TERMS AND CONDITIONS
TERMS OF SALES
Article 1: SCOPE
These general conditions of sale apply, without restriction or reservation, to all orders placed by any buyer on the website www.flamingo-box.fr, merchant website belonging to the company Premium consulting domiciled at 6 rue des Bateliers - 92110 CLICHY – France (hereinafter the Seller). SOCIAL CAPITAL of 1000 euro siret n° 878 680 867 Intracommunity VAT n°: FR4284416168
The flamingo-box.fr website consists of the sale of various products and in particular products for the home, for the body as well as “High Tech” products in bulk.
These General Conditions of Sale are accessible (hereinafter the Site) at any time on the website and will prevail, if necessary, over any other version or any other contradictory document.
The modifications of these General Conditions of Sale are opposable to the users of the site as from their posting on line and cannot apply to transactions concluded previously.
Validation of the order by the Buyer implies unreserved acceptance of these General Terms and Conditions of Sale.
Article 2: PRICE
The prices of our products are indicated in euros all taxes included, processing and shipping costs included only for Metropolitan France at the final stage of your shopping cart.
Outside France, delivery costs will be invoiced at the price of the postal rates in force at the time of registration of the order.
All orders, regardless of their origin, are payable in euros.
The price guaranteed to the Buyer is that appearing on the Site on the date of purchase, which is materialized by the acceptance of the offer by the buyer.
Premium consulting reserves the right to modify the sale prices appearing on the Site at any time. However, under articles L.212-1 and R.212-1-3, a consumer who has ordered a product P at a time T cannot be charged another price.
The products remain the property of the company Premium Consulting until full payment of the price (basis, costs and taxes). The transfer of ownership of the products from the Seller to the Buyer will therefore take place once payment of the price has been made. Once the transfer of ownership has been made, the risks of loss, theft or deterioration of the products are the responsibility of the Buyer.
Article 3: ORDERS
To place an order, the Buyer must identify himself with his email address and password. For any first order, the Buyer must create a customer account on the website. The data recorded by premium consulting constitutes proof of all transactions between its Site and its customers.
The Order of products on the Site is subject to acceptance by the Buyer without any reservations by the latter, of all of the GCS set out below. These are binding on the Buyer regardless of the special clauses added by him. This acceptance is materialized by checking the box bearing the following mention: "I accept and I acknowledge having read the General Conditions of Sale".
Once the general conditions of sale have been accepted, the Buyer must choose the method of payment.
The order is considered finalized once the payment of the price has been made on the website.
Any order implies acceptance of the prices and descriptions of the products available for sale.
In certain cases, including non-payment, incorrect address or other problem on the Buyer's account, the Seller reserves the right to block the Buyer's order until the problem is resolved.
For orders placed on its Site, Premium Consulting reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order.
Article 4: AVAILABILITY
Our product offers and prices are valid as long as they are visible on the site. For products not stored on our premises, our offers are valid with our suppliers. Information coming directly from our suppliers, errors or modifications may exceptionally exist. In the event of the unavailability of one or more products after validation of your order, we will inform you by any means (email, post or telephone) upon receipt of the information received from the suppliers. In the event of unavailability of all or part of the order, and if the buyer does not opt for a replacement product or a credit note, the refund will be made at the Seller's option by crediting the Buyer's bank account. or by cheque, at the latest within fourteen (14) days of payment of the sums paid by the customer.
Article 5: PAYMENT
The Buyer may proceed to payment by bank card (CB, VISA, MASTERCARD).
Except in exceptional cases or by special agreement between the Seller and the Buyer, all purchases made on the Site are payable in full on the day the order is placed.
The Seller will not be required to deliver the products ordered by the Buyer if the Buyer does not pay the full price under the conditions indicated above.
Credit card payments are debited when the order is placed.
Payments made by the Buyer will only be considered final after actual collection of the sums by the Seller.
In the event of late payment of sums owed by the Buyer beyond the time limit fixed above, and after the date of payment appearing on the invoice addressed to the latter, late payment interest calculated on the basis of the legal rate in force, will automatically and automatically be acquired by the Seller at the end of a period of 10 days, without any formality or prior formal notice and will result in the immediate payment of all sums owed by the Buyer, without prejudice to any other action that the Seller would be entitled to bring, in this regard, against the Buyer.
In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of orders in progress made by the Buyer.
Article 6: DELIVERY - GENERAL
The products acquired by the Buyer will be delivered in mainland France and abroad by post, Mondial Relay or by colissimo within a maximum period of 2 weeks, to the address indicated by the Buyer when ordering on the Site.
The Seller undertakes to make its best efforts to deliver the products ordered by the Buyer within the deadlines specified above.
Delivery is deemed to have been made upon delivery of the products ordered by the Seller to the consumer.
It is therefore up to the Buyer to check the shipments on arrival and to express to the deliverer any reservations and complaints that appear justified.
If the declaration of loss is not made on the day of delivery, the company Premium consulting (flamingo-box) gives itself the right not to reimburse the customer.
In case of late shipment, an email will be sent to the Buyer to inform him of any consequences on the delivery deadline that would have been indicated. In any case, in accordance with the legal provisions, in the event of a delay in delivery of more than fourteen (14) days. In this case, if the Buyer has received the product, after cancellation, the Seller will refund the Product and the delivery costs, upon receipt of the Product by the Seller, complete and in its original condition and in its original packaging. origin and at the same weight of the order.
Article 7: DELIVERY - COMPLIANCE OF PRODUCTS
We undertake to refund or exchange products that appear to be defective or that do not correspond to your order. In this case, we thank you for agreeing to report it in detail in writing, to await our agreement also in writing, and to return the product(s) to us accompanied by our agreement. The Seller will, at your option, exchange or refund the product(s). The request must be made within fourteen (14) working days of delivery. Any complaint made outside this period cannot be accepted. The products must be returned to us in the state in which you received them with all the items delivered (accessories, packaging, instructions, etc.). The return costs are your responsibility. The products should be sent to the address: Premium Consulting 6 rue Jean Baptiste Eveillon 61300 L'Aigle
Article 8: LIABILITY OF THE SELLER – WARRANTY
The warranty is for two years from the delivery of the goods to the consumer.
Some products sold are covered by a manufacturer's warranty. Excluded from this warranty are all products modified or repaired by the Buyer or by any other person not expressly authorized by the Seller, as well as all products covered by a specific assistance and maintenance contract. To be able to benefit from the guarantee of the products, it is imperative to keep the purchase invoice of the product. The contractual guarantees do not cover: - the replacement of consumables, - abnormal or non-compliant use of the products, - breakdowns related to accessories (power cables, etc.), - defects and their consequences due to intervention of a non-approved repairer, - defects and their consequences linked to use that does not comply with the use for which the product is intended, - defects and their consequences linked to any external cause.
However, and in any event, you benefit from the provisions of the legal guarantee, in particular the legal guarantee of conformity and the guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unsuitable. to use.
Any warranty is excluded in the event of misuse, negligence or lack of maintenance on the part of the Buyer, as in the event of normal wear and tear of the property, accident or force majeure and the Seller's warranty is limited to replacement or reimbursement of non-compliant products or products affected by a defect.
The Seller will replace or have repaired the products or parts under warranty deemed to be defective by the Seller.
The defective product must be returned in its original packaging and accompanied by the Seller's agreement. All costs and risks related to the return of the product are the responsibility of the seller. No cash on delivery will be accepted for any reason. The products should be sent to the address: 6 rue Jean Baptiste Réveillon 61300 L'Aigle – Entrepôt Gauche
The products sold on the Site comply with the regulations in force in France. The Seller's liability cannot be engaged in the event of non-compliance with the legislation of the country in which the products are delivered, which it is the Buyer's responsibility to verify.
The Purchaser is solely responsible for the choice of products, their conservation and their use.
The Seller will not be considered responsible or in default for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French case law.
It is recalled that within the framework of the legal guarantee of conformity, with the provisions of articles L.221-5, L221-21, L-221-24 and R.616-1, the consumer:
• has a period of two years from delivery of the property to act vis-à-vis its seller;
• can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-9 of the consumer code;
• is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to 24 months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity, in accordance with the provisions of the decree of December 18, 2017, applies independently of the commercial guarantee that may possibly cover your property. It is recalled that the consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and that in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code
Exception: In the case of a purchase made from a partner (purchase site - ex: Leboncoin, vinted, Lookingo, ...), the return of the product will be the address of the company 6 rue Jean Baptiste Réveillon 61300 L 'Aigle - Left Warehouse like any traditional purchase.
Article 9: RIGHT OF WITHDRAWAL
In accordance with Article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception , if applicable, return costs »
The Buyer has, in accordance with the provisions of articles L.221-18 - L.224-79 - L.224-91 - L.312-19 – L.313-34 VII of the Consumer Code, (see appendix 1 ) a withdrawal period of fourteen (14) working days from the delivery of the products. In accordance with Article L.221-23 of the Consumer Code, the consumer returns or returns the goods to the professional or to a person designated by the latter without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw in accordance with article L.221-21 of the Consumer Code, unless the professional offers to recover these goods himself.
In accordance with article L.221-24 of the Consumer Code, when the right of withdrawal is exercised, the professional reimburses the consumer for all sums paid, including delivery costs, without unjustified delay and at the latest within fourteen days from the date on which he is informed of the consumer's decision to withdraw
Return costs will be the sole responsibility of the Buyer.
The return of the products must be accompanied by a copy of the purchase invoice and the shipment must be made to the address mentioned in article 1 of these general conditions of sale.
Reimbursement will be made only and
only if the weight of the return is identical to the weight of the order, otherwise the seller will have the possibility of refusing the refund.
Upon receipt of your return, if you have requested an exchange of the product, we will immediately send you the replacement product (subject to availability). If you have requested reimbursement, it will be made as soon as possible and at the latest within fourteen (14) days following the exercise of the right of withdrawal.
Exception: In the case of a purchase made from a partner (group purchase site - ex: Leboncoin, vinted, Groupon, Lookingo, etc.), this withdrawal period applies from the date of receipt of the produced by the customer, and is to be asserted with him.
The refund will be equal to the sums paid on the Site.
In accordance with article L. 221-5 of the Consumer Code, ("Hamon law") of June 2014, the customer can find below a standard withdrawal form for an order placed on the site www.flamingo-box .Fr
At the bottom of the page (appendix 2), a withdrawal form is available
Article 10: RESPONSIBILITY
The responsibility of the seller cannot be engaged in the event of non-compliance with the legislation of the country where the product is delivered (for example in the event of a ban on a product, etc.). It is up to you to check with the local authorities the possibilities of importing or using the products or services that you plan to order.
Photos are for illustrative purposes. We invite you to refer to the description of each product to find out its precise characteristics. Of course, for any questions about the products, you can contact us by email at firstname.lastname@example.org
In the event of professional purchases, the Seller will not incur any liability for any damages such as: operating loss, loss of profit, loss of opportunity, damages or costs, which may arise from the purchase of the products. .
We remind you that it is prudent to back up the data contained in the products purchased. The Seller cannot be held responsible for any loss of data, files or damage defined in the previous paragraph.
In accordance with Article L. 217-4 of the Consumer Code, "The professional is automatically liable to the consumer for the proper performance of the obligations resulting from the contract concluded at a distance, whether these obligations are performed by the professional who concluded this contract or by other service providers, without prejudice to his right of recourse against them.
However, he may exonerate himself from all or part of his liability by providing proof that the non-performance or poor performance of the contract is attributable either to the consumer, or to the fact, unforeseeable and insurmountable, of a third party to the contract, or to a case of force majeure."
The Seller cannot also be held responsible for the alteration of the products due to poor storage by the Buyer.
The responsibility of the Seller cannot be engaged in the event of temporary unavailability of the Site, in particular for reasons of maintenance.
Article 11: INTELLECTUAL PROPERTY
The Site and its content, including photographs, texts, logos and acronyms, trademarks, designs, software, scripts, graphics, sounds, images, videos, interactive functions (this list is not exhaustive) are the exclusive property of the Seller.
The entire Site is protected under the Intellectual Property Code. Any reproduction or representation of the content, without the prior authorization of the Seller, is strictly prohibited, under penalty of criminal or civil proceedings for infringement.
More generally, the content of the Site may under no circumstances be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, altered, licensed or exploited in any way and for any purpose whatsoever.
Article 12: CONFIDENTIALITY - IT AND FREEDOMS
The personal data collected on the Site is subject to computer processing intended to ensure the proper management of Orders, deliveries and customer relations.
This information is processed by Premium Consulting.
In accordance with the provisions of Law No. 78-17 of January 6, 1978, amended by the law of August 6, 2004 relating to data processing, files and freedoms, the Site has been declared to the Commission National Computing and Liberties (CNIL) under number 1529532.
The Buyer is also informed that, in accordance with the law mentioned above, he has an individual right to access, rectify and delete personal information concerning him.
The Customer is reminded that in its capacity as content host, and in accordance with article 6 of Law n.2004-575 of June 21, 2004 for Confidence in the Digital Economy (LCEN) and its decree of application n. 2011-219 of February 25, 2011, Premium Consulting has the obligation to: 1. hold and keep the data likely to allow the identification of all persons who have purchased a product, the judicial authorities being able to require the communication of said information; 2. remove stored or retained information, or make access to them impossible, as soon as flamingo-box is aware of their manifestly illicit nature.
To do so, you should contact Premium consulting by mail or email, at one of the following addresses:
6 rue Jean Baptiste Réveillon 61300 L'Aigle – Left Warehouse
The data collected on the Site may be kept by Premium Consulting for a period of one (1) year. After this period, the information collected will be deleted.
Through us, and with your agreement, you may receive commercial offers from other companies by email. If you don't want it, just write to us at 6 rue Jean Baptiste Réveillon 61300 L'Aigle – Entrepôt Gauche
Security of transactions: The transaction is encrypted (SSL encryption process). No credit card number is stored by the Seller. Communicating your credit card number on the bank server when paying for your order is completely secure. Indeed, this manipulation does not involve any risk since the coordinates of your credit card never transit unencrypted on the network: they are encrypted thanks to the SSL protocol (Secure Socket Layer). The Seller has no access to your bank details, and does not store them on its servers.
Article 13: JURISDICTION / DISPUTES
This contract is subject to French law and is written in French. In the event of a dispute and for all disputes relating to this contract between the Seller and the Buyer, the consumer may seize, at his option, in addition to one of the courts with territorial jurisdiction under the code of civil procedure, the court of the place where he remained at the time of the conclusion of the contract or the occurrence of the harmful event.
Online Dispute Resolution Platform: In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of disputes online between consumers and professionals in the European Union.
This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/
Pursuant to Article R. 616-1 of the Consumer Code, you may have your request examined by a mediator whose contact details you will find below, knowing that a dispute can only be examined, except in exceptional cases, by a single mediator:
• MEDICYS (Centre for mediation and cyber-services)
May 31, 2017 update
Article L. 217-4 Consumer Code
The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L. 217-5 Consumer Code
The property is in accordance with the contract:
1. If it is specific to the use usually expected of a similar good and, where applicable:
o if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
o if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2. Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L217-12 Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-16 Consumer Code:
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 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 so diminish this use that the buyer would not have acquired it, or would have paid less if he had known them.
Article 1648 paragraph 1 Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
Standard withdrawal form:
Right to retract
The consumer has the right to withdraw from this contract without giving any reason within a period of
fourteen calendar days.
The right of withdrawal runs from ………………………………………….. (to be completed by the
professional before sending the form to the consumer).
If the consumer does not receive this form, the withdrawal period runs from the moment when
the consumer receives the complete information, but expires in any case after one year and fourteen
If the consumer does not receive all the required information, the withdrawal period runs from
from the moment the consumer receives the complete information, but expires in any case
after three months and fourteen calendar days.
To exercise the right of withdrawal, the consumer notifies his decision to withdraw to the professional
to the name and address listed below using a "durable medium" (e.g., written letter
sent by post, e-mail). The consumer can, if he wishes, use this
If the consumer exercises the right of withdrawal, he is not required to pay any costs.
In addition to the right of withdrawal, national contract laws may provide for rights
for the consumer, for example the right to withdraw from the contract when certain information has not
Prohibition of advance payments
During the withdrawal period, any advance payment by the consumer is prohibited. This
prohibition concerns any remuneration, including in particular the payment, the lodging of guarantees,
reservation of money in accounts, explicit acknowledgments of debt.
It applies not only to payment made to a professional, but also to that made to third parties.