ARTICLE 1 - SCOPE OF APPLICATION
These General Terms and Conditions of Sale apply without restriction or reservation to all sales concluded by non-professional buyers (hereinafter referred to as the "Customer") on the website www.lestouristes.fr (the "Site"). The products (hereinafter referred to as the "Products") are presented on the Site by Les Touristes SAS, with a capital of €4,000, whose registered office is located in Revigny sur Ornain (55 800) - 2 rue des Chanoines, registered in the Bar le Duc Trade and Companies Register under number 443 021 274 and whose intra-community VAT number is FR 01 443 021 274. These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to professionals and all other distribution and marketing channels.
ARTICLE 2 - PRODUCTS
Les Touristes SAS ensures, within the framework of an obligation of means, that all products have been correctly described in their respective product sheets. However, it is specified that the weights, measures and sizes indicated are only approximate and may vary slightly depending on the reference. Furthermore, Les Touristes SAS does not guarantee the accuracy of the actual colours of the products, as the colours that the Customer perceives depend on the computer screen used and the display configurations chosen.
ARTICLE 3 - PRICES
The prices and offers presented on the Website include value added tax ("VAT") and are valid only for orders placed online on the Website by individual customers. Prices are quoted in Euros. Delivery costs are indicated to the Customer at the time of finalising the order in addition to the price of the products selected.
Les Touristes SAS reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time of validation of the order by the Customer. These prices and offers are independent of the prices and offers available from retailers. Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne and are the sole responsibility of the Customer.
ARTICLE 4 - CONFORMITY
The photos are provided for illustrative purposes and are not contractual. The Customer is invited to refer to the description of each Product to know its precise characteristics. In case of doubt, or to obtain additional information, it is possible to contact the Customer Service via the website www.lestouristes.fr or by post at the following address Les Touristes SAS - 2 rue des Chanoines - 55 800 Revigny sur Ornain. Les Touristes SAS is liable for defects in the conformity of the contractual goods under the conditions of Article L 217-4 et seq. of the French Consumer Code and for hidden defects in the item sold under the conditions set out in Articles 1641 et seq. of the French Civil Code.
- When acting under the legal guarantee of conformity, the consumer has a period of two years from the date of delivery of the goods in which to take action and may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L.217-9 of the Consumer Code.
- The consumer is exempted from proving the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods. For goods sold second-hand, this period is set at six months.
-The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
-The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
Les Touristes SAS undertakes to reimburse the Customer or to exchange Products that appear to be defective, damaged or that do not correspond to the order. In this case, the Customer must report the situation in writing and in detail to the Customer Service Department by e-mail to the address mentioned above. In any case, the Customer benefits from the legal guarantees of conformity and hidden defects, in accordance with the legal provisions in force: Reminder of articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and articles 1641 and 1648, first paragraph, of the Civil Code: Article L.217-4: The seller is obliged to deliver a good that conforms to the contract and is responsible for any defects in conformity that exist at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility. Article L.217-5: To be in conformity with the contract, the goods must: 1° Be fit for the use usually expected of similar goods and, where applicable : - correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; - have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling; 2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by him. Article L.217-12: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. Article 1641: The seller is bound by the warranty for hidden defects in the thing sold which make it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price for it, if he had known about them. Article 1648 of the Civil Code, first paragraph: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. Guarantor of conformity: Les Touristes SAS - 2 rue des Chanoines - Revigny sur Ornain (55 800).
ARTICLE 5 - ORDERS
Any order implies prior knowledge and unreserved acceptance of the present General Terms and Conditions of Sale and of all the information and details referred to in articles L111-1 to L111-7 of the French Consumer Code. The costs of connection and access to the Internet shall be borne by the Customer. The Customer undertakes to provide accurate information.
5.2 Payment method
To place your order, it is imperative that you place and pay for your order via the Internet on our website www.lestouristes.fr. The available means of payment are the following: bank cards (Visa, MasterCard, American Express, other blue cards), Paypal. Les Touristes SAS reserves the right to propose new means of payment. The sales contract is only deemed to have been concluded when the consumer's account is debited for the payment cards and other means offered by the website www.lestouristes.fr. Les Touristes SAS reserves the right not to collect a payment and therefore not to confirm an order for any reason whatsoever, in particular due to a product supply problem, a problem concerning the order received, an abnormal order or a foreseeable problem concerning the delivery to be carried out (e.g.: outside the delivery zone).
5.3 The Consumer or "user
The consumer expressly declares that he/she has all the necessary authorisations to use the method of payment that he/she has chosen when validating his/her order. He also undertakes to ensure his solvency before any order, failing which the company Les Touristes SAS will be able to proceed with the delivery of the products ordered. The company Les Touristes SAS also reserves the right to suspend or cancel any order or delivery in the event of refusal to issue a payment authorisation from the financial organisations questioned according to the method of payment chosen by the consumer. Similarly, it reserves the right to refuse to accept an order or make a delivery from a Customer with whom there is a dispute relating to the payment of a previous order. The consumer is also advised that Les Touristes SAS may analyse and/or verify orders placed in order to combat fraud, and in this context reserves the right to ask the consumer for any proof that it deems useful. At the end of this procedure, it reserves the right to suspend or cancel any order or delivery, even in the case of payment authorisation issued by the financial organisations concerned, in cases where this analysis and/or these checks suggest that the said order has been placed in fraud of the rights of a third party. Furthermore, it shall not be held liable in the event of any misappropriation or fraudulent use of any means of payment that has not been detected by this analysis and/or verification procedure.
ARTICLE 6 - DELIVERY
The delivery times indicated are in working days. The Products are delivered to the delivery address indicated by the Customer at the time of the order. Les Touristes SAS has chosen GLS for the delivery. Les Touristes SAS reserves the right to offer new means of payment.
Unless otherwise indicated, Les Touristes SAS delivers the Products in Metropolitan France, countries of the European Economic Area, Switzerland and England. The delivery rates are indicated on the website at the time of placing the order. Les Touristes SAS reserves the right to cancel or refuse any order involving delivery to an address outside this territory. The Products ordered may be the subject of one or more separate deliveries. Les Touristes SAS declines all responsibility for delays in delivery in the event of force majeure as defined by the Civil Code or if the Customer has indicated an incomplete or erroneous address, is absent at the time of delivery, or has not collected his parcel from the post office or the point of sale indicated within the time limit set for this purpose. Les Touristes SAS undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits that may be indicated. However, these deadlines that may be communicated are given as an indication. If the Products ordered have not been delivered within a period of 20 days after the conclusion of the contract, for any other reason than force majeure or the fact of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in articles L.216-2 and L.216-3 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest in the 14 days which follow the date of denunciation of the contract, with the exclusion of any compensation or deduction. Upon receipt of the order, the Customer shall check the conformity of the products received. Any reservation or claim for apparent defects of the products delivered (for example, damaged package already opened, etc.), with all the related supporting documents (in particular photos) must imperatively be notified, on the day of receipt or at the latest 7 days following receipt (not including public holidays), to the registered office of Les Touristes SAS, by registered mail. After this period and if the Customer fails to comply with these formalities, the Products shall be deemed to be in conformity and free of any apparent defect and no claim may be validly accepted by Les Touristes SAS. Les Touristes SAS will reimburse or replace, as soon as possible and at its own expense, the delivered products whose apparent defects have been duly proven by the Customer. After an initial exchange or a request for a credit note, it will no longer be possible to obtain a refund of the order.
ARTICLE 7 - TRANSFER OF OWNERSHIP - TRANSFER OF RISKS
The transfer of ownership of the Products from Les Touristes SAS to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products. Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto shall only be realised at the time when the Customer takes physical possession of the Products.
ARTICLE 8 - RETRACTION AND RETURNS
In application of articles L.221-18 and following of the French Consumer Code, the Customer has a period of 14 days from the date of delivery of the order to return any new and unworn product, in its original packaging and in perfect condition (allowing the Product to be marketed again), in order to request a refund without penalty. For a better follow-up, we invite the Customer to make a prior request for return online by contacting the After-Sales Service via the website www.lestouristes.fr. He may also make his withdrawal by any other unambiguous statement, the burden of proof being on him. The consumer shall return or restitute the goods to the professional, without undue delay and, at the latest, within fourteen days following his communication (postmark being proof). Les Touristes SAS shall reimburse the Customer within 14 working days following receipt and verification of the return package, it being specified that the return costs shall be borne by the Customer.
ARTICLE 9 - INTELLECTUAL PROPERTY
The content of the Site, all illustrations, images, characters, modes of presentation, graphics, characters of the Site are and remain the exclusive property of Les Touristes SAS and its partners and are protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
ARTICLE 10 - PARTIAL INVALIDITY
If any of the clauses of these General Terms and Conditions of Sale should become null and void or unenforceable, the remainder of these General Terms and Conditions of Sale shall remain in force, unless the invalidated obligation is an essential obligation whose removal or cancellation would prevent the continuation of these General Terms and Conditions of Sale in their entirety.
ARTICLE 11 - TOLERANCE
The fact that Les Touristes SAS refrains from demanding the execution of any of the clauses of these General Terms and Conditions of Sale or from exercising any right recognised by these General Terms and Conditions of Sale, shall in no case be considered as a definitive renunciation of this right, nor shall it prevent it from subsequently pursuing the execution of this right, regardless of the duration of this abstention.
ARTICLE 12 - APPLICABLE LAW AND LANGUAGE
These General Terms and Conditions of Sale and the operations arising from them are governed by and subject to French law. These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 13 - COMPETENT JURISDICTION
All disputes to which the purchase and sale operations concluded in application of these general terms and conditions of sale could give rise, concerning both their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not be resolved between Les Touristes SAS and the Customer, shall be submitted to the competent courts under the conditions of common law. The Customer is informed that he/she may in any case have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (art. L 534-7 of the French Consumer Code) or with the existing sectoral mediation bodies, or to any alternative method of dispute resolution in the event of a dispute in accordance with article L. 612-1 of the French Consumer Code.