General Terms and Conditions

Terms of Sales :

Company Montagud Christian

Self-employed status

Head office: 29 Le Bourg, 50210 Camprond;

Telephone number: 06 79 71 39 62

Email address: la.roue.du.passe.com@gmail.com

RCS ( or Trade Directory ) of Coutances n° 438 844 904

SIRET identifier: 438 844 904 00021

Host: Shopify – Shopify Inc. 126 York St. Ottawa, ON K1N 5T5 Canada

VAT not applicable, art. 293 B of the CGI.

La Roue du Passé is registered with an eco-organization in the packaging sector as part of Extended Producer Responsibility (EPR). This allows management of the end of life of packaging, particularly in terms of collection, sorting, recycling, eco-design and consumer information.

Name of the mandated eco-organization: Citeo.com

IDU number for household packaging: FR331464_01OUCB

General conditions of sale for products sold on the site larouedupasse.com

Any order placed in the La Roue du Passé online store constitutes acceptance of the general conditions of sale set out below.

Date of last update: February 14, 2020

Article 1: object

These conditions govern sales by the company Montagud Christian located at 29 Le Bourg 50210 Camprond of second-hand items.

Article 2 - Price

The prices of our products are indicated in euros including tax (La Roue du Passé is not subject to VAT art. 293 B of the CGI according to its self-employed status), unless otherwise indicated and excluding processing and shipping costs. .

In the event of an order to a country other than mainland France, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums do not fall within the jurisdiction of the company Montagud Christian. They will be your responsibility and are your entire responsibility, both in terms of declarations and payments to the competent authorities and organizations in your country. We advise you to inquire about these aspects with your local authorities.

All orders regardless of their origin are payable in euros.

The Montagud Christian company reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the price in force at the time of validation of the order and subject to availability.

• The products remain the property of the Montagud Christian company until full payment of the price.

Please note: as soon as you take physical possession of the products ordered, the risk of loss or damage to the products is transferred to you.

Article 3 - Orders

You can order:

• On the Internet: larouedupasse.com
• By telephone on 06 79 71 39 62 (price of a call on a mobile phone)
• By email: la.roue.du.passe.com@gmail.com

The contractual information is presented in French and will be confirmed at the latest when your order is validated.

The Montagud Christian company reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of difficulty concerning the order received.

Article 4 - Validation of your order

Any order appearing on the larouedupasse.com website assumes adherence to these General Conditions. Any order confirmation implies your full and complete acceptance of these general conditions of sale, without exception or reservation.

All the data provided and the recorded confirmation will constitute proof of the transaction.

You declare that you have perfect knowledge of it.

The order confirmation will constitute signature and acceptance of the operations carried out.

A summary of your order information will be communicated to you via your order confirmation email address.

Article 5 - Payment

The fact of validating your order implies for you the obligation to pay the price indicated.

Payment for your purchases is made by credit card (Visa, Mastercard, Amex, Apple Pay, Google Pay using the secure Shopify Payments system. All Shopify Payments transactions are subject to the Shopify Payments Privacy Policy .

You can also pay for your purchases by Paypal, by check or by bank transfer. In this case, you have a period of 4 rolling days to send us your payment. In the event of non-compliance with this deadline and without contact on your part, your order will be canceled and you will no longer be authorized to place an order on the larouedupasse.com site, in order to avoid wasting our time.

Article 6 - Withdrawal

In accordance with the provisions of article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from receipt of your products to exercise your right of withdrawal without having to justify reasons or to pay penalty.

The customer then has 14 days to return the item to us (date of the carrier's stamp as proof). Beyond this period, the company Montagud Christian reserves the right not to take back the item, the legal conditions of the contract having not been respected, thus resulting in the lapse of the right of withdrawal.

Returns must be made in their original condition and complete (unwashed and uncut fabrics). In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may be such as to frustrate the right of withdrawal.

Return costs are the responsibility of the customer.

In the event of exercising the right of withdrawal, the company Montagud Christian will reimburse the sums paid (excluding delivery costs), within 14 days following receipt of your returned package and via the same means of payment as that used when ordering.

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

In accordance with the provisions of article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to:

• The provision of services fully executed before the end of the withdrawal period and whose execution has started after the express prior agreement of the consumer and express waiver of his right of withdrawal.
• The supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period.
• The supply of goods made to the consumer's specifications or clearly personalized.
• The supply of goods likely to deteriorate or expire quickly.
• The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
• The supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
• The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional.
• The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery.
• The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications.
• Transactions concluded at a public auction.
• The supply of digital content not provided on a material medium whose execution has begun after the express prior agreement of the consumer and express waiver of their right of withdrawal.

Article 7- Availability

Our products are offered as long as they are visible on the larouedupasse.com website and while stocks last. For non-stocked products, our offers are valid subject to availability from our suppliers.
If a product is unavailable after placing your order, we will inform you by email. Your order will be automatically canceled and you will be refunded immediately.

Article 8 - Delivery

The products are delivered to the delivery address indicated during the order process, within the time indicated on the order validation page.

When it comes to delivery to a relay point, the choice of relay point is made after payment for the order.

In the event of a shipping delay, an email will be sent to you to inform you of a possible impact on the delivery time indicated to you.

In accordance with legal provisions, in the event of late delivery, you have the option of canceling the order under the conditions and procedures defined in article L 138-2 of the Consumer Code. If in the meantime you receive the product we will reimburse it and the delivery costs under the conditions of article L 138-3 of the Consumer Code.

In the event of deliveries by a carrier, the company Montagud Christian cannot be held responsible for late delivery due exclusively to the unavailability of the customer after several appointment proposals.

We do everything we can to ensure that packages are protected as best as possible. However, if the item was damaged in transit (or you suspect it was damaged), you must refuse the package when it is handed over by the delivery person. If you accept the package, the insurance taken out with the delivery company will no longer be eligible and no reimbursement can be offered for damage to the item.

Article 9 - Guarantee

All our products benefit from the legal guarantee of conformity and the guarantee against hidden defects, provided for by articles 1641 et seq. of the Civil Code. In the event of non-conformity of a product sold, it may be returned, exchanged or refunded.

Please note that the colors of the items may differ from one screen to another. Despite the greatest care taken in retouching the photos so that they correspond to the exact colors of the articles, a slight difference in color may be noted on a screen other than that used on the La Roue du Passé site. This will therefore not constitute an admissible reason for non-compliance or hidden defect provided for by articles 1641 et seq. of the Civil Code.

All complaints, requests for exchange or refund must be made by email within 14 days of delivery.

The products must be returned to us in the condition in which you received them with all the elements. Shipping costs will be reimbursed to you on the basis of the price invoiced and return costs will be reimbursed upon presentation of supporting documents.

The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.

Article 10 - Liability

The products offered comply with current French legislation. The Montagud Christian company cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with local authorities the possibilities of importing or using the products or services you plan to order.

Furthermore, the Montagud Christian company cannot be held responsible for damage resulting from improper use of the product purchased.

Finally, the Montagud Christian company cannot be held responsible for any inconveniences or damages inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses.

Article 11 - Applicable law in the event of disputes

The language of this contract is French. These conditions of sale are subject to French law. In the event of a dispute, the French courts will have sole jurisdiction.

Article 12 - Intellectual property

All elements of the montagud-tissus.com site are and remain the intellectual and exclusive property of the Montagud Christian company. No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the site, whether software, visual or sound. Any simple or hypertext link is strictly prohibited without the express written consent of the Montagud Christian company.

Article 13 - Personal data

The Montagud Christian company reserves the right to collect nominative information and personal data concerning you. They are necessary to manage your order, as well as to improve the services and information we send to you.

They may also be transmitted to companies that contribute to these relationships, such as those responsible for carrying out services and orders for their management, execution, processing and payment.

This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.

In accordance with Law No. 78-17 of January 6, 1978, you have the right to access, rectify and oppose personal information and personal data concerning you, by contacting us directly at the montagud address -tissus@gmail.com.

Additional update of May 25, 2018:

The personal data that may be collected on the Site are as follows:

Creation of account/profile: your last name, first name, postal address, email address, telephone number and your connection data are recorded when you create your account/profile.

Connection to the site: on this occasion, your connection, navigation or even location data are recorded.

Payments on the site: none of your bank details, or your credit card data, are recorded on the site because all payments by credit card are made on the Paypal site.

Contact: when filling out the contact form, your name, first name, email address and your message are collected.

Cookies: Cookies are used, as part of the use of the Site, to collect certain information (in particular, your IP address, information relating to the computer used for browsing, connection mode, type and the version of the internet browser, the operating system. You can deactivate Cookies from your browser settings. The uses of your personal data are mainly as follows:

• access and use of the site;

• verification and authentication of your data;

• optimization of the layout and operation of the site;

• fight against fraud, misuse, viruses and other malicious software;

If you refuse to provide mandatory information, you may not have access to certain services, features or sections of the Site.

Our host Shopify Inc is located outside the European Union, in Canada. The following guarantees have been taken to ensure a sufficient level of protection of personal data:

• Shopify adheres to the “Privacy Shield” principles:

EU-US PRIVACY SHIELD FRAMEWORK: ACTIVE

Article 14 - Archiving Evidence

The Montagud Christian company will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code.

The computerized records of the Montagud Christian company will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.