CGV
1. Preamble
The purpose of these conditions is to define the rights and obligations which unite derive-biarritz.com and its customers.
They apply to any person visiting and / or purchasing (hereinafter referred to as the Customer) an item offered for sale on the derive-biarritz.com site.
2. Acceptance of conditions
The present conditions can be consulted at any time by the Customer by clicking on the heading general conditions of sale.
Consequently, the Customer acknowledges having read, at the time of placing his order, the special conditions of sale stated on this screen and expressly declares to accept them without reservation.
The general conditions of sale will prevail over all other conditions appearing in any other document.
3. Ability to contract
The Customer guarantees that he is fully authorized to use the bank card he is using, that it is a personal card and that it is not a card fraudulently used.
The Customer must declare to be at least eighteen years old and have the legal capacity, or hold a legal authorization, allowing him to access and purchase online. derive-biarritz.com reserves the right to refuse an order from a Customer with whom there is a dispute.
4. Products
The photographs representing the objects are the most faithful but can not ensure a perfect similarity with the product offered. They have no contractual value. derive-biarritz.com takes the greatest care in uploading information including a full description of the articles.
However, in the event that errors were introduced, in any case, the responsibility of derive-biarritz.com could not be engaged.
In order to constantly improve its services, Drift invites the Customer to inform him of any errors that he may have noticed through the “Contact” section. The Customer who is not satisfied with the conformity of the delivered goods with the description which will have been made on the site, can exercise the right of withdrawal which is allotted to him, within a period of 7 days as defined in the article 9.
Please note that some products offered are old, they have traces of time, scratches, imperfections and are sold as is and without warranty.
5. Price
The price is expressed in euros.
The price indicated on the product sheets does not include transport.
The price indicated in the order confirmation is the final price, expressed inclusive of all taxes for France. This price includes the price of the products, handling costs, packaging of the products, transport costs. derive-biarritz.com reserves the right to modify its prices at any time. In the event of a modification, the price invoiced to the Customer is that entered in the order form and accepted by the Customer at the time of its validation.
The products remain the exclusive property of derive-biarritz.com until full payment of the goods. Prices are not negotiable.
6. Availability
Product offers are valid as long as they are visible on the site within the limits of available stocks. derive-biarritz.com will do its best to process all orders. However, in the event of unavailability of the product after placing the order, the customer will be informed by email or by post. The customer's order will be automatically canceled and the amount paid by the customer for the missing item will be credited within thirty days to his bank account.
7. Order
The "basket" virtually allows the Customer to select the items he likes. The Customer can consult it, complete it or modify it at any time during his visit to the derive-biarritz.com site.
The contents of the basket will be definitively allocated to the Customer after the latter has validated his basket and his delivery address, subject to the availability of the items.
The automatic registration systems are considered as proof of the nature, content and date of the order. derive-biarritz.com confirms the acceptance of his order to the customer at the email address that he will have communicated. The sale will not be concluded until the order has been confirmed. derive-biarritz.com reserves the right to cancel any order from a customer with whom there is a dispute over payment for a previous order. The information provided by the Customer when placing the order commits the latter: in the event of an error in the wording of the recipient's contact details, the seller cannot be held responsible for the inability to deliver the product. In this context, all costs incurred for the return will be the responsibility of the customer.
8. Payment
The price of the products is payable in cash on the day of the actual order.
Payment is made by:
Bank card
The non-performance by the customer of his payment obligations gives the seller the right to demand the immediate return of the goods delivered at the expense and risk of the customer.
In accordance with article L441-6 of the Commercial Code, late penalties are applicable in the event that the sums due are paid after the date of payment appearing on the invoice. These late payment penalties are calculated on the basis of 15% per year. A flat-rate recovery indemnity of 40 € per invoice is payable under the decree of 02-10-2012 for professional customers.
9. Security - Confidentiality
The bank card number is directed to the bank's servers, payment is made directly to a bank without going through the store's server, in order to guarantee the customer that their numbers are known only to the banking partner of derive-biarritz.com the Paypal bank and inaccessible by a third party. derive-biarritz.com therefore never has access to confidential information relating to the means of payment. This is why the customer's bank details will be requested for each new order.
RGPD: Only the data strictly necessary for the smooth running of the transaction (name, address, email and telephone number) are collected. They are kept for personal use and not used except for very rare mailings to which you can unsubscribe. Credit card payments are not processed directly by the site, but by secure means such as paypal and payplug, so we do not have access to your bank details.
If you no longer wish to be part of our customer files, please send us an email so that we can erase your data.
10. Delivery
After placing an order, the customer will receive at the Internet address that he will have indicated in the form, an email specifying the elements of his order and its registration.
Your orders are shipped as quickly as possible by drift. The delivery time is indicated on the product sheet when it exceeds 7 days, because the part is made to order, and it is necessary to count the time of realization and creation.
The delivery time noted for a shipment by Colissimo is 48 to 72 hours for mainland France. In the event of absence during delivery, a calling card is left at the delivery address indicated by the customer, which allows the latter to collect their package at the nearest post office. The packages are kept pending at the Post Office for 15 calendar days. In the event of non-withdrawal within the time limits set by the carrier, the products will be returned to the sender who reserves the right to reimburse the price of the products, the shipping costs remaining the responsibility of the customer.
Shipping costs are calculated as accurately as possible according to the weight and size of your order. They include packaging, handling and postage.
Drift recalls that it is the customer's responsibility to inspect their packages upon receipt in the presence of the delivery person and to notify any anomaly (damaged package, delivery date not in accordance with the normal delivery service deadlines) to the carrier, as well as drifting within two working days. In the absence of reservation, the product is deemed accepted by the customer and cannot be the subject of any dispute concerning its delivery. drift reminds us that the risks of transport are borne by the customer.
In the event of a delay in delivery compared to the deadlines announced by the carrier, the customer must first contact the carrier, in order to see if the package is not pending. If applicable, the customer must formulate a reasoned protest to the postal services, within three working days from the expected date of delivery, in order to open a dispute or investigation file to search for the package. .
The main geographic delivery area of the www.dérive-biarritz.com store is as follows:
Metropolitan France, Corsica, Monaco and Andorra.
European Union, Switzerland, Norway (the shipping costs are then to be reconsidered according to the "International zone A" rates of La Poste)
For the rest of the world: the customer can contact us via the contact section of this site for more information on the delivery conditions in his country.
11. Withdrawals and returns
In accordance with Macron law, the customer has a period of 14 days, from the date of receipt of the goods, to withdraw without giving any reason. This right is exercised by returning the product, the shipping costs remaining the responsibility of the customer.
After this period, the products delivered will be compliant and accepted by the customer, Drift reserves the right to refuse the exchange or refund.
To exercise this right of withdrawal, you must use the withdrawal form to download in order to return it by registered letter with acknowledgment of receipt or colissimo, accompanied by new item (s) in its (their) packaging ( s) original, intact, accompanied by the original invoice to
derivative
PY MORICE
14 rue de la Cité
64200 Biarritz, FRANCE
It is up to the customer to keep any proof of this return and its date, therefore to send the package by registered mail.
In the event of exercise of the right of withdrawal, derive-biarritz.com is required to reimburse equal to the purchase price of the product (s) purchased and returned, free of charge, with the exception of return costs, which remain the responsibility of the customer. The reimbursement (product amount + initial shipping costs) is due within a maximum period of 14 working days from the date of information by the customer of the desire to be reimbursed.
It should be noted that this deadline will be respected if the goods are recovered by drift within 14 working days, the reimbursement may be deferred until the total recovery of the items.
Items returned incomplete, spoiled, damaged or deteriorated cannot be taken back by derive-biarritz.com.
With reference to article L.121-20-2 the products produced according to specifications taken by the customer or personalized (sizes outside the sizes indicated in the site) are excluded from the right of withdrawal
The right of withdrawal is exercised under the same conditions from the order, before delivery.
12. Personal information
The data collected is confidential and derive-biarritz.com undertakes not to communicate, free of charge or with compensation, the customer's contact details to a third party.
13. Modification of the General Conditions of Sale
derive-biarritz.com reserves the right to modify these General Conditions of Sale at any time.
The customer is therefore invited to consult them regularly.
By validating his orders, he accepts the new terms of the General Conditions of Sale.
14. Liability, Litigation and Competent Courts
This contract is subject to French law. derive-biarritz.com cannot be held responsible for any damage of any kind, whether material, immaterial or bodily, which could result from a malfunction or from the improper use of the products sold. Some products, for the most part manufactured several decades ago, often do not meet current safety standards. It is the same for the possible modifications of the products resulting from the manufacturers.
a responsibility for derive-biarritz.com will, in any event, be limited to the sole amount of the order and cannot be blamed for simple errors or omissions which may have remained despite all the precautions taken in the presentation of the products. .
15. Intellectual property
All the elements of the derive-biarritz.com site, whether visual or graphic used, are protected by copyright, trademarks or patents. They are the exclusive property of the drift company. Consequently, the partial or total reproduction, on any medium whatsoever, of the elements making up the derive-biarritz.com site, their use and their making available to third parties are strictly prohibited.
16. Legal notices
PY MORICE, 14 rue de la Cité, 64200 Biarritz
Mail: derivebiarritz@gmail.com
Site name: www.derive-biarritz.com
SIREN:
VAT not applicable: art 293B of the general tax code