The present general terms and conditions of sale aim to define the rights and obligations of REAL STAMM and of the Customer of products presented by REAL STAMM on its website www.royal-mer.com (hereafter “the Site”). They apply exclusively between the company REAL STAMM, 40 rue Levavasseur, 35800 Dinard, Siret: 819 039 330 00033 (hereafter “REAL STAMM”) and any individual consumer visiting or making a purchase via the said Site (hereafter “the Customer”).
On the Site, REAL STAMM allows the Customer to order on line products of the brand ROYAL MER (hereafter “the Product(s)”) according to the present general conditions.
Any order placed with REAL STAMM therefore implies the Customer’s unreserved acceptance of these conditions. The present general conditions can be modified at any time and without notice by REAL STAMM, the applicable conditions being those in force at the date of the order by the Customer.
The present general terms and conditions of sale are permanently accessible at the following address:https://www.royal-mer.com/en/general-terms-and-conditions-of-sale/
2.1. The Products offered for sale are presented on the ROYAL MER website with photos and a full description.
2.2. The Products offered by ROYAL MER comply with the standards applicable in France.
3.1. The Customer declares to be at least 18 years old and to have the legal capacity or to hold a parental authorization allowing him to make an order on the Site.
3.2. The Customer undertakes to communicate to REAL STAMM the elements of real and necessary information for the performance of the service subject to the present conditions as requested online and according to his situation, in particular his surname, first name, address, telephone number and valid e-mail.
The Customer is responsible for the consequences resulting from false or inaccurate information transmitted or whose repetition would be illegal.
3.3. Once the order has been placed, REAL STAMM sends the Customer an e-mail confirming the order. It informs him of the sending of the Products.
3.4. The Customer can modify his data under the heading “my account”.
4.1. Any order will be validated only after acceptance of payment.
4.2 REAL STAMM reserves the right to cancel or refuse an order in case of dispute with the Customer on a previous order.
4.3. REAL STAMM can accept orders while stocks last. It informs the Customer of the availability of the Products sold on the Site at the time of the confirmation of the order.
If, despite the vigilance of REAL STAMM, the products are unavailable, REAL STAMM will inform the Customer by e-mail as soon as possible. The Customer will then be able to cancel his order and be refunded, if necessary, the sums already paid.
REAL STAMM cannot be held responsible for permanent or temporary unavailability, nor can it give rise to any right to compensation or damages in favour of the Customer.
5.1. The prices displayed on the Site are indicated in euros, including all French taxes (French VAT and any other taxes that may be applicable), excluding shipping costs, participation in order processing costs and packaging costs.
The shipping costs, contribution to the order processing costs and packaging costs will be indicated in the Customer’s basket, before the final validation of the order.
The prices can be modified at any time, without prior notice and in particular in the event of a change in fiscal or economic data. Items will be invoiced on the basis of the rates in force at the time of order registration.
6.1. REAL STAMM delivers its Products in France and in all the countries of the European Union and can on request deliver in any country.
The products are shipped with the delivery note, to the delivery address indicated by the Customer when ordering. Delivery cannot be made to hotels or post office boxes. The delivery times indicated on the site are indicative, corresponding to the average processing and delivery times. In order for these deadlines to be respected, the Customer must ensure that he has provided accurate and complete information concerning the delivery address (such as, in particular: street, building, staircase numbers, access codes, names and/or intercom numbers, etc.).
In the event of a delay in delivery of more than 7 working days, if the product has not been dispatched, the Customer may cancel the order by registered letter with acknowledgement of receipt and request reimbursement of his order.
If the item has been shipped before receipt of the cancellation of the order for delivery delay of more than 7 days, REAL STAMM will proceed to the refund of the item and the shipping and return costs, upon receipt of the item, complete, in its original condition and with all labels.
REAL STAMM undertakes to inform the Customer of the progress of the processing of his order.
In case of damaged packages (already opened, missing products…), the Customer undertakes to notify the carrier and REAL STAMM, by any means.
Full payment must be made at the time of ordering. At no time can the sums paid be considered as a deposit or advance payment. The Customer pays for his order by credit card (Visa, Eurocard/Mastercard), with his Paypal account or by bank transfer in accordance with the provisions of this article.
For any transaction, the Customer will indicate the number appearing on the front of his card, the expiry date of his card and the cryptogram appearing on the back of his card (last three digits).
The communication by the Customer of his credit card number constitutes authorisation for REAL STAMM to debit his account up to the amount of his order.
No C.O.D. shipments will be accepted for any reason.
REAL STAMM retains ownership of the article until full payment of the price by the Customer. Purchases are made in a secure way. The payment solutions adopted by REAL STAMM are 100% secure. For payments by credit card (credit card, visa credit card and e-credit card), all the information that Customers communicate to REAL STAMM is strictly protected and guarantees the conformity and security of each transaction.
Within a period of fourteen (14) days from receipt of the order, the Customer may ask REAL STAMM to return the Product(s). Only the gift wrapping will not be able to be the object of a return or a refund. This period may be extended to thirty (30) days in exceptional periods before Christmas for orders placed from November 15 to December 10.
To do so, the Customer will use the return form received with the order and which includes all the indications to proceed with the return of the Product(s).
The Customer must return the Product(s) at his own expense, except in the event that he has received a product with a manufacturing defect or which does not correspond to the Customer’s initial order.
The return is at the Customer’s risk. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed, accompanied by the return form, to the following address:
ZA des Treize Vents
Route de Beaupreau
La Regrippière 44330
The returned Product will be the subject of a credit note or a refund within a maximum period of fifteen (15) days from its receipt by REAL STAMM.
If the Customer does not respect the present conditions, in particular the conditions of return or exchange, REAL STAMM will not be able to issue a credit note or reimburse the Products concerned.
REAL STAMM has, for all the stages of access to the site, from the order process to the dispatch of the parcel or subsequent services, only an obligation of means. REAL STAMM cannot be held responsible for any inconvenience or damage inherent to the use of the internet network, in particular a service interruption, an external intrusion or the presence of computer viruses, or any fact qualified as force majeure, in accordance with the law and jurisprudence.
Under no circumstances is the Customer authorised to download or modify all or part of the Site and in particular its content (listed products, descriptions, images, videos, etc.).
This Site or any part of this Site may not be reproduced, copied, sold or otherwise exploited for commercial purposes without the express written permission of REAL STAMM.
Generally speaking, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site will remain the full and entire property of REAL STAMM.
The Customer is therefore bound to respect intellectual property rights and may in no way use the trademarks appearing on the Site and on the Products, as the case may be, or register a trademark that would be prejudicial to the holder of the rights, unless otherwise stipulated in the contract.
The same applies to any other intellectual property rights.
REAL STAMM undertakes to use the confidential information of the Customers only within the framework of the operation of its Site.
For the good progress of the order, the personal data collected will be the subject of a data-processing treatment, the Customer acknowledges having knowledge of it.
In this respect, information concerning him/her may be communicated to REAL STAMM’s technical service providers.
In addition, REAL STAMM may apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionalities of the site, for example by tracing the number of visitors to certain pages.
In accordance with the law of January 6, 1978 modified by the law of August 6, 2004, the Customer has a right of access and correction of the personal data concerning him appearing in the files of ROYAL MER. Any request must be sent by e-mail to: [email protected] or by mail to the following address: ROYAL MER, 40 rue Levavasseur, 35800 Dinard, FRANCE.
This data processing has been declared to the Commission Nationale de l’Informatique et des Libertés (CNIL) which issued receipt no. 1517135 v 0 on 29 June 2011.
In the event of the occurrence of an event of force majeure, the party concerned must inform the other within fifteen (15) days of the occurrence of this event, by registered letter with acknowledgement of receipt.
Expressly, are considered as force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other cases beyond the control of the parties that prevent the normal execution of the contractual relationship.
All the obligations of the parties will be suspended for the entire duration of the force majeure event, without compensation.
If the event of force majeure lasts for more than three (3) months, the contract concerned may be terminated by operation of law without compensation for either party.
13.1. PARTIAL INVALIDITY OF A CLAUSE
If any of the stipulations of the present conditions is declared null and void or unenforceable by a competent court, it will be declared unwritten and will not lead to the nullity of the other stipulations.
The present general conditions can be modified at any time and without notice by REAL STAMM, the applicable conditions being those in force at the date of the order by the Customer.
The present general terms and conditions of sale are permanently accessible at the following address:https://www.royal-mer.com/en/gerneral-terms-and.conditions-of-sale/
13.3. APPLICABLE LAW – COMPETENT COURT
The present general conditions are subject to French law with regard to both substantive and formal rules. Any dispute shall be subject to a prior attempt at amicable settlement.
In the absence of an amicable settlement, jurisdiction is attributed to the competent French courts, notwithstanding plurality of defendants or appeal in warranty.
13.4 : REPRODUCTION OF APPLICABLE TEXTS (ORDER 2005-136 OF 17 FEBRUARY 2005, CONSUMER CODE, CIVIL CODE)
Art. L. 211-4. 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 defects in conformity resulting from packaging, assembly instructions or installation, if the latter was made by him under the contract or was carried out under his responsibility.
Art. L. 211-5. of the Consumer Code
To be in conformity with the contract, the property must:
Art. L. 211-12. of the Consumer Code
Any action resulting from lack of conformity shall be time-barred two years after delivery of the goods.
Article 1641 of the Civil Code
The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the Customer would not have acquired it, or would only have paid 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 from the discovery of the defect.
You can contact REAL STAMM by phone at +33 (0) 2 40 33 63 65.
In the event of a dispute relating to the conclusion, execution or termination of an order, the Internet User may make any complaint to the Vendor by telephone (+ 33 (0)2 23 17 57 98) or by e-mail to the following address: [email protected]
Failing to reach an amicable agreement with the Seller, and in accordance with the provisions of Article L 152-2 of the Consumer Code, the Internet user may initiate free of charge a mediation procedure with: MEDICYS – 73 Boulevard de Clichy – 75009 Paris https://www.medicys.fr/ .
Failing to reach an agreement at the end of the mediation procedure, the Internet User and/or the Seller may refer the matter to the competent courts.
In the event that the Internet User is located outside mainland France, the Internet User may initiate, at his or her choice, any conventional mediation procedure and call upon the mediator of his or her choice, initiate any other alternative dispute resolution method, or bring the matter before the competent courts.
In the case of a cross-border dispute the request for mediation will be made via the European Online Dispute Resolution Platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR#.
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