Article 1 • Purpose and acceptance of the T&Cs
LOISE EN CUISINE (hereinafter “RODOL’F LE ROULEAU”) designs and markets kitchen utensils (hereinafter “Products”) under the brand name “RODOL’F LE ROULEAU”.
These general conditions govern the sales of Products made by RODOL’F LE ROULEAU on the website www.rodolflerouleau.com (hereinafter the “Site”) to any major natural person acquiring the Products for use outside his professional activity, for delivery in metropolitan France, the French overseas departments and territories, Andorra and Europe (hereinafter the “Customer”).
When the Customer clicks on the “Validate the order” icon and tick the box “I have read the general terms and conditions of sale and I agree with them without reservation” in order to confirm his order for the Product(s) he has selected, he acknowledges having read the present general terms and conditions of sale and accepting them without reservation.
The Client is therefore invited to read carefully the following clauses.
The Customer may not purchase any of the Products presented on the Site without first having accepted these General Terms and Conditions of Sale.
The consultation of the Site by the Client is also subject to the General Conditions of Use available on the Site of which the Client declares to have read and accepted without reservation.
RODOL’F LE ROULEAU reserves the right to modify these General Terms and Conditions of Sale at any time by publishing a new version on the Site.
The applicable General Terms and Conditions of Sale are those in force on the Site on the date of placing the order by the Customer.
For the purposes hereof, it is agreed that the Customer and RODOL’F LE ROULEAU are collectively referred to as the “Parties” and individually referred to as the “Party”.
Article 2 • Products
2.1 Essential product characteristics and presentation
RODOL’F LE ROULEAU informs the Customer of the essential characteristics of the Products offered for sale, relating, in particular, to :
- the model,
- the Product references,
- the price,
- the characteristics,
- etc. . . .
The representation of the Products on the Site is not contractual. As computer or smartphone screens may alter or change colors differently as well as the appearance of the materials RODOL’F LE ROULEAU is not responsible for the accuracy of the colors of the Products or the appearance of the materials posted on the Site.
2.2 Product Availability
RODOL’F LE ROULEAU undertakes to honour online orders within the limits of available stocks.
The Products available are those appearing on the Site on the day of its consultation by the Customer, unless otherwise specified.
At any time, RODOL’F LE ROULEAU reserves the right to stop marketing a Product, without these affecting orders already placed for said Product.
In the absence of availability, RODOL’F LE ROULEAU undertakes to inform the Customer as soon as possible by e-mail.
The Customer may then cancel his order.
In the event of cancellation, the Customer will be refunded within a maximum of fourteen (14) days of receipt of his refund request if payment has already been made.
2.3 Registered designs
The Products are registered designs. The reproduction, representation and marketing rights of the models presented on the Site belong to RODOL’F LE ROULEAU.
Article 3 • – Price – delivery costs
The prices are indicated in euros inclusive of all taxes, excluding transport costs and customs duties or other duties and/or taxes related to the importation of the Products into the Customer’s country, if any, for which the Customer will be responsible.
It is specified that the value-added tax is the French VAT at the standard rate in force on the day the order is validated.
If the VAT rate is changed, these changes may be reflected in the price of the Products.
RODOL’F LE ROULEAU reserves the right to modify the prices indicated on the site at any time and without notice. The Products will be invoiced based on the rates in force at the time of validation of the order by the Customer
Processing, packaging and delivery costs are free for Metropolitan France for orders over 170€.
Shipping costs in Europe (excluding France) are from 11 euros depending on the country.
Deliveries outside Europe are currently only possible on request.
Article 4 • Client account
Orders are placed online, directly on the Site.
During the first order, the Customer has the possibility to create a customer account: an e-mail and a password must then be entered by the Customer.
In the event of loss of his password, the Customer enters his e-mail address in the corresponding field and the system automatically sends it back to his e-mail address.
The information provided by the Customer when creating the customer account is binding on the Customer. In the event of an error, in the wording of the recipient’s contact details, RODOL’F LE ROULEAU cannot be held responsible for the impossibility in which it may be to deliver the Products.
Article 5 • Placing an order
The Customer places his order from the Products presented on the Site and chooses the number of Products. Any order implies acceptance of the price corresponding to the Product(s) ordered.
It also indicates the delivery address, chooses the delivery method and the payment method.
Once the order has been filled, the Customer has the possibility to check the Product(s) ordered, the number and the total price of his order in a summary. He can, if he wishes, modify his order or cancel it.
He validates his order by clicking on the button “validate the order”, he then declares to accept it as well as all the present General Conditions of Sale, without reserve.
Finally, the Customer makes the payment. He has the possibility to print his order form.
As soon as his order is registered and at the latest at the time of delivery of the Product, an acknowledgement of receipt of the order is sent to him at the e-mail address he has provided.
This acknowledgement of receipt is precise:
- the order number,
- the essential characteristics of the Product,
- the quantity of Products,
- the amount invoiced, including transport costs,
- confirmation of payment,
- the terms and delivery address of the order,
- the contact details of RODOL’F LE ROULEAU,
- information on after-sales service and commercial guarantees, if applicable,
- a reminder of the legal guarantees of conformity and hidden defects;
- information relating to the terms and conditions for the exercise of the right of withdrawal by the Client.
This acknowledgement of receipt validates the transaction. The Customer accepts that the computerized order recording systems are proof of the purchase and its date.
RODOL’F LE ROULEAU reserves the right to refuse or cancel any order from a Customer in the event of:
- dispute relating to the non-payment of a previous order existing with the Customer;
- orders that are abnormal in relation to the quantities ordered
Article 6 • Payment and retention of ownership
All payments are made directly on the Site, when ordering, in euros.
At no time may the sums paid be considered as a deposit or instalments.
Payment is made by credit card or Paypal account.
Payments by credit card are made through the secure system MONETICO Paiement (CIC Bank) which uses the SSL (Secure Socket Layer) protocol so that the information transmitted is encrypted by software and no third party can access it during transport on the network.
The transaction is immediately debited to the Client’s credit card after verification of the latter’s data, upon receipt of the debit authorization from the company issuing the credit card used by the Client.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By communicating information relating to his credit card, the Customer authorizes RODOL’F LE ROULEAU to debit his credit card for the amount corresponding to the price of the Products to which are added the delivery charges, all taxes included.
To this end, the Customer confirms that he is the holder of the credit card to be debited, that the name on the credit card is indeed his and that he has the necessary authorisations to make the payment if necessary. The Client communicates the sixteen digits and the expiry date of his credit card as well as, if applicable, the numbers of the visual cryptogram.
In the event of fraudulent use of his credit card on the Site, the Customer is invited to contact RODOL’F LE ROULEAU at the following number: 06.10.77.77.64.96 from Monday to Friday from 9am to 12pm – 2pm to 6pm or by email at the following address: info@rodolflerouleau. com
If the debit of the sums due by the Customer is impossible, the online sale will be immediately cancelled by operation of law and the order will be cancelled.
A detailed invoice is sent by e-mail to the Customer for each order. The invoice also remains available in the customer account.
The Products remain the property of RODOL’F LE ROULEAU until receipt of all sums due by the Customer in respect of the Order, including costs and taxes.
Article 7 • Securing payments
Transactions carried out on the Site are secured via the MONETICO secure system.
The Customer’s data may not be detected, intercepted or used by third parties. At no time do the Customer’s financial data transit on the computer system of RODOL’F LE ROULEAU. The MONETICO system checks that the connection with the Client’s browser is secure before sending the payment form to the banking institution that carries out the financial transaction.
MONETICO being a technical service provider, it does not handle disputes related to orders which are processed directly by RODOL’F LE ROULEAU as specified above or, where applicable, by the Customer’s bank.
Article 8 • Delivery
The Products are delivered to the delivery address indicated by the Customer during the ordering process. It is the Customer’s responsibility to check the completeness and conformity of the information he provides to RODOL’F LE ROULEAU, the latter being, under no circumstances, responsible for any input errors and the consequences in terms of delay or delivery error. In this context, all costs incurred for the reshipment of the Products will be entirely at the Customer’s expense.
RODOL’F LE ROULEAU will ship orders with a delivery note within a maximum of 72 hours (working days) for delivery to Metropolitan France, and from 2 to 6 days for delivery to any other destination. These delays are not guaranteed by the carrier.
It is specified that the delivery times indicated are in working days, excluding Saturdays, Sundays and public holidays, and correspond to the usual average times including the processing, preparation and delivery times of the order. They run from the date of confirmation of the order by RODOL’F LE ROULEAU.
In the event of exceeding the delivery date, the Customer has the possibility to obtain the cancellation of the sales contract by sending a registered letter with notice of termination to the following address; LOISE EN CUISINE- Immeuble Les Grangettes – Rue des Rois- 73210 COURCHEVEL VILLAGE if, after having ordered RODOL’F LE ROULEAU to make the delivery within a reasonable additional period, the latter has not been carried out within this period.
The contract is, where applicable, considered terminated upon receipt by RODOL’F LE ROULEAU of the letter, unless it has made delivery in the meantime.
In the event of termination, the Customer shall be reimbursed, by any means of payment, for all sums paid, as soon as possible and at the latest within fourteen (14) days following the date of receipt of the letter by RODOL’F LE ROULEAU.
RODOL’F LE ROULEAU cannot be held responsible for the non-performance of the contract, in particular in the event of failure to deliver, due to the Customer (incorrect information of the delivery address), to an unforeseeable and irresistible event of a third party to the contract or to a case of force majeure.
The amount of delivery charges depends on the geographical area of delivery and the weight of the order. In any case, the amount of the delivery costs is indicated to the Customer before the validation of the order.
RODOL’F LE ROULEAU reserves the right to choose the delivery method and carrier, depending on the nature and weight of the Products ordered.
Article 9 • Receipt of the order and conformity of the Products
At the time of receipt of the Products, the Customer is required to check the condition of the packaging and the integrity of the delivered Products, and to issue, where applicable, any reservation and complaint on the carrier’s delivery note and to inform RODOL’F LE ROULEAU by sending a copy of the reservations made with the carrier by post or e-mail within 2 working days following the delivery date of the Products to the following address:
LOISE EN CUISINE – Les Grangettes- Rue des Rois – 73120 COURCHEVEL VILLAGE or email@example.com
The Customer must also notify RODOL’F LE ROULEAU within 2 days of delivery of any claim of delivery error and/or missing items. Any complaint made after this deadline will be rejected without any possibility of appeal.
The Customer is also required to check the conformity of the Products received in execution of his order at the time of delivery. Any non-conformity or defect must be notified to RODOL’F LE ROULEAU within the legal deadlines.
In this respect, it is recalled that RODOL’F LE ROULEAU is liable for defects in the conformity of the Product under the conditions of Article L. 217-12 et seq. of the Consumer Code and for hidden defects in the thing sold under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
When acting as a legal guarantee of conformity, the Client:
– has a period of two years from the delivery of the property to act;
– may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;
– is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The Customer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code in which case, he may choose between cancelling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
Notwithstanding the application of the legal guarantees detailed above, the guarantees offered by RODOL’F LE ROULEAU for each of the Products are detailed in the “Product Guarantee”.
Text in force:
Article L217-4 of the Consumer Code
The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code
The property is in conformity with the contract:
1° If it is suitable for the use usually expected of a similar property and, if 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 can legitimately expect in view of the public statements made by the seller, the producer or his representative, in advertising or labelling;
2° Or if it has the characteristics defined by agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-6 of the Consumer Code
The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately unable to know them.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity shall be barred after two years from the date of delivery of the goods.
Article 1641 Civil Code
The seller is bound by the warranty for hidden defects in the thing sold that make it unfit for the use for which it is intended, or that reduce this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them.
Article 1648 paragraph 1 Civil Code
The action resulting from the fundamental defects must be brought by the purchaser within two years of the discovery of the defect.
In the event of a return for non-conformity or hidden defect, the Customer must make a request to RODOL’F LE ROULEAU’s customer service department by e-mail to the following address: firstname.lastname@example.org, stating in detail the defect or non-conformity found.
RODOL’F LE ROULEAU will examine the Customer’s request and will proceed, at the Customer’s choice, to the exchange or refund of the Product(s), shipping and return costs, if this is justified.
No return for non-conformity or hidden defect will be accepted without prior validation by RODOL’F LE ROULEAU.
In any event, the warranty is excluded in the event of non-compliance by the Customer with the “Instructions for Use and Maintenance of the Products” or for any abnormal use of the Products, or for purposes other than those for which they were designed.
Article 10 • Right of withdrawal
In accordance with the provisions of the Consumer Code, the Customer has a period of fourteen (14) clear days from the receipt of the Products to exercise his right of withdrawal, without having to justify his reasons or pay penalties, except for return costs, by completing the standard withdrawal form available on the Site or by sending an e-mail to the following address: email@example.com The Customer will then receive, without delay, an acknowledgement of receipt of his withdrawal by e-mail.
Within fourteen (14) days following the transmission of the withdrawal form or email to RODOL’F LE ROULEAU, the Customer must return the Products to the following address:
BJ Logistique – SAV Pour Rodol’f le Rouleau -ZAC de Bromines – 180 route des Prés Rollier,74330 SILLINGY – France
The package must be accompanied by the duly completed return form (downloadable here)
It is the Customer’s responsibility to keep the proof of delivery of the package that will be given to him by La Poste, the stamp of La Poste being proof of the date of return of the Product. The return being the responsibility of the Customer, in case of loss of the package, no refund can be made.
RODOL’F LE ROULEAU undertakes to reimburse the Customer, using the same means of payment as that used by the Customer for the initial transaction, the price of the Product as well as the standard delivery charges, without undue delay and at the latest within fourteen (14) days following the date of recovery of the Products.
The return costs and risks are at the customer’s expense.
The right of withdrawal can only be exercised for complete returned Products in perfect condition, clean, in their packaging. Products returned incomplete, damaged, soiled, damaged or unfit for sale, for any reason whatsoever, will not be taken back.
The Customer is liable for any depreciation of the Product resulting from manipulations other than those necessary to establish its nature, characteristics and proper functioning.
Article 11 • Liability
RODOL’F LE ROULEAU cannot be held liable in the event of non-compliance with the legislation of the country where the Product is delivered. It is therefore the Client’s responsibility to check with local authorities the possibilities of importing or using the Products.
RODOL’F LE ROULEAU cannot be held liable for any inconvenience or damage inherent to the use of the Internet network, a breakdown of the service, an impossibility to access the Site, an external intrusion or the presence of computer viruses, or any fact qualified as force majeure, in accordance with French case law. The Customer is solely responsible for any damage caused to the Customer or to a third party resulting from improper use of the Products and the liability of RODOL’F LE ROULEAU can under no circumstances be sought in this respect.
Article 12 • Customer service
For any information, question or complaint, the customer service of RODOL’F LE ROULEAU is at the disposal of the Customer:
- by email : rodolflerouleau@gmail. com
- by post : LOISE EN CUISINE- Immeuble Les Grangettes – Rue des Rois- 73210 COURCHEVEL VILLAGE
- by phone at 10.77.64.96 from Monday to Friday 9am – 12pm – 2pm – 6pm
Article 13 • Personal data
Typology of the data collected:
The personal data collected and subsequently processed by RODOL’F LE ROULEAU are those that the Customer voluntarily transmits via the form and concern, at a minimum, the Customer’s surname and first name, a delivery address, the telephone number and a valid e-mail address.
Purposes of the collection of personal data:
The data identified as mandatory on the form is necessary for order management, payment authentication and product delivery.
Transmission of data to third parties:
They may be transmitted to companies involved in the execution of services and orders, their management, execution, payment processing and delivery.
RODOL’F LE ROULEAU undertakes not to transmit its data to third parties other than those referred to above.
Period of storage of personal data:
These data are stored and kept for the duration strictly necessary to achieve the purposes referred to above
At the very least, the data are kept for a maximum period of THREE (3) years from the end of the commercial relationship.
Right of access and rectification:
The Customer is informed that, in accordance with the French and European regulations in force, they have the following rights, subject to proof of their identity:
- The right to object, for legitimate reasons, to the processing of personal data relating to him/her other than those announced herein to which he/she has consented;
- The right to object, free of charge, to the data collected being processed commercially now or in the future by the controller;
- The right to be informed about the processing to which his or her personal data are subject;
- The right to obtain information relating to the processing of personal data managed by RODOL’F LE ROULEAU and any information enabling it to know and, if necessary, to challenge the logic underlying the processing of such data;
- The right to obtain a copy of the personal data concerning him/her, as well as a right to rectification, portability, updating or deletion of all or part of the said data;
The Customer may exercise his rights by contacting RODOL’F LE ROULEAU, indicating his full name and e-mail address, by e-mail at the following address: rodolflerouleau@gmail. com or by post to : LOISE EN CUISINE- Les Grangettes – Rue des Rois – 73210 COURCHEVEL VILLAGE.
The Customer accepts and acknowledges that he is responsible for maintaining the confidentiality of passwords associated with any account used to place orders on the Site. Consequently, the Client accepts to be the sole and exclusive responsible towards the company RODOL’F LE ROULEAU for any act performed from his account.
If the Customer becomes aware of any unauthorized use of his password or account, he agrees to inform RODOL’F LE ROULEAU without delay at the following address: firstname.lastname@example.org or by post to : LOISE EN CUISINE-Immeuble Les Grangettes – Rue des Rois- 73210 COURCHEVEL VILLAGE.
Receipt of commercial offers:
Depending on the choices made when creating or consulting the account, the Client may receive offers from the company RODOL’F LE ROULEAU and/or partners, as indicated when creating the account. If the Customer changes his mind and no longer wishes to receive commercial offers, he may make a request at any time by sending an e-mail to the following address: rodolflerouleau@gmail. com or by post to : LOISE EN CUISINE-Immeuble Les Grangettes – Rue des Rois- 73210 COURCHEVEL VILLAGE by indicating its name, first name and e-mail address.
The Customer is informed that if he does not wish to be the subject of commercial prospecting by telephone, he may register free of charge on a list opposing canvassing, for example: www. bloctel.gouv.fr..
Article 14 • Force majeure
RODOL’F LE ROULEAU cannot be held liable for any delay or breach of contract resulting from a case of force majeure, i. e. an event outside the parties, irresistible and unforeseeable.
The performance of the obligations incumbent on RODOL’F LE ROULEAU shall be suspended by the occurrence of an event constituting force majeure within the meaning of the case law of the French courts. In this case, RODOL’F LE ROULEAU will inform the Client as soon as possible of the duration of the force majeure event and its foreseeable consequences.
Article 15 • Non-waiver
The fact that RODOL’F LE ROULEAU does not avail itself at any given time of any of the clauses of these general terms and conditions shall not constitute a waiver of its right to avail itself subsequently of these same clauses.
Article 16 • Amendment
RODOL’F LE ROULEAU reserves the right to modify the provisions of these general terms and conditions of sale at any time, the Customer being bound by these modifications.
Orders will thus be governed by the version of the general terms and conditions of sale in force on the day they are validated by the Customer.
Article 17 • Independence of clauses
If one (or more) provision (s) of these general terms and conditions of sale is (are) held to be invalid, the validity of the other provisions shall not be called into question unless they are inseparable from the invalid provision.
Article 18 •Entire agreement of the Parties
These General Terms and Conditions of Sale, the General Terms and Conditions of Use of the Site and the order summary sent to the Customer form a contractual whole and constitute the entire agreement reached between the Parties.
Article 19 • Applicable law – Disputes
The sales contract concluded between RODOL’F LE ROULEAU and the Client is subject to French law, the application of any international agreement being excluded.
The language of this contract is the French language.
In the event of a dispute, the Customer is informed that he may have recourse to a consumer mediator, after the failure of an attempt at amicable settlement directly with RODOL’F LE ROULEAU, in accordance with the provisions of the Consumer Code.
The Client will find information on this subject and the list of mediators on the following website: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur
In addition, the Client has the possibility to use the European online dispute resolution (ELR) platform available by following the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
In the absence of mediation, the jurisdiction is that of the French courts, the competent court being appointed in accordance with the procedural rules in force in France at the time of the dispute.