Legal Notices and T&Cs

SAS ROBSHOP
62 Citrus Road
97490 Sainte-Clotilde - Reunion Island
RCS: 978580090
Intra VAT: FR71978580090
Siret: 97858009000014
contact@robshop.fr

GENERAL CONDITIONS OF SALE


PREAMBLE


Prior to placing the order and concluding the contract, these general terms and conditions of sale are communicated to the Customer, who acknowledges having received them. The Customer acknowledges having received, prior to placing his order and concluding the contract, in a legible and comprehensible manner, these general terms and conditions of sale and all the information listed in Article L. 221-5 of the Consumer Code. The following information is transmitted to him in a clear and comprehensible manner: - the essential characteristics of the product; - the price of the products and ancillary costs; - all additional transport, delivery or postage costs and all other possible costs; - the date or deadline by which the seller undertakes to deliver the product; - information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities; - information relating to legal and contractual guarantees and their terms of implementation; - the functionalities of the digital content and, where applicable, its interoperability; - the possibility of resorting to conventional mediation in the event of a dispute.


These general conditions apply exclusively between the company SAS ROBSHOP with share capital of €500, registered with the RCS of Saint Denis under number 978580090, whose registered office is located at 62 chemin des Agrumes 97490 Sainte-Clotilde, taken in the person of its current president, domiciled in this capacity at said registered office (hereinafter referred to as the "Seller") and any non-commercial natural person (hereinafter referred to as the "Customer") visiting or placing an order via the website www.robshop.fr.

The Seller ensures in particular the marketing of the aforementioned Goods via the website www.robshop.fr.


The list of Goods offered for sale online by the Seller can be consulted on the site available at the address www.robshop.fr.

The Parties agree that their relations will be governed exclusively by this contract, to the exclusion of any conditions previously available on the Seller's website.

The Customer declares that they have the right to save these general conditions.

Any order on the website www.robshop.fr implies the consultation and prior acceptance without reservation of these general conditions.

The Seller reserves the right to modify these General Conditions of Sale at any time by publishing a new version on the Site. The General Conditions of Sale are those in force on the date of Validation of the Order.

The Parties agree that the photos and videos of the Goods for sale on the website www.robshop.fr have no contractual value.

Article 1 – Definitions

The terms and expressions referred to below mean, when preceded by a capital letter, for the purposes of the interpretation and execution of these presents:

“Article”: the Good(s) which were the subject of the Order;

“Good”: any product offered for sale on the Site;

“Order”: request for Goods made by the Customer to the Seller;

“General Conditions of Sale”: the general conditions of sale which are the subject of these terms;

“Contract”: this document, including its preamble and its annexes as well as any amendment, substitution, extension or renewal made to this document pursuant to the agreement of the Parties;

“Delivery Time”: period between the date of Validation of the Order and the date of Delivery of the Order to the Customer;

“Delivery Costs”: cost of the expenses incurred by the Seller to deliver the Order to the Delivery address indicated by the Customer;

“Delivery”: shipment of the Item to the Customer;

“Price”: the unit value of a Good; this value is inclusive of all taxes and excluding Delivery Costs;

“Total Price”: the total amount of the cumulative Prices of the Goods which are the subject of the Order; this amount is inclusive of all taxes;

“All-Inclusive Price”: the Total Price to which is added the price of the Delivery Charges; this amount is inclusive of all taxes;

“Site”: Online Sales site “www.robshop.fr” used by the Seller for the marketing of its Goods;

“Order Validation”: has the meaning given in Article 5;

“Online Sale”: marketing of the Seller’s Goods via the Site.

Any reference to the singular includes the plural and vice versa. Any reference to one gender includes the other gender.

Article 2 – Purpose

The purpose of this Contract is to define the rights and obligations of the Parties in the context of the Online Sale of Goods offered for sale by the Seller to the Customer.

Article 3 – Scope of application

These General Conditions of Sale are reserved for consumers only, as defined by law and case law, acting exclusively on their own behalf.

In accordance with Article L. 111-1 of the Consumer Code, the essential characteristics and prices of the Goods sold electronically are available on the Site. Furthermore, each Good is accompanied by a description that is as detailed as possible.

The professional also communicates to the consumer information relating to his identity, his postal, telephone and electronic contact details and his activities, as well as, where applicable, those relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and methods of implementing the guarantees and other contractual conditions, in accordance with Articles R. 111-1 and R. 111-2 of the Consumer Code.

Furthermore, the Customer receives the information provided for in Article L. 221-11 of the Consumer Code, prior to and after the conclusion of the sale and in particular by means of these General Conditions of Sale.

These General Conditions of Sale are applicable to all sales of Goods by the Seller made through the Site.

The Customer declares having read these General Conditions of Sale before Validation of the Order within the meaning of Article 5. Validation of the Order therefore constitutes acceptance without restriction or reservation of these General Conditions of Sale.

Article 4 – Entry into force – Duration

This Agreement comes into force on the date of Validation of the Order as defined in Article 5.

The Contract is concluded for the duration necessary for the supply of the Goods, until the expiry of the guarantees and obligations owed by the Seller.

Article 5 – Ordering Goods and Stages of Conclusion of the Online Sale

In order to complete the Order, the Customer must follow the following steps:

1. Enter the Site address;

2. Follow the instructions on the Site and in particular, the instructions necessary for opening a customer account;

3. Complete the order form. In the event of prolonged inactivity when logging in, it is possible that the selection of Goods chosen by the Customer prior to this inactivity is no longer guaranteed. The Customer is then invited to start his selection of Goods again from the beginning;

4. Check the elements of the Order and, if necessary, identify and correct errors;

5. Validate the Order, the Total Price and the All-Inclusive Price (the “Validation of the Order”);

6. Follow the instructions of the online payment server to pay the All-Inclusive Price.

The Customer then receives electronically and without delay a confirmation of acceptance of payment of the Order.

The Customer also receives electronically and without delay an acknowledgement of receipt constituting confirmation of the Order (the “Order Confirmation”).

The Customer receives electronic confirmation of the dispatch of the Order.

Delivery will take place at the delivery address indicated by the Customer when placing the Order.

When carrying out the various stages of the Order mentioned above, the Customer undertakes to comply with these contractual conditions by application of article 1366 of the Civil Code.

The Seller undertakes to honour the Order only within the limits of available stocks of the Goods. In the event of unavailability of the Goods, the Seller undertakes to inform the Customer.

However, in accordance with Article L. 121-11 of the Consumer Code, the Seller reserves the right to refuse the Order if it is abnormal, made in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Customer concerning the payment of a previous order.

Article 6 – Price of Goods and Conditions of Validity

At the time of Validation of the Order, the price to be paid is understood to be the All-Inclusive Price.

Telecommunications costs inherent to accessing the Site remain the exclusive responsibility of the Client.

The validity period of the offers and Prices is determined by the updating of the Site.

Article 7 – Payment conditions

The All-Inclusive Price payment by the Customer of the Articles is made in cash on the day of the order. Payment is made:

by bank card bearing the CB, Visa, MasterCard logo online.

By PAYPAL with a bank card bearing the CB, Visa, MasterCard logo with PAYPAL. The secure page of the PAYPAL server appears. If you have a Paypal account, identify yourself and make the Payment via the Usual Procedure. If you do not have a PayPal Account, you can pay via the PayPal Server directly by Bank Card. To do this, still on the PayPal Home Page, below the Identification Box, click on the phrase "You do not have a PayPal Account?". You will then be redirected to the Secure Payment Page by Bank Card. Fill in the requested fields and validate. The integrity and confidentiality of the data collected are ensured.


Article 8 – Delivery of the Order

Find details of our delivery conditions on the Delivery and After-Sales Service page.

Article 9 – Right of withdrawal

The Customer has a right of withdrawal that he can exercise within fourteen calendar days following the date of placing the Order on the Robshop website. In the event that this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

The Customer who wishes to exercise his right of withdrawal must return the Articles within the aforementioned period, in their original packaging, complete and new. The costs and risks of returns are the responsibility of the Customer.

When the Customer exercises his right of withdrawal and returns the Item, if the Item and/or its packaging have been damaged making it unfit for return to the market, a discount will be applied on a case-by-case basis depending on the state of deterioration of the Item:

70% discount if only the outer packaging is damaged, destroyed or spoiled;

80% discount if the Item has been opened, started or damaged.

For food supplements and foods, the Customer acknowledges and accepts that no right of withdrawal may be exercised, in particular with regard to the provisions of Article L.121-21-8 of the Consumer Code, in one of the following cases:

Supply of Goods liable to deteriorate or expire rapidly;

Supply of Goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.

The provisions of Article L.121-21-8 of the Consumer Code apply in particular to ESSENTIAL OILS and FOOD SUPPLEMENTS sold on the Site.

Article 10 – Warranty

10.1.- The Seller is subject to the legal warranty conditions provided for in Articles L. 217-4, L. 217-5 and L. 217-12 of the Consumer Code and Articles 1641 and 1648 of the Civil Code:

Art. L. 217-4 of the 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, assembly instructions or installation when this has been placed on him by the contract or has been carried out under his responsibility”.

Art. L. 217-5 of the Consumer Code: “The good complies with the contract:

1° If it is suitable for the use usually expected of a similar good and, where applicable: - 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; - if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;

2° Or if it presents the characteristics defined by mutual agreement by 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”.

Art. L. 217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the good”.

Art. 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects in 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 a lower price for it, if he had known of them.”

Art. 1648 of the Civil Code: “The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity.”

The preceding provisions are not exclusive of the application of the legal guarantee of hidden defects of articles 1641 et seq. of the Civil Code, in accordance with the provisions of article L. 451-16 of the Consumer Code.

The Customer may exercise these guarantees by sending his request to: ROBSHOP, 62 chemin des Agrumes, 97490 Sainte-Clotilde.

When the Buyer acts under the legal guarantee of conformity, he:

- will benefit from a period of two years from the delivery of the goods to take action;

- may choose between repair or replacement of the goods subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;

- will be exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods.

The guarantee of conformity will apply independently of the commercial guarantee granted.

The Buyer may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between termination of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

10.2.- The Seller may not apply its warranty on the Articles in cases where the Customer has not respected the conditions of use and, where applicable, optimal storage and/or consumed the Articles beyond the expiry date indicated on the packaging.

In addition, the following are excluded from any warranty:

a. defects in use or maintenance.

b. Damage due to handling error, improper or abnormal use, or use for professional or commercial purposes.

c. The costs of transport and modification of the Article, in the event of a recall by the manufacturer due to a series defect.

d. Damage due to an external event (lightning, water damage, etc.).

e. Any work carried out on the Article by another person not authorized by the manufacturer's After-Sales Service.

In any case, the Seller cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in the country of receipt, the Seller's liability is systematically limited to the value of the Article in question, value on its date of sale and this without any possibility of recourse against the brand or the company producing the product. All complaints, requests for exchange or refund must be made by post to the following address: ROBSHOP, 62 chemin des Agrumes, 97490 Sainte Clotilde, within thirty days of delivery.

Article 11 – Liability of the Seller

The Seller declines all responsibility in the event of defects in use or maintenance of the Goods.

The Customer must comply with the instructions given on the packaging of the Goods.

Furthermore, no advice or information, whether oral or written, obtained by the Customer from the Seller or when using the Site, is likely to create guarantees not expressly provided for herein.

Article 12 – Intellectual property rights

All figurative or non-figurative trademarks and more generally all other trademarks, illustrations, images and logos appearing on the Goods, their accessories and their packaging, whether registered or not, are and will remain the exclusive property of the Seller. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of the Seller, is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logo and more generally any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model and patent which are the property of the Seller.

Article 13 – Data confidentiality

The information requested from the Customer is necessary for processing the Order.

The Client is informed that this automated processing of information has been declared to the National Commission for Information Technology and Civil Liberties (CNIL).

In the event that the Customer agrees to communicate individual personal data, he has an individual right to access, withdraw and rectify this data under the conditions provided for by law n° 78-17 of January 6, 1978 relating to information technology, files and freedoms. The Customer must send any written request either by post to the following address: ROBSHOP 62 chemin des Agrumes, 97490 Sainte Clotilde, or by email to the following address: contact@robshop.fr

For security reasons and to avoid any fraudulent request, this request must be accompanied by proof of identity. After processing the request, this proof will be destroyed.

When creating a customer account on the Site, the Customer will have the option to choose whether they wish to receive offers from the Seller and its partners.

Article 14 – Force majeure

The Seller shall not be held liable for any interruption in the operation of the Site due to unforeseen circumstances or reasons beyond its control, including, but not limited to: natural disasters, such as fires, floods, earthquakes, hurricanes, tropical storms or others; war, insurrection, arson, embargoes, acts of civil or military authorities, or terrorism; fiber optic outages, strikes, or shortages of transportation, infrastructure, fuel, energy, labor or materials; failure of infrastructure providing telecommunications and information services; hacking, spamming, or any failure of a computer, server or software.

Article 15 – Rules of Internet use

The Customer declares that he accepts the characteristics and limits of the Internet and in particular recognizes:

- that he is solely responsible for the use he makes of the information. Consequently, the Seller may not be held, due to an express or tacit obligation, as civilly liable to the Customer for any direct or indirect damages arising from the use of said information;

- that he is aware of the nature of the Internet, in particular its technical performance and response times for consulting, querying or transferring information;

- that the communication by the Client of his personal identification details or, in general, of any information deemed by the Client to be confidential is made under his own responsibility;

- that it is the Client's responsibility to take all necessary measures to ensure that the technical characteristics of his computer allow him to consult the information;

- that it is the Client's responsibility to take all appropriate measures to protect its own data and/or software from contamination by any viruses circulating through the Website.

Article 16 – Convention on proof

The Customer acknowledges that the recordings and backups (including any connection data) made on the Site (hereinafter the “Electronic Documents”) will have full evidentiary value between the Customer and the Seller. Thus, the Electronic Documents (including their date and time) will be authentic between the parties to any dispute.

The Customer acknowledges, in its contractual relations with the Seller, the validity and probative force of electronic mail. Similarly, the statements of orders, amounts paid, discount vouchers, purchase vouchers and other loyalty cards by the Customer, as well as their reproductions on microfiche, optical or magnetic disks, kept by the Seller, are enforceable against the Customer as evidence.

Article 17 – Nullity of a clause

If any provision of this Agreement is declared invalid, such invalidity shall not entail the invalidity of the other provisions of the Agreement, which shall remain in force between the Parties.

Article 18 – Modification of the Contract

Any amendment, termination or waiver of any of the clauses of this Agreement will only be valid after written agreement signed between the Parties.

Article 19 – Non-waiver

The fact that one of the Parties does not avail itself of a commitment by the other Party to any of the obligations referred to herein may not be interpreted for the future as a waiver of the obligation in question.

Article 20 – Complaints and amicable settlement of disputes

Under Article L. 612-1 of the Consumer Code: “Every consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional”.

Disputes falling within the scope of Article L. 612-1 of the Consumer Code are disputes defined in Article L. 611-1 of the Consumer Code, namely disputes of a contractual nature, relating to the execution of a contract of sale or provision of services, between a consumer and a professional. The text covers national disputes and cross-border disputes.

For any difficulty, we invite you to contact us beforehand or to contact our after-sales service: ROBSHOP 62 chemin des Agrumes, 97490 Sainte Clotilde.

Only complaints relating to the Online Sale of Items will be taken into account.

Within one year of the Customer's request to the Seller's services, in application of article R. 616-1 of the Consumer Code, the Customer may have his request examined by a mediator whose contact details will be provided to you upon request, knowing that a dispute may only be examined, except in exceptional circumstances, by a single mediator.

Article 21 – Applicable law

This Agreement shall be governed by French law.

Article 22 – Attribution of jurisdiction

Any disputes relating to the validity, interpretation and/or execution of these General Conditions of Sale must be brought, even in the event of multiple defendants or a third-party claim, before the French courts.