These general terms and conditions of sale and use (hereinafter referred to as the "General Terms and Conditions") are valid from 19 February 2021.
Article 1. Definitions
“Customer" or "You" or "User" or "Consumer" means any individual consumer using the merchant website boutique.lesmachines-nantes.fr of SPL Le Voyage à Nantes (hereinafter referred to as "Le Voyage à Nantes") to order and/or purchase one or more Products.The E-Shop is not configured to allow Orders placed by professional customers and the aforementioned Orders are not allowed;
"E-Shop" refers to the commercial Internet site « boutique.lesmachines-nantes.fr » published by Le Voyage à Nantes, made available to the Customer to order and/or purchase one or more Products offered by Le Voyage à Nantes.
"Order" means any purchase of Products delivered and invoiced in Metropolitan France, DOM-TOM, and abroad, made and validated by the Customer on the E-Shop;
“Shopping Cart" means the selection of Products chosen by the Customer when visiting the E-Shop, constituting the Order;
"Products" refers to all the Products in the E-Shop that can be ordered by the Customer via the E-Shop.
Article 2. Identification of the offeror
The "boutique.lesmachines-nantes.fr" Website is the property of SPL LE VOYAGE A NANTES, a local public company with a share capital of 1,000,000 euros, registered in the Nantes trade and companies register under number 482 414 216, Intra-community VAT number FR4148241421, having its registered office at 1-3 rue Crucy - BP 92211 / 44022 Nantes Cedex – France.
SPL LE VOYAGE A NANTES is the company in charge of running the Machines de l'Ile tourist site via a public service delegation from Nantes Métropole.
For any information or questions, the Customer Service Department can be contacted:
- by phone: 02 72 65 30 27;
- by e-mail: firstname.lastname@example.org ;
- by post: E-Boutique des Machines de l’île – SPL Le Voyage à Nantes – 2 boulevard Léon Bureau, 442000 Nantes
Tuesdays and Fridays from 2pm to 6pm, except on public holidays
Article 3. Purpose
The purpose of the General Terms and Conditions is to define the rights and obligations of Le Voyage à Nantes and its Customers with regards to the sale of Products through the E-Shop.
Article 4. Scope
4.1. These General Terms and Conditions of Sale apply only to orders placed on the E-shop. On the E-Shop, Orders can be placed anywhere in the world (subject to the delivery terms set out in article 10.1).
The E-Shop is not configured to allow orders placed by professional customers and such Orders are not allowed. Thus, these General Conditions do not apply to orders placed by professionals.
For all orders, professional customers are invited to contact the Machines de l'île shop directly at the following address:
- by post or by visiting the physical point of sale: 2 boulevard Léon Bureau - 44000 Nantes;
- by e-mail: email@example.com
4.2. The Customer is invited to carefully read these General Conditions, which are referenced by hyperlink on the E-Shop.
The General Conditions applicable are those in force on the E-Shop at the time the Order is placed. Le Voyage à Nantes reserves the right to modify, without prior notice and at any time, the present General Terms and Conditions, the modifications then being applicable to all Orders placed after these modifications. It is therefore advisable to read these General Conditions each time you visit the E-Shop.
You are also advised to download and/or print these Terms and Conditions and keep a copy. In accordance with the provisions of Article 1127-1 of the Civil Code, they may be stored by means of a computer record and may also be reproduced by the Customer by means of printing.
4.3. Any Order implies the Customer’s unreserved acceptance of these General Conditions. Consequently, any Order placed by the Customer shall only be definitively validated after express acceptance, without restrictions or reservations, of these General Conditions.
Article 5. Terms and Conditions for placing the Order
5.1- Ability to place an Order :
For the purposes of these General Terms and Conditions, a Customer is any natural person of at least 18 years of age who has the legal capacity to contract and place an Order in accordance with these General Terms and Conditions. Consequently, the Customer a natural person, warrants that he/she has full legal capacity to place the Order and to adhere to these General Conditions.
Any Order under these General Conditions must be placed in accordance with the terms and conditions set out in Article 5.2 below. All other ordering terms are excluded from these General Terms and Conditions.
The Customer may order the Product(s) after having accepted these General Conditions.
Orders are placed in French and in Euros.
For all Orders, the Customer shall bear the telecommunication costs of accessing the Internet and using the E-Shop, if applicable, as well as the delivery costs.
5.2- Order Placement :
The Customer is financially responsible for the use of the E-Shop made both in his name and on behalf of third parties, including minors, unless he can demonstrate fraudulent use not resulting from any fault or negligence on his part.
Any fraudulent use of the E-Shop or which contravenes the present General Terms and Conditions may lead to the refusal by Le Voyage à Nantes, at any time, to allow the Customer to access the Products offered on the E-Shop and/or to legal proceedings, and will result in the automatic cancellation of the Order.
The Customer places an Order according to the process in force on the E-Shop. All the necessary steps for the sale will be specified.
The procedure for placing Orders on the E-Shop involves at least the following steps:
1° You carry out a search;
2° Following Your request, the E-Shop communicates to You one or more offers of Products;
3° You click on the Product(s) of Your choice allowing you to access a detailed description of the selected Product (dimensions, weight, photograph) and its selling price;
4° You select the different Products that You wish to order by clicking on "Add to cart";
5° You then finish your purchases by clicking on "Order";
6° The summary of the contents of your shopping cart appears. If applicable, enter the promotional code you have in the "Promotional code" field and click on "Add". Then you continue with your order by clicking on "Order";
8° You enter Your delivery and/or billing postal address(es) and Your telephone number. Then you click on "Continue".
You are reminded here that at the time of each Order, You are required to check the accuracy of the above information in steps 7° and 8°, and if necessary to correct it. This personal information can be modified by You at any time. You guarantee the truthfulness and accuracy of the information provided by You or any other third party using Your data on the E-Shop;
9° You validate the delivery method as specified in article 10 of the present document, namely:
- Withdrawal from the physical point of sale at the address indicated in article 5.1 hereof;
- Delivery by Mondial Relay to a collection point and/or home address, or to the address of a designated third party, depending on the country of destination, as detailed in article 10.1;
- Delivery by La Poste in Colissimo, to Your home, or to the address of a designated third party, or in a collection point, this last method of delivery being possible for deliveries in metropolitan France as well as in several European countries, as detailed in article 10.1;
by clicking on "Continue".
The carrier mentioned here is indicative. Le Voyage à Nantes reserves the right to choose the carrier;
10° You validate the method of payment by credit card;
11° You acknowledge and accept the terms of these General Conditions;
12° Before the final validation of the Order, You ensure that all the information concerning the Order, the delivery method, the delivery time and the corresponding costs are in accordance with Your indications (Products, contact details, delivery address, etc.). You can still correct any errors. The information cannot be changed after the Order has been validated. Le Voyage à Nantes shall in no way be held responsible for Your input errors, nor for their possible consequences, and in particular for delays or delivery errors. In this case, the costs of any re-shipment will be at Your expense;
13° You definitively validate Your Order by clicking on "Order»;
14° By clicking on the payment method, You confirm Your Order, You commit Yourself to paying the price and access the secure payment platform. You can no longer make changes to Your Order ;
15° You make the payment in accordance with the terms and conditions set out in Article 9 below. From that moment on, the Order is registered. The data recorded by Le Voyage à Nantes constitutes proof of the nature, content and date of the Order. In the event that the payment is refused by the bank concerned, the Order shall be automatically cancelled.
The contract is then validly concluded. If the above-mentioned steps are not respected, the sales contract will not be considered as formed and Le Voyage à Nantes will not be obliged to fulfil the Order.
16° You will then immediately receive, by e-mail to the address given at the time of placing Your Order, a confirmation of Your Order (hereinafter referred to as the "Order Confirmation E-mail") setting out all the details of the Order and specifying the conditions of shipment.
5.3- Processing - Changes to the Order :
All Customers shall be bound by any Order that has been definitively validated, in accordance with the phases referred to in article 5.2, subject to the right of withdrawal defined below in article 12. Consequently, any modification request made by the Customer is subject to the written acceptance of Le Voyage à Nantes. On its own initiative, Le Voyage à Nantes may make changes to the Product ordered that are linked to the technical evolution provided for in article R. 212-4 of the Consumer Code.
The Order shall only be considered definitive once the Order confirmation e-mail has been sent to the Customer, specifying the terms and conditions for dispatching the Product(s).
The Order Confirmation Email constitutes proof of Your Order and payment. It is Your responsibility to keep this document.
In the event that You do not receive the Order confirmation e-mail, it is Your responsibility to contact Le Voyage à Nantes as soon as possible at the address indicated in article 2 hereof.
In accordance with the provisions of article L 121-11 of the French Consumer Code, Le Voyage à Nantes reserves the right to refuse any Order for legitimate reasons, in particular in the event of payment problems, delivery problems due to incomplete and/or inaccurate information provided by the Customer, Orders for an abnormally high amount compared to Orders usually placed by Customers or Orders placed in bad faith.
Le Voyage à Nantes reserves the right to ask the Customer for proof of address (EDF or Telecom bill, etc.), when the amount or content of the Order justifies it. It is reminded here that the E-shop is not configured to allow Orders placed by professional customers. In this case, the Customer will be informed by e-mail as soon as possible and will be given the opportunity to cancel the Order.
The Order implies acceptance of the prices and characteristics of the Products.
If You have created a customer account, You can check the status of Your Order by consulting Your customer account on the E-Shop.
All information contained in the Order confirmation e-mail will be deemed to constitute the entire agreement between You and Le Voyage à Nantes. If You have not disputed them by e-mail or by post within fourteen (14) days of receiving the Order confirmation e-mail, they may only be disputed insofar as they differ from the Order You have placed.
It is your responsibility to ensure that the information (identity, e-mail address, postal address, etc.) that You provide when placing your Order is correct, and to immediately inform Le Voyage à Nantes at the address indicated in article 2 hereof, of any change that could affect it, in order to ensure that You will benefit from the Products that You have ordered.
Article 6. Product Features
Le Voyage à Nantes describes on the E-Shop the essential characteristics of the Products offered for sale.
The Product offers are valid as long as they appear on the E-Shop.
In the event that the supplier withdraws a Product from the trade, the said Product will be withdrawn from the E-Shop as soon as possible, without any possibility of complaint for the Customer.
For technical reasons, the actual characteristics of the Products may sometimes differ slightly, particularly in terms of colour, from those shown in the photographs presented in the E-Shop. For more information on the characteristics of the Products, the Customer may contact Le Voyage à Nantes at the address indicated in article 2 hereof.
The Customer is invited to take note of the instructions for use or any other information attached to the Product or marked on the Product or its packaging, in particular information relating to any precautions for use, conditions and restrictions of use, maintenance.
Article 7. Availability of Products
The Products are offered for sale during defined periods and delivered within the limits of available stocks in the event of unavailability of all or part of the Products ordered, this will be indicated on the product sheets, the offers being valid subject to availability from the suppliers.
In the event that a Product is unavailable, Le Voyage à Nantes will inform You via Your customer account on the E-Shop if You have created a customer account, or by e-mail to the address provided when placing Your Order, as soon as it is aware of the unavailability of the Product(s) and, if applicable, the timeframe within which the Product(s) will be available.
You may cancel Your Order totally or partially or accept a Product of an equivalent quality and price offered by Le Voyage à Nantes.
In the event that one or more Products ordered are definitively unavailable, that You refuse to wait for the availability of the Product(s), or that You refuse to accept a replacement Product, Your bank account will only be debited for the amount of the Products ordered and shipped, as well as for the amount of the shipping costs associated with the delivery.
In the event that Your bank account has already been debited for the full amount of the initial Order, a refund equivalent to the amount of the undelivered Products and the associated shipping costs will be made as soon as possible.
Article 8. The price and the contribution to shipping costs
The sale prices of the Products displayed on the E-Shop are in euros, all taxes included (TTC). Any change in the VAT rate will be automatically reflected in the selling price of the Product(s) ordered.
The sale price of the Product does not include shipping costs, which are payable by the Customer, in addition to the price of the Product displayed on the E-Shop.
The amount of shipping costs is calculated according to the nature of the Products ordered, the choice of delivery method, the weight of the package and the country of destination.
The cost of delivery is specified in the Customer's Shopping Cart, which can be consulted before the Order is finally confirmed, and is also indicated in the Order confirmation e-mail.
Delivery fees are offered by Le Voyage à Nantes from 60 € of purchase of Products and for shipments in Metropolitan France only.
All Orders will be invoiced inclusive of all taxes. (TTC). However, for a delivery outside the European Union, You will have to pay in addition the customs duties and other taxes due for the importation of products on the territory of delivery. In any case, the payment of these duties and taxes is Your responsibility and will be entirely at Your expense. Le Voyage à Nantes does not control these costs and has no way of predicting them. Customs policies vary considerably from country to country. Consequently, You are invited to contact the competent authorities in Your country. You must also check the possibilities of importing or using the ordered Products in the country of destination.
Le Voyage à Nantes reserves the right to modify the prices of the Products at any time. In the event of a price increase after the Order has been placed, the Products shall be invoiced to You on the basis of the prices in force at the time the Order is validated.
Discounts may be offered to customers on certain Products and during certain periods. These reductions will be freely determined by Le Voyage à Nantes. In other words, Le Voyage à Nantes is not obliged to offer products at reduced prices.
If applicable, You may be informed of such discounts by visiting the E-Shop, or Your customer account, or by e-mail to the address provided when placing Your Order (if You have chosen to receive mailings from Le Voyage à Nantes in accordance with article 17 of these Terms and Conditions). The terms of application of any discounts will also be specified in the detailed description of the Product(s) concerned under the conditions set out in article 5.2.3° of these General Conditions.
The total cost of the Order (excluding any customs duties mentioned above), including shipping costs, will be communicated to You when You log on to the E-Shop, before You proceed with the final validation of Your Order. This cost is also specified in the Order confirmation e-mail and in the electronic invoice that can be downloaded once payment has been made from Your customer account if You have created a customer account.
Article 9. Payment of Orders
9.1- General :
Payment for the entire Shopping Cart is made in one go, regardless of the Products in it.
The Products and contributions to the costs of logistical preparation and delivery are payable at the time of placing the Order only by credit card (Carte Bleue, Visa or Eurocard, Mastercard, American Express accepted in France).
The Order is definitively confirmed upon receipt of the full payment and will be cancelled if all or part of the missing payment is not received.
9.2- Payment methods - Security of transactions: :
In order to secure the transactions carried out on the E-Shop and to combat credit card fraud, the information transmitted in connection with the Customer's Order is automatically analysed by La Banque Postale in order to determine a maximum level of reliability.
In order to ensure that the Customer is the owner of the credit card used, Le Voyage à Nantes may ask the Customer, by e-mail, to prove his identity and residence, in order to protect the Customer from fraudulent transactions.
Without prejudice to the Customer's right of withdrawal or cancellation of the Order under the conditions set out in these General Terms and Conditions, the payment order made by credit card may not be cancelled. The account attached to the bank card used by the Customer will be debited when the payment procedure is finalised
The Customer guarantees Le Voyage à Nantes that he/she is the holder of the bank card used for the payment of the Order and that he/she has sufficient funds to fully cover the payment of his/her Order.
La Banque Postale is the recipient on behalf of Le Voyage à Nantes of the data related to the Order. The non-transmission of data relating to the Order prevents the transaction from being carried out and analysed.
Moreover, Le Voyage à Nantes uses the secure payment systems of the Banque Postale During the credit card payment transaction, the Customer will be directly and automatically connected to the Banque Postale server. The Customer's banking data, protected by SSL (Secure Socket Layer) encryption, will not transit, and will therefore not be kept by the computer systems of Le Voyage à Nantes.
When the payment transaction is processed by the secure payment systems of La Banque Postale, the Customer's bank checks the identity of the bank card holder before validating the transaction. This service is offered to the Customer by his credit institution. The authentication procedure to be followed is specific to each bank (date of birth, code received by sms, by e-mail, etc.), so the Customer is invited to check beforehand how his bank card works with this system by taking advice from his banking establishment. If the authentication process cannot be validated or if three (3) authentication failures occur, the system will redirect the Customer to another payment method.
If, for any reason whatsoever, it is impossible to debit the sums due in payment of the Order, the purchase process on the E-Shop will be cancelled.
The occurrence of an unpaid amount due to fraudulent use of a bank card shall result in the registration of the details relating to the Order associated with this unpaid amount in a payment incident file set up by the Banque Postale.
In accordance with Law No. 78-17 of 6 January 1978, as amended, relating to information technology, files and freedoms and Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of data, the Customer has the right to access, rectify and object to all of his personal data at any time, as set out in Article 17 below.
9.3- Invoicing - Late payment: :
A detailed invoice is sent to You in the parcel that is sent to You and can be downloaded from Your customer account if You have created a customer account.
Once You have paid for Your Order, You can access the electronic invoice and the details of Your Orders at any time by logging into Your customer account, if You have created a customer account, under the heading "Tracking Your Orders", as well as from the link included in the Order confirmation e-mail. You can then download the electronic invoice for printing.
In the event that the payment has not been settled before the delivery of the Product(s), or in case of late payment, Le Voyage à Nantes will be entitled to charge late payment penalties without the need for any prior formal notice. The rate of these penalties is equal to three (3) times the legal interest rate. The acceptance of the parcel automatically entails, in the event of late payment, in addition to the application of late payment penalties, the invoicing of administrative costs incurred by the late collection of the invoice, which may amount to 60 euros excluding tax (HT).
In case of late payment, the invoicing of late payment penalties and administrative costs does not exclude the possibility for Le Voyage à Nantes to claim additional damages. Finally, the Customer, whoever he may be, may never, on the grounds of a claim made by him, withhold all or part of the sums owed by him, or operate a compensation. In case of litigation, Le Voyage à Nantes will be entitled to claim reimbursement from the Customer of the costs related to the lawsuit.
Article 10. Delivery
10.1- Terms of delivery :
The Customer shall be informed of the dispatch of his/her Order by an e-mail sent by the carrier containing a delivery tracking link.
The Customer shall be delivered or invited to collect their parcel at the delivery address and according to the delivery method indicated by them when placing their Order. The Customer undertakes to take delivery of the Product(s) ordered at the delivery address indicated on the Order confirmation e-mail.
However, Le Voyage à Nantes reserves the right to refuse the delivery in some public places in case the security of the delivery is not ensured (hotels, schools, bars restaurants, etc.) Indeed, it is impossible to guarantee hand delivery to the recipient of the package in these locations.
Delivery is made by:
- La Poste by Colissimo, where applicable (receipt of the parcel against signature except for home deliveries in metropolitan France):
- at the Customer's home address, or at the address of a designated third party, or at a collection point in Germany, Belgium, Luxembourg, the Netherlands, Spain, Austria, Italy and Portugal, Ireland, Denmark, Estonia, Hungary, Latvia, Lithuania, Poland, the Czech Republic, Slovakia, Slovenia, Sweden, Switzerland, Croatia, Finland, Greece, Malta, Iceland, Norway, Romania, specific territories, Spain, Bulgaria and Cyprus;
- or only to the Customer's home address, or to the address of a designated third party in the French Overseas Departments and Territories, the United Kingdom, Turkey, North Africa, Australia, Canada, China, South Korea, the United States, Hong Kong, Israel, Japan, Russia, Singapore, Thailand, Vietnam, Africa, the Americas, the Middle East, other countries in Asia and Oceania;
- Mondial Relay, if applicable (receipt of the package always against signature):
- at collection points in France, Belgium, Luxembourg, Spain and the Netherlands;
- or at home, or at the address of a designated third party, in Germany, Belgium, Luxembourg, the Netherlands, Spain, Austria, Italy and Portugal.
At any time, the Customer can track the progress of his Order on the carrier's website. The carrier mentioned here is indicative. Le Voyage à Nantes reserves the right to choose the carrier.
Delivery can only take place once the Order has been validated and payment has been made in full.
It is the Customer's responsibility to take all steps to ensure that the Order can be received. In case of an Order with a delivery address different from the billing address, Le Voyage à Nantes or the carrier may contact the person who will receive the Order.
The carrier shall deliver the Order to the Customer or to a designated third party, who is a natural person, or to any other person with the authority to accept delivery of the Order on behalf of the recipient (i.e., a person at the same address as the Customer or the designated third party), or to a collection point.
At the time of delivery, the Customer or the recipient may be required to provide proof of identity and/or any other proof necessary for the identification of the Customer (proof of address, etc.) and, where applicable, of the person indicated for delivery.
In case of refusal to communicate the requested documents or in the event that these do not correspond to the information communicated by the Customer, Le Voyage à Nantes reserves the right to cancel the sale and not to deliver the package. In this case, and except in case of proven bad faith, Le Voyage à Nantes will reimburse the Customer for the price of the Product(s), except for the delivery costs, by crediting the bank account that was debited
Shipping costs shall be borne by the Customer under the conditions defined in Article 8 hereof.
In the event of delivery to the Customer's home or to the address of a designated third party (excluding drop-off at a collection point), , when the carrier presents the package(s), it is advisable for the Customer or his designated representative to be present to allow delivery in the best possible conditions Transport does not include delivery to floors, which is at the discretion of the deliverer. If the first delivery attempt fails, the Customer must follow the procedure indicated by the carrier to collect the parcel(s) by his/her own means and at his/her own expense. The time limit for the retention of the package(s) by the carrier will be indicated by the latter by means of a notice left in the letterbox of the delivery address. After this period and in the event of the return of the package(s) by the carrier to Voyage à Nantes, the latter shall be entitled to cancel the Order due to the Customer. Product(s) ordered, not delivered and not collected will be returned for non-delivery attributable to the Customer.
In the case of delivery to a collection point, , when the Customer is informed of the delivery of the parcel(s) to a collection point, he/she must go there to collect the parcel(s) in accordance with the conditions established by the carrier. In the event that the package(s) concerned is (are) not collected within the time limit set by the carrier, the Customer must follow the new procedure indicated by the carrier to collect the package(s). In case of non withdrawal according to the said procedure, Le Voyage à Nantes will be entitled to cancel the order due to the Customer. Products ordered, not delivered and not collected will be returned for non-delivery attributable to the Customer.
In the event of a failure to deliver or collect attributable to the Customer, it is specified that:
- any additional costs related to the failure of the delivery due to the Customer may be charged to the Customer, namely:
- the possible costs of returning the undelivered Product(s) to the carrier equivalent to the same price paid for the shipping costs on the shipped Order;
- if necessary, the cost of processing the return at Le Voyage à Nantes.
- The re-delivery of the Products to the Customer can only be done by Le Voyage à Nantes after the Customer has paid the totality of the re-delivery costs.
In the absence of redelivery of the Product(s), and except in case of proven bad faith, Le Voyage à Nantes will reimburse the Customer the price of the Product(s), minus the aforementioned costs related to the failure of the delivery (except in the case of implementation of the right of withdrawal by the Customer).
10.2- Delivery times :
10.2.1 Delivery times shall be understood to be in working days, starting with the sending of the Order confirmation e-mail. They correspond to the average preparation and delivery times for the Order in the territory concerned.
These are estimates and cannot be guaranteed. The delivery times indicated on the E-Shop and in articles 10.2.2 and 10.2.3 below are indicative. The delivery time varies according to the availability of the Product(s), the characteristics of the Product(s), the delivery method, the date of dispatch of the Order, the country of destination and the carrier. It is notably reminded here that Le Voyage à Nantes reserves the right to choose the carrier.
Furthermore, when the Customer orders several Products within the same Order, these Products may have different delivery times.
10.2.2 Order processing times: :
When the Product ordered is available in stock, the processing time for an Order (validation, payment, preparation and dispatch) is approximately three (3) working days for any Order validated before 1 p.m. and four (4) working days for any Order validated after 1 p.m.
10.2.3 Order delivery times:
Once the Order has been dispatched, the delivery time varies according to the country of destination:
Colissimo service :
Offer of delivery to your home or to the address of a designated third party :
- Deliveries in mainland France -> Colissimo suivi France : delivery within 2 to 4 days
- Deliveries to French overseas departments and territories -> Colissimo suivi DOM-TOM delivery within 5 to 8 days
- Deliveries in Europe and internationally -> Colissimo suivi International delivery within 2 to 8 days
Offer of delivery in collection point: :
- Deliveries in mainland France -> Colissimo suivi France : delivery within 2 to 4 days
- Deliveries in several European countries -> Colissimo point retrait Europe: delivery within 3 to 6 days
Mondial Relay Service :
Offer of delivery in collection point: :
- Deliveries in France, Belgium and Luxembourg: within 3 to 5 days
- Deliveries to Spain and the Netherlands: within 5 to 7 days
Offer of delivery to your home or to the address of a designated third party :
- Delivery in Germany, Belgium, Luxembourg and the Netherlands: within 3 to 5 days
- Delivery in Spain: within 5 to 7 days
- Delivery in Austria, Italy and Portugal: within 6 to 8 days
Unless otherwise stipulated at the time of the Order and accepted by the Customer at the time of validation of the Order, the Products shall be delivered to the Customer within the aforementioned time limits necessary for the processing and dispatch of the Order.
As a reminder, the deadlines indicated on the E-Shop as well as in article 10.2.2 and in this article 10.2.3 are indicative and cannot be guaranteed. These deadlines may vary according to weather conditions, national holidays and public holidays.
In the event of late delivery, the Customer may request the cancellation of the sale under the conditions set out in Articles L. 216-1 to L. 216-3 of the Consumer Code.
In the event that the delay in delivery is attributable to the Customer, in particular in the event that the Customer is not available to take delivery, the provisions of Articles L. 216-1 to L. 216-3 of the French Consumer Code shall not apply.
10.3- Receipt of the Order-Transfer of Risk: :
The transfer of risks will take place upon delivery, when the Product(s) is (are) handed over to the Customer who will assume, after this handover, all risks (in particular of loss, theft or deterioration) of the Product(s) delivered.
Upon delivery of the Order, the Customer or the designated or authorised third party is obliged to check and inspect the condition of the Product(s) delivered and the conformity of the Product(s) delivered with the Order.
If, upon delivery, the external appearance of the package appears damaged, the Customer or the recipient of the Product(s) shall open the package in the presence of the carrier in order to check the condition of the Product(s).
In the event of non-conformity of the Product(s) to the Order noted at the time of delivery (notably missing, damaged or broken Product(s)), and in order to allow the Customer's claim to be processed as quickly as possible and under the best possible conditions, the Customer must refuse to accept the Product(s) and make any necessary detailed reservations on the delivery receipt.
Any claim relating to an apparent defect or damage upon delivery of a Product must, in order to be valid vis-à-vis the carrier, be sent within 48 hours of receipt of the Product(s), by e-mail or by post to the Customer Service Department whose contact details are indicated in Article 2 hereof.
The Customer may request a new delivery or the cancellation of his Order from Le Voyage à Nantes.
For any request to return a Product under the legal guarantee and/or contractual guarantees, the Customer must imperatively:
- Contact Le Voyage à Nantes through the E-Shop (if he has created a customer account) or by email or by post to the Customer Service whose contact details are listed in article 2 of the present document. Le Voyage à Nantes will then determine, with regard to the evidence of the condition of the Product(s) presented by the Customer, whether or not the guarantee will be taken into account and will inform the Customer of the terms and conditions for processing the guarantee;
- return, after written agreement from Le Voyage à Nantes and obtaining a return form, the product in its original packaging or in a packaging allowing a maximum protection of the article (cardboard, tube, pallet...). The Customer will have to pay for the recovery or even the purchase of a compliant container. Le Voyage à Nantes is not obliged to provide this packaging to the Customer or to pay for it.
In the case of a request for reimbursement of the price of the Product, the reimbursement can only be made after an expertise of the Product and a written agreement from Le Voyage à Nantes, within 30 (thirty) days following the reception of the Product.
Article 11. Reservation of ownership
The Product(s) ordered remain(s) the property of Le Voyage à Nantes until full payment of the price by the Customer and the effective receipt of the full payment. In the event of delivery or collection before full payment of the price, the Customer undertakes, as long as ownership has not been transferred to him/her and with regard to the risks transferred to him/her on delivery, to take all useful precautions for the proper preservation of the Product(s).
Article 12. The right of withdrawal
12.1- Application of the right of withdrawal :
The period of the legal right of withdrawal is fourteen (14) days from the receipt of the Product(s):
by the Customer or by the designated third party at home;
by the point of withdrawal;
by the physical point of sale.
This period applies in accordance with Articles L 221-18 et seq. of the Consumer Code, with the exceptions and limitations set out below.
The right of withdrawal can be exercised by the consumer Customer by any unambiguous statement expressing his will to withdraw or by sending to Le Voyage à Nantes the withdrawal form duly filled in and available for download here.
In the case of an Order for several Products delivered separately or for a Product composed of multiple batches or parts whose delivery is staggered, the withdrawal period shall run from receipt of the last Product or batch or part.
The burden of proof for the effective exercise of the right of withdrawal lies with the Customer.
You must return the Product(s), by Your own means without undue delay and at the latest within fourteen (14) days following the communication of Your decision to withdraw.
If You return the Product(s) within this period, by means of the declaration or form mentioned in this article, You are entitled to a refund of the price of the Product(s) ordered and to a refund of the one-way delivery costs on the basis of the cost of a standard delivery. In any case, and whatever the means used to return the Product(s), the return costs will remain at Your charge.
The refund of the returned Product(s) at the invoiced price, including the outbound delivery costs, will be made using the same payment method as the one used for the payment, within fourteen (14) days following the receipt of the information of Your decision to withdraw, Le Voyage à Nantes reserving the possibility to postpone the refund until the recovery of the Product(s) or the proof of shipment of this (these) Product(s), with the date of the first of these facts being retained.
If the right of withdrawal is used for only part of the Order, only the price invoiced for the returned Product(s) will be refunded.
The cost of returning the Product(s) will remain at Your expense, except in the case of a proven defect or non-conformity of the Product(s).
In the event of a partial cancellation of the Order, if You had benefited, at the time of the initial Order, from free delivery due to the fact that the value of the Order exceeded a certain amount (cf. article 8 hereof), You may be recharged for the delivery costs corresponding to the actual Order, if the latter fell below the free delivery threshold.
Please note that lots or packs of Products cannot be partially retracted on their content. A lot or pack is considered as a single Product and can only be subject to the right of withdrawal as a whole.
12.2- Absence of the right of withdrawal: :
The right of withdrawal may not be exercised for the contracts listed in Article L. 221-28 of the Consumer Code, and in particular for contracts:
- supply of Products made to Your specifications or clearly personalised;
- the supply of Products which, due to their nature, cannot be returned or are likely to deteriorate or expire rapidly (consumable products, books, catalogues, etc.);
- supply of Products that have been unsealed by You after delivery and Products that cannot be returned for reasons of hygiene or health protection;
- the supply of audio or video recordings or computer software if you have unsealed them after delivery;
- the supply of a newspaper, periodical or magazine (except for subscription contracts for these publications).
12.3- Terms of Return: :
If You use Your right of withdrawal, the Product must be returned in its original, unopened packaging and be accompanied by all accessories and any instructions. The returned Product must also be in perfect condition and must not have been used in any way.
Any return of incomplete, damaged, used or soiled Product(s) will entitle Le Voyage à Nantes to claim compensation from You for its entire loss.
You may be held liable in case of depreciation of the Product(s) resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product(s). To establish the nature, characteristics and proper functioning of the Product(s), You may only handle and inspect the Product(s) with due care.
The return must be made according to the following procedure: You make a return request to the Customer Service Department, whose contact details are set out in Article 2 hereof, by e-mail or by any other means that provides an acknowledgement of receipt. The Customer Service Department sends You a withdrawal form by e-mail and You return the Product(s) by Your own means - having previously filled in the form - to the postal address indicated in Article 2 hereof.
You are reminded that, in this case,the return will be made at Your own risk. . The transfer of risks will take place upon receipt of the Product(s) in the warehouses of Le Voyage à Nantes after verification of its (their) condition.
You are responsible for the cost of returning the goods.
Depending on the mode of transport chosen, You are responsible for the packaging and wrapping of the Product(s) so that it (they) can travel without risk of damage.
Article 13. Guarantees
You must ensure that the Product(s) delivered to You correspond to Your Order.
In the event that the Product(s) delivered do not comply with Your Order, You must inform Customer Services and return the Product(s) in question in accordance with the conditions set out in Article 10.3 hereof.
13.1 - Legal guarantees of the Customer :
All the Products presented on the E-Shop are subject to the conditions of legal guarantees resulting from articles L. 217-4 to L. 217-17 of the code of consumption or from articles 1641 to 1649 of the civil code, namely
- Article L217-4 of the Consumer Code: "The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
- Article L217-5 of the Consumer Code: "The property is in conformity with the contract:
1° Whether it is fit for the purpose ordinarily expected of similar goods and, if so:
- it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- it has the qualities that a purchaser may legitimately expect, having regard to the statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.
- Article L217-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years as from the delivery of the goods.
- Article 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would only have given a lower price for it, if he had known about them.”
- Article 1648 paragraph 1 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.”
The repair of the consequences of the defect / latent defect, when it has been proven, includes, at the Customer's choice, unless this wish entails a cost that is clearly disproportionate to the other method:
either the repair of the Product;
or its replacement or refund.
In the case of a refund request, the Customer will be refunded after expertise of the Product and within thirty (30) days after reception of the latter by Le Voyage à Nantes.
13.2 - Contractual Guarantee :
In the event that the Product is covered by a specific contractual guarantee specified at the time of the Order, in accordance with Article L. 217-16 of the French Consumer Code, any period of immobilisation of at least seven (7) days due to the repair of the Product covered by the guarantee shall be added to the duration of the guarantee initially granted.
The contractual guarantee does not cover damage resulting from accidents, improper use or assembly, negligence or significant changes in appearance (in particular, any Product returned with the serial number label missing or torn off may be placed outside the guarantee) Any Product showing traces of impact or use, however slight, will lose all rights to the guarantee. These operations are the sole responsibility of the user and may entail risks for the safety of goods and persons.
The contractual guarantee shall only apply in the event of full payment of the Order.
The contractual guarantee is a complementary guarantee to the legal guarantees mentioned above.
Consequently, the provisions applicable to the contractual guarantee do not deprive the Customer 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 Product(s) sold.
13.3- Terms of implementation of guarantees :
For any request to return a Product under the legal guarantee and/or contractual guarantees, You must:
- contact Le Voyage à Nantes via the E-Shop (if You have created a customer account) or by email or by post to the Customer Services Department whose contact details are indicated in article 2 hereof. Le Voyage à Nantes will then determine whether or not it is covered by the guarantee and will send You the terms and conditions for processing it;
- return the Product in its original packaging or in a packaging allowing a maximum protection of the Product(s) (cardboard, tube, pallet, etc.), after written agreement from Le Voyage à Nantes and after obtaining a return form. You will have to pay for the recovery or purchase of a compliant container. Le Voyage à Nantes shall not be obliged to provide You with this packaging or to pay for it.
In the case of a request for reimbursement of the price of the Product, the reimbursement can only be made after an expertise of the Product and a written agreement from Le Voyage à Nantes, within 30 (thirty) days following the reception of the Product.
If you consider it necessary, you can request a preliminary mediation from Le Voyage à Nantes.
Product(s) returned by carrier without physical protection or poorly protected will not be eligible for warranty, nor will damaged, worn or soiled Product(s). You must ensure that the returned Product(s) are protected and insured during transport.
It is Your responsibility to keep the packaging and accessories supplied with the Product(s) as well as any labels affixed to the Product(s) or its packaging, which are necessary to benefit from the guarantee offered.
Article 14. Intellectual property
Le Voyage à Nantes is the owner of all intellectual property rights relating to the E-Shop which belong to it or holds the related usage rights.
Access to the E-Shop does not grant You any right on the intellectual property rights related to the said E-Shop, which remain the exclusive property of Le Voyage à Nantes.
All elements accessible on the E-Shop, notably in the form of texts, photographs, images, icons, maps, visual or sound documents, programs, software, databases, data, and other underlying technologies and developments are protected by intellectual and industrial property rights and other private rights held by Le Voyage à Nantes.
Except as stated in these General Terms and Conditions, You may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of the E-Shop without the prior written consent of Le Voyage à Nantes. You are informed that this prohibition is aimed in particular, but not exclusively, at practices such as scrapping; or the use of robots for the purpose of extracting, reproducing any element of the E-Shop, including the offers of Services which are presented there, in particular for commercial purposes.
The use of all or part of the E-Shop without prior authorization from Le Voyage à Nantes, for any reason whatsoever, may be subject to any appropriate action, in particular an action for infringement.
Only the use of a non-substantial part of the E-Shop for strictly private and non-commercial purposes is permitted.
The insertion of hypertext links to any part of the E-Shop is forbidden without prior written authorisation from Le Voyage à Nantes, this agreement in no way constituting an implicit affiliation agreement
Article 15. Liability - Force Majeure
Le Voyage à Nantes cannot be held liable in the event of non-performance or poor performance of the contract due either to the Customer's own actions or to the insurmountable and unforeseeable actions of a third party to the Contract, or to a case of force majeure.
Le Voyage à Nantes cannot be held responsible for any inconvenience or damage inherent to the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses or any event qualified as force majeure.
Le Voyage à Nantes can in no way be held responsible for the consequences of any events beyond its control, in particular cases of force majeure, which would tend to hinder, delay or prevent the taking of online Orders.
Unless specific legislation provides otherwise:
- Le Voyage à Nantes only has an obligation of means towards its Customer, particularly with regard to access to the various pages of the E-Shop, the Order process, delivery or any services subsequent to delivery. Le Voyage à Nantes does not guarantee that the E-Shop will be free of anomalies, errors or bugs, nor that these can be corrected, nor that the E-Shop will function without interruption or breakdowns, nor that it is compatible with a particular hardware or configuration other than those expressly mentioned. Le Voyage à Nantes is in no way responsible for malfunctions attributable to third party software Le Voyage à Nantes draws Your attention to the limits of the Internet, in particular its technical performance, the response times for consulting, querying or transferring data and the risks related to the security of communications. In this respect, You are required to check that the computer configuration You are using does not contain any virus and that it is in perfect working order;
- Le Voyage à Nantes cannot be held responsible for any foreseeable or unforeseeable damage, material or immaterial (including loss of profits or opportunity, etc.) resulting from the use or total or partial impossibility of using the E-Shop;
- Le Voyage à Nantes shall not be held liable for bodily or material damages incurred to any third party resulting from improper use of the Products marketed on the E-Shop.
Le Voyage à Nantes, owner of the E-Shop, commits itself exclusively to respect the legislative or regulatory provisions in force in France Le Voyage à Nantes shall not be held liable for the non-conformity of the Product to foreign legislation in case of delivery in a country other than France.
Le Voyage à Nantes is not responsible for any commercial losses (including loss of profits, revenues, contracts, anticipated savings, data, Products or wasted expenses) that may result from the use of the E-Shop.
Expressly, the cases of force majeure are those usually retained by the jurisprudence of the French courts and tribunals, and in particular war, insurrection, acts of terrorism, embargo, unforeseeable and disproportionate climatic conditions, etc
Force majeure, within the meaning of Article 1218 of the Civil Code, occurs when an event beyond the control of one of the Parties, which could not reasonably be foreseen at the time of the conclusion of the sales contract and the effects of which cannot be avoided by appropriate measures, prevents the performance of its obligation by that Party.
In any case, the total or partial non-performance of the services, due to a case of force majeure, shall not give rise to any damages or interest.
Article 16. Proof - Conservation-Archiving
The computerized registers, kept in the computer systems of Le Voyage à Nantes, in reasonable security conditions, will be considered as proof of the sales contract, its date, the Orders and the payments made between the parties The data on computer or electronic support kept by Le Voyage à Nantes constitute evidence and, if they are produced as a means of proof by Le Voyage à Nantes in any litigation or other procedure, they will be admissible, valid and opposable between the parties in the same way, under the same conditions and with the same probative force as any document that would be established, received or kept in writing.
Orders and invoices are archived on a reliable and durable medium so as to correspond to a reliable copy, in accordance with Article 1379 of the French Civil Code.
Furthermore, in order to comply with fiscal and legal obligations, a paper and computer copy of each invoice will be kept for ten (10) years by Le Voyage à Nantes.
Article 17. Protection of personal data (CNIL)
Within the framework of the sale of the Products, Le Voyage à Nantes collects personal data concerning You (notably name, first name, postal address, telephone number, e-mail, etc.). The personal data thus collected are processed by Le Voyage à Nantes, as the data controller, or any company to which it has subcontracted the collection of said data.
The information You provide when placing Your Order will not be passed on to any third parties other than the suppliers of the Product(s) You have ordered. This information will be considered by Le Voyage à Nantes and its suppliers as confidential. It will only be used by the internal services of Le Voyage à Nantes and the aforementioned suppliers for the processing of Your Order (management, follow-up and delivery). Your data will also be used to reinforce and personalise the communication and service offer reserved for Customers (in particular through the sending of newsletters on the projects of Le Voyage à Nantes, the Machines de l'île, the partners of Le Voyage à Nantes or on other projects and/or entities as presented on the E-Shop). In this case, when creating Your customer account and/or when providing Your e-mail address at the time of placing Your Order, You may thus choose whether or not to receive mailings from Le Voyage à Nantes and/or the suppliers of the Product(s) ordered.
In accordance with the regulations in force on the protection of personal data, You may exercise Your right of access, rectification, deletion and portability of data concerning You as well as define the fate of Your data by sending an e-mail request to the following address: firstname.lastname@example.org or by sending a signed letter to the following address: Le Voyage à Nantes, 1-3 rue Crucy, BP 92211, 44022 Nantes Cedex 1, together with a copy of your identity card. It is also possible to lodge a complaint with the CNIL : https://www.cnil.fr/fr/plaintes.
Article 18. Miscellaneous
The present General Conditions constitute the basis of the commercial negotiation. They prevail over any purchase conditions or special conditions not expressly approved by Le Voyage à Nantes. Any condition to the contrary imposed by the Customer will therefore be unenforceable against Le Voyage à Nantes, regardless of when it may have been brought to its attention.
The fact that Le Voyage à Nantes does not avail itself at a given time of any of the stipulations of the present General Terms and Conditions may not be interpreted as a waiver of the right to avail itself of any of the said stipulations at a later date.
In the event that one of the stipulations of the General Terms and Conditions is declared null and void, it shall be deemed unwritten without affecting the validity of the other stipulations, unless the stipulation declared null and void was essential and decisive.
Article 19. Applicable law and jurisdiction
The contractual information is presented in French and the Products offered for sale comply with French regulations. Where applicable, it is Your responsibility, as a foreign Customer, to check with the local authorities the possibilities of using the Product that You intend to order. Le Voyage à Nantes cannot be held responsible in case of non-respect of the regulations of a foreign country.
The present General Conditions are subject to French law. In the absence of an amicable settlement, any dispute relating to their interpretation and/or execution shall be referred to the competent French courts.