Any online purchase made on the website www.reperestore.myshopify.com is subject to the knowledge of these General Conditions of Use and Sale and implies their acceptance without reservations.
Site: website edited by Jordan Mourjan & Boris Cornilleau at www.reperestore.myshopify.com.
Article: Product of any kind offered for sale on the Site.
Customer: non-commercial natural person with full legal capacity, placing the Order.
Order: commitment to purchase the Item or all the Items selected by the Customer via the Site.
These General Conditions of Use and Sale, hereinafter "CGUV", apply exclusively, without reservations or restrictions, for any order, between any Customer and Messrs. Jordan Mourjan & Boris Cornilleau whose head office of the simplified joint stock company is located at 12 rue du Moutier, 93300 Aubervilliers, SIRET: 921969507 00018, hereinafter “Repère Store”.
The validation of an Order following the order procedure in force on the Site implies acceptance of the prices and the CGUV. These T&Cs prevail over any other document.
3. Characteristics of the articles
The Items available for sale are those which appear on the Site within the limits of available stocks. The offers are valid as long as they are visible on the Site and the Customer can add the Item to his basket. Repère Store reserves the right to withdraw from sale, at any time and without notice, any Article present on the Site and/or to replace or modify any information associated with the Articles appearing on this Site.
In the event of the unavailability of an Article, after placing his Order, the Customer is informed by email, his order then being automatically cancelled.
The characteristics of the Articles (photographs, size guides, graphics, descriptions of the Articles, etc.) are given for information only and may vary over time. Only the visual of the Article displayed at the time of the Order must be taken into account by the Customer. The characteristics and visuals are non-contractual.
In the event of errors or omissions relating to the description of an Article , Repère Store's liability is limited to the reimbursement of the standard return costs (postage rate) of the Article incurred by the Customer.
4. Ordering items
The Customer declares to be at least 18 years old and to have the legal capacity, or if he is a minor, guarantees to be the holder of parental authorization to place his Order. To place an Order, the Customer must follow the online purchase process and click on "Order" to submit the Order. The validation of the Order by the Customer constitutes confirmation of acceptance of the CGUV, the content of the Order, its price and the associated costs.
All Orders are subject to prior acceptance by Repère Store.
Repère Store reserves the right to cancel, delete and refund any order qualified as abusive following too many returns or containing too many items ordered.
5. Price of items
The prices are indicated on the Site in euros, all taxes included (TTC), excluding participation in processing and shipping costs. They take into account the VAT and any reductions applicable on the day of the Order.
The prices of the Products are exclusive of delivery costs (shipping, packaging and making up the package according to the amounts in force).
The amount of shipping costs is specified on the Site before validation of the Order.
Repère Store reserves the right to modify the prices of the Articles at any time, the Articles being invoiced on the basis of the prices in force at the time of the validation of each Order. The price of the Items invoiced is therefore that indicated at the time of the Order. Concerning sales outside the European Union, it is expressly reminded that the costs of customs clearance, the payment of various duties or taxes are the responsibility of the Customer, Repère Store cannot be held responsible for them.
6. Payment of the order
The Order is payable immediately by credit card (CB, Visa, MasterCard), or Paypal.
Regarding sales outside the European Union, it is recalled that customs clearance costs, payment of various duties or taxes are the responsibility of the Customer. Transactions carried out on the Site are secure for the entry of payment data: card number, expiry date and visual cryptogram.
7. Terms of delivery
The Customer will receive an Order number by e-mail confirming that he has been properly taken care of and will be informed of the various stages of his Order by e-mail (to the e-mail address provided by the latter). The Items ordered will be delivered within a period defined when the order is finalized, without however being able to exceed thirty days from the registration of the Order, subject to full payment of the price. The Customer is offered several delivery methods chosen by the Customer and at the Customer's expense. The standard shipping costs, for France, amount to 10 euros including tax and are free from the 200th order . The Customer is informed that it is his responsibility to provide the details necessary for the proper delivery of his Order (access code, apartment, etc., for example).
If the delivery address provided by the Customer is not valid and therefore results in a return of the package for non-receipt at the address indicated, the costs of reshipping the package to the new address provided will be borne by the Customer. A delivery note is included in the package, summarizing the items ordered and actually delivered. The Customer fully and exclusively assumes the risks relating to the Items from the time of their delivery.
8. Delivery times
The Items are delivered to the delivery address indicated by the Customer when placing the Order no later than the date indicated when placing the Order, depending on the country of delivery. Each delivery is deemed to have been made as soon as the package is made available to the Customer. Repère Store cannot be held responsible for late delivery due to unavailability of the Customer.
9. Return - Right of withdrawal
In the event of the delivery of an Item that does not correspond to the Customer's Order, the Customer may return the said Item to Repère Store by following the procedure set out below. The Customer has the right to cancel his order at any time within 14 calendar days following the date on which he received the products and this without having to justify reasons or pay penalties. Beyond this period, the sale is considered firm and therefore final. If the Customer wishes to use his right of withdrawal, he must contact customer service at email@example.com and follow the instructions given to him.
The Item(s) must imperatively be returned properly protected, in their original packaging (carefully opened packaging will not be considered damaged packaging) and in perfect condition for resale (undamaged, undamaged, unused, soiled or washed by the Customer). After checking the returned Items, Repère Store undertakes to reimburse the Customer for all the sums paid for his Order. Return costs are the responsibility of the customer .
Repère Store undertakes to reimburse the Customer using the same method of payment as that used to pay for the Order. If it has expired, Repère Store will only issue a credit note for the amount of the returned item(s), or the entire Order if it is fully returned. No refund will be made to another account or to another means of payment than that used for the Order.
In accordance with the legal provisions in force, the Customer benefits from the legal guarantee of conformity against defects of conformity existing at the time of delivery and the legal guarantee against defects or hidden defects of the Products sold. The Customer must notify the carrier and Repère Store of any reservations about the Products delivered. Any claim on the Products, in particular in the event of a defective, damaged, non-compliant Product or apparent defect, must be notified by the Customer to Repère Store without delay by e-mail to the contact details appearing on the Site, specifying the Product(s) ( s) concerned, the nature and type of defect. It is the Customer's responsibility to provide all the supporting evidence on the reality of the defect found. Repère Store may request one or more photos of the Product. In the event of a return accepted by Repère Store , in particular in the event of a lack of conformity, the Customer will have the choice between repairing the Article if possible, refunding or replacing the Article with an equivalent Article offered by Repère Store .
In accordance with the provisions of the Consumer Code, Repère Store may not proceed according to the Customer's choice (repair or replacement) if this choice entails a manifestly disproportionate cost with regard to the other modality, taking into account the value of the Product or the importance of the defect. If repair and replacement are impossible, the Customer may return the Product and have the price refunded or keep the Product and have part of the price refunded. The liability of Repère Store and the guarantee are excluded in the event of a defect resulting from the use of the Article by the Customer and in particular from abnormal use, poor maintenance or non-compliance with the maintenance conditions.
Reminder of the applicable legal provisions:
Art. L. 211-4 of the Consumer Code: “The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing upon delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
Art. L. 211-5 of the Consumer Code: "To comply with the contract, the good must: 1° Be suitable for the use usually expected of a similar good and, where applicable: a) correspond to the description given by the seller and possess the qualities that the latter has presented to the Customer in the form of a sample or model; b) present the qualities that a Customer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labelling. 2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the customer, brought to the attention of the seller and which the latter has accepted. »
Art. L. 211-7 of the Consumer Code: “Faults of conformity which appear within six months of delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. »
Art. L. 211-7 of the Consumer Code: “If the repair and replacement of the goods are impossible, the buyer can return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him:
1° If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is looking for. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor. »
Art. L.211-12. of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
Art. 1641 of the Civil Code: "The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the Customer would not have acquired, or would have given only a lesser price, if he had known them. »
Art. 1648 paragraph 1 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
11. Convention on evidence
The Customer acknowledges and accepts that the Order registration systems provide proof of all transactions between Repère Store and the Customer.
Repère Store reserves the right to modify the information on the Site at any time and without notice.
Repère Store undertakes to describe with the greatest accuracy the Articles marketed on the Site and to ensure, under the best possible conditions, the updating of the information which is disseminated there. However, Repère Store cannot guarantee the accuracy, precision or completeness of the information made available to Customers on the Site. In the event of non-substantial differences between the presentation photos of the Articles on the Site, texts and illustrations and the Articles ordered, Repère Store cannot be held liable.
Repère Store cannot be held liable in the event of a breach of one of its contractual obligations resulting from a fortuitous event or a case of force majeure as defined by the case law rendered by the French courts.
Notably Repère Store will not be held responsible for any non-performance or delay in the execution of Orders, caused by events beyond its control (“Cases of Force Majeure”).
13. Intellectual Property
The Site and its elements, such as photographs, visuals and texts, are intellectual works protected by the Intellectual Property Code. Any reproduction, copy, imitation, modification, adaptation or public representation, even partial, is prohibited and constitutes an infringement. Any creation of hypertext links to the home page of the Site, or any other page of the Site, is strictly prohibited and subject to the prior written consent of Repère Store.
14. Protection of personal data
The Buyer is informed that, during his navigation and within the framework of the Order, personal data concerning him are collected and processed by Repère Store. This processing is the subject of a declaration to the Commission Nationale Informatique et Libertés pursuant to Law No. 78-17 of January 6, 1978. The Buyer is informed that his data:
- are collected in a fair and lawful manner,
- are collected for specified, explicit and legitimate purposes
- will not be further processed in a manner incompatible with these purposes
- are adequate, relevant and not excessive with regard to the purposes for which they are collected and their subsequent processing
- are accurate and complete
- are kept in a form allowing the identification of the persons concerned for a period which does not exceed the period necessary for the purposes for which they are collected and processed.
Repère Store also undertakes to take all useful precautions to preserve the security of the data, and in particular that they are distorted, damaged or that unauthorized third parties have access to them. This data is used to process the Order as well as to improve and personalize the services offered by Repère Store. They are not intended to be transmitted to third parties. The Buyer has the right to object to the processing of personal data concerning him and to the use of this data for prospecting purposes, in particular commercial. The Buyer may question Repère Store in order to obtain confirmation that personal data concerning him is or is not the subject of this processing, information relating to the purposes of the processing, the categories of personal data processed and to the recipients or categories of recipients to whom the data are communicated, the communication of the personal data concerning him as well as any information available as to the origin of the same. The Purchaser may also require Repère Store to rectify, complete, update, lock or delete any personal data concerning which is inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication or storage is prohibited. In order to exercise this right, the Buyer will send an email to Repère Store in its capacity as data controller, at the following address: firstname.lastname@example.org
16. Modification of the T&Cs
Repère Store reserves the right to modify these T&Cs at any time. The new GCUS will, where applicable, be brought to the attention of the Customer by online modification and will only be applicable to sales made after the modification.
17. Applicable law
These T&Cs are subject to French law. Any dispute will fall under the exclusive jurisdiction of the court of Bobigny, in the absence of prior amicable agreement between the Customer and Repère Store.
For the settlement of disputes, the Customer is asked to send a written complaint to email@example.com.
If the customer is not satisfied after one month, he can contact the MEDICYS mediation service simply and free of charge electronically by filing his file on www.medicys-consommation.fr, or by simple mail (by attaching email, telephone and the written complaint) to: Concord - 73, Boulevard de Clichy - 75009 Paris.
18. Partial invalidity
If one or more provisions of these GCUS should be declared invalid pursuant to a law, a regulation or following a final court decision, the other stipulations will retain their full force and scope.
No silence or delay, no tolerance or inaction by Repère Store may be interpreted as a waiver of its rights under the terms of the CGUV.