General terms and conditions of sale

1. GENERAL PROVISIONS / SCOPE

These general terms and conditions of sale apply without restriction or reservation to all online sales offered by FLANEURZ on the website http://www.flaneurz.com/ (hereinafter: the "Site").

The Site is dedicated, on the one hand, to the sale of separable roller skates composed of a rolling part and a pair of clip-on shoes, together or separately, as well as accessories and ready-to-wear items (hereinafter referred to together or separately as the "Products") and, on the other hand, to the sale of the service under which FLANEURZ adapts the pair of shoes provided by the Customer, subject to eligibility for the rolling frame (hereinafter referred to as the "Custom Service").

The purpose of these general terms and conditions of sale (the "GTC") is to define the terms and conditions of online sale by FLANEURZ of Products and Services.

The GTC applicable to each Order are those in force on the date of validation of the order to the exclusion of any other condition. FLANEURZ reserves the right to modify them at any time, by publishing a new version on the Site. These T&Cs are available on the Site. They may be supplemented, if necessary, by conditions of use specific to certain Products or Services.

These GTC apply to any Order placed by an adult natural person acting as a consumer. The Client certifies that he is a natural person over 18 years of age, acting for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity. He acknowledges that he has the full capacity to commit himself when he places an Order and undertakes to provide truthful information as to his identity. 

The scope of these GTC expressly excludes persons acting in a professional capacity, i.e. natural or legal persons, public or private, acting for purposes relating to their commercial, industrial, craft or agricultural activity, including if they act in the name or on behalf of another professional. Professionals who wish to place an Order with FLANEURZ are invited to contact us via b2b@flaneurz.com .

2. CONCLUSION OF THE CONTRACT ONLINE

2.1 Validation and ordering process

To order a Product or Custom Service, the Customer must follow one by one the steps provided for this purpose on the Site. 

The Customer must provide his contact details for delivery and invoicing. To this end, he must complete all the fields marked as mandatory in the form provided. 

The Client guarantees that all the information it provides is accurate.

2.2 Order confirmation

At the end of his order, the Customer receives by email a confirmation of his order.

In case of non-receipt of the Order confirmation, it is recommended that the Customer contact FLANEURZ via info@flaneurz.com.

FLANEURZ reserves the right to refuse an Order for any legitimate reason.

The invoice corresponding to the order is sent to the Customer by email.

The Customer must ensure that the contact details he provided when placing his order or updating his Account are correct and that they allow him to receive the email confirming his order. In the absence of receipt of the latter, the Customer must contact FLANEURZ at the coordinates mentioned on the Site.

2.3 Regarding the Custom Service

(i)The Customer's attention is drawn to the fact that only pairs of new shoes corresponding to the criteria described on the product page are eligible for the Custom Service;

(ii)The Customer sends, via the Site, to FLANEURZ, for validation, a photo or a hypertext link of the chosen model then pays for his order via the payment interface. 

(iii) FLANEURZ, upon receipt of this information:

a. The model of the pair of shoes chosen by the Client is valid a priori. The Customer sends the pair of shoes to FLANEURZ at his own expense, following the procedure indicated;

b. Either does not validate the pair of shoes model chosen by the Customer. The latter is invited, at his or her choice, to make a new model proposal or to submit a request for reimbursement.

(iv) The Customer sends the pair of shoes at his own risk and it is up to him to take all the usual precautions when sending it, particularly when choosing the carrier and tracking the package. 

(v) Upon receipt, FLANEURZ carries out various checks to validate the feasibility of the Custom Service on the pair of shoes. In the event that it is physically and/or technically impossible to make the modifications to the pair of shoes, FLANEURZ shall inform the Customer without delay by e-mail. At its discretion, the Client may decide: 

a. Cancel the order: FLANEURZ will refund the Customer the amount of the order less the return shipping costs, which remain the responsibility of the Customer;

b. Submit another pair of shoes for validation. With its authorization and subject to the eligibility of the model, FLANEURZ may propose to the Customer to return in the same package the rejected pair of shoes and the modified pair of shoes. In this case, FLANEURZ will be responsible for the shipping costs.

3. PRODUCT SPECIFICATION AND AVAILABILITY

3.1 Product Specifications

Before any online order and in application in particular of the provisions of article L111-1 of the Consumer Code, the Customer may consult, on the Site, the characteristics of each Product.

Each Product offered for sale online is described as precisely as possible. 

FLANEURZ endeavours to publish photographic representations on the Site that are as faithful as possible to the Products. However, it is possible that the Customer's perception of the photograph of a Product may not correspond exactly to the Product itself, which the Customer acknowledges and acknowledges. Consequently, the photographs illustrating the Products do not constitute a contractual document and have only an informative and indicative value and cannot engage the responsibility of FLANEURZ.

In particular, FLANEURZ cannot be held responsible for any problem with the colour, size or comfort of the shoe.

The Customer acknowledges having read the technical characteristics and constraints of each Product as well as the realization resulting from the Custom Service and this, prior to the order. He is solely responsible for the use he will make of the Product.

The customer's attention is drawn to the fact that FLANEURZ does not guarantee the waterproofness of modified shoes.

FLANEURZ provides its Customers with a guide to using the Products. It is the Client's responsibility to read and comply with them.

The Customer undertakes not to modify the goods ordered unless he assumes full responsibility in the event of an accident or malfunction.

3.2 Availability of Products and Services

Product offers on the Site are valid within the limits of available stocks. This availability of the Products is normally indicated on the specific page of the Product. However, the placing of a Product in the basket does not constitute a guarantee of the availability of the Product. In the event that a Product becomes unavailable after the Customer's Order has been validated, FLANEURZ will immediately inform the Customer by email and contact the Customer in order to offer him another Product. In the event that the proposal is not acceptable to the Customer, the Order will be cancelled and FLANEURZ will refund any amount paid under the Order. However, if the Order contains Products other than the one that has become unavailable, the order for these other Products will remain valid.

4. PRICES AND PAYMENT TERMS

4.1 Prices

The price of each Product and Service is indicated on the Product or Service description page. The price is indicated in Euros all taxes included, excluding customs duties and shipping costs. FLANEURZ reserves the right to modify the prices of the Products at any time, in compliance with applicable legislation. 

For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They will be entirely at the Client's expense and are his responsibility (declarations, payment to the competent authorities, etc.). FLANEURZ invites the Customer to inquire about these aspects with the corresponding local authorities.

The Products ordered are invoiced on the basis of the price in force on the site at the time of validation of the Order.

4.2 Methods of payment

Payment of the full price of the Order must be made immediately after the Order has been validated.

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

FLANEURZ reserves the right to suspend or cancel any order and/or delivery, in the event of non-payment of any amount due by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site.

Purchase vouchers, gift cards and/or promotional codes issued by FLANEURZ may be used to pay for all or part of the Order. Promotional codes are only valid once.

5. PRODUCT DELIVERY

5.1 Delivery methods

Shipping and delivery costs are the responsibility of the Customer. They are included in the final price invoiced to the Customer at the time of the Order. The costs corresponding to the delivery are indicated to the Customer, at the time of his order.

The Customer must provide all the information necessary for the effective delivery of his order in this way.

5.2 Delivery time

Once the delivery method has been selected by the Customer, FLANEURZ provides him with a tracking number. It is the Customer's responsibility to check the information provided for delivery. FLANEURZ's liability for the delivery of the Product is strictly limited to the delivery of the Product to the carrier.

5.3 Reception

Upon receipt of the Product, the Customer undertakes to check that the Product is complete and undamaged. In the event of the discovery of an anomaly, it is the Customer's responsibility to make a claim directly to the carrier within the time limits required by the carrier's general terms and conditions of sale.

6. RIGHT OF WITHDRAWAL - EXCHANGE - RETURNS

6.1 On Products

The Customer has a period of fourteen (14) working days from the date of receipt of the Product ordered to withdraw from the order, without having to justify any reasons or pay any penalties, with the exception of the return costs, which remain at his expense and which he must pay.

The Customer who wishes to exercise his right of withdrawal must send to FLANEURZ at the coordinates mentioned on the Site, before the expiry of the above deadline, the withdrawal form made available on the Site.

The Products must be returned to FLANEURZ in their original packaging, and bearing absolutely no trace of use. The Product must be accompanied by a copy of the corresponding purchase invoice. The Customer ships the returned Product at his own expense and responsibility.

The Customer who exercises his right of withdrawal may request either a refund of the Product or an exchange with another Product.

FLANEURZ will proceed with the refund upon receipt of the returned Product or proof of shipment of the Product by the Customer.

As soon as the Customer chooses to refund his order, he must return to FLANEURZ, in addition to the Product, if applicable, all gifts given to him by FLANEURZ under this order as part of a commercial operation.

As part of the exchange, the Customer must select a new Product according to the terms and conditions applicable to the Products as specified by these GTC.

6.2 On the Custom Service

In accordance with the provisions of Article L221-28 3° of the Consumer Code, the Customer expressly acknowledges that the right of withdrawal may not be exercised on the pair of shoes provided by him and adapted according to his specifications as part of the Custom service ordered on the Site. 

In the event that the Customer chooses to have the pair of shoes he wishes to adapt directly from the merchant site to FLANEURZ delivered, the Customer expressly waives his right of withdrawal from the merchant site.

7. GUARANTEES

The Customer benefits on any Product acquired from FLANEURZ from the legal guarantees of non-conformity and hidden defects.

In the event that the Customer notices that the Product has a defect, he must inform FLANEURZ as soon as possible at the coordinates mentioned on the Site.

FLANEURZ will organize with the carrier of its choice the modalities of the return, of which it will inform the Customer. FLANEURZ will bear the costs of this return.

Under the guarantee, the Products must be returned to FLANEURZ in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.

FLANEURZ corrects the defect. In the event that the defect cannot be corrected, FLANEURZ will propose to the Customer the replacement of the Product if it is available. Otherwise, FLANEURZ will refund the Customer the full price paid for this Product and will send the Customer a return form, as soon as possible and at the latest within fourteen (14) days following the date on which FLANEURZ informed him of the impossibility of replacing the Product.

It is recalled that, when acting as a legal guarantee of conformity, any consumer:

- has a period of two years from the delivery of the Product to act;
- may choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code; 
- is exempted from providing proof of the existence of the lack of conformity of the Product during the six months following its delivery.

However, FLANEURZ may not proceed according to the Customer's choice if this choice results in a cost that is clearly disproportionate compared to the other method, taking into account the value of the Product or the importance of the defect

Any consumer may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between cancelling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.

The warranty does not cover damage resulting from:
- Non-compliance with the user guide and misuse;
- Neglected, inappropriate or abusive use or damage caused by poor maintenance; 
- Normal wear and tear of the Product;
- An impact of violent force or deliberate degradation;
- Technical modifications made by the user.

8. PROTECTION OF PERSONAL DATA

As part of the commercial relationship, FLANEURZ, the controller, collects a certain number of mandatory personal data (including in particular, surname, first name, delivery address, etc., which are indicated by an asterisk) which are absolutely necessary for the processing of the Order, the management of the commercial relationship, the production of statistics and compliance with FLANEURZ's legal and regulatory obligations. They are kept for 5 years from the end of the Contract. 

Failure by the Customer to provide this information would make it impossible to process his Order. 

This data is intended for internal use by FLANEURZ but may be transmitted to companies that contribute to the performance of the service, including those that deliver the Products or process payments. Concerning these personal data, the Client has several rights: right of access to personal data concerning him/her ;right of rectification and deletion if the personal data are inaccurate, incomplete, ambiguous, outdated or if the collection, use, communication and storage of certain data is prohibited ;right to limit data processing, provided that this request is duly justified and does not prevent FLANEURZ from complying with its regulatory and legal obligations ;Right to object to the processing of data (in particular in the case of processing for commercial prospecting); right to formulate post-mortem directives concerning the storage, erasure and communication of your personal data; right to withdraw consent to the carrying out of certain processing operations (processing operations carried out before the withdrawal of consent remain lawful) Right to file a complaint with the CNIL. To exercise his rights, the Customer may send a request to FLANEURZ, by means of a letter addressed to FLANEURZ at the address indicated on the site. The request must mention the Client's e-mail address, surnames, first names, postal address and must be accompanied by a copy of his double-sided identity document. A reply will be sent within one month of receipt of the request.

 

9. INTELLECTUAL PROPERTY RIGHTS

The sale of Products and Services on the FLANEURZ website does not entail any transfer of intellectual property rights on the Products and Services sold. The trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of FLANEURZ. No transfer of intellectual property rights is made through these GTC.

The Customer authorizes FLANEURZ to distribute on the Site photographs of the customized pair of shoes.

10. MAJOR STRENGTH

FLANEURZ shall not be held liable for any failure to perform its obligations hereunder in the event of the occurrence of a fortuitous event or force majeure that would prevent its performance. FLANEURZ will notify the customer of the occurrence of such an event as soon as possible.

11. EXCLUSION - LIMITS - OF LIABILITY

FLANEURZ shall in no event be liable for any loss or damage due to improper use of the Product(s) by the Customer, including but not limited to modification or alteration of the Product(s) not authorized by FLANEURZ.

The Customer is solely responsible for the use he will make of the Product.

In the event of irreversible damage caused by FLANEURZ to the pair of shoes sent by the Customer as part of the Custom Service, making them unsuitable for their use, FLANEURZ's liability is limited exclusively to reimbursing the Customer for said pair of shoes at the price purchased and on presentation of the purchase invoice. In this  propose to the Customer a model from its catalogue with the same characteristics.

In any event, the total liability that FLANEURZ may incur under these GTC is expressly limited to the direct damages suffered by the Customer, the amount of which may not exceed 100% of the amount of the order, plus the price of the shoes as part of the Custom Service.

12. SUSPENSION - ACCOUNT TERMINATION

FLANEURZ reserves the right to suspend or terminate the account of a Customer who contravenes the provisions of the GTC, or in general the applicable legal provisions, without prejudice to any damages that FLANEURZ may claim. Any person whose account has been suspended or closed may not subsequently order or create a new account on the Site without FLANEURZ's prior authorization.

 

13. ULLITY AND MODIFICATION OF GTCS

If any of the provisions of these GTCs is null and void, it shall be deemed unwritten, but shall not render all contractual provisions null and void.

14. APPLICABLE LAW AND DISPUTE RESOLUTION

These GTC are subject to French law. In case of any difficulty, the customer service is at your disposal to find an amicable solution. In the absence of a solution found with the customer service, the Customer has the right to use a consumer ombudsman free of charge in accordance with articles L152-1 et seq. of the Consumer Code. A list of approved mediators is available on the Consumer Mediation website at the following address: http://www.economie.gouv.fr/mediation-conso

In addition, the Customer has the possibility to file a complaint via the online dispute resolution platform ("RLL" platform) accessible via the link below: https://webgate.ec.europa.eu/odr/main/?event=main.home.showng=FR

In the event of failure to appoint the mediator or the mediation itself, the most diligent party may refer the matter to the competent court as indicated below. In the event of a dispute concerning the validity, interpretation and/or execution of these general terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to judge them.

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