General Conditions of Sale
The present General Conditions of Sale govern the contractual relations between La Scourtinerie and any person making a purchase through the website scourtinerie.com. They can be modified at any time by La Scourtinerie. They apply, without restriction or reservation, to all sales, by La Scourtinerie, of products offered on its website scourtinerie.com. The fact for any person to order a product offered for sale on the website of La Scourtinerie includes the full acceptance of these general conditions of sale. The Buyer recognizes to have acquainted with them before his order.
- Formation of the contract and orders
1.1. Prices
– The prices are indicated in Euros, and are those in force at the time of the recording of the order form by the Purchaser.
– The prices indicated do not include the shipping costs which are charged to the customer (costs specified before final validation of the order).
– The selling prices of the products can be modified by La Scourtinerie at any time. This modification will be announced to the Buyer before any order.
1.2 Characteristics of the products
– Availability According to the article L 111-1 of the Code of the Consumption, the Buyer can, before his order, take knowledge, on the website scourtinerie.com, of the essential characteristics of the products he wishes to order.
The offers presented by La Scourtinerie are valid within the limits of available stocks. In case of unavailability of the product, La Scourtinerie is committed to inform the Buyer as soon as possible by any means at his convenience.
Otherwise, a substitute product or refund will be offered.
The photographs, graphics and descriptions of products offered for sale are only indicative and do not engage the seller.
1.3 Order
Any validated order supposes the adhesion without restriction nor reserves to the present general conditions of sale. The sale will be considered as final only after the sending to the Buyer of the confirmation of the order by La Scourtinerie and the collection by this one of the totality of the price.
- Payment
The payment of the totality of the price must be realized during the order by the Buyer. No cash on delivery is accepted. At no time, the paid sums could be regarded as deposits or installments. The collection of the totality of the amount of the order will be made by La Scourtinerie at the time of the validation of the order or in case of payment by check at the reception of this last one.
- Delivery and reception
3.1 General rules
The products will be delivered to the address indicated by the Buyer.
In case of partial availability of items, La Scourtinerie may have to split the orders. Thus the available items can be sent at first, the balance of the order will be sent when all the other items will be available.
No claim will be accepted in case of non-compliance with these formalities. Similarly, no claim will be accepted if the customer accepts the goods (carrier’s voucher as proof).
3.2 Delays
Manufacturing lead-time
– Made-to-measure shade sails : 2 to 22 working days, depending on the season.
– Scourtins : 1 to 3 weeks (3 to 6 weeks for large orders).
Delivery time
The average delay from the warehouse of La Scourtinerie are the following:
– Shade sails : 2 to 10 working days, depending on the season.
– Scourtins : 2-3 working days.
The delivery of our shade sails is done by the GLS or UPS carrier. The scourtins are delivered either by GLS or by Colissimo La Poste.
* These times are given as an indication. A delay does not allow the buyer to cancel the sale, to refuse the goods or to benefit from damages.
Neither La Scourtinerie, nor the selected carrier can be made responsible for an impossibility of delivery because of an imprecision in the delivery address.
3.3 Quality or Conformity Problems
In case of delivery of a product that does not correspond to the order (defective or non-conforming), the Buyer must make his claim within 14 days from the date of signing the delivery note.
Claims must be sent by registered letter with acknowledgement of receipt to the address below, and must include the Buyer’s contact details, the product references and the reasons for the claim.
The return of the products will have to be made within seven working days after the notification.
Otherwise, La Scourtinerie will not proceed to any exchange or refund of the products thus ordered.
Any product to be exchanged or refunded must be returned to La Scourtinerie in its original state and include all the product and its accessories.
The shipping costs are at the expense of the buyer.
Any risk related to the return of the product is the responsibility of the Buyer.
If the above procedure is not followed and the time limits indicated are not respected, the Buyer will not be able to make any claim for non-conformity or apparent defect of the products delivered, the products being then deemed to be in conformity and free of any apparent defect.
3.4 Specific conditions of use
Under certain weather conditions (temperature, wind, drought, etc.), our 100% natural fiber shade sails can be more easily flammable. To ensure safe use of our shade sails and avoid any risk of fire, it is therefore imperative never to expose, fix or store them near a source of strong heat, and to keep them away from flames, sparks or any other source of ignition, whether natural, mechanical or electrical.
- Right of Withdrawal
4.1. In accordance with article L 121-20.2 of the French Consumer Code, the right of withdrawal cannot apply to all supplies of goods made to the consumer’s specifications or clearly personalized.
4.2 In accordance with Article L 121-16 of the Consumer Code, the Buyer has a period of 14 clear days from the date of receipt, to return at its expense, the products ordered, for refund.
The products must imperatively be returned to La Scourtinerie in a perfect state of resale, in their original state (packaging, accessories, instructions …), duly sealed, and accompanied by the invoice corresponding to the purchase.
Any incomplete, damaged or spoiled product will not be refunded or exchanged.
The exercise of the right of withdrawal will result in a refund by check payable to the Buyer.
- Reserve of property
La Scourtinerie keeps the full property of the sold products until the perfect collection of the price, in principal, expenses and taxes included.
During the period elapsing from the delivery to the transfer of property, the risks of loss, theft or destruction are in charge of the purchaser.
- Warranty
– The general conditions and the duration of the warranty are available on the website scourtinerie.com.
– The Buyer will be deemed to have consulted and accepted them.
– Any return of the product under the aforementioned warranty must be subject to a prior agreement of La Scourtinerie. For this purpose, the Buyer will contact La Scourtinerie.
– No return will be accepted without prior authorization of La Scourtinerie.
– All costs and risks related to the return of the product are at the charge of the Buyer.
– The product under warranty will be, at the choice of the manufacturer, exchanged or repaired.
Are excluded from the warranty :
– the replacement of consumables.
– Abnormal and non-compliant use of the products.
– Damage that is specifically mentioned in the product sheets.
– The defects and their consequences due to the intervention of the Buyer or a repairer not approved by La Scourtinerie
– the defects and their consequences related to the use not in conformity with the use for which the product is intended
– Products subject to a specific contract of assistance and maintenance.
- Applicable law
For the foreign Buyer, it is up to him to check with the local authorities the possibilities of use of the product he plans to order.
The responsibility of La Scourtinerie could not be committed in case of non-compliance with the regulations of a foreign country where the product is delivered.
– La Scourtinerie could not be held responsible for the non-performance of the contract in case of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike of postal services and means of transport and / or communications.
– La Scourtinerie could not be responsible for any loss of data, files. It is up to the Buyer to make all necessary backups.
The total or partial inability to use the products, due to incompatibility of equipment can not engage the responsibility of La Scourtinerie nor give rise to any compensation or refund.
- Data processing and Liberties
The information collected by La Scourtinerie during any order of the Buyer are necessary for the management of his order by La Scourtinerie.
In accordance with the Data-processing law and Freedoms n°78-17 of January 6th, 1978, the Buyer has a right of access, of correction, of opposition and of suppression to the data concerning him at La Scourtinerie.
- Mediator
‘In accordance with article L.612-1 of the Consumer Code, the Consumer Customer is hereby informed that he/she may, in any event, have recourse to conventional mediation with a view to the amicable resolution of a dispute between him/her and the Seller, in particular with the Consumer Mediation Commission or with the existing sectoral mediation bodies, the references of which appear on the website, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
The contact details and procedures for contacting the mediator are as follows: Médiation Conso Drôme, 19 Bis Rue Jonchère, 26000, Valence. Website: https://mediation-conso-drome/
The Seller also informs the consumer Customer of the existence of the Online Dispute Resolution platform, set up by the Commission, accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.
This platform facilitates the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.
All disputes to which the contracts concluded in application of these General Terms and Conditions may give rise, concerning their validity, interpretation, performance, termination, consequences and consequences, and which could not be resolved by mediation or amicably between the Vendor and the Consumer Customer, shall be submitted to the competent courts under the conditions of ordinary law.
If the dispute has to be brought before the courts, it should be noted that, pursuant to article R. 631-3 of the Consumer Code, the Consumer Customer may bring the matter either before one of the courts having territorial jurisdiction under the Code of Civil Procedure, or before the court for the place where he was living when the contract was concluded or when the harmful event occurred
Address in case of complaint :
SARL La Scourtinerie
36, rue de la Maladrerie
26110 NYONS
France
Address in case of return parcel :
SARL La Scourtinerie
2405, Route des Caritat
26110 CONDORCET
France
