These General Terms and Conditions of Sale govern the distance selling of products by PORT EUROPE, a simplified joint-stock company (SAS) with a capital of €1,000,000, whose registered office is located at 22 rue de la Fédération 75015 PARIS, registered with the Paris Trade and Companies Register under number B 444 908 677, intra-community VAT number FR 29 444 908 677, telephone number 01 39 76 28 20, fax number 01 39 76 08 46, business address 60 route de Sartrouville 78230 Le Pecq and email address firstname.lastname@example.org(hereinafter "PORT DESIGNS").
The conditions of sale of the online store (www.portdesigns.com) accessible exclusively to private individuals of legal age and capacity are intended to define the rights and obligations of PORT EUROPE and the customer. These conditions apply to the exclusion of all other conditions, in particular those in force for in-store sales or sales to professionals.
Any order for a product appearing in the online store at www.portdesigns.com (hereinafter "the Site") requires consultation and prior acceptance of these General Terms and Conditions of Sale. The click of acceptance of the General Terms and Conditions of Sale on the Site thus implies full acceptance of these Terms and Conditions. This click constitutes a "digital signature".
The conditions applicable to any order consist of these general conditions, the imperative provisions of the Consumer Code and any special conditions applicable to the order.
The contract concluded between PORT DESIGNS and the customer is formalised by the order confirmation email including the General Terms and Conditions of Sale.
These general terms and conditions govern orders placed from the date shown above. For any Order placed before this date, the customer must refer to the General Terms and Conditions of Sale available on a durable medium in their confirmation email.
PORT DESIGNS markets in particular luggage for laptops, tablets, cameras, protection tools for all types of computer equipment as well as various accessories.
The precise characteristics of the products are indicated on the "Products" pages of the Site. The products remain the property of PORT DESIGNS until full payment of the order. Any risk of loss or damage to goods is transferred to the customer from the moment when the customer or a third party designated by them, and other than the carrier proposed by PORT DESIGNS, takes physical possession of the goods.
The products offered comply with current French legislation. PORT DESIGNS cannot be held liable in the event of non-compliance with the legislation of the country of delivery of the product.
The prices of the articles are indicated in Euros including VAT. All orders, whatever their origin, are payable in Euros.
The applicable VAT rate corresponds to French VAT.
For deliveries outside France in the European Union, PORT DESIGNS will be obliged to review the VAT rate as soon as the threshold defined by the regulations in force in the country of delivery of the products is reached. The customer will be informed of the applicable VAT rate at the time of their order. For deliveries outside metropolitan France and the European Union, the VAT rate may vary.
In any case PORT DESIGNS will apply the VAT rate defined by the regulations in force, as well as any additional taxes that may be due.
Promotions may be offered on the Site and promotional codes may be applicable to the customer's order.
Promotional codes are not cumulative and not applicable in the event that the displayed price is already the subject of a promotion.
In compliance with applicable regulations, PORT DESIGNS reserves the right to cancel any order in case of a display or technical error that makes the price of the order clearly too low or derisory.
All orders are subject to the prior acceptance of these General Terms and Conditions of Sale. Acceptance of these general terms and conditions as well as the entry of the customer's banking information by the customer constitutes an irrevocable acceptance of the conditions of sale and payment, and will validate the customer's order.
It is understood that the data kept in the information system of PORT DESIGNS and/or its partners has probative force and may be produced as proof in relation to orders and the obligations resulting therefrom.
In order to place an order, the customer must fill in the various fields indicated on the Site. Fields marked with an asterisk are mandatory. In the absence of response or if the information provided is inaccurate, PORT DESIGNS will not be able to process the customer's order.
The data recorded by the payment system is proof of financial transactions. An order confirmation email containing the General Terms and Conditions of Sale as well as the summary of the order will be sent to the customer at the email address provided as soon as the transaction is validated.
The data collected is kept for a period of time strictly necessary for the management of your account, your order and any warranty that applies to the product purchased. The data collected for prospecting purposes is kept for three (3) years from the end of the commercial relationship (for example, from the purchase, from the date of expiry of the warranty or from the last contact from the customer). For any order equal to or greater than 120 Euros placed on the Site, PORT DESIGNS keeps and guarantees the customer access to the contract concluded for a period of 10 years from the delivery of the good, in accordance with Article L213-1 of the Consumer Code.
In case of an incorrect declaration, in particular when the invoicing data is incorrect or impossible to verify, or in case of suspicion of fraudulent use of means of payment, the order may be suspended for three (3) days from the sending of an email by PORT DESIGNS to the customer asking them to remedy the situation. If at the end of this period, the order is not remedied, PORT DESIGNS can then cancel the order.
PORT DESIGNS cannot be held responsible for the non-performance of the contract in case of force majeure, a concept as understood by the French Courts.
The means of payment accepted by PORT DESIGNS are indicated at the start of the ordering process and are recalled on the payment page.
The customer certifies that they are fully entitled to use the means of payment to pay for the order and that these means of payment enable them to pay the total price of the order.
The agreement given by the customer to the payment formalised by the communication of the elements necessary for the use of the chosen means of payment, is irrevocable and the customer undertakes not to oppose the payment except in the cases restrictively provided for by the applicable regulations (in particular loss, theft or fraudulent use of the means of payment).
The bank details are transmitted to the server of PORT DESIGNS in an encrypted manner by the SSL (Secure Socket Layer) protocol and transferred in a totally secure environment to the bank. Under no circumstances will they be kept by PORT DESIGNS.
The approval of the central credit card network triggers the dispatch of the goods. On the day of online payment, the customer's account is debited with the invoice amount corresponding to the product(s) shipped and the shipping costs if necessary.
Unless otherwise stated on the Site, shipping costs are free for all orders over 60 Euros including VAT to be delivered to countries in the Euro zone. PORT DESIGNS reserves the right to modify the amount of this commercial benefit, which the customer will in any event be aware of before confirming their order. Below this amount, a contribution to shipping costs is charged in addition to the price of the products. Unless otherwise stated on the Site or a different option chosen by the customer, shipment is made by Colissimo 48/72h.
The products are delivered by Colissimo from Monday to Saturday at a parcel collection point or by Pickup delivery, at the Post Office or at the address that the customer provided when placing the order. In case of absence of the customer, a delivery notice is left in their mailbox. The package will then be made available in the post office attached to the customer's home.
It is up to the customer, upon receipt of the package, to check it immediately and it is advisable to make reservations to the "La Poste" carrier by registered letter with acknowledgement of receipt within 3 days of receipt of the package.
The delivery will take place within the deadlines specified on the Site prior to the validation of the order or, failing that, no later than thirty (30) days after the validation of the order.
In the event of failure to deliver on time, the customer may terminate the contract, by registered letter with acknowledgement of receipt or by writing on another durable medium, if, after having given formal notice, in the same manner, to PORT DESIGNS to make the delivery or provide the service within a reasonable additional period, it has not been carried out within this period.
These are packages that are not delivered to the final recipient for the following reasons: Addressee unknown, unclaimed, refused, transport damage, other damage, etc.
- Returns due to "Addressee unknown" (does not live at the address indicated) or "unclaimed" packages:
After receipt of your package by our services, we will contact you by email or by phone to offer to reship the package corresponding to your order, correcting any errors on the address or name of recipients, the re-delivery costs remaining at your expense. In case of refusal to repay the shipping costs, your order will be cancelled and we will refund your order (excluding shipping costs) by bank transfer or cheque or re-credit your credit card within 10 days of receipt of your package.
- Returns due to "refused" packages:
If the package is damaged, torn, open, etc. you must refuse the package and request a declaration of damage from the post office or the carrier at the time of refusal, then contact our services to inform us, sending us proof of the damage. After receipt of your return package by our services, depending on the nature of the product, available stocks and according to your wishes, we will offer to resend you the products initially ordered or exchange products with equivalent characteristics in case of stock shortage. In case of refusal on your part, we will refund your order by bank transfer or cheque or re-credit your credit card within 10 days of receipt of your package.
Any natural person who acts for purposes that are not within the scope of their commercial, industrial, craft, liberal or agricultural activity benefits from a right of withdrawal, in accordance with Article L221-18 of the Consumer Code.
The withdrawal period is 14 days from the day on which the customer or a third party, other than the carrier, designated by them, takes physical possession of the goods; and in the case of an order for several goods delivered separately whose delivery is staggered over a defined period, from the day on which the customer takes physical possession of the last good sold and shipped by PORT DESIGNS.
Once this period has expired, the customer no longer has this right of withdrawal. When this period expires on a weekend, holiday or non-working day, it is extended to the next working day.
The customer exercises their right of withdrawal without having to justify their decision or bear any costs other than the direct costs of returning the goods and the costs of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and the proper functioning of the goods.
The right of withdrawal is exercised without penalty, including the costs of standard deliveries (i.e. corresponding to the cheapest delivery offered by PORT DESIGNS). The additional delivery costs generated by the choice of a more expensive delivery method than the standard delivery method proposed by PORT DESIGNS remain, however, the responsibility of the customer.
The cost of returning the product(s) will be borne exclusively by the customer.
To exercise their right of withdrawal, the customer informs PORT DESIGNS of their decision to withdraw by sending, before the expiry of the aforementioned period, the withdrawal form appended to these general conditions or any other unambiguous declaration, expressing their wish to withdraw at the following address email@example.com or at the following address:
3A rue de Cherbourg
67100 STRASBOURG - FRANCE
The burden of proof of the exercise of the right of withdrawal lies with the customer, so it is advisable, in the case of sending by post, to send it by registered letter with acknowledgement of receipt.
Upon receipt of the customer's withdrawal request, PORT DESIGNS will send them a confirmation email, accompanied by an agreement / tracking number.
The product must be returned with the agreement/tracking number at the latest 15 days from the date of receipt of the confirmation email from PORT DESIGNS, to the following address:
3A rue de Cherbourg
67100 STRASBOURG - FRANCE
The products must be returned in their entirety, in their complete original packaging, allowing them to be remarketed as new. In the event of deterioration of the product, resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the products, the deterioration costs will be charged to the customer. The amount of this depreciation will be deducted from the amount of the reimbursement sent to the customer.
REIMBURSEMENT IN CASE OF EXERCISE OF THE RIGHT OF WITHDRAWAL
In the event that the customer exercises their right of withdrawal, PORT DESIGNS will refund all payments received from the customer for the purchase of returned products, including standard delivery costs (i.e. corresponding to the least expensive delivery that PORT DESIGNS offers) no later than 15 days from receipt of their withdrawal request. PORT DESIGNS may postpone reimbursement until receipt of the product(s) or until the customer has provided proof of shipment of the product(s), whichever date is earlier.
PORT DESIGNS will use the same means of payment that the customer used when placing the initial order, unless the customer expressly agrees that PORT DESIGNS uses another means of payment. In any case, this reimbursement will not incur any additional costs for the customer.
Within the framework of the exercise of their right of withdrawal, the customer can also ask for the exchange of the product.
EXCHANGE IN THE EVENT OF EXERCISE OF THE RIGHT OF WITHDRAWAL
In the case of an exchange request not related to an error by PORT DESIGNS in relation to the order placed, the reshipment will be at the customer's expense. In this case, the article(s) must be returned within a maximum period of 15 days from the confirmation of exchange by PORT DESIGNS.
Products returned damaged, soiled or incomplete will not be exchanged.
The exchanged product is delivered to the original delivery address within a maximum of 30 days. Otherwise, the customer may terminate the contract, by registered letter with acknowledgement of receipt or by writing on another durable medium, if, after having given formal notice, in the same manner, to PORT DESIGNS to make the delivery within a reasonable additional period, it has not been carried out within this period.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply to:
• delivery of audio or video recordings or computer software unsealed after delivery ;
• delivery of products that have been made to customer specifications or clearly customised;
• the supply of products that are likely to deteriorate or expire rapidly;
• the supply of services fully executed by PORT DESIGNS for which the customer has accepted at the time of placing their order that PORT DESIGNS begins their execution, and has waived their right of withdrawal;
• the supply of digital content (including applications, computer software, digital books, MP3s, etc.) not supplied on a physical medium (e.g. CD or DVD) if you have accepted at the time of placing your order that we begin supplying it and have waived your right of withdrawal.
PORT DESIGNS WARRANTY AND LEGAL GUARANTEES
Computer and tablet luggage, camera bags, GPS and hard drives, as well as other products identified as such on the Site are eligible for the PORT DESIGNS commercial warranty.
The PORT DESIGNS warranty is offered free of charge for any defect or malfunction within a specified period of time from the date of sale, the duration of which varies according to the product. The duration of the warranty is specified on the Site when the customer places their order. The commercial warranty contract is attached (Appendix 2) to these general terms and conditions.
In accordance with the regulations in force, the consumer customer also benefits from the legal guarantee of conformity and the guarantee of hidden defects attached to the articles sold on the Site and which appear in Articles L.217-4 to L.217-13 of the Consumer Code and Articles 1641 to 1648 and 2232 of the Civil Code.
It is specified that the guarantees do not apply to the normal wear and tear of certain parts or articles, nor in the case of professional or collective use, nor to damage caused by causes external to the articles.
In case of non-conformity of the article(s), the costs of re-shipment by the customer to PORT DESIGNS are then free or reimbursed.
When the customer claims application of the legal guarantee of compliance, they:
- have a period of two years from the date of delivery of the product to act;
- may choose between the repair or replacement of the product, subject to the conditions of cost laid down by Article L.211-9 of the Consumer Code;
- are released from providing proof of the existence of the non-conformity of the product for twenty-four months following the delivery of new goods and for six months following the delivery of second-hand goods.
The legal guarantee of conformity applies independently of the commercial warranty granted.
The consumer may decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and may choose between cancelling the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
In accordance with article L612-1 of the Consumer Code, PORT DESIGNS guarantees the consumer effective recourse to a consumer mediation system.
The mediator's mission is to attempt, in complete independence and impartiality, to bring the parties together in order to reach an amicable solution.
After having contacted the PORT DESIGNS customer service department and in the absence of a satisfactory response within a period of 60 days, the customer may refer the matter to the E-commerce Mediator of the FEVAD (Federation of E-commerce and Distance Selling), whose contact details are as follows 60 Rue La Boétie - 75008 Paris (https://www.mediateurfevad.fr/). To find out how to contact the Mediator, click here.
However, the customer remains free to accept or refuse recourse to mediation and may refer the matter to the competent courts.
The customer is also informed that he/she has the possibility of using the European platform for Online Dispute Resolution (ODR) to settle his/her dispute: www.ec.europa.eu/consumers/odr/
PROTECTION OF PERSONAL DATA
The personal data communicated by the customer is processed in accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files and civil liberties, Directive 95/46/EC on data protection and any associated regulations or instruments, as well as any other law, regulation, applicable regulatory requirements and codes of conduct for the protection of personal data or any other legislation, regulations, rules and codes of conduct that transpose or replace the foregoing (including Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ("GDPR") applicable as of May 25, 2018).
In accordance with the "French Data Protection Act" of January 6, 1978 as amended and the GDPR, subject to proof of identity, the customer has the right to access, rectify, erase, oppose and limit the processing of personal data concerning them, as well as the right to data portability and to define their instructions for the management of their data after their death.
You can exercise these rights by mail to the following address PORT EUROPE 3 A rue de Cherbourg 67100 -Strasbourg France or by email to the following address firstname.lastname@example.org.
PORT DESIGNS also informs you of the existence of the "Bloctel" telephone canvassing opposition list, on which you can register here https://conso.bloctel.fr/
All of this information is also permanently available on the site http://www.portdesigns.com/fr/c/2-mentions-legales
All the designs, images, graphics of the site are protected by copyright and by intellectual property rights, for the whole world and belong or have been assigned to PORT DESIGNS, which benefits from an exclusive right of use. For this reason, in accordance with the provisions of the Intellectual Property Code, any reproduction or use, whatever the form of these intellectual property rights, without the prior written consent of PORT DESIGNS, will give place to legal proceedings.
Nothing in these GTCS may be interpreted as operating any transfer of intellectual property rights on these signs to the benefit of the customer.
In accordance with Article L612-1 of the Consumer Code, PORT DESIGNS guarantees the consumer the effective recourse to a consumer mediation system.
The role of the ombudsman is to try, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
After having contacted the PORT DESIGNS customer service department and in the absence of a satisfactory response within 60 days, the customer may contact the [Insert contact details of the consumer ombudsman]
However, the customer remains free to accept or refuse the recourse to mediation and to refer the matter to the competent courts.
The customer is also informed that they have the possibility to use the European Online Dispute Resolution (OLR) platform to settle their dispute: www.ec.europa.eu/consumers/odr/
This contract is subject to French law. The language of the contract is French. Any dispute arising in connection with the application or interpretation of this contract shall be submitted to the competent French courts.
In accordance with Article 6.2 of Regulation (EC) No. 593/2008 of June 17, 2008 on the law applicable to contractual obligations, this choice does not deprive consumers residing in the European Union of the protection afforded to them by provisions which cannot be derogated from by agreement under the law of their country of residence.
APPENDIX 1: WITHDRAWAL FORM
I/We* hereby notify you of my/our* withdrawal from the contract for the sale of the goods below.
*Delete as appropriate:
APPENDIX 2: PORT DESIGNS COMMERCIAL WARRANTY
Certain products have commercial warranties that are more favourable than the legal guarantees and whose durations are specified on the Site and the product sheets.
For these products benefiting from the PORT DESIGNS commercial warranty, if, after inspection, it is recognised that the product presents a hidden defect or fault, we repair or exchange the product at our expense. This warranty does not cover cases of normal wear and tear, accidental damage, misuse, improper care, and excludes any claim for compensation for the breakage of elements that the customer has inserted into PORT DESIGNS products.
PURPOSE AND TERMS OF THE PORT DESIGNS WARRANTY:
The purpose of the PORT DESIGNS warranty is to ensure the absence of hidden defects and faulty products. It covers the costs of repairing the good or replacing it under the terms of the warranty applicable to your product.
The PORT DESIGNS warranty is due free of charge for any defect or malfunction within a specified period of time from the date of sale. In the event of immobilisation of the good due to the implementation of the warranty and for more than 7 days, the duration of the warranty is extended by a period equal to the immobilisation.
The PORT DESIGNS warranty covers all manufacturing or material defects. It only gives rise to repair or replacement of the damaged good and does not give the right to any compensation in kind or in cash.
Normal use, accidental damage, misuse or improper care are not covered by the warranty.
This warranty is offered by PORT EUROPE, whose registered office is located at 22 rue de la Fédération 75015 PARIS, registered with the Paris Trade and Companies Register under number B 444 908 677.
Independently of the PORT DESIGNS warranty, you benefit from the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 of the Consumer Code and that relating to defects of the thing sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
Article L. 217-4 of the Consumer Code
The seller is obliged to deliver goods which comply with the contract and is liable for any lack of conformity which may exist upon delivery.
It is also liable for any lack of conformity resulting from packaging, assembly instructions or installation when it is responsible for this under the terms of the contract or it has been carried out under its responsibility.
Article L. 217-5 of the Consumer Code
The good complies with the contract:
1° If it is fit for the purpose usually associated with such a product and, if applicable:
- if it corresponds to the description given by the seller and has the features that the seller presented to the buyer in the form of a sample or model;
- if it has the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, in particular in advertising and labelling;
2° Or if it has the features defined by mutual agreement between the parties or is suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L217-12 of the Consumer Code
Legal action based on lack of conformity lapses two years after the delivery of the good.
Article L217-16 of the Consumer Code
When the buyer asks the seller, during the commercial warranty granted on the acquisition or repair of personal property, for a repair covered by the warranty, any period of immobilisation of seven days or longer shall be added to the unexpired term of the warranty.
This period shall run from the time when the buyer requests assistance or the time when the product in question is taken out of service pending repair, should this be subsequent to the request for assistance.
Article 1641 of the Civil Code
The seller is bound by a warranty on account of the hidden defects of the good which renders it unfit for the use for which it is intended, or which reduce such use to such an extent that the buyer would not have purchased it, or would have offered a lower price for it, if they had been known to him.
Article 1648 of the Civil Code
Legal action arising out of redhibitory defects shall be taken by the buyer within a period of two years from the discovery of the defect.