TERMS AND CONDITIONS OF USE
Preambule
The website montagut.com is an ecommerce website accessible via the Internet published by the company BONNETERIE CEVENOLE, SAS with a capital of € 1,870,596, whose headquarters is: 1001 Avenue de la République - 07500 Guilherand Granges, RCS Aubenas under No. 335620282, VAT number FR82335620282.
This website offers for sale products branded Montagut which is a registered trademark owned by Bonneterie Cevennes. Any order for a product on the website montagut.com implies acceptance of the buyer to these Terms of Use. MONTAGUT society reserves the right to make changes to its website montagut.com and Terms of Use at any time by posting a new version on the Website montagut.com. The General Conditions of Sale are those in effect at the date of placing the order.
Web hosting
Scaleway
8 rue de la Ville l'Evêque,
75008 Paris
R.C.S. Paris 433 115 904
www.scaleway.com
Article 1: Purpose
These Conditions of Use govern the rights and obligations of the parties resulting from the online sale of products offered on the website montagut.com
Article 2: Definitions
In these Conditions of Sale, each of the expressions listed below have the following explanation:
- The "Conditions" means these terms and conditions of sales
- The "Site montagut.com": the website of the company whose address is MONTAGUT montagut.com
- "We": the company Bonneterie Cévenole
- "You" means any person connected to the Website montagut.com and / or making a purchase via one
Article 3: Order
3.1 Conditions for placing an order You state be at least 18 years and have the legal capacity or holds parental permission to place an order on the merchant's site. Website montagut.com is exclusively for consumers. Purchases made from the website montagut.com are for your personal use, including personal gifts, and shall be neither sold nor used in a commercial context or used for commercial gain. We reserve the right to refuse orders for quantities multiple of the same item from a single client or for a single mailing address.
3.2 Command 3.2.1. Registration of the order Customers wishing to order the selected or the different products of their choice by clicking "add to cart". At any time, customers can:
- Check the number of items in his cart, and get detailed information about each of them by clicking on "basket";
- Continue its selection of items leaving the button "continue shopping";
- Finish the order by clicking the "next" button.
Every new customer must fill in the fields that are proposed to create a customer account. The customer must accurately complete the form available to him on which he will particularly include the information necessary for identification, including its email address and a password of his choice which will be personal and confidential, these items will subsequently be used for the identification on the website. Any customer already holding an account must be identified after clicking "validate" by entering its email address and password. The client accepts that the data capture of these two identifiers constitutes the evidence of his identity. The provision of personal data collected as part of distance selling is required, this information is necessary for processing and delivery of orders and for preparing invoices. This information is strictly confidential. After learning of his order, and once all the informations requested have been completed by the client, he becomes aware of the Conditions of what he certifies by checking the box provided for this purpose.
3.2.2. Order Validation The validation of the confirmation of the basket is an electronic signature. The signing between the parties, has the same value that a handwritten signature and is proof of the entire order and payment due in pursuance thereof. Pursuant to the provisions of Article 1369-2 of the Civil Code, you will have the opportunity before validating your order, to check the details thereof and to correct any errors before confirming your order and to express your acceptance.
3.2.3. Acknowledgement of receipt of order After placing your order, we will send you an e-mail confirming it. We will notify you of sending your items. However, you can modify your order until the date of sending items. Once completed, your order constitutes acceptance of our offer, including the acceptance of the price offered and listed products. Therefore, when you confirm your order, you agree to be bound by our society to a contract of sale, subject to product availability and confirmation of your payment as provided below. Pursuant to Article L 122-1 of the Consumer Code, we have the right to refuse any order or abnormally placed in bad faith. In addition, we reserve the right to refuse any order from a customer with whom there is a dispute over payment of a previous order.
3.2.4. Proof of the order E-mails are valid between the parties, as well as automatic recording systems used by the Website montagut.com.
Article 4: Products
Only products on the Website montagut.com the day of its consultation are offered for sale. Product offerings and prices are valid while stocks last and subject to availability. The characteristics of the products you order, are listed on the website pages montagut.com. All products are conform to current standards in France and the photographs illustrating the products are not contractual.
Article 5: Prices
5.1 The prices displayed on the website montagut.com are indicated in euros all French taxes included (French VAT and other taxes). For consumers outside of this area, other currencies will be proposed without application of French taxes. The VAT rate is the one in vigor during the order validation. If modified downward or upward, this change is immediately reflected in prices. We reserve the right to change prices at any time. 5.2 Despite our best efforts, there may be a few among of the items on our website which includes a pricing error. Rest assured however that we will conduct price verification during the process of sending your article. If the correct price is lower than the price displayed on the site, we will apply the lowest price and we will send your article. If the correct price is higher than the price displayed on the site, we will notify you and will cancel your order unless you choose to accept the order at the new price. Prices displayed on site montagut.com are exclusive of delivery charges. The costs of transportation incurred in the delivery of items will automatically be displayed on the website during the checkout process, and communicated to you again in the confirmation of this order by email. Accordance with the provisions of section 121.19 of the Consumer Code, you will receive, upon delivery to each article, written confirmation of the purchase price and shipping at your office.
Section 6: Availability and Delivery
6.1 Availability 6.1.1 We can not accept orders only within the limits of available stocks. We will inform you of the availability of items sold on the site montagut.com on the information page of each article. If, despite our vigilance of the items are unavailable, we will notify you by email as soon as possible.
6.1.2 In case of unavailability by the deadline, we reserve the right to offer you a replacement, an article of a quality and equivalent price. In this case, the cost of returning the goods following exercise of any right of withdrawal will be at our expense. In case we could not provide you a quality article and equivalent price or if you do not want this article quality and equivalent price, you may cancel your order.
6.1.3 In case of permanent unavailability, and if we can not provide an item of equivalent quality and price, the order will be automatically canceled . Therefore, if an article is not available and no replacement item could be delivered to you, the means of payment will not be charged.
6.2 Delivery Your package will be transported by the service Chronopost or Colissimo if the order is delivered in France. It will be delivered to your home or in a approved package Relay or in a post office (or space Cityssimo). If absent from your home during delivery, a second pass is then performed, or possible removal by post office. If the order is delivered in a country other than France, the package will be transported by FedEx and delivered to your home. You will receive a tracking number. Your mobile phone number is necessary for us to send the package. Do not forget to indicate your phone number while registering. If absent, the other two delivery attempts will be made (with calling card) in the following days. If the three delivery attempts are unsuccessful, FEDEX retain the parcel for five (5) days, pending your instructions. Then, the package will be returned. In any event, the maximum delivery time shall be thirty (30) days and, abroad, forty-five (45) days. If you refuse your package when FEDEX delivers it to you, we agree to the right to withhold charges (shipping costs, customs fees, management fees).
Article 7: Receipt of Order
Upon receipt of the order, you must check the conformity of the goods supplied against the order. Any anomaly concerning the delivery of products such as missing or damaged, a damaged package, must be notified within fifteen (15) days of receipt of the order. Any claim beyond this time will be considered inadmissible and our liability will be incurred as a result. If delivery of an item is not conform or damaged in transit, thank you kindly contact customer service by email ( serviceclient@montagut.com ). If we agree to replace a damaged or non-conformity with your order, you must return it to us before any exchange. Refer to the procedure outlined in Article 12. If unable to return, we will send you a refund corresponding to the items involved (including any original shipping costs and the cost of returns on receipts). If returns are abnormal or improper, we can refuse to serve any further order. In case of incomplete address, incorrect address, the parcel is refused by the addressee or lack of information makes it impossible to deliver the product to the recipient on time, We will not be held responsible for the final quality of this delivery. If this lack of information leads to a second presentation to the recipient, We will be entitled to ask the cost corresponding to this second delivery. If the recipient is absent, We can not be held responsible for the final quality of delivery.
Article 8: Duties
Any order placed on the site montagut.com and delivered outside of France may be subject to taxes and customs duties that are levied when the package reaches its destination. These tariffs and these taxes due to the delivery of an item are your responsibility. We are not required to check and inform you of customs duties and taxes. To know them, you can check with the relevant authorities in your country.
Article 9: Payment and Default
The payment of items ordered is made online via Paypal, Mastercard or Visa bank, American Express following the instructions on the page regarding payment. Payment for items is done on the site SOGENACTIF of Societe Generale. This implies that no banking information concerning you is transmitted to the Site montagut.com . Payment by credit card or Paypal account is secure (SSL). Cards issued by banks outside of France must be international bank cards. The full payment including shipping will be charged to your credit card or your Paypal account after checking the availability of products ordered, at the time or shortly before shipping the products to you. We do not deliver the products only if your payment is made. You confirm that the card used is yours. All cardholders are subject to validation checks and authorization by the card issuer. If your card issuer refuses to authorize payment, we reserve the right to refuse to proceed with the delivery of your order and will not be liable for any delay or any failure to deliver. We will send an email to inform you of the reasons. You can pay your order in a currency offered by our website montagut.com. In this case, the price of the item is displayed in the selected currency. As the exchange rate is updated regularly, you will not be able to challenge the conversion rate. In the case of delay in payment of the price, we will be entitled to claim late payment interest calculated on the basis of the legal rate in force and effect from the date of somation to pay.
Article 10: Billing
If we choose, or are required by law, to issue or provide an invoice, we reserve the right to issue or provide electronic invoices, and you agree that billing.
Article 11: Right of withdrawal
You have the right of withdrawal of thirty (30) days from the date of receipt provided by law to return at your expense (s) item (s) commanded without having to justify the reason or to pay penalties. The articles covered by this right of withdrawal must be returned in their packaging and original packaging, in mint condition. You can only return items that were purchased directly on the site montagut.com. If you buy your products MONTAGUT ® in a store retailing on another website or other point of sale, the item must be returned to the store or site on which they were purchased. The cost of return postage is not refunded when the return comes from outside metropolitan France. The returns from out metropolitan France will be accepted only in the limit of 1 piece per shipping or a maximum value of 150 euros per shipping. We reserve the right to refuse the return of goods that have not been returned in accordance with the provisions set forth in this section and we may ask for payment of transportation expenses for returning each commodity at the delivery point specified. Subject to the conditions mentioned above, we will refund the amount of the order within thirty (30) days from receipt by us of items for which you have exercised your right of withdrawal. For the costs of product returns, section 12.3 is applicable. Than the cases referred to in Article 12.3, the cost of returns are your responsibility.
Article 12: Returns and exchanges
12.1 Without prejudice to the legal guarantee and the right of withdrawal, you have a period of thirty (30) days from the date of receipt to return items ordered by you or for exchange. If within thirty (30) days expires on a Saturday, Sunday or holiday, the deadline is automatically extended to the next business day.
12.2 Only items returned within this period in their original packaging, complete, unwashed, unworn and in new condition will be such a return or exchange and attach the original packaging and all accessories related products, such as labels or instructions for use, and the original invoice.
12.3. For products in France, the return postage will be reimbursed as part of the proceedings under this section by us under the following conditions: - Returned products must be addressed only by letter or parcel followed up (colissimo) and postage at the current rate. Returns in shipping (Chronopost, UPS, TNT ...) will not be refunded, - The amount of return shipping will be refunded on proof under the terms of Article 12.4
12.4 If during the time of exchange the requested new items you want are not available, We will refund the purchase price within fifteen (15) days from receipt of initial articles by us.
12.5 After review by the quality control department, we will send you a refund for returned products, and under the conditions laid down in Article 12.3 of the costs of returning, in recrediting credit card or Paypal account used when placing your order, at the latest, within thirty (30) days of receipt of returned products if the conditions of this section are met. 12.6 Prior to any return, please refer to the procedure "How to return a product." Customer service is available to indicate the procedure and make the process easier for you ( serviceclient@montagut.com ; Tel: (33) 04 75 41 79 51) Refunds will be the conditions of Article 12 paragraph 5.
Article 13: Retention of title
13.1 The goods delivered remain our property until payment of the price.
13.2 The payment of the price means the actual receipt thereof. The mere delivery of an instrument creating an obligation to pay such a check does not constitute a payment under this clause, until said title was actually paid.
13.3 The above provisions shall not impede upon delivery of items ordered, transfer to the buyer of the risks of loss or damage of such items subject to retention of title, and the damage it may cause.
Article 14: Guarantees
14.1 All our products are under the statutory warranty subject to normal use and strict compliance with maintenance tips. Article L 211-4 of the Consumer Code: "The seller must deliver goods in conformity with the contract and liable for defects of conformity existing upon delivery. It also answers the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or was carried out under its responsibility. " Article L 211-5 of the Consumer Code: "To comply with the contract, the product must: 1. e suitable for the purpose usually such a product and, where applicable: - Match the description given by the seller and possess the qualities that he has presented to the buyer as a sample or model; - The features that a buyer can reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling: 2. Or have the characteristics defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and that the lattest has accepted. " Article L 211-12 of the Consumer Code "Legal action based on lack of conformity lapses two years after delivery of the goods." Section 1641 of the Civil Code "The seller is required to guarantee against hidden defects of the thing sold which render it unfit for use for which it was intended, or that decrease this use that the buyer would not have acquired, or have offered a lower price if he had known. " Article 1648, paragraph 1 of the Civil Code "The action resulting from latent defects must be brought by the purchaser within two years after the discovery of the defect."
Article 15: Claim - Information
For more information, complaint or question relating to conditions of sale over the internet or articles themselves, customers should contact Our customer service by phone: (33) 04.75.41.79.51. or email: serviceclient@montagut.com stating, where appropriate, their order number.
Article 16: Liability
16.1 We accept no liability in the event that the item delivered does not respect the legislation of the country of delivery other than France.
16.2 We are committed to provide all the care used in the profession for the implementation of the service that is offered.
16.3 While we provide the utmost care for the implementation of the service that is offered, including the accuracy of the information, descriptions, data on items offered for sale on the Site montagut.com, we would be liable for any errors or insubstantial differences that may occur with items delivered. In addition, photographs and other visual reproductions of items offered for sale on the Site montagut.com only appear as purposes and can not be seen as contractual value.
16.4 We do not incur any liability due to damages, including commercial loss, lost data, lost profits, loss of profit, etc. ... Finally, we will not be held responsible for interruptions or delays on the Site montagut . com due to maintenance execution, technical failures, of force majeure as defined in section 20.1, acts of third parties, any other circumstances beyond our control, or the inability of access for any period whatsoever, to the Site montagut.com due to causes beyond our control such as computer failure, interruption of the telephone network, the Internet, failure of the customer receiving equipment.
Article 17: Protection of personal data
17.1 In providing information on the Site montagut.com, you warrant that you use your real identity and that all information provided are true, accurate, current and complete when you provide this information. In placing an order, you agree and understand that we may store and process your personal data. If you find that one or more of the transmitted informations are incorrect or no longer valid, you must change them. Otherwise, we will not be liable for any consequences that might ensue. You have a right to access, rectify and oppose your personal data (Data Protection Act of January 6, 1978 update by the Act of August 6, 2004, update by the Act of May, 25, 2018). You can write a letter to Bonneterie Cévenole, A l’attention du Délégué à la Protection des Données, 1001 avenue de la République - 07 500 GUILHERAND-GRANGES or by e-mail : dpo@montagut.com
17.2 We guarantee that your data will not be transferred to external entities and are useful for the smooth progress of your order. We are committed to protecting your privacy. All these data are treated with strict confidentiality in accordance with our policy of Protection of Personal Data. Similarly, your bank details are processed securely. We fully respect the privacy of those accessing and using this Site montagut.com. The personal data are processed by us for purposes of customer relationship management and prospecting.”
17.3 In placing an order, you agree and understand that we may store and process your personal data. We fully respect the privacy of those accessing and using this Site montagut.com. We are committed to protecting your privacy. All these data are treated with strict confidentiality in accordance with our policy of Protection of Personal Data. Similarly, your bank details are processed securely. The personal data are processed by us for purposes of customer relationship management and prospecting. To allow you to receive offers from our partners, we may need to communicate this information in accordance with the Data Protection Act of January 6, 1978 update by the Act of August 6, 2004. You have a right to access, rectify and oppose your personal data.
Article 18: Availability and use of the Site montagut.com
The site montagut.com is made available in the state. We do not warrant that the Site including montagut.com will be continuously available 24 hours on 24 and completely operational. For example, access to the Site montagut.com can be interrupted without notice in case of technical problems or for maintenance reasons. It is your responsibility to protect your computer. We will not be liable for damages that may be caused to your computer or data loss that may result from use of the Site montagut.com.
Article 19: Intellectual property law
Your use of the Site montagut.com confers you no intellectual property rights on the Site and its contents montagut.com. You have no rights on our particular creations protected by copyright, our designs and our brands, or on those belonging to others. We make available the Site montagut.com solely for personal use and not commercial. Site content montagut.com can not be used for other purposes whatsoever without our express permission in writing
Article 20: Other stipulations
1.20 Force Majeure We will not be made liable to you for any delay or breach of our obligations resulting from a force majeure, including fires, floods, earthquakes, strikes, power cuts, acts of war, attacks or natural disasters.
20.2 Entire Agreement The TOS and the order form a contract which expresses all contractual obligations agreed to, and supersedes all written or oral agreements, all correspondence or previous proposals for the same purpose.
20.3 Invalidity If any provision of the TOS proved invalid under a law in force or a court decision becomes final, it would then be disregarded without invalidate the Contract or alter the validity of their remaining provisions.
20.4 Waiver The fact that we do not claim the application of any provision of the TOS or the Contract whether permanently or temporarily, shall be construed as a waiver by us in the right recognized in any of our rights.
Article 21: Applicable law and jurisdiction
The Terms are governed by French law. The language is French. Any dispute concerning the interpretation or execution of this contract will be subject to the French courts, only competents.
