The present General Terms and Conditions of Sale (hereafter the \u201cTerms of Sale\u201d) apply to any and all purchases made by a web user or physical person (hereafter the \u201cCUSTOMER\u201d) on the Internet website www.evvo-snow.com (hereafter the \u201cSITE\u201d) from Martin Plastique Innovation, registered under number 34044525300040 and headquartered at ZA de l\u2019Allier, 42220 Bourg-Argental, France, Tel: 04 74 39 83 58, e-mail: evvo@evvo-snow.com (hereafter the \u201cVENDOR\u201d).<\/p>\n
IMPORTANT<\/b>
\nAny order placed on the Site inevitably incurs the CUSTOMER\u2019s unreserved acceptance of the present Terms of Sale<\/p>\n
<\/p>\n
The expressions utilized hereafter in the present Terms of Sale are afforded the following definitions:
\n\u201cCUSTOMER\u201d: designates the VENDOR\u2019s 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.<\/p>\n
\u201cDELIVERY\u201d: designates the initial presentation of PRODUCTS ordered by the CUSTOMER at the delivery address provided when placing the order.<\/p>\n
\u201cPRODUCTS\u201d: designates all the PRODUCTS available on the SITE.<\/p>\n
\u201cTERRITORY\u201d: designates continental France (excluding the DOM\/TOM area).<\/p>\n
<\/p>\n
The present Terms of Sale govern the sale of PRODUCTS by the VENDOR to its CUSTOMERS.<\/p>\n
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\u2019s business department in order to benefit from special contractual conditions.<\/p>\n
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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.<\/p>\n
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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\u2019 consent.<\/p>\n
The CUSTOMER shall be asked to provide identifying information by completing the form available on the SITE.
\nThe (*) symbol indicates mandatory fields that must be filled out in order for the VENDOR to process the CUSTOMER\u2019s order.
\nThe CUSTOMER can verify their order\u2019s 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\u2019s sales department at any time by e-mail, at evvo@evvo-snow.com, in order to get information about the status of their order.<\/p>\n
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.<\/p>\n
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The VENDOR agrees to present the PRODUCTS\u2019 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.<\/p>\n
Unless expressly noted otherwise on the SITE, all PRODUCTS sold by the VENDOR are new and compliant with applicable European legislation and French regulations.<\/p>\n
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\u2019s home page).<\/p>\n
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\u2019s shopping cart. The CUSTOMER can then add as many PRODUCTS as they wish to their shopping cart.<\/p>\n
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\u2019t already done so. Once the CUSTOMER has verified the shopping cart\u2019s 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.<\/p>\n
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\u2019s instructions and by providing all the necessary information for billing and DELIVERING the PRODUCTS.<\/p>\n
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.
\nThe CUSTOMER must also choose a shipping method.<\/p>\n
Once all the aforementioned steps have been completed, a page will appear on the SITE to acknowledge receipt of the CUSTOMER\u2019s 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.<\/p>\n
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\u2019s order).<\/p>\n
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.<\/p>\n
Neither the CUSTOMER\u2019s online purchase order, nor the acknowledgment of the order\u2019s 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.<\/p>\n
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.<\/p>\n
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\u2019s weight, excluding wrapping and presents, the DELIVERY address, and of the selected carrier or shipping method).<\/p>\n
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.<\/p>\n
The applicable VAT rate is expressed as a percentage of the sold PRODUCT\u2019S price. The prices applied by the VENDOR\u2019s 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.
\nThe 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.<\/p>\n
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\u2019s unavailability. Upon the CUSTOMER\u2019s request, the VENDOR may:<\/p>\n
either offer to ship all PRODUCTS at the same time once the unavailable PRODUCTS are in stock again,
\nor 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,
\nor recommend an alternative PRODUCT of equal quality and price, pending the CUSTOMER\u2019s acceptance.<\/p>\n
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.<\/p>\n
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The conditions for the right of withdrawal are provided in the \u201cwithdrawal policy\u201d, available for consultation in Appendix 1 of the present Terms and accessible via hyperlink at the bottom of each SITE page.<\/p>\n
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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.<\/p>\n
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.<\/p>\n
For this reason, it must be stated that all information relating to payments made on the SITE is transmitted to the SITE\u2019s bank and are not processed by the SITE itself.<\/p>\n
In the event of a single credit card payment, the CUSTOMER\u2019s account shall be debited once the PRODUCT order has been placed on the SITE.
\nIn the event of partial DELIVERY, the total amount shall be debited from the CUSTOMER\u2019s 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.<\/p>\n
If the bank refuses to debit a card or any other payment method, the CUSTOMER shall contact the VENDOR\u2019s Customer Service in order to pay for the order by any other valid payment method (only bank transfers and bank cards are accepted).<\/p>\n
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.<\/p>\n
<\/p>\n
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.<\/p>\n
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\u2019s request.
\nIn 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\u2019s integrity.<\/p>\n
<\/p>\n
The VENDOR remains the owner of the delivered PRODUCTS until they have been fully paid for by the CUSTOMER.
\nThe 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.<\/p>\n
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The conditions of PRODUCT DELIVERY are provided in the \u201cdelivery policy\u201d in Appendix 2 of the present Terms and are accessible via hyperlink at the bottom of each SITE page.<\/p>\n
<\/p>\n
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 \u2013 Withdrawal Policy.<\/p>\n
<\/p>\n
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)<\/p>\n
Martin Plastique Innovation reminds consumers that the following points apply to the legal guarantee of conformity:
\n\u2013 they have 2 years to act following delivery of the PRODUCT in question;
\n\u2013 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.
\n\u2013 they are exempted from providing proof of the PRODUCT\u2019S 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.
\n\u2013 the legal guarantee of conformity remains applicable regardless of any potential commercial warranty having been agreed to.
\n\u2013 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.<\/p>\n
<\/p>\n
The VENDOR\u2019s responsibility may in no way be incurred in the event of the non-execution or of the poor implementation of the CUSTOMER\u2019s contractual obligations, particularly as concerns the order\u2019s registration.<\/p>\n
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.<\/p>\n
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.<\/p>\n
<\/p>\n
The VENDOR collects personal data concerning its CUSTOMERS through the SITE, including through cookies. CUSTOMERS may deactivate cookies by following their web browser\u2019s instructions.<\/p>\n
The data collected by the VENDOR are used to process orders placed on the SITE, to manage the CUSTOMER\u2019s 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.<\/p>\n
In compliance with its declaration to the CNIL, the CUSTOMER\u2019s data are kept confidential by the VENDOR with respect to the needs of the contract, its execution and in compliance with the law.<\/p>\n
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\u2019s service providers for the purposes of order processing.<\/p>\n
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.<\/p>\n
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.<\/p>\n
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: evvo@evvo-snow.com, or by sending a letter to ZA de l\u2019Allier 42220 Bourg-Argental.<\/p>\n
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.<\/p>\n
<\/p>\n
The VENDOR has made available a \u201cCustomer Service Line\u201d for CUSTOMERS at the following number:
\n04 74 39 83 58.<\/p>\n
Any written claim made by a CUSTOMER should be sent to the following address: ZA de l\u2019Allier 42220 Bourg-Argental or by e-mail to the following address: evvo@evvo-snow.com<\/p>\n
<\/p>\n
All of the SITE\u2019s visual and audio components, including the underlying technology utilized, are protected by copyright, trademarks and\/or patents. These components are the VENDOR\u2019s exclusive property. Any person publishing a website that wishes to have a direct hyperlink to the SITE must request the VENDOR\u2019s authorization for such in writing.<\/p>\n
The VENDOR\u2019s authorization shall in no way be provided permanently. This link will have to be deleted upon the VENDOR\u2019s request. Hyperlinks to the SITE that use techniques such as framing or in-line linking are strictly forbidden.<\/p>\n
<\/p>\n
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.<\/p>\n
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.<\/p>\n
<\/p>\n
The present Terms of Sale apply to all purchases made online on the SITE, as long as the SITE is available online.
\nThe 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.<\/p>\n
<\/p>\n
The present Terms of Sale, as well as the relations between CUSTOMER and VENDOR, are governed by French law.
\nOnly French courts shall have jurisdiction in the event of any dispute.<\/p>\n
However, the CUSTOMER is encouraged to contact the VENDOR\u2019s claims department before engaging any arbitration or legal proceedings.
\nIf 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.<\/p>\n
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.
\nIf the parties are unable to reach an agreement after seven (7) days, the dispute shall be submitted to a conventional or judicial mediator.
\nIn 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.<\/p>\n
<\/p>\n
In principle, the CUSTOMER has the right to withdraw by sending or giving back the PRODUCT to the VENDOR.<\/p>\n
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.<\/p>\n
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.<\/p>\n
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.<\/p>\n
If the CUSTOMER\u2019s 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.<\/p>\n
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:
\n\u2013 by mail at the following address: RICOCHET 325 route Valparc\u00a0 \u2013 74330 Poisy (France)
\n\u2013 by e-mail:\u00a0contact@ricochet.fr<\/a><\/p>\n