General terms for online sales
Site Internet : www.redline-boutique.com
TITRE I – Parties
Between the undersigned:
1 ° CREADDICT, a French Limited liability company with share capital of € 50 000, registered with the Trade and Companies Register of Paris under No. 480 342 377, having its head office 161, rue Saint-Honoré, 75001 Paris, France.
Herein after referred to as the "Seller", On the one hand,
2 ° The natural person
Using, reading, booking, reserving and/or buying a product or a service offered on the website of the Seller. Hereinafter referred to as the "Customer", On the other hand It is agreed as follows :
TITLE II – Presentation
These General Terms and Conditions apply, without limitation or qualification, to all sales between the Seller and the Customer.
These conditions concern only the Customers, non-commercial individuals thus acquiring goods for their personal use and not for the possible exercise of a professional activity.
The parties agree that their relationship will be exclusively governed by the present contract, excluding any condition previously available on the Site.
Consequently, by placing an order the Customer implies the complete compliance with these conditions without any qualification.
If the Seller does not, at any moment, take advantage of any conditions of the present conditions, this should not be interpreted as a renunciation to take advantage of this condition at a later date.
General terms of sale were updated on 03/03/2015. This edition supersedes all previous versions.
TITLE III – Conventions
Article 1 - Definitions
1.1. - Seller means the CREADDICT, a French limited liability company, with share capital of € 50 000, registered with the Trade and Commerce Register of Paris under the number 480 342 377, whose head office is located 161, rue Saint-Honoré, 75001 Paris, France.
1.2. - Customer means every user who navigates, reads, reserves, orders and/or buys a product or a service offered on the Site.
1.3. - Product means every product offered on the Site.
1.4. - Service means any service offer offered on the Site.
1.5. - Site or Website means the infrastructure developed by the Seller according to the computing formats used on the Internet including data of various natures, in particular texts, sounds fixed or moving images, videos, databases, intended to be accessed by the Customer about the products and services (www.redline-boutique.com ).
1.6. - Internet means different network servers located in various locations around the world, linked together using communication networks, and communicating with a specific protocol known as TCP / IP.
Article 2 Order
The Customer can place an order in our online shop from the online catalog available on the Website.
The order can only be registered on the Site if the Customer is clearly identified by entering a client code and password that are strictly personal to him/her.
The Customer who wishes to buy a product must create a customer account while ordering his/her first command.
Any order implies acceptance of prices and descriptions of products offered for sale.
The Seller undertakes to fulfill orders received on the website only within the limits of available stocks of products. If the products are unavailable, the Seller undertakes to inform the Customer about it as soon as possible.
The cancellation of the product order and its potential refund will be made.
The Seller agrees to provide to the Customer, by e-mail, the receipt confirmation of the order including:
- A summary of Products,
- Prices of the Products,
- delivery quantities,
- the date and the hour of the order
- the date or period during which the Seller agrees to deliver the Product ,
- the delivery fees,
- the method of payment chosen by the Customer,
- the mention according to which the Customer is entitled to a withdrawal period.
The Customer must verify as soon as possible the contents of the confirmation and report immediately to the Seller any errors or omissions.
Failure to respond to the receipt confirmation of the order implies its acceptance and its terms (reference, quantity, price, etc ...) by the Customer.
Article 3. Validity of the order
Each Customer of the Website who does not have a customer number will have to follow a procedure of registration allowing the Customer to obtain the aforementioned customer's number.
This number is personal. Any loss or forgetting must be promptly reported to the Seller, by contacting the Seller customer service or by completing the specific form provided on the Website.
In all cases, the online communication of the credit card number and the confirmation of the order and its payment shall constitutive proof of the whole order, in accordance with the provisions of French Law n ° 2000-230 of March 13th, 2000 regarding the law of evidence in information technology and on the electronic signature, and will cause the sums incurred for the order to become due and payable. This confirmation shall be constitute signature and acceptance of all transactions made on the Website.
However, in case of fraudulent use of User’s credit card, the customer is required, upon the finding of such use, to contact the customer service of the Seller by calling the following phone number: 01 44 64 92 24 or by contacting the Seller by e-mail at [email protected]
It is expressly agreed that, except in case of Seller manifest error, the data stored in the Seller‘s computer systems, under reasonable safety conditions, have probative force for orders placed by the Customer. Data stored on a computer or an electronic device, is a valid evidence and as such, is admissible under the same conditions and with the same force as any document created, received or kept in writing.
The filing of purchase orders and invoices is made on reliable and long lasting supports in order to provide a true and long lasting copy in compliance with article 1348 of the civil code.
Article 4. Delivery and return
The Customer must choose the place of delivery. The Customer must indicate precisely his/her address and ZIP code without any abbreviations.
If the delivery address provided by the Customer is invalid and thus induces a return of the parcel for non - receipt at the address indicated, the cost of return shipment to the new address shall be paid by the Customer.
The Customer may choose the delivery mode.
The Seller undertakes to deliver the ordered products as quickly as possible (Monday to Friday, except during public holidays and national holidays) .
The average time of delivery observed when the items are available is of 10 days in metropolitan France.
In case of more than seven days delay from the delivery date, specified at the time of conclusion contract conclusion, the Customer may terminate the purchase by sending a registered letter with an acknowledgement of receipt. The refund will be made within a maximum period of 30 days.
All delivery , including those listed in the confirmation order receipt are determined as accurately as possible by the Seller. However, these deadlines are indicative based on supply transport possibilities of the Seller.
The Seller should not be held responsible for unpredictable delays , provided that , except in cases of force majeure, the Products are delivered within a maximum period of 7 (seven ) days of the delivery date announced by the Seller.
In the event that the Seller is unable to deliver the goods because of Products unavailability even temporary, it shall promptly inform the Customer , and no later than seven ( 7) days after the delivery date announced by the Seller when the order is made by email.
Therefore , overtaking these deadlines may in no circumstances give rise to penalties, damages, withholding or cancellation of orders.
In case of delay in delivery of goods, the provisions of Article L. 138-2 and seqof the Consumer Code will apply.
The Seller may propose to the Customer a similar item, that the Customer will be free to accept or not, and the shipment will be chargeable to the Seller. If this product does not suit the Customer, the Customer shall bear the cost of return, as well as the fees and risks.
The amount paid by the Customer will be refunded as soon as possible and no later than thirty (30) days after the payment made by the Customer. Beyond this, the due sums shall generate interests.
To monitor the current order, the Customer can check the status of the order online.
Once the Product has been shipped, the Seller shall send to the Customer an email confirming the shipping and a shipping number.
The delivery of the goods will have to be made in the presence of the Customer or of a person designated expressly by the Customer at the recipient address indicated in the order.
At the time of delivery of the goods, the Customer must check that:
(i) the number of delivered packages corresponds to the indications of the transport document (DDT) and the invoice;
(ii) the packaging is intact, not damaged, or wet or altered in any way whatsoever, including the materials used to close the package.
The Customer must immediately challenge any damages caused to the packaging and/or the Products or a mistake concerning the number of packages or of non-conformity with the indications, by appending a written reservation of control on delivery proof. After signing the delivery order, the Customer may no longer object the external characteristic of the delivered.
When the Customer orders products on the online shop to be delivered outside the European Union, he may be subject to duties and taxes on imports, which are collected once the package reaches its destination.
Any additional charges for customs clearance will be at the expense of the Customer, the Seller has no control over these charges.
Customs policies widely vary from one country to another, the Customer should contact the local customs for more information. Furthermore, when the Customer orders on the Website, he is considered as the importer and must comply with all laws and regulations of the country in which the Customer receives the products.
Protecting your privacy is important to us and we draw attention to our international customers that cross-border deliveries are likely to be opened and inspected by customs authorities.
Article 5. Risk of transport – Insurance
Whatever the conditions of sale and despite the retention of title clause, the Products travels upon their departure from the Seller's warehouse and / or delivery to the responsible freight forwarder on Customer costs and risks. The Seller shall in no event be liable for any problems or anomalies occurring during transport.
In addition, the Customer agrees to take out any insurance on the product during transport. This insurance must cover the risks of loss, theft, total or partial destruction of the products, whatever the cause of the damage, even in case of acts of God or force majeure. It undertakes to provide, upon first request of the Seller, copies of the insurance certificates.
No claim to refund or to exchange the relating to missing damaged or lost after leaving the warehouse of the Seller Product shall be made by the Client to the Seller relating to the Product in which the Customer has insurance burdens in this respect.
Article 6. Payments terms
All items prices on the Website are quoted in Euros (€), inclusive of taxes. They take into account the VAT applicable at the date of the order.
These prices are exclusive of postage, according to the amount in force. Any changes of the VAT rate will be automatically applied to the price of the products on the online shop.
Similarly, if one or more taxes or contributions were to be created or modified, increased or reduced, this change will be reflected in the selling price of the items on the Seller’s Website and selling documents.
The Seller agrees to regularly check that all prices quoted on the Website are correct, but cannot guarantee the absolute absence of error.
Product price error shall occur, the Seller will give the Customer the option to confirm the purchase of the Product at the correct price or to cancel the purchase. In the event that the Seller is unable to contact the user, the order will be considered to be cancelled.
The Customer must pay for its online purchases by credit card (Visa, Eurocard, Mastercard, UnionPay, Carte Bleue, e-cartebleue).
Upon receiving the Customer order, the Seller carry out a standard pre-authorization check on his/her payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorization check has been completed. The card will be debited once the order has been accepted.
Any default of payment at the settlement date indicated on the order accept confirmation without prior notice, result in the forfeit of the agreed terms for the full amount owed by the Customer.
In case of delay or default in payment, the Seller may at its option suspend all orders and deliveries or demand for these commands a cash settlement without prejudice of any other of action.
In case of delay or default of payment within 48 hours after a cease and desist notice, the sale is automatically canceled if the Seller wishes so and the Seller may request the return of the Product without prejudice of any other action.
The Customer shall reimburse all costs incurred by the Seller in respect of the conservation of the receivable and the recovery of sums due (even partially), including emoluments of public officers and other court costs, for which a lump sum of € 40 Euros was fixed by decree.
In no event the Customer can suspend payment the or has right to set-off without the prior written or the Seller.
The Customer endorces risk of Product loss once the product is delivered.
Article 7. Retention of title clause
The Seller retains ownership of the sold Product until full and effective payment of the price in principal and accessories. Until full payment, the Customer undertakes not to give a pledge or lien on the goods under retention of title or use them as security and must individualize the Products which originates from the Seller. These conditions do not preclude the transfer to the Customer upon delivery of the product under the conditions of Article 4 of these Terms, risk of loss and deterioration of the goods subject to retention of title as well as the responsibility of any injury or damage they may cause. The Customer shall accordingly take out insurance to cover the risks arising from the Product since its issuance thereof.
Article 8. Retractation right
If the Customer is not satisfied with the remotely controlled Products, he/she may exercise its right of withdrawal without giving any reason. He/she has then a period of fourteen days from the Products delivery date to return them.
In this case, the Customer must notify its decision withdrawal in a written statement without any ambiguity sent in the manner of his/her choice or by returning the withdrawal form available on the Site from his account :
• By email : [email protected]
• By mail to the following address: Redline - 161 Rue Saint Honore 75001 Paris.
Meanwhile, the Customer must return in the same period, the Product related to this withdrawal and send it to the following address : Redline - 161 Rue Saint Honore 75001 Paris.
The Product must be returned in like-new condition and not damaged, otherwise it will not be returned or exchanged.
The Seller advises the Customer, to prevent loss or theft, to return the Product via acknowledged of receipt letter (Colissimo). Moreover, the original packaging must be carefully protected in boxes or cartons to prevent damage.
Return costs will be borne by the Customer in accordance with the provisions of Article L.121-21-3 of the Consumer Code and possible taxes and customs fees.
In case of valid withdrawal from you, we will refund all sums paid, including shipping, by the Customer for such Product.
This refund will be effective within fourteen days from the day when the Seller has been informed of the Customer's withdrawal decision. The refund may, however, be delayed until the Seller has received the Products.
Article 9. Return and exchange
Without prejudice to the provisions relating to the right of withdrawal mentioned above, the Customer may exchange or return to the Showroom the Products ordered on the Site and exchange the size or color only to Showroom : Redline - 161 Rue Saint Honoré 75001 Paris or apply by email: [email protected] .
To know the procedure to follow in order to return the product to the Seller, contact customer service representative by telephone at + 33 1 44 64 92 24 or by email at the following address : [email protected] .
The Customer must return the item within a maximum period of 14 calendar days after the shipment of the order and enclosed the mail delivery confirmation of his/her order.
Refund of the purchase will be made on your credit card at the Showroom or remotely.
Any returned Product for exchange or refund must always be properly protected in its original packaging (a carefully opened package will not be considered as damaged packaging) and in a perfect condition for resale (not damaged, undamaged, unused, or washed unsoiled by the Customer).
Article 10. Warranties
10.1 Warranty against the hidden defects.
Products offered by the Seller are subject to the warranty against latent defects enunciated by Article 1641 of the Civil Code :
Article 1641 of the Civil Code : "The seller is bound to a warranty against hidden defects in the thing sold which render it unfit for the use for its intended use, or that so impair its use that the buyer would not have bought , or would only have given a lesser price for it if he had known the defects. »
The action resulting from latent defects must be brought within two years after discovery of the defect.
10.2 Legal warranty of conformity of goods.
The proposed products are also subject to the legal warranty of conformity within the Articles L.211-4 and following of the Consumer Code:
Article 211-4 of the Consumer Code :
" The seller must deliver goods in conformity with the contract and is held liable for any lack of conformity existing upon delivery.
He is also liable for the lack of conformity resulting from the packaging, the instructions for assembly or installation if he assumed responsibility therefor and had it carried out under his responsibility. »
The action resulting from lack of conformity is prescribed within a period of two years from the issuance of the Product.
The legal guarantee of conformity applies independently of any commercial guarantee
10.3 Guarantee of authenticity
The Seller warrantees the authenticity of all the Products purchased on the Site.
Article 11. - Ethical Procurement Policy
Being a company of trust and who offers to its Customers high quality products, the Seller undertakes to ensure that its suppliers act in an ethical manner.
The Seller expects its suppliers to create and maintain an environment which is protective of health and of their employees’ safety, as well as of their fundamental rights. All suppliers must comply with laws and social regulations in force in their countries, especially :
- Minimum age of employment
- Freely chosen employment
- Health and safety
- Freedom of association and the right to collective bargaining
- No discrimination
- No harsh or inhumane treatment
- Working hours
- Rates of pay
- Terms of employment
The Seller undertakes to never knowingly source stock from countries which are in breach of the above principles. The Seller also asks to its suppliers to encourage these principles when dealing with their own suppliers.
Because of the sometimes complex nature of its suppliers' supply chain, it is not always possible for the Seller to monitor and control the conditions of each individual involved in the production of the Products.
However, as the Seller continues to grow, it recognizes the importance of being proactive and doing everything within its power to support the rights of those involved in the manufacture of its goods.
Article 12. - Confidentiality and personal data
The Seller shall use all means to ensure the confidentiality and security of the data transmitted over the Internet. Therefore, the Website uses a secure payment module : SSL (Secure Socket Layer).
User’s personal data is collected by the Seller in accordance with the provisions of the French Data Protection and Freedom of Information Law n°78-17 as of June 6th 1978.
The processing of personal data collected during the Customer's registration on the Site or creating an online account or shop has been declared to the Commission Nationale Informatique et Libertés (CNIL).
The Site is subject to the CNIL declaration No 1581186 .
Article 13. – Cookies
These are files for tracing the path of a client on the website. Generally, they record information about the navigation computers on the Vendor's Site (pages visited , date and time of visit, etc.) these information can be read during your subsequent visits (system recognition by the Seller of the Customer on the Site ) with data transmission - which will be forwarded to the Seller. The storing period of this information in the Customer's computer lasts for a week.
It is recalled that the User may oppose the registration of "cookies" by configuring their browser in the following way:
For Mozilla Firefox :
- Choose the “tool” menu and click on “options”
- Click on the “privacy” icon
- Find the “cookie” menu and choose your preferences.
For Microsoft Internet Explorer 8.0 and 9.0 :
- Click on “Start”, then on “Control Panel”, then “Internet Options”
- Click on the “General” tab, then under “Browsing History”
- Click on “Delete”
- Under “Cookies”, click on “delete the cookies” then on “Yes” to confirm the deletion.
For Microsoft Internet Explorer 7.0
- Click on “start” then on “Internet Explorer”
- Click on “security” then on “delete history”
- Click the checkbox “Cookies”
- Click on “delete”
For Microsoft Internet Explorer 6.0 :
- Choose the “tool” menu than on “Internet Options”.
- Click on “Confidentiality”
- Select the desired level with the cursor
For Microsoft Internet Explorer 5 :
- Choose “Tools” than click on “Internet Options”
- Click on “Confidentiality”
- Select the desired level with the cursor
For Netscape 6.X and 7.X :
- Choose “Edit” > “Preferences” in the menu
- Confidentiality and Security
For Opera 6.0 and over :
- Choose “File” > “Preferences”
Article 14 – Liability
The Seller has, for each step throughout the purchase, as well for the steps after the conclusion of the contract (delivery of the goods for example), an obligation of means.
The Seller shall not be held responsible for a presentation of the Products that does not allow the User to completely and totally visualize them faithfully (e.g.: hair on a model, detail on clothes, color that is different in real than on the computer screen).
The Customer acknowledges and agrees that Products prices may vary between the Site stores, and in no case this price difference can support a claim for reimbursement of the total or partial Products which were purchased on the Website , or in stores.
Seller undertakes to describe with great accuracy or to submit a photograph of the Goods sold on its website, being specified that the photographs shown on the site are not contractual.
In any case, the Seller’s responsibility shall not be engaged in the case where the breach of its obligations are due to an unforeseeable and insurmountable fact of a third party to the contract or to a force majeure event, as defined by the French case law, or because of the consumer (article L. 121-20-3 of the French Consumer Code).
Similarly, the Seller shall not be liable for any inconvenience or damage arising from the use of the Internet, including a break in service, external intrusion or presence of computer viruses.
Article 15 - Force majeure
A party shall not be liable for any failure or delay in the performance of this agreement due to causes of force majeure, fortuitous event, a fact caused by the other party or a third party, or external causes including, but not limited to, social conflicts, intervention of civil or military authorities, natural disasters, fires, water damages, interruption of telecommunications network or power network.
Article 16. - Intellectual Property
The Seller is the sole owner of the intellectual property rights on the Products offered on the Site or in physical shops, the trademarks, the service marks, the marks, the designs and copyrights relating to the Products on the Site and all its elements, including the visual and graphic identity design, its ergonomics, its functionalities, the software, the text, the animated or still images, the sounds, the know-how, the drawings, the graphics and the names, symbols, logos or other marks that could be used, made or used by the Seller.
It is forbidden to use the trademarks, pictures, designs or any other element on which the Seller holds the intellectual property rights.
Moreover, the intellectual property rights on the documents contained on the Site and all material created for this Site are the exclusive property of the Seller, and the Seller does not grant any license nor any right other than to consult of the Site. Reproduction of any page or content on that site is subject to prior written approval of the Seller.
Reproduction of any documents published on the Site is solely authorized for information purposes for personal and private use. Any reproduction or use of copies made for other purposes is expressly prohibited.
It is also prohibited to copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover the source code (except as provided by law), sell, assign, sub license or transfer in any manner whatsoever any right relating to the software.
It is also forbidden to modify the software or to use modified versions of the software including (but not exclusively) to obtain unauthorized access to the service and accessing the Site by any means other than through the interface that is provided to the Customer by the Seller to this effect.
The Site and any necessary software used in connection with it may contain confidential information protected by intellectual property laws or other laws.
The Customer who has a personal Internet site and wishes to place, for personal use on his/her Site a direct link to the Seller of the Site, must request the prior written consent of the Seller.
In all cases, any unauthorized link must be removed on request of the Seller.
Article 17 – Duration
These conditions apply throughout the duration of online services offered by the Seller.
Article 18. - General Provisions
18.1. - Entire Agreement
The parties hereby accept that this agreement constitutes the entire agreement between them and replaces any offer, provision or prior agreement, oral or written.
These conditions have been drafted in French and English, but the French version is authentic. The English version is for information purposes only.
18.2. - Contract Modification
No subsequent document, no modification of the contract, regardless of the form, shall be effective between the parties without taking the form of an addendum dated and signed by both parties.
18.3. – Severability
If any term or other provision of this Agreement was regarded as void by any rule or law or a final court order, all other conditions and provisions of this agreement shall nevertheless remain in full force and effect, the invalid clause being deemed never to have been written.
18.4. – Domiciliation
The Customer’s address is indicated on the order form (billing address) and the Seller’s address is available on the Website.
18.5. – Applicable laws and litigation
These terms and conditions are subject to French law.
In cases of any dispute, the competent court will be the one of the defendant, or, at the defendant's place of the product effective delivery.