Refund Policy

Website Refund Policy clementdorel.com

applicable as of 30/07/2023

ARTICLE 1. PARTIES

The present refund policy applies between SHOPADVENTURE SAS, share capital: 2000 €, registered with the RCS of 904295003 in France on 18/10/2021, under number 904295003, registered office: 1 AVENUE D'ESTER, 87069 LIMOGES CEDEX 3, FR, phone: +33518270003, email: contact@clementdorel.com, VAT number: FR79904295003, hereinafter referred to as "the Publisher" and any person, natural or legal, private or public law, registered on the Site to purchase a Product, hereinafter referred to as "the Client".

ARTICLE 2. DEFINITIONS

"Client": any individual or legal entity, whether private or public, registered on the Site.

Site Content: elements of any kind published on the Site, whether protected by intellectual property rights or not, such as texts, images, designs, presentations, videos, diagrams, structures, databases, or software.

" The Publisher ": Clément Dorel, SAS acting in his capacity as publisher of the Site.

"Internet user": any individual or legal entity, whether private or public, connecting to the Site.

« Product »: any goods sold on the Site by the Publisher to the Clients.

"Site": website accessible at the URL clementdorel.com, as well as the sub-sites, mirror sites, portals, and related URL variations.

ARTICLE 3. SCOPE OF APPLICATION

The Site is freely accessible and free to all Internet users. Browsing the Site implies acceptance by all Internet users of these general conditions. The mere connection to the Site, by any means whatsoever, including through a robot or a browser, will constitute full and complete acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.

The Internet user acknowledges having fully taken note of this and accepts it without restriction.

Checking the above box will be deemed to have the same value as a handwritten signature by the User. The User acknowledges the evidential value of the automatic recording systems of the Publisher and, unless he provides contrary evidence, he waives the right to contest them in the event of a dispute.

These general conditions apply to the relationships between the parties to the exclusion of all other conditions, particularly those of the Internet user.

'The acceptance of these general conditions implies that the Internet users have the necessary legal capacity for this, or failing that, that they have the authorization of a guardian or curator if they are incapacitated, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.'

ARTICLE 4. OBJECT OF THE SITE

The Site aims to sell Products to Customers.

ARTICLE 5. ORDER STEPS

5.1. Order

In order to place an order, Internet users will be able to select one or more Products and add them to their cart. The availability of the Products is indicated on the Site, in the description sheet of each item. When their order is complete, they will be able to access their cart by clicking on the button provided for this purpose.

5.2. Validation of the order by the Internet user

By consulting their cart, Internet users will have the ability to check the quantity as well as the nature of the Products they have chosen and will be able to verify their unit price, as well as their total price. They will have the option to remove one or more Products from their cart.

If their order is satisfactory, Internet users will be able to validate it. They will then access a form where they can either enter their login credentials if they already have them, or register on the Site by completing the registration form with their personal information.

5.3. Payment by the Client

As soon as they are connected or after they have perfectly completed the registration form, Customers will be invited to check or modify their delivery and billing information, and then will be invited to make their payment by being redirected to the secure payment interface featuring the mention "order with payment obligation" or any similar wording.

5.4. Order confirmation by the Publisher

"Once the payment is actually received by the Publisher, the latter commits to acknowledge receipt to the Client electronically, within a maximum period of 24 hours. Within the same timeframe, the Publisher commits to send the Client a summary email of the order and to confirm its processing, including all relevant information."

ARTICLE 6. PRICE - PAYMENT

6.1. Price

The applicable prices are those displayed on the Site on the day of the order. These prices may be changed at any time by the Publisher. The displayed prices are only valid on the day of the order and do not take effect for the future.

The prices indicated on the Site are understood in euros, all taxes included, excluding delivery charges.

6.2. Payment method

The Client can make their payment via Paypal, Stripe, Shopify Payment.

In the context of credit card payments, the Publisher has no access to any data related to the Client's payment methods. The payment is made directly between the Client and the banking institution.

In the case of payment by mandate, check, or bank transfer, the delivery times only begin to run from the date of receipt of payment by the Publisher.

6.3. Billing

The Publisher will send or make available to the Client an invoice electronically after each payment. The Client expressly agrees to receive invoices electronically.

6.4. Default of payment

The agreed payment dates cannot be delayed for any reason whatsoever, including in the event of a dispute.

Any amount not paid by the due date will automatically incur late penalties calculated at a rate equal to 3 times the legal interest rate, without the need for formal notice, without this penalty affecting the enforceability of the principal amounts due.

Furthermore, any delay in payment will result in the billing of collection fees to the defaulting Client in the amount of 40 euros, the immediate enforceability of all sums remaining due regardless of the agreed deadlines, increased by a penalty of 20% of the amount as a penalty clause, as well as the possibility of unilaterally terminating the contract at the Client's expense. This clause is part of the provisions of Article 1152 of the Civil Code allowing the judge to reduce the indemnity if the judge deems it excessive.

6.5. Retention of title

The products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.

ARTICLE 7. RECLAMATION - WITHDRAWAL - WARRANTY

7.1. Customer service

The customer service of the Site is accessible from Monday to Friday from 09:00 to 17:00 at the following non-premium phone number: 0518270003, by email at: contact@clementdorel.com or by postal mail to the address indicated in Article 1 of these general conditions. In the latter two cases, the Publisher commits to providing a response within 2 working days.

7.2. Right of withdrawal – Distance selling

Article 7.2 applies to the Client who qualifies as a consumer within the meaning of the preliminary article of the Consumer Code.

7.2.1. Conditions for exercising the right of withdrawal

In accordance with the legislation in force regarding distance selling, the Customer has a period of fourteen clear days to exercise their right of withdrawal without having to provide reasons or pay penalties, except, where applicable, for return shipping costs.

The period mentioned in the previous paragraph begins either from the day the distance contract is concluded for contracts related to the provision of a service and/or the provision of digital content not supplied on a tangible medium, or from the receipt of the goods by the Client or a third party, other than the carrier, designated by him, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.

In the case of an order for several goods delivered separately or in the case of an order for a good composed of lots or multiple parts whose delivery is staggered over a defined period, the deadline runs from the receipt of the last good or lot or the last part. For contracts providing for the regular delivery of goods over a defined period, the deadline runs from the receipt of the first good.

When the fourteen-day period expires on a Saturday, Sunday, or a public holiday or non-working day, it is extended until the next working day.

The decision to withdraw must be notified to the Publisher at the contact details indicated in Article 1 of these general conditions by means of an unambiguous statement. The Client has, for example, the option to use the standard form provided at the end of these general conditions. In any case, the Publisher will send the Client an acknowledgment of receipt of the said withdrawal by email as soon as possible.

7.2.2. Effects of the right of withdrawal

The Client returns or hands over the products to the professional or to any person designated by the latter, without excessive delay and, at the latest, within fourteen days following the communication of their decision to withdraw.

When the right of withdrawal is exercised, the professional is obliged to reimburse the Client for the total amount paid, as soon as possible and no later than fourteen days from the date on which this right was exercised. If applicable, the professional may defer the reimbursement until the Products are recovered or until the Client has provided proof of shipment of the Products, whichever occurs first. Beyond this period, the amount due shall, by operation of law, accrue interest at the legal rate in force, as specified in Article L. 242-4 of the Consumer Code.

If applicable, the professional will process the refund using the same payment method as that used by the Client for the initial transaction, unless the Client expressly agrees to the use of another payment method and provided that the refund does not incur any costs for the Client. However, the professional is not obliged to refund the additional costs if the Client has expressly chosen a more expensive delivery method than the standard delivery method offered.

The direct return shipping costs of the Product are the responsibility of the Client. These costs are estimated to a maximum of 1 euros yes, due to its nature, the Product cannot normally be returned by mail.

The Client's liability is only engaged with respect to the depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of this Product.

The conditions, deadlines, and methods for exercising the right of withdrawal are outlined in the standard form provided at the end of these general terms and conditions.

7.2.3. Exclusions from the right of withdrawal

The right of withdrawal does not apply, in particular, to contracts:

'for the provision of services fully performed before the end of the withdrawal period and whose execution began after the Client's express prior agreement and express waiver of their right of withdrawal;'
of the supply of goods made according to the Client's specifications or significantly customized;
of the supply of goods that are likely to deteriorate or expire quickly;
of the supply of goods that have been unsealed by the Client after delivery and which cannot be returned for reasons of hygiene or health protection;
of the supply of goods which, after having been delivered and by their nature, are indissociably mixed with other items;
of the supply of alcoholic beverages for which delivery is deferred beyond thirty days and whose agreed value at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
urgent maintenance or repair work to be carried out at the Client's home and expressly requested by them, within the limits of spare parts and strictly necessary work to address the urgency;
of the supply of audio or video recordings or computer software when they have been unsealed by the Client after delivery;
for the provision of a newspaper, a periodical, or a magazine, except for subscription contracts to these publications;
concluded at a public auction;
services for accommodation, other than residential accommodation, transport services for goods, car rentals, catering or leisure activities that must be provided on a specific date or during a specific period;
of the provision of digital content not supplied on a tangible medium, the execution of which has begun after the Client's express prior agreement and express waiver of their right of withdrawal.

Similarly, the right of withdrawal does not apply to contracts fully performed by both parties at the express request of the Client before the latter exercises his right of withdrawal.

7.3. Termination of the contract at the Client's initiative

The consumer Client may terminate the contract by registered letter with acknowledgment of receipt in the event of a delivery date exceeding seven days. The Client will then be reimbursed for the amounts incurred by him during the order.

This clause is not intended to apply if the delay in delivery is due to a case of force majeure. In such a case, the Client agrees not to take legal action against the Publisher and waives the right to invoke the termination of the sale provided for in this article.

7.4. Guarantees

7.4.1. Warranty for apparent defects and flaws

It is the Client's responsibility to verify the condition of the Products at the time of delivery. This verification must particularly focus on the quality, quantities, and references of the Products as well as their compliance with the order. No claims will be considered after a period of three days from the date of delivery. In any case, any claim regarding the delivered packages will only be taken into account if the Client, having the status of a merchant, has made reservations with the carrier in accordance with articles L. 133-3 and following of the Commercial Code.

7.4.2. Warranty for Hidden Defects and Faults

7.4.2.1. Legal warranties

Customers have a legal warranty of conformity (Article 1604 of the Civil Code), a legal warranty against hidden defects (Articles 1641 et seq. of the Civil Code), and a safety warranty (Articles 1245 et seq. of the Civil Code).

Consumers also have a legal guarantee of conformity (articles L. 217-4 et seq. of the Consumer Code).

7.4.2.2. Conventional warranty

The Products benefit, in addition to the legal warranty, from a contractual conformity warranty in French territory, for a duration of 1 years from the delivery of the Product.

7.4.2.3. Return

In order to implement the warranty, it is the Client's responsibility to return the product to the address of the Publisher's headquarters, accompanied by an explanatory letter requesting either repair, exchange, or refund.

In any case, the Client is requested to follow the Publisher's instructions regarding the return of the Products precisely.

The return costs of the Product remain the responsibility of the Customer, except for consumer Customers exercising the warranty of conformity of articles L. 217-4 and following of the Consumer Code.

The consumer Client benefits from a period of 2 years from the delivery of the good to take action against the seller. In this regard, he can choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code. Finally, the Client is exempt from providing proof of the existence of the conformity defect of the Product during the 24 months following the delivery of said Product, except for second-hand goods.

"Where applicable, the legal warranty of conformity applies regardless of the commercial warranty."

When the consumer Client decides to implement the warranty for hidden defects, they can choose between the cancellation of the sale or a reduction in the sale price.

ARTICLE 8. FINAL STIPULATIONS

8.1. Applicable law

These general terms and conditions are subject to the application of French law.

8.2. Modifications of these general conditions

These general conditions may be modified at any time by the Publisher. The general conditions applicable to the Client are those in effect on the day of their order or their connection to this Site, any new connection to the personal space implying acceptance, where applicable, of the new general conditions.

8.3. Disputes

"Under the order n°2015-1033 of August 20, 2015, all disputes with a consumer Client that may arise in the context of the execution of these general conditions and for which a solution could not be found amicably between the parties must be submitted."

Furthermore, the consumer Client is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

Since January 1, 2016, mediation is mandatory for everyone. Thus, any professional selling to individuals is required to provide the contact details of a competent Mediator in case of a dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).

Sas Mediation Solution / https://www.sasmediationsolution-conso.fr/

8.4. Entirety

The nullity of any one of the clauses of this contract shall not result in the nullity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such an event, the parties shall, to the extent possible, replace the annulled stipulation with a valid stipulation corresponding to the spirit and purpose of this agreement.

8.5. Non-waiver

"The absence of exercise by the Publisher of the rights granted to it herein shall in no case be interpreted as a waiver of the right to assert said rights."

8.6. Telemarketing

The Client is informed that they have the option to register on the list of opposition to telephone solicitation at the address http://www.bloctel.gouv.fr/.

8.7. Languages of these general conditions

These general conditions are offered in French.

8.8. Unfair clauses

The stipulations of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code regarding abusive clauses in contracts concluded between a professional and a consumer.