The present General Terms and Conditions of Sale (hereafter the “Terms of Sale”) apply to any and all purchases made by a web user or physical person (hereafter the “CUSTOMER”) on the Internet website www.evvo-snow.com (hereafter the “SITE”) from Martin Plastique Innovation, registered under number 34044525300040 and headquartered at ZA de l’Allier, 42220 Bourg-Argental, France, Tel: 04 74 39 83 58, e-mail: contact@evvo-snow.com (hereafter the “VENDOR”).
IMPORTANT
Any order placed on the Site inevitably incurs the CUSTOMER’s unreserved acceptance of the present Terms of Sale
Article 1. Définitions
The expressions utilized hereafter in the present Terms of Sale are afforded the following definitions:
“CUSTOMER”: designates the VENDOR’s co-contracting party and guarantees their status as a consumer per French law and precedent. As such, it is specifically expected that the CUSTOMER shall not be involved in any ordinary or business activity.
“DELIVERY”: designates the initial presentation of PRODUCTS ordered by the CUSTOMER at the delivery address provided when placing the order.
“PRODUCTS”: designates all the PRODUCTS available on the SITE.
“TERRITORY”: designates continental France (excluding the DOM/TOM area).
Article 2. Object
The present Terms of Sale govern the sale of PRODUCTS by the VENDOR to its CUSTOMERS.
The CUSTOMER has been clearly informed of and acknowledges the fact that the SITE is designed for consumers and that professionals should contact the VENDOR’s business department in order to benefit from special contractual conditions.
Article 3. Acceptance of the Terms of Sale
The CUSTOMER agrees to carefully read through the present Terms of Sale and to accept them before paying for a PRODUCT order placed through the SITE. The present Terms of Sale are provided at the bottom of each SITE page by means of a link and should be consulted before placing an order. The CUSTOMER is urged to attentively read, download and print the Terms of Sale, as well as to keep a copy of said Terms. The VENDOR advises the CUSTOMER to read the Terms of Sale each time a new order is placed, since the latest version of said Terms applies to any and all new PRODUCT orders. By clicking on the first button to place the order, followed by the second button to confirm said order, the CUSTOMER acknowledges that they have read, understood and accepted without limitation or reservation the Terms of Sale.
Article 4. Purchasing PRODUCTS on the SITE
In order to purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have the legal capacity to do so, or, if they are a minor, be able to provide proof of their legal guardians’ consent.
The CUSTOMER shall be asked to provide identifying information by completing the form available on the SITE.
The (*) symbol indicates mandatory fields that must be filled out in order for the VENDOR to process the CUSTOMER’s order.
The CUSTOMER can verify their order’s status on the SITE. Where applicable, a DELIVERY can be tracked by using the online tools provided by certain carriers. The CUSTOMER may also contact the VENDOR’s sales department at any time by e-mail, at contact@evvo-snow.com, in order to get information about the status of their order.
The information provided by the CUSTOMER to the VENDOR upon placing an order must be complete, accurate and up to date. The VENDOR reserves the right to ask the CUSTOMER to confirm their identity, their eligibility and the information provided, by any appropriate means.
Article 5. Orders
Article 5.1. Product Features
The VENDOR agrees to present the PRODUCTS’ primary features (on fact sheets made available through the SITE) and the mandatory information that the CUSTOMER must be provided in accordance with applicable laws. The CUSTOMER agrees to closely consult this information before placing an order on the SITE.
Unless expressly noted otherwise on the SITE, all PRODUCTS sold by the VENDOR are new and compliant with applicable European legislation and French regulations.
Article 5.2. Ordering Process
PRODUCT orders are directly placed through the SITE. In order to place an order, the CUSTOMER must follow the steps described hereafter (however, please note that the steps may differ slightly depending on the CUSTOMER’s home page).
5.2.1. PRODUCT Selection and Purchasing Options
The CUSTOMER must choose a selected PRODUCT(s) by clicking on said PRODUCT(s) and by choosing its desired features and quantities required. Once the PRODUCT has been selected, it is placed in the CUSTOMER’s shopping cart. The CUSTOMER can then add as many PRODUCTS as they wish to their shopping cart.
5.2.2. Orders
Once the PRODUCTS have been selected and placed in the shopping cart, the CUSTOMER must click on said cart and check that its contents are correct. The CUSTOMER will then be invited to log into their account or create a new one, if they haven’t already done so. Once the CUSTOMER has verified the shopping cart’s contents and that they are connected/have created a new account, an automatically filled-out form will be displayed with a summary of the price, applicable taxes and, if applicable, delivery fees.
The CUSTOMER is encouraged to check the contents of the order (including quantity, features and references for PRODUCTS ordered, billing address, payment method, and price) before validating it. The CUSTOMER may then proceed to pay for the PRODUCTS by following the SITE’s instructions and by providing all the necessary information for billing and DELIVERING the PRODUCTS.
As concerns PRODUCTS with optional features, their specific characteristics will be shown once the relevant options have been selected. Orders must be accompanied by all the information required to properly process them.
The CUSTOMER must also choose a shipping method.
5.2.3. Acknowledgment of Receipt
Once all the aforementioned steps have been completed, a page will appear on the SITE to acknowledge receipt of the CUSTOMER’s order. A copy of the acknowledgment of receipt will automatically be sent to the CUSTOMER by e-mail, provided that the address specified in the registration form is correct. The VENDOR shall not send any order confirmations by mail or by fax.
5.2.4. Billing
During the ordering process, the CUSTOMER must provide necessary billing information (the (*) symbol denotes the mandatory fields needing to be filled in order for the VENDOR to process the CUSTOMER’s order).
The CUSTOMER must provide all necessary information relative to DELIVERY, particularly the exact DELIVERY address, as well as any access codes required at the address of DELIVERY. The CUSTOMER must also select a payment method.
Neither the CUSTOMER’s online purchase order, nor the acknowledgment of the order’s receipt provided by the VENDOR to the CUSTOMER by e-mail, shall constitute an invoice. Regardless of the ordering or payment method, the CUSTOMER shall be provided the original invoice inside their package upon DELIVERY of the PRODUCTS.
Article 5.3. Date of the Order
The date of the order is the date upon which the VENDOR acknowledges receipt of the order online. Deadlines mentioned on the SITE begin only as of said date.
Article 5.4. Price
The prices of all PRODUCTS in euros, taxes included, can be found by the CUSTOMER on the SITE, accompanied by any applicable delivery fees (according to the package’s weight, excluding wrapping and presents, the DELIVERY address, and of the selected carrier or shipping method).
More specifically, prices include value-added tax (VAT) at the rate applicable on the date the order was placed. Any modification of the applicable rate may impact the price of the PRODUCTS as of the date the new tax comes into effect.
The applicable VAT rate is expressed as a percentage of the sold PRODUCT’S price. The prices applied by the VENDOR’s suppliers are subject to change. As a result, the prices provided on the SITE may change. They may also be modified in the event of special sales or promotions.
The prices shown are valid, excepting any serious mistakes. The applicable price is that shown on the SITE at the date the order was placed by the CUSTOMER.
Article 5.5. PRODUCT Availability
The unavailability of a PRODUCT is generally specified on the relevant PRODUCT page. CUSTOMERS can also be kept informed by the VENDOR about PRODUCT restocking. At all events, if unavailability has not been mentioned at the time of the order, the VENDOR is committed to immediately informing the CUSTOMER of the PRODUCT’s unavailability. Upon the CUSTOMER’s request, the VENDOR may:
either offer to ship all PRODUCTS at the same time once the unavailable PRODUCTS are in stock again,
or ship only a portion of the available PRODUCTS at first, followed by the rest of the order once the remaining PRODUCTS are once again available, subject to providing clear information concerning potential additional delivery fees,
or recommend an alternative PRODUCT of equal quality and price, pending the CUSTOMER’s acceptance.
In the event that the CUSTOMER decides to cancel their order of unavailable PRODUCTS, they shall be reimbursed the entire amount paid for unavailable PRODUCTS within a maximum delay of thirty (30) days following payment.
Article 6. Right of Withdrawal
The conditions for the right of withdrawal are provided in the “withdrawal policy”, available for consultation in Appendix 1 of the present Terms and accessible via hyperlink at the bottom of each SITE page.
Article 7. Payment
Article 7.1. Payment Method
The CUSTOMER can pay for PRODUCTS online through the SITE using methods provided by the VENDOR. The CUSTOMER guarantees to the VENDOR that they have all the permissions required to use the selected payment method.
The VENDOR shall take all necessary precautions to guarantee the security and confidentiality of the data transmitted online in the context of online payment through the SITE.
For this reason, it must be stated that all information relating to payments made on the SITE is transmitted to the SITE’s bank and are not processed by the SITE itself.
Article 7.2. Payment Date
In the event of a single credit card payment, the CUSTOMER’s account shall be debited once the PRODUCT order has been placed on the SITE.
In the event of partial DELIVERY, the total amount shall be debited from the CUSTOMER’s account once the first package has been shipped, at the earliest. If the CUSTOMER decides to cancel their order of unavailable PRODUCTS, reimbursement shall be made in accordance with the last paragraph of Article 5.5 of the present Terms of Sale.
Article 7.3. Late Payment or Refusal to Pay
If the bank refuses to debit a card or any other payment method, the CUSTOMER shall contact the VENDOR’s Customer Service in order to pay for the order by any other valid payment method (only bank transfers and bank cards are accepted).
In the event that the card is canceled, refused or otherwise blocked for whatever reason, and that funds owed by the CUSTOMER cannot be paid, the order shall be terminated and the sale shall automatically be discontinued.
Article 8. Proof and Archival
Any contract concluded with the CUSTOMER equal to or superior to 120 euros, tax included, shall be archived by the VENDOR for a period of ten (10) years, in accordance with Article 1.134-2 of the French Consumer Code.
The VENDOR accepts the archival of this information in order to guarantee the tracking of transactions and to produce a copy of the contract upon the CUSTOMER’s request.
In the event of any dispute, the VENDOR shall have the option to prove that their electronic tracking system is reliable and that it guarantees the transaction’s integrity.
Article 9. Transfer of Ownership
The VENDOR remains the owner of the delivered PRODUCTS until they have been fully paid for by the CUSTOMER.
The aforementioned stipulations do not preclude the transfer to the CUSTOMER, at the moment they receive their package, or by a third party designated by them other than the carrier, of risks of PRODUCT loss or damage subject to the reservation of ownership, as well as the risks of damage they may incur.
Article 10. Delivery
The conditions of PRODUCT DELIVERY are provided in the “delivery policy” in Appendix 2 of the present Terms and are accessible via hyperlink at the bottom of each SITE page.
Article 11. Packaging
The PRODUCTS shall be packaged in accordance with applicable shipping standards in order to provide as much protection for the PRODUCTS during DELIVERY as possible. The CUSTOMERS agree to respect the same standards when they return PRODUCTS under the conditions defined in Appendix 1 – Withdrawal Policy.
Article 12. Guarantees
The VENDOR is responsible for any lack of conformity of the PRODUCT with the contract with respect to conditions set out in Article L. 211-4 and following of the French Consumer Code, as well as of hidden defects in the object sold with respect to conditions set out in Articles 1641 and following of the French Civil Code. (Article 2 of the decree of December 18, 2014)
Martin Plastique Innovation reminds consumers that the following points apply to the legal guarantee of conformity:
– they have 2 years to act following delivery of the PRODUCT in question;
– they may choose between repairing or replacing a particular PRODUCT, provided that the cost conditions set out in Article L. 211-9 of the French Consumer Code are respected.
– they are exempted from providing proof of the PRODUCT’S lack of conformity in the 6 months following delivery of said PRODUCTS. This delay has been extended to twenty-four months as of March 18, 2016, with the exception of second-hand PRODUCTS.
– the legal guarantee of conformity remains applicable regardless of any potential commercial warranty having been agreed to.
– the consumer may decide to enact their guarantee against hidden defects in the sold PRODUCTS with respect to Article 1641 of the French Civil Code and, in such a case, they may choose between canceling the sale or reducing the sale price with respect to Article 1644 of the French Civil Code.
Article 13. Responsibility
The VENDOR’s responsibility may in no way be incurred in the event of the non-execution or of the poor implementation of the CUSTOMER’s contractual obligations, particularly as concerns the order’s registration.
The VENDOR cannot be held responsible or be considered as having failed to respect the current Terms in the event of any lateness or non-execution, when the cause of said lateness or non-execution is the result of a case of force majeure as defined by the legal precedent of French courts.
Moreover, it is specified that the VENDOR does not control the websites directly or indirectly linked to the SITE. Therefore, it is exempt from any responsibility regarding the information published on those sites. Links to other websites are provided only for informational purposes and are not a guarantee of their content.
Article 14. Personal Data
The VENDOR collects personal data concerning its CUSTOMERS through the SITE, including through cookies. CUSTOMERS may deactivate cookies by following their web browser’s instructions.
The data collected by the VENDOR are used to process orders placed on the SITE, to manage the CUSTOMER’s account, to analyze orders, and, if the CUSTOMER agrees to such, to send deals, newsletters, offers and/or information about special sales by mail to CUSTOMERS, except if the CUSTOMER wishes to no longer receive such communication from the VENDOR.
In compliance with its declaration to the CNIL, the CUSTOMER’s data are kept confidential by the VENDOR with respect to the needs of the contract, its execution and in compliance with the law.
CUSTOMERS may subscribe and unsubscribe at any time by connecting to their account or by clicking on the hyperlink to this effect at the bottom of each offer sent by e-mail. Data may be communicated in whole or in part to the VENDOR’s service providers for the purposes of order processing.
The VENDOR may transfer the names and contact information of its CUSTOMERS to business partners for commercial purposes, as long as these CUSTOMERS have expressed their consent upon signing up to the SITE.
The VENDOR shall specifically ask CUSTOMERS if they wish to have their personal data shared. CUSTOMERS may change their mind at any time by contacting the VENDOR. The VENDOR may also ask its CUSTOMERS if they wish to receive commercial offers from its partners.
In accordance with bill number 78-17 of January 6, 1978, regarding data processing, files and freedoms, the CUSTOMER is granted the right to access, rectify, block (for legitimate reasons) and delete their personal data. They may exercise this right by writing an e-mail to the following address: contact@evvo-snow.com, or by sending a letter to ZA de l’Allier 42220 Bourg-Argental.
The CUSTOMER must be able to prove their identity, either by scanning an identification document or by sending a photocopy of their identification document to the VENDOR.
Article 15. Claims
The VENDOR has made available a “Customer Service Line” for CUSTOMERS at the following number:
04 74 39 83 58.
Any written claim made by a CUSTOMER should be sent to the following address: ZA de l’Allier 42220 Bourg-Argental or by e-mail to the following address: contact@evvo-snow.com
Article 16. Intellectual Property
All of the SITE’s visual and audio components, including the underlying technology utilized, are protected by copyright, trademarks and/or patents. These components are the VENDOR’s exclusive property. Any person publishing a website that wishes to have a direct hyperlink to the SITE must request the VENDOR’s authorization for such in writing.
The VENDOR’s authorization shall in no way be provided permanently. This link will have to be deleted upon the VENDOR’s request. Hyperlinks to the SITE that use techniques such as framing or in-line linking are strictly forbidden.
Article 17. Validity of the Terms of Sale
Any modification of active legislation or regulations, or any decision made by relevant courts invalidating one or more clauses of the present Terms of Sale shall in no way affect the validity of the present Terms of Sale. Such a modification or decision does not authorize CUSTOMERS to disregard the present Terms of Sale.
Any conditions not expressly discussed in the present Terms shall be governed in compliance with common usage in the retail business industry for businesses headquartered in France.
Article 18. Modification of the Terms of Sale
The present Terms of Sale apply to all purchases made online on the SITE, as long as the SITE is available online.
The Terms of Sale are precisely dated, and they may be modified and updated by the VENDOR at any time. The applicable Terms of Sale are those in effect at the time the order was placed. Modifications applied to the Terms of Sale shall not apply to PRODUCTS already purchased.
Article 19. Modification of the Terms of Sale
The present Terms of Sale, as well as the relations between CUSTOMER and VENDOR, are governed by French law.
Only French courts shall have jurisdiction in the event of any dispute.
However, the CUSTOMER is encouraged to contact the VENDOR’s claims department before engaging any arbitration or legal proceedings.
If no solution is found, an optional mediation procedure will be recommended. This procedure shall be led in the spirit of loyalty and good faith in order to reach an amicable agreement in the event of any conflict with respect to the current contract, including its validity.
The party wishing to enact this mediation process must inform the other party by registered mail with acknowledgment of receipt, ahead of time, wherein the litigious objects are detailed.
If the parties are unable to reach an agreement after seven (7) days, the dispute shall be submitted to a conventional or judicial mediator.
In the event that mediation also fails or is not considered, the dispute that may have yielded a mediation procedure shall be entrusted to the relevant jurisdiction designated above.
APPENDIX 1
WITHDRAWAL POLICY
Withdrawal Principle
In principle, the CUSTOMER has the right to withdraw by sending or giving back the PRODUCT to the VENDOR.
To do so, the PRODUCT must be sent or given back without undue delay and at the latest within fourteen (14) days following the communication of the decision to withdraw, unless the VENDOR suggests recovering the PRODUCT themselves.
Withdrawal Period
The withdrawal period expires fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier selected by the CUSTOMER, physically takes possession of the PRODUCT.
In the event that the CUSTOMER has ordered several PRODUCTS in a single order yielding several DELIVERIES (or in the case of a single PRODUCT delivered in several installments), the withdrawal period shall expire fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier selected by the CUSTOMER, physically takes possession of the last delivered PRODUCT.
If the CUSTOMER’s order concerns several PRODUCTS and if these PRODUCTS are delivered separately, then the withdrawal period ends fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier selected by the CUSTOMER, physically takes possession of the last PRODUCT.
Notification of the Right to Withdrawal
In order to apply the right to withdrawal, you must give notice of your decision of withdrawal from the present contract by means of an unambiguous declaration:
– by mail at the following address: RICOCHET 325 route Valparc – 74330 Poisy (France)
– by e-mail: contact@ricochet.fr
You may also use the following form:
WITHDRAWAL FORM
To the attention of [*] (*VENDOR’s contact information)
VENDOR’s telephone number*: +33 4 50 60 30 40
VENDOR’s e-mail address*: contact@ricochet.fr
I hereby give notice that I withdraw from the contract of sale for the following PRODUCT:
Product reference
Invoice number:
Purchase order number:
– Ordered on [____________] / received on [________________]
– Payment method used:
– CUSTOMER name and order recipient, if applicable:
– CUSTOMER address:
– Delivery address:
– CUSTOMER signature (except in the case of e-mail)
– Date
In order for the withdrawal period to be respected, you must send your communication relative to your right to withdraw before the withdrawal period expires. You must send back or return the PRODUCT to Martin Plastique Innovation, ZA de l’Allier 42220 Bourg-Argental, without undue delay and, at all events, at the latest fourteen days after communicating your decision to withdraw from the present contract. This delay will be deemed to have been respected if you return the PRODUCT before the fourteen-day period expires. You must cover all immediate fees for the PRODUCT’S return.
Upon receiving your request for withdrawal, we will send you an acknowledgment of receipt with return number that you must print and include with your package.
Return Fees
The CUSTOMER must cover all immediate fees for the PRODUCT’S return.
State of the Returned Product
The PRODUCT must be returned as specified by the VENDOR and must include all delivered accessories.
The CUSTOMER’s responsibility shall be committed only insofar as the PRODUCT’S worth has been depreciated as a result of its handling in any other way than necessary to establish its nature, features and effective operation. In other words, the CUSTOMER may try the PRODUCT (for example, to check its size without any undue physical effort), but their responsibility may be committed if they engage in handling other than that which is necessary, since all returned PRODUCTS must be as new (as delivered).
Exemptions from the Right to Withdrawal
The following hypothetical situations are exempted from the right of withdrawal:
Provision of PRODUCTS or services for which the price depends on financial market variations
Provision of PRODUCTS fabricated according to the CUSTOMER’s specifications or which are clearly personalized
Provision of PRODUCTS that may rapidly deteriorate or expire
Provision of sealed audio or video recordings, or software that has been unsealed after delivery
Newspapers, periodicals, magazines (except for subscriptions)
Housing services other than those of a residential nature, transportation of PRODUCTS, automobile rental, restoration or services related to leisure activities in the event that the offer schedules a specific date or implementation period
Provision of PRODUCTS that, by their nature, are indivisibly mixed with other PRODUCTS
Provision of sealed PRODUCTS that cannot be returned for hygienic or sanitary reasons, and which have been unsealed by the CUSTOMER after DELIVERY
The provision of alcoholic beverages, the price of which has been agreed upon concluding the sales contract, the delivery of which can only be made after 30 days and the real value of which depends on market variations not in the VENDOR’s control
Provision of dematerialized digital content if its execution has begun with the CONSUMER’s express prior consent, the latter of which has recognized that they would lose their right to withdrawal
Contracts concluded in the context of a public auction.
APPENDIX 2
DELIVERY POLICY
Delivery Area
Available PRODUCTS may only be delivered within the TERRITORY.
It is impossible to place an order for DELIVERY to any address situated outside of this TERRITORY.
PRODUCTS are shipped to the delivery address(es) that the CUSTOMER will have provided when placing the order.
Shipping Times
Delays necessary for preparing the order and the invoice before shipping are provided on the SITE. These delays do not account for weekends or holidays.
An electronic message shall automatically be sent to the CUSTOMER once their PRODUCTS have been shipped, as long as the e-mail address in the sign-up form is correct.
Delivery Times & Fees
During the ordering process, the VENDOR shall provide the CUSTOMER with the times and shipping options available for purchased PRODUCTS.
Shipping fees are calculated according to delivery method.
The amount of these fees shall be due by the CUSTOMER in addition to the PRODUCTS’ purchase price.
Delivery and fee details are provided on the SITE.
DELIVERY Conditions
The package shall be provided to the CUSTOMER after they have signed and shown proof of their identity.
In the event of their absence, a notification of delivery shall be left for the CUSTOMER in order that they may retrieve their package at their local post office.
DELIVERY Issues
The CUSTOMER will be informed of the delivery date when the carrier is chosen, upon completion of the online ordering process and before confirming the order.
It is specified that deliveries shall be made under a maximum of thirty (30) days. Failing such, the CUSTOMER must provide notice to the VENDOR that it is to deliver within a reasonable time and that the contract may be canceled if no delivery is made within such a time.
The VENDOR shall provide reimbursement in a timely fashion and at the latest 14 days after the order’s cancellation, or within 14 days of the purchased PRODUCT being returned. The CUSTOMER shall receive the total amount paid for the PRODUCTS, taxes and delivery fees included, by means of the same payment method used by the CUSTOMER to purchase the PRODUCTS.
The VENDOR is responsible up until DELIVERY of the PRODUCT to the CUSTOMER. It should be noted that the CUSTOMER has a delay of ten (10) days to notify the carrier of damages or partial loss incurred during shipping.
However, in the event of a damaged or opened package, the VENDOR shall ask the CUSTOMER to check the contents of the package with the carrier against the invoice. This will facilitate the service department’s work in determining the responsibility of each party involved.
Dispute Resolution
In the event of any dispute, the parties agree to seek amicable resolution of the conflict before engaging in any legal action.
As a result, you are kindly requested to address your claim in writing to our customer service department:
– by e-mail: evvo-snow.com or sav@evvo-snow.com
– by mail at the following address:
Martin Plastique Innovation
ZA de l’Allier
42220 Bourg-Argental
In the event of a persisting misunderstanding or disagreement between us following the usage of all means to remedy the situation, you may contact the following mediator for free:
– www.medicys.fr
– MEDICYS – Center for mediation and amicable resolution by judicial officers – 73, Boulevard de Clichy, 75009 – Paris
Failing such an agreement between the parties following any of these proceedings, the dispute shall be submitted to French courts of law.