General Conditions of Sale
The internet site www.rivieras.com (hereinafter the «Site») is edited by the SARL LEISURE SHOES, a French limited liability company with capital of 10,000 euros, whose registered office is located at 4 rue du Marché Saint Honoré, 75001 PARIS, identified with the Registry of Trade and Companies of Paris under no. 519 098 875, VAT intra-community no. FR49519098875, represented by its Managers, Dan AMZALLAG and Fabrizio CORVEDDU (hereinafter «LEISURE SHOES»).
All orders placed on the Site shall be subject to these general conditions of sale (hereinafter the «GCS»).
LEISURE SHOES reserves the right to adapt or modify these GCS at all times; the version of the GCS applicable to any transaction being that appearing on-line at the time of the order on the Site, on which they may be downloaded and registered on a durable medium (PDF).
The GCS shall apply to any transaction carried out on the Site, to the exclusion of any other general conditions of sale or purchase. Placing an order implies the full and entire acceptance of these GCS.
I The Customer
The GCS apply to consumers only, that is, any natural person acting for purposes that do not enter into the framework of his commercial, industrial, crafts, professional or agricultural activity, at least 18 years of age and having the legal capacity or having parental autorisation allowing him to validly place an order on the Site, and acting exclusively on his own behalf (hereinafter the «Customers»).
At the time of entry of his personal data under the heading «my account», the Customer shall ensure himself of the accuracy and exhaustive nature of the data furnished by him, which are indispensable to the processing of his order.
In the case of error, notably in the wording of the contact details of the addressee, LEISURE SHOES shall not be held liable if it is impossible for it to deliver the ordered product.
For security purposes, LEISURE SHOES reserves the right to cancel any order whenever the IP address of the computer used by the Customer comes from a country that is different than the billing and/or delivery address.
II The Products
In accordance with Articles L. 111-1 and L. 112-1 of the French Consumer Code, the essential features and the prices of the products offered for sale on-line on the Site by LEISURE SHOES, as well as the eventual delivery times of the products and warranty conditions shall be available on the Site.
LEISURE SHOES shall use the utmost care in the presentation and description of its products to accommodate the Customer’s information needs. It is, however, possible that minor errors may appear on the Site, which the Customer acknowledges and accepts. The information is purely illustrative.
Similarly, the photographs on the Site shall tend to best present the colors and forms of the products. Nevertheless, in spite of all the care taken by LEISURE SHOES in respect of the presentation of the photographs, minimum differences are liable to exist, it being understood that the setting of the Customer’s computer screen could have a possible influence on the perception of the products. As the photographs do not have any contractual value, these differences are not such as to constitute a ground for LEISURE SHOES’ liability.
In any event, in the case of non-conformity of the product delivered in relation to its description on the Site, the Customer may either exercise his right of withdrawal (Article VI of the GCS), or call in the warranty of conformity of LEISURE SHOES (Article VIII of the GCS), which shall then, as the case may be, and at its election, either exchange the product or reimburse the price (in whole or in part) that may have been invoiced.
Prior to and at the latest before conclusion of the Sale, the Customer shall receive the information provided for at Articles L. 111-1, L. 111-2 and L. 221-5 of the [French] Consumer Code, in a legible and comprehensible manner, both on the Site and by means of these GCS.
III The Order
The taking of the order on the Site shall be subject to compliance with the procedure put into place by LEISURE SHOES, materialised by a succession of various stages that the Customer must necessarily follow in order to validate his order.
It is understood that any order implies payment of the price of the products selected by the Customer.
The sale shall be deemed concluded on the date of LEISURE SHOES’ acceptance of the order. Prior to such date, and in accordance with the provisions of Article L. 221-25 of the [French] Consumer Code, these conditions of sale shall be made available to all purchasers for information purposes only.
Before definitively validating his order, the Customer may verify the the details thereof and its total price and correct any errors before confirming the order in order to express his acceptance.
Any order confirmed by the Customer amounts to a sales agreement and acceptance of all of the terms of these GCS.
In accordance with Article L. 122-11 of the [French] Consumer Code, LEISURE SHOES may refuse any order from a Customer for legitimate reason, notably if it is unacceptable, placed in bad faith or for any other reason, notably if there is a dispute with the Customer or an incident relating to the payment of a prior order or which contravenes the provisions of these GCS. In such event, LEISURE SHOES shall inform the Customer thereof by e-mail. If the Customer fails to correct those elements that are erroneous or contrary to these GCS, LEISURE SHOES reserves the right to not process his order.
A confirmation summarising the order (products, price, availability of the products, quantity, etc.) shall be sent by LEISURE SHOES to the Customer to the e-mail address furnished at the time of the order, and forthwith once the order is validated by the Customer.
For such purpose, the Customer formally accepts the use of e-mails for the confirmation of the content of his order. In any event, invoices shall be remitted at the time of delivery on paper medium or electronic format (PDF).
LEISURE SHOES shall fulfill the order within the limit of available stock. In the absence of available stock LEISURE SHOES shall promptly inform the Customer of this fact.
IV Price and Payment conditions
- Determination of the price
The price of products sold on the Site shall be respectively indicated by article and reference.
The prices of products shall be indicated in euros, inclusive of all taxes, excluding contribution to shipping costs. The total price of the order (excluding taxes outside of the EU/including shipping costs) shall be indicated at stage No. 5 of the payment.
LEISURE SHOES reserves the right to modify its prices at all time. Products shall be invoiced based on the prices in effect at the time the order is entered, subject to availability.
Any telecommunication costs inherent to access to the Site shall be borne exclusively by the Customer.
The term of validity of the offers and prices shall be determined by the updating of the Site. LEISURE SHOES shall not reimburse any possible difference in price between the time of the placing of the order and a subsequent price decrease.
- Terms of payment
Products shall be payable in cash on the day of the actual order.
Payment of purchases shall be made either by:
- Bank card: the Customer shall access a dedicated space made available by a banking establishment, which ensures the security and registration of the payment order. The Customer confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is in fact his. The Customer shall communicate the sixteen figures and the date of expiry of his bank card, as well as the visual cryptogram numbers. In this regard, the Customer expressly acknowledges that communication of his bank card number to LEISURE SHOES amounts to authorisation to debit his account up to the amount of the ordered products and all included taxes. In accordance with Article L. 132-2 of the [French] Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. LEISURE SHOES shall implement all means necessary for ensuring the confidentiality and security of the data transmitted on the Site.
- The data entered and kept by LEISURE SHOES constitutes proof of the order and all of the entered transactions. The data entered by the payment system constitutes proof of the financial transactions.
- In connection with its order control policy and in order to limit the risk of usurpation of identity and/or use of any stolen means of payment, LEISURE SHOES reserves the right to request identification from the Customer as well as proof of domicile. In such case, the order shall not be definitively validated until following verification of these items.
LEISURE SHOES reserves the right to refuse any order for which autorisation has been refused by banking bodies.
V – Delivery
The Customer shall select one of the delivery methods proposed on the Site at the time of placing of the order. The ordered products shall be delivered depending on the available method of transportation according to the place of delivery.
Delivery shall be made to the delivery address indicated by the Customer at the time of his order, it being stated that such address must be the address of the residence of the Customer or any other natural person of his choice. Delivery cannot be made either to hotels nor to post office boxes.
The amount of delivery costs shall depend on the amount of the order and the delivery method selected by the Customer. The amount of the delivery costs shall be indicated to the Customer before validation of the order.
Delivery times are available on the Site according to the conditions set by Article L. 111-1-3° of the [French] Consumer Code.
In order that delivery times be observed, the Customer must ensure himself that he communicated to LEISURE SHOES, before validation of his order, accurate and complete information concerning the delivery address (such as, but not limited to: street number, building, staircase, access codes, interphone names and/or numbers, particular delivery information, etc.).
The indicated times are indicative, corresponding to average handling and delivery times. LEISURE SHOES may not be held liable for the consequences due to a delay in shipping not due to any fault on its part.
In case of a delay in delivery, the order shall not be automatically cancelled. LEISURE SHOES shall inform the Customer of any delay and the Customer may then decide to cancel the order and send a notice of cancellation by registered letter, acknowledgement of receipt requested to the following address:
108 rue de la Folie Méricourt
75011 Paris, France
In the case where the order has not yet been shipped at the time that LEISURE SHOES receives the notice of cancellation from the Customer, delivery shall be blocked and the Customer shall be promptly reimbursed for any sums that have been debited following receipt of the notice of cancellation.
If the order has already been shipped at the time of receipt by LEISURE SHOES of the Customer’s notice of cancellation, the Customer may still cancel the order by refusing the package. LEISURE SHOES shall then reimburse the debited sums and the return costs incurred by the Customer within fifteen (15) days following receipt of the return of the refused package which shall be complete and in its original condition.
At the time of delivery the Customer must verify the condition of the packaging as well as the products. If the package is damaged (already open, missing products, etc.), the Customer shall notify all its reservations to the carrier and LEISURE SHOES within three (3) days following receipt of the product, by registered letter, acknowledgement of receipt requested.
Failure to make a claim within the above-mentioned time limit shall extinguish any and all action against the carrier in accordance with Article L. 133-3 of the [French] Commercial Code.
VI – Right of withdrawal
VI –A. In accordance with Article L. 221-18 of the [French] Consumer Code, the Customer has a right of withdrawal that he may exercise without providing any reason therefor, within fourteen (14) days as of delivery of the order in order to be able to return one or several ordered products and be reimbursed without having to justify any reasons therefor nor pay any penalty.
Whenever this time limit expires on a Saturday, Sunday, public holiday or non-working day, it shall be extended to the next business day. In the case of an order involving several products that are delivered separately, the time limit shall begin to run as of receipt of the last product.
Link toward the Return & Exchange form.
The Customer shall inform LEISURE SHOES of his withdrawal decision by sending it, before expiry of the time limit set out in the preceding paragraph, the withdrawal form mentioned in Annex 1 or any other unambiguous declaration expressing his intent to withdraw.
VI–B. The Customer shall send the products that are the object of the right of withdrawal within the latest fourteen (14) days following communication of his decision to withdraw. The return of the new products (in their original packaging, which have not been worn nor washed), together with the number of the orders, shall be made at the Customer’s expense, to the following address:
108 rue de la Folie Méricourt
750011 Paris, France.
VI-C. The right of withdrawal may be excluded in the case of an order for customised products or products produced according to the Customer’s specifications.
VI-D. If LEISURE SHOES considers several returns to be abusive or abnormal, it reserves the right to refuse subsequent orders from the Customer involved. The Customer may incur liability in the case of depreciation of the products resulting from handling other than that necessary for establishing the nature and features of such products.
VII – Reimbursement
In all cases of return of ordered products, LEISURE SHOES shall reimburse the Customer for sums already paid (including shipping costs), but excluding the costs of return, within fourteen (14) days as of the date of recovery of the products.
The reimbursement shall be effected according to the same method of payment selected by the Customer at the time of his order, absent consent of the Customer with a view to using another means of payment that will not engender costs for him.
LEISURE SHOES shall not be obliged to reimburse additional costs if the Customer has expressly selected a method of delivery that is more costly than the standard method of delivery against signature.
VIII – Legal warranty
The terms of these GCS are without prejudice to legal warranties, in particular the warranty against latent defects referred to at Articles 1641 to 1649 of the [French] Civil Code.
Article L.217-4 of the [French] Consumer Code: «The seller is bound to deliver goods that conform with the contract and shall be liable for lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, or assembly or installation instructions whenever he is responsible therefor pursuant to the contract or which have been carried out under his responsibility.»
Article L.217-5 of the [French] Consumer Code:«Goods shall conform with the contract:1° If they are fit for the use usually expected from similar goods and, as the case may be:
-if they correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of samples or models;
- if they have the features that a buyer may legitimately expect considering the public representations made by the seller, by the producer or by its representative, in particular in the advertising or labelling;
2° Or they have features defined by a mutual agreement between the parties or are fit for any special use sought by the buyer, brought to the knowledge of the seller and that the latter has accepted.»
Article L.217-5 12 the [French] Consumer Code: «An action for lack of conformity shall be time-barred two years following delivery of the good.»
Article 1641 of the [French] Civil Code: «The seller is bound to a warranty against latent defects in the res sold that render it unfit for its intended purpose, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.»
Article 1648, para. 1 of the [French] Civil Code: «An action resulting from redhibitory defects must be brought by the buyer within two years from discovery of the defect.»
It is hereby recalled that in connection with the legal warranty of conformity, the consumer:
- benefits from a two-year time limit as from delivery of the good to act vis a vis his seller;
- may choose between the repair or the replacement of the good, subject to the cost condition provided by Article L. 217-9 of the [French] Consumer Code; and
- is exonerated from furnishing proof of the existence of the lack of conformity of the good during six months following delivery thereof. Except for used goods, this time limit shall be increased to 24 months as of 18 March 2016.
The legal warranty of conformity shall apply independently of the commercial warranty that might cover your goods. It is hereby recalled that the consumer may decide to implement the warranty against latent defects of the res sold within the meaning of Article 1641 of the [French] Civil Code and that in such event, he may choose between rescission of the sale or a decrease in the sale price, in accordance with Article 1644 of the [French] Civil Code.
IX - Applicable law and Disputes
IX-1. Applicable law
All orders entail the ipso jure acceptance by the Customer of the GCS. These GCS shall be governed by the laws of France.
In accordance with Article L. 211-3 of the [French] Consumer Code, all consumers have the right of gratuitous recourse to a consumer mediator with a view to an out-of-court resolution of a dispute between him and a professional.
LEISURE SHOES guarantees the Customer effective recourse to a consumer mediation mechanism according to the provisions of Articles L. 611-1 et seq. of the [French] Consumer Code. The Customer may select the mediator of his choosing, whose contact details appear on the site of the European Commission: https://webgate.ec.europa.eu/odr/main/?event=main.home.show
Failing an out-of-court agreement, any dispute relating to the GCS shall be submitted to the exclusive jurisdiction of the competent court of Paris, with the exception of disputes concerning individuals who are not merchants and for which the legal rules of attribution of jurisdiction shall apply.
X – Data Processing and Freedoms
The information collected by LEISURE SHOES at the time the Customer places an order is necessary for management of the transaction and, for such purpose, may be communicated, in whole or in part, to LEISURE SHOES’ service providers acting in connection with the order, notably carriers.
The Customer is hereby informed that this same personal data may also be collected by a body responsible for the analysis of orders and the fight against bank card fraud.
In accordance with the provisions of Law no.78-17 of 6 January 1978 known as "Data Processing and Freedoms", the Customer shall at all times have the right of access, rectification, modification and deletion of personal data concerning him if such data is inaccurate, equivocal or out-of-date.
The Customer also has the right to oppose personal data concerning him being processed for legitimate reasons. However, such opposition shall render execution of the order impossible.
The Customer may exercise these rights by the sending of a postal letter together with proof of identity to the following address:LEISURE SHOES
Data Processing & Freedoms
108 rue de la Folie Méricourt
75011 Paris, France.
XI – Intellectual property
LEISURE SHOES is the exclusive holder of the intellectual property rights relating to the products sold on its Site.
«RIVIERAS LEISURE SHOES» is a filed trademark which is the property of LEISURE SHOES.
No term of these GCS may be construed as effecting any transfer whatsoever of the intellectual property right to such sign in favor of the Customer.
XII – Customer Service
In accordance with Article L. 121-16 of the [French] Consumer Code, the Customer shall have the right to contact LEISURE SHOES with a view to obtaining proper performance of the sales agreement or the handling of a claim. There shall be no additional charge for such contact.
LEISURE SHOES’ customer service is open from Monday to Friday, from 10 am to 6 pm, and may be reached at +33 (0)1 43 57 03 37.
XIII – Legal Notices
The Site is edited by the Leisure Shoes company, a limited liability company identified under the Registry of Trade and Companies of Paris number 519 098 875, whose registered office is located at 4 rue du Marché Saint-Honoré, 75001 PARIS, represented by its Co-Managers, Dan Amzallag and Fabrizio Corveddu.
The Directors for publication are Messrs. Dan Amzallag and Fabrizio Corveddu.
The hosting provider of the Site is the Shopify Inc company, Head Office: 126 York St. Ottawa, ON KIN 5T5, Canada.