General terms and conditions of sale

1. Subject

The present terms and conditions apply without restriction, nor reserve, to all online sales offered by the company Flaneurz on the web site http://www.flaneurz.com (hereinafter : the Website).

The Website is specialized, on one hand, in selling detachable roller skates composed of of a rolling part and a clip-on pair of shoes (hereinafter designated together “the Products”).

The Website is specialized, on another hand, in selling the Change Your Shoes service allowing the Purchaser to get a clip-on pair of shoes without rolling part directly on the Website, or, to suggest and to provide to Flaneurz a pair of shoes of his/her choice in order to adapt it, subject to the eligibility, to the rolling part (hereinafter designated "the Service”).

The present terms and conditions are intended to define the terms and conditions of online sales and delivery of the Products, as well as to define the rights and obligations of the various parties involved.

They are accessible and printable at any time by a permanent and direct link on the Website.

They prevail over any other terms or conditions not expressly formerly agreed by Flaneurz. They may be completed if need be by particular conditions of use for other products or services, which complement the present terms and conditions and, in case of contradiction, prevail on those one.

2. Identity of the seller and contact

The Website is operated by the company Flaneurz, a simplified joint-stock company registered under French law with a capital of 8.335€, registered under number 808 633 192 RCS of Bobigny, with its registered office located at 1, Centre Commercial de la Tour – 93120 La Courneuve, that offers Products for sale(hereinafter referred to as “we”).

Flaneurz can be contacted at the following address:

Post address : 1, Centre Commercial de la tour – 93120 La Courneuve
Phone : 04 48 36 42 68
Email : info@flaneurz.com

3. Acceptance of the general terms

The Purchaser declares, before his order, that he has the legal capacity to commit to the present general terms.

His acceptance of those is materialized by a checkbox in the order form. This acceptance can only be full and complete. Every conditional approval is considered null and void. The Purchaser who does not accept to be bound by the present conditions must not place an order on the Website.

4. Products and Service characteristics

Before placing an order online and in application of article L111-1 of the French Purchaser Code, the Purchaser can take notice of the characteristics of any Product he would like to order on the Website.

The Products proposed online are described as precisely as possible. They bind Flaneurz only to the extend of what is precisely indicated.

Flaneurz endeavours to publish photographic representations on the Website which are as accurate as possible to the Products. Nevertheless, taking into account the digital presentation mode of the Products on the Website, it is possible that the perception of the Purchaser of the photographic representation does not exactly match to the Product itself, what the Purchaser admits and acknowledges. As a consequence, photographs illustrating the Products do not constitute a contractual document and only have an informative and indicative value and could not involve the responsibility of Flaneurz.  

Before placing an order, the Purchaser must also check the respective delivery times, indicated on the Website applicable for each Product and Service..

The Products are offered for online sale within the limits of the available stock.

 

5. Registration - Unsubscribing

5.1 The placement of an order requires that the Purchaser first registers on the Website, which means that he creates an account (hereinafter: the Account), by filling out the provided form. The Purchaser must fill out fields marked as obligatory. Any incomplete registration shall not be validated.

The Purchaser guarantees that all information given in the form is accurate, current and truthful and is free of deceptive character.

The Purchaser is aware and accepts that the data entered for creation of its account acts as proof of identity.

5.2 The Purchaser can access at any time to his account after identification via his identifier and his password.

He is responsible for maintaining the secrecy of his identifier and password. If he notices that his Account was used without his knowledge, he must immediately contact Flaneurz at the addresses mentioned in article 2 of the present document. He recognizes the right of Flaneurz to take all appropriate measures in such a case.

5.3 The Purchaser can unsubscribe from the Website at any time by sending a request to Flaneurz at addresses mentioned in article 2, he will receive a confirmation email as soon as possible. Unsubscribing automatically deletes the Purchaser’s account.

6. Order

6.1 Selection of the pair of shoes

Flaneurz urges the Purchaser to pay a special attention in the choice of the ordered model on the Website. Flaneurz would not be held responsible for a colours, size or comfort problem.

Regarding the “Change Your Shoes” Offer : 

(i) The Purchaser purchase a model of shoe directly on the website or conveys, via the Website, to Flaneurz, for validation, a photo or a  hyperlink of the elected model and pay its order via the payment interface. 

(ii) Flaneurz, upon receipt of these informations:

a. Give a notice and validate temporarly the Purchaser’s elected model. The latter is encouraged to send, at its own expense, the pair of shoes to Flaneurz by following the indicated process.

b. Do not valid the Purchaser’s elected model. He is encouraged, at its own choice, to make a new model proposal or to apply for a refund. 

(iii) Upon receipt of the elected model, Flaneurz proceeds to verifications on the elected model by the Purchaser in order to definitively validate the model. It is already agreed that the sended model should imperatively be unworn. The Purchaser acknowledges having been informed of manufacturing and delivery delays. In case of material and/or technical impossibility to proceed to the elected model’s modifications, Flaneurz informs the Purchaser without delay. At its own choice, the Purchaser can decide:

a. To cancel the order: Flaneurz will refund the Purchaser of the order amount except for the return costs which stay at the expense of the Purchaser that he will have to pay;

b. To submitt another model for validation. Subject to his/her authorization and to the elegibility of the model, Flaneurz can offer to the Purchaser to send him/her, after the expiry of the manufacturing delay, the rejected model and the transformed one together. The shipping fees/costs/charges will be at the expense of Flaneurz which undertakes this obligation.

It is already agreed that the Purchaser proceed to the shipment of the elected model under his liability and at his own risk, and that he/she is responsible of taking the usual precautions for the elected model’ shipment, especially in the carrier and package tracking’s choice. 

6.2 Placing an order

To place an order, the Purchaser must select the desired Products and Services and place them in his shopping basket.

He can access to the content of his shopping basket and correct errors about the selected items at any time, as long as the order is not definitely validated.

Further to his order, the Purchaser is invited to provide his personal data for billing and delivering purposes. He must fill out all obligatory fields on the provided form. Orders that does not have all required informations cannot be validated.

The Purchaser guarantees that all given informations in the contact form is accurate, current and truthful and free of deceptive character.

He knows and accepts that this information serves as a proof of his identity and binds him after has validated the order.

6.3 Order confirmation

The Purchaser confirms his order by confirming his shopping basket.

Following his order, the Purchaser will receive an email and a confirmation which:

  • summarizes the elements that have been ordered and specifies the period for delivery,
  • comprises the current terms and conditions.

The invoice matching the order is sent by any means available and particularly email to the Purchaser.

The Purchaser must insure that the data he provided on the occasion of order or the update of his account is accurate and that it will allow him to receive the confirmation email of his order. If he fails to receive addresses mentioned in article 2.

Flaneurz recommends the Purchaser to save the information contained in the confirmation of the order.

The order and its confirmation are considered received as soon as the parties to whom they were addressed can have access to it.

7. Price and payment methods

7.1 Price

All sales prices of the orders are displayed on the Website.

They are reported in Euros and include all taxes (French VAT and other applicable taxes). The sales prices of the order do not include delivery charges, which are invoiced in addition to the prices of the purchased Products. The amount of the applicable delivery charges is indicate before validation of the order by the Purchaser.

The applicable price is the one displayed on the Website at the time of the confirmation of the Purchaser’s order.

Attention : Outside the European Union and the French overseas departments and territories, customs duties or local taxes are due and can be invoiced when the Purchaser receives his package, in addition to the price paid to Flaneurz. Those duties and taxes, whose exact amount Flaneurz cannot determine in advance and about which Flaneurz cannot inform the Purchaser, prior to his order, shall remain at the expense of the Purchaser, who is the only responsible of the successful fulfilment of declarations or formalities related to it.

7.2 Payment methods

Payment of the order must be made in full at the time of ordering.

Online payment of the orser is possible :

  • through the secure online payment gateway on the Website,
  • or in any other way that will be proposed on the Website at the time of ordering.

The Customer guarantees to Flaneurz that he has the necessary authorizations to use the chosen method of payment.

Flaneurz reserves the right to suspend or cancel all orders and/or deliveries in case of non-payment of any amounts due by the Purchaser, in case of incident of payment, or in case of fraud or fraud attempt in connection with the use of the Website.

Penalties of an amount equal to one and a half times (1.5 times) of the basic interest rate are applicable by law to the unpaid amounts from the moment of the notification of the rejected bank payments.

7.3 Reservation of ownership

Flaneurz retains full ownership of and title to the sold Products until perfect and full receipt of sale price.

8. Products delivery

8.1 Mode of delivery Shipments of ordered products are carried out by Colissimo or any other delivery mode displayed on the Website during the order.

Those delivery modes, as related costs to any of theresolvem, are indicate to the Purchaser as he places his order.

The Purchaser must select the mode of delivery and give all necessary data to an effective delivery of its order according to this method.

8.2 Delivery times

Flaneurz commits itself to deliver the order on schedule at the time of that one on the Website and mentioned in the order confirmation email.

In the event of default from Flaneurz to its delivery obligation on schedule foregoing, the Purchaser may cancel the order by registered letter with acknowledgment of receipt or in writing on a durable form, if after hearing in the manner, Flaneurz to execute the delivery within a reasonable further period of time, has not performed within that period.

The contract is considered resolved to the receipt by Flaneurz of the letter or written informing of this resolve, unless it was executed in the meantime.

In case of resolution of the contract according to conditions as describes above, Flaneurz will repay all payed amount by the Purchaser, included delivery charges, within fourteen (14) days following the date on which the contract shall have been terminated.

Flaneurz in any events reserves the right to approach the Purchaser to offer him alternative solutions of payback of Products prices and delivery charges. The Purchaser will have to clearly express and on durable medium its acceptance of the alternative payback mode choice.

8.3 Delivery address

Products deliveries, if applicable, are made to the addresses indicated by the Purchaser on the order as “delivery address” (it can be different from de billing address).

Deliveries are accompanied by a billing in due form.

9. Right of withdrawal - Retours

9.1 On the products

The Purchaser has fourteen (14) working day within the date of receipt of ordered Products to withdraw without having to give any reasons or incurring penalties, except, if necessary, return costs shall be borne.

The Purchaser who wishes to exercise his withdrawal right must warn Flaneurz at the address indicated in the present article 2, before expiry of above deadline, enclosed withdrawal form to the present terms and conditions duly filled out, or a statement in which clearly formulates its commitment that he wants to withdraw including his order number.

The products must be returned to Flaneurz in their original packaging, properly sealed, no trace of use. They must be accompanied by a copy of the relevant invoice. The Purchaser is held responsible in case of deterioration of the Products upon their return to Flaneurz.

The Purchaser will be reimburse as soon as possible and no later than within fourteen (14) calendars day of the effective date of receipt by Flaneurz of the withdrawal form by application of the provisions of the article L221-24 of the (french) Consumer Code, of full amount paid for its order, deduction of return cost as the case may require, that shall remain payable by the Purchaser. Flaneurz reserves the right to defer this reimbursement until the effective recovery of the Products.

9.2 On the service Change Your Shoes

Following the provisions of the article L221-28 3° of the consumer Code, the Purchaser expressly acknowledges that the right of withdrawal could not be used on the pair of shoes adapted according to its own specificities and technical constraints as part of the Change Your Shoes service ordered on the Website.

Assuming that the Purchaser chooses to deliver the pair of shoes he/she wishes to be transformed directly from the commercial website to Flaneurz, the Purchaser expressly and unequivocally acknowledges waive its right of withdrawal on the commercial website and have acquainted with the provisions of the Article 12 of the present.  

10. Purchaser’s obligations

Without prejudice to other obligations being presently anticipated, the Purchaser commits himself to respect the following obligation:

10.1 The Purchaser commits himself, to fully pay the price settled throughout the order placement. 

The Purchaser will personally make sure of any dispute arising with a third part due to his use of the Products.

10.2 The Purchaser confirms have acquainted with the characteristics and constraints of the Products, especially technic. He is the only responsible of his use of the ordered goods.

It is on this basis that Flaneurz provides to Purchasers a user guide of the ordered goods that they must respect when they use it. It belongs to Purchasers to take note of it and to comply with it. Being noticed that this guide is communicated is for information only. The use of the ordered goods is under the sole responsibility of users.

10.3 The Purchaser forbids himself to modify the Products except of taking full responsibility in the case of accident or malfunction.

10.4 The Purchaser forbids himself to modify the ordered goods except of taking full responsibility in the case of accident or malfunction.

11. Legal guarantees

11.1 The Purchaser benefits of the legal warranty of conformity as well as the legal guarantee of hidden defects of the product sold including any lack of conformity resulting from packaging of products.

If the Purchaser discovers that there is visible quality default on the delivered goods ordered, a lack of conformity or damaged, he must inform Flaneurz to mentioned addresses of present article 2, indicating the nature of the lack of conformity, fault type or noted damaged.

Flaneurz will organize return methods with the carrier of his choice.

Ordered goods must be returned in perfect condition to Flaneurz, in their original state. They must be accompanied by a copy of the invoice.

Ordered goods returns that will not respect the terms and conditions as decribed above may not be take into consideration.

Flaneurz will proceed to necessary checks and will propose to the Purchaser the replacement of the ordered goods wherever possible. If the replacement of the Product is not possible, Flaneurz will fully reimburse the Purchaser for the Product and for delivery charges, in useful measure as quickly as possible, at latest within fourteen (14) days after the date when Flaneurz will have inform him of the impossibility of replacing the Product.

11.2 It is reminded that when it is about conformity legal assurances, all purchaser

  • Profits of two years as from delivery of the goods to act;
  • Can choose between repair and replacement of the goods, subject to certain condition under the article L 211-9 of the Purchaser Code;
  • Is exempt of supply proof thereof the existence during the six months after its delivery.

It is also reminded that conformity legal assurances independently applies tout all granted commercial guaranty.

Furthermore, all Purchaser may decide to implement the guarantee against vices of the sold product under Article 1641 of Civil Code. Under these circumstances, he can choose between the cancellation of the sale or a price discount in accordance with Article 1644 of Civil Code.

12. Responsability

12.1 Furthermore, Flaneurz may not be held responsible for any failure or delay of the contract owing to force majeure, to an unpredictable and insurmountable fact of a third-party of the contract such as disruption, full or partial strikes in particular of the mail service and means of transport or communications, and a fault or an act of the Purchaser.

Flaneurz informs the Purchaser of the clip-on pair of shoes’ technical features. Flaneurz do not ensure the waterproofness of the transformed shoes.

Flaneurz will not be held responsible for damages which result from :

  • non- compliance of the user guide and a wrong use ;
  • an overlooked use, inappropriate or excessive or damages caused by a poor maintenance;
  • normal wear and tear of the product;
  • violent impact or voluntary degradation;
  • technical modifications brought by the user.

 

12.2 As part of the Change Your Shoes service, Flaneurz will not be held responsible for a fault inherent in characteristics of the shoes provided by the Purchaser, that included a fault in the size bought, the colours, the model or a technical incompatibility with the clip-on system.

Flaneurz take all responsibilities in terms of storage and conservation of the shoes provided by the Purchaser.

Flaneurz commits itself to refund at the selling price and upon presentation of receipts, the shoes provided by the Purchaser that have suffered an irreversible damage throughout their modification by the Flaneurz teams and making them inappropriate to use

12.3 In any event, the whole liability likely to be incurred by Flaneurz to the title of the present is expressly limited to the only direct damage suffered by the Purchaser that the amount could not exceed 100% of the order amount, increased by the price of the shoes as part of the Change Your Shoes service.

13. Intellectual property

Unless otherwise specified, the brands, domain names, products, models, pictures and any information subject to the right of the intellectual property are and stay the exclusive property of Flaneurz. Any of the assignment of the intellectual property is carried out through the present. Any total or partial reproduction, modification or use of these goods for any reason is strictly forbidden without the express and initial authorization of Flaneurz. Software, systems, structures, infrastructures, data bases and any content (texts, pictures, visuals, musics, logos, trademarks, etc.) used by Flaneurz within the Website, as well as the Products which are displayed, are protected by intellectual property rights in force. All disassemblies, decompilations, decryptions, extractions, reutilizations, copies and most likely, all act of reproductions, representation, diffusion and use of one of these elements, wholly or in part without permission from Flaneurz, are strictly prohibited and can be taken to legal proceedings.

14. Personal data

Flaneurz practice a personal data protection policy, who’s characteristic are implemented in the document entitled “Charter meeting protection of buyer’s personal data”, available on the website, that the Purchaser is specifically encouraged to take knowledge of.

15. ACCESSIBILITY TO THE WEBSITE - Links and third-party sites

Flaneurz commits itself to regularly proceed to check up in order to ensure the well operation and accessibility of the Website. It is on this basis that it reserves itself the right to temporarily suspend the Website access for maintenance reasons. Likewise, Flaneurz would not be held responsible of temporarily difficulties or impossibilities of the Website accessibility, which would have extraneous reasons, force majeure, or whether that would be caused by disturbances of telecommunications network, use of the Website involving the knowledge and acceptance of characteristics and internet limits and related technologies.

The connection of any person to the Website is under his/her sole responsibility. The Purchaser is also responsible of taking all appropriate measures in order to protect his/her data and/or stored softwares on its IT equipments and this, against any infringement.

Flaneurz shall not be held for responsible of the technical availability of used third-party sites (included potential partners) to which the Purchaser could access through the Website.

Flaneurz does not take responsibility subject to contents, advertisements, products and/or available services on those third-party sites, which is remind that they are governed by their own terms of use.

Flaneurz is furthermore not liable of transactions conducted between the Purchaser and a given advertiser, professional or merchant that the Purchaser would be oriented through the Website and shall not, in any case, be part of a few possible disputes whether with those third party about products and/or services delivery, guarantees, declarations and other obligations which third party shall be bound.

 

16. Prohibited conduct

16.1 Are strictly prohibited: (i) every behavior that could interrupt, suspend, slow or prevent full functionality of the Website, (ii) all intrusion or intrusion attempt in Flaneurz systems, (iii) every diversion of system resources of the Website, all acts that impose disproportionate burden on the hardware infrastructure of the Website, (v) every damage to security measures and authentication, (vi) all actions affecting financial, commercial or moral rights and interests of Flaneurz or its Website users, (vii) any practice hijacking the Website for purposes which it was not designed and finally more generally (viii) all failure to these Terms of Use or the prevailing laws and regulations.

16.2 In the same way it is strictly forbidden to request payment, sell or grant all of part of access to the Website and to informations that it contains.

16.3 In case of failure to any of the disposals of the present article, or more generally, of violations to laws and regulations, Flaneurz reserves itself the right of taking all appropriate measures and to initiate legal action.

17. Modifications

Flaneurz reserves to itself the faculty of modifying at any time the present General Terms and Conditions of sell. In this case, the applicable conditions will be the ones in effect at the date of the order by the Purchaser.

18. Language

In the event of a translation of these terms and conditions of use in one or more languages, the French language is to be used in case of a dispute or contest about the meaning of a term or a disposition.

19. Mediation

Provisions of this present article are reserved for Purchasers who are private individuals using the services offered on the Site for their own needs.

In case of dispute relating to the present general conditions, the Purchaser has the ability to resort to a mediator of consumption for free according to Articles L152-1 and the Consumer Code.
A list of authorized mediators is available on the website of the mediation of the consumption accessible to the following address: http: //www.economie.gouv.fr/mediation-conso.

The purchaser also has the possibility to file a complaint via the online payment platform of disputes ( called " RLL " platform) available through the link below:

https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR

This link is also available on the Website, in the afferent rubric.

In case of failure in the designation of the mediator or the mediation itself, the most diligent part can sease the court of competent jurisdiction according to the arrangements from article 20 below. 

20. Applicable law and jurisdiction

These general terms and conditions of use are governed by French law.

In the event of dispute, interpretation and/or execution of these general terms, the parties agree that the Paris Courts shall have sole jurisdiction, unless otherwise provided.

21. Entry into force

This chart entered into force on 06/20/16.

22. Withdrawal form

 Download Withdrawal form, here