The Seller’s principal activity is the sale of clothing and fashion accessories. The Seller is responsible for the marketing of the Products and/or the above-mentioned services via the site. The list of the Seller’s proposed online Products and services can be found on the website www.eshop.travauxencours.com. The parties agree that their relations will be exclusively governed by the present contract, to the exclusion of any condition previously available on the Seller’s site. The Seller reserves the right to amend, at any time and without prior notice, the present general terms and conditions of sale by publishing a new version on the site. The applicable general terms and conditions of sale are those in effect at the date the order is confirmed.
Article 1: Definitions
For the interpretation and Implementation of the present contract, the terms and expressions hereafter mean:
“Article”: any ordered goods;
“Product”: any product for sale on the site;
“Order”: any request for Products or Services made by the Customer to the Seller;
“General terms and conditions of Sale”: the general terms and conditions of sale that are the object of this present contract;
“Contract”: this present act, including its preamble and any appendices as well as any amendment, substitution, extension or renewal of the present under the terms agreed by the Parties;
“Delivery period”: period between the date the Order is confirmed and the date the Order is delivered to the Customer;
“Delivery costs”: cost incurred by the Seller for dispatching the Order to the delivery address indicated by the Customer;
“Delivery”: dispatching the Article to the Customer;
“Delivery Method”: indicates any method of standard or fast delivery available on the Site at the time of the Order;
“Price”: the unit value of a Product or a Service; this value is inclusive of tax but excludes Delivery costs ;
“Total price”: the full amount of the cumulative Prices of the ordered Products and Services; this amount is inclusive of tax;
“All Included Price”: the Total price including delivery costs; this amount is inclusive of tax;
“Service”: any service sold on the Site;
“Site”: the Online sales site “www.eshop.travauxencours.com” used by the Seller for the marketing of their Products/Services;
“Online sales”: marketing of the Seller’s Products and Services via the Site;
Article 2: Object
The objective of this Contract is to define the rights and obligations of the Parties in the framework of the Online sale of Products and services:
- by the Seller: SARL FERGAU Développement (ltd. Company), TRAVAUX EN COURS, editor of www.eshop.travauxencours.com registered with the Fréjus Trade and Companies Registry under the BI number 43205559800036, APE Code 1419Z, whose head office is located at Centre SIGMA, Bd du Cerceron, Rond-Point Delli-Zotti, 83700 SAINT-RAPHAEL Tel: 0033(0) 494 510 520; Fax: 0033(0); Mail: email@example.com
A limited liability company with a capital of €15,300 and whose Intra-community VAT number is FR 41 519 233 282
- to the Customer: any person visiting or purchasing on the www.eshop.travauxencours.com site.
Any person registering on the site must accept and adhere to these general terms and conditions of sale without reserve.
No purchase can be made on the site without first having accepted these conditions. The Customer can consult the general terms and conditions of sale at any time by clicking on “General terms and conditions of sale” at the bottom of the screen.
The Customer acknowledges their legal capacity and competence to enter agreements and be legally bound by the present contract, i.e. have the legal age and not be under supervision or trusteeship, or have parental authorization allowing them to place an order under this contract.
The present General terms of Sale are reserved for consumers, in the legal sense, acting exclusively for their own account.
In accordance with articles L. 111-1 and L. 111-3 of the French Consumer Code, the main characteristics and prices of the Products and Services sold online are available on the Site.
The Seller will also provide the consumer with information concerning their identity, postal address, telephone number, online contact address and business activities as well as, if applicable, details relating to legal warranties, digital contents and, if necessary, their interoperability, the existence and implementation details of warranties and other contractual conditions, in accordance with articles R. 111-1 and R. 111-2 of the French Consumer Code.
In addition, the Customer will receive the information laid out in articles L. 121-8 and L. 121-19 of the French Consumer Code, prior and subsequent to the conclusion of the sale and notably by means of the present General terms and Conditions of Sale.
The present General Terms and Conditions of Sale are applicable to all online sales by the Seller of Products and Services through the Site.
The Customer acknowledges having read and understood these General Terms and Conditions of Sale before confirming their Order and in reference to Article 5. Order confirmation is thus considered as acceptance of the present General Terms and Conditions of Sale, without restriction or reserve.
The present General Terms and Conditions of Sale are applicable for any Orders to be delivered in France or abroad.
The present Contract comes into effect on the date of confirmation of the Order as defined in Article 5.
The Contract is concluded for the duration necessary for the supply of the Products and Services and until the warranties and obligations due by the Seller reach term.
The Orders are received exclusively on Internet.
To place an order on the www.eshop.travauxencours.com site, you must be registered. When registering, you will be assigned a login and password.
Data related to orders is stored on reliable and durable computer supports. This data and the recorded confirmation are considered as proof of the transaction. You acknowledge having read and understood this.
The confirmation of the order is considered as the signing and acceptance of the operations carried out. A confirmation email, acknowledging reception of the Order and restating all the relative information, will then be sent to the Customer as soon as is possible.
The Customer is thus required to provide a valid email address when giving information relative to their identity.
Delivery will be made to the delivery address indicated by the Customer during the ordering process. When carrying out the above-mentioned steps of the Order, the Customer undertakes to observe the present contractual conditions by application of article 1316-1 of the French Civil Code.
The Seller undertakes to deliver the Order within the limit of stocks available. In the absence of available stock, the Seller will inform the Customer. However, in accordance with article L. 122-1 of the French Consumer Code, the Seller reserves the right to refuse the Order if it anomalous, passed in bad faith or for any other legitimate reason, and notably, when there is a litigation with the Purchaser concerning the payment of a previous order.
The Price of the Products and Services sold on the Site is quoted by article and reference. At the time of Order Confirmation, the price to be paid is the All Included Price. The price is indicated in euros including tax (VAT and other taxes applicable on the day of order), unless otherwise specified and excluding processing and delivery charges.
All orders, whatever their origin, are both invoiced and payable in euros.
Travaux En Cours reserves the right to change their prices at any time, although the product will be invoiced on the basis of the price quoted at the time the order was confirmed and this subject to availability. The validity period of offers and Prices is determined by the updating of the Site
The Products remain the property of Travaux En Cours until full payment of the sale price has been received.
The www.eshop.travauxencours.com website sells articles of clothing and fashion accessories. The products on sale are photographed and described as clearly and truthfully as possible. However, there could be errors or omissions. Likewise, variations in the colors of the articles are possible depending on the web browser or screen used.
The Parties agree that the photographs of the Products on sale on the site do not have any contractual value.
If any errors or omissions should occur concerning their representation, Travaux En Cours cannot be held liable. The Products on sale are those described and visible on the site.
The offer of products is valid within the limit of available stock.
The Customer is informed of stock availability on the information page for each product on the site.
However, errors regarding this are possible due to stock updating.
Any claim by the Customer concerning the ordering or delivery of non-available Articles will be regarded as non-founded.
The availability and delivery of a product are only guaranteed once we have sent the order confirmation e-mail to the Purchaser.
In the event a Product is unavailable after an order has already been placed and confirmed, the Customer will be informed by email. All or part of the order will be cancelled and refunded within 14 working days maximum by a credit card, Paypal or check (according to the payment method initially chosen).
Any available articles ordered at the same time cannot be cancelled.
Payment is made under the conditions outlined during ordering.
Delivery charges are payable by the Customer and paid online at the time of ordering.
Payment is due for all purchases at the time the order is placed.
On the www.eshop.travauxencours.com site, purchases are paid for at the time of ordering by:
- credit card
- check (for orders placed in France)
a. Credit card payments/Paypal
In accordance with the article L. 132-2 of the monetary and financial Code, payment made by means of a credit card is irrevocable. By communicating their credit card details, the Customer authorizes the Seller to use their credit card for payment of the All Included Price.
For this purpose, the Customer confirms that they are the holder of the credit card to be debited and that the name on the card is indeed their own. The Customer gives the sixteen-figure number and expiry date of their credit card and, if necessary, the three digits of the visual cryptogram. Should it be impossible to debit the All Included Price from the said card, the Online sale will be rightfully, immediately and automatically stopped and the Order cancelled.
The Seller will make every effort to ensure the confidentiality and security of any data transmitted through the Site.
Payment will be made through a secure banking system (the Société Generale Sogenactif system) and only debited from your card when your parcel is dispatched. This means that payment will not be cashed until your order is ready to be dispatched.
Payments by Paypal are also cashed upon dispatch of your order.
3D Secure is a program created by International Visa (Verified By Visa) and Mastercard (Mastercard Secure Codes) in order to strengthen security of online payments. It involves the installation of an additional verification system when buying online: in addition to providing bank details, the purchaser is requested to enter personal data allowing their bank to identify them and approve the operation. Authenticity methods are specific to each bank.
b. Payment by check (payable to Travaux en cours)
If payment is by check, the order is reserved for 5 working days. Beyond this date, if the check has not been received, the order is cancelled. Payment by bank check is only possible on French euro accounts. In the event of payment by check, the check will be cashed upon reception. Only once the check is cashed will Travaux En Cour process your order. Checks are to be made out to ‘Travaux En Cours’ and sent to: Centre SIGMA, Bd du Cerceron, Rond-Point Delli-Zotti, 83700 SAINT-RAPHAEL. In the event a check (checks) is (are) rejected, Travaux En Cours reserve the right to charge the Customer for any bank expenses incurred due to the failed transaction.
OWNERSHIP OF THE PRODUCT SHALL ONLY PASS TO THE CUSTOMER ONCE THE SELLER HAS RECEIVED FULL PAYMENT FOR THE PRODUCT.
The Puchaser will choose one of the Delivery Methods proposed on the Site at the time of placing the Order. The products will be delivered to the delivery address provided by the Customer at the time of ordering. If the delivery address is not provided when registering, the order will be delivered to the invoicing address. In the event of an error in the address, the Seller will not be liable in the event delivery of the Product is impossible.
Transport costs are payable by the Customer and the amount will be included on the order summary. Delivery means the transfer of actual physical possession or control of the Product to the consumer and thus also implies the transfer of risk.
a. How are the articles delivered?
Parcels are delivered by the Post office by either “tracked Colissimo” or “Chronopost”, and handed over upon signature by the addressee or any other duly authorized person. This digitized signature, or its reproduction, is proof that the parcel has been delivered. Colissimo enables you to freely choose where you wish your parcel to be sent, either:
-to the address of your choice (residence, office…) for the parcels up to 30kg: Colissimo with signature
-or to one of the 18,000 withdrawal points around France, Post office, Pick-up point or station for any parcels up to 20kg.
The different delivery options are indicate when you proceed to checkout.
- For Colissimo
For parcels sent to the address of your choice, in the event the intended recipient of the parcel is absent at the indicated address, a notice will be left in the recipient’s postbox. This notice will indicate the address of the Post office where the recipient can collect their parcel. Any parcel picked up in this manner will require the recipient or their duly authorized agent to have proof of identity and to sign a receipt. The parcel shall be available at the nominated post office for 15 consecutive days from the day after the notice was left.
- For Chronopost
In the event the recipient of the parcel is absent, Chronopost will call the Customer in order to agree on a new delivery date or appointment. In the event of repeated absence, the parcel will be left at your nearest post office or Chronopost withdrawal point.
In order for the delivery to go smoothly, it is important the Customer carefully fills in the delivery address box. If necessary, this can be changed by simply contacting customer services or by adding a different address in the ‘My Account’ section or by contacting customer services dealing with the current order.
b. What is the delivery time?
Delivery times are available on the Site and can vary according to availability of the Products ordered. Delivery times start from the moment the Seller confirms the order and correspond to the average time of preparation and routing of the Order.
After reception of the order (or check for the orders paid by check), the corresponding parcel will be entrusted to the Post office:
- either on the same day,
- or the first working day following the order.
From this point on, the Post office will make every effort to ensure delivery of the parcel, or the first delivery notice, to the address indicated.
For Chronopost: the first working day after taking possession of the parcel before 13:00 (from Monday to Friday, except bank holidays, driving bans, cases of force majeure, exceptional circumstances or generally any other circumstances beyond the control of the Post office)
For Colissimo: the second working day following taking possession of the parcel.
In all events, the delivery time should not exceed thirty days.
As soon as the parcel has been sent, the Customer will receive an e-mail to confirm this, including a tracking number enabling them to track their parcel online on www.chronopost.fr for Chronopost or www.coliposte.net for Colissimo.
Incidents (strikes, blocking of road networks etc.) or losses at processing centers can lead to delays. Customer can notify us of any delivery problems arising from this by leaving a message in the ‘Contact’ section of the site, stating their Colissimo or Chronopost number.
Travaux en Cours will not be held liable in the event of extended delivery times resulting from the postal services.
For the other countries
The delivery periods vary from 1 to 10 working days according to the selected delivery method (see the table below).
These delivery times are given as a general indication.
In all cases, the Seller promises to deliver the ordered Product within thirty days from the day following confirmation of the Order, in accordance with article 138-2 of the Consumer Code
c. Shipping costs
Shipping costs depend on the total amount of the order and the delivery method chosen by the Customer. In any event, shipping costs are indicated to the Purchaser before Confirmation of the Order.
Dispatch costs are calculated automatically and are indicated before confirmation of each order.
Delivery is free of charge by Colissimo for orders of 200 euros and above.
Less than this amount, shipping costs are:
- 11.95 euros including tax by Chrono
- 5.95 euros including tax by Colissimo for deliveries to the address of your choice, to post offices and space cityssimo
- 3.95 euros including tax for deliveries to ‘Relais Colis’ pick-up points.
For the other countries
Delivery times (non-guaranteed) vary from 1 to 10 working days according to the destination and the chosen delivery method.
Please find below information concerning shipping abroad
Prices in €
Prices in €
|Colissimo Expert||Chrono Express|
|Germany||2 - 5 days||12||1 - 4 days||24|
|Australia||4 - 10 days||25||/||/|
|Autria||2 - 5 days||14||1 - 4 days||26|
|Belgium||2 - 5 days||12||1 - 4 days||24|
|Canada||4 - 10 days||25||/||/|
|Danemark||4 - 8 days||16||1 - 4 days||26|
|DOM-TOM||4 - 10 days||22||/||/|
|Spain||2 - 5 days||14||1 - 4 days||26|
|Estonia||4 - 8 days||16||1 - 4 days||38|
|United states||4 - 10 days||25||1 - 4 days||50|
|Finland||4 - 6 days||18||1 - 4 days||26|
|Greece||4 - 6 days||18||1 - 4 days||26|
|Hungary||4 - 8 days||16||1 - 4 days||38|
|Irland||2 - 5 days||14||1 - 4 days||26|
|Island||4 - 6 days||18||1 - 4 days||45|
|Italy||2 - 5 days||14||1 - 4 days||26|
|Latvia||4 - 8 days||16||1 - 4 days||38|
|Lithuania||4 - 8 days||16||1 - 4 days||38|
|Luxembourg||2 - 5 days||12||1 - 4 days||24|
|Maurituis||5 - 10 days||25||1 - 4 days||50|
|Norway||4 - 6 days||18||1 - 4 days||45|
|Netherlands||2 - 5 days||12||1 - 4 days||24|
|Poland||4 - 8 days||16||1 - 4 days||38|
|Portugal||2 - 5 days||14||1 - 4 days||26|
|Czech Republic||4 - 8 days||16||1 - 4 days||38|
|United Kingdom||2 - 5 days||14||1 - 4 days||26|
|Slovakia||4 - 8 days||16||1 - 4 days||38|
|Slovenia||4 - 8 days||16||1 - 4 days||38|
|Sweden||4 - 6 days||18||1 - 4 days||26|
|Switzerland||2 - 5 days||14||1 - 4 days||45|
In the event delivery is delayed following the shipping of the Product (thirty days from confirmation of the order), the Customer can cancel the Order and be refunded the price of the Product as well as return costs in accordance with article 138-3 of the Consumer Code.
The Customer can rescind the contract by registered letter with acknowledgement of receipt, after having requested that the delivery be made or the service provided within a reasonable time.
If the Seller informs the Customer by e-mail of a delay in Delivery, the Customer can then decide to cancel the Order by sending a cancellation notice to the Seller by e-mail or registered letter with acknowledgement of receipt.
If the Order has not been dispatched at the time the Seller receives the Customer’s cancellation request, the Delivery is blocked and the Customer will be refunded any sums paid within fourteen days following reception of the cancellation notice. If the Order has already been dispatched at the time the Seller receives the Purchaser’s cancellation notice, the Purchaser can still cancel the Order by refusing the parcel. The Seller will then refund any sums paid as well as any return charges incurred by the Purchaser within fourteen days following reception of the unopened returned parcel in its original state.
e. Delivery problems
The Customer should check the state of the packaging as well as the Articles inside upon Delivery. The Customer should express any reserves or claims they may have at this time and even refuse the parcel if it is clearly damaged upon Delivery. We advise you to systematically check the contents of the parcel in the presence of the carrier in order to check the state of the enclosed Articles, even if the outside packaging shows no evidence of damage. If the contents have been damaged or stolen, you must refuse the parcel and note down your reserves on the delivery form (parcel refused due to it being opened or damaged). Travaux en Cours cannot be held responsible if the Customer does not express any reserves. The aforementioned reserves and claims must be addressed to the carrier by registered letter with acknowledgement of receipt within three working days, not including bank holidays, following the delivery date of the Products. In addition, the Customer must forward a copy of this letter to the Seller. In the absence of a claim within the above-mentioned time the carrier cannot be held liable for the said claim in accordance the article L. 133-3 of Commercial law. To obtain a refund or to exchange the articles (within the limit of stocks available), the Customer must provide detailed information related to the noted problem (e.g. damaged parcel, already opened, etc.). The Customer may be asked to provide a photograph of the damage by e-mail. The Purchaser must check to make sure the delivered Products correspond to the Order. In the event of nonconformity of the Products in kind or in quality with the specifications mentioned in the delivery order, the Customer must inform the Seller by e-mail and return the Products to the following address:
SARL FERGAU Développement, TRAVAUX EN COURS Centre SIGMA, Bd du Cerceron, Rond-Point Delli-Zotti, 83700 SAINTRAPHAEL.
In accordance with provisions laid out in articles L.121-21 and following the Consumer Code, any user of the site has fourteen days from reception of their parcel to return one or more Articles, at their own expense and risk, without having to provide reason. The Customer should address the retraction form mentioned in article L. 121-17, I.2, which can be found on the site, or any other claim void of any ambiguity, expressing their will to retract. If the expiry date for retraction falls on a Saturday, Sunday or bank holiday, the time is extended until midnight of the first working day following.
Each returned parcel will be thoroughly checked and any Articles that are incomplete, damaged, used, dirtied or have clearly been used, cannot be returned and the parcel will be returned to the Customer at their expense.
The Seller will refund the consumer all sums paid, including delivery costs, without unjustified delay and within fourteen days of being informed of the consumer’s decision to retract. For contracts for the sale of products, and unless they propose to recover the Product themselves, the Seller can postpone the refund until the products are returned or until they receive proof that the consumer has forwarded the products, the appointed date being the first of these.
Article 12: Liability
The Products for sale on the site comply with legislation in force in France. Travaux en Cours cannot be held liable in the event of any infringement of legislation of the country where the product is to be delivered. The Customer is responsible for contacting local authorities regarding any import and usage regulations of any products or services they intend to order. Travaux en Cours cannot be held responsible for any damage resulting from misuse of the bought Product.
Travaux en Cours cannot be held responsible for any inconvenience or damage inherent in the use of the Internet network, notably a service breakdown, outside intrusion or the presence of IT viruses.
All content on the www.eshop.travauxencours.com site is, and will remain, the intellectual and exclusive property of Travaux en Cours. It is strictly forbidden to reproduce, exploit, repeat or use in any manner whatsoever, even partially, any of the site content whether it is software, visual or audio. Any simple or hypertext link is strictly forbidden without express written consent from Travaux en Cours.
Travaux en Cours reserve the right to collect Customers’ personal information or data. This information is necessary for managing your orders as well as improving services and information provided. It may also be communicated to related companies such as those in charge of the filling, processing and payment of orders.
This information and data will also be kept for security reasons, in order to meet legal and lawful requirements.
Where the Customer agrees to communicate individual data of a personal kind, they have the right to access, withdraw or amend this data under the conditions provided by the French law n° 78-17, January 6th 1978, that pertains to information technology, data bases and civil liberties. The Customer must address any written request to the following address: SARL FERGAU Développement, TRAVAUX EN COURS Centre SIGMA, Bd du Cerceron, Rond-Point Delli-Zotti, 83700 SAINT-RAPHAEL. - mail : firstname.lastname@example.org.
When creating their customer account on the website, the Purchaser can indicate whether they wish to receive promotional offers from the Seller and their partners.
The Seller is subject to conditions of legal warranties envisaged in articles L. 211-4, L. 211-5 and L. 211-12 of the consumer Code and in articles 1641 and 1648 of the Civil code.
Article L. 211-4 of the consumer Code: “The seller is required to deliver a product that complies with the description given in the contract and respond to any conformity defects that are present on delivery. The seller is also responsible for any lack of compliance resulting from the packaging, assembly or installation instructions when such conformity is covered by the contract or is performed under their responsibility”.
Article L. 211-5 of the Consumer Code: “To comply with the contract, the product must:
1° Be suitable for the use ordinarily expected of similar goods and, if relevant: correspond to the description given by the seller and have the same characteristics of samples or models provided to the purchaser by the seller; have the characteristics the purchaser can legitimately expect in view of public statements made by the seller, the producer or their representative, notably in advertisements or labeling;
2° Or have characteristics mutually agreed upon by the parties or be fit for a special purpose of which the purchaser has informed the seller and the latter has accepted”.
Article L. 211-12 of the Code Code of consumption: “Any action resulting from a conformity defect is limited to two years from delivery of the product”.
Article 1641 of the Civil code: “A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use it was intended, or which so impair that use that the buyer would not have acquired it, or would have given a lower price for it, had they been made aware of them”.
Article 1648 of the Civil code: “The action resulting from latent defects must be brought by the purchaser within two years after discovery of the defect. In the case provided for in 1642-1, Any action must, under penalty of foreclosure, be filed within one year following the date on which the seller can be discharged from the defects or the apparent conformity defects ”
When it concerns the legal conformity warranty, the Customer:
- has two years from the delivery of the Product to act;
- can choose between the repair or the replacement of the Product, subject to the conditions concerning cost set out in the article L. 211-9 of the Consumer Code;
- is exempt from showing proof of the conformity defect of the Product for six months following delivery. This time is increased to twenty-four months as of March 18th, 2016.
The legal conformity warranty applies independently to any agreed commercial warranty.
Lastly, the consumer can decide to implement the warranty against hidden defects of the item sold under article 1641 of the Civil Code and, in this case, can choose between the cancellation of the sale or a reduction of the selling price in accordance with article 1644 of the Civil Code.
The Customer is requested to inform the Seller, within 14 days from reception of the goods, their intention to return/exchange the Product and the reason for this return/exchange. Beyond this time, Travaux en Cours retains the right to refuse the parcel and to return it to the sender.
To return an article, the online purchaser must first inform Travaux en Cours of their intention in order to obtain a return label. The returned article must be unworn and in its original packaging. Any returned article or articles must be sent to: Travaux en Cours, Centre SIGMA, Bd du Cerceron, Rond-Point Delli-Zotti, 83700 SAINT-RAPHAEL.
Any returned products must be accompanied by a written motive for return as well as the return label provided by customer services. The online purchaser must also indicate if they wish to receive a refund or exchange their purchase.
For any questions relating to the returns procedure, please contact our customer services at the following address: email@example.com.
Upon receipt of the returned parcel, Travaux en Cours will send an e-mail to confirm reception and indicate the next steps in the return procedure.
To qualify for product warranty, the customer must retain the purchase invoice for the Product. Such warranties are free of charge to the Purchaser. Postal costs for returned Products are payable by the Seller.
The Seller’s obligations as outlined in the present Contract will be suspended in the event of an act of God or force majeurewhich prevents or delays their execution.
The Seller will inform the Customer of any supervening act of God or force majeure within seven days of the event occurring.
Should the Seller’s obligations be suspended for more than 30 days, the Customer can cancel the pending order and the Seller will refund the Order under the conditions laid out in Article 7.
If any clause of this Contract should be held null and void it will not affect other clauses in the Contract that remain in force between the Parties.
The language in which the present contract has been recorded is French. The present terms and conditions of sale are subject to French law. Any litigation resulting from the form, interpretation or execution of the present Contract will be under the exclusive jurisdiction of the Commercial Court of the region win which the head office of TRAVAUX EN COURS SARL FERGAU DEVELOPPEMENT is based, notwithstanding concurrent defenders or third party complaints.
TRAVAUX EN COURS
Sarl FERGAU Développement
Centre SIGMA, Bd du Cerceron,
Rond-Point Delli-Zotti, 83700 SAINT-RAPHAEL