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I. Preamble

These Terms of Business set the Rights and Requirements of the SARL “Le Sourire Du Plombier” – with a share capital of 1000€ – and the Client within the context of an online sales concluded via the retail website www.sourireduplombier.fr – sourireduplombier.com.

These Terms of Business solely apply to parties able to visit and purchase on the aforementioned websites, meaning a physical adult having full legal capacity, and the SARL “Le Sourire du Plombier”, located at 12 Quay Duguay Trouin – 35 000 Rennes. The company is duly registered with the “Registre du commerce et des societies de Rennes” under the SIRET (business identification) 809 791 940 000 12 and whose intra-community VAT identification is FR 65809791940.

Via the aforementioned websites, the user can visit and purchase online textile products for the “Le Sourire du Plombier” Brand in accordance to the present Terms of Business.

The SARL “Le Sourire du Plombier » reserves itself the right to modify at any moment and without notice the General Terms of Business. These Terms of Business are applicable the moment they are online. The General Terms of Business online at the time of a client’s online purchase are the only ones applicable to the transaction.

The client has a right to consult, download, save and print the General Terms of Business at any time via the retail websites www.sourireduplombier.fr – www.sourireduplombier.com – within this General Terms of Business section.

II. Products

II.I. The products that fall under the clauses of the present General Terms of Business are all products presented on the retail websites www.sourireduplombier.fr – www.sourireduplombier.com. These products are presented within the limits of available stock.

Each product is described in the most exact way possible.

II.II The products offered by SARL “Le Sourire du Plombier” are in accordance with the rules and regulations applicable in France.

Within the context of the retail websites www.sourireduplombier.fr – www.sourireduplombier.com, the client must acknowledge that the descriptive components (photos, images, texts, illustrations, videos, logos, graphic designs…) hold no contractual value.

Thereby, the SARL “Le Sourire du Plombier” is not responsible in the case of an error, an omission or modification of these components by its editors and/or its suppliers.

III. Responsibilities of the Client

III.I The client must be at least 18 years old and be in possession of his/her full legal capacity or have parental authorization allowing him/her to make a purchase on the aforementioned websites.
III.2 The client must communicate his/her valid contact information that are necessary to the realization of the transactions that are the object of the present General Terms of Business. The aforementioned contact information will be asked online and, depending on the situation, will consist of the client’s name, first name, address, telephone number and e-mail…
The client is responsible for the consequences due to the communication of incorrect, incomplete or illegally contracted information.
III.3 Once the purchase transaction is done; the SARL will address the client by an e-mail confirming the purchase. The SARL will communicate to the client the delivery status of his/her purchase.
III.5 In accordance with the French law protecting “data considered as personal”, overseen by the National Commission on Informatics and Liberty (CNIL), the SARL “Le Sourire du Plombier” guarantees the safety of all personal data communicated by the Client. At the client’s request and in accordance with the right to oppose the use of personal data, the client has the right to exercise his/her right to oppose the retention of his/her personal data. To exercise this right, the client, can, at any time, demand of the SARL “Le Sourire du Plombier” to delete his/her personal data. This demand can be done by e-mail – contact@sourireduplombier.com – or by postal message – SARL Le Sourire du Plombier – 12 Quay Duguay Trouin 35000 Rennes. The SARL “Le Sourire du Plombier” has, once the e-mail or postal mail is received, two months to erase or modify the client’s personal data per his/her request.

IV. Order

IV.1 An order will only be validated once the payment has been accepted.
IV.2 The SARL “Le Sourire du Plombier” reserves its right to cancel or refuse to fulfill an order if a conflict has arisen between itself and the client concerning a prior order.
IV.3 The SARL “Le Sourire du Plombier” can accept orders within the limit of the available stock. The SARL “Sourire du Plombier” will inform the client of the product’s availability on the website at the order confirmation stage of the transaction.
IV.4 If, despite the SARL’s caution, the products are unavailable, the SARL “Sourire du Plombier” will inform the client by e-mail as soon as possible. The client can then proceed to canceling his/her order and receive a reimbursement if the payment had already been processed.
In the case of a temporary or permanent unavailability, the SARL “Le Sourire du Plombier”’s legal responsibility cannot be retained and does not create for the client a right to reimbursement or a right to damages.

V. Pricing

V.1 The prices displayed on the retail websites are indicated in euros with all French taxes included (French TVA and other applicable taxes) but do not include shipping, order processing and packaging costs.

The shipping, order processing and packaging costs are displayed in the client’s virtual shopping cart, before the definitive validation of the order.
The “TTC” pricing, which includes all applicable taxes, can be modified at any time, without notice. The applicable pricing for an order is the sum invoiced when the order is confirmed.

VI. Delivery

VI.1 The SARL “Le Sourire du Plombier” delivers its products in France.

VI.2 Shipping outside the European Union or in French Overseas departments and territories

The price of the client’s order will be calculated without tax and then will be subject to custom’s duty and possible taxes applied to the order upon its arriving to destination. These expenses, linked to the order’s shipping, are at the expense of the client. The SARL “Le Sourire du Plombier” is not responsible for verifying or informing its clients of the applicable custom’s duties and taxes.

The orders are shipped with a delivery slip to the delivery address given by the client when he/she confirmed their order online. The delivery times indicated on the websites are purely indicative and transcribe the usual time needed to process and ship an order to destination. For this delivery time to be respected, the client must be sure to have communicated correct and complete information in regards to his/her shipping address (such as: street, building and/or staircase number, access codes, interphone names or numbers, etc.)
In case of a delay of over 7 working days in shipping, if the order hasn’t been shipped, the client can report the order via registered post with acknowledgement of receipt and ask for the reimbursement of his/her order.
If the order has been shipped before the reception of the order’s cancelation because of the shipping delay of over 7 working days, the SARL “Le Sourire du Plombier” will reimburse the order and the shipping expenses (including those to return the order), once the order is returned, complete, in its initial condition including all tags.
Thereupon, the SARL “Le Sourire du Plombier” pledges to inform the client of the status of his/her order.
In the case of a damaged package (already open upon delivery, incomplete…) the client must notify the carrier and the SARL “Le Sourire du Plombier”, by all means, within the 3 days after receiving the order.

The SARL “Le Sourire du Plombier” denies any and all responsibility of the consequences due to a delay in the shipping process that wouldn’t be caused by SARL “Le Sourire du Plombier”’s acts or omission (ie: strikes, bad weather conditions, transportation restrictions…).

VII. Payment

The entirety of the payment must be completed when ordering. The amount paid will not be considered, at any moment, as a deposit or down payment. The client will pay his/her order via a credit/debit card (Visa, Eurocard/Mastercard), by check or by wire transfer in accordance with the provisions of the present article.
For any and every transaction, the client will communicate the number located on the front of his/her credit or debit card, the expiration date of the card and the security code located on the back of the card.
When the client communicates his/her credit or debit card information, the client authorizes the SARL “Le Sourire du Plombier” to debit his/her account the amount his/her order is worth.
Whatever the motive maybe, payment upon delivery will not be authorized.
The SARL remains the owner of the article until full payment by the Client. “Le Sourire du Plombier” commits to insuring a payment platform that is 100% secure. Concerning all bank card payments (credit, debit, Visa, e-card, etc.), all information communicated by the client to the SARL are strictly protected and guaranty the conformity and the security of the transaction.

VIII. Exchanges and returns of product(s)

Withdrawal or cancellation right

Upon reception of his/her order, the client may request of the SARL “Le Sourire du Plombier”, within a delay of 14 days, the exchange or return of one or more of the product(s) ordered.
To exercise such right, the client will have to formalize a return or exchange request via e-mail/
Once the return or exchange request is validated by the SARL “Le Sourire du Plombier”, the SARL will inform the client of such validation and cover all expenses due to the return of the merchandise. The return or exchange of the merchandise is done at the client’s risk. The product must be returned under a week (after validation of the return/exchange request) in its original packaging, in its original condition, new, neither worn nor cleaned to the following address:

SARL Le Sourire du Plombier
12 Quay Duguay Trouin
35000 Rennes
France

If the article is not returned by the client within the delay of one week once the validation of his/her return request has been received, the return will be considered canceled and the client will be unable to return said article.

The returned article will be refunded within a maximum delay of fifteen (15) days within its reception by the SARL. The amount will be refunded on the client’s bank account.

In the case in which the client fails to respect the present provisions, in particular the return / exchange provisions, the SARL “Le Sourire du Plombier” will not proceed to the refund of the concerned products.

IX. Intellectual property

Any reproduction, transaction, partial or total exploitation of the website and/or its components (images, photos, product descriptions, videos…) for commercial purposes is prohibited without a written authorization from the SARL “Le Sourire du Plombier” under the present French intellectual property law.

More generally, all copyrights, brands and other distinctive sights and property rights or intellectual property found on the site, will remain under full ownership of the SARL “Le Sourire du Plombier”.

X. Guarantees and Responsibility

Le Sourire du Plombier commits to solely using its clients confidential information in the context of the business of their website.
The client recognizes that his/her personal information collected by the website will be processed by computing. Hence, their personal information will be communicated to the SARL’s technical service providers.

This computer processing of information has been declared to the National Commission on Informatics and Liberty (CNIL).

XI. Force majeure

In the case of an event of force majeure, the SARL “Le Sourire du Plombier” will inform its client within a delay of 15 days from the time force majeure had begun. The SARL will inform its client via registered post with acknowledgement of receipt.
According to the French legal courts and legal precedents, the following are considered force majeure events or events of unforeseeable circumstances: total or partial strikes, lock-outs, riots, boycotting or other actions pertaining to commercial or industrial disputes, civil disorder, insurrection, war, bad weather, epidemics, blockage of transportation or supply for any reason, earthquakes, fires, storms, flooding, water damages, federal or legal restrictions, legal or regulatory modifications concerning the marketing of products, computer breakdowns, telecommunications blockage (including wire line and terrestrial networks), and any other case in which conditions independent of the parties’ wills prevent the normal execution of the contractual relationship.

During the entirety of the event of force majeure, both of the parties’ obligations will be suspended, without penalty.
In the case of an event of force majeure lasting more than three (3) months, the concerned contracts can be terminated without any penalty to either party.

XII. General Provisions

XII.1 Partial non-validity of a clause

If one of the provisions in the present General Terms of Business is declared void or unenforceable by a competent jurisdiction, the provision will be declared unwritten and will not lead to the nullification of the other provisions.

XII.2. Applicable Law – Competent Court
The present provisions are subject to French law in regards to the substantive rules and procedural rules. In the case of a dispute, both parties agree to first settle the dispute out of court.
In the absence of an out-of-court settlement, the concerned parties will appeal to the competent court of the city of Rennes.

XII.3: Transcription of the applicable texts
Article. L. 211-4 of the Code of Consumption
The seller is required to deliver a product, which conforms to the contract and is held liable for any lack of conformity, which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.
Article L. 211-5 of the Code of Consumption
To conform to the contract, the product must: 1. Be suitable for the purpose usually associated with such a product and, if applicable: – correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model; – have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labeling; 2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to

Article L.211-12 of the Code of Consumption
Action resulting from lack of conformity lapses two years after delivery of the product.

Article 1641 of the Civil Code
The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its
intended use, or that so impair its use that the buyer would not have bought it, or would only have given a
lesser price for it if he had known of the defects.

Article 1648 al. 1 of the Civil Code
An action resulting from redhibitory defects must be brought by the buyer within two years from the
discovery of the vice.

For any additional information, contact us at:

SARL “Le Sourire du Plombier”
12 Quay Duguay Trouin
35 000 Rennes
contact@lesourireduplombier.com

Written the, 22/06/15, in Rennes, FR

Legal Mentions

This website’s purpose is to present Le Sourire du Plombier and its commercial activities.

In accordance with the law n°2004-575 of June 21st 2004 for the confidence in digital economy (LCEN): Adrien HERVE PELLISSIER

SIRET identification number: 809 791 950 00012

Adress: 12 Quay Duguay Trouin – 35000 Rennes
Telephone: 02 56 01 81 71
Publications director: Adrien HERVE PELLISSIER

Information relative to this website’s host:
The webhost has been provided by the OVH company.
SARL OVH
Adress : 2 rue Kellermann – 59100 Roubaix France
Tel: 0 899 701 761 Fax : 03 20 20 09 58
Mail : support@ovh.com
Site : www.ovh.com
If you wish to make a claim, please contact us at contact@lesourireduplombier.com or our webhost d

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