Article 1 – Application of conditions
The seller is defined below as the online store Perigrine.com, the business sign of perIGRINE CREATION, whose head office is located at:
BarthelemyTel: 01 23 45 67 89
Company registered in the RCS under the number XXXXXXXXXXXX and the buyer is defined below as the company or person who is the signatory and accepting the present terms of sale.
The buyer acknowledges that he has the capacity to contract under the following conditions, i.e. having a legal majority and not being under guardianship or curatorship. The buyer acknowledges that he became aware of these CGVs before making the order.
The terms and conditions of sale apply exclusively to all sales concluded by PERIGRINE CREATION, both on its own behalf and on behalf of its principals. All other conditions only hire the seller after written confirmation from him. The mere act of ordering or accepting an offer from the seller involves the full acceptance of these terms and conditions. Any condition that does not comply with our terms and conditions that the purchaser has formulated will be rejected unless we have expressly and in writing recognized the applicability.
These terms and conditions may be amended at any time and without notice by perIGRINE CREATION, with the amendments applicable to all subsequent orders.
Article 2 – Orders
Orders are effective from the date of receipt of the settlement.
Orders addressed directly by the buyer or forwarded by the seller’s representative agents only engage the seller when they have been accepted in writing. Any changes to the orders and any ancillary or derogatory conditions as to the purpose and terms of the sale are only valid to the extent that they are included in the offer or confirmation made by the seller.
Any offer to sell is subject to available stocks. However, if, despite the seller’s vigilance regarding its inventory, the products are unavailable after the buyer’s order, perIGRINE CREATION undertakes to inform you as soon as possible, and may allow you to cancel or modify your order.
In the event that the payment of the buyer’s order has already been debited by the seller, and no modification of the said order seems possible, the buyer will be refunded without delay and no later than 30 days of payment of the sums he paid.
Any clause emanating from the buyer, not accepted in writing by the seller who would be in opposition to these terms and conditions or particularities defined in the price offer will be considered null and void. No unilateral cancellation of orders will be accepted without the agreement of perIGRINE CREATION.
Article 3 – Price
The prices of the site are shown in Euros all taxes included. They are applicable when the order is validated by the consumer and do not include participation in the delivery fee, charged in addition, and indicated before the final validation of the purchase order.
Prices are subject to the French T.V.A. and any change in the legal rate of this T.V.A. will be implicitly passed on to the price of the products presented on the Perigrine.com website, on the date stipulated by the implementing decree referring to it.
Article 4 – Payment
All orders are payable in Euros. The payment of the entire price must be made when ordered by the Buyer. At no time can the sums paid be considered a deposit or down payment.
To pay for the order, the Buyer has all the means of payment covered within the purchase order: bank card (blue card, Mastercard, Visa), bank or postal check, cash mandate.
The buyer guarantees the company PERIGRINE CREATION that he has the necessary authorizations to use the payment method he has chosen, when registering the purchase order.
PerIGRINE CREATION reserves the right to suspend or cancel any order and/or delivery, regardless of their nature and level of execution, in the event of non-payment of any sum that is owed by the Buyer, or in the event of a payment incident.
Penalties equal to the legal interest rate plus five points are legally applicable to unpaid amounts after a period of ten days after the billing date or upon notification of the rejection of bank payment for any other means of payment. Delivery of any new order may be suspended in the event of a late payment of a previous order, notwithstanding the provisions of these orders.
PerIGRINE CREATION reserves the right to request a photocopy of the buyer’s identity card and/or proof of residence for any order.
As part of the fight against Internet fraud, your order information can be checked for verification.
Article 5 – Choice of Articles
The buyer who has become aware of the products and their characteristics, marketed by the company PERIGRINE CREATION, has under his sole responsibility and according to his needs as they have previously determined them before any order, focused his choice on the product or products that are the subject of his order. In addition, the Buyer who knows only the accessories, accessory packs, spare parts, software and others, which he uses, is the sole judge of the compatibility of the products ordered with those used by him.
It is up exclusively to the buyer, if he does not consider himself competent enough, to be assisted by a council.
Items 6 – Delivery
– General rules:
The products will be delivered to the address indicated by the buyer on the purchase order, in metropolitan France and Corsica or in Monaco.
The buyer may, at his express request, obtain the invoice to the billing address and not to the delivery address by simply requesting the seller in writing, fax or email.
In order to enable the purchaser to be shipped the products ordered, PERIGRINE CREATION has chosen to work primarily with POSTE in order to reduce the transport times between ordering and delivering the products ordered.
The buyer is delivered to his home by his postman. In case of absence, the buyer or recipient of the ordered product receives a notice of passage from its postman, which allows him to remove the products ordered, at the nearest post office, for a period of fifteen days.
– Delivery problems:
The buyer is required to check, in the presence of the postal worker, the condition of the packaging of the goods and its contents on delivery. In the event that the buyer has any doubt of any kind about the condition or contents of his parcel, he is required to:
– to apply the Colissimo procedure (including reporting damage due, all claims and reservations) and to refuse the goods by immediately issuing a statement of anomaly with the postal worker (finding 170).
– to report these incidents to PERIGRINE CREATION via its Online Customer Service or by telephone on 09.50.24.76.79 within two business days, by exposing the so-called claims or reservations. In the absence of respect for the procedure outlined above, no buyer’s claim will be accepted.
– Quality or compliance issues:
In the event of delivery of a product that does not correspond to the order (defective or non-compliant), the buyer must make his claim within two working days following the signing of the distribution slip.
Complaints must be addressed through its Customer Service online or by phone on 09.50.24.76.79, and must include:
Buyer’s contact information
The invoice number involved
The reasons for the claim
The products must be returned by the buyer within seven business days from the date of delivery.
Otherwise, the company PERIGRINE CREATION will not exchange or refund the products thus ordered.
Any product to be exchanged or refunded must be returned at your expense to the company PERIGRINE CREATION in its original condition and packaging and include all the product and its accessories in a perfect state of resale.
In the absence of compliance with the above procedure and the specified deadlines, the Buyer will not be able to make any claims for non-compliance or apparent defects of the products delivered, since the Products are then deemed compliant and free of any apparent defects.
The ENVOI SUIVI system allows delivery within an average of 3 working days from the perIGRINE CREATION company’s filing.
The starting order is given by the company PERIGRINE CREATION after full receipt of the price of the order. This delay is communicated as an indication and any possible overruns will not result in damages.
In any event, and in accordance with the provisions of Article L 121.20.3 of the Consumer Code, the products ordered will be delivered within a maximum of thirty days from the day after the buyer registered his order, subject to the full payment of the price.
If delivery is not completed at the end of this period, the buyer will have the option to cancel his order. The sums paid by the buyer will then be returned to him without delay, to the exclusion of any other compensation.
In the event of a delay in delivery from the original date, the buyer will have to report it in writing (mail, fax, mail) to the company PERIGRINE CREATION, in order to improve the quality of service that can be offered to him and to allow the seller to carry out an investigation with poste.
A survey with POSTE can take up to 21 business days. If during this time the product is found, it will be immediately sent back to the home of the buyer or the designated recipient in the purchase order.
On the other hand, if the product ordered is not found at the end of this 21-day investigation period, perIGRINE CREATION will proceed at its own expense to a new shipment of the products ordered by the buyer.
In the event that the ordered product is no longer available, the provisions under section 8 will be applied.
Article 7 – Property Reserve
Under the law of May 12, 1980, the transfer of ownership of the goods delivered to the purchaser will only take place after payment of the principal and accessory price or the cashing of accepted cheques or other means of payment issued for the purpose of settling the price.
During the period from delivery to transfer of ownership, the risk of loss, theft or destruction is the responsibility of the buyer. The buyer’s failure to comply with his payment obligations, for any cause, gives the seller the right to demand the immediate return of the goods delivered at the buyer’s expense, risk and peril.
Article 8 – Guarantee
The products are guaranteed by the manufacturer (failing that, by the company PERIGRINE CREATION) against any defects of material or manufacture for a period of 12 months from the date of delivery, except for specific conditions expressly served. Interventions under the guarantee cannot have the effect of prolonging the duration of the guarantee.
Any return of the product under the aforementioned guarantee must be the subject of prior agreement from the company PERIGRINE CREATION. To this end, the buyer will contact the seller’s after-sales service, whose contact information will be listed on a page of the seller’s website provided for this purpose. No return will be accepted without the seller’s prior approval.
The defective product must be returned to its original packaging with a copy of its purchase invoice, include all of the product and its accessories, and the serial number of the product when it includes one. All costs and risks associated with the return of the product are the responsibility of the Buyer.
The warranties do not cover the replacement of consumables; abnormal, illegal or non-compliant use of products; Accessory-related breakdowns damage resulting from abnormal shocks, manoeuvring errors or changes made by the buyer; the defects and consequences due to the intervention of a repairer not approved by the company PERIGRINE CREATION as well as the defects and consequences related to any external cause.
It applies, in any event, the legal guarantee which obliges the seller to guarantee the buyer against all the consequences of the hidden defects of the thing sold.
Article 9 – Right of Withdrawal
In accordance with Article L121-20 of the Consumer Code, the Buyer has seven free days from the date of receipt, to return at his own expense and at his peril, the products ordered, for exchange or refund. The products must be returned to the company PERIGRINE CREATION in a perfect state of resale, in their original state (packaging, accessories, notice.), duly sealed.
Incomplete, damaged, damaged or damaged product with a deterioration in the original packaging will not be refunded or exchanged.
The buyer must notify perIGRINE CREATION in advance via its Online Customer Service or by telephone on 09.50.24.76.79 before returning the goods.
In the event of a refund request by the customer, the company PERIGRINE CREATION usually reimburses its customers within 7 days. However, in accordance with Articles L121-20-1 to L121-20-7 of the Consumer Code, PERIGRINE CREATION has a maximum period of 30 days from the date of return of the products to reimburse the customer.
In the event that this right of retraction is exercised by the buyer, the seller reserves the right to deduct to the customer the full shipping costs that these are initially free or partly paid. This lump sum has been set at 3 Euros TTC, which corresponds to the average cost of transporting each parcel shipped.
Article 10 – Limitation of liability
All products offered on one of our websites have been imported (or manufactured) in France in accordance with current legislation. However, it is up to the purchaser to ensure the legality of the use he wishes to make of it. Thus, the company PERIGRINE CREATION disclaims any responsibility in the event that the product delivered does not comply with the laws of the country of delivery.
The liability of the company PERIGRINE CREATION will not be retained in the event of a breach of its contractual obligations in the event of a stock outage or unavailability of the product, due to an exceptional, fortuitous case or a case of force majeure such as, without limitation, disasters, total or partial strikes, fires, floods, failure or breakdown of equipment, means of transport, means of transport , communication or the actions of the buyer.
PerIGRINE CREATION cannot be held liable for any indirect damages as a result of this, loss of data or files, loss of operations, loss of profit, loss of chance, damage or costs, which may occur as a result of the purchase of the products. It is up to the buyer to make all necessary arrangements beforehand.
Hyperlinks may refer to sites other than the seller’s, so PERIGRINE CREATION is not liable in the event that the content of these sites violates the applicable legal and regulatory provisions.
As far as is permitted by law, the company PERIGRINE CREATION provides the site Perigrine.com and its content on a “as is” basis, and makes no statement or guarantees of any kind, whether explicit or implied, regarding the site Perigrine.com, its operation, its content.
Article 11 – Resolute Clause
In the event of non-compliance with any of the buyer’s obligations, the sale will be terminated as of right and the goods will be returned to the seller if he sees fit, without prejudice to any damages that the seller may claim against the buyer, within 48 hours of the notice remains ineffective.
Article 12 – Computer Science and Freedom
The information collected by the company PERIGRINE CREATION during any order from the buyer is necessary for the management of his order by the seller.
In accordance with the Computer Science and Freedoms Act No. 78-17 of January 6, 1978, the buyer has the right to access, correct, object and delete data about him from the company PERIGRINE CREATION.
PERIGRINE CREATION undertakes not to disclose or sell the buyer’s contact information to other organizations or companies. He may only be informed of the offers of the company PERIGRINE CREATION
Article 13 – Jurisdiction clause
All different parties relating to the formation, performance and termination of contractual obligations between the parties that cannot give rise to an amicable settlement will be submitted to the jurisdiction of the Lyon Commercial Court in the jurisdiction of which the seller’s headquarters are located, regardless of the terms of sale and the method of payment accepted, even in the event of a guarantee appeal or plurality of the defendants. , the seller reserving the right to refer the matter to the territorially competent Tribunal, which is the seat of the buyer. This contract is governed by French law. The application of the Vienna Convention on the International Allocation of Goods is expressly excluded.