Terms and Conditions
Terms and Conditions
REPOSSI - GENERAL TERMS AND CONDITIONS OF SALE (WEBSITE)
Effective April 1, 2023
The General Conditions of Use and Sale (the « GC ») govern the sale of "REPOSSI" products (the "Products") between REPOSSI SASU, société par actions simplifiée unipersonnelle with a share capital of 55.737.240 € Located 282 Boulevard Saint Germain 75007 Paris, registered with the RCS of Paris under the number 814 261 475 (« REPOSSI ») and all consumer customers as defined under the law (the "Customer(s)") wishing to order and purchase Products on the site https://repossi.com/ (the "Website") covering the following territories: France, Austria, Belgium, Germany, Denmark, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, Monaco, Estonia, Finland, Ireland, Lithuania, Malta, Poland, Bulgaria, Croatia, Cyprus, Czech Republic, Greece, Hungary, Latvia, Romania, Slovakia, Slovenia (the "Territory").
These GCs are written in French and may be translated, for information, depending on the Customer's country of delivery. In case of contradiction between two versions, the version written in French will prevail.
It is strongly recommended that the Customer carefully read the Repossi Conditions before submitting any order on the Website. In the event that the Customer does not consent to any of the clauses of the Repossi Conditions, REPOSSI invites him/her not to place an order on the Website.
REPOSSI makes every effort to ensure that the essential characteristics of the Products available on the Website are described and photographed with the greatest possible accuracy, in particular with regard to the colour, design and style of each Product. Nevertheless, in the event of slight variations that may occur for technical or other reasons, between the Product photographed or graphically represented on the Website and the one delivered, REPOSSI cannot be held responsible for these variations, errors or inaccuracies.
For any questions about the Products, the Customer may contact REPOSSI's customer service by telephone, by calling +33 1 53 00 59 80, or by e-mail email@example.com.
Only persons who (a) have reached the age of majority; (b) have legal capacity and (c) are consumers within the meaning of the law may place orders for Products via the Website. Only orders placed directly on the Website will be accepted. All orders are subject to the Repossi Conditions.
2.2 Order process
The ordering process allows the Customer to check and correct any errors before placing an order. REPOSSI invites the Customer to take the time to read and check any order on each page of the ordering process.
To order Products, the Customer must:
- select the Product(s) he/she wishes to purchase and click on the "Add to cart" button. The selected Products will then be included in the "Shopping Cart";
- click on the Shopping Cart and select "Order" to submit an order;
- Customers who already have an account: log in to their online account by clicking on "Login" ;
- new Customers: click on "Create an account" or "Continue without logging in", then enter their contact details and delivery address then click on "Continue to shipment";
- select the delivery method and click on "Continue to payment";
- Select the payment method i.e. either by credit or debit card or by PayPal and indicate the billing address;
- click on "Pay Now".
By clicking "Pay Now", the Customer confirms that he/she has read, understood and accepted the GC.
After placing an order, REPOSSI will send an e-mail confirming receipt of the order.
2.3 Order cancellation
REPOSSI reserves the right to cancel an order for any legitimate reason, such as in the following non-exhaustive cases: (i) unavailability of the Product; (ii) an order that is quantitatively abnormal for a consumer, which will be presumed for the purchase of more than three (3) references of the same Product by the same Customer; (iii) if one of the Customer's previous orders has been the subject of a dispute with REPOSSI; (iv) if REPOSSI has valid and justified grounds for considering that the Customer (a) has violated the GC, (b) has not paid for Products, (c) is engaged in fraudulent activities or on the grey market (i.e. the resale of Products through a channel not authorized by REPOSSI or its subsidiaries); or (v) the Customer refuses to provide any information that REPOSSI is required to collect under applicable law or regulation; or if REPOSSI believes that cancellation is necessary to comply with applicable law or regulation. Any prior payment will be refunded in case of cancellation of the order by REPOSSI.
REPOSSI reserves the right to modify the assortment of Products offered on the Website at any time and without notice. REPOSSI will not be held responsible if a Product is out of stock or unavailable for any reason whatsoever.
In the event that one or more Product(s) ordered becomes unavailable after confirmation of the order, customer service will inform the Customer by telephone or email as soon as possible in order to:
- propose to the Customer to choose another Product or to cancel his/her order (if the order consists of a single Product);
- detail the part of the order remaining available and help the Customer to choose between cancelling the entire order or modifying it (if the order consists of several Products).
In the latter case, the Customer will only be charged for the part of the order that is available and that he has actually ordered.
If the Customer chooses another Product to replace the unavailable Product, it will be treated as a separate order.
Certain Products identified as such on the Website may be pre-ordered (the "Pre-ordered Product(s)"). Pre-ordered Products are subject to all GC stipulations.
Notwithstanding the foregoing, in the event of:
- orders combining available Products and Pre-ordered Products; or
- several Pre-ordered Products with different delivery dates mentioned on the Website;
the last delivery date will be applicable to the entire order. At the time of any pre-order, REPOSSI will obtain a credit card pre-authorization equal to the total amount of the purchase.
Once the Pre-ordered Product is ready to be shipped, REPOSSI will proceed to the full collection of the amount and will send an order confirmation to the Customer.
If the payment is denied during the collection phase, the Customer will be contacted by REPOSSI's customer service in order to find an arrangement with an alternative payment acceptable to REPOSSI. If no payment alternative is found within a reasonable time, the pre-order will be cancelled. Due to production constraints, REPOSSI may cancel a pre-order, in whole or in part. REPOSSI will inform the Customer if necessary and without delay. The pre-authorization of the purchase amount on the Customer's credit card will then be canceled and no amount will be debited.
5. PRICES AND PAYMENTS
The prices of the Products are:
- those indicated on the Website at the time of confirmation of the order, namely when the Customer clicks on the "Pay now" button;
- indicated in euros (EUR), all taxes included.
REPOSSI reserves the right to modify the price of the Products at any time and without notice.
All orders placed on the Website will be delivered free of charge by REPOSSI on French territory.
Any delivery in the Territory other than in France may incur additional costs. The order may also be subject to import duties and taxes that are applied when the package arrives at its destination. The Customer shall be responsible for the payment of such import duties and taxes. REPOSSI has no control over these costs and cannot predict their amount.
The costs incurred by the Customer when using the means of remote connection in connection with the placing of an order on the Website (cost of Internet access, telephone costs) remain his/her responsibility.
The Website contains a large number of Products. It is always possible that, despite REPOSSI's reasonable efforts, some Products may have an incorrect price. If the pricing error is obvious and the Customer could reasonably have recognized it as a pricing error, REPOSSI shall not be obliged to supply the Products at the incorrect (lower) price.
For any order placed on the Website, payment must be made immediately and in full after the order confirmation.
The amount of the purchase price of the Products of an order will be blocked on the Customer's credit or debit card but this amount will only be debited when the order confirmation is sent.
REPOSSI only accepts the following credit and debit card payments: Visa, MasterCard, American Express, PayPal and Apple Pay.
The Customer may not use the credit notes or gift vouchers issued by REPOSSI boutiques to purchase the Products offered on the Website.
6. RETENTION OF TITLE
Sales of Products on the Website are subject to retention of title in favour of REPOSSI under which as long as REPOSSI has not collected full payment for the Products ordered, the latter remain the property of REPOSSI. In the event of a payment incident, the Customer is required to return, immediately and at REPOSSI's first request, the Products delivered but the price of which has not been collected by REPOSSI.
7. PLACE OF DELIVERY
Products ordered via the Website can only be delivered to the Territory.
The Products will be shipped to the delivery address as provided during the ordering process.
PO boxes and mailboxes cannot be used for the delivery of Products due to their nature.
If the Customer indicates a hotel address as the delivery address for an order:
- delivery can only be made in the hands of the person that the Customer has indicated in his/her order as authorized to receive it;
- the Products can in no case be delivered to the reception of the hotel.
During the ordering process, REPOSSI will communicate the delivery time as well as the different delivery options available for the Products ordered. REPOSSI reserves the right to divide the Products ordered into several packages and/or shipments.
Although REPOSSI cannot guarantee a delivery time, it will make its best efforts to ensure that the Products are delivered within fifteen (15) working days from the date of confirmation of the order.
Upon delivery, the delivery note must be signed and the package delivered by / to an adult, at least 18 years old. The Customer acknowledges that any person receiving delivery of the Products to the address provided, is deemed to have done so with the authorization of the Customer.
9. DELIVERY ISSUES
Any failure to deliver or any delivery made after fifteen (15) working days from the date of confirmation of the order or any dissimilarity between the Products ordered and those delivered must be reported as soon as possible by contacting REPOSSI's customer service at the contact addresses mentioned in Article 1.
10. RIGHT OF WITHDRAWAL
With the exception of the cases mentioned in Article 10.3, any purchase of Product may be subject to a right of withdrawal exercisable within fourteen (14) days of receipt of the entire order. In the event that the delivery of an order is spread over several days, the withdrawal period begins from receipt of the last Product of the order concerned.
10.2 Exercice of the right of withdrawal
To exercise this right, the Customer must inform REPOSSI within this period:
- via an unambiguous statement expressing its willingness to retract ;
- to the e-mail address mentioned in Article 1;
- by indicating at least his/her name, address and order number.
For this purpose, the Customer may, without being obliged to do so, use the model withdrawal form annexed to the GC (Appendix 1).
All returns must be accompanied by the original invoice and returned in their original packaging.
Upon receipt of the Customer's withdrawal email, REPOSSI will send (i) an email acknowledging receipt of the Customer's withdrawal request (ii) accompanied by a prepaid return label.
The Customer must then return:
- the Product concerned to the following address: 282 boulevard Saint Germain 75007 Paris, France;
- at the latest within 14 (fourteen) days from the communication of his/her decision to withdraw.
If necessary, REPOSSI undertakes to reimburse the Customer:
- as soon as possible and no later than fourteen (14) days from receipt of the notification of exercise of the right of withdrawal, the refund may nevertheless be deferred until recovery by REPOSSI of the Products or proof of their dispatch;
- via the same means of payment as that used by the Customer for the Product(s) concerned.
In the event that the Customer prefers to return the Products by his/her own means and at his/her expense, it is recommended to keep proof of return by registered mail or by any other means to record the date of shipment. The Customer must also insure the package against loss and theft for the value of its contents. REPOSSI can in no way be held responsible for the loss or theft of Products that the Customer returns by his/her own means.
All returns and exchanges are subject to a quality control process before being accepted. Any Product customized at the request of the customer (e.g., engraving, resizing, embossing, etc.) or showing signs of wear, damage or alteration or whose security label, if any, has been removed, can not be accepted for return.
In their capacity as consumers, Customers benefit from the legal guarantee of conformity (Articles L. 217-1 et seq. of the Consumer Code) and the guarantee against hidden defects (Articles 1641 et seq. of the Civil Code) which they can exercise under the conditions below to the e-mail address mentioned in Article 1 of the GC.
'The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
'Where the contract for the sale of the goods provides for the supply of digital content or a digital service continuously for a period exceeding two years, the legal guarantee shall apply to that digital content or digital service throughout the period of supply provided. During that period, the consumer shall only be required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date of its appearance.
"The legal guarantee of conformity entails an obligation for the professional, if necessary, to provide all the updates necessary to maintain the conformity of the good.
"The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of his request, at no cost and without major inconvenience to him.
"If the goods are repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
'If the consumer requests repair of the goods, but the seller requires the replacement, the legal guarantee of conformity shall be renewed for a period of two years from the date of replacement of the goods.
'The consumer may obtain a reduction in the purchase price while retaining the goods or terminate the contract by being reimbursed in full against return of the goods, if:
"1 ° The professional refuses to repair or replace the property;
"2 ° The repair or replacement of the goods occurs after a period of thirty days;
"3 ° The repair or replacement of the goods causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-conforming goods, or if he bears the costs of installing the repaired or replacement goods;
"4 ° The non-conformity of the goods persists despite the seller's attempt to bring it into conformity which has been unsuccessful.
'The consumer shall also be entitled to a reduction in the price of the goods or to the termination of the contract where the lack of conformity is so serious that it justifies the immediate reduction in price or termination of the contract. The consumer is then not obliged to request the repair or replacement of the goods beforehand.
"The consumer is not entitled to cancel the sale if the lack of conformity is minor.
'Any period of immobilisation of the property with a view to its repair or replacement shall suspend the security which remained to run until the delivery of the restored property.
'The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
'A seller who obstructs in bad faith the implementation of the legal guarantee of conformity shall incur a civil fine of up to EUR 300 000, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
"The consumer also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles you to a price reduction if the property is kept or to a full refund against return of the property. ».
12. USE OF PRODUCTS
The Products are offered for sale on the Website only for domestic and private use. By purchasing the Products, Customers expressly agree not to use them for commercial or resale purposes, and REPOSSI declines all liability to Customers for any loss of profit, commercial loss, business interruption or loss of commercial opportunity..
For any repair request, the Customer must contact REPOSSI's customer service by phone or e-mail, at the contact addresses indicated in Article 1.
14. CERTIFICATE OF AUTHENTICITY
All Products purchased on the Website are strictly accompanied by a certificate of authenticity which will be given to the Customer with the Product(s).
15. FORCE MAJEURE
REPOSSI declines all responsibility for any delay or failure relating to the performance of its obligations under the GC, which would be attributable to a case of force majeure as defined by Article 1218 of the Civil Code.
If REPOSSI does not immediately request the Client to comply with the GC, or if it delays in taking measures or actions against it due to the non-performance of its obligations under the GC, this does not mean that REPOSSI authorizes these actions and will not prevent it from asserting its rights and remedies against the Client.
17. REPOSSI CODE OF CONDUCT
REPOSSI's commitment to conduct its business in accordance with ethical principles is set out in its Code of Conduct, available on the website https://www.repossi.com. REPOSSI continuously verifies that the principles of this Code are respected and correctly applied.
18. PERSONAL DATA
REPOSSI reserves the right to modify at any time and without notice:
- the content of the Website and/or to temporarily or permanently cease to operate all or part of the Website;
- the location on the Internet of the Website and of these GC.
The Customer acknowledges that REPOSSI cannot be held liable in any way whatsoever as a result of these modifications, suspensions or terminations.
20. VALIDITY – ENFORCEABILITY
The GCs are effective as of April 1, 2023.
The applicable GCs are those in effect on the date of placing the order. Any modification of the GC will not apply to previous orders, unless expressly agreed by the Customer.
21. MEDIATION – APPLICABLE LAW – COMPETENT COURT
In the event of difficulty arising during the purchase of a Product and in the absence of an amicable resolution within a reasonable time with REPOSSI's customer service, Customers have the possibility, before any legal action, to seek an amicable solution and to have recourse to the Service of the E-commerce Mediator of the FEVAD (Federation of e-commerce and distance selling) to which REPOSSI has adhered.
To submit a dispute to the mediator, Customers can (i) fill out the form on the FEVAD website: https://www.mediateurfevad.fr/ or (ii) send their claim by mail to FEVAD: Médiateur de la consommation FEVAD – BP 20015 – 75362 PARIS CEDEX 8 by mentioning their contact details, order/customer number, date of the order, the dispute encountered, the preliminary steps taken with REPOSSI, the solutions proposed by REPOSSI and what is expected from the mediation.
Customers remain free to use mediation or not and each party is free to accept or not the mediator's proposed solution.
In the event of failure of the mediation, any dispute arising from the GC is subject to French law and the exclusive jurisdiction of the French courts.
The foregoing stipulations do not prevent the Customer from also benefiting from the rights protecting him under the mandatory provisions of the applicable law of the country of the European Union where the Customer resides. More generally, nothing in the GC affects the Customer's legal rights and remedies.
Annex 1 - Template withdrawal form
(Please complete and return this form only if you wish to exercise your right of withdrawal)
To the attention of REPOSSI, 282 boulevard Saint Germain 75007 Paris, France, firstname.lastname@example.org
I hereby inform you that I exercise my right of withdrawal for the following Product(s):
- [●] ;
Ordered on/received on [●]:
Order number: [●]
Name of Customer(s): [●]
Address of Customer(s): [●]
Date : [●]