Terms of sale
Preamble
These General Terms and Conditions of Sale (hereinafter "General Terms and Conditions of Sale" or "GTC"), accessible on the website www.rampal-latour.fr (hereinafter the "Site"), apply, without restriction or reservation, to the entirety of the relationship between any natural person aged at least 18 acting for purposes which fall outside their trade, business, craft, professional or agricultural activity (hereinafter the "Customer") who wishes to purchase products offered for sale on the Site, and the company RAMPAL PATOU, a French limited liability company (SARL) with capital of €1,500,000, registered with the Trade and Companies Register of Salon de Provence under number 453 810 756, whose intra-Community VAT number is FR32453810756 and whose Unique Identification Number (IDU) is FR211396_01EHTN, located at 201 Impasse Gaspard Monge – 13300 Salon de Provence, email: bel@rampal-latour.fr (hereinafter "RAMPAL LATOUR").
These GTC are primarily intended to set out the conditions of sale for the products offered by RAMPAL LATOUR (hereinafter "Product(s)") and ordered from RAMPAL LATOUR via the Site.
They may be printed and retained by the Customer. Accordingly, the fact of ordering a Product offered for sale on the website www.rampal-latour.fr constitutes full and unreserved acceptance of these General Terms and Conditions of Sale, which the Customer acknowledges having read prior to placing their order.
You have the option to register free of charge on the BLOCTEL telephone canvassing opt-out list ( www.bloctel.gouv.fr ) so as to no longer be contacted by telephone by a business with which you have no ongoing contractual relationship, in accordance with French Law No. 2014-344 of 17 March 2014 on consumer affairs.
Any consumer may register free of charge on this list at https://conso.bloctel.fr/index.php/inscription.php .
- User commitment – Acceptance of the General Terms and Conditions
- Customer
- Products
- Prices
- Product availability
- Online reviews
- Delivery
- Right of withdrawal
- Payment
- Proof and archiving
- Transfer of ownership
- Customer Service
- Warranties
- Liability
- Force majeure
- Personal data
- Amendment of these General Terms and Conditions of Sale
- Validity of the General Terms and Conditions
- Intellectual property
- Jurisdiction and applicable law
Appendix 1 – Withdrawal policy
1. User commitment – Acceptance of the General Terms and Conditions of Sale
Any order placed via this website implies immediate and unreserved acceptance of these General Terms and Conditions of Sale, as well as the pricing terms which form an integral part thereof; when placing your order by clicking the "confirm" button, you declare that you accept them.
These General Terms and Conditions of Sale set out the rights and obligations of the company Rampal Latour and its Customers; they apply, without restriction or reservation, to all sales of Products offered by Rampal Latour and concluded solely via the website www.rampal-latour.fr. This offer is reserved for adult private individuals with the necessary legal capacity to enter into a contract, i.e. natural persons acting in no case in a professional capacity.
RAMPAL LATOUR advises the Customer to read the GTC on each new order, as the latest version of these General Terms and Conditions of Sale applies to any new order of Products.
The Customer is invited to carefully read, download and print these GTC, and to retain a copy.
2. Customer
Rampal Latour offers its Products for sale on the website www.rampal-latour.fr to consumer Customers who have the legal capacity required to place an order. Rampal Latour cannot be held responsible for verifying the legal capacity of each Customer.
Accordingly, every Customer warrants that they qualify as a consumer as defined by French law and case law. In this respect, it is expressly stipulated that the Customer is acting outside the scope of any habitual or commercial activity.
3. Products
3.1. Product characteristics
The Products sold by RAMPAL LATOUR on the Site comply with current European Union and French regulations. The Products are described as precisely as possible in the materials made available to Customers.
The Customer undertakes to read this information carefully before placing an order on the Site.
The photographs used to present the Products have no contractual value.
The Products offered for sale on this website at www.rampal-latour.fr constitute Rampal Latour's offer. Rampal Latour reserves the right to modify its collection at any time and to change the list and ranges of Products.
Rampal Latour reminds its Customers that Rampal Latour Products must be kept away from moisture, excessive temperatures or excessive light, and may be subject to an expiry date.
3.2. Ordering procedure
Having carefully read all the essential characteristics of the Products sold by RAMPAL LATOUR and these GTC, the Customer is invited to select and specify the Product(s) they wish to order (reference number, colour, etc.) as well as the delivery terms for the products (timeframes, method, price, etc.) among any options offered, to provide all information necessary for fulfilling their order (contact details, delivery address, etc.), and then to pay for their order using one of the payment methods offered. For a single purchase, the Customer is limited to a maximum of 6 items per reference. For Products for which options are available, these specific references appear once the correct options have been selected.
A confirmation message summarising the essential characteristics of the order and containing (or allowing the Customer to download or print) the GTC is then sent to the Customer (failing which, the Customer is invited to contact RAMPAL LATOUR's customer service department).
RAMPAL LATOUR reserves the right to refuse any order, provided it can justify legitimate grounds for doing so, in particular where the quantities purchased are abnormally high for a consumer or in the event of a dispute concerning payment for an order.
3.3. Invoicing
During the ordering process, the Customer must enter the information required for invoicing (the (*) symbol indicates mandatory fields that must be completed for the Customer's order to be processed by RAMPAL LATOUR).
The Customer must in particular clearly indicate all information relating to delivery, in particular the exact delivery address and any access code for that address.
The Customer must also specify the chosen payment method.
Neither the order form completed online by the Customer, nor the order acknowledgement sent by the Seller to the Customer by email, constitutes an invoice. Regardless of the ordering or payment method used, the Customer will receive the original invoice upon delivery of the Products, inside the parcel.
3.4. Order date
The order date is the date on which RAMPAL LATOUR acknowledges online receipt of the order. The timeframes indicated on the Site only begin to run from this date.
4. Prices
For all Products, the Customer will find prices displayed on the Site in euros, inclusive of all taxes.
These prices do not include shipping costs, which are charged in addition to the price of the Products purchased, according to the terms defined below and as indicated to the Customer before the order is confirmed. Prices include value added tax applicable on the day of the order.
The sale price of the Products indicated in euros is the price in effect at the time the order is placed.
The offers presented by Rampal Latour are valid for as long as they are advertised on the Site.
Rampal Latour reserves the right to modify its prices at any time, it being understood, however, that the price shown in the catalogue on the day the order is placed will be the only price applicable to the Customer.
RAMPAL LATOUR may organise various promotional operations, in particular in the form of price reduction announcements or price comparisons. The reference price used by RAMPAL LATOUR will be specified at the time of the announcement.
The prices indicated are valid, except in the case of an obvious error.
5. Product availability
RAMPAL LATOUR undertakes to deliver the Product on the date or within the timeframe indicated to the Customer, unless the Parties have agreed otherwise.
The unavailability of a Product is indicated on the Site, on the relevant Product's description page. Customers may also be informed by RAMPAL LATOUR when a Product is restocked.
In any event, if unavailability was not indicated at the time of ordering, RAMPAL LATOUR undertakes to inform the Customer by email without delay if the Product is unavailable.
Should a Product be unavailable, RAMPAL LATOUR may offer an alternative Product of equivalent quality and price.
If the Customer decides to cancel their order for unavailable Products, they will receive a refund of all sums paid for the unavailable Products no later than thirty (30) days after payment.
6. Online reviews
Any Customer may leave an online review or comment on the Products on the Site.
Within 14 days of purchasing Products on the Site, the Customer will receive an email from RAMPAL LATOUR inviting them to share their purchasing experience.
This review will be published and accessible on the Site's homepage.
As part of the publication of online reviews on the Site, RAMPAL LATOUR expressly undertakes hereby to provide users with fair, clear and transparent information about the terms of publication and processing of the reviews posted online. In this respect, RAMPAL LATOUR undertakes in particular to display the date of the review and any subsequent updates.
In this respect, it is specified that RAMPAL LATOUR moderates reviews under the following conditions:
In the event that reviews are checked, RAMPAL LATOUR undertakes to ensure that any personal data processing carried out in this context complies with French Law No. 78-17 of 6 January 1978 on information technology, data files and civil liberties, as amended, and with the GDPR.
No consideration is provided by RAMPAL LATOUR in exchange for a Customer posting a review.
The maximum period for publishing a review is 3 days.
The maximum period for retaining a review on the Site is X days.
Finally, RAMPAL LATOUR provides a free feature allowing any Customer to report a problem with a review, by sending an email to bel@rampal-latour.fr
Accordingly, any Customer wishing to write to RAMPAL LATOUR about a particular comment will be invited to write to this address bel@rampal-latour.fr providing the precise reference details of the review concerned.
After the fact, and in the event of a relevant report, RAMPAL LATOUR undertakes to remove a review only to the extent that it:
- Does not comply with these General Terms and Conditions of Sale;
- Contains abusive, defamatory, racist or unlawful content.
7 Delivery
7.1. Place of delivery
Rampal Latour delivers Product parcels to mainland France (including Corsica and Monaco), as well as to countries in ZONE A (Europe).
Products will be sent to the delivery address provided by the Customer during the order process.
During the order process, RAMPAL LATOUR indicates to the Customer the possible delivery times and shipping methods for the Products purchased.
Delivery fees are quoted inclusive of all taxes.
Products will be packaged in accordance with current transport standards to ensure maximum protection during delivery.
7.2. Product delivery times
The maximum delivery time for France (zone 1) is 4 (four) working days from confirmation of the order.
The maximum delivery time for ZONE A countries is 5 working days from confirmation of the order.
These timeframes apply from the moment you place your order before 12:00 noon, for an item in stock, and provided payment is made by credit card.
However, it is expressly stated that these timeframes are given for information purposes only and shall not be binding on RAMPAL LATOUR.
7.3. Product delivery terms
LA POSTE: COLISSIMO WITHOUT SIGNATURE
Delivery fees depend on the weight of your parcel. The parcel weight may not exceed 30 kg.
The recipient can track their parcel using the tracking number received by email or, failing that, through Customer Service.
The parcel is delivered directly to the letterbox at the delivery address.
Where the letterbox is too small, the parcel is delivered either to the recipient of the order, or, failing that, at La Poste's discretion, to any other person present at the address who agrees to accept delivery (a neighbour, caretaker or concierge). In this case, that person's details will be indicated on a notice left in the letterbox at the address provided.
Where the parcel could not be delivered under the terms set out above, a holding notice will be left by La Poste in the recipient's letterbox, indicating the details of the Post Office branch where the recipient can collect the parcel within 14 days.
If the recipient does not collect their parcel within the timeframe indicated by the postal services, it will be returned to our warehouse and delivery fees will be charged to the Customer. The Products will either be refunded or reshipped.
In the event of a dispute relating to the delivery itself, La Poste's computer tracking system (scan records) shall be considered valid unless proven otherwise by the Customer.
LA POSTE: COLISSIMO WITH SIGNATURE
Delivery fees depend on the weight of your parcel. The parcel weight may not exceed 30 kg.
The recipient can track their parcel using the tracking number received by email or, failing that, through Customer Service.
The parcel must be delivered directly to the recipient or to any person present at the indicated address who is able to sign for it.
In the event of absence, a delivery notice will be left in the letterbox. The courier will attempt delivery again the following day. If, on the second attempt, no one is present, the parcel must be collected from the nearest Post Office branch (still against signature) within 14 days of the date shown on the delivery notice.
If the recipient does not collect their parcel within the timeframe indicated by the postal services, it will be returned to our warehouse and delivery fees will be charged to the Customer. The Products will either be refunded or reshipped.
In the event of a dispute relating to the delivery itself, La Poste's computer tracking system (scan records) shall be considered valid unless proven otherwise by the Customer.
COLLECTION POINTS
Delivery fees are free of charge for any order equal to or greater than €69 to mainland France, Belgium, and Luxembourg. DPD Pickup for France.
Delivery fees depend on the weight of your parcel. The parcel weight may not exceed 20 kg. This rate applies to delivery within mainland France only (including Corsica and Monaco).
The recipient can track their parcel using the tracking number received by email or, failing that, through Customer Service.
Once the parcel has been prepared by us, it will be delivered to the collection point within 48 hours, and the recipient will receive notifications by SMS or email. It must be collected within 10 working days.
If the recipient does not collect their parcel within the indicated timeframe, it will be returned to our warehouse and delivery fees will be charged to the Customer. The Products will either be refunded or reshipped.
In the event of a dispute relating to the delivery itself, DPD's computer tracking system (scan records) shall be considered valid unless proven otherwise by the Customer.
Colissimo for Europe.
Delivery fees depend on the weight of your parcel. The parcel weight may not exceed 20 kg. This rate applies to delivery within Zone A (Europe) only.
The recipient can track their parcel using the tracking number received by email or, failing that, through Customer Service.
Once the parcel has been prepared by us, it will be delivered within an indicative timeframe of 72 hours, and the recipient will be informed by SMS and email of its availability. It must then be collected within 10 working days.
If the recipient does not collect their parcel within the timeframe indicated by the postal services, it will be returned to our warehouse and delivery fees will be charged to the Customer. The Products will either be refunded or reshipped.
In the event of a dispute relating to the delivery itself, La Poste's computer tracking system (scan records) shall be considered valid unless proven otherwise by the Customer.
7.4. Upon delivery
You must check that the delivered goods are in good condition upon arrival of the parcel and before signing the delivery service provider's receipt. If the delivered items are damaged or missing, you must refuse the parcel and note a reservation on the delivery note.
RAMPAL LATOUR is responsible for the Product until it is delivered to the Customer. Please note that the Customer has a period of three (3) days to notify the carrier of any damage or partial loss observed upon delivery.
7.5. Delivery delays for Products
Please note that deliveries are made within a maximum of thirty (30) days. Failing this, the Customer must give RAMPAL LATOUR formal notice to deliver within a reasonable timeframe.
To do so, the Customer may send an email to bel@rampal-latour.fr or a registered letter with acknowledgment of receipt to the following address: RAMPAL LATOUR – Customer Services – 201 Impasse Gaspard Monge – ZAC de la Crau – 13300 Salon de Provence.
In the event of non-delivery within this timeframe, the Customer may terminate the contract.
No later than fourteen (14) days from the termination of these GTC, RAMPAL LATOUR will refund the Customer the total amount paid for the Products, including taxes and delivery fees, using the same payment method as that used by the Customer to purchase the Products.
8. Right of withdrawal
The terms of the right of withdrawal are set out in the "withdrawal policy", available in Appendix 1 hereto.
9. Payment
9.1. Payment methods
For purchases of Products on the website www.rampal-latour.fr, the Customer may pay for their Products using the methods offered by RAMPAL LATOUR, namely:
- By bank card (secure payment and 3DS Secure). In the case of a single payment by credit card, the Customer's account will be debited as soon as the order for Products is placed on the Site.
- Via the secure PayPal payment system, whose general terms and conditions are accessible at the following address: https://www.paypal.com/fr/webapps/mpp/ua/legalhub-full?locale.x=fr_FR
- Via Amazon Pay, whose general terms and conditions are accessible at the following address: https://pay.amazon.fr/help/201751590
- By cheque made payable to RAMPAL LATOUR. Any cheque must be issued by a bank domiciled in mainland France and a copy of the payer's identity document must be enclosed. In the case of payment by cheque, the order for Products is placed on hold pending receipt of the cheque and processed upon receipt.
9.2. Security
We never have access to your confidential banking details at any time.
To secure payments, Rampal Latour has chosen the online payment module offered by either PAYBOX or HIPAY, based on the use of the SSL protocol, which ensures the encrypted transmission of your personal information relating to the transaction.
Rampal Latour reserves the right to suspend or cancel any order and/or delivery in the event of non-payment by the Customer, a payment incident, and/or fraud in the use of the site or the payment method chosen by the Customer.
9.3. Transaction verification
As part of its order verification service, Rampal Latour may contact the Customer by any means, with a view to validating a transaction, and may, where applicable, request any supporting documents deemed useful (relating to identity, and/or home address, and/or the payment method used). The Customer must provide the requested supporting documents within 15 working days of receiving Rampal Latour's request.
The Customer is informed that any delay, failure or refusal to provide the requested supporting documents will result in the order being cancelled by Rampal Latour.
Upon receipt of the supporting documents and confirmation of the order by Rampal Latour, the time taken to provide the requested documents will correspondingly delay the delivery of the ordered Product(s).
9.4. Late or refused payment
If the bank refuses to debit a card or other payment method, the Customer must contact RAMPAL LATOUR's Customer Service to pay for the order using another valid payment method.
Should it prove impossible, for whatever reason (dispute, refusal or otherwise), to transmit the funds owed by the Customer, the order will be cancelled and the sale automatically terminated.
10. Proof and archiving
Any contract concluded with the Customer corresponding to an order for an amount exceeding €120 inclusive of all taxes will be archived by RAMPAL LATOUR for a period of ten (10) years in accordance with Article L.213-1 of the French Consumer Code.
RAMPAL LATOUR agrees to archive this information in order to track transactions and to provide a copy of the contract at the Customer's request.
In the event of a dispute, RAMPAL LATOUR will be able to prove that its electronic tracking system is reliable and guarantees the integrity of the transaction.
11. Transfer of ownership
Rampal Latour retains ownership of the delivered Products until the price has been paid in full.
These provisions do not prevent the transfer to the Customer, at the time of receipt by them or by a third party designated by them other than the carrier, of the risks of loss or damage to the Products subject to the retention of title, as well as the risks of any damage they may cause.
12. Customer Service
The Site's customer service is available Monday to Friday from 8:30am to 1:00pm and from 2:00pm to 5:00pm:
- by email at the following address: bel@rampal-latour.fr
- or by post to the following address:
Savonnerie Rampal Latour
CUSTOMER SERVICE
ZAC de la Crau - 201 Impasse Gaspard Monge
13300 Salon de Provence
In these last two cases, Rampal Latour undertakes to respond within 2 working days (excluding postal delivery time).
13. Warranties
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The consumer has a period of two (2) years from delivery of the goods to invoke the legal warranty of conformity in the event of a lack of conformity existing at the time of delivery of the goods. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared (this period is twelve (12) months for second-hand goods). The legal warranty of conformity entitles the consumer to have the goods repaired or replaced within thirty (30) days of their request, free of charge and without major inconvenience to them. If the goods are repaired under the legal warranty of conformity, the consumer benefits from a six (6) month extension of the original warranty. If the consumer requests repair of the goods but the seller imposes replacement instead, the legal warranty of conformity is renewed for a period of two (2) years from the date of replacement of the goods. The consumer may obtain a reduction in the purchase price while keeping the goods, or terminate the contract and obtain a full refund in exchange for returning the goods, if: 1° The trader refuses to repair or replace the goods; 2° The repair or replacement of the goods takes place after a period of thirty (30) days; 3° The repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer permanently bears the costs of collecting or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods; 4° The lack of conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity. The consumer is also entitled to a reduction in the price of the goods or termination of the contract where the lack of conformity is so serious as to justify an immediate price reduction or termination of the contract. In such cases, the consumer is not required to first request repair or replacement of the goods. The consumer is not entitled to terminate the sale if the lack of conformity is minor. Any period during which the goods are out of service pending repair or replacement suspends the remainder of the warranty period until the repaired goods are delivered. The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code. A seller who acts in bad faith to obstruct the implementation of the legal warranty of conformity is liable to a civil fine of up to €300,000, which may be increased up to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code). The consumer also benefits from the legal warranty against hidden defects, pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two (2) years from the discovery of the defect. This warranty entitles the consumer to a price reduction if they keep the goods, or a full refund in exchange for returning the goods. |
In the event of non-conformity or a hidden defect in the Product, the Customer must submit their complaint to Rampal Latour's customer service department. When returning a Product, the returned Product must be accompanied by all of its accessories and the purchase invoice, carefully protected, and sent by post at the Customer's own risk, to the address indicated below within the standard withdrawal form.
These warranties may be exercised at no cost to the Customer, in accordance with Article L.217-11 of the French Consumer Code, provided that the Customer is entitled to claim the benefit of these warranties.
14. Liability
Except where otherwise provided by mandatory statutory provisions, RAMPAL LATOUR shall not be held liable for any indirect damage caused by its actions or by the Products sold, nor for any damage of any kind resulting from the impossibility of placing an order or the unavailability of an ordered Product.
RAMPAL LATOUR's liability shall in no event be engaged in the event of non-performance or improper performance of contractual obligations attributable to the Customer, in particular when entering their order.
RAMPAL LATOUR shall not be held liable, nor deemed to be in breach of these terms, for any delay or non-performance where the cause of such delay or non-performance is linked to a case of force majeure as defined below.
It is further specified that RAMPAL LATOUR does not control websites that are directly or indirectly linked to the Site. Accordingly, it excludes all liability for information published on such sites. Links to third-party websites are provided for information purposes only, and no guarantee is given as to their content.
15. Force majeure
RAMPAL LATOUR's liability cannot be invoked if the non-performance or delay in performance of any of its obligations described in these GTC results from a case of force majeure.
In contractual matters, force majeure occurs when an event beyond the debtor's control, which could not reasonably have been foreseen at the time the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing their obligation. In addition, the parties acknowledge that the following events will automatically be treated as cases of force majeure provided they are reasonably beyond RAMPAL LATOUR's control, even where they do not meet all the conditions established by case law: strikes (announced or otherwise) affecting the performance by RAMPAL LATOUR and/or its own suppliers of their contractual obligations, contractual non-performance by RAMPAL LATOUR resulting from the actions of its suppliers (supplier delivery delays, etc.) or its carriers (delays, loss of goods, etc.), lock-outs, difficult weather conditions (frost, bad weather, etc.), as well as any event beyond RAMPAL LATOUR's control that makes it impossible or calls into question the financial balance existing on the day the order was placed.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is permanent, the contract is automatically terminated and the parties are released from their obligations under the conditions set out in Articles 1351 and 1351-1 of the French Civil Code.
In this respect, RAMPAL LATOUR's liability cannot be invoked in particular in the event of hacker attacks, unavailability of equipment, supplies, spare parts, personal equipment or otherwise, interruption of electronic communication networks, or the occurrence of any circumstance or event beyond RAMPAL LATOUR's control occurring after the conclusion of the GTC and preventing performance under normal conditions.
It is specified that, in such a situation, the Customer may not claim any compensation and may not take any action against RAMPAL LATOUR.
Should any of the above-mentioned events occur, RAMPAL LATOUR will endeavour to inform the Customer as soon as possible.
16. Personal data
RAMPAL LATOUR collects personal data concerning its Customers on the Site, including through the use of cookies. Customers may disable cookies by following the instructions provided by their browser.
The data collected by RAMPAL LATOUR is used to process orders placed on the Site, manage the Customer's account, analyse orders, and, if the Customer has expressly chosen this option, send them marketing communications, newsletters, promotional offers and/or information about special sales, unless the Customer no longer wishes to receive such communications from RAMPAL LATOUR.
Customer data is kept confidential by RAMPAL LATOUR for the purposes of the contract, its performance, and in compliance with the law, for a period of 3 years from the end of the business relationship if you are a customer, or from your last contact if you are not yet a customer.
Customers may unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each email offer received.
Data may be disclosed, in whole or in part, to RAMPAL LATOUR's service providers involved in the order process. For commercial purposes, RAMPAL LATOUR may transfer the names and contact details of its Customers to its business partners, provided that the Customers have expressly given their prior consent when registering on the Site.
RAMPAL LATOUR will specifically ask Customers whether they wish for their personal data to be disclosed. Customers may change their mind at any time by contacting RAMPAL LATOUR. RAMPAL LATOUR may also ask its CUSTOMERS whether they wish to receive marketing solicitations from its partners.
In accordance with Law No. 78-17 of 6 January 1978 relating to information technology, data files and civil liberties, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the General Data Protection Regulation known as the GDPR), RAMPAL LATOUR ensures the implementation of data subjects' rights.
It is recalled that the Customer whose personal data is processed benefits from the rights of access, rectification, updating, portability and erasure of information concerning them, as well as a right to restriction of processing, in accordance with articles 49, 50, 51, 53 and 55 of the French Data Protection Act (Loi Informatique et Libertés) and the provisions of articles 15, 16, 17 and 18 of the General Data Protection Regulation (GDPR).
In accordance with the provisions of article 56 of the French Data Protection Act and article 21 of the GDPR, the Customer may also, for legitimate reasons, object to the processing of data concerning them, without providing a reason and free of charge.
The Customer may also determine what happens to their data after their death and choose whether or not RAMPAL LATOUR discloses their data to a third party previously designated by the Customer.
The Customer may exercise these rights by sending an email to: bel@rampal-latour.fr or by sending a letter to Rampal Latour – CUSTOMER SERVICE – Zac de la Crau 201 impasse Gaspard Monge – 13300 SALON DE PROVENCE.
Finally, the Customer may also lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).
17. Amendment of these General Terms and Conditions of Sale
Rampal Latour reserves the right to modify the content or features of these General Terms and Conditions of Sale at any time. Each order constitutes acceptance of the General Terms and Conditions of Sale in the version in effect at the time.
The applicable General Terms and Conditions of Sale are those in effect at the time the order is placed. Amendments made to the GTC will not apply to Products already purchased.
18. Validity of the General Terms and Conditions
If one or more provisions of these General Terms and Conditions of Sale are held to be invalid or declared as such pursuant to a law, a regulation, or a final decision of a competent court, the other provisions shall remain fully valid and effective.
Such an amendment or decision shall in no way authorise Customers to disregard these General Terms and Conditions of Sale.
19. Intellectual Property
Rampal Patou SARL holds all intellectual and industrial property rights relating to the websites and the Rampal Latour brands, or holds the rights of use thereto.
Access to this website confers no rights whatsoever on you in respect of the intellectual property rights relating to the Site, which remain the exclusive property of Rampal Patou SARL.
The overall structure of the Site, as well as the elements accessible on the Site, in particular in the form of text, photographs, animated or still images, icons, maps, sounds, videos, software, databases, data, and all other elements making up the Site, are the exclusive property of Rampal Patou SARL.
You may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of the Site without the prior written authorisation of Rampal Patou SARL. You are informed that this prohibition covers, in particular but not exclusively, practices such as scraping or the use of bots for the purposes of extracting or reproducing any element of the Site, including the Product offers presented therein, in particular for commercial purposes.
You are not authorised to insert into a frame, nor to use framing techniques to insert, a registered trademark, logo, or any other information (including images, text, layout or form) belonging to Rampal Latour without its prior express written consent. You are not authorised to use meta tags or any other "hidden text" using the name or registered trademarks of Rampal-Patou without the prior express written consent of Rampal Patou SARL.
Any exploitation not previously authorised by Rampal Patou SARL, in any capacity whatsoever, of all or part of the Site may give rise to any appropriate action, in particular an infringement action.
The insertion of hyperlinks to any part of the Site is prohibited without the prior written authorisation of Rampal Patou SARL.
Any representation or reproduction, in whole or in part, of the Site and its content, by any process whatsoever, without the prior express authorisation of RAMPAL LATOUR, is prohibited and shall constitute an infringement punishable under Articles L.335-2 et seq. and Articles L.713-1 et seq. of the French Intellectual Property Code.
Acceptance of these GTC constitutes the Customer's acknowledgement of RAMPAL LATOUR's intellectual property rights.
20. Jurisdiction and applicable law
These General Terms and Conditions of Sale, as well as the relationship between the CUSTOMER and RAMPAL LATOUR, are governed by French law.
In the event of a dispute, only the French courts shall have jurisdiction.
However, before bringing any court action, the Customer is invited to contact RAMPAL LATOUR's complaints department.
If no agreement is reached, or if the Customer can demonstrate that they have first attempted to resolve their dispute directly with RAMPAL LATOUR by way of a written complaint, an optional mediation procedure will then be offered, conducted in a spirit of fairness and good faith with a view to reaching an amicable settlement of any dispute relating to this contract, including disputes concerning its validity.
To initiate this mediation, the Customer may contact RAMPAL LATOUR's mediator: the CMAP (Paris Mediation and Arbitration Centre) online mediation service, whose contact details are: CMAP (Consumer Mediation Service) - 39 avenue Franklin D. Roosevelt – 75008 Paris, and which can be contacted via this link: http://www.cmap.fr/
For a referral to the CMAP to be admissible, it must include: your postal, email and telephone contact details, as well as the full name and address of our company, a brief statement of the facts, and proof of the prior steps taken.
In accordance with the rules applicable to mediation, it is recalled that a consumer dispute must first be submitted in writing to RAMPAL LATOUR's Customer Service department before any request for mediation is made to the CMAP.
The party wishing to initiate the mediation process must first inform the other party by registered letter with acknowledgment of receipt, indicating the details of the dispute.
As mediation is not compulsory, the Customer or RAMPAL LATOUR may withdraw from the process at any time.
Should mediation fail or not be considered, any dispute that could have given rise to mediation will be referred to the competent court designated above.
Appendix 1 – Withdrawal policy
Principle of withdrawal
As a general rule, the Customer has the right to withdraw by returning the Product to RAMPAL LATOUR, without giving any reason.
To do so, the Product must be returned no later than fourteen (14) days after notifying the decision to withdraw, unless RAMPAL LATOUR offers to collect the Product itself.
Withdrawal period
The withdrawal period expires fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, physically takes possession of the goods.
Where the Customer has ordered several Products in a single order giving rise to several deliveries (or in the case of an order for a single Product delivered in several batches or parts), the withdrawal period will expire fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, physically takes possession of the last item, batch or part. In the case of an order involving the regular delivery of goods over a specified period, this period expires on the day of taking possession of the first item.
The day on which the order is placed, or the day the goods are received, is not counted within this period. If this period expires on a Saturday, Sunday, public holiday or non-working day, it is extended until the next working day.
Notification of the right of withdrawal
To exercise their right of withdrawal, and in accordance with Article L.221-21 of the French Consumer Code, the Customer must notify their decision to withdraw by means of an unambiguous statement (for example, a letter sent by post, fax or email) to: bel@rampal-latour.fr or 201 Impasse Gaspard Monge – 13300 Salon de Provence.
They may also use the form below:
WITHDRAWAL FORM
For the attention of: RAMPAL LATOUR
RAMPAL LATOUR email address: bel@rampal-latour.fr
I hereby notify you of my withdrawal from the contract for the sale of the Product below:
Product reference____________
Invoice number: _________________
Order number:__________
- Ordered on [____________]/received on [________________]
- Payment method used:
- Name of the Customer and, where applicable, of the recipient of the order:
- Customer's address:
- Delivery address:
- Customer's signature (except in the case of transmission by email)
- Date
For the withdrawal period to be respected, the Customer must send their communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of withdrawal by the Customer, RAMPAL LATOUR undertakes to refund all sums paid, including delivery costs (except for any additional costs arising, where applicable, from the Customer's choice of a delivery method other than the standard delivery method offered by RAMPAL LATOUR), without undue delay and no later than 14 days from the day on which RAMPAL LATOUR was informed of the Customer's decision to withdraw. (Article L.221-24 of the French Consumer Code)
Unless it offers to collect the Products itself, RAMPAL LATOUR may defer the refund until it has received the Products back, or until the Customer has provided proof of shipment of the Products, whichever occurs first.
RAMPAL LATOUR will make the refund using the same payment method as that used by the Customer for the original transaction, unless the Customer expressly agrees to the use of another payment method, and provided that the refund does not incur any costs for the Customer.
Return procedure
In any event, the Customer must return the goods no later than fourteen (14) days after notifying their decision to withdraw from this contract, to: 201 Impasse Gaspard Monge – 13300 Salon de Provence.
This deadline is deemed to have been met if the CUSTOMER sends back the goods before the expiry of the fourteen (14) day period.
Return costs
The Customer shall bear the direct costs of returning the goods.
Where the weight of the Product prevents the Customer from returning it by post, the Customer shall bear the direct costs of returning the goods.
Condition of the returned goods
The Product must be returned in accordance with RAMPAL LATOUR's instructions and must include all accessories supplied.
Where applicable, any promotional gifts sent with the order must also be returned.
The Customer shall only be held liable for any depreciation in the value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the Product. In other words, the Customer is entitled to test the Product, but may be held liable if they carry out handling beyond what is necessary.
Exclusions from the right of withdrawal
The right of withdrawal is excluded for contracts listed in Articles L. 221-2 and L. 221-28 of the French Consumer Code, in particular in the following cases:
- Supply of services fully performed before the end of the withdrawal period and whose performance began after the consumer's prior express agreement and express waiver of their right of withdrawal;
- Supply of goods or services whose price depends on fluctuations in the financial market
- Supply of goods made to the CUSTOMER's specifications or clearly personalised
- Supply of goods liable to deteriorate or expire rapidly
- Supply of sealed audio or video recordings or sealed software which were unsealed after delivery
- Newspapers, periodicals or magazines (except for subscription contracts)
- Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or leisure activity services, where the offer provides for a specific date or period of performance
- Supply of goods which, by their nature, are inseparably mixed with other items
- Supply of sealed goods which cannot be returned for health or hygiene reasons and which were unsealed by the CUSTOMER after DELIVERY
- The supply of alcoholic beverages whose price was agreed at the time the sales contract was concluded, whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations beyond the SELLER's control
- Urgent maintenance or repair work carried out at the consumer's home and expressly requested by them, limited to spare parts and work strictly necessary to address the emergency;
- Supply of digital content not supplied on a physical medium if performance began with the consumer's prior express agreement, who also acknowledged that they would thereby lose their right of withdrawal
- Contracts concluded at a public auction
