General terms and conditions of sale
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 in selling roller skates (hereinafter: the Products).
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 expressively formerly agreed by Flaneurz. They may be completed if need be by particular conditions of use for certain 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 : firstname.lastname@example.org
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 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.
Before placing an order, the Purchaser must also check the respective delivery times, indicated on the Website.
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.
6.1 Placing an order
To place an order, the Purchaser must select the desired Products 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:
(i) summarizes the elements that have been ordered and specifies the period for delivery,
(ii) 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
All sales prices of the Products are displayed on the Website.
They are reported in Euros and include all taxes (French VAT and other applicable taxes).
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 Products must be made in full at the time of ordering.
Online payment 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 the Product according to this method.
8.2 Delivery times
Flaneurz commits itself to deliver the ordered Products on schedule at the time of order 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
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 returned Products, 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.
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, in his use of Products, to respect the laws and regulations in force and not to harm the rights of third parties or public order.
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 Products.
It is on this basis that Flaneurz provides to Purchasers a user guide of the Products 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 products 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.
11. Legal assurances
11.1 The Purchaser benefits of non-conformances legal assurances as well as hidden vices 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 product, 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.
Products must be returned in perfect condition to Flaneurz, in their original state. They must be accompanied by a copy of the invoice.
Product 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 Product 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.
12.1 Flaneurz will not be held as responsible in any case of misuse, transformation or poor maintenance of the Products, which the Purchaser expressly accept.
12.2 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.
12.3 The connection to the Website of any person shall be subject to their liability alone. It shall be incumbent on all Purchaser to take all appropriate steps to protect their own data and/or software stored on their computer equipment against any problem.
12.4 Furthermore, Flaneurz may not be held responsible for any failure or delay of the contracts owing to force majeure or disruption, full or partial strikes in particular of the mail service and means of transport and communications.
12.5 Flaneurz makes every effort to publish, on the Website, photographic representations that are as faithful as possible to the Products. However, given the limitation of the presentation mode on internet, it is possible that the impression of the Purchaser is not exactly what the Products are, which the Purchaser admits and recognize. Accordingly, photographs illustrating the Products do not constitute a contractual document and only are for guidance and information and shall not held Flaneurz for responsible
12.6 In any event, the 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.
13. Intellectual property
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. Links and third-party sites
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 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
16.2 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.
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.
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.
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:
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