Article 1 – Definitions
The “Website”: the website www.boutique.vendeeglobe.org managed by the single-member limited liability company COMPTOIR DE LA MER, with a capital of 50,000 Euros and whose head office is situated 2 Rue des Gréeurs La Cabaude 85100, Les Sables d’Olonne.
The “Customer”: any natural or legal person who places an Order via the Website.
The “Order”: the fact of purchasing a Product online.
The “Legal Notices”: inform any internet user, Customer or not, of the identity of both the Website’s manager and host, as well as of the Website’s access conditions.
The “Registration”: the action enabling an internet user to become a Customer and to place an Order.
The “Product(s)”: an item sold on the Website.
The “Cart”: all the Products selected by the Customer so as to place an Order.
Article 2 – Purpose
The purpose of the herein General terms and conditions is to set the conditions of sales of each ready-to-wear product or accessory sold by the company COMPTOIR DE LA MER to its Customers.
Legal Notices complete the herein General terms and conditions (please click on the link at the bottom of the Website’s main page).
Article 3 – Customer’s identification – Acceptance of the herein General terms and conditions
The Customer declares on his/her honor that he/she is over the age of legal majority or an emancipated minor. The Customer provides the Website with a valid postal or email address; the Customer makes sure of its validity over time.
When ordering, the Customer must give the information mentioned as mandatory.
When creating his/her personal account, the Customer chooses both a personal username and password. At the end of each session, the Customer must make sure he/she logs out. The Customer is responsible for the privacy preservation of his/her password and personal account, and is fully responsible for any action involving the use of his/her username and password. In the event of a loss or a theft of the username and/or password, or in the event that a third party uses those login details, the Customer must contact the Website immediately.
The Customer’s personal account contains:
the Customer’s profile, the catalogue.
For any Order placed, as well as when creating his/her account, the Customer agrees that he/she read, understood and accepted the herein General terms and conditions. Each time a new Order is placed, the Customer reiterates his/her agreement with these Conditions.
In the event of a change in the access financial policy, or in case of introduction of a new service, or evolution of any other substantial condition stated in the herein document, the herein Conditions shall be revised. The Customer must regularly read those General terms and conditions in order to keep up do date with any modification.
Article 4 – Prices and Ordering
Prices:
The prices displayed on the Website www.boutique.vendeeglobe.org are given in Euros, include the statutory Value Added Tax but do not include a delivery charge. The VAT matches the applicable rate for the concerned Products. If the VAT rate happened to be modified, these changes may affect the prices of the Products and items without any obligation for the Company to inform the Customer.
The cost for each delivery method is clearly indicated during the check-out process, when the Customer enters his/her address.
All taxes are included in the Order’s price for deliveries to Metropolitan France and European Union countries.
Regarding deliveries to addresses located out of the French or European Union territories, the Order’s price is given excluding tax. The Customer must pay for customs duties, import duty and any other local taxes which are payable when entering a country.
How to place an Order:
The Customer must register to create an account or to log into his/her personal one, then select the Product(s) he/she is interested in to save them in the Cart. At any time, the Customer can check the Products saved in the Cart, remove some of them or add new ones. Depending on the Products saved in the Cart, the Customer is informed of the pertaining delivery costs.
To confirm the Order of the Products saved in the Cart, the Customer must click on the link: “confirm the order”. The Customer is then invited to pay via the dedicated payment platform (see conditions below). Finally, an email of confirmation is sent to the Customer.
Delivery costs: please visit the page Deliveries and returns.
Article 5 – Products’ availability
Our Products are available as long as they are displayed on the Website www.boutique.vendeeglobe.org and while stocks last. Regarding the Products which are not stocked, our offers are valid subject to availability from our suppliers.
If the ordered Product is not available or if the Customer refuses to accept the delivery time resulting from its unavailability, COMPTOIR DE LA MER shall contact the Customer before any modification of the Order.
If necessary, COMPTOIR DE LA MER shall propose a substitute Product to the Customer, who shall accept it or not. If the Customer refuses to accept the substitute Product, the amounts already debited to pay the unavailable Product(s) shall be credited to the Customer’s debited bank account within a thirty-day period.
Article 6 – Payment
Any confirmation of the Order means the Customer has an obligation to pay the indicated price.
When ordering, the Customer pays for the Products outright, online and by credit card, thanks to the following secured payment systems: SystemPay or PayPal.
Both Visa and Mastercard are accepted.
The debit is made when ordering.
In the event that the payment by credit card fails, the Products shall not be delivered and the Order shall be cancelled rightfully.
The Website is not aware of the given bank data and does not retain them. Those data are only used as control data between the Customer and the bank.
Article 7 – Delivery
COMPTOIR DE LA MER delivers to Metropolitan France, Overseas Departments and Territories, and the rest of the World. Products are delivered to the address given during the ordering process, within the period mentioned on the Order’s confirmation page.
In case of delay in delivery, an email shall be sent to the Customer to inform him/her of a possible consequence on the communicated delivery time frame.
In accordance with legal provisions, in case of delay in delivery, the Customer can cancel the Order within the conditions and provisions of article L.138-2 of the Consumer Code. If the Customer receives the Product in the meantime, the Company shall refund the Product(s) as well as the delivery and return costs within the provisions of article L.138-3 of the Consumer Code.
If the Product is delivered by a haulage contractor, COMPTOIR DE LA MER cannot be held responsible for any delay in delivery exclusively due to the Customer’s unavailability following several propositions of appointments.
The Products are delivered to the address supplied when ordering. Starting from the dispatch date of the Order to the address mentioned by the Customer, the risks related to the delivered goods are passed on to the Customer. This stipulation does not concern Consumer-Customers.
The delivery time frame indicated when ordering is provided for information only. Regarding Consumer-Customers, in accordance with articles L.138-1 and following of the Consumer Code, except in case of force majeure, if the Product is not delivered within thirty (30) days following the scheduled date of delivery, Consumer-Customers must give COMPTOIR DE LA MER notice to deliver the goods within a reasonable time frame.
When receiving the Product, the Customer must make sure both the packaging and Products are in good condition following the delivery. If the parcel is damaged, the Customer must refuse to accept it. The delivery note makes mention of detailed reservations.
The rejected goods or those sent to a wrong address shall be delivered again at the Customer’s expense.
Article 8 – Retention of title
The delivered Products remain the property of COMPTOIR DE LA MER until the Customer fulfils his/her obligations in respect to COMPTOIR DE LA MER, and especially until full payment of the due price, which may be raised if necessary, depending on legal-rate interest.
Article 9 – Cooling-off period for Consumer-Customers
In accordance with article L.121-21 of the Consumer Code, Consumer-Customers can cancel their orders until fourteen (14) days after receipt of the ordered Products. To do so, the Customer must fill in a cancellation form which is provided without giving any justification nor paying any penalty. COMPTOIR DE LA MER commits to refund all the amounts already paid by the Customer, except return costs which remain at the Customer’s expense.
COMPTOIR DE LA MER shall acknowledge receipt of the cancellation made by the Customer.
The refund shall be provided using the same method used to make the payment, at the latest within fourteen (14) days of receiving the Customer’s notice of cancellation. If the returned Product is damaged or if elements are missing, COMPTOIR DE LA MER can refuse to provide a refund or to apply a discount according to the diagnosis made by the Website’s after-sales service.
If several deliveries are necessary to dispatch the Order, the cooling-off period shall be in effect from the reception date of the last parcel of the Order.
Article 10 – Returns within 14 days
Each returned Product must imperatively be sent along with a return code.
To get this code, the Customer must telephone to COMPTOIR DE LA MER or send an email to shop.VENDEEGLOBE@vendeeglobe.fr or fill in the contact form entering the number of the Order and the references of the Product to be returned. COMPTOIR DE LA MER shall answer the internet user back and send him/her a return code as well as the address to which he/she must return the Product.
The return is the responsibility of the customer.
The Product must be sent to the Website’s manager mentioned in the Note. The Product must be undamaged and carefully placed in its original pack.
This parcel must be delivered to COMPTOIR DE LA MER in good condition. Any opened parcel or product shall have to be closed up properly. All the packs shall have to be the original ones. The parcel must arrive at COMPTOIR DE LA MER’s office in perfect resale condition, which means the Customer commits to do his/her best to protect the Product during its return shipment.
In the event of missing, flattened or opened Products or parcels, the latter shall not be accepted nor refunded.
The refund shall be made within a fourteen-day period via bank transfer or by check.
Article 11 – Nonconformity – Defective Products
Regarding Consumer-Customers:
If the returned Product does not comply with the specifications provided by the Order, the Consumer-Customer can ask COMPTOIR DE LA MER for its replacement.
Regarding defective Products with a hidden defect, the Customer must provide COMPTOIR DE LA MER with his/her contact details, the delivery note number, the Product’s references mentioned on the delivery note and the description of the defects. COMPTOIR DE LA MER shall therefore provide a refund for this Product. In case of mistake, defect or nonconformity, the return of the latter shall only be accepted if the Product is returned undamaged in its original pack, along with its possible accessories, user manuals and documentation, and if no element is missing. The returned Products must also be sent in a new parcel along with a copy of the related invoice. In the aforementioned cases, the Company shall refund the Customer the possible delivery costs.
Whatever the reasons, the guarantees do not cover: the abnormal or nonconform use of the Products related to their documentation; the faults and their consequences related to the nonconform use of the Products; the faults and their consequences related to any other external causes.
Regarding the professional Customer, trader or freelance:
The Customer is responsible for the conformity of the Products he/she orders. The Website shall therefore not accept any return for nonconformity reasons.
Only the manufacturer’s guarantee can apply to each Product, any return must therefore be addressed directly to the manufacturer. COMPTOIR DE LA MER does not propose any specific guarantee nor extension of warranty. COMPTOIR DE LA MER can therefore not be held responsible for any guarantee regarding hidden defects or defective Products.
Article 12 – Website’s distinguishing elements – Intellectual property
The term COMPTOIR DE LA MER is a registered trademark.
The domain name www.boutique.vendeeglobe.org is protected. These elements cannot be used without the express consent of their holder. This also applies to the partner’s distinguishing features.
The Customer agrees that the Website’s content, texts, Products’ data base, computer programs, songs, sounds, graphics and videos, even in a non-limiting way, are protected by copyright, trademark or any other intellectual property laws. The Customer agrees that he/she is only allowed to use these elements and information within the limits expressly set by the herein General terms and conditions.
Any reproduction of the Website, completely or partially, with a different aim than reading or placing an Order, is forbidden without the express consent of COMPTOIR DE LA MER.
Any link or hyperlink to the Website www.boutique.vendeeglobe.org is strictly forbidden without the express written consent of the company COMPTOIR DE LA MER.
Article 13 – Comments, critics, communications and other contents
The users of the Website COMPTOIR DE LA MER can send critics, comments or any other content to the company; they can also send suggestions, ideas, questions or any other information as long as this content is not illegal, obscene, inappropriate, threatening, defamatory, if it does not contravene the intellectual property laws, does not offend anyone and does not convey any virus, political messages, commercial requests, mass or chain mailing or any other form of “spam”.
The user must not use fake email addresses, must not assume the identity of another individual or entity, nor lie about the origin of the content. COMPTOIR DE LA MER reserves the right, at its own discretion, to remove or modify any content.
Article 14 – Liability
Access to the Website and operation:
The Website is based on technologies developed by third parties. COMPTOIR DE LA MER commits to make every effort to ensure a permanent access to the Website.
Nevertheless, in order to guarantee the technical maintenance of the Website, the access to it shall possibly be interrupted temporarily. Within the realms of possibility, the Website shall make every effort to inform its Customers about it. The Customers must make sure their computer hardware and software are compatible with the Website’s access conditions.
COMPTOIR DE LA MER disclaims all responsibility for any possible damage resulting from the Website’s unavailability or connection problems.
Order registration and execution via the Website:
COMPTOIR DE LA MER disclaims all responsibility for any possible delay in delivery. Such delays do not allow the Customer to demand the cancellation of the sale, refuse the goods or claim damages for any reason whatsoever.
COMPTOIR DE LA MER cannot be held responsible for the inexecution of the settled agreement if the Product is unavailable or out of stock, in its own stock or those of its suppliers.
THE RESPONSIBILITY OF COMPTOIR DE LA MER SHALL ONLY BE ENGAGED IF IT IS EXPRESSLY ESTABLISHED THAT THE REPORTED DAMAGE RESULTS FROM ITS OWN ACTION AND IF THERE IS A DIRECT AND CERTAIN CAUSAL LINK BETWEEN THE CLAIMED MISTAKE AND THE DAMAGE.
The responsibility of COMPTOIR DE LA MER shall in no case exceed €200, regardless of the reasons of the damage.
Loss or fraudulent use of passwords / usernames:
The Website is not responsible for losses or damages resulting from the loss or fraudulent use of the Customer’s passwords and usernames.
Article 15 – Prescription
Any liability action against the Website lapses one (1) year after the occurrence of the damage.
Article 16 – Data Protection Act
The Website retains the following data:
- Any information given when signing up to create a personal account in order to place an Order;
- Any information given when ordering, if the Customer does not sign up;
- In accordance with the applicable law, the time and duration of every visit on the Website, as well as the IP address used to connect to it.
This data can be passed on at the request of the legal authority.
In accordance with the Data Protection Act (amended law number 78-17 of January 6th 1978), the database and its processing are registered at the CNIL.
The Customer’s personal data are directly gathered by the Website. The Customer has the right to object, access, rectify or delete his/her personal data, except for the IP addresses, in accordance with the regulation in force regarding data retention. To exercise their rights, Customers can send an email to the Website’s address: shop.VENDEEGLOBE@vendeeglobe.fr.
Article 17 – Application of the Conditions – Divisibility – Interpretation
The herein General terms and conditions of the Website legally and contractually engage both the Website’s and Customers’ responsibility.
If the Website does not, at any time, exercise any of the prerogatives stated in the herein General terms and conditions, this shall in no case be interpreted as an express or tacit renunciation to its right to exercise the aforementioned prerogatives in the future.
Besides, the acknowledgement of the invalidity of a clause shall not affect the validity of the rest of the agreement or of any other clause.
In case of contradiction with one of the provisions stated in the herein General terms and conditions or in the Legal Notices, or with any other information mentioned on the Website, the herein General terms and conditions shall always prevail.
Article 18 – Applicable Law
The herein General terms and conditions, appendices and any document or content published on the Website are subject to French Law.
