GENERAL TERMS AND CONDITIONS OF SALE
Welcome to www.terraillon.com.
TERRAILLON SAS, registered under number 796 080 455, and its subsidiaries TERRAILLON UK Ltd, registered under number 1784508 and TERRAILLON ASIA PACIFIC Ltd, registered under number 359649, provide products which can be purchased on the website www.terraillon.com (hereinafter the "Website") under the conditions defined below.
These General Terms and Conditions of Sale and Terraillon's legal notices, available at https://www.terraillon.com/en/mentions-legales, ("Legal Notices") govern the sale of products between TERRAILLON and you.
Please read the General Terms and Conditions of Sale and the legal notices carefully before placing an order on our website. Before placing an order, you will be invited to confirm that you have read the General Terms and Conditions of Sale and that you therefore give your consent to be subject to these conditions.
1. HOW TO ORDER
If you wish to purchase one or more product(s) on the Website, you must select each product you wish to purchase and add it to your basket. When you have chosen all the products you wish to purchase, you can confirm the contents of your basket and place the order ("first click").
At this point, you will be redirected to a page showing a summary of the products you have chosen, their price and the delivery options (with the related delivery costs). You must then choose the delivery options and the methods of shipment and payment which are most suitable for you. At this stage, you can still modify your choices and correct any errors.
You then need to click on the "Place my order" button to confirm and place your order ("second click", thus concluding the contract).
After you have placed your order, we will send you a confirmation message to the e-mail address provided during the order containing a reminder of the terms of our contract and all of the information in Article L. 121-17 of the French Consumer Code.
After this, an e-mail is sent by the courier confirming the shipment of the goods and providing the tracking number. Delivery time is generally between 5 and 7 working days. Delivery is made to the home address or at the post office upon presentation of an ID card if home delivery is not possible. If the package is not collected within 15 days, it will be automatically sent back to us.
You agree to accept the invoices for your purchases via e-mail. Electronic invoices will be provided in .pdf format in the My Account/My Orders section on our Website.
When the order is for a sum equal to or exceeding EUR 120, we will ensure that the contract is stored on the Website for a period of 10 years and guarantee you access to it at any time upon your request.
2. RIGHT OF RETENTION
The products delivered remain the property of TERRAILLON until you collect them.
3. RIGHT OF CANCELLATION AND RETURNS POLICY
LEGAL RIGHT OF CANCELLATION
In accordance with the provisions of the French Consumer Code, you can cancel your order without giving a reason within 14 days from when you, or a third party nominated by yourself (other than the courier), physically took possession of the purchased goods (or of the final item, batch or part if the contract involves delivery of several goods, batches or parts delivered separately).
If this 14-day period expires on a Saturday, Sunday, a bank holiday or other non-working day, it shall be extended to the next working day.
You must inform us of your decision to cancel your order on our Website My Account / My Return and complete all information.
You have then to print the Return form generated by our Website, join it to the Product(s) you return and all these to the address indicated on the Return Form.
EFFECTS OF CANCELLATION
We will refund all payments received from you, delivery costs included, no later than 14 days from the date of receipt of your cancellation request. The payment will be made by transfer to bank details indicated in My Account / My return. In any case, this refund shall not give rise to any supplementary costs for you. We may defer payment of the refund until we receive the product(s). If the refund is paid after the deadline set out above, the amount owed to you will be automatically increased.
Please note that you must return the product(s) in accordance with the instructions available in My Account / My Return section no later than 14 days from the date you inform us of your decision to cancel the order (see previous paragraph).
Failure to return the product(s) within 14 days from the actual receipt of the order shall result in the order being deemed as accepted and no refund can be issued in the name of a legal cancellation right.
You must bear the direct costs of returning the product(s). You will be responsible for the depreciation in value incurred by the product(s) as a result of use (other than that necessary to ascertain the nature, characteristics and correct functioning of the product(s)).
4. PRICE AND AVAILABILITY
All prices are given with all French taxes included (French VAT and other applicable taxes) unless otherwise stated.
We display the availability of the products we sell on the Website on each product page. We cannot provide any more precision on the availability of the products than that displayed on this page or elsewhere on the Website. When your order is being processed, we will inform you as soon as possible by e-mail using the address associated with your order if the products you have ordered are not available. Product price will be immediately reimbursed based on information we receive from you.
Despite our best efforts, we cannot guarantee that there are no errors regarding the prices displayed for the products in our catalogue. We will check the price when processing your order and before any payment is made. If there has been an error in the price displayed, and the actual price is higher than the price shown on the Website, we will contact you to ask whether you wish to purchase the product at its actual price or prefer to cancel your order. Conversely, if the real price is lower than the price shown, we will invoice you for the lower price and send you the product.
5. CUSTOMS
When you order products on the Website to be delivered outside the European Union, you may be subject to import levies and taxes which are incurred when the package arrives at its destination. You will be responsible for paying any additional customs charges; we have no control over these charges. Since customs policies vary drastically from one country to another, you should contact your local customs service for more information. Moreover, please note that when you place an order, you are deemed as being the official importer and must comply with all the laws and regulations of the country in which you receive the products.
6. OUR WARRANTIES
You benefit from a legal warranty of conformity as per the conditions of Articles L. 211-4 and seq. of the French Consumer Code and the warranty for hidden defects as per the conditions set out in Articles 1641 and subsequent of the French Civil Code.
6.1. LEGAL WARRANTY OF CONFORMITY
To this end, we inform you that Article L. 211-4 of the French Consumer Code sets out that:
Furthermore, Article L. 211-5 of the French Consumer Code sets out that:
"To be compliant with the contract, the product must:
1. - Be appropriate for the use normally expected from a similar item and, where applicable, correspond to the description given by the seller and have the features presented to the buyer in the form of a sample or model;
- offer the features which a buyer can legitimately expect given the public statements made by the seller, producer or its representative, especially in the form of advertising or labelling.
OR
2. Offer the features defined by common agreement by the parties or be suitable for any use required by the buyer which has been communicated to and accepted by the seller."
Article L. 211-12 of the French Consumer Code sets out:
"Enactment of the warranty resulting from a non-conformity can take place within the two years following the delivery of the item".
When you enact the legal warranty of conformity:
- you have a period of two years from the delivery date of the item to act;
- you can choose between the repair or the replacement of the item, subject to the cost conditions set out in Article L. 211-9 of the French Consumer Code;
- you are exempted from providing proof of the existence of the non-conformity of the item during the six months following the delivery of the item. This period shall be extended to twenty-four months as of 18 March 2016, apart from for second-hand items.
The legal warranty of conformity applies independently of any commercial warranty which may be granted.
6.2. WARRANTY FOR HIDDEN DEFECTS
The terms of the corresponding articles of the French Civil Code are reiterated below:
Article 1641 of the French Civil Code:
"The seller is bound by the warranty for hidden defects of the item sold which make it unsuitable for its intended use or which reduces its use to such an extent that the buyer would not have purchased it, or would have paid less for it had the defects been known".
Article 1648 of the French Civil Code, Paragraph 1:
"The warranty resulting from hidden defects must be enacted by the buyer within two years of the discovery of the defect".
You may decide to enact the warranty for hidden defects in accordance with Article 1641 of the French Civil Code. In this case, you may choose between the cancellation of the sale or a reduction in the sale price (Article 1644 of the French Civil Code).
7. APPLICABLE LAW
These terms and conditions are governed by French law. You, like us, accept to submit all disputes arising from the commercial relationship between you and us to the non-exclusive competence of the courts of Paris, meaning that for the application of these General Terms and Conditions of Sale, you may initiate legal proceedings to have your consumer rights recognised in France.
8. MODIFICATION OF THE SERVICE OR OF THE GENERAL TERMS AND CONDITIONS OF SALE
We reserve the right to make changes to our Website, our procedures and our terms and conditions, including these General Terms and Conditions of Sale at any time. You are subject to the terms and conditions, procedures and General Terms and Conditions of Sale in force at the time you order a product, unless a change to the terms and conditions or these General Terms and Conditions of Sale is required by an administrative or governmental authority (in this case, the modification may apply to previous orders you may have placed). If one of the provisions of these General Terms and Conditions of Sale is deemed not valid, void or inapplicable, for whatever reason, this provision shall be deemed as separate and shall not affect the validity and the applicability of the remaining provisions.
9. WAIVER
If you breach these General Terms and Conditions of Sale and we take no action, we will still have the right to use our rights and recourse in any other situation where you breach these General Terms and Conditions of Sale.
10. CUSTOMER SERVICE
For further information or any questions, Terraillon customer service can be contacted on 00 33 (0) 826 881 789 or by e-mail at serviceconsommateurs@terraillon.fr.