Refund policy
Applicable from 13/09/2024
ARTICLE 1. PARTIES
This refund policy applies between CHAMP DE MANOEUVRES DIX ZIP SARL, SARL, share capital: 10000 euros, registered with the Toulouse Trade and Companies Register on 16/04/2008, under number 503750432, registered office: 16 RUE SIRVEN industrial zone, 31100 Toulouse, FR, phone: +33980764930, email: info@champdemanoeuvres.com, intra-community VAT number: FR38503750432, hereinafter "the Editor", and any natural or legal person, private or public, registered on the Site to purchase a Product, hereinafter "the Client".
ARTICLE 2. DEFINITIONS
"Client": any natural or legal person, private or public, registered on the Site.
"Site Content": all elements of any kind published on the Site, whether or not protected by an intellectual property right, such as texts, images, drawings, layouts, presentations, videos, diagrams, structures, databases or software.
"The Editor": CHAMP DE MANOEUVRES DIX ZIP SARL, in its capacity as publisher of the Site.
"Internet user": any natural or legal person, private or public, connecting to and browsing the Site.
"Product": any item of any kind sold on the Site to Clients.
"Site": the internet site accessible at the URL champdemanoeuvres.com, together with all sub-sites, mirror sites, portals and URL variations related to it.
ARTICLE 3. SCOPE
The Site is freely and openly accessible to any internet user. Browsing the Site implies acceptance, by any internet user, whatever the means of access used, whether by an automated device or a robot, of this policy in full. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.
The internet user acknowledges having read and fully accepted this policy by checking that box, which shall be deemed to have the same value as a handwritten signature. This confirmation of acceptance is deemed to have full evidentiary value between the parties, to the exclusion of any other terms, in particular those of the internet user.
Acceptance of this policy assumes that internet users have the legal capacity required to do so, or, failing that, that they have obtained the authorization of a guardian or curator if they lack capacity, of their legal representative if they are minors, or that they hold a mandate if acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is the sale of Products to Clients.
ARTICLE 5. ORDER STEPS
5.1. Ordering
To place an order, internet users may select one or more Products and add them to their cart. Product availability is shown on the Site, on the relevant product page. They may check the unit price of the Products chosen as well as the overall price, and may remove one or more Products from their cart.
Once satisfied with their order, internet users may validate it. They will then reach a form on which they must enter their login details if they already have an account, or register on the Site by completing the sign-up form with their personal information.
5.2. Payment by the Client
Once logged in, after fully completing the sign-up form, Clients will be asked to check or edit their delivery and billing details, then will be invited to make payment, being redirected for that purpose to the secure payment interface bearing the words "order with payment obligation" or an equivalent wording.
5.3. Confirmation of the order by the Editor
Once payment has actually been received, the Editor undertakes to acknowledge the order electronically to the Client within a maximum of 24 hours. Within the same timeframe, the Editor undertakes to send the Client a summary email of the order confirming all relevant information.
ARTICLE 6. PRICE - PAYMENT
6.1. Price
The prices applicable are those shown on the Site on the day of the order. Prices may be changed at any time by the Editor. Prices shown are valid only on the day of the order and have no effect for the future.
Prices shown on the Site are in euros, all taxes included, excluding delivery costs.
6.2. Payment method
Clients may pay by Paypal, Stripe, Amazon Pay, Google Pay, or Alma.
For card payments, the Editor has no access to any data relating to the Client's payment method. Payment is made directly between the Client and the banking institution.
In the event of payment by cheque or bank transfer, delivery times will only begin to run from the date the payment is collected by the Editor.
6.4. Late payment
Any sum not paid by its due date will, automatically and without formal notice, incur late-payment penalties calculated on the basis of an interest rate equal to three times the legal interest rate, without prejudice to the principal sums due.
In addition, any late payment will result in a fixed recovery-cost charge of 40 euros being invoiced to the defaulting Client, without prejudice to the immediate payability of all remaining sums due whatever the agreed payment terms, increased by a penalty clause of 20% of the amount due, as well as the Editor's option to unilaterally terminate the contract at the Client's fault. This clause is subject to the provisions of article 1152 of the Civil Code, allowing a judge to reduce the compensation if considered excessive.
6.5. Retention of title
Products sold remain the property of the Editor until full payment of their price, in accordance with this retention-of-title clause.
ARTICLE 7. DELIVERY - RIGHT OF WITHDRAWAL - WARRANTIES
7.1. Delivery
Products are delivered to the address indicated by the Client when ordering. Delivery times and costs are those set out in the Site's Shipping Policy. In the case of an order made up of several Products delivered separately or of an order for a batch of goods whose delivery is staggered over a defined period, the withdrawal period runs from receipt of the last good or batch, or of the last item. For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.
7.2. Right of withdrawal - Distance selling
This article 7.2 applies to Clients who qualify as consumers within the meaning of the preliminary article of the Consumer Code.
7.2.1. Conditions for exercising the right of withdrawal
In accordance with the legislation in force on distance selling, the Client has a period of fourteen days to exercise their right of withdrawal without having to justify any reason or pay any penalty, except, where applicable, return costs. The period mentioned in the previous paragraph runs from the day on which the distance contract is entered into, for contracts relating to the supply of a service and/or the supply of digital content not delivered on a physical medium.
Where the fourteen-day period expires on a Saturday, Sunday or public holiday, it is extended to the next business day.
The decision to withdraw must be notified to the Editor at the contact details given in article 1 of this policy by means of an unambiguous statement. The Client may, for example, use the model withdrawal form provided at the end of this policy. In any event, the Editor will send the Client an acknowledgement of receipt of the withdrawal by email as soon as possible.
7.2.2. Effects of the right of withdrawal
The Client returns or hands back the products to the professional or to a person designated by the professional, without undue delay and, in any event, within fourteen days of communicating their decision to withdraw. Where the order is for several goods delivered separately or for an order made up of multiple goods whose delivery is staggered over a defined period, the period runs from receipt of the last good or batch, or of the last item. For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.
Where the fourteen-day period expires on a Saturday, Sunday or public holiday, it is extended to the next business day.
The Editor will reimburse the Client for all sums paid, including delivery costs, without undue delay and, in any event, within fourteen days from the day on which the Editor is informed of the Client's decision to withdraw. The Editor may withhold reimbursement until it has received the Products back, or until the Client has provided proof of shipment, whichever occurs first. Beyond this, the sum owed is automatically increased by interest at the legal rate, as specified in article L.242-4 of the Consumer Code.
Where applicable, the Editor carries out the reimbursement using the same means of payment as the one used by the Client for the initial transaction, unless the Client expressly agrees to a different means, and provided the reimbursement does not incur any cost for the Client. However, the professional is not required to reimburse additional costs if the Client expressly chose a delivery method more expensive than the standard delivery method offered.
Direct costs of returning the Product are borne by the Client. These costs are estimated at a maximum of 9 euros if, by its nature, the Product cannot normally be returned by post. The Client's liability may be incurred only in respect of any diminished value of the Product resulting from handling other than that necessary to establish its nature, characteristics and proper functioning.
The conditions, time limits and procedures for exercising the right of withdrawal are set out in the withdrawal form provided at the end of this policy.
7.2.3. Exceptions to the right of withdrawal
The right of withdrawal does not apply, in particular, to contracts for:
• the supply of services fully performed before the end of the withdrawal period and whose performance began after prior express agreement of the Client and express waiver of their right of withdrawal;
• the supply of goods made to the Client's specifications or clearly personalized;
• the supply of goods likely to deteriorate or expire rapidly;
• the supply of goods which have been unsealed by the Client after delivery and which cannot be returned for reasons of hygiene or health protection;
• the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
• sale of goods or provision of services whose price depends on fluctuations in the financial market beyond the professional's control;
• urgent home maintenance or repair work expressly requested by the Client, limited to the spare parts and work strictly necessary to respond to the emergency;
• the supply of audio or video recordings or computer software when they have been unsealed by the Client after delivery;
• the supply of a newspaper, periodical or magazine, except for subscription contracts to such publications;
• contracts concluded at a public auction;
• accommodation services other than for residential purposes, goods transport, vehicle rental, catering or leisure activities which must be provided on a specific date or period;
• the supply of digital content not delivered on a physical medium, the performance of which has begun after prior express consent of the Client and express waiver of their right of withdrawal.
When validating a service order, the Client's waiver of the right of withdrawal is expressed by ticking the box corresponding to the sentence: "I expressly waive my 14-day right of withdrawal for services from which I will benefit before the end of this period." The Client will then receive an email confirmation of their waiver of the right of withdrawal.
A Client who has exercised their right of withdrawal from a contract for the supply of services whose performance began, at their express request, before the end of the withdrawal period, owes the professional an amount corresponding to the service supplied up to the time of communication of their decision to withdraw, proportionate to the total price of the service agreed under the contract.
7.3. Termination of the contract at the Client's initiative
A consumer Client may terminate the contract by registered letter with acknowledgement of receipt in the event of force majeure. In such a case, the Client undertakes not to take action against the Editor and waives reliance on the termination of sale provided for in this article.
7.4. Warranties
7.4.1. Warranty for apparent defects
It is the Client's responsibility to check the condition of the Products upon delivery. This check must in particular cover the quality, quantities and references of the Products as well as their conformity with the order. No claim will be accepted after a period of three days from delivery. In any event, any claim concerning parcels delivered will only be taken into account if the Client has made appropriate reservations to the carrier in accordance with articles L.133-3 et seq. of the Commercial Code.
7.4.2. Legal warranty against hidden defects
Clients benefit from the legal warranty of conformity (article L.217-4 of the Consumer Code) and the legal warranty against hidden defects (articles 1641 et seq. of the Civil Code). In addition to the legal warranty, Products benefit from a contractual warranty of conformity valid in French territory, of 1 year from delivery of the Product.
7.4.2.3. Return
To exercise the warranty, the Client must return the product to the Editor's registered office address, together with an explanatory letter requesting either repair or reimbursement. In any event, the Client is asked to follow the Editor's instructions precisely regarding the return of Products.
Return costs for the Product remain payable by the Client, except for consumer Clients invoking the warranty of conformity provided for by articles L.217-4 et seq. of the Consumer Code.
The consumer Client benefits from a 2-year period from delivery of the item to invoke the warranty of conformity with the seller. In this respect, they may choose between repair or replacement of the Product, subject to the cost conditions provided for by article L.217-9 of the Consumer Code. The consumer Client is also exempt from having to prove the existence of the lack of conformity of the Product during the 24 months following delivery of the Product, except for second-hand goods.
The legal warranty of conformity applies independently of any commercial warranty granted. The consumer Client may decide to invoke the warranty against hidden defects of the item sold within the meaning of article 1641 of the Civil Code and, in this case, may choose between rescission of the sale or a reduction of the sale price.
ARTICLE 8. FINAL PROVISIONS
8.1. Governing law
This policy is governed by French law.
8.2. Amendments to this policy
This policy may be amended by the Editor at any time. The terms applicable to the Client are those in force on the Site at the date of the order or of their connection to the personal space, and any subsequent connection to that space entails acceptance of any new version, where applicable.
8.3. Disputes
Pursuant to order n°2015-1033 of 20 August 2015, any dispute with a consumer Client that may arise in connection with the performance of this policy and which cannot be resolved between the Editor and the Client may be submitted to a consumer mediator, whose contact details are as follows: [to be completed once membership is confirmed], by post to the address given in article 1 of this policy, by email at info@champdemanoeuvres.com, or by post to the address given in article 1 of this policy. In these last two cases, the Editor undertakes to provide a response within two hours.
7.2. Right of withdrawal - Distance selling
Mediation has been mandatory for all professionals since 1 January 2016. Accordingly, any professional selling to individuals must provide the contact details of a competent Mediator in the event of a dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).
European Consumer Mediators Association (AME CONSO) - https://www.mediation-conso-ame.com/
You may also use the European Commission's online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show
8.4. Entirety
The nullity of one of the clauses of this contract will not entail the nullity of the other clauses of the contract or of the contract as a whole, which will retain their full effect and scope. In such a case, the parties will, as far as possible, replace the cancelled clause with a valid clause corresponding to the spirit and purpose of this policy.
8.5. No waiver
The fact that the Editor does not exercise a right recognized by this policy may not, under any circumstances, be interpreted as a waiver of the right to invoke that right.
8.6. Telemarketing
The Client is informed of the possibility of registering on the telemarketing opt-out list at http://www.bloctel.gouv.fr/.
8.7. Language of this policy
This policy is drawn up in French.
8.8. Unfair terms
The provisions of this policy apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.