Terms and conditions of sale

 

Article 1 - Definition 

For the purposes of these General Terms and Conditions of Sale, the following terms - the first letter of which is capitalized whether used in the singular or plural - shall have the following definition:

1. " Customer "or " User "means any person who has used the Site and/or placed an Order for Product(s) via the Site.

2. " Order "means any transaction relating to training for a price and which takes place between the assigning Company and the acquiring User.

3. " Conditions Générales de Vente "or " GSC "means the present provisions - and only these provisions - intended to govern the terms and conditions of the commercial relationship established between RAINETTE and the Customer upon the purchase of a Product by the latter via the Site.

4. " Party or Parties "means, when used in the plural, the Company and the Customer and, when used in the singular, the Company or the Customer.

5. " Product(s) "shall designate all products - bicycle accessories - offered for sale by the Company via the Site.

6. " Site "or " platform "means the platform accessible at the following URL address: www.rainette-shop.com and made available by the Company so that the User may place orders for the various Products offered therein.

7. " Company "or " Vendor "means the company RAINETTE, a simplified joint stock company with a capital of 4,267.00 euros, registered with the BOBIGNY Trade and Companies Register under number 833 836 687, whose registered office is located at 18, Pas des Sablons in LES LILAS (93260), and whose intra-community VAT number is FR62 833 836 687.

Article 2 - Purpose 

The General Terms and Conditions of Sale constitute the enforceable legal agreement between the Parties which governs and specifies the terms and conditions for the sale of Products via the Site. They apply, without restriction or reservation, to all sales of Products made by the Company on its Site. 

RAINETTE reserves the right to modify these GTC at any time and without notice. The GCS applicable to the Order and enforceable against the Customer are those accepted by the Customer at the time the Order is placed.

Article 3 - Scope of application

Under the current provisions of the French Civil Code, the sale is deemed concluded on the date of acceptance of the Order by RAINETTE, this date being formalized by the sending of a validation e-mail from RAINETTE to the Customer.

Prior to this date, and in accordance with the provisions of article L.113-3 of the French Consumer Code, these General Terms and Conditions of Sale are made available to the Customer so that he/she can easily become acquainted with them in a clear and comprehensible manner. RAINETTE attests to its willingness to describe precisely to the Customer, and with the utmost loyalty, the scope of its commitment, particularly in light of the consequences drawn from these GTS to which the Customer will be contractually bound.

Article 4 - Product

The Products offered for sale on the Site are accompanied by a description and photographs presenting them as accurately as possible to enable the Customer to place an Order with a sincere knowledge of the Product. 

However, the photographs, texts, graphics and - more generally - all information and characteristics illustrating and/or accompanying the Products are for information purposes only and are not contractually binding. 

Consequently, RAINETTE cannot be held liable in the event of errors or omissions in any of these elements or in the event of modification of said elements by suppliers and/or publishers. 

Article 5 - Ordering 

Any Order implies the Customer's acceptance - without reservation - of these GTS, which take precedence over all other terms and conditions mentioned, evoked or assumed. The Customer acknowledges having expressly accepted the entirety of these GCS without reservation, which apply to him in their entirety and are enforceable against him by operation of law. 

All valid Orders are deemed firm and definitive from the moment the Customer's unequivocal acceptance is received by RAINETTE in any manner whatsoever. All data provided by the Customer and the recorded confirmation shall constitute proof of the Order and an offer received by RAINETTE that may not be withdrawn in accordance with the provisions of the French Civil Code.

Upon receipt of the Order, RAINETTE will - subject to stock and availability of the Products included in the Customer's Order - send a validation e-mail to the Customer. At the same time, a summary of the Order information and these GTS will be sent to the Customer in PDF format at the address provided by the Customer. The sale is deemed complete from this date.

In the situations detailed below, the Company reserves the right not to register a payment, not to confirm an Order for any reason whatsoever and/or to cancel an Order made by the Customer by sending the Customer written notification specifying the reason leading to this decision, and in particular in the following cases: 

• The customer's billing information is incorrect or unverifiable;

• A problem related to the stock and/or unavailability of one or more Products included in the Order (see article 8 - AVAILABILITY); 

• The Order is flagged by our security systems as unusual or likely to be fraudulent;

• The www.rainette-shop.com website is not intended to sell Products in large quantities. Consequently, the Company reserves the right to refuse Orders for 10 identical Products (or more);

• The address communicated by the Customer is invalid and/or erroneous, and prevents delivery; 

• In the event of force majeure as defined in article 1218 of the French Civil Code.

The Customer expressly acknowledges and accepts that RAINETTE shall not be held liable in the event of cancellation of an Order by the Company pursuant to these provisions. 

Article 6 - Prices

The sale prices of the Products presented on the Site are indicated in euros and include all taxes applicable on the date of the Order, in particular VAT, unless otherwise indicated, and exclude shipping and handling costs. RAINETTE reserves the right to modify its prices at any time, but the Product will be invoiced on the basis of the price list in effect at the time the Order is validated and subject to availability. The Buyer will be notified of any such changes prior to placing an Order. 

Any change in the applicable VAT rate will automatically be reflected in the price of Products sold by RAINETTE on its Site. Shipping costs, Order processing fees and packaging costs will be indicated in the Customer's shopping basket, prior to final validation of the Order.

Prices are final and guaranteed subject to typographical or printing errors. 

All Sales Orders, whatever their origin, are payable in Euros. In the case of an Order placed from a country other than mainland France, the Customer declares that he/she is the importer of the Product(s) ordered and is responsible for all formalities relating to the importation of the Product(s) (including customs duties, other local taxes, import duties or state taxes, as well as declarations to the relevant authorities and organizations). 

Article 7 - Payment

Once the basket of Products has been validated and the Order has been definitively sent to RAINETTE, the Customer is required to pay the price indicated - which the Customer has expressly accepted without reservation - using the payment method(s) offered on the Site and selected by the Customer. 

The amount of the Order is debited from the Customer's credit card when the Order is placed. The Products remain the property of the Company until full payment has been received. 

Caution: The Customer agrees to bear the risks of loss and/or deterioration of the Products ordered from the moment they are fully received. 

NOTE on Alma's credit department:

For the settlement of purchases and the execution of payment, RAINETTE offers the Customer the possibility of using Alma's credit services. Use of the service is subject to the Customer's acceptance of the general terms and conditions of use or of the credit agreement proposed by Alma.

"Any refusal by Alma to grant credit for an order may result in cancellation of the order."

"Any termination of the T&C binding the Customer and Rainette shall result in the termination of the T&C or the credit agreement between Alma and the Customer."

"The amount is paid by a credit granted by Alma SAS registered on the REGAFI under number 90876."

For all service complaints, customers can contact Alma support: https://support.getalma.eu/.

Article 8 - Availability 

The Products presented on the Site are offered for sale as long as they are visible on the Site. www.rainette-shop.comsubject to availability. For Products not in stock, RAINETTE's offers are valid as long as they are advertised on the Site and subject to availability with RAINETTE's suppliers and partners.

In the event that a Product is unavailable after the Order has been placed by the Customer, RAINETTE undertakes to inform the Customer without delay, by e-mail to the address provided when the Order was placed. The Order will be automatically cancelled and the amount corresponding to the unavailable Product will be automatically refunded within 48 (forty-eight) business hours.

The Customer expressly acknowledges and accepts that RAINETTE shall in no way be held liable for the unavailability of a Product.

Article 9 - Withdrawal 

In accordance with the legal provisions in force (article L.221-18 of the French Consumer Code), as a consumer you have the right to withdraw from the purchase within 14 (fourteen) days of placing the Order, at no extra cost and without having to justify your decision. 

The 14 (fourteen) day period runs from the date of receipt of the Product by the Customer. If an Order is made up of several Products delivered at different times, the period runs from receipt of the last good, batch or part.

In the case of a gift card purchased on the Site, the Customer also has a period of 14 (fourteen) days from confirmation of his Order to exercise his right of withdrawal, provided that the gift card has not been used in whole or in part before the expiry of this period. In the event of use, even partial, of the Product and/or gift card purchased, no right of retraction or reimbursement in any form whatsoever shall be granted to the Customer.

To exercise the right of withdrawal, the Customer must - within the aforementioned period - directly inform RAINETTE by unambiguous e-mail to rainette@rainette.com, clearly expressing the Customer's desire to withdraw and specifying the order number and the reason for the return.

From the date of notification of the Customer's wish to exercise his/her right of withdrawal, the Customer must return the delivered Product(s) to RAINETTE without delay, and at the latest within 14 (fourteen) days. 

In the event of the Customer's withdrawal, RAINETTE will reimburse the amounts paid - less the cost of returning the Products to RAINETTE, which shall be borne by the Customer, which the Customer accepts - via the same means of payment used for the Order. 

The risks of return are borne by the Customer. Only Products returned complete (packaging, accessories and instructions), clean and in perfect condition will be accepted and reimbursed by RAINETTE. Otherwise, in the event of any deterioration of the Product(s) returned by the Customer, the return will be considered non-compliant and will not be reimbursed by RAINETTE, thus precluding the possibility of exercising the right of withdrawal.

Article 10 - Delivery

Products will be delivered to the Customer in accordance with the delivery method chosen by the Customer when placing the Order. In the event of temporary and/or permanent unavailability of the delivery method selected, RAINETTE reserves the right to modify the delivery method initially selected by the Customer, without any additional charge.

Products are shipped to the delivery address indicated when the Order is placed. The delivery times indicated on the Site are provided for information purposes only, and RAINETTE cannot be held liable in the event of non-compliance. 

When placing the Order, the Customer ensures that he/she has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.). RAINETTE may not be held liable in the event of a default in the delivery of Products if the Customer has made a mistake in providing the delivery information. 

RAINETTE undertakes to keep the Customer informed of the progress of the Order, and the Customer will be able to track the progress of the Order upon receipt of the e-mail confirming shipment of the Order. Should RAINETTE become aware of any delay in the delivery of the Order, it undertakes to inform the Customer without delay.

RAINETTE shall not be held liable by the Customer for any delay and/or failure in the delivery of the Order that is not attributable to RAINETTE. 

In the event of damaged packages (already opened, missing Products, etc.), the Customer undertakes to notify the carrier and RAINETTE, by any means, of any reservations supported by photographs within 3 (three) days of receipt of the Product. 

Article 11 - Returns and refunds 

In addition to the right of withdrawal granted in accordance with Article 9 of the GCS, any claim and/or request for exchange must be made by e-mail, to the following address serviceclient@rainette-shop.comwithin 30 (thirty) days from the date of delivery.

In the event of an exchange, Products must be returned in the condition in which they were received, with all the components making up its packaging. packaging (accessories, packaging, instructions, etc.).

Any Product used by the Customer is no longer a new Product, and as such is not eligible for return and refund. The Customer expressly accepts that the cost of returning and refunding the Product will be borne by the Customer.

Article 12 - Legal warranties 

RAINETTE undertakes, with respect to the Customer, to deliver a Product that complies with the presentations made on the Site and to guarantee all of the Products it offers for sale on its Site against latent defects and/or defects occurring during the production process. 

Products modified, repaired, integrated or added by the Customer, as well as Products damaged during transport or due to misuse by the Customer, are excluded from the warranty.

Article 13 - Liability 

Prior to placing an Order, the Customer declares that he/she has full legal capacity to enter into commitments under these General Terms and Conditions of Sale. RAINETTE is under no obligation to verify the legal capacity of all its users, including the Customer. Consequently, if a person who does not have legal capacity orders Products on the Site, the person's legal guardians (parents, guardians, etc.) assume full responsibility for the Order and must pay the price.

The Products offered comply with current French legislation. RAINETTE shall not be held liable in the event that the Product does not comply with the legislation of the country where the Order is delivered. It is therefore the Customer's responsibility to check with local authorities regarding the possibility of importing or using the Product(s) ordered.

Furthermore, the Company shall not be held liable for any damage resulting from misuse of the Product purchased. The Customer assumes full responsibility for the use of the Product and may not, in any way, hold RAINETTE liable for any prejudice suffered by the Customer or a third party resulting from misuse of the Product. 

In the event of a defect in the Product ordered, the Customer undertakes to contact rainette@rainette-shop.com to arrange an exchange and not to use the Product in the meantime. 

In the event that RAINETTE's liability is established and upheld for any loss suffered by the Customer and attributable exclusively to the placing of an Order, such liability shall be limited to the amount of the Order paid by the Customer to RAINETTE. 

Article 14 - Intellectual property 

Unless otherwise specified, all materials presented by RAINETTE are the exclusive property of RAINETTE and are protected by copyrights held by the Company. In particular, the features, database, images, graphics, illustrations, logos, trademarks, patents, copyrights and all other intellectual property rights are owned by RAINETTE.

Thus, any non-conforming use of distinctive signs and/or elements belonging to RAINETTE without the prior express authorization of RAINETTE is strictly prohibited. 

It is expressly forbidden to reproduce - in whole or in part - the content presented, under penalty of violation of the laws relating to counterfeiting. This prohibition also includes any attempt to duplicate, distribute or otherwise illegally exploit the Products, under penalty of criminal prosecution.

The Products are intended solely for the Customer's personal use. It is therefore strictly forbidden for the Customer to reproduce, exploit or use in any way whatsoever the Products and/or their contents, for any purpose other than personal use, without the explicit, written and prior authorization of RAINETTE. 

Article 15 - Personal data 

In accordance with EU Regulation 2016/679 on the protection of personal data (RGPD), RAINETTE assures the User that the personal data collected is processed in compliance with the RGPD. 

In accordance with Article 5 of the RGPD Regulation, RAINETTE collects personal data in compliance with the following principles: 

• Fairness: information is collected using lawful procedures. Customers are continually informed about the use of their data;

• Limited purposes: data are collected and processed for a specific purpose, as described in detail in (15.2) of this section;

• Minimization of data collection: RAINETTE collects only the data required to complete the Order;

• Data accuracy: personal data must be accurate and therefore necessarily kept up to date;

• Time limits on data storage: personal data are stored for a limited period, as specified in provision (15.2); 

The purpose of these provisions is to inform the User of the reasons why RAINETTE collects, processes and protects their personal data. The present policy drafted by the Company affirms and guarantees that the consumer within the meaning of the Consumer Code is aware of the elements presented in sub-paragraphs 15.1 to 15.3. 

15.1 Type of personal data collected 

RAINETTE reserves the right to collect personal information about you. In addition to the information you declare (when creating an account, subscribing to the loyalty program), information is automatically collected, generated or deduced by our systems, such as your connection data. 

15.2 The purpose of this collection

This information is required to process your order and to improve the services and information we send you. This information also enables us to get to know you better and to send you personalized offers on our Products.

This information is communicated to our service providers when this is necessary to provide you with the requested Service and also to your banking institution for the validation, where applicable, of payments linked to your online Orders. Some of this information (including your purchase history or profile) may, depending on the sharing choices you have made, be transmitted to our commercial partners to enable them to send you personalized offers. We encourage you to read the privacy policies and terms and conditions of these third-party sites. 

Furthermore, data collection is limited to a period of 18 (eighteen) months. 

15.3 Customer rights and how to exercise them 

Customers have various privileges under applicable law, including:

• Right of access: you may obtain confirmation as to whether or not personal data concerning you is processed by the Company and, if so, access to said personal data, as well as certain information concerning the processing of your personal data and the characteristics of such processing. 

• Right of rectification: if customers believe that their personal data is incorrect or incomplete, they have the right to request that it be corrected;

• Right to erasure or right to oblivion: Customers have the right to have their personal data erased within the legal parameters;

• Right to restrict processing: Customers have the right to restrict the processing of their personal data;

• Right to withdraw your consent: you may withdraw your consent if the Processing is carried out on the basis of your consent, without the withdrawal of such consent affecting the lawfulness of the Processing;

• Right to object: Customers have the right to object to the processing of their personal data for reasons related to their particular situation. Customers have the absolute right to object to the collection of personal data for the purposes of commercial prospecting, including the profiling associated with such prospecting.

Article 16 - Commercial offers 

By accepting the GTC, the Customer also agrees to be contacted by RAINETTE at the e-mail address provided when the Order was placed, and to receive commercial offers published by RAINETTE. If the Customer wishes to object, he/she may do so by sending an e-mail to the following address rainette@rainette-shop.com.

Article 17 - Independence of clauses

In the event that any clause of these General Terms and Conditions of Sale is declared invalid or inapplicable, said clause shall be immediately severable from the rest of the General Terms and Conditions of Sale. Consequently, the invalidity or inapplicability of a particular clause shall in no way affect the validity or applicability of the other provisions contained in the General Terms and Conditions of Sale.

Article 18 - Cookies charter

A cookie is an electronic file or tracer deposited on your terminal (computer, tablet, smartphone, etc.) which, during its period of validity and if its deposition is technically necessary for browsing the Site or authorized by you, makes it possible to identify and recognize your terminal during your subsequent visits and, in particular, to provide you with improved browsing (hereinafter referred to as "Cookies"). The installation of Cookies only enables the Cookie issuer to identify a terminal, and not the User directly.

When browsing the Site, cookies from RAINETTE may be deposited on your terminal.

The first time You browse this Site, a banner explaining the use of Cookies will appear. From then on, by continuing to browse, You will be deemed to have been informed of and to have accepted the use of said Cookies. The consent given will be valid for a period of thirteen (13) months. The User may deactivate Cookies by selecting the appropriate settings on his or her browser.

All information collected will only be used to monitor the volume, type and pattern of traffic using this Site, to develop the design and layout of the Site and for other administrative and planning purposes. More generally, Cookies are used to improve the service we offer you.

The following Cookies are present on this Site:

• Google Analytics, which measures the site's audience; 

• Google tag manager makes it easy to implement tags on pages and manage Google tags;

• Google Adsense is a Google advertising network that uses websites or YouTube videos as a medium for its ads;

• Google Dynamic Remarketing offers dynamic advertising based on previous searches;

• Google AdWords Conversion is a tool for tracking AdWords advertising campaigns;

• Double Click is a Google advertising cookie used to display banners;

• META connect, which identifies you using your Facebook account;

• META social plugins allow you to like, share and comment on content with a Facebook account; 

• META Custom Audience, which lets you interact with your audience on Facebook ; 

• Inspectlet that analyzes navigation ;

• Klaviyo.

For more information on the use, management and deletion of Cookies, for any type of browser, please consult the following link: https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser.

 

Article 19 - Archiving Evidence

The Company will archive Order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of article 1348 of the French Civil Code. 

The computerized records kept in RAINETTE's computer systems shall be considered proof of communications, Orders and payments between the Parties.

The Parties agree that all data, information, files and any other digital element exchanged between the Parties shall constitute admissible, valid and opposable evidence with the probative force of a private deed.

The Parties undertake not to contest the admissibility, validity, enforceability or probative value of the aforementioned electronic elements or formats, on the basis of their electronic nature. In the absence of proof to the contrary, these elements will be valid and opposable between the Parties in the same way, under the same conditions and with the same probative force as any document drawn up, received or kept in writing.

Article 20 - Disputes 

19.1 Amicable settlement of disputes

Any dispute shall be subject to a prior attempt at amicable settlement.

The name and contact details of the appointed mediator are given below: AFEPAME, which you can contact via the following link https://mediateur-consommation-afepame.fr/

Subject to compliance with the provisions of this Article, the Parties shall have the option of resolving the dispute through legal action.

19.2 Applicable law - Jurisdiction

These General Terms and Conditions of Sale are governed by French law. 

Consequently, any disputes relating to the application, performance and/or interpretation of the GTCS shall be submitted to the exclusive jurisdiction of the competent French courts.