Terms and conditions

TERMS AND CONDITIONS GENERAL CONDITIONS OF SALE

Article 1: SCOPE OF APPLICATION

These general conditions of sale apply, without restriction or reservation, to all orders placed by any buyer on the website www.flamingo-box.fr, a merchant website belonging to the company Premium consulting domiciled at 6 rue des Bateliers - 92110 CLICHY – France (hereinafter the Seller). SHARE CAPITAL of 1000 euro siret n° 878 680 867 Intracommunity VAT number: 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, where applicable, over any other version or any other contradictory document.

Modifications to these General Conditions of Sale are binding on users of the site from the time they are put online and cannot apply to transactions previously concluded. Validation of the order by the Buyer constitutes unreserved acceptance of these General 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. Outside France, delivery costs will be invoiced at the postal rates in effect at the time the order is placed.

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.

The Premium consulting company reserves the right to modify the sales prices appearing on the Site at any time.

However, under Article 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 taken place, 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.

Ordering products on the Site is subject to acceptance by the Buyer without any reservation, of all of the General Terms and Conditions set out below.

These are binding on the Buyer without regard to the specific clauses added by him. This acceptance is materialized by checking the box marked as follows: “I accept and acknowledge having read the General Conditions of Sale”. Once the general conditions of sale have been accepted, the Buyer must choose the payment method. The order is considered finalized once payment of the price has been made on the website.

Any order constitutes acceptance of the prices and descriptions of the products available for sale.

In certain cases, including non-payment, incorrect address or other problem with 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, the Premium consulting company reserves the right to cancel any order from a customer with whom there remains 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 stocked 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 that one or more products are unavailable 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, reimbursement will be made at the Seller's discretion by credit to the Buyer's bank account. or by check, no later than fourteen (14) days from payment of the amounts paid by the customer.

Article 5: PAYMENT

The Buyer may pay by credit card (CB, VISA, MASTERCARD). Except in exceptional cases or 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 price in full under the conditions indicated above.

Payments by credit card are debited at the time of placing the order. Payments made by the Buyer will only be considered final after actual receipt of the sums by the Seller.

In the event of late payment of sums due by the Buyer beyond the deadline set above, and after the payment date appearing on the invoice sent to the latter, late payment interest calculated on the basis of the legal rate in force, will be acquired automatically and automatically from the Seller after a period of 10 days, without any formality or prior notice and will result in the immediate payment of all sums due by the Buyer, without prejudice to any other action that the Seller may be entitled to take, in this respect, against the Buyer.

In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions appearing above, to suspend or cancel delivery of current orders placed 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 DPD logistics within a maximum 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 issue to the deliverer any reservations and complaints that appear justified.

In the event of a shipping delay, an email will be sent to the Buyer to inform them of a possible consequence on the delivery deadline that would have been indicated.

In any case, in accordance with legal provisions, in the event of a delivery delay of more than fourteen (14) days, the Buyer has the possibility of canceling his order within sixty (60) working days.

In this case, if the Buyer has received the product, after cancellation, the Seller reserves the right not to refund the item.

Article 7: DELIVERY - COMPLIANCE OF PRODUCTS

We undertake to reimburse you if it has not been opened and the reimbursement can only be made if we receive the exact weight following the order placed by the customer.

In this case, we kindly ask you to state this in detail in writing, to wait for our agreement also in writing, and to return the product(s) to us accompanied by our agreement.

The Seller will reimburse you for the product(s). The request must be made within fourteen (14) working days following delivery. Any complaint made outside this deadline cannot be accepted. The products must be returned to us in the condition in which you received them with all the elements delivered (accessories, packaging, instructions, etc.).

If you receive counterfeits, please note that we strongly advise you to destroy them or better to return them to us for destruction.

https://www.economie.gouv.fr/dgccrf/Publications/Vie-pratique/Fiches-pratiques/La-contrefacon

Upon receipt, two possible choices are sent of the same weight in a package with shipping at our expense or refund depending on the weight of the return box.

Return costs are the responsibility of the customers. The products should be sent to the address: Premium Consulting 15 av des Marronniers 27 250 BOIS ARNAULT - Mondial relay Ecomiam L'Aigle

Article 8: RESPONSIBILITY OF THE SELLER – GUARANTEE

The warranty is not applicable on the sale of lost, unclaimed package products.

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.

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 goods, accident or force majeure and the Seller's warranty is limited to replacement. or the reimbursement of non-compliant or defective products.

The products sold on the Site comply with the regulations in force in France and the European Union.

The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the products are delivered, which it is up to the Buyer to verify. The Buyer is solely responsible for the choice of products, their conservation and their use.

The Seller will not be considered responsible or defaulting for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French jurisprudence. 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: • benefits from a period of two years from delivery of the goods to take action against its seller; • can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code; • is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following 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 potentially cover your property.

It is recalled that the consumer can decide to implement the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the civil code and that in this case, he can choose between cancellation 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 - e.g.: Leboncoin, vinted, Lookingo, etc.), the return of the product will be the company's address 6 rue Jean Baptiste Réveillon 61300 L'Aigle – Entrepôt Gauche 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 , where 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) with a withdrawal period of fourteen (14) working days from 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 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 refund will be made only and only if the weight of the return is identical to the order, otherwise the seller will have the possibility to refuse the refund.

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.

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 a refund, it will be made as soon as possible and at the latest within fourteen (14) days following the exercise of the right of withdrawal.

The reimbursement will be equal to the amounts paid on the Site or by transfer In accordance with article L. 221-5 of the Consumer Code, ("Hamon law") of June 2014, the customer can find below a standard form of withdrawal 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 seller cannot be held liable 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 your responsibility to check with local authorities the possibilities of importing or using the products or services 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 contact.flamingo.box@gmail.com

In the event of purchases on a professional basis, the Seller will not incur any liability for any damage such as: operating loss, loss of profit, loss of opportunity, damage or costs, which may arise due to 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 responsible towards the consumer for the proper execution of the obligations resulting from the contract concluded remotely, whether these obligations are performed by the professional who concluded this contract or by other service providers, without prejudice of its right of appeal 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 unforeseeable and insurmountable act of a third party to the contract, or in a case of force majeure." The Seller cannot also be held responsible for alteration of the products due to poor storage by the Buyer.

The Seller cannot be held liable in the event of temporary unavailability of the Site, particularly for maintenance reasons.

Article 11: INTELLECTUAL PROPERTY

The Site and its content, in particular photographs, texts, logos and acronyms, brands, 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 prior authorization from the Seller, is strictly prohibited, under penalty of criminal or civil proceedings for counterfeiting.

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 manner and for any purpose whatsoever.

Article 12: CONFIDENTIALITY - COMPUTING AND FREEDOMS

The personal data collected on the Site are subject to computer processing intended to ensure the proper management of Orders, deliveries and customer relations.

This information is processed by the company 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 was the subject of a declaration to the Commission National Data Protection Authority (CNIL) under number 1529532.

The Buyer is also informed that, in accordance with the law mentioned above, he benefits from an individual right of access, rectification and deletion of personal information concerning him.

The Customer is reminded that in his 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 retain data likely to allow the identification of all persons who have purchased a product, the judicial authorities may request the communication of said information;

2. remove stored or retained information, or make access to it impossible, as soon as flamingo-box becomes aware of its manifestly illicit nature.

To do this, you should contact the company Premium consulting by post or email, at one of the following addresses: 6 rue Jean Baptiste Réveillon 61300 L'Aigle – Entrepôt Gauche william@flmaingo-box.fr

The data collected on the Site may be kept by the company Premium consulting for a period of one (1) year.

After this period, the information collected will be deleted. Premium Consulting may use Cookies (files containing information stored on the Member's hard drive).

Cookies facilitate the operations that the Buyer carries out on the Site. They do not contain confidential information concerning the Buyer.

However, the latter is free to refuse the creation of Cookies.

Through us, and with your agreement, you may receive commercial offers from other companies by email.

If you do not wish this, simply write to us at 6 rue Jean Baptiste Réveillon 61300 L'Aigle – Entrepôt Gauche william@flmaingo-box.fr Transaction security: The transaction is encrypted (SSL encryption process).

No credit card number is stored by the Seller. Communicating your credit card number on the banking server when paying for your order is completely secure. In fact, this manipulation does not involve any risk since your credit card details never pass unencrypted over the network: they are encrypted using the SSL (Secure Socket Layer) protocol.

The Seller does not have access to your bank details, and does not store them on its servers under any circumstances.

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, at his choice, seize, in addition to one of the territorially competent courts under the code of civil procedure, the jurisdiction 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/

In application of article R. 616-1 of the Consumer Code, you can have your request examined by a mediator whose contact details you will find below, knowing that a dispute can only be examined, with some exceptions, by a single mediator: • MEDICYS (Mediation and cyber-services center)

Updated May 31, 2017 Appendix 1

Article L. 217-4 Consumer Code

The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.

Article L. 217-5 Consumer Code

The property complies with the contract:

1. If it is suitable for the use usually expected of a similar good and, where applicable: o if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; o if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2. Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L217-12 Consumer Code

The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.

Article L. 217-16 Consumer Code:

When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of At least seven days are added to the remaining warranty period.

This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention.

Article 1641 Civil Code

The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not would have given a lower price for them, if he had known them.

Article 1648 paragraph 1 Civil Code

Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. Appendix 2: Standard withdrawal form: Right of withdrawal The consumer has the right to withdraw from this contract without giving any reason within 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 begins from the moment the consumer receives the complete information, but expires in any case after one year and fourteen calendar days.

If the consumer does not receive all the required information, the withdrawal period begins 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 in the name and address indicated below using a “durable medium” (for example, written letter sent by post, email).

The consumer can, if he wishes, use this form. 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 terminate the contract where certain information has not been provided. Prohibition of advance payments

During the withdrawal period, any payment of advances by the consumer is prohibited.

This prohibition concerns all remuneration, including in particular payment, the provision of guarantees, the reservation of money in accounts, explicit acknowledgments of debts.

It applies not only to payments made to a professional, but also to payments made to third parties.