Terms and Conditions CARPTOUR

 

Preamble:

 

FISCHEN UND MEHR GMBH, registered in the trade and companies register of Mannheim under number B724424, with its head office Kaiserstraße 2 at 69115 Heidelberg, and its customers wishing to place an order on the website www.carptour.fr

The supervised company manages this site under the trade name CARPTOUR.

Unless expressly agreed by CARPTOUR, any ordering implies the adhesion without any reserve to the general conditions of sale.

 

The prospectuses and tariffs published by CARPTOUR, and the products exposed on the site, have no indicative value.

The website www www.carptour.fr is an online commerce site offering the wholesale of fishing articles, "CARPTOUR", meaning a trademark at the INPI.

Definition

In the context of these general conditions of sale and use, we mean:

Visitor (s): anyone browsing on the website www.carptour.fr

Registered (s): all customers who have created an account on the www www.carptour.fr website;

Customer (s): any person who has subscribed to the  www.carptour.fr website and / or who has placed one or more orders with the manufacturers through the  www.carptour.fr website;

Website: www www.carptour.fr;

Manufacturers: Fishing Apparel Manufacturers

This site is the property of FISCHEN UND MEHR GMBH so that its full or partial reproduction without the agreement of the latter is prohibited.

The customer who would like to buy on the site, declares to have full legal capacity. Any person incapacitated within the meaning of Article 1123 and following of the Civil Code, can in no way buy on the site.

In no case CARPTOUR could be held responsible for unauthorized use of its site by other sites and consequences for the customer (viruses, etc ...).

 

The purchase of fishing tackle through the www www.carptour.fr website implies the unconditional acceptance by the buyer of the contents of these general conditions of sale which will prevail over any other general or particular condition with regard to a professional buyer, not expressly accepted by CARPTOUR.

 

CARPTOUR reserves the right to modify its general conditions of sale at any time.

The general conditions of sale applicable will be those in force on the date of the order by the buyer.

The application of these general conditions of sale is carried out in accordance with the provisions of the Consumer Code, and in particular those resulting from Law No. 2014-344 of 17 March 2014.

The online sale of CARPTOUR products on its website is reserved for buyers residing exclusively in mainland France, and for deliveries required even in metropolitan France.

All other orders outside metropolitan France must be the subject of a specific order from CARPTOUR customer service (n ° such customer service).

It will be recalled, that the various information contained in our catalog accessible on the site are only indicative and appear as simple information.

In the same way, the various accessories presented on photographic plates accompanying our products have no contractual value.

For example, a fishing rod can be presented with different accessories such as reel, wire, etc ...

If the product offered for sale is not a set, the buyer can not demand that the accessories are delivered with the product ordered.

They can not contract CARPTOUR contractually.

Article 1 - Our products

The products marketed by CARPTOUR are essentially fishing tackle.

CARPTOUR may make changes without notice to the characteristics of its articles on its online catalog, or to stop their manufacture.

It such a case, CARPTOUR can not be required to provide the items that would be deleted.

The information presented in our catalog is only indicative to allow the buyer to have a general appreciation, but do not apply an identity of appearance to photos.

Thus, it is possible that shades of color affect the products sold, so that these variations can not engage the responsibility of CARPTOUR, and still constitute a reason for cancellation of the order.

In any case, the consumer wishing to have more precise information on our fishing tackle, is invited to get closer to the customer service before any order.

CARPTOUR plans to create a blog discussing the experiences of its customers so that they can benefit all members of the CARPTOUR community.

 

Article 2: Order

The customer is reminded that he is obliged to provide exact data (address, etc ...) regarding his identification.

It is strongly recommended to indicate a telephone number to which it can be attached when making an appointment, and this to facilitate delivery

The customer places an order by mail, phone or mail.

When ordering the customer must provide his name, first name, address, billing address and delivery, e-mail.

The customer must fill out the order form online by specifying the reference of the fishing tackle ordered.

In any case, CARPTOUR will contact you to acknowledge receipt of your order, and in particular to:

- have confirmation of the data communicated

- to inform you of the availability of the products ordered or, if necessary, of a possible delay

- inform you of the amount of your order

The order will not be validated until its payment.

You can pay your order by various means of payment: credit card, bank check, bank transfer.

All our sales are made in cash.

CARPTOUR undertakes to honor orders received on the website only within the limits of available stocks of products.

Article 3: Right of withdrawal and return of the order

In application of article L121-21 of the Consumer Code, the private buyer has a right of withdrawal of all or part of his order, without cause, and expires 14 days from receipt of the natural stones ordered, with the precision that if several products are ordered in a single order, the period runs from the moment of receipt of the last ordered product.

To exercise his right of withdrawal, the customer must send the withdrawal form or any other statement expressing his desire to retract to CARPTOUR, and this to the following address: 19 route de Brousse - 86320 MAZEROLLES or contact@carptor.fr .

Products that will be returned within the aforementioned period, must not have suffered deterioration from the buyer who, in such a case, will have to pay the price.

Under no circumstances must returned fishing tackle be used.

In case of non-compliance with the order, the buyer agrees to notify CARPTOUR by mail upon receipt, and no later than the withdrawal period provided in the aforementioned article L121-21 of the Consumer Code.

In accordance with legal provisions, the right of withdrawal can not be exercised for products that would be made to order (example: a specific fishing rod, etc ...).

Article 4: Price

The prices inclusive of VAT are those listed in the catalog published on the site www.carptour.fr taking into account the rate of VAT applicable on the day of the order.

In the event of a change in the VAT rate, it may be reflected in the price of the products.

Given the fact that CARPTOUR reserves the right to change its rates, the price to be retained is that listed in the site catalog on the day of the order by the buyer.

The prices listed on the catalog include the costs of packaging, transport, delivery.

They can differ according to the quantities and the weight of the products ordered.

These elements will appear on the site at the time of your order.

The price of the goods is payable in cash on the day of the actual order, unless otherwise expressly accepted by CARPTOUR.

In the case of a promotional offer, promotions are made for a fixed period, you should pay attention to the validity limit of the offer in time.

Article 5: Means of payment

Any amount paid in advance is considered a deposit.

 

Warning :

The prices applied for distance selling may be different from those applied in our future factory store, when it will open to our customers.

The prices can not under any circumstances be the subject of a request for application in store and vice versa.

You have at your choice the following payment options:

- by transfer to our bank account,

- by bank check (put the order number on the back of the check)

- by cash mandate,

- by PayPal payment

The prices are expressed in TTC - All taxes included

Article 6: Delivery - Terms of Delivery - Modality

The postage fees are paid by the client.

The buyer has the choice to be delivered to his home or to a duly identified third party.

The delivery of our goods is possible throughout all metropolitan France, including Corsica.

The customer agrees to provide all the information necessary for delivery (with or without liftgate, accessibility) to ensure the proper end (the phone number, which the carrier can join the day of delivery being particularly important).

Given the specificity of the fishing tackle that can be ordered, especially for carp fishing, delivery is always carried out on the ground floor outside on any hard surface (tar, concrete, tiled terrace). .) up to the first height (sidewalk, step, stairs ...).

The delivery person is not authorized to unpack or carry the goods.

The packages must always be unpacked by the recipient in front of the driver (the pretext of the lack of time by the driver is not valid).

The cost of transportation includes the time of control and verification.

If a deterioration is found, the damaged goods must be refused.

It will be imperative to note on the delivery note "Goods refused, received broken (details or totality)".

The fact of noting on a delivery note "subject to opening" is inoperative.

CARPTOUR intends to draw the attention of the buyer that if the recipient is not present at the delivery, and that a breakage is found after the departure of the driver, he exposes himself to be deprived to obtain repair of his prejudice.

Delivery of the delivery slip by the buyer:

Only claims that have been subject to quantitative and qualitative reserves specified and stipulated on the delivery note may be taken back.

Reservations of the type "subject to unpacking", "subject to control" or "damaged package" are inoperative.

In the case of goods damaged during transport, non-compliant pallets (open, torn), we invite the buyer to send us photos.

 

Settlement of the claim

The treatment and settlement of this claim

by the buyer, and to the address of our company, the following:

- the copy of the transport ticket with precise and reasoned reservations;

- the copy of the registered mail and the A.R sent to the carrier;

- the copy of our delivery note

 

- copy of our invoice

 

In the absence of the respect of this procedure, no complaint can be treated by CARPTOUR.

Any delivery problem must be reported within 48 hours to the listed phone numbers, by mail and registered mail.

The confirmation of receipt of the order is proof that the claim was well received.

The corresponding returned product must then reach us within 14 days after receipt by requesting its exchange or refund.

In case our carrier refuses to deliver your goods, we will contact you to possibly study an alternative solution.

If necessary, a second delivery attempt can be made with your agreement, and you will be charged extra.

You will be charged the fees generated by the return to our depot, the unloading and reloading fees.

These fees are imperatively paid before the second delivery.

In case of too great or major difficulties, the products will remain available in our warehouse waiting for removal by the customer's own means after payment of the costs of return and storage.

The delivery date will be specified to the buyer during the actual removal by the carrier.

The date of receipt communicated to the buyer is an indicative time given to us by our carriers.

Any possible delay can not be opposed to us to obtain a compensation or a discount.

This is why we invite the buyer to provide a margin in terms of delivery time.

Delivery times indicated are excluding weekends and holidays.

We make every effort to ensure that the ordered products are delivered to you on time.

In case of extension of the delivery period beyond our control, we undertake to warn you as soon as possible to allow you to decide whether to maintain or cancel your order.

In case of exceeding the delivery date by more than fifteen (15) days in relation to the agreed period and if this excess is not due to a case of force majeure (lockout, strike, epidemic, war, requisition, fire, flood, equipment accident, delay in transport, etc ... see infra), you can denounce the sales contract by e-mail to: www.carptour.fr

In case of cancellation for exceeding the delivery date, you will be refunded the amount of your order within fifteen (15) days of receipt of your e-mail.

During very large deliveries, the customer must first ensure that the specific means of transport implemented can access the unloading site.

Article 7: Cancellation of order

Cancellations of orders remain possible with full refund excluding any costs as long as the goods are not being prepared, manufactured or reserved.

Cancellations of orders for products booked or in preparation are reimbursed as a deduction of a compensation for the value excluding taxes of the goods, storage charges, electronic transactions or PayPal and a flat rate of 15 € TTC for administrative costs.

Article 8: Confidentiality and legal information

CARPTOUR undertakes to protect the privacy of the persons using its website and the confidentiality of the personal information provided.

Failure to provide any optional data from the questionnaires, including the purchase order, will result in no penalty or treatment difference of any kind to Internet users.

The personal information you transmit to us is used only for the purpose of ensuring the proper processing of your order.

We use the information we collect to serve our customers as follows: when you place an order, we must know your name, address, email address, personal address, telephone number and the method of payment used.

This allows us to proceed and respond to your orders as well as inform you of the status of these.

This data is stored on a server at our host who has all the guarantees for their protection.

The reservation of the products requested by the customer will be done only when sending the confirmation of order and after the reception of the deposit and the price of delivery on our account.

Deadlines announced short also from these payments.

In accordance with the Data Protection Act of January 6, 1978, the buyer has the right to access, rectify and oppose all of his personal data by writing an e-mail to www www.carptour.fr

CARPTOUR intends to remind that if the collection of personal information of the buyer is mandatory to enable him to process his order and the delivery thereof, besides the establishment of invoices, this information will remain confidential.

No personal information is collected without the knowledge of the site users, neither transferred to third parties nor used for personal purposes.

Article 9: Guarantee

CARPTOUR guarantees its products one year, except for the perishable ones (primers, etc ...).

The customer is reminded that he has the legal guarantee of hidden defects as laid down in articles 1625 et seq. of the Civil Code and their conformity as provided for in articles L 211-4 et seq. of the Consumer Code.

Are excluded from the guarantee granted by CARPTOUR, the damages or disorders resulting from a bad use such as for example the saline medium, etc ..., from the use of unsuitable cleaning products, as well as the consequences linked to events of force majeure.

Are regarded as fortuitous case or force majeure releasing CARPTOUR from any responsibility, the total or partial strikes, the lookout, the accidents of tooling occurred at us or with our suppliers, and any other cause independent of our will which would have the effect to unbalance the current economy of France and / or the countries that supply our products.

 

We may opt, at our option, for one of the following two solutions, either for a suspension of the execution of the order, or for its cancellation, both without compensation.

The products benefit from the "manufacturer's guarantee", the start date of the guarantee starts to run on the date of receipt of the product by the customer, and turns out to be generally one year.

In any case, all our items are subject to a legal guarantee of conformity, in accordance with the provisions of Article L211-1 of the Consumer Code and a guarantee against hidden defects in accordance with the provisions of Articles 1151 et of Civil Code.

Article 10: retention of title

The delivered products remain the property of CARPTOUR until full payment of the price by the customer which means by an actual collection.

The sale resulting from an order of one or more units of fishing tackle is established in the form of a forward sale by carrying the transfer of ownership when the balance of the whole of said order is paid, including in case delivery and partial payment.

Article 11: Settlement of disputes.

These conditions are subject to French law.

In the event of a dispute CARPTOUR will pay close attention to the claims of its customers speculating on their good faith, in accordance with the spirit it has always maintained.

The search for an amicable solution will be preferred.

The customer declares to have read and expressly accepted the entirety of these general conditions of sale, including its retention of title clause.

Article L217-4 of the Consumer Code:

The seller delivers a good in accordance with the contract and answers for the lack of conformity existing during the delivery.

It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility.

Article L217-5 of the Consumer Code:

Any trader who becomes aware, after having acquired or transferred products, of the non-conformity of all or part of these with the regulation concerning a substantial quality is obliged to inform without delay, by any means of which he can justify who provided him with these products and those to whom he gave them.

The fact that the operator does not carry out this information is punishable by one year's imprisonment and a fine of € 150,000.

Article L217-12 of the Consumer Code:

Natural persons found guilty of the offenses provided for in this Chapter may also incur as additional penalties the prohibition, in accordance with the provisions of Article 131-27 of the Penal Code, of performing a public service or exercising public service. professional or social activity in the course of which or on the occasion of which the offense was committed, whether to practice a commercial or industrial profession, to direct, administer, manage or control a person directly or indirectly, for their own account or on behalf of others, a commercial or industrial enterprise or a commercial company. These exercise bans may not exceed a period of five years. They can be pronounced cumulatively.

Legal persons held criminally liable, under the conditions laid down in Article 121-2 of the same Code, to the offenses provided for in this Chapter incurs, in addition to the fine in accordance with the provisions of Article 131-38 of the Code, penalties provided for in paragraphs 2 to 9 of Article 131-39 of the same Code. The prohibition mentioned in 2 ° of the same article 131-39 relates to the activity in the exercise or on the occasion of the exercise of which the offense was committed. The penalties provided for in points 2 to 7 of the said article may be pronounced for a maximum of five years.

Article L217-16 of the Consumer Code:

When the buyer asks the seller, during the course of the commercial guarantee which has been granted to him during the acquisition or the repair of a movable property, a restoration covered by the guarantee, any period of immobilization d at least seven days is added to the duration of the warranty that remained to run.

This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

Article 1641 of the Civil Code:

The seller is bound by the guarantee by reason of the hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which diminish the use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them.

Article 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 by article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller may be discharged from apparent defects or defects of conformity.