processing is Guy Ledez.
Number of declarant to the CNIL :
c) IP address
In addition, the editor reserves the right to collect the public IP (Internet Protocol) address of any user. The collection of this IP address will be done anonymously, it will be kept for the same period of time as personal information and will only be used to allow a good administration of the services offered on this site. The IP address corresponds to a series of numbers separated by dots allowing the unique identification of a computer on the Internet network.
The editor will have to communicate all the personal data relative to a user to the Police (on judicial requisition) or to any person (on order of the judge). The IP address of any computer may be matched with the actual identity of the subscriber held by the ISP (Internet Service Provider).
12. Notices relating to the collection of "cookies
a) General - Purpose - Duration
In order to allow the user an optimal navigation on the present site as well as a better functioning of the various interfaces and applications, the editor will be able to proceed to the implantation of a cookie on his computer. This cookie makes it possible to store information relating to navigation on the site (date, page, times), as well as any data entered by the user during his visit (searches, login, email, password). These cookies are intended to be kept on the user's computer for a variable period of up to 12 months, and may be read and used by the editor during a subsequent visit by the user to this site.
b) Right to oppose the installation of the cookie
The user has the possibility of blocking, modifying the duration of conservation, or deleting this cookie via the interface of his browser (generally: tools or options / privacy or confidentiality). In such a case, navigation on this site will not be optimized. If the systematic deactivation of cookies on the user's browser prevents him/her from using certain services or functionalities provided by the editor, this malfunctioning will not in any case constitute a damage for the user who will not be able to claim any indemnity as a result.
c) Deletion of cookies
The user also has the possibility of deleting the cookies previously present on his computer, by going to the menu of their browser provided for this purpose (generally, tools or options / privacy or confidentiality). Such action does not affect navigation on this site, but the user loses all the benefits provided by the cookie. In this case, he/she will have to re-enter all his/her information.
13. Intellectual property on the elements of the site
All the elements constituting the present site belong to the editor or are the object of an authorization of exploitation and are protected by the legislation relating to the intellectual property.
The user therefore acknowledges that, in the absence of authorization, any total or partial copy and any distribution or exploitation of one or more of these elements, even if modified, will be likely to give rise to legal proceedings against him/her by the publisher or his/her beneficiaries.
This protection will concern all the textual and graphic contents of the site, but also its structure, its name and its graphic charter.
Likewise, the user acknowledges that he/she has been informed that the matrix of the present general conditions has been deposited with a bailiff and that any reproduction, even partial, of the present document may be subject to legal proceedings for economic parasitism.
14. General provisions and applicable law
a) Modification of the general conditions
The present general conditions can be modified at any time by the editor of the site or his agent. The general conditions applicable to the user are those in force on the day of his order. The editor undertakes of course to keep all his former general conditions and to send them to any user who requests them.
b) Applicable law and competent jurisdictions
The present general conditions are subjected to the application of the French law and the exclusive competence of the French jurisdictions. The language of the contract is French, any version available in a foreign language on the site has only an informative value. Similarly, this site may be translated into various languages to facilitate the navigation of non-French users who wish to order on the site.
IN THE EVENT OF A DISPUTE WITH A CUSTOMER WHO IS A MERCHANT, AS DEFINED BY FRENCH LAW, EXCLUSIVE JURISDICTION IS GIVEN TO THE COURTS IN THE JURISDICTION WHERE THE PUBLISHER IS ESTABLISHED.
c) Amicable settlement of disputes
Except for provisions of public order, all disputes that may arise in connection with the execution of these terms and conditions may, before any legal action is taken, be submitted to the site editor for an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the deadlines for taking legal action.
d) Severability
If one of the clauses of the present general conditions were to be declared null and void by a court decision, this nullity would not carry the nullity of all the other clauses, which would continue to produce their effect.
e) Non-waiver
The fact, for the parties, of not prevailing on a temporary or permanent basis of one or more clauses of the present general conditions, will not involve in any case renunciation to prevail itself of the remainder of the general conditions.
If a consumer wishes to cancel his order, he can use the form below.
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SAMPLE CANCELLATION FORM
(Please complete and return this form only if you wish to withdraw from the contract)
To the attention of TECHNIC DIFFUSION, RUE NICEPHORE NIEPCE PARC D'ACTIVITES BP 40045, 59710, PONT A MARCQ, 03 20 72 76 72, contact@retro-design.fr :
I/We (*) hereby notify you/us (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*): ...............................................................................
Name of the consumer(s): ...........................................................................
Address of consumer(s): .......................................................................
Signature of consumer(s) (only if notifying this form on paper): ....
Date: .............................................................................................................
(*) Delete as appropriate.
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