General conditions of sale

 

The commercial site www.rouchette.com (hereinafter referred to as "the Site") is published by the company ROUCHETTE, with a capital of 188,000 euros, registered in the Angers Trade and Companies Register under the number 353 603 814 and whose registered office is Z.I. du Bordage - 49122 Le May-sur-Evre (hereinafter referred to as "ROUCHETTE"). Intracommunity VAT number: FR54 353 603 814.

The Site is hosted by the company Mediapilote on servers of the company OVH located in Roubaix (France).

Customer Service contact details: Email serviceclients@rouchette.com

All orders placed on the Site are subject to these General Sales Conditions (hereinafter "the GSC") and presuppose their prior, express and unreserved acceptance by the customer.

ROUCHETTE reserves the right to adapt or modify these GSC at any time, the version of the GSC applicable to any transaction being the one appearing online on the Site at the time of the order.

If one or more stipulations of the GSC were to be cancelled or invalidated, or declared as such by a law, regulation or final judicial decision, the other stipulations would retain their full force and scope.

The commercial site www.rouchette.com (hereinafter referred to as "the Site") is published by the company ROUCHETTE, with a capital of 188,000 euros, registered in the Angers Trade and Companies Register under the number 353 603 814 and whose registered office is Z.I. du Bordage - 49122 Le May-sur-Evre (hereinafter referred to as "ROUCHETTE"). Intracommunity VAT number: FR54 353 603 814.

The Site is hosted by the company Mediapilote on servers of the company OVH located in Roubaix (France).

Customer Service contact details: Email serviceclients@rouchette.com

All orders placed on the Site are subject to these General Sales Conditions (hereinafter "the GSC") and presuppose their prior, express and unreserved acceptance by the customer.

ROUCHETTE reserves the right to adapt or modify these GSC at any time, the version of the GSC applicable to any transaction being the one appearing online on the Site at the time of the order.

If one or more stipulations of the GSC were to be cancelled or invalidated, or declared as such by a law, regulation or final judicial decision, the other stipulations would retain their full force and scope.

The customer declares to be a physic person aged at least 16 years old and to have the legal capacity to conclude a contract, or to hold a parental authorization allowing him/her to place an order on the Site.

In this respect, ROUCHETTE reserves the right, at any time, to ask the customer for proof of identity attesting to his/her age and capacity and/or the authorization of his/her legal representative.

ROUCHETTE reserves the right to refuse the benefit of its offers to any professional reseller and to cancel any order placed on the Site by or for a professional.

When registering the customer's personal data in the "my account" section, the customer must ensure the accuracy and completeness of the mandatory data he provides. In the event of an error in the wording of the recipient's details, ROUCHETTE shall not be held responsible for the impossibility of delivering the product

The customer declares to be a physic person aged at least 16 years old and to have the legal capacity to conclude a contract, or to hold a parental authorization allowing him/her to place an order on the Site.

In this respect, ROUCHETTE reserves the right, at any time, to ask the customer for proof of identity attesting to his/her age and capacity and/or the authorization of his/her legal representative.

ROUCHETTE reserves the right to refuse the benefit of its offers to any professional reseller and to cancel any order placed on the Site by or for a professional.

When registering the customer's personal data in the "my account" section, the customer must ensure the accuracy and completeness of the mandatory data he provides. In the event of an error in the wording of the recipient's details, ROUCHETTE shall not be held responsible for the impossibility of delivering the product

The products offered for sale are those described on the Site.

ROUCHETTE takes the greatest care in the presentation and description of these products in order to best satisfy the customer's information.

It is however possible that non-substantial errors may appear on the Site (particularly in the description or with regard to the quality of the photos of the products), which the customer acknowledges and accepts.

In any event, in the event of non-conformity of the product delivered in relation to its description on the Site, the customer may either exercise his right of withdrawal described in Article 9 below, or implement the guarantee of conformity of ROUCHETTE, which will proceed, where appropriate, to exchange or refund the price (in whole or in part) that may have been invoiced.The products offered for sale are those described on the Site.

ROUCHETTE takes the greatest care in the presentation and description of these products in order to best satisfy the customer's information.

It is however possible that non-substantial errors may appear on the Site (particularly in the description or with regard to the quality of the photos of the products), which the customer acknowledges and accepts.

In any event, in the event of non-conformity of the product delivered in relation to its description on the Site, the customer may either exercise his right of withdrawal described in Article 9 below, or implement the guarantee of conformity of ROUCHETTE, which will proceed, where appropriate, to exchange or refund the price (in whole or in part) that may have been invoiced.

The prices of the products (the product designating a footwear product composed of a right foot and a left foot) are indicated in euros, all taxes included for metropolitan France, excluding participation in shipping costs.

The shipping costs are indicated before finalizing the order and assumed by the customer.

The total price of the order (all taxes and shipping costs included) is indicated in the shopping basket. It is payable in full and in a single payment at the time of the order according to the procedure described in article 5 below.

ROUCHETTE reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the rates in force at the time the customer's order is registered, subject to availability.The prices of the products (the product designating a footwear product composed of a right foot and a left foot) are indicated in euros, all taxes included for metropolitan France, excluding participation in shipping costs.

The shipping costs are indicated before finalizing the order and assumed by the customer.

The total price of the order (all taxes and shipping costs included) is indicated in the shopping basket. It is payable in full and in a single payment at the time of the order according to the procedure described in article 5 below.

ROUCHETTE reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the rates in force at the time the customer's order is registered, subject to availability.

Step 1: Identification and selection of the product
The Customer must select a product(s) offered on the Site, which will be added to the shopping cart.
By validating his basket, the Customer initiates the ordering process.

The Customer is then informed of the accepted means of payment and possible delivery restrictions (see step 3).

If he has not already done so, the customer must then identify himself on the Site by specifying his civil status, his surname, first name, billing address, telephone number and e-mail address. The customer undertakes to communicate the exact data of his identity and place of delivery.

Step 2: Selection of the delivery method
The customer must choose from one of the delivery methods offered to him, namely :

Colissimo delivery
Delivery at relay point

At the time of choosing the delivery method, the customer is informed of the amount of the delivery charges for each proposed delivery method, as well as the delivery terms. Delivery costs are at the customer's expense.

The customer must indicate the address to which he wishes to be delivered if it is different from the address given in the previous step, or, if necessary, choose a place to collect the package.

In case of home delivery, the customer must fill in his fixed or cell phone number in order to be reached by the company in charge of the delivery.

Step 3: the summary of the order
A summary of the order will be displayed specifying in particular the essential characteristics of the products, the quantity and price of the products, the delivery charges and the total amount of the order (including delivery charges).

The customer must read these GSC, which will be available via a hypertext link and check the box "I accept the GSC".

Then, in accordance with the terms of Article L. 221-14 of the Consumer Code, the customer must click on the button "Proceed to payment of the order for validation" validating the order and the GSC ("first click").

Step 4: Payment of the order
The customer will have the opportunity, before definitively validating his order, to check the details of the order and its total price, and to correct any errors, before confirming it to express his acceptance.

The customer then proceeds to the payment of the order; the payment can only be made by means of one of the proposed bank cards.

By proceeding with payment by credit card, the customer is automatically redirected to the secure electronic payment server of the Banque Populaire Grand Ouest company, ROUCHETTE's payment service provider. The customer must fill in his bank card number, its expiry date, the name of the cardholder and the visual cryptogram corresponding to the last numbers written on the back of his bank card.

By making this payment, the customer guarantees that he is fully entitled to use the payment card for the payment of his order and that this card gives access to sufficient funds to cover all the costs resulting from this order.

By providing his credit card details, the customer accepts that ROUCHETTE or its service provider processes the necessary data and proceeds with the secure transaction.

The data recorded and kept by ROUCHETTE constitute proof of the order and of all transactions made. The data recorded by the payment system constitutes proof of the financial transactions.

When the customer's order is for a sum equal to or greater than 120 €, ROUCHETTE ensures that the written document is kept for a period of 10 years and guarantees access to the customer at any time if the customer so requests.

By clicking on the button "Validate the Order", the customer confirms his order.

The confirmation of the order by this "second click" is equivalent to the conclusion of the contract of sale.

It is specified that the order is only validated and dispatched after confirmation of the validity of the payment made by the customer.

In the event that, for any reason whatsoever (exceeding the bank limit, opposition, refusal of the issuing center to authorise payment, etc.), the debiting of the sums due by the customer proves to be impossible, the order will not be registered by ROUCHETTE.

In any event, ROUCHETTE reserves the right to refuse any order from a customer with whom there is a dispute or an incident relating to the payment of a previous order or which contravenes the provisions hereof. In this case, ROUCHETTE will inform the customer by e-mail. If the customer fails to regularize his situation with ROUCHETTE, ROUCHETTE reserves the right not to process the order.

ROUCHETTE reserves the right to refuse any order from a customer whose products are clearly intended for resale for commercial purposes.

A confirmation email summarizing the order (products, price, product availability, quantity, delivery method chosen by the customer ...) will be sent to the customer by ROUCHETTE.

To this end, the customer formally accepts the use of e-mail for the confirmation by ROUCHETTE of the content of his order.

This email, being worth acknowledgement of receipt of the order, details all the essential conditions of the order, namely :

the reference of the order ;
the identity and the coordinates of the customer;
the nature, the quantity and the price of the products;
the reminder of the costs, terms and possible restrictions of delivery;
the total amount of the order (including delivery costs);
information relating to the identity of ROUCHETTE and its contact details;
where applicable, the fact that the customer bears the costs of returning the product in the event of retraction;
the invoice, proof of confirmation of payment;
the mention that an email specifying the parcel number related to the order will be sent to the customer at the time of shipment of the order.

In the absence of availability of a product or the size ordered, ROUCHETTE undertakes to inform the customer as soon as possible, either when the order is placed, or after the order has been recorded and before delivery, by e-mail.

In the event of total or partial unavailability of the product after placing the order, the customer will be informed by e-mail of the delivery of a partial order or the cancellation of his order.

In the event of unavailability of the product, the customer then has the option :

Either to be delivered a product of equivalent quality and price, chosen by the customer;
or to be reimbursed for the price of the product ordered by using his right of withdrawal under the conditions of Article VI of the GSC;

The costs of delivery of a new product will be borne by ROUCHETTE.

A confirmation email summarizing the order (products, price, product availability, quantity, delivery method chosen by the customer ...) will be sent to the customer by ROUCHETTE.

To this end, the customer formally accepts the use of e-mail for the confirmation by ROUCHETTE of the content of his order.

This email, being worth acknowledgement of receipt of the order, details all the essential conditions of the order, namely :

the reference of the order ;
the identity and the coordinates of the customer;
the nature, the quantity and the price of the products;
the reminder of the costs, terms and possible restrictions of delivery;
the total amount of the order (including delivery costs);
information relating to the identity of ROUCHETTE and its contact details;
where applicable, the fact that the customer bears the costs of returning the product in the event of retraction;
the invoice, proof of confirmation of payment;
the mention that an email specifying the parcel number related to the order will be sent to the customer at the time of shipment of the order.

In the absence of availability of a product or the size ordered, ROUCHETTE undertakes to inform the customer as soon as possible, either when the order is placed, or after the order has been recorded and before delivery, by e-mail.

In the event of total or partial unavailability of the product after placing the order, the customer will be informed by e-mail of the delivery of a partial order or the cancellation of his order.

In the event of unavailability of the product, the customer then has the option :

Either to be delivered a product of equivalent quality and price, chosen by the customer;
or to be reimbursed for the price of the product ordered by using his right of withdrawal under the conditions of Article VI of the GSC;

The costs of delivery of a new product will be borne by ROUCHETTE.

Orders are processed within a maximum of 48 hours from the confirmation of the order.

It is recalled that the order is shipped to the customer only after confirmation of the validity of the payment made by the customer.

Once the order has been validated and confirmed, it is shipped to the delivery address provided by the customer during the order process.

The shipment is the subject of an email sent to the customer in which ROUCHETTE specifies :

the order number,
the link to the tracking number of the package.Orders are processed within a maximum of 48 hours from the confirmation of the order.

It is recalled that the order is shipped to the customer only after confirmation of the validity of the payment made by the customer.

Once the order has been validated and confirmed, it is shipped to the delivery address provided by the customer during the order process.

The shipment is the subject of an email sent to the customer in which ROUCHETTE specifies :

the order number,
the link to the tracking number of the package.

Delivery is made to the delivery address indicated by the customer, it being specified that delivery cannot be made to post office boxes.

In order to respect the deadlines, the customer must communicate exact and complete information concerning the delivery address (such as, in particular: street number, building number, stairs, access codes, names and/or intercom numbers, or any other necessary element that will allow him/her to receive the order).

The times indicated are indicative times, corresponding to the average processing and delivery times observed at the partner carriers used by ROUCHETTE for the delivery of its products. ROUCHETTE shall not be held responsible for the consequences due to a delay in delivery that is not its fault.

In case of damaged packages (already opened, missing products...), the customer undertakes to notify the carrier and ROUCHETTE, by any means, of any reservations within 3 (three) days following receipt of the product. In this case, the customer and ROUCHETTE will consider together the follow-up to be given to this incident.

It is reminded that under Article L. 216-4 of the Consumer Code, any risk of loss or damage to the products is transferred to the customer at the moment when the customer or a third party designated by him, and other than the carrier proposed by the professional, takes physical possession of these products.

The individual customer has a right of cancellation, which he can exercise without reason, within 14 (fourteen) clear days from the date of receipt of the order.

The customer must make his request for cancellation by sending an email to: serviceclients@rouchette.com and explaining the reasons for his withdrawal.

ROUCHETTE shall inform the customer by e-mail of the receipt of his request for retraction as soon as it is received.

The customer will then have to follow the instructions that will be given in this email to proceed to the return of the products. In particular, the customer will have a period of 14 days as from the sending of his retraction request to proceed with the return, at his own expense.

The products must be new (in their original packaging, unworn, unwashed) and accompanied by the order number.

If the products are not returned within 14 (fourteen) days from the day of effective receipt of the order, the order is deemed final and no refund will be made under the right of cancellation legally recognized to the customer.

In the event the customer exercises his right of retraction, ROUCHETTE will repayment the customer for any sums already paid, less any shipping costs, under the conditions set out in Article 10 below.

Refunds of products in the above hypotheses will be made by ROUCHETTE within a maximum period of 14 days after receipt by it of the said returned products.
Refunds will be made by transfer to the account of the credit card used at the time of purchase.

ROUCHETTE shall be held liable for defects in conformity of the products delivered to the customer under the conditions of articles L. 217-4 and following of the Consumer Code and for hidden defects of the products sold under the conditions of articles 1641 and following of the Civil Code.

Legal guarantee of conformity :

According to article L. 217-4 of the Consumer Code, "The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. It is also liable for defects resulting from packaging, assembly instructions or installation when the latter has been charged to it by the contract or has been carried out under its responsibility".

Article L. 217-5 of the Consumer Code provides that "The good is in conformity with the contract :

1° If it is fit for the use usually expected of a similar good and, where applicable :

- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter".

Article L. 217-12 of the Consumer Code provides that "the action resulting from the lack of conformity is time-barred after two years from the delivery of the goods".

When acting as a legal guarantee of conformity, the customer :

- has a period of two years from the delivery of the goods to act;
- may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code;
- is exempt from having to provide proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods. The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

Legal guarantee of hidden defects :

According to article 1641 of the Civil Code, "The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the use for which it is intended or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it if he had known about them".

Article 1648 paragraph 1 of the Civil Code provides that "the action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect".

The customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

In its capacity as data controller, ROUCHETTE undertakes to comply with the regulations applicable to the collection and processing of personal data, and in particular the French Data Protection Act No. 78-17 as amended and the GDPR.

The customer may obtain all useful information on ROUCHETTE's practices and commitments with respect to personal data by consulting the Privacy Policy.

With respect to personal data collected by ROUCHETTE when the customer places an order, such data is necessary for the processing and management of the transaction and, for this purpose, may be communicated in whole or in part to ROUCHETTE's service providers involved in the execution of the order, and in particular for its payment and delivery.

ROUCHETTE may also use this data to send the customer information on the order(s) placed, offers and promotions or a newsletter in connection with similar products or with ROUCHETTE's activities, and for statistical purposes.

The customer is informed and expressly accepts that this same personal data may be collected by an organisation in charge of analysing orders and fighting against credit card fraud.

In accordance with the Data Protection Act No. 78-17 of January 6, 1978, the customer has a right of access, rectification, opposition and deletion of data concerning him, as well as a right to limit the processing and portability of his data, which he can exercise by sending an email to the following address: serviceclients@rouchette.com or by writing to : ROUCHETTE, Z.I. du Bordage - 49122 Le May-sur-Evre.

Any order on the Site automatically implies the customer's acceptance of these GSC, which are governed by French law.

For any question or complaint, the customer may contact Customer Service to find an amicable solution, at the email address indicated on the Site or by filling out the contact form on the Site.

 

 


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