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Terms of sale

ARTICLE 1: SCOPE OF APPLICATION

The company DECLENE SAS, whose registered office is located at 7 rue des Prés Biards, 22430 Erquy (hereinafter, “DECLENE”), registered with the Saint-Brieuc Trade and Companies Register under SIRET number 931 134 654 00017 and whose VAT number is FR 11931134654, publishes and operates the following websites for the online sale of products to private individuals (hereinafter, depending on the case, the “Site” or the “Relevant Sites”):

  • gorillaropes.com
  • gorillaropes.fr

These general terms and conditions of sale (hereinafter, the “GTC”) govern the contractual relationship applicable between DECLENE and any non-professional buyer (private individual) (hereinafter, the “Customer”) for any remote order of products placed on one of the above-mentioned Sites (hereinafter, the “Order” as defined in Article 5 of the GTC). DECLENE and the Customer are hereinafter referred to as the “Party” or the “Parties”, as applicable.

Any Order placed on one of the Sites shall be governed exclusively by the GTC. Before validating an Order, the Customer must read the GTC and tick the corresponding box by which they expressly acknowledge having read and accepted the GTC. The GTC are dated. DECLENE reserves the right to amend them at any time. The version applicable to the Order shall be the version online on the date the Order is placed by the Customer.

ARTICLE 2: PRODUCT CHARACTERISTICS

The products offered for sale by DECLENE are those presented and described on the Site on the day the Customer consults the Site, within the limits of available stock (hereinafter the “Products”). The characteristics of the Products offered for sale are presented in the Product sheets available on the Site. In accordance with Article L111-1 of the French Consumer Code, the Customer may, prior to placing an Order, review on the Site the essential characteristics of the Products they wish to Order.

The illustrative photographs included in the Product sheets, which are provided as examples, may differ from the Product ordered (notably in terms of size, color, model, or any other specific attribute) and are therefore non-contractual.

DECLENE exercises the greatest care in the presentation and description of the Products on the Site. However, errors may nevertheless appear on the Site, which the Customer acknowledges and accepts.

DECLENE may modify at any time the range of Products offered for sale on its Site according to the constraints imposed by its suppliers, without prejudice to Orders placed by the Customer.

ARTICLE 3: PRODUCT AVAILABILITY

3.1. Stock management

On the Site, DECLENE offers for sale Products available “IN STOCK” or “AVAILABLE WITHIN X DAYS” or “SHIPPABLE WITHIN X DAYS” depending on our suppliers. The Customer is informed, for information purposes, of Product availability on the relevant Product sheets and at the time of placing the Order.

This information comes directly from DECLENE’s suppliers; however, errors or changes may occur.

DECLENE reserves the right to limit the number of Orders per account for the same Product.

3.2. Product unavailability

Upon receipt of the Order, DECLENE checks the availability of the Product(s) ordered. If an ordered Product is no longer available after the date of the Order, DECLENE will inform the Customer by email as soon as the information of unavailability has been communicated to it by its supplier. In this case, DECLENE may either offer a similar Product available in its stock at a similar price for the Customer, or refund the Customer in the event of default by the supplier(s).

In the event of an exceptional temporary stock shortage affecting one of the Products in the Order, DECLENE may, after informing the Customer, ship the available Products first and the remainder later. No compensation (other than a full refund of the Order) shall be due to the Customer in the event of Product unavailability discovered after the date of the Order.

3.3. Pre-order

Pre-ordering gives the Customer the opportunity to purchase and therefore reserve a Product in advance. The Customer may therefore receive the Product as soon as it becomes available.

DECLENE’s suppliers may at any time modify the availability date of a Product offered for pre-order.

Products offered for pre-order are automatically shipped as soon as they are received. DECLENE will inform the Customer by email as soon as the Order is shipped.

If the Customer orders other items at the same time as items offered for pre-order, all items will be delivered on the same date.

ARTICLE 4: USER ACCOUNT

4.1. Creation of a user account

To place an Order, the user of the Site may either create an account or continue as a guest. In both cases, the user must provide several personal details before being able to validate their Order.
When the user wishes to create an account, their refusal to provide said information will prevent the creation of the user account and, incidentally, the validation of the Order.

4.2. Operation

If the user has created an account, their user space will allow them to consult the history of their Orders placed on the Site and to track the delivery of the Products ordered.

4.3. Password

If the user chooses to create an account, they will be invited to create a password. This password guarantees the confidentiality of the information contained in their account, and the user undertakes to keep it secret and not to transmit or disclose it to any third party. Any connection to the user’s account using their credentials shall be deemed to have been made by the user themselves. Failing this, DECLENE cannot be held liable for unauthorized access to a user’s account. In the event of fraudulent use by a third party of their credentials and password, the user must immediately inform DECLENE by using the contact page. The user remains solely responsible for any use of their account by a third party until they have expressly notified DECLENE of the loss, fraudulent use, or disclosure of their password to a third party.

ARTICLE 5: ORDER PROCEDURES

The Customer may order the Products remotely via the internet directly through the Relevant Sites.

5.1. Validation of the Order by the Customer on the Site

Any Order placed on the Site by the Customer includes the following steps:

  1. Addition of the Products to the cart.
  2. Entry of contact details and billing and delivery information.
  3. Order summary. At this stage, the Customer has the possibility to check the details of their Order, the total price, and correct any errors before validating their Order.
  4. Validation of the Order by the Customer. Any Order validation implies acceptance by the Customer of the GTC, the Products purchased, their price, as well as the associated fees.
  5. Payment of the Order using the payment method selected by the Customer.

An Order shall be considered valid when all these steps have been completed.

The Customer must check the completeness and accuracy of the information they provide to DECLENE. In the event of an error in the shipping address, the shipping costs for a new shipment shall be borne by the Customer. DECLENE recommends that the Customer keep a paper copy or reliable electronic record of the data relating to their Order.

5.2. Order confirmation by DECLENE

DECLENE shall acknowledge receipt of the Customer’s Order by electronic means without undue delay.

The Customer is informed that certain Orders must be subject to checks by the verification department. In such case, the Customer will be informed by email of the supporting documents to be sent in order to obtain final validation of their Order. DECLENE reserves the right to cancel the Order in the event of non-receipt of these supporting documents or receipt of documents deemed non-compliant.

The Order, the Order confirmation, and the acknowledgment of receipt of the Order shall be considered received by each Party when the Party to whom they are addressed is able to access them.

5.3. Refusal to process an Order

DECLENE reserves the right to refuse or cancel an Order from a Customer in the following cases:

  • The Customer has not fully or partially paid for a previous Order, or
  • The Customer has an ongoing payment dispute under administration, or
  • The Customer has not complied with the GTC, or
  • There is suspicion of fraud.

5.4. Order tracking

Order and delivery tracking is available in the customer area on the Site. The Customer may track the status of their Order throughout its processing as follows:

  1. Log in to your account on the Site.
  2. View the status of your Order in your order history.
  3. If the Order has been shipped, an Order tracking number will appear.
  4. Click on the number to go to the carrier’s website and continue tracking your Order.

Customers who placed an Order without creating a user account will not be able to access Order tracking on the Site.

ARTICLE 6: PRICES AND PAYMENT TERMS

6.1. General

Prices are indicated on each Product sheet on the Site. The Customer must review them before placing an Order. DECLENE reserves the right to change its prices at any time but undertakes to apply the rates in force that were indicated to the Customer at the time of their Order, subject to availability on that date.

Prices are expressed in Euros, VAT included, but excluding delivery charges, customs duties and other taxes. Prices displayed in currencies other than the Euro are provided for information purposes only.

An invoice will be sent to the Customer at the time the Order is shipped.

In the event of delivery outside the European Union and outside mainland France, the Customer is informed that customs duties and other taxes may be payable. The necessary formalities and the payment of said duties and taxes are not the responsibility of DECLENE and shall in any event be borne by the Customer. It is therefore the Customer’s responsibility to verify all such information, as well as the possibilities of importing the Product with the competent authorities of the country of delivery, prior to placing any Order on the Site.

The cart will automatically calculate whether the country of delivery is subject to French VAT or not. DECLENE may also ship in France including VAT and provide a tax refund form (subsequent VAT refund) for persons residing outside the European Union (excluding overseas departments and Monaco).

Security: The Customer’s credit card details are encrypted using the SSL (Secure Socket Layer) protocol and never travel unencrypted over the network. The Site does not in any case retain these banking details after the transaction.

Anti-fraud controls: DECLENE, in collaboration with 3D SECURE, checks all Orders placed on the Site in order to protect against abusive practices carried out by fraudsters. As part of these procedures, DECLENE may request from the Customer any documents necessary to release the Order (for example: proof of address and debit). These requests are made by email. The information provided in the Order form is subject to automated data processing for which 3D Secure is the data controller.

6.2. Payment by credit card in one installment

To pay by credit card in one installment, the Customer must provide the number, expiry date, and control number of their credit card. Authorization servers are consulted in order to verify this data and prevent abuse and fraud. No Customer data travels unencrypted on DECLENE’s websites.

Payment by credit card is made through secure transactions carried out by DECLENE’s service providers.

6.3. Payment by bank transfer

The Customer may pay by bank transfer with no minimum purchase. An Order form containing the details of the Order, the Order number, and DECLENE’s bank account details is sent to the Customer by email. The Customer must indicate their Order number when making the transfer.

In the event of payment by bank transfer, the Order is reserved for 5 days after the validation of the Order by the Customer. If, after the 5-day period, DECLENE has not received the Customer’s transfer, the Order will be automatically cancelled and the Customer will be informed thereof by email. Orders paid by bank transfer will only be processed upon receipt of the transfer and after validation by DECLENE. Any applicable transfer fees remain borne by the Customer.

DECLENE cannot guarantee the availability of Products paid for by bank transfer.

6.4. Payment by PayPal

The Customer may pay by PayPal in one or several installments.

This option is managed exclusively by PayPal, and DECLENE cannot be held liable for PayPal’s refusal to offer a payment option.

DECLENE is not in a position to automate the tracking of payments made via PayPal. Processing of an Order paid by PayPal may in some cases take an additional 24 hours.

6.5. Payment by Scalapay

The Customer may also choose, if they wish, the Scalapay installment payment option, which is a payment facility offered by Scalapay SAS, registered with the Paris Trade and Companies Register under number 887 683 118.

Installment payment with Scalapay is reserved for private individuals (adult natural persons) residing in France and holding a Visa or MasterCard bank card with an expiry date more than 6 months after the date of purchase. Cards with systematic authorization, including Electron, Maestro, Nickel, etc., as well as e-cards, Indigo cards and American Express cards, are not accepted.

The security of payments is ensured by Scalapay and its service providers. All payments are protected by 3D Secure.

 

Purchase amount:

  • Payment in 3 installments: Only purchases between €50 and €1500 are eligible for payment with Scalapay.
  • Payment in 4 installments: Only purchases between €50 and €1500 are eligible for payment with Scalapay.

Fees:

By paying in installments with Scalapay, the Customer pays no fees:

Scalapay is a remote payment manager and issues an electronic certificate that shall constitute proof of the amount and date of the transaction in accordance with Articles 1316 et seq. of the French Civil Code.

Termination

Any termination of the GTC binding the Seller and the Customer shall result in the termination of the terms and conditions between Scalapay and the Customer.

DECLENE merely brings its Customers into contact with Scalapay by indicating on its site a non-contractual landing page. It is therefore not subject to the regulations relating to intermediaries in banking operations and payment services.

Furthermore, if the Customer requests to benefit from a financing solution offered by Scalapay, the information relating to their order and identity (surname, first name, postal address) will be transmitted to Scalapay. Scalapay will use this information to review their application for the granting, management and collection of credit. Scalapay reserves the right to accept or refuse their application for interest-free financing in 3 or 4 installments.

The Customer has a withdrawal period of 30 calendar days.

ARTICLE 7: PROMOTIONS, PROMO CODES AND GIFT VOUCHERS

Most current promotional offers on the Relevant Sites are applied directly to the original price of the Products and are immediately visible in the Customer’s cart. Other promotions are based on a promo code specified on the relevant Site or by email sent to the Customer. The Customer must enter this code when validating their cart in the “Promo code” field intended for this purpose. The discount or the free Product will then be applied automatically. If the code does not work, this means that it has expired or that the category and/or brand of the Product chosen by the Customer is excluded from the offer.

Gift vouchers have a limited period of validity. The Customer may at any time find their gift vouchers in their personal space on the Site, together with their amount and expiry date.

Each gift voucher is for single use; however, a discount code may be single-use if issued in the Customer’s name for a particular customer, or may be multi-use because it is intended for several customers and/or during specific promotional operations.

ARTICLE 8: EXPORT AND VAT-EXEMPT SALES

8.1 Delivery in France and the European Union with Tax Refund

According to the applicable tax law, tax refund applies to travellers who usually reside in a non-member State of the European Union or in a third State. VAT may be deducted from the price of goods purchased in France in the same store, on the same day, and must exceed 175 euros. Customer purchases delivered within the EU customs territory and subject to VAT are invoiced inclusive of VAT.

The following 4 conditions are necessary to be eligible for VAT reimbursement:

  1. Have habitual residence in a non-member State of the European Union or in a third State (the billing address must be the residence address abroad).
  2. Make a purchase exceeding €175 including VAT (excluding shipping costs and service fees)
  3. Have the goods delivered in France.
  4.  Leave the European Union via a customs office (the stay in France must have lasted less than 6 months).

Countries outside mainland France (French Guiana, Martinique, Guadeloupe, Réunion, Mayotte, etc.) are excluded from the tax refund form system.

At any time, customs may cancel a tax refund form if one of these conditions is not met. In such case, DECLENE will not be able to proceed with the reimbursement.

8.2 How to benefit from the tax refund system, the steps to follow are as follows:

  1. At the time of the Order, the Customer must request a tax refund form at step 3 of the cart.
  2. Once the Order has been placed, the Customer must send their supporting documents to the following email address contact@gorillaropes.com or via the contact page
  3. Mandatory supporting documents to be sent to DECLENE in order to process a tax refund:
    • Traveller of foreign nationality: valid passport.
    • Traveller of French nationality: valid passport 
    • Consular registration card or certificate of registration in the register of French nationals established outside France

The form and the invoice must be issued on the same day. The Customer must therefore send the supporting documents as soon as possible (otherwise the dispatch of the Order may be delayed).

  1. Once the supporting documents have been received, DECLENE will send the tax refund form to the Customer. The Customer will receive the tax refund form by email at the time the Order is shipped. Please note that the tax refund form can no longer be requested after the Order has been shipped.
  2. Once the tax refund form has been received, the Customer must have it validated automatically at a PABLO terminal or, failing that, have it stamped by a customs officer.
  3. If the Customer has validated their form at a PABLO terminal, they do not need to take any further steps. If the form has been stamped by a customs officer, the Customer must return to DECLENE the original tax refund form signed by the customs officer.
  4. Once the tax refund form has been received, DECLENE will refund the VAT to the Customer within a maximum period of one month after validation of the tax refund or after receipt of the form by post (in the event that it has not been validated at a PABLO terminal). Please note that the form is only valid for three months.

For more information on VAT reimbursement procedures, the Customer may consult the VAT-exempt sales conditions available at the bottom of the Site pages.

ARTICLE 9: DELIVERY TERMS

The Products are delivered to the address indicated by the Customer when placing the Order. The Customer will be informed by email of the shipment of their Order.

9.1. Delivery in mainland France

Shipping costs: Shipping costs will be calculated automatically in the cart and depend on the Products ordered and the carrier selected.

Preparation and processing times for the Products prior to shipment by DECLENE: All Orders with express delivery containing items in stock are, in principle, shipped within 24 business hours from validation of the Order. Delivery times for the Products by the carriers: The Customer chooses their delivery method when validating the Order. For bulky Products, the mode of transport (postal circuit or independent carrier) is determined automatically according to the weight, volume and value of the Products ordered.

Orders are delivered within a maximum standard period of 20 business days from the date of shipment of the Products, unless a longer period is expressly brought to the Customer’s attention at the time of the Order and/or on the Product sheets. This 20-day period may exceptionally be increased by 10 business days in the event of a high volume of Orders, particularly during sales periods and year-end holidays.

The Customer will be informed of the progress of transportation of their Order directly by the carrier (via email or SMS) and may also consult the tracking of their Order on the Site via their user space. For more information, the Customer may refer to the website of the carrier concerned.

9.2. Delivery outside mainland France and international delivery

The delivery conditions for bulky products and the associated fees may differ depending on the area (for example overseas military bases) or the country of destination.

Accordingly, DECLENE cannot deliver Orders to bases or other military premises outside mainland France.

Outside mainland France, certain bulky Products cannot be purchased directly on the Sites. In this case, and for any shipment outside mainland France, the Customer may send a quotation request to DECLENE, which will find the most suitable and least expensive means of transport to send the Order as quickly as possible.

Transport costs are calculated automatically (according to the weight or volume of the parcel) at the cart stage when the Customer selects their country of delivery. If the Customer benefits from VAT-exempt invoicing, the cart will automatically take this into account, except for certain bulky Products.

If the Order is destined for countries outside mainland France, outside the EEC, or outside the European taxable zone (Canary Islands, Malta), DECLENE informs the Customer that:

● The invoicing of the Order will not be subject to French VAT;

● The Order may be subject to import duties and taxes which will be applied upon delivery. DECLENE has no control over these charges and cannot predict their amount. Payment of these import duties and taxes is borne by the Customer. The Customer may contact the local customs office for more information before placing an Order;

● DECLENE cannot be held liable if the Customer does not pay these import duties or taxes; in such case, the parcel may be returned to DECLENE’s premises or destroyed;

● The Customer must comply with all laws and regulations in force in the country of destination of the Products. DECLENE cannot be held liable if the Customer breaches these laws;

● If the Customer returns Products from an address outside mainland France or outside the European taxable zone (Canary Islands, Malta), they must ensure that “Return to supplier” or a similar wording is clearly written on the parcel.

9.3. Receipt of the Products by the Customer and delivery issues caused by the carrier

Upon receipt of the Order, the Customer must check the conformity of the Products delivered before signing the carrier’s delivery note.

Any anomaly concerning the delivery (damage, missing Product compared with the delivery note, damaged parcels, broken Products, box repackaged by the carrier using its own tape, etc.) must imperatively be indicated on the delivery note in the form of “handwritten reservations” accompanied by the Customer’s signature. The Customer is responsible for the proper drafting of these reservations, which determine the opening of the dispute and the refund. Any claim not complying with this procedure will be rejected.

DECLENE may request a sworn statement concerning a transport problem (notably a non-delivered item). This document must be accompanied by a copy of the identity card. 

The Customer must also report the anomalies by registered letter and confirm their reservations to the carrier no later than within 3 working days following receipt of the item(s). In the case of a shipment made by La Poste, if the parcel arrives open or damaged, it is essential that the Customer has the delivery agent on whom they depend draw up a “constat de spoliation” (report 170) so that DECLENE can open an investigation and compensation procedure. The Customer must simultaneously send a copy of this letter (with the original “constat de spoliation”, where applicable) by standard mail to DECLENE SAS Customer Claims Department.

If the Products require return, they must be the subject of a return request to DECLENE Customer Service within 7 days following delivery. Any claim made after this period cannot be accepted.

9.4. Late delivery

In the event of a delivery delay of more than four days compared with the date indicated in the shipping email, the Customer must check with the carrier that the parcel is not awaiting collection and then, if necessary, report this delay to DECLENE by telephone or email. DECLENE will then contact the carrier to start an investigation.

ARTICLE 10: RIGHT OF WITHDRAWAL, RETURN AND REFUND

10.1. Period and procedures for exercising the right of withdrawal

In accordance with Article L221-18 of the French Consumer Code, the consumer has a period of 30 days from the day following the delivery date of their Order to return any Product that does not suit them, without having to state a reason, and request a refund without penalty. In the case of an Order relating to several Products delivered separately, or in the case of an Order for a Product composed of lots or multiple parts delivered over a defined period, the withdrawal period runs from receipt of the last Product or lot or the last part.

After this 30-day period, DECLENE reserves the right, on a commercial basis, to take back one or more items at a price equal to or lower than the initial purchase price.

Any withdrawal request must be notified in writing to DECLENE by following the instructions available on the page "Return policy".

The Customer may also complete and send to DECLENE the model withdrawal form appearing at the bottom of these GTC via the contact page or by post to DECLENE, Returns Department, 7 rue des Prés Biards 22430 Erquy, France.

In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal may not be exercised for the following Products:

  • Products containing audio or video recordings or computer software if they have been unsealed by the Customer after delivery (CDs, DVDs, navigation SD cards)
  • Products made to the Customer’s specifications or clearly personalized (rope)
  • Opened Products that cannot be returned for reasons of hygiene or health protection 
  • Products which, after having been delivered, are inseparably mixed with other goods of the Customer due to their nature
  • Products whose price depends on fluctuations in the financial market beyond DECLENE’s control and likely to occur during the withdrawal period.

10.2. Product return procedures within the framework of the right of withdrawal

If the Customer exercises their right of withdrawal, they must return the Product no later than within 30 days following the communication of their decision to withdraw to DECLENE. The Customer must return the relevant Product(s) to DECLENE SAS Returns Department (see our contact details in article 17).

The Products must be returned in their packaging and in their original condition, accompanied by all accessories and instructions, and unused. Any Product that has been damaged, is incomplete, or whose original packaging has been deteriorated cannot be refunded. The Customer’s liability is only engaged in respect of any depreciation of the Product resulting from handling other than what is necessary to establish the nature, characteristics and proper functioning of the goods.

Return costs shall be borne by the Customer. Products returned carriage forward or cash on delivery will systematically be refused by DECLENE and returned to their sender. To return so-called “oversized” Products, the Customer may use their own means or use the services of a carrier. The Customer is informed that for Products longer than 1.50 meters and/or weighing more than 15 kg, return costs may exceed €80 depending on the carrier chosen.

DECLENE recommends choosing an insured mode of transport (carrier, or registered mail with acknowledgment of receipt). Any loss, damage or delay affecting a return parcel remains the Customer’s responsibility until the return parcel is received by DECLENE.

10.3. Refund, credit note and exchange within the framework of the right of withdrawal

Within the framework of the exercise of their right of withdrawal and in accordance with Article L. 221-24 of the French Consumer Code, the Customer may request a refund for the Product.

Refund: DECLENE will refund the Customer the total sums actually paid for the relevant Product(s), including the delivery costs of the order. Reimbursement of the delivery costs of the Order will be based on the cost of the least expensive standard delivery offered on the Site, regardless of the amount of delivery costs paid when placing the Order. The difference in cost between standard delivery and another non-standard delivery method chosen by the Customer when placing the Order (for example: express delivery) shall therefore remain borne by the Customer.

DECLENE will refund the Customer no later than within 30 days from the date on which it is informed of the Customer’s decision to withdraw. DECLENE may, however, defer the refund until recovery of the Product(s) returned or until the Customer has provided proof of shipment of the Product, the date retained being that of the first of these events. DECLENE issues the refund using the same means of payment as that used for payment of the Order, unless otherwise agreed by the Customer. If this means of payment has expired, the Customer must contact DECLENE to change the method of reimbursement.

Gift voucher: The refund of an Order paid for with a gift voucher, gift card or store credit will automatically be issued as store credit. The store credit will be valid for 1 year and its amount may under no circumstances be refunded if the period of validity expires.

Product exchange: DECLENE does not accept exchange requests. If the Customer wishes to exchange the Product, they must first exercise their right of withdrawal and return the Product if it has been received, and then place a new Order.

10.4 Refund procedures

Once the parcel has been delivered to us, it will be processed within 2 to 4 days ( an email will be sent to you as soon as the parcel is being processed ).

DECLENE will refund the Products at their purchase price, including delivery costs.

The refund will be made using the same payment method as your order. In the vast majority of cases, we will simply credit your bank card again and the credit will appear in your bank account within 2 to 4 days after the refund.

If you benefited from an overall discount on your order, this discount is deducted pro rata from the items ordered.

In the event of an order containing several items, and where the shipping costs paid were not a flat fee, we will refund the shipping costs in proportion to the number of items returned.

Special cases regarding refunds:

Bundled items

Please note that for bundled items (that is to say where a main item is associated in the same order with one or more products at a preferential price), you must return all the items to us.

You may, if you wish, keep one or more accessory items, which will then be invoiced at the normal price (excluding discount), and the difference (between the normal price and the discounted price) will be deducted from the refund of the returned main product.

Promo code or flat-rate discount thanks to a minimum order amount

If your order benefited from an overall flat-rate discount and if this discount was activated thanks to a minimum order threshold being reached, we may deduct this discount from your refund if the new total (after deduction of the items returned) is below the threshold triggering the discount.

Refund if the new total (after deduction of the items returned) is below the threshold triggering the discount.

Free shipping thanks to a minimum order amount

If you benefited from a promotional offer on shipping costs subject to a minimum order amount, we may deduct from your refund the shipping costs (economic mode) corresponding to what you would have paid if the order threshold had not been reached.

ARTICLE 11: GUARANTEES AND AFTER-SALES SERVICE

When purchasing a Product, the consumer benefits from 3 types of guarantee: the commercial guarantee (also called manufacturer’s guarantee), the legal guarantee of conformity (pursuant to Articles L217-1 and L224-25-12 et seq. of the French Consumer Code), as well as the legal guarantee against hidden defects (pursuant to Articles 1641 to 1649 of the French Civil Code).

11.1. Commercial guarantee

The commercial guarantee allows the Customer to obtain reimbursement of the Product, have it repaired or replaced in the event of breakdown. It is optional and freely offered by the manufacturer under its own conditions and cannot give rise to liability on the part of DECLENE. It is in addition to the legal guarantees of conformity and against hidden defects.

The commercial guarantee applies only to new Products. It is generally valid for one year, parts and labor included. The scope and duration of this guarantee may nevertheless vary depending on the manufacturers and the brand of the Product. The Customer may consult the exact terms of the guarantees on the manufacturer’s website or in the Product instructions.

  • Generally, commercial guarantees do not cover:
    • Replacement of consumables (batteries, bulbs, fuses, etc.),
    • Abnormal or improper use of the Products,
    • Damage due to intervention by a repairer not approved by the manufacturer,
    • Damage resulting from an external cause (for example, accident, impact, overinflation, oxidation, presence of sand, etc.).

To benefit from the Product guarantee, it is imperative to keep the purchase invoice of the Product, which may be printed at any time from the Customer’s personal space.

In the case of Products damaged during use, the manufacturer may request return of the Product at the Customer’s expense for expert assessment - this return must be made either to the manufacturer’s headquarters or to DECLENE’s headquarters. It is then up to the manufacturer, after expertise, to give agreement or refusal for coverage under the commercial guarantee.

It is important to note that a free repair of a Product does not automatically mean acceptance of guarantee coverage. Very often, the manufacturer may make a commercial gesture and carry out a repair free of charge while refusing guarantee coverage on the grounds of misuse (impact, improper use, etc.). Only written correspondence from the manufacturer constitutes acceptance of coverage under a commercial guarantee.

In the event of agreement to cover under the commercial guarantee, only the defective part may be covered. Likewise, the Product may be either repaired or replaced depending on the manufacturer’s policy. DECLENE cannot be held liable in the event the manufacturer refuses to apply its commercial guarantee.

It is recalled that the commercial guarantee applies independently of the provisions relating to the legal guarantee of conformity and the guarantee against hidden defects.

11.2. Legal guarantee of conformity and legal guarantee against hidden defects

1. Legal guarantee of conformity

The legal guarantee of conformity means the guarantee that the Product purchased is fit for the expected use and matches the description given in the technical sheet of the Product drafted by DECLENE. It applies to defects present and visible on the date of purchase or delivery of the Product.

The Customer has a period of two (2) years from delivery of the goods to obtain implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the Customer is only required to establish the existence of the lack of conformity and not the date of its appearance.

Where the sales contract for the goods provides for the continuous supply of digital content or a digital service over a period exceeding two years, the legal guarantee shall apply to such digital content or digital service throughout the planned period of supply. During this period, the Customer is only required to establish the existence of the lack of conformity affecting the digital content or digital service, and not the date of its appearance. The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity entitles the Customer to have the goods repaired or replaced within thirty (30) days following their request, free of charge and without major inconvenience to them. If the goods are repaired under the legal guarantee of conformity, the Customer benefits from an extension of six (6) months of the initial guarantee.

If the Customer requests repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two (2) years from the date of replacement of the goods.

The Customer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund against return of the goods, if:

  1. The professional 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 Customer, particularly where the consumer definitively bears the costs of taking back or removing the non-conforming goods, or if they bear the installation costs of 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 Customer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious that it justifies the immediate reduction in price or rescission of the contract. The Customer is then not required to request repair or replacement of the goods beforehand.

The Customer is not entitled to rescission of the sale if the lack of conformity is minor.

Any period during which the goods are out of service for repair or replacement suspends the guarantee that remained to run until delivery of the repaired goods.

The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.

The seller who obstructs in bad faith the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which may be increased up to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).

The legal guarantee of conformity does not apply to Products modified, repaired, integrated by the Customer or defective due to improper use by the Customer.

2. Legal guarantee against hidden defects

  • The legal guarantee against hidden defects or flaws applies under the following conditions:
  • The defect was hidden and therefore not apparent at the time of purchase,
  • The defect existed on the date of purchase of the Product,
  • The defect renders the Product unusable or substantially reduces its use.

The Customer benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two (2) years from discovery of the defect. This guarantee gives the right to a price reduction if the goods are kept, or to a full refund against return of the goods.

The guarantee against hidden defects does not apply to apparent defects, or defects which the Customer knew of or could not have been unaware of when placing the Order.

ARTICLE 12: LIMITATION OF LIABILITY

12.1. Access to the Site

In the event of impossibility of access to the Site due to technical problems or any other nature, the Customer may not claim any damage and shall not be entitled to any compensation. The unavailability, even prolonged and without any limitation in duration, of one or more Products cannot constitute prejudice to the Customer and cannot in any way give rise to the award of damages on the part of DECLENE. 
DECLENE may under no circumstances be held liable for non-performance of the contract attributable to an event of force majeure, as understood by the French courts.

12.2. Visual representation of the Products

The images (photo, visual) presented on the Product sheets do not fall within the contractual scope and DECLENE cannot be held liable if errors have been introduced therein. The Customer accepts that the rendering of these images, notably in terms of colors or shape, may vary significantly from one computer to another or differ from reality depending on the quality of graphic accessories and the screen or on display resolution. These variations and differences may under no circumstances be attributed to DECLENE, which cannot in any way be held liable on this account.

All texts and images created by DECLENE and presented on the Site are reserved worldwide under copyright and intellectual property rights; their reproduction, even partial, is strictly prohibited. The images (photo, visual) representing the items for sale provided by the brands remain the exclusive property of the brands and their author. The publication of information and/or images provided by a supplier is made under the sole responsibility of the latter and cannot give rise to DECLENE’s liability.

12.3. Products sold on the Site

DECLENE undertakes to comply with all applicable provisions in force in France and cannot be held liable for non-compliance with the regulatory and legislative provisions in force in other countries. DECLENE may under no circumstances be held liable for misuse of the Products, poor maintenance of the Products, accidental damage or abusive use of the Products.

The total or partial impossibility of using the Products, notably due to incompatibility of equipment, cannot give rise to any compensation, refund or liability on the part of DECLENE, the Customer remaining the sole judge of the compatibility of the Products ordered with those already in their possession.
Since the Products offered for sale on the Site are sold uninstalled, the Customer declares that they are responsible for installing the Products and must do so in accordance with best practice and with the instructions for use.

DECLENE cannot be held liable for any unavailability of Products in the event of stock shortage or supply failure by its suppliers, or in the event of any other event caused by force majeure as defined in section 12.6 below. In particular, DECLENE cannot be held liable for delivery delays due to errors or disruptions attributable to carriers (notably total or partial strikes by postal services and means of transport and/or communications). Other events (for example: a pandemic) may extend delivery times. 
DECLENE cannot be held liable for any data entry errors by the Customer when placing the Order and the consequences thereof in terms of delay or delivery error.

12.4. Hyperlinks

The hyperlinks present on this Site may refer to other websites and DECLENE cannot be held liable if the content of these sites contravenes the legislation in force. Likewise, DECLENE cannot be held liable if the Customer’s visit to one of these sites causes them harm.

12.5. User account

If the data contained in the user account were to disappear following an accidental event, technical breakdown or force majeure, DECLENE cannot be held liable, since this information has no evidential value and is for information purposes only. DECLENE nevertheless undertakes to securely keep all contractual elements whose retention is required by law or regulation in force.

12.6. Force majeure

Neither Party shall have failed in its contractual obligations insofar as their performance is delayed, hindered or prevented by an event of force majeure.

Force majeure shall mean any event beyond the control of one of the Parties, which could not reasonably have been foreseen at the time of conclusion of the GTC and whose effects cannot be avoided by appropriate measures, which prevents performance of its obligation by one of the Parties.

Expressly, the following cases are considered force majeure, in addition to those usually retained by the case law of French courts and tribunals:

  • Blockage of means of transport or supplies,
  • Natural disasters (notably earthquakes, fires, storms, floods, lightning);
  • Shutdown of telecommunications networks or difficulties specific to telecommunications networks.
  • Pandemics.

The Party affected by such circumstances shall notify the other within ten business days following the date on which it becomes aware thereof. The two Parties shall then consult each other within one month, unless impossible due to the force majeure event, in order to examine the impact of the event and agree on the conditions under which performance of the GTC shall continue. If the event of force majeure lasts more than three months, the GTC may be terminated by the injured Party.

ARTICLE 13: RETENTION OF TITLE CLAUSE

The Products remain the property of DECLENE until full receipt by DECLENE of the payment made by the Customer. Risks relating to the Products are transferred to the Customer upon delivery of the Products to the Customer.

ARTICLE 14: PERSONAL DATA

DECLENE collects and processes personal data relating to Customers for the purposes, in particular, of managing Orders placed by them. In this respect, DECLENE undertakes to comply with the applicable regulations, namely European Regulation No. 2016-679 of 27 April 2016 (known as the “GDPR”) and French Law No. 78-17 of 6 January 1978 known as “Informatique & Libertés”.

To learn more about the protection of their personal data and to know and exercise their rights, Customers may consult the Privacy Policy available on the Site: See the privacy policy page

ARTICLE 15: PUBLICATION OF CONTENT BY THE USER

The Site provides a number of content publication tools (news, video, Product reviews, Product ratings, comments, equipment tests, etc.).

Even if many publications are automatic, DECLENE reserves the right to control, publish or refuse (a priori or a posteriori) certain contents. DECLENE also reserves the right to delete or modify any content that appears unlawful to it or that violates the GTC (including after its publication), without prior notice or compensation.

The texts, photos and videos published on the Site are under the sole responsibility of their author. DECLENE cannot be held liable for content published in the editorial sections of the Site. The authors warrant that the content published on the Site:

  • Relates to an ordered Product and/or the ordering experience with DECLENE.
  • Does not infringe the rights of third parties, notably, without this list being exhaustive, any intellectual property right of said third party (notably copyright, trademark rights, patent rights), image rights, rights in information covered by secrecy or confidentiality obligations.
  •  Strictly complies with public order and accepted standards of decency and does not concern unlawful or illegal activity
  • Is not inappropriate, insulting, defamatory, discriminatory, accusatory or racist
  • Does not disparage a Product or a brand for the sole purpose of damaging its image.
  • Does not mention DECLENE’s competitors and does not encourage purchases from a competitor.
  • Does not contain promotional elements and is not considered spam.

ARTICLE 16: APPLICABLE LAW – JURISDICTION – MEDIATION

The GTC and the sale of the Products on the Site are governed by French law, to the exclusion of the provisions of the Vienna Convention of 11 April 1980 on the International Sale of Goods. In accordance with the provisions of the French Consumer Code concerning the mediation process for consumer disputes, the Customer has the right to have recourse, free of charge, to a consumer mediator (natural or legal person) with a view to the amicable resolution of the dispute between them and a professional.

Handling of complaints : The Parties shall nevertheless endeavour to settle amicably and in good faith all disputes that may arise between them concerning the interpretation, partial or total performance, or non-performance of the GTC. Any disputes that may arise in connection with the performance of the GTC may, prior to any legal action, be the subject of a written complaint to DECLENE’s Customer Service with a view to an amicable settlement (see our contact details in article 17).

Dispute mediation: DECLENE SAS is a member of the CM2C mediation service. In the event of a dispute not resolved by an amicable solution following a written complaint by the Customer to DECLENE, the Customer may submit the dispute to the mediation service electronically via https://www.cm2c.net, and/or by post: CM2C, 49 rue de Ponthieu, 75008 Paris. The mediation service may be seized of any commercial dispute related to the sale of a Product or service purchased remotely, subject to compliance with the conditions for admissibility of the file.

The solution proposed by the mediator is not binding on the Parties, who remain free at any time to leave the Mediation process. In accordance with Article L 612-2 of the French Consumer Code, one of the prior conditions for the mediator to examine the dispute is the following: the consumer must justify having previously attempted to resolve the dispute with the seller.

Consumer mediation is free of charge for consumers, the processing and investigation costs relating to mediation files being borne by professionals. It may only be implemented at the initiative of the consumer (the professional may not initiate it). It must be conducted within a maximum period of 90 days from notification to the Parties by the mediator of their referral. In the event of a complex dispute, this period may be extended; the Parties will then be informed thereof.

The European Commission has set up a dispute resolution platform intended to collect possible consumer complaints. This platform is accessible here 

Competent jurisdiction: Failing amicable agreement, any legal action relating to the conclusion, interpretation, performance or termination of the GTC shall be submitted to the competent court of the place of residence of the defendant or, at the claimant’s choice, of the place of effective delivery of the Product in accordance with Articles 42 and 46 of the French Code of Civil Procedure.

It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal actions.

ARTICLE 17: FINAL PROVISIONS

17.1. Partial invalidity

If one or more provisions of the GTC are held invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.

17.2. No waiver

The fact that one of the Parties does not rely on a breach by the other Party of one of the obligations referred to in the GTC shall not be interpreted for the future as a waiver of the obligation in question.

17.3. Interpretation

In the event of difficulty in interpretation between one of the headings appearing at the beginning of a clause of the GTC and the provisions of said clause, the heading shall be declared non-existent.

17.4. Severability

If one of the clauses of the GTC is declared null and void by a court decision, such nullity shall not result in the nullity of all the other clauses, which shall continue to have effect.

17.5. DECLENE’s contact details:

Postal address:

DECLENE SAS  7 rue des Prés Biards 22430 ERQUY FRANCE

APPENDIX: MODEL WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract. If possible, please also specify your Order number.) 

For the attention of: DECLENE, 7 rue des Prés Biards 22430 Erquy

In accordance with Article L. 221-18 of the French Consumer Code, I hereby notify you of my withdrawal from the contract relating to the sale of the Product(s) below:

Specify the Product(s) concerned

Received on [indicate delivery date]

Name of the consumer Customer: [to be completed]

Address of the consumer Customer: [to be completed] Signature of the consumer Customer (only in the event of notification of this form on paper): [to be completed where applicable]

Date: [to be completed]