GENERAL CONDITIONS OF SALE applicable to consumers on the website www.sergeblanco.com from 15/03/2009
These General Conditions of Sale govern all sales made by our Company to consumers purchasing on our trading website for their personal needs (the Customer).
Any special requirement of the Customer shall not under any circumstances be enforceable on the Company unless it has been accepted in advance by the Company in writing.
As the Company may occasionally be led to change some of the provisions of its General Conditions of Sale, it is necessary that you read them before making each order on its website. These changes are enforceable from the time of their onlining and shall not apply to contracts entered into prior to this. Orders made on the website are governed by the General Conditions of Sale applicable on the date of order.
Upon validation of the order, by ticking the box “I have read and accept the General Conditions of Sale of www.sergeblanco.com”, the Customer expressly accepts these conditions.
The total or partial nullity of any of the clauses below shall have no effect on the validity of the other clauses.
1 – ORDERS
Acceptance of the Customer's order by the Company is demonstrated by the sending of an order confirmation email.
The company reserves the right to refuse an order for a legitimate reason, for example stock exhaustion, difficulty in obtaining supplies of a product, foreseeable problem concerning delivery, or abnormality in the order. Any order for small quantities or any new order from a Customer with whom there is a dispute relative to payment for a prior order shall be considered to be abnormal. In the event where the order is not accepted, the Company shall inform the Customer by any means.
Execution of the order may be tracked by contacting Customer Services on +33 (0) 5 34 50 15 15 or via the website in the section “My account”.
2 – CANCELLATION
Except in exercising the right of retraction stipulated hereafter, the order may not be cancelled without the prior written agreement of the Company.
In any event, no cancellation for any reason whatsoever may be accepted on an order that is already being processed.
3 – PRICE
Prices are presented in euros including all taxes and excluding delivery costs, which remain payable by the Customer. The delivery costs are indicated when making the order.
The products are invoiced on the basis of the tariffs and VAT rate in force at the time of ordering.
4 – DELIVERIES
Deliveries are made to the address indicated on the order.
Except in the case of force majeure, the delivery time for every order greater than € 500 including taxes (Metropolitan France) is a maximum of 30 days from order. Absence of delivery within the stipulated timescales shall entail a refund of the price paid upon order after return of the goods, to the exclusion of any other compensation or damages and interest.
For shipments not exceeding € 500 including taxes, the Company does not accept any liability in the event of delivery delay. No delivery delay shall give the Customer the right to cancel the sale, refuse the goods or claim damages and interest, except in the event of demonstration by the Customer of his loss.
The Company reserves the right to make partial deliveries of the total order, according to availability at the time.
The Company reserves the right to choose the carrier.
All transport risks are the responsibility of the Customer from dispatch of the goods from the warehouse.
The recipient taking delivery of the goods is responsible for verifying the condition upon arrival so as to enable, in the event of damage, notification of the carrier on the day after receipt of the products by registered letter with acknowledgement of receipt.
Any dispute for which the Customer has not respected these conditions shall be dismissed.
5 – NON-CONFORMITY
In the event of complaint concerning the quality of the goods delivered, the Company's liability shall be strictly limited to the obligation to replace or refund these goods, to the exclusion of any damages and interest.
No goods may be returned without the prior written agreement of the Company.
A returns label shall be provided for the parcel to be returned to the Company.
The Returns Department shall only accept parcels bearing this label. Only returns that have been postpaid shall be accepted.
After receipt and checking of the return, the goods returned will be replaced or refunded by re-crediting your account using your original means of payment within a maximum period of 30 days following the receipt of the returned goods.
The goods ordered on the website www.sergeblanco.com will not be able to be the subject of an exchange or a refund in the SERGE BLANCO shops.
6 – CONSUMERS' RIGHT OF RETRACTION
In compliance with the Consumer Code, the Customer has a period of 14 days from delivery of his order to return the products. Within this framework, the Customer shall return the complete goods within this period, in their original condition and packaging with a copy of the invoice and the Returns label.
The Customer will have to specify his invoice number in the inquiry of return email. A Returns label to be sticked shall be provided by email to the Customer. The delivery address will be indicated on this label.
It is for the Customer to keep the proof of this return (registered packet or proof of sure date). The return costs remain payable by the Customer. The Returns Department shall only accept parcels bearing this label. Only returns that have been postpaid shall be accepted.
The refund of the invoiced price of the returned goods will be payed after control by re-crediting the account of the Customer within a maximum period of 30 days folloming the receipt of returned goods.
Any item of clothing worn, incomplete or damaged shall not be refunded.
The Company may issue exemptions from the right of retraction pursuant to article L.121-20-2 of the Consumer Code, notably for custom-made or substantially personalised products.
Products are returned under the full responsibility of the Customer. In the event of dispute, damaged products shall be deducted from the amount refunded and these products shall be available for collection by the Customer.
The goods returned will be refunded and not exchanged.
The goods ordered on the website www.sergeblanco.com will not be able to be the subject of a exchange or a refund in the SERGE BLANCO shops.
Customers Department SERGE BLANCO : +33 (0) 5 34 50 15 15 ( non surtaxed).
7 – TERMS OF PAYMENT
The Company only accepts payment by credit card (debit card, visa or Mastercard): the debit corresponding to the amount indicated on the invoice shall be made on the day after the date of order, providing we have first obtained the debit authorisation from the Customer's account from the competent payment centre, in the absence of which the order will be rejected.
On-line payment by credit card is made via the BNP Paribas Merc@net security system. This system, encrypted in SSL if the trading server has an SSL certificate, or using encrypted keys provided by BNP Paribas, enables encrypting of bank data upon its transmission over the web.
The order shall be automatically cancelled in the absence of receipt of full payment.
By express agreement, any invoice subject to dispute may be increased by 15%
8 – GUARANTEES
The products are guarantees in compliance with articles L.211-1 and subsequent of the Consumer Code and 1641 of the Civil Code.
9 – DATA PROTECTION
Personal data communicated by the Customer is for internal use by the Company, which agrees to respect the provisions of the Data Protection Act n°78-17 of 6 January 1978. The Company implements all optimal security measures against the loss, abuse and alteration of the information entrusted to it.
Personal data received on the website may be communicated to our partners, with the Customer's agreement, within the exclusive framework of the operation of the website.
This data shall not be subject to any external communication other than that laid down above, except to fulfil statutory and regulatory obligations, or on the request of a statutory body or legal authority.
The automated processing of personal data realised by the website has been subject to a declaration to the Commission Nationale de l'Informatique et des Libertés (CNIL) under the receipt n° 1344020.
Customer and web users have the right at all times to access, modify, rectify and delete the data concerning them, which may be exercised on simple request by post to SAS TNT 27 avenue Marcel Dassault 31500 Toulouse – France, or by email to the address firstname.lastname@example.org
10 – APPLICABLE LAW
The law applicable to this contract between the Company and the Customer is French law.