Article: Products of any kind offered for sale on the Site.
Customer: non-trading physical person with full legal capacity, realizing the Order.
Order: purchase commitment Article or all of the items selected by the Customer via the Site.
Site: Web site published by HENICO at www.drapeau-noir.fr.
These terms and conditions of use and sale, hereafter “CGUV” apply exclusively, without reservations or restrictions, any order between any Client and HENICO company with registered office at 320, rue Saint-Honoré 75001 PARIS, registered with the Register of Commerce and Companies of Paris under number 523 076 883, hereinafter “Drapeau Noir”.
Validation of an Order of the effective control procedure on the Site constitutes acceptance of tariffs and CGUV.
These CGUV prevail over any other document.
The items available for sale are those listed on the website within the limits of available stocks. The offers are valid until they are visible on the website and the Customer may add to their shopping cart Article. Drapeau Noir reserves the right to withdraw from the sale, at any time and without notice, any article present on the Site and / or to replace or modify any information associated with the items on this Site.
In the event of the unavailability of an article after placing the order, the customer is notified by email, the order is automatically canceled.
The characteristics of the items (photographs, graphics, descriptions of items, etc …) are approximate and may vary over time. Only the eye of the Article that appears at the time of the Order must be taken into account by the Client. The features and visuals are non contractual.
In case of errors or omissions in the description of an article, the responsibility of Drapeau Noir is limited to reimbursement of removal costs standard (rate Post) of Article incurred by the Client.
The Customer declares be at least 18 and have legal capacity, or is a minor, warrants that holds parental permission to perform his control. To make an Order, the Customer must complete the online purchase process and click on “Order” to submit the Order. The validation of the Order by the Customer is confirmation of acceptance of CGUV, the content of the Order, its price and associated costs.
Any Order is subject to the prior acceptance of Drapeau Noir and is definitively confirmed only after the receipt by the Client a confirmation email.
Prices are listed on the site in euros, all taxes included (VAT), excluding the cost of handling and shipping costs. They take account of VAT and any discounts applicable on the date of the Order.
Product prices are exclusive of delivery charges (freight and packaging making the package according to current amounts).
The amount of shipping costs is specified on the Site before validation of the Order.
Drapeau Noir reserves the right to change prices for products at any time, the items being billed based on rates in effect at the time of the validation of each Order. The price of items is charged that indicated in the Order. Regarding sales outside the European Union, it is expressly stated that clearance fees, payment of various fees or taxes are the responsibility of the Customer.
The Order is payable immediately by credit card (Visa, MasterCard, American Express).
Regarding sales outside the European Union, it is recalled that clearance fees, payment of various fees or taxes are the responsibility of the Customer. Transactions on the site are secure for entering payment data: card number, expiry date and security code.
The Customer will receive by email an order number confirming its good management and will be informed of the various stages of his Order by email (to the email address filled in by the latter). The ordered items will be delivered within a period defined in the finalization of the order, but can not exceed thirty days from the registration of the order, subject to full payment. The customer is offered several delivery methods chosen by the Customer and the Customer’s expense. Port costs for France are offered for all Order over 250 euros, provided that the ordered items will not be the subject of a return bringing the total order below 250 euros. Conventional shipping charges will be applied and charged to the Client. The Customer is informed that it is for it to provide the necessary details to the proper delivery of an Order (for example, Access Code).
If the Customer informed by delivery address is not valid and thus induces a return of the parcel for non-receipt to the address indicated, the packages of return postage to the new address will be forwarded to the Customer. A delivery is included in the package, listing the items ordered and actually delivered. The Client assumes entirely and exclusively risks relating to the items after delivery.
The items are delivered to the shipping address provided by the Customer when the Order no later than the date specified in the order and depending on the country of delivery. Each delivery is done as soon availability of the package with the Client, including by the carrier, materialized by the control system used by the carrier. Black Flag can not be responsible for late delivery due to a Customer’s unavailability after several proposals for appointment by the carrier.
In case of delivery of an article that does not correspond to the Customer’s Order, the Customer may return the said Article with Drapeau Noir by following the procedure set out below. The Customer has the right to cancel the order at any time within 14 calendar days following the date on which it received the goods and without having to give reasons or pay penalties. At the time of this, the sale is considered firm and therefore final. If the Client wishes to exercise his right of withdrawal, he should contact customer service at firstname.lastname@example.org and follow the instructions given. No returns will be accepted without the customer service has been contacted previously and that a return agreement was formulated.
After acceptance of the return by Drapeau Noir, the Customer must proceed with shipping or the item (s) within seven calendar days following the date of acceptance. Or the items must be returned properly protected in their original packaging (a carefully opened package will not be considered damaged packaging) and in perfect condition for resale (not damaged, not damaged, not used, soiled or washed by the Client). The article must be returned to Drapeau Noir by the Customer in his condition, presentation and original packing, new and complete, and by means of delivery to ensure its protection and to maintain its perfect condition. Items returned incomplete, damaged or soiled by the Customer are not taken. The return of items takes place at Customer’s expense, the latter assuming the risks. Once completed the verification of returned items, Drapeau Noir will reimburse the customer the full amount paid under its control, including delivery costs (based on the standard delivery rate), in soon as possible and at the latest within thirty (30) calendar days from the date of receipt of the return package.
In accordance with legal provisions, the Customer benefits from the legal guarantee of conformity against defects in conformity existing upon delivery and the legal guarantee against hidden defects or defects in the products sold. The Customer must notify the carrier and Prejudice Drapeau Noir on the Products delivered. Any complaint about the products, especially in case of defective product, damaged, non-conforming or apparent defects must be notified by the Customer to Drapeau Noir promptly by email using the information on the Site, specifying or product(s) concerned, the nature and type of defect. It is the Customer to provide any substantiating proof of the reality of the defect.Drapeau Noir may request one or more photos of the Product. In case of return accepted byDrapeau Noir, including cases of non-compliance, the customer has the choice of repairing the article if it is possible, repayment or replacement of the article with an equivalent article proposed by Drapeau Noir. Under the provisions of the Consumer Code, Drapeau Noir will not proceed according to the choice of the Client (repair or replacement) if this choice involves a manifestly disproportionate cost in relation to the other terms, given the value of the Product or the importance of the defect. If repair and replacement are impossible, the Client can make the product and get refund the price or keep the product and get to some of the price. Responsibility for Drapeau Noir and warranty are excluded under warranty from the use of the article by the Customer and in particular abnormal use, poor maintenance or failure to comply with maintenance requirements.
Reminder of the applicable legal provisions:
Art. L. 211-4 of the Consumer Code: “The seller must deliver goods in conformity with the contract and liable for defects of conformity existing upon delivery. It also answers the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or was carried out under his responsibility. ”
Art. L. 211-5 of the Consumer Code: “To comply with the contract, the product must: 1. Be suitable for the purpose usually associated with such a product and, where appropriate: a) correspond to the description given by the seller and possess the qualities that he has presented to the Client as a sample or model; b) The features that a client can reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling. 2. Or have the features defined by mutual agreement by the parties or be suitable for any special requirement of the customer, made known to the seller and which the latter agreed. ”
Art. L. 211-7 of the Consumer Code: “The lack of conformity which becomes apparent within six months from delivery of the goods are presumed to have existed at the time of delivery, unless proved otherwise. The seller can combat this presumption if it is not compatible with the nature of the good or the defect invoked compliance. ”
Art. L. 211-7 of the Consumer Code: “If the repair and replacement, are impossible, the buyer can make good and get refund the price or keep the good and get to some of the price. The same option is open to him:
1. If the requested solution, proposed or agreed under article L. 211-9 of the can be implemented within the period of one month following the claim by the buyer;
2. Or if that solution can not be without great inconvenience to it given the nature of the property and use that research. The resolution of the sale can not however be imposed if the lack of conformity is minor. ”
Art. L. 211-12. of the Consumer Code: “Action resulting from lack of conformity lapses two years after delivery of the goods. ”
Art. 1641 of the Civil Code: “The seller must guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use that the customer would not have acquired, or would have paid a lower price if he had known.”
Art. 1648 paragraph 1 of the Civil Code: “The action resulting from latent defects must be brought by the purchaser within two years after discovery of the defect. ”
Customer acknowledges and agrees that the registration systems of the Order make proof of all transactions between Drapeau Noir and the Customer.
Drapeau Noir reserves the right to modify at any time without notice the information on the Site.
Drapeau Noir undertakes to describe with great accuracy the products sold on the Site and to ensure the best possible conditions the update of the information disseminated there. However, Drapeau Noir can not guarantee the accuracy, precision or completeness of the information made available to customers on the Website. In case of no substantial differences between the photographs of presentation of the items on the Site, text and illustrations and the items ordered, Drapeau Noir’s responsibility will not be committed.
Responsibility for Drapeau Noir will not be retained in case of breach of any of its contractual obligations resulting from a fortuitous event or force majeure as defined by case law rendered by the French courts.
Including Drapeau Noir will not be liable for any failure or delay in the execution of orders caused by events beyond its control (“Force Majeure Event”).
The Site and its elements, such as including photographs, video and texts, are intellectual works protected by the Code of intellectual property. No reproduction, copy, imitation, modification, adaptation or public representation, even partial, is prohibited and constitutes an infringement. Any creation of hypertext links to the home page of the Site, or any other page of the Site is strictly prohibited and subject to the prior written consent of Drapeau Noir.
Except third parties whose intervention is required to process and execution of Orders, Drapeau Noir is committed not to communicate to third parties the personal data concerning the Customer without prior authorization. The Customer has a right to access, modify, rectify and delete personal data concerning him which he can exercise by writing to the following address: email@example.com.
Drapeau Noir reserves the right to modify at any time these CGUV. New CGUV will, where appropriate, notified to the Customer by online modification and will apply only to sales made after the modification.
These CGUV are subject to French law. Any dispute subject to the exclusive jurisdiction of French courts of the place of domicile of the Customer, in the absence of prior amicable agreement between the Customer and Drapeau Noir.
If any provision of these CGUV were to be declared invalid pursuant to a law, regulation or following a final court decision, other provisions shall remain in full force and effect.
No silent or delay, no tolerance or inaction of Drapeau Noir can only be interpreted as a waiver of rights under CGUV.
LEGAL INFORMATION REQUIRED
It is recalled that the secrecy of correspondence is not guaranteed on the Internet network and that each Internet user to take all appropriate measures to protect their own data and / or software from contamination of viruses circulating on the Internet.
1. PERSONAL DATA
All your account information is only used as part of your business relationship with Drapeau Noir. This information is never shared with third parties or sold. The banking information concerning you is never in our possession. Transactions are handled entirely by STRIPE.
In accordance with Law No. 78-17 of 6 January 1978 relating to computers, files and freedoms, the website has been declared to the CNIL (Commission Nationale Informatique et Libertés)
Company name: HENICO
Legal form: Limited liability company. RCS number 523 076 883.
Publishing Director: Nicolas Barbier in his capacity as legal representative of the company HENICO
This site is hosted by OVH