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Terms and conditions of use

 GENERAL TERMS AND CONDITIONS OF SALE OF

« LES MACHINES DE L’ILE » ONLINE SHOP.

SPL LE VOYAGE A NANTES - 1 -3 rue Crucy

 BP 92211 / 44022 Nantes


These General Terms and Conditions of Sale are valid from 13/04/2015


 

Article 1. Purpose

 

The purpose of these General Terms and Conditions of Sale is to define the rights and obligations of the SPL LE VOYAGE A NANTES (society in charge of the management of the tourist site of the Machines de l’île through public service delegation of Nantes Métropole) and of its Customers (natural persons that are consumers) as part of the sale of Products through the commercial Site – boutique.lesmachines-nantes.fr (hereafter referred to as the Website)

 

Identification of the provider of the offer: the Website « www.lesmachines-nantes.fr » is owned by SPL LE VOYAGE A NANTES, a publicly-owned local corporation

With capital of 1 000 000 €, Registered with the trade and companies register of Nantes under number 482 414 216, with INTRA COMMUNITY VAT NUMBER FR 41 482 216 000 44, with headquarters located at 1-3 rue Crucy – BP 92211 / 44022 Nantes Cedex 1 – France

 

 

Article 2. Scope

 

These General Terms and Conditions of Sale only apply to the orders placed on the website boutique.lesmachines-nantes.fr of products delivered and charged in Metropolitan France, overseas departments, and abroad if necessary. The Conditions that apply are those in force on the Website at the time the order is placed. SPL LE VOYAGE A NANTES reserves the right to modify, without notice and at any time these General Terms and Conditions of Sale, changes are then applied to all subsequent orders.

 

Any order for products through the Website implies the Customer's acceptance without reservation of all the General Terms and Conditions of Sale. Accordingly, any order placed by the Customer shall be validated only after express acceptance without limitation or reserve of these General Conditions of Sale.

 

In accordance with the provisions of article L 369-1 of the Civil Code, these General Terms and Conditions of Sale may be kept by any person visiting the Website, by means of computer recording and can furthermore be reproduced by the Customer, by way of printing.

 

These General Terms and Conditions of sale represent the basis for commercial negotiations. They prevail over the purchasing terms or the special conditions not specifically approved by the SPL LE VOYAGE A NANTES. Any contrary condition that may be raised in objection by the Customer, will, thus, be unenforceable to SPL LE VOYAGE A NANTES, regardless of the time when it may have been brought to its knowledge. SPL LE VOYAGE A NANTES’s decision not to take advantage of one of the aforementioned clauses in these Terms and Conditions at a given instance in time is not to be interpreted as a renunciation of the right to any and all clauses at any ulterior time.

 

 

Article 3. The order

 

3.1- Ability to place an order:

 

Is a Customer, under these General Terms and Conditions of Sale, any natural person aged at least 18, having the legal capacity to place an order on the Website. Therefore, the natural person Customer states having full legal capacity to place an order on the Website and to adhere to these General Terms and Conditions of Sale.

 

3.2- Placing an order: Terms and Conditions:

 

The orders shall be placed in French and in Euro. Any order can be placed by the Customer directly on the Website.

 

For any Order, the Customer must bear the telecommunication costs when accessing the Internet or using the Website.

 

All the steps necessary for the sale shall be specified on the Websites.

 

Prior to the first order, the Customer accepts to create a personal account on the Website by providing some information allowing the management of the order and of the shipping and particularly his or her first name and family name or the name of his or her company, his or her postal address (es), his or her email address necessary when the order is confirmed, his or her telephone number(s). All the information related to a Customer is protected by a personal password entered by the Customer him or herself and can be changed as desired by him alone. When placing the order, the Customer is required to check the accuracy of the information above and when needed, to correct them.

The provided personal information may be modified all the time and at any time by the Customer.

The Customer places his or her order according to the process in use on the Website www.lesmachines-nantes.fr. This process can be summarized as follows:

 

- The Customer creates a « customer account » as part of a first order and records his or her information for the purpose of placing an order or connects via his or her existing customer account; the Customer indicates notably his or her family name and first name, his or her postal shipping address and/or his or her postal shipping and/or billing address, telephone number and e-mail address. He or she may indicate the « Pass ambassadeur » or the « Sésame Card » number available in the « Promo Code » zone.

 

-The Customer selects the different Products he or she wishes to order. A detailed description of the selected product (dimension, weight, photograph) and its sale price shall appear. The Customer orders the selected product(s) by clicking on the  « add to cart » button. The Customer can conclude his or her purchases by clicking on « Order » or proceed with the order by adding other product(s) of his or her choice to his or her shopping cart. The customer may have the possibility to correct or modify his or her order before final confirmation.  SPL LE VOYAGE A NANTES   shall not be held responsible for any data entry errors by the Customer, or for any of their potential consequences such as delays or delivery errors. In that case, the expenses incurred by a potential reshipping shall be borne by the Customer;

 

-Before the confirmation of the order, the information concerning the order, the operating mode, the time delivery and the corresponding charges are displayed. The Customer shall make sure that all the given information is correct (contact details, delivery address, etc.). The Customer can still correct possible mistakes.

 

-The Customer acknowledges that he or she has read the General Terms and Conditions of Sale and that he or she accepts these Terms;

 

-The Customer confirms definitively his or her order by clicking on the « confirm order with payment obligation »; 

 

-By clicking on the method of payment, the Customer confirms his or her order and has access to the secured payment platform. He or she can no longer change his or her order.

 

-The Customer shall make payment in accordance with the procedures specified in article 7 below; from that moment onwards, the order is registered. The data recorded by SPL LE VOYAGE A NANTES constitutes proof of the nature, content, and date of the order. In the event where the concerned bank does not want to pay, the order shall automatically be cancelled.


-The Customer then receives on screen and by e-mail an order confirmation (hereinafter referred to as the « email confirming the order » resuming all the data concerning the order and specifying the shipping conditions. 

 

 3.3- Processing- Changes in the order:

 

The email confirming the recording of the order constitutes for the Customer a proof of his or her order and of the payment made. It is up to the Customer to keep this document.


Any Customer, having opened a valid user account on the Website shall be liable for any purchase, requiring submission of his or her e-mail address and personal password, subject to the right of cancellation mentioned in Article 10 below. Therefore, any change request made by the Customer shall be subject to VOYAGE A NANTES’s acceptance in writing. At its own initiative, LE VOYAGE A NANTES can make changes to the ordered product that are related to technical developments provided to in article R132-2-1 of the Consumer Code.

 

The order shall be considered as definitive only until after an email confirming the order is sent to the Customer, specifying the shipping conditions of the Products.

 

In accordance with the provisions of article L 122-1 of the Consumer Code, LE VOYAGE A NANTES reserves the right to refuse any Order for a legitimate reason, particularly in the event of payment problems, of delivery problems because of incomplete and/or inaccurate data given by the Customer, of a unusually high number of orders when compared to the number of orders usually placed by the Customers or of the orders placed in bad faith.

 

LE VOYAGE A NANTES reserves the right to request from the Customer, a proof of address (EDF/France Télécom bill…), when the amount or the content of the order justifies it. In this case, the Customer will be notified by email as soon as possible and will have the possibility to cancel his or her order.

 

Any order implies acceptance of price and characteristics of the products featured on the Website.

 

The Customer can consult his or her order processing by logging in his or her personal account on the Website.

 

 

 Article 4. Products

 

SPL LE VOYAGE A NANTES describes on its Website the essential characteristics of the products and services offered for sale.

 

The product offers are valid as long as they appear on the Website www.boutique.lesmachines-nantes.fr

 

In the event of a withdrawal from shops of a product by the supplier, the Product will be removed from the Website as quickly as possible, with no possibility of claim for the Customer.

 

For technical reasons the actual characteristics of the products can sometimes slightly differ, particularly in terms of colour, from those that appear on the photographs displayed on the Website.


The customer is invited to take note of the instruction guides or of any other information provided with the product or attached to the product or to its packaging, particularly the information related to the potential precautions for use, to the conditions and restrictions of use, to the maintenance.

 

 

Article 5. Availability of products


The products are offered for sale over defined time periods and within the limits of stocks available. In the event of unavailability of all or part of the ordered products, it will be specified on the product data sheets, the offers being valid subject to availability from the suppliers.

When ordering a product which is out of stock, SPL LE VOYAGE A NANTES shall inform the Customer by email or via the customer account on the Website boutique.lesmachines-nantes.fr, with knowledge of this unavailability and if need be, the period when the product(s) will be available.

 

The Customer may cancel his or her order totally or partially or accept a product of equivalent quality and price by SPL LE VOYAGE A NANTES.

 

In the event of one or several ordered products being definitively unavailable, if a customer refuses to wait for the availability of the product(s), if a customer refuses the replacement of the product, the Customer’s bank account will only be debited for the amount of the products or the services ordered and actually delivered, as well as the amount of the shipping fees related to the delivery.

 

In the event where the Customer’s account would have been previously debited of the whole amount of the initial order, a reimbursement of an equivalent of the one of the non delivered products and of the related shipping fees would be done as quickly as possible.

 

 

Article 6. Price and participation in shipping costs

 

Sales price displayed on the Website are in Euro, including all taxes. Any change in the VAT rate will be automatically applied on the sale price of the ordered Product(s).


The selling price does not include the shipping costs at the Customer’s expense, in addition to the price of the product appearing on the Website.

 

The amount of shipping costs is calculated according to the weight of the parcel and to the delivery zone.
This amount is shown to the Customer before the final confirmation of the order and recalled in the order confirmation email. (See article 2 aforementioned)

 

Delivery costs are offered by the SPL Le Voyage à Nantes from 50 € for national mailings.

 

Any order will be invoiced inclusive of all taxes. Besides, for a delivery outside the European Union, the Customer will be required to pay additional custom duties and other taxes due for import of products on the shipping area. In all cases, the payment of these rights and taxes are the responsibility of the Customer and shall remain fully in charge of the latter. The SPL Le Voyage à Nantes has no control over these taxes and has no means to foresee them. Customs policies vary greatly from one country to another. Therefore, the Customer is invited to find out from the relevant authority in their country. The Customer shall also check the possibility of importing or using the ordered products in the country of destination.

 

SPL LE VOYAGE A NANTES reserves the right to modify the prices of products at any time. In the event of a rise in the prices after the order, the products shall be charged to the customer on the basis of the prices in force at the moment of the order confirmation.

The shipping fees, calculated according to the nature of the ordered items and to the selected carrier shall be specified in the Customer’s shopping cart at the end of the selection of the different products, and shall be recalled in the order summary that precedes confirmation.

This cost shall be also specified in the order confirmation email and in the electronic invoice downloadable once the payment is made from the personal account created by the Customer. 

Orders placed on the Website are valid for a worldwide delivery. These General Terms and Conditions of Sale are applicable for any order fulfilled in view of a delivery for territories all around the world.

 

 

Article 7. Payment of the orders

 

The payment for the entire shopping cart is done all at once, whatever the Products appearing. By clicking on the « confirm order » button, the Customer definitively confirms his or her order and undertakes to pay the price. By clicking on the method of payment, the Customer confirms his or her order and has access to the secured payment platform to pay online.

 

The Products and contributions to the packing and shipment expenses are payable with the order.

 

7.1- Methods of Payment/Security of transactions:

 

In order to secure the transactions made on the Website and fight against card fraud, the data transferred relating to your order are automatically analysed by the Caisse d’Epargne to determine a maximal level of reliability.

To make sure that the Customer is the owner of the used credit card, SPL LE VOYAGE A NANTES may ask the Customer, by email, to provide proof of identity and domicile, in order to protect the Customers from fraudulent transactions.

The ordered Products and the delivery charges are due at the time of the order by payment card (credit card, Visa or Eurocard, Mastercard).

 

Without prejudice to the Customer’s right to exercise his or her right of cancellation of the order in the conditions specified in the General Terms and Conditions of Sale, the payment order made by Credit Card cannot be cancelled. The bank account linked to the credit card used by the Customer will be debited at the definitive confirmation of the order.

 

The Customer guarantees LE VOYAGE A NANTES that he or she is the holder of the credit card used to make the payment of the order and that he or she has sufficient funds to pay the full amount of his or her order.

 

SPL LE VOYAGE A NANTES benefits from an order analysis system (fraud detection). The information relating to your order is subject to automated data processing, which is the responsibility of Caisse d’Epargne. The purpose of this automated data processing is to define a level of analysis for a transaction and to fight against credit/debit card fraud.

 

SPL LE VOYAGE A NANTES is the recipient of the data specific to the customer order. The non-transmission of data related to your order prevents the execution and analysis of your transaction.

Besides, SPL LE VOYAGE A NANTES uses the Caisse d’Epargne bank ’s secure payment system (called Secure Socket Layers) and its collection bank server called Convention SP Plus. At the time of the payment transaction by credit card, the Customer will be automatically connected to the Caisse d’Epargne bank’s server. The Customer’s banking data, protected by encrypting code, will not transit, and thus will not be stored by SPL LE VOYAGE A NANTES’s computer systems. The payment approval codes issued by the banks are the only items that are retained.

 

At the end of the transaction, a certificate for payment is issued by the Caisse d’Epargne after the recording of the banking information. It is for the Customer to keep this certificate as a proof concerning the transaction entered.

 

If the debit of the due sums for the payment of the order is impossible, for whatever reason, the buying process on the Website will be cancelled.

 

Payment failure arising from a fraudulent use of a credit/debit card shall relate details concerning your order to this payment failure and register it in a payment incident file put in place by the Caisse d’Epargne.

 

In accordance with the modified Data Protection Act of 6 January 1978, The Customer has at any time a right to access, modify, and oppose all of his or her personal information as provided for in Article 16 below.


7.2. Invoicing/ Late payment


A detailed invoicing is sent in the Package shipped to the Customer and is downloadable on the Customer Account.

The electronic invoice can be downloaded for printing by the Customer from his Customer Account, after paying his order, as well as from the link appearing in the order confirmation email.

It is made available at any time for the Customer when he logs in to his Customer Account, in the track orders section.

In the event where the payment would not be made before the delivery of the products, or in case of payment delay, the SPL Le VOYAGE A NANTES shall be entitled to charge to charge late payment penalties without any prior formal notice being necessary. The rate applicable to these penalties shall be equivalent to a rate of 3 times the legal interest rate. The acceptance of the package entails automatically, in case of payment delay, the application in addition to these penalties for delay, the invoicing of the administrative costs occasioned by the processing of the application that can amount to 60 euros excl. tax.

 

In the event of late payment, the billing of penalties for late payment and of the administrative fees incurred does not rule out the possibility for SPL LE VOYAGE A NANTES to claim for additional damages. Finally, the purchaser, of any kind, may never on account of a complaint formulated by him, retain the totality or a part of the amount that he must pay, nor operate compensation. In the case of an appeal before a court, the SPL LE VOYAGE A NANTES shall be entitled to require the purchaser to reimburse the costs related to the prosecution.

 

 

Article 8. Delivery

 

8.1- Delivery Terms:

 

Once the order has been shipped, the Customer will receive an email from the carrier including the tracking number of his or her package.

 

The Product will be delivered to the address indicated by the Customer during the recording of the order. The Customer commits himself or herself to taking delivery of the ordered products at the shipping address appearing on the order confirmation email.

Besides, SPL LE VOYAGE A NANTES may refuse delivery in some public spaces in the case of an absence of security for the delivery (hotels, schools, bars, restaurants, etc.…).  Indeed, it is impossible to ensure the delivery to the addressee in person in one of these places.

The Customer shall be delivered at the shipping address that he or she gave during order entry that can only be the address of the Customer’s permanent place of residence in Metropolitan France or the address of any third party, any legal or natural person domiciled in France.

The delivery is made by Colissimo without signature (for deliveries in Metropolitan France) and with signature (for deliveries outside France, including outside Metropolitan France). It can only be made once the order has been confirmed by the customer and the payment made in full.

It is the responsibility of the Customer to take all requisite action to receive the order. In the case of an order showing a delivery address that is different from the billing address, SPL LE VOYAGE A NANTES or the carrier may contact the person in charge of the receipt of the order. 

 

The carrier will deliver the order to the Customer in person or to the third Party, a natural person designated by the Customer or to any person who is authorized, having the authority to accept the delivery of the order in the name of the addressee (a person finding himself or herself at the same address as the Customer or the designated third party.)

 

At the time of the delivery, the Customer or the Addressee may be required to show their identity paper (s) and/or any other supporting documents proving the identity of the Customer (proof (s) of address…) and, if needed, the person indicated for the delivery.

In the case of a refusal to provide the requested documents or in the event where the latters did not correspond to the information given by the Customer, SPL LE VOYAGE A NANTES reserves the right to cancel the sale and not deliver the package. In this case, and, except in cases where bad faith is shown, the SPL LE VOYAGE A NANTES will reimburse the Customer the cost of the Products, except shipping costs, by crediting the bank account that had been debited. 

The shipping costs specified in article 2 aforementioned will be borne by the Customers under the conditions defined in article 7 of these terms and Conditions of Sale.

 

When the carrier submits the package (s), the Customer should be present to allow a delivery in the best possible conditions. The transport does not include the delivery to upper floors that remains with the deliverer’s approval.

 

If the first attempt of delivery fails, the Customer will have to follow the procedure indicated by the carrier to withdraw his or her package(s) by his or her own means and expenses. The retention period for the package(s) by the carrier will be indicated by the latter with a delivery notification left in the mailbox at the delivery address.

 

After that period and if the package is returned by the carrier to the SPL LE VOYAGE A NANTES, the latter will have the right to cancel the order because of the Customer .The ordered products, not delivered and not withdrawn will be subject to a return for failure to deliver attributable to the customer.

 

In this eventuality of a failure to deliver attributable to the Customer, it is specified that:

 

  • The potential additional costs related to the failure to deliver because of the Customer may be borne by the latter namely:

 

- The potential return costs of the non-delivered product(s) to the Carrier correspond to the same shipping costs paid price as these of the shipped order;

- If needed, a return treatment cost at SPL LE VOYAGE A NANTES.

 

  • The re-delivery of the products to the Customer may be made by SPL LE VOYAGE A NANTES only after the customer has covered the entire return shipping cost.

 

In the case of failure to re-deliver the products and except if bad faith is shown, the SPL LE VOYAGE A NANTES shall reimburse the Customer the price of the Products, after deducting the abovementioned expenses related to the failure to deliver (except for the implementation of the right of cancellation by the Customer).

 

8.2- Delivery times:


8.2.1: Order processing times:

When the ordered item is in stock, the order processing delay (confirmation, payment and preparation) before shipping is around 3 working days for any order placed before 1 pm, and 4 working days for any order placed after 1 pm.

8.2.2: Delivery times:

Once the order is shipped, the delivery time varies according to the geographic location:

 

Deliveries in Metropolitan France:

 

  • The Colissimo suivi France option:  (delivery within 3 to 5 days) 

 

International deliveries and to French overseas departments and territories:

 

  • The Colissimo suivi International option:  (delivery within 4 to 11 days)
  • The Colissimo suivi DOM-TOM option: (delivery within 6 to 10 days)

 

Except for particular requirements agreed upon at the time of ordering and accepted by the Customer upon conformation of the order, the Products shall be delivered to the customer within the deadlines set out above required for processing, preparation and shipment of the order.

In the event of a delay in delivery, the customer may request termination of the sale under the conditions described in Article L. 138-1 and following ones of the Consumer Code. 

In the eventuality where the delay in delivery would be attributable to the Customer, particularly in the case where the Customer would not be available to receive the package, the provisions of article L. 138-1 of the Consumer Code shall not apply.

 

8.3- Receipt of the order/ Transfer of risks:


The transfer of risks will intervene on the delivery date, upon delivery of the products to the Customer, who alone shall assume all risks (particularly in cases involving loss, theft or damage) of the delivered products.


Upon delivery of the order, the Customer or the designated or authorized third party is responsible for checking closely the quality of the delivered Products and the conformity of the products delivered compared to the order.

 

If, at the time of delivery, the outward appearance of the package appears damaged, the Customer or the addressee of the Products will open it in the presence of the carrier in order to check the condition of the Product(s).

 

If an anomaly is detected (in particular missing, damaged or broken Products), the Customer shall refuse to receive the Product and indicate on the delivery form “ refusal due to damage”.»

 

In the case of non-compliance of Products to the order found at the time of delivery, in order to allow the processing of the Customer’s claim, as quickly as possible and under optimum conditions, the Customer shall issue useful detailed reserves on the delivery receipt.

 

Any complaint concerning a default or apparent defect during the delivery of a Product, needs to be valid, to be registered within 48 hours after receipt of the items by email or by mail sent to the Customer service of the Website.

 

The Customer may request for a new delivery or the cancellation of his order from SPL LE VOYAGE A NANTES.

 

For any request to return a product within the framework of the statutory guarantee and/or of contractual guarantees:

 

- The Customer must contact the SPL LE VOYAGE A NANTES through the Website (customer account) or by email or by mail at the following address of the Machines of the Isle-– SPL Le Voyage à Nantes, Bd Léon Bureau, 44200 Nantes. The SPL LE VOYAGE A NANTES shall then determine the coverage or not by the guarantee and shall provide the Customer with the terms of treatment of the latter.

 

- Return, upon written approval of SPL LE VOYAGE A NANTES and after getting a return number, the product in its original packaging or highly protective special packaging providing maximum protection of the item (cardboard, pallet…). The Customer must free him or herself  from the recovery and even from the purchase of an appropriate container. The SPL LE VOYAGE A NANTES cannot be required to provide the Customer with this packaging or to pay for the purchase.

 

In the cases of any request for a refund of the price of the Product, it will be paid only after expertise of the product and written approval of the SPL LE VOYAGE A NANTES, within a maximum of 30 (thirty) days from the receipt of product.

 

 

Article 9. Title retention

 

The ordered products remain the property of the SPL LE VOYAGE A NANTES until full payment of the price by the Customer and the actual receipt of the total amount. In the case of a delivery before full payment of the price, the Customer undertakes, as long as the property has not been transferred to him or her and in view of the risks transferred to him or her during delivery, to take all useful precautions for the good conservation of the products.

 

 

Article 10.  Cancellation Right – Return procedures in case of Cancellation

 

10.1- Cancellation right:

 

The legal cooling-off period is fourteen (14) days from the receipt of Products, in accordance with articles L 121-21 and the following ones of the Consumer Code, unless exceptions and limitations outlined below.

The right of cancellation may be exercised by the Customer consumer by any declaration, unambiguous, expressing his willingness to withdraw or by sending SPL LE VOYAGE A NANTES the withdrawal form duly completed available and downloadable here.

In the case of an order concerning several Products delivered separately or concerning a product consisting of lots or of multiple parts the delivery of which shall be staggered, the withdrawal period starts upon receipt of the last product or batch or part. 

The proof of effective exercising of the right of cancellation shall be borne by the Customer.

The Customer must send the Products back, by his or her own means without undue delay and at the latest, within the fourteen (14) clear days following the communication of his decision to withdraw.

The Customer as he or she sends back the Products within this period, via a return note, shall be entitled to the reimbursement of the price of the ordered product and to the reimbursement of the shipping costs (not return) based on a standard cost of delivery. In any event, and whatever means are employed by the Customer to return the products, the return costs will remain his or her responsibility.

The refund of the Products returned at the billed price including shipping costs (not return) will be made by using the same method of payment that was used to pay within the fourteen (14) days following the receipt of the information of the Customer about his or her decision to withdraw, the SPL LE VOYAGE A NANTES reserves the right to defer the reimbursement until the recovery of the Product or of the proof of dispatch of these Products by the Customer, whichever is the earliest. 

In case of use of the cancellation right for only part of the order, only the billed price of the Products returned will be refunded.

The return shipping costs shall remain the responsibility of the Customer except for defect or proved non-compliance of the Product. 

In case of partial cancellation of the order, the Customer that would have benefited from free delivery of the initial order on account of the total value reaching the required threshold, may be billed for the delivery charges applied to the actual order if the total value of the final order no longer reaches the amount required for free delivery.

Warning, batches or packs of products cannot be made subject to a partial cancellation on their content. A batch or a pack is considered as one single product and can be made subject to the right of cancellation only as a whole.

 

 10.2- Absence of cancellation right:


The cancellation right shall not be exercised for the contracts listed in article L.121-21-8 of the Consumer Code, and particularly for contracts:

- Providing goods and services made to the consumer's specifications or clearly personalized;

- Of the supply of sealed audio or video recordings or sealed computer software which were unsealed by the consumer;

- Of the supply of products which, because of their nature, cannot be returned or which are liable to deteriorate or expire rapidly (consumable products, books, catalogues, etc.…);

- Of the supply of products which were unsealed by the consumer after the delivery and of Products that cannot be returned for hygienic reasons or for health protection;

- Of the supply of a newspaper, magazine or other periodical publication (except for subscription contracts to these publications).

 

10.3- Return procedures:

 

If the customer uses his right of cancellation, the return of products must be executed using the original packaging unsealed and in perfect condition including any possible accessories and instructions. Besides, the returned product must be in perfect condition and shall by no means have been used.

 

All products that are returned incomplete, spoiled, damaged, used or soiled may allow SPL LE VOYAGE A NANTES to request from the customer the compensation for any damages.

The Customer might be held liable in case of the diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature, the characteristics and functioning of the Product. To ascertain the nature, characteristics and functioning of the Products, the Customer can only handle and inspect with all the necessary precaution.

 

The return must be conducted according to the procedure described below: 

 

The customer can issue a request to return a product to the customer service of the e-shop by email or by any other means providing him or her with an acknowledgment of receipt. The customer service shall send an email to the Customer including a return voucher and the latter shall return the Products by his or her own means having previously filled in the return voucher- to the following address:

Machines de l’Ile – SPL Le Voyage à Nantes

Bd Léon Bureau

44200 Nantes

 

It is recalled that in this case, the return shall be carried out at the customer’s own risks. The transfer of risks will be made upon receipt of the Products in the in warehouses of SPL LE VOYAGE A NANTES after verification of their condition.

 

The return costs remain the responsibility of the Customer.

 

According to the chosen means of transport, the Customer is responsible for the packaging of Products so that these can travel without risk of deterioration.

 

 

Article 11. Guarantees


The customer must ensure that the Products delivered correspond to the order. 

In the event that the delivered items do not comply with the order, the customer must inform the Customer Service and return the Product(s) in question under the conditions given in article 8.3 of these general Conditions of Sale.


11.1 - Legal guarantees of the natural persons consumers customers:

 

All the products displayed on the Website shall be subject to the conditions of the legal guarantees resulting from the articles L.211-4 to L211-14 of the Consumer Code or of the articles 1641 to 1649 of the Civil Code, among which:

-       Article L211-4 of the Consumer Code: « The seller must deliver goods which are in conformity with the sales contract and must also be liable to the consumer for any lack of conformity which exists at the time the goods were delivered. The seller is also responsible for defects in conformity that result from packaging, and from set-up or installation instructions when these have been made his responsibility by the contract or have been produced under his/her responsibility».


-       Article L211-5 of the Consumer Code: « To comply with the contract, the product must:

 

 

1- fit for the purpose usually of a similar property and, where applicable:

a) Match the description given by the seller and possess the qualities that this one has presented to the buyer as a sample or model;

b) Have the features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;

2- Or have the qualities defined by common agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted ».

 

- Article L211-12 of the Consumer Code

« The action resulting from the lack of conformity within two years from the time of delivery of the item ».

 

-       Article 1641 of the Civil Code: « The seller is obliged to guarantee in respect of hidden defects of the thing sold which render it unfit for the purpose for which it was intended, or that decrease this use that the buyer would not have acquired, or no would have paid a lower price if he had known ».

 

-       Article 1648 of the Civil Code: « The action resulting from latent defects must be brought by the purchaser within two years after the discovery of the defect ».

Compensation for the consequences of any hidden defect, when proven, shall involve, according to the wishes expressed by the Customer, unless the request involves a manifestly disproportionate cost in relation to the other modality:

- Either the fixing of the item,

 

- Or the replacement of the item or else the refund of its purchase price,

- In the case of a request for refund the Customer will be reimbursed after assessment of the product and within 30 days after receipt by the SPL LE VOYAGE A NANTES.


11.2 - Contractual guarantee:


If the Product were to be covered by a specific contractual guarantee specified at the time of the order:

 

In accordance with the article L211-16 of the Consumer code, any period of at least seven days when the product is out of use for repair covered by the guarantee shall be added to the duration of the guarantee that was initially granted.

The contractual guarantee does not cover damages resulting from accidents, improper use or assembly, neglect or significant change of appearance (notably, any product returned with the serial number label removed or ripped off shall be considered out-of-warranty). Any product that shows signs of impact, obvious signs, even minor of use will lose all rights to the guarantee. These operations are the only responsibility of the user and can lead to risks for the safety of goods and of people.

The contractual guarantee shall apply only in case of full payment of the order.

The contractual guarantee is a supplementary guarantee to the legal guarantees mentioned above. 

As a consequence, the provisions applicable to the contractual guarantee shall not deprive the consumer of the legal guarantee which obliges the professional seller to guarantee the consumer against all consequences of hidden defects and lack of conformity of the thing sold or of the service provided.


11.3- Arrangements for implementing the guarantees:


For any product return request under the legal guarantee and/of the contractual guarantees, the Customer must imperatively:

 

- Contact SPL LE VOYAGE A NANTES through the Website (Customer account) or by email or by mail at the following address:  Machines de l’Ile – SPL Le Voyage à Nantes, Bd Léon Bureau, 44200 Nantes. SPL LE VOYAGE A NANTES shall then determine the coverage or not by the guarantee and shall provide the Customer with the terms of treatment of the latter.

 

-Return, upon written approval of SPL LE VOYAGE A NANTES and after getting a return number, the product in its original packaging or highly protective special packaging providing maximum protection of the item (cardboard, pallet…). The Customer must free him or herself from the recovery and even from the purchase of an appropriate container. The SPL LE VOYAGE A NANTES cannot be required to provide the Customer with this packaging or to pay for the purchase.

 

In the cases of any request for a refund of the price of the Product, it will be paid only after expertise of the product and written approval of the SPL LE VOYAGE A NANTES, within a maximum of 30 (thirty) days from the receipt of product.

 

If he or she deems necessary, the consumer customer may request a prior mediation from the SPL Le VOYAGE A NANTES.

The products returned by carrier without physical protection or badly protected cannot benefit from guarantee, just like damaged, used or made dirty products .The Customer must make sure to protect and insure the returned product(s) during transport.

It is up to the Customer to keep the packaging and accessories supplied with the product as well as the possible labels on the product or its packaging, in order to be able to use the guarantee if needed.

 

 

Article 12. Customer service

 

For any information or question, the e-shop of the Machines de l’île’s customer service can be reached:

 

-       By email at the following address : morgane.leguillan@lesmachines-nantes.fr

-       By mail to send to: E-Boutique des Machines de l’Ile – SPL Le Voyage à Nantes, Bd Léon Bureau, 44200 Nantes

-       By phone at the following number: 02 72 65 30 27

On Tuesdays and Fridays from 2 to 6 pm except on public holidays.

 

It should be recalled that, inasmuch as it is necessary, no order or purchase may be made directly by the Customer by email, mail or telephone.

 

 

 Article 13. Intellectual property

 

All elements of the Website www.boutique.lesmachines-nantes.fr whether texts, images, visual or audio documents, software programs and other underlying technologies and developments, are protected under copyright and intellectual property law.

 

Any full or partial reproduction, modification or use of trademarks, illustrations or images is strictly prohibited unless express agreement of SPL LE VOYAGE A NANTES.

 

Any Customer, having a personal website, and more generally any third party wishing to place on his or her website, a direct link to the homepage of the Website, is not authorized to do so without having firstly obtained the express agreement of SPL LE VOYAGE A NANTES.

 

This agreement shall by no means constitute an implicit affiliation agreement.

 

 

 Article 14. Liability- Force Majeure

 

SPL LE VOYAGE A NANTES cannot be held liable in the event of a failure to perform the due contract, or for the improper performance of it, either because of facts attributable to the Customer, or because of unforeseeable and insurmountable facts of a third party to the Contract, either to the case of force majeure.

 

SPL LE VOYAGE A NANTES cannot be held liable for any inconvenience or damages inherent in using the Internet, such as a breach in service, outside intrusion or the presence of a computer virus, or for any event deemed to fall under force majeure.

 

SPL LE VOYAGE A NANTES cannot in any circumstances be responsible for the consequences resulting from events that are against its will, in particular with regard to force majeure involving an unforeseeable delay or any disruption of the ordering process.

 

Except where otherwise stipulated by law or regulatory provisions:

 

- SPL LE VOYAGE A NANTES has only a best-effort obligation towards its Customer and particularly concerning the access to the different pages of the Website, from the ordering process, delivery, or all other services following delivery.

 

- The responsibility of SPL LE VOYAGE A NANTES is limited to the direct and foreseeable damages

 

- SPL LE VOYAGE A NANTES may not be held liable for any personal injury or consequential damage, which may result from misuse of the products, sold on its Website;

 

The SPL Le Voyage à Nantes, owner of the Website, undertakes exclusively to comply with all current legal or regulatory provisions applicable in France. SPL LE VOYAGE A NANTES cannot, under any circumstances be held liable because of the non-compliance of a product to a foreign legislation in case of a delivery in a country other than France.

 

SPL LE VOYAGE A NANTES shall not be held responsible for commercial losses (including lost profits, of income, of contracts, of anticipated savings, of data, of products or of wasted expenses) that could result from the use of the Website.

 

Without limitation, are considered as force majeure, in addition to those which are usually retained by the case law in France: total or partial strike that is internal are external to the company, blockage of transport or supply means for any reason, governmental or legal restrictions, computer breakdowns, blockage if telecommunications including networks and particularly the internet. 

 

 

Article 15. Proof-storage-filing

 

The computerized records stored in the computer systems of the la SPL Le Voyage à Nantes, in reasonable security conditions will be considered as proofs of the sales contract, of its date, of the orders and of the payments between the parties.

The filing of the purchase orders and the invoices is carried out on a reliable and durable support in order to provide a true and long lasting copy in compliance with article 1348 of the Civil Code.

Besides, in compliance with the legal and tax obligations, a hard and a computerized copy of each invoice will be kept for a period of 10 years by SPL LE VOYAGE A NANTES.

 

 

Article 16. Personal data

 

SPL LE VOYAGE A NANTES has set up an electronic filing system which records the personal data given by the Customer when entering the order for the purpose of:

 

- Managing, tracking and delivering the order in question in the best possible conditions;

- Reinforcing and personalizing commercial communication in particular by dispatching “ newsletters »;

- Offering personal commercial offers to the Customer of products similar and/ or related to those already ordered by him or her; When entering the order, the Customer may choose to receive the Newsletters and the personal commercial offers proposed by SPL LE VOYAGE A NANTES.

 

The collection of these data is designed to manage and to track the order of the Customer, to reinforce the services offered to the Customer and to better satisfy their expectations. These data may not under any circumstances be transferred outside SPL LE VOYAGE A NANTES.

 

This data base has been subject to a declaration, in accordance with the French Data Protection and Freedom of Information Law n°78-17 dated 6th January 1978, amended by the law n°2004-801 of 6th August 2004, n°1597477vO, on 25th June 2012. 

The SPL LE VOYAGE A NANTES owner of the Website, the Caisse d'Epargne company for securing and credit card transactions, are the recipients of the personal data collected relating to the payment of orders. The Caisse D’Epargne Company is responsible for the automated data processing of these data the purpose of which is to define a level of analysis for a transaction and to fight against credit/debit card fraud.

The non-transmission of these data prevents the execution and analysis of the transaction.

Any unpaid invoices, arising from a fraudulent use of a credit/debit card will lead to the opening of a payment incidence file, implemented by the Caisse d’Epargne, where will figure your order details related to the order associated with the non-payment. An incorrect declaration or an error may also be subject to specific processing.

In accordance with the aforementioned French Data Protection and Freedom of Information Law, the Customer has, at any time, an individual right to access, modify, rectify and delete personal information about him or her. He or she can exercise this right, by sending an email via the “ Contact” section of the Website or by writing to the following address Machines de l’Ile – eboutique - SPL Le Voyage à Nantes, Bd Léon Bureau, 44200 Nantes-

 

The Customer may also, for legitimate reasons, oppose the processing of his or her personal data.

 

SLP LE VOYAGE A NANTES commits to respect the confidentiality of the personal data provided by the Customer in compliance with the “ French Data Protection and Freedom of Information Law ».

 

 

 Article 17. Cookies

 

In order to make your navigation on the Website easier, the SPL Le Voyage à Nantes uses cookies. Cookies are mainly used to give you a commodity function which enables you to save time. Cookies are used to indicate to the Web server that you have already visited a specific page. For example, if you place several orders at the same time on our website, the information contained in these cookies will be reused so that you may avoid to fill in the same authentication form several times to access to “ Your account” or else to “order tracking".

 

Your browser must enable temporary cookies. They are used to authenticate you all throughout your consultation of our Website.  No data other than those necessary for the browsing of our Website are stored in these cookies. These data are automatically deleted as soon as you close your browser.

 

You can activate them in the following way:

 

  • Internet Explorer (Microsoft) : go to the Tools menu, “options”, “Select the Security tab”. Then select the “internet” zone, then click “Custom Level”. One of the different options that you can enable or disable is entitled “"First-party Cookies". You must tick “activate” then confirm.
  • Firefox (PC & Mac) : click on the "Tools" menu then on "Options", select the "Privacy" then "Cookies" tab. Among the different options that you can activate, select " Allow sites to set cookies ".
  • Safari (Apple) : Go to  “Safari” menu, “Preferences”, “Security”, "enable cookies". Among the different options that you can activate, select " Only from Websites consulted ".

 

You can either accept or reject cookies. Most Web site browsers automatically accept these cookies, but you can also change your browser settings so that these cookies are automatically rejected.

 

Warning: if you decide to refuse cookies, you will not be able to properly benefit from all the services offered by our e-shop.

 

 

Article 18. Indivisibility


If one or several provisions of these General Conditions and Terms of Sale are held to be invalidated, this invalidation will not affect any other provisions which will remain valid and will continue to apply.

 

 

Article 19. Applicable law and jurisdiction


Contractual information is presented in French and the products offered for sale are in accordance with French regulations. When appropriate, it is your responsibility, as a foreign customer, to check with your local authorities about the possibilities of use of the product which you intend to order. The SPL LE VOYAGE A NANTES shall not be held liable in the event of non-observance of the regulation of a foreign country.

These General Terms and Conditions refer to the French Law. Any dispute relating to their interpretation and/or enforcement hereof shall be subject to the jurisdiction of the competent French courts.

 

 

 

 

 

 


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