CGV
Terms and Conditions of Sale – Consumers – Internet
ARTICLE 1 – Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by ROTOMOD with consumers and non-professional buyers wishing to purchase the products offered for sale by the Seller on the website: “www.rotomodstore.com”.
They specify, in particular, the conditions for ordering, payment, delivery, and management of any returns of Products ordered by Customers.
These General Terms and Conditions of Sale may be supplemented by special conditions, set out on the website, prior to any transaction with the Customer.
These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, including those applicable to sales in stores or through other distribution and marketing channels.
As these General Terms and Conditions of Sale may be subject to subsequent changes, the version applicable to the Customer’s purchase is the one in force on the website on the date the order is placed.
ARTICLE 2 – Products offered for sale
The products offered for sale on the website “www.rotomodstore.com” are described with as much information as possible. ROTOMOD cannot be held liable for any errors or omissions. The photographs illustrating the text are not contractually binding.
The choice and purchase of a product is the sole responsibility of the customer.
ROTOMOD undertakes to deliver, as a priority, the products initially presented on the product sheet on the website, subject to availability. ROTOMOD may contact the customer to modify the initial order.
The Customer is required to refer to the description of each Product in order to ascertain its properties, essential characteristics, and delivery times.
ARTICLE 3 – Seller’s contact details
The Seller’s contact details are as follows:
The seller is SAS ROTOMOD, publisher of the website www.rotomodstore.com.
ROTOMOD is a simplified joint stock company with capital of €1,000,000, located at Zone Industriel Jean Malèze – 13 rue Louis Amand – 47240 BON ENCONTRE, registered in the Agen Trade and Companies Register under number 300 685 609.
Siret : 300 685 609 00012
Code APE : 3012Z
ROTOMOD is represented by Mr. Vincent MAS, President.
Tel : 05.53.98.53.98
ARTICLE 4 – Orders
4-1. Placing the order
It is the Customer’s responsibility to select the Products they wish to order on the website
www.rotomodstore.com.
The Customer has the opportunity to check the details of their order and its total price, and to correct any errors before confirming their acceptance. It is their responsibility to check the accuracy of the order and to report or correct any errors immediately before validating and confirming their order.
An order is registered on the website when the Customer accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and confirms their order. This confirmation implies acceptance of all of these General Terms and Conditions of Sale.
The sale is only final after the Seller has sent the Customer confirmation of acceptance of the order by email, which must be sent without delay and after the Seller has received payment in full.
Any order placed, validated by the Customer and confirmed by the Seller, under the terms and conditions described above, on the website “www.rotomodstore.com” constitutes the formation of a distance contract between the Customer and the Seller.
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding payment for a previous order.
The Customer may track the progress of their order on the website “www.rotomodstore.com”.
4-2. Order modification
Any changes to the order made by the Customer can only be taken into account by the Seller within the limits of its capabilities and provided that they are notified by email or telephone to our order managers at the Seller at least 2 days before the scheduled date of shipment of the order.
In the event that these changes cannot be accepted by the Seller, any sums paid by the Customer when placing the order will be refunded within a maximum of 30 days from notification of the impossibility of accepting the changes requested by the Customer (unless the Customer prefers to receive a credit note).
4-3 . Order cancellation
Orders may be canceled by the Customer, except in the exercise of the right of withdrawal or in cases of force majeure, at least two days before the scheduled delivery date of the Products ordered, at no cost to the Customer.
In the event of cancellation of the order by the Customer after its acceptance by the Seller less than 2 days before the date scheduled for delivery of the Products ordered, for any reason whatsoever other than the exercise of the right of withdrawal or force majeure, a sum corresponding to 20% of the total purchase amount shall be payable to the Seller and invoiced to the Customer as damages to compensate for the loss suffered.
ARTICLE 5 – Rates
Prices are quoted in euros, inclusive of all taxes, at a VAT rate of 20%. The amount of VAT is indicated on the shopping cart page. ROTOMOD reserves the right to modify its prices at any time. Products are invoiced at the price in effect at the time the order is placed.
They do not include processing, shipping, transport, and delivery costs, which are charged as extras, under the conditions indicated on the website “www.rotomodstore.com” and calculated prior to placing the order based on the distribution areas, the weight of the package, and the mode of transport and delivery chosen by the customer.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional delivery costs, as shown at the time of order confirmation by the Customer, shall be borne entirely by the Customer.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
An invoice is issued by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 6 – Terms of payment
6.1 – Payment
The price is payable in full on the day the customer places the order, via secure payment, according to the following terms:
- Payment by credit card on the website
The Customer confirms their delivery and billing address, the product, and the total price. They provide their credit card number, expiration date, and CVX code. They then confirm their order by clicking on the “Confirm” button.
- Payment by bank transfer
Customers who order by bank transfer make a transfer to the ROTOMOD account.
6.2 – Payment security and fraud detection
To ensure payment security, the website “rotomodstore.com” uses the secure payment service provided by Banque Populaire. This service incorporates SSL security standards. Confidential data (the 16-digit credit card number, expiration date, and CVX code) is transmitted directly to the bank’s server in encrypted form without passing through the server’s physical media.
When the order is confirmed: The payment request is routed in real time to the secure remote payment manager.
In the event of a debit or payment for an order of an unavailable item, ROTOMOD undertakes to offer a credit note or refund the Customer within three weeks.
ROTOMOD undertakes to notify by email any Customer who has placed an order for an item that is unavailable.
ARTICLE 7 – Deliveries
Delivery times are provided for informational purposes only and are not binding on us. We never accept penalties or claims for compensation for delays, regardless of the reason given, unless specifically stipulated in the order and accepted by us. Under no circumstances can we accept the cancellation of an order, even if it is due to an exceptional delay.
Delivery will be made to the address provided by the customer when placing the order. Several delivery methods are available:
- Withdrawal at one of the ROTOMOD Company’s sites
- Deliveries to Pickup Points
- Direct home delivery
- Delivery to the workplace
Delivery consists of the transfer of physical possession or control of the Product to the Customer.
Except in special cases or if one or more Products are unavailable, the Products ordered will be delivered in a single shipment.
The Seller undertakes to make every effort to deliver the products ordered by the Customer within the time limits specified above. However, these time limits are provided for information purposes only. If the Products ordered have not been delivered within “thirty (30) days” after the indicative delivery date, for any reason other than force majeure or the Customer’s fault, the sale may be terminated at the Customer’s written request under the conditions provided for in Articles
L 216-2
L 216-3
L241-4 of the Consumer Code.
The sums paid by the Customer will then be refunded to them no later than fourteen days after the date of termination of the contract, excluding any compensation or deduction.
- Damage / Missing packages
Products are delivered to the address indicated by the customer on the order form. The customer is required to check the condition of the packaging and the goods upon delivery and to note any reservations on the delivery receipt, then confirm by registered letter with acknowledgment of receipt within 48 hours, the written reservations made to the carrier at the latter’s address (address indicated on the delivery note) and notify ROTOMOD by email at the address, specifying “transport dispute” in the subject line, or by telephone on 05 53 98 53 98.
- Delivery error / non-compliance
The consumer must notify ROTOMOD on the day of delivery or at the latest on the first working day following delivery of any claim for delivery error and/or non-compliance of the products in terms of type or quality compared to the information on the order form.
This claim may be submitted to ROTOMOD in the following ways:
– preferably by phone at: 05 53 98 53 98 Monday through Friday from 8:30 a.m. to 12 p.m. and from 2 p.m. to 5:30 p.m.,
– or by email, specifying “delivery error” in the subject line.
Any claim not made in accordance with the rules defined above and within the specified time limits cannot be taken into account and will release ROTOMOD from any liability towards the consumer.
Upon receipt of the complaint, ROTOMOD will assign an exchange number for the product(s) concerned and communicate this by email. A product can only be exchanged after the consumer has been assigned an exchange number in accordance with the procedure described above. The product(s) must be returned in their entirety and in their original packaging, together with the invoice and delivery note, to the address provided by ROTOMOD to the customer when the exchange number was assigned. Shipping costs shall be borne by ROTOMOD when the latter has made an error in delivery.
We advise you to carefully check the delivery address when reviewing your order summary. In the event of an error in the shipping address, the customer will be responsible for the shipping costs for a new shipment.
The choice and purchase of a product is the sole responsibility of the customer. The total or partial inability to use the products, in particular due to incompatibility of the equipment, shall not give rise to any compensation, reimbursement or liability on the part of ROTOMOD, except in the case of a proven hidden defect, non-conformity, defectiveness or exercise of the right of withdrawal.
The customer may, upon request, have an invoice sent to the billing address rather than the delivery address by selecting the option provided for this purpose on the order form.
- Product exchange:
The consumer may request an exchange of a product ordered within 75 days if it has never been used and is still in its original packaging. The consumer must return the product to ROTOMOD at their own expense. Return shipping costs are the responsibility of the customer. The amount will be sent to them by ROTOMOD upon request for exchange, and payment will be made by check to be enclosed with the product when it is returned. Upon receipt and verification of the product, ROTOMOD will ship the replacement product requested by the customer to their original address.
ARTICLE 8 – Transfer of ownership – Transfer of risks
Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and damage relating thereto shall only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller’s risk.
ARTICLE 9 – Right to cancel
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise their right of withdrawal from the Seller, without having to justify their reasons or pay a penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within “Number” days (no more than 14 days following notification of the decision to withdraw) following notification to the Seller of the Customer’s decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled, or incomplete products will not be accepted for return.
The right of withdrawal may be exercised online, using the withdrawal form available on the website “Indicate the website,” in which case the Seller will immediately send the Customer an acknowledgment of receipt on a durable medium, or by any other unambiguous statement expressing the desire to withdraw.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded; the return costs remain the responsibility of the Customer.
The refund will be made within “Number” days (maximum 14 days) from the date on which the Seller is notified of the decision to withdraw.
ARTICLE 10 – Seller’s Liability – Warranty
The Products sold on the Website comply with the regulations in force in France and are suitable for non-professional use.
The Products supplied by the Seller are covered by a full right of return, without additional payment and independently of the right of withdrawal, in accordance with legal provisions.
- the legal guarantee of conformity, for Products that appear to be defective, damaged, or do not correspond to the order,
- the legal warranty against hidden defects arising from a defect in material, design, or manufacturing affecting the delivered products and rendering them unfit for use,
- under the terms and conditions set out in the box below and defined in the appendix to these General Terms and Conditions of Sale (Guarantee of Conformity / Guarantee against Hidden Defects).
| It is hereby reiterated that under the legal guarantee of conformity, the Customer: – has a period of two years from the delivery of the goods to take action against the Seller; – may choose between repair or replacement of the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code; – is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following delivery of the Product.
The legal guarantee of conformity applies regardless of any commercial guarantee that may cover the Product.
The Customer may decide to enforce the warranty against hidden defects in the Product in accordance with |
In order to assert their rights, the Customer must inform the Seller in writing of the non-conformity of the Products within a maximum period of “Time Limit” from the delivery of the Products or the discovery of hidden defects within the above-mentioned time limits and return or bring back to the store the defective Products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller will refund, replace, or repair Products or parts under warranty that are deemed non-compliant or defective.
Shipping costs will be reimbursed based on the invoiced rate, and return shipping costs will be reimbursed upon presentation of supporting documents.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and no later than “Number” days after the Seller has identified the non-compliance or hidden defect.
The refund will be made by crediting the Customer’s bank account or by bank check sent to the Customer.
The Seller shall not be held liable in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to verify,
- in the event of misuse, use for professional purposes, negligence, or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident, or force majeure.
The Seller’s warranty is, in any event, limited to the replacement or refund of Products that are non-compliant or affected by a defect.
ARTICLE 11 – Protection of personal data
In accordance with Law 78-17 of January 6, 1978, amended by Law No. 2018-493 of June 20, 2018, it is hereby reiterated that the personal data requested from the Customer is necessary for processing their order and issuing invoices, among other things.
This data may be communicated to any partners of the Seller responsible for the execution, processing, management, and payment of orders.
The processing of information communicated via the website “www.rotomodstore.com” complies with legal requirements regarding the protection of personal data, as the information system used ensures optimal protection of such data.
In accordance with applicable national and European regulations, the Customer has the right to access, modify, rectify, oppose portability, and limit the processing of information concerning him/her at any time.
This right may be exercised under the conditions and in accordance with the procedures set out on the website “www.rotomodstore.com”.
ARTICLE 12 – Intellectual property
The content of the website “www.rotomodstore.com” is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any reproduction of this content, in whole or in part, is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 13 – Unforeseeable circumstances
In the event of unforeseeable changes in circumstances at the time of conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that did not agree to assume an excessively onerous risk of performance may request a renegotiation of the contract from its co-contracting party.
ARTICLE 14 – Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
ARTICLE 15 – Applicable law – Language
These General Terms and Conditions of Sale and the transactions arising therefrom are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 16 – Disputes
Any disputes arising from purchase and sale transactions concluded under these general terms and conditions of sale, concerning their validity, interpretation, execution, termination, consequences, and repercussions, which cannot be resolved between the seller and the customer, shall be submitted to the competent courts under the conditions of ordinary law.
The Customer is informed that they may, in any event, resort to conventional mediation, in particular with the Consumer Mediation Commission ( Consumer Code, Art. L 612-1) or with existing sectoral mediation bodies, whose details can be found on the website “www.rotomodstore.com”, or to any other alternative dispute resolution method (e.g. conciliation) in the event of a dispute.
ARTICLE 17 – Pre-contractual information – Customer acceptance
The fact that a natural person (or legal entity) places an order on the website “www.rotomodstore.com” implies full and complete acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to invoke any contradictory document that would be unenforceable against the Seller.
ARTICLE 18 – Dispute, Mediation and Applicable Law
For any complaints, our Customer Service is at your disposal. In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, ROTOMOD adheres to the CM2C Consumer Mediator Service (Consumer Mediation Center of Justice Conciliators) whose contact details are as follows: CM2C Consumer Mediator 49 RUE DE PONTHIEU 75008 PARIS – https://www.cm2c.net/contact.php . After prior written steps from consumers to ROTOMOD, the Mediator Service may be contacted for any consumer dispute that has not been resolved. To find out how to contact the Mediator, the European Commission has set up a dispute resolution platform intended to collect any consumer complaints following an online purchase in order to then forward them to the competent national mediators. This platform is accessible (http://ec.europa.eu/consumers/odr/).
Unless otherwise provided for by mandatory provisions such as those arising from EC Regulation No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I), these General Terms and Conditions are subject to French law. In the event that one or more clauses of these General Terms and Conditions become null and void following a change in legislation or by court decision, this shall in no way affect the validity of the other clauses, which shall remain applicable.
APPENDIX 1
-Provisions relating to legal warranties
Article L217-4 of the Consumer Code
“The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when this has been made its responsibility by the contract or has been carried out under its responsibility.”
Article L217-5 of the Consumer Code
“To be in conformity with the contract, the goods must:
– Be fit for the purpose usually expected of a similar item and, where applicable:
– correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model
– possess the qualities that a buyer may reasonably expect given the public statements made by the seller, the manufacturer, or their representative, particularly in advertising or labeling
– Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter.
Article L217-12 of the Consumer Code
“Action resulting from lack of conformity lapses two years after delivery of the goods.”
Article L217-16 of the Consumer Code
“When the buyer asks the seller, during the term of the commercial warranty granted to them upon the purchase or repair of movable property, for a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the remaining term of the warranty. This period shall run from the date of the buyer’s request for repair or from the date on which the goods in question are made available for repair, if this availability is subsequent to the request for repair.”
Section 1641 of the Civil Code
“The seller is bound by the warranty for hidden defects in the item sold that render it unfit for its intended use, or that diminish its use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had they been aware of the defects.”
Article 1648, paragraph 1, of the Civil Code
“Action resulting from latent defects must be brought by the purchaser within two years of discovery of the defect.”
APPENDIX 2
Withdrawal form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.rotomodstore.com, except in cases of exclusions or limitations to the exercise of the right of withdrawal in accordance with the applicable Terms and Conditions of Sale.
To the attention of
“Seller’s street address and number”
“Seller’s postal code”
“City of the Seller”
I hereby notify you of my withdrawal from the contract for the provision of the following services:
- Ordering the “Date”
- Order number: …………………………………………………..
- Seller Name : …………………………………………………………………
- Seller Adress : ……………………………………………………………..
Customer Signature (only if this form is submitted on paper)
Please note that all our photos are non-contractual and may differ in color and shape.