Terms and Conditions of Sale

The present general terms of sale are concluded between:

– On one hand: the SARL COVERDEAU with a capital of €10,000 registered in the Bordeaux trade and companies register under the RCS number 829 951 276, whose head office is located at: BUREAU DU LAC II – IMM P, RUE ROBERT CAUMONT, 33049 BORDEAUX CEDEX hereinafter referred to as ‘the seller’ as the owner and administrator of the website www.coverdeau.com

AND

– On the other hand: any natural or legal person wishing to make a purchase through the website www.coverdeau.com hereinafter referred to as ‘the buyer’

1 – OBJECT

The present general terms of sale aim to:

• Inform the buyer about the terms and conditions of sale and delivery of the products listed on the website www.coverdeau.com

• Contractualize the rights and obligations of each party following a purchase on the website

By validating their order, the buyer accepts and agrees without any reservation to these sales conditions.

The seller reserves the right to review and modify these present conditions. However, the version of the general terms of sale applicable at the time of an order is the one online at the date and time when the order is validated by the buyer.

2 – PRODUCTS AND SERVICES

The products and services concerned are those listed in the catalog made available online by the seller.

If a product is unavailable in the seller’s stock and is removed from sale by a supplier, the seller engages to provide the buyer with a product of equivalent quality and price, or, at the buyer’s request, may also refund the amounts paid and cancel the order.

The photographs and layouts of the products are those provided by the manufacturer and are given as an indication by the manufacturer or supplier of the product; in no case can the seller be held responsible in case of an error. The product photographs are as representative as possible but cannot ensure perfect resemblance. Visual photos and descriptions do not therefore constitute a contractual commitment as they are subject to changes without notice from the suppliers.

3 – AVAILABILITY OF PRODUCTS

The products offered on the website are generally in stock and will be shipped within a period of 1 to 7 days.

In the case of unavailability of one or more products in an order, the seller agrees to communicate by email the restocking time announced by their supplier.

Thus, the buyer may or may not confirm their order; if they decide to maintain it, a partial shipment may be made**, the remaining items will either be delivered later, replaced, or refunded in full. In any case, if the buyer chooses to cancel the order, there will be no charge. (**) : a partial delivery may be offered if the total amount of the order is greater than €100 including VAT, for mainland France only (excluding Corsica); except for heavy and/or bulky items.

If the buyer opts for a refund, the seller will execute the refund of the amounts paid by the buyer as soon as possible and no later than within 72 hours.

4 – PRICES

4.1 Product Prices

The prices of the products displayed on the site are expressed in Euros and include all taxes applicable on the day of the order.

The price applicable to a product is exclusively that shown on the product sheet; if a price were to be different in a newsletter, on a site other than www.moustiquaire-storeutre site, it is the price on the product sheet that prevails. The price of the products displayed does not include delivery costs.

The applicable price is that corresponding to the date of validation of the order by the customer.

4.2 Transport costs

A contribution to transport costs is requested for all deliveries costing less than €449 including VAT. The transport rate will vary according to the carrier chosen and the type of product ordered: it will however be displayed on the order form.

PLEASE NOTE: this carriage-free rate does not apply to deliveries outside mainland France or to products whose size requires the use of a specific carrier. It will also not apply to customers with a ‘PRO’ account.

4.3 Customs clearance fees & local taxes

In the case of shipment outside the territory of Metropolitan France (including Corsica), customs clearance fees and local taxes may be applied to the delivery of the order or part of the order. These additional charges are calculated and invoiced locally by the customs or administrative services of the country of delivery selected by the buyer. These additional costs issued and invoiced by the customs or administrative services, which are beyond the control of the seller, are – if there are any – to be borne by the buyer.

4.4 Rate variations

Some prices will be different for a limited period during commercial promotions. Other prices may also change over time as a result of revisions to the seller’s pricing policy or negotiations with suppliers.

Under no circumstances may these variations lead to a refund of an order or a product validated outside the promotional period, for example.

5 – ORDERS

5.1 Buyer’s capacity

The purchaser places his/her order on the site according to the process in force on the website.

Only persons with the legal capacity to contract are authorised to validate an order on the site.

5.2 Buyer registration

Any buyer wishing to purchase a product or service via the website for the first time must register as a customer of the website. They must therefore agree to provide the following information:

• Full name
• postal address
• E-mail address
• Telephone number

5.3 Placing an order

In order to place an order correctly, the purchaser must select the product(s) and service(s) by qualifying his/her choice as much as possible, for example: reference, dimensions, colour, etc.

They must also indicate the method of payment they intend to use to pay for their order and provide as precise a delivery address as possible (building, floor, access code, contact for reception, etc.) together with a telephone number which will be given to the carrier so that an appointment can be made if necessary.

5.4 Validation of the order

Validation of the order implies the buyer’s acceptance of these general terms and conditions of sale and validates the fact that he/she is legally capable of entering into a contract.

After checking the information on the order form (total amount, addresses, etc.) and correcting any errors, the order form must be validated:

• by validating the secure payment by credit card via the virtual payment terminal
• by validating using one of the other payment methods available (PayPal, bank transfer, postal order, etc.)

6 – PAYMENTS

To pay for his/her order, the buyer has the following means of payment:

• By credit card via a remote virtual payment terminal secured in SSL mode by STRIPE

• By PayPal via the secure PayPal payment interface

• By bank transfer (the bank details will be specified when choosing this method of payment)

• By administrative mandate

In the case of payment by credit card, the amount is debited immediately.

In the case of payment by bank transfer or postal order, once we have received the transfer to our bank account or the payment agreement from your third-party organisation, we will send you your parcel.

In the case of a partial shipment with outstanding balance(s) at the customer’s request, the full amount of the order will be debited. Only one debit can be made per transaction.

The seller reserves the right to cancel or suspend any order in the event of non-payment of all or part of the sums due to the seller.

IMPORTANT: When paying by card via the virtual terminal, no bank details are transmitted to the seller and are therefore not stored or saved by the seller.

7 – TRANSFER OF OWNERSHIP

The goods remain the property of the seller until they have been paid for in full by the buyer.

8 – DELIVERY

The order will be delivered to the delivery address specified when the order was placed. The transport risk of the goods is assumed by the purchaser from the moment they leave the vendor’s warehouse.

IMPORTANT: The buyer is strongly advised to unpack and check the condition of the product(s) in the presence of the carrier, in order to establish precise reservations indicating the damage observed, or to refuse the parcel if the goods have been damaged. Otherwise, the insurance will not be valid and no exchange or partial or total refund will be made. The seller advises the recipient to keep the delivery note carefully, particularly if any reservations are made. It must be requested in the event of damage to the goods attributable to transport.

In the event of reservations concerning the delivery of one or more packages, the buyer must send a registered letter with acknowledgement of receipt within 72 hours of the delivery date. This letter must specify the reason and the reservations made.

Transport times from the seller’s premises to Metropolitan France (including Corsica) and their rates are as follows:

• By Mondial Relay: 3 to 4 working days for small orders weighing less than 30 kg. The rate for this service is between €3.60 excluding VAT and €29.99 excluding VAT, depending on the weight of the order.

• By La Poste: 3 to 7 working days for small orders weighing less than 30 kg. The rate for this service is between €2.75 excluding VAT and €9.99 excluding VAT, depending on the weight of the order.

• By Colissimo to your home: 48 to 72 working hours for small orders weighing less than 30 kg. The price for this service is between €4.95 excluding VAT and €49.99 excluding VAT, depending on the weight of the order and the delivery method.

• Chronopost: 24 to 48 working hours for small orders weighing less than 20 kg. The rate for this service is €14.90 excluding VAT to €49.99 excluding VAT.

The seller reserves the right to modify the delivery method selected in the event of incompatibility between the parcel(s) prepared and the standards of the carrier initially chosen by the purchaser when the order was placed. In this case, the purchaser will receive an e-mail from the carrier indicating that the package(s) will be picked up and transported.

9 – WARRANTIES & SERVICE

In accordance with the legal provisions in force, the products benefit from a legal guarantee under the terms of the Consumer Code.

As stipulated in the French Civil Code, each product sold also benefits from a legal guarantee against defects and hidden faults that would render the product unfit for consumption.

ATTENTION, no guarantee will be applied in the event of misuse of the product, modification not expressly approved by the seller (in writing), or external intervention by persons not approved by the manufacturer.

IMPORTANT: any return must first be agreed with the seller of the product. After contacting the product returns department (contact details at the bottom of this document), the product will be given a returns number and the purchaser will receive a product returns slip which must be enclosed with the return. The cost of the return will be borne by the purchaser.

If the returned product proves to be faultless and in perfect working order, handling and labour charges may be applied. In this case, reshipment costs will also be charged.

Any product returned without this agreement and this return form will be refused by the seller and sent back to the buyer.

10 – RETRACTION & PRODUCT RETURNS

10.1 Right of withdrawal

The buyer has 14 clear days (instead of 14 days in accordance with article L 121-20 of the Consumer Code) from the date of receipt of the product to return the products ordered to the seller.

All product returns following a right of withdrawal will be at the buyer’s expense, and must scrupulously comply with the following principles:

• be in perfect condition for resale
• Be returned in its original packaging in perfect condition and with all the parts supplied with the product (instructions, accessories, etc.)
• Follow the returns procedure described below

PLEASE NOTE: in accordance with article L121-20-2 of the French Consumer Code, the right of withdrawal does not apply to the following products or services:

• Specific products very clearly personalised by the buyer (customised dimensions, special colours, engraving, etc.).

IMPORTANT: No return of a product in exercise of the right of withdrawal will be accepted if it does not comply with these conditions. This is why the seller strongly urges the buyer to take the product out of the packaging with the greatest care and to keep the packaging. If the packaging is damaged, a discount of up to 10% of the new value of the product, including taxes, may be applied to the credit note or refund of the product.

10.2 Product return procedure

Products may be returned if they present a lack of conformity, the presence of a defect or in the exercise of a right of withdrawal.

Products must be returned to the product returns department, whose contact details can be found at the end of these general terms and conditions of sale.

When exercising the right of withdrawal, the cost of returning the goods is borne by the purchaser, who must specify whether he/she would like an exchange of the product, a credit note to be used on the website catalogue or a refund.

A request for the return of a product may be made in advance by the purchaser, specifying whether he/she would like a credit note to be used on the website, a refund or a product exchange. The aim of this procedure is to process the request more quickly.

11 – LIABILITY

The seller is bound by an obligation of means and is responsible for the proper execution of the order. However, the seller may under no circumstances be held responsible for the partial or total non-execution of the order in the event of force majeure, a cause attributable to the buyer or one or more unforeseeable and insurmountable events.

The seller may not under any circumstances be held liable in the event of misuse of a product or service by the buyer.

IMPORTANT: In the event of incompatibility of the product or equipment, the seller cannot be held responsible and no compensation or reimbursement can be made other than by exercising the right of withdrawal.

In all cases, the seller’s liability shall be limited to the amount of the order, inclusive of all taxes.

12 – PERSONAL DATA

In accordance with the regulations in force, and in particular the French Data Protection Act of 6 January 1978, customers are informed that some of their personal data is required to process orders placed on the website.

The seller reserves the right to collect and disclose certain information to its commercial partners.

Of course, the purchaser or any other person who has communicated personal information to the seller has the right to rectify or access this information and may oppose its disclosure.

At any time, a request for modification or deletion of this data may be made by writing by e-mail or post to the seller’s customer service department, whose contact details are given at the bottom of these general conditions of sale.

13 – INTELLECTUAL PROPERTY

The www.coverdeau.com website and all the elements contained therein are and remain the property of the seller.

Any partial or total reproduction by the buyer or any other person is not authorised.

Any link to the website (simple or hypertext) is not authorised without the express written agreement of the seller.

14 – ARCHIVING AND PROOF

The seller will keep a copy of order forms and invoices on a reliable medium in accordance with the provisions of the French Civil Code.

These elements may be considered as proof in the event of a dispute between the parties to this contract.

15 – DISPUTES, MEDIATION, APPLICABLE LAW AND JURISDICTION

15.1 Meditation Service

In the event of a dispute between the professional and the consumer, they will endeavour to find an amicable solution.

If an amicable agreement cannot be reached, the consumer may refer the matter free of charge to the consumer mediator to which the professional belongs, i.e. the Association of European Mediators (AME CONSO), within a period of one year from the date of the written complaint sent to the professional.

Referral to the Consumer Ombudsman must be made :

• either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com ;
• or by post addressed to AME CONSO, 11 Place Dauphine – 75001 PARIS.

15.2 Applicable law and jurisdiction

These general terms and conditions of sale are governed by French law.

Any dispute relating to the interpretation, performance or breach of contract shall be submitted to the competent court under the conditions imposed by common law.

SELLER’S CONTACT DETAILS

Product return service managed by SARL COVERDEAU (owner and manager of the website):

• Postal address: BUREAU DU LAC II – IMM P, RUE ROBERT CAUMONT, 33049 BORDEAUX CEDEX
• E-mail address: moc.uaedrevocobfsctd-27649b@tcatnoc

Customer service managed by SARL COVERDEAU (owner and manager of the website):

• Postal address: BUREAU DU LAC II – IMM P, RUE ROBERT CAUMONT, 33049 BORDEAUX CEDEX
• E-mail address: moc.uaedrevocobfsctd-4b3d23@tcatnoc

Contact can also be made via the website https://www.coverdeau.com/nous-contacter

General Terms and Conditions of Sale : Version at 29/03/2024