Terms and conditions of sale

 

Article 1 - GENERAL PROVISIONS - SCOPE OF APPLICATION

1.1 These General Terms and Conditions of Sale ("GTCS") determine the rights and obligations of the parties in the context of the online sale of Products offered by the portinot.com website.

1.2 Any order placed on the portinot.com website implies prior and unconditional acceptance of these General Terms and Conditions of Sale, which are governed by French law. These GSC form an integral part of the Contract between the Customer and the Company. They are fully enforceable against the Customer, who declares that he has read them and accepted them, without restriction or reservation, before placing the Order.

1.3 These General Terms and Conditions of Sale apply to any Order placed by a natural person of legal age acting as a consumer. The Customer therefore certifies that he/she is a natural person over the age of 18, acting for purposes that do not fall within the scope of his/her commercial, industrial, craft, liberal or agricultural activity. The Customer acknowledges that he/she has the full capacity to commit him/herself when placing an Order, and undertakes to provide truthful information concerning his/her identity.

1.4 EXCLUSION: Persons acting in a professional capacity, i.e. natural or legal persons, public or private, acting for purposes falling within the scope of their commercial, industrial, craft, liberal or agricultural activity, including if they are acting in the name of or on behalf of another professional, are expressly excluded from the scope of these GTS.

Professionals wishing to place an Order with the Company are invited to contact us directly.

1.5 The GCS applicable to each Order are those in force on the date of payment (or first payment in the case of multiple payments) of the Order. The Company reserves the right to modify them at any time, by publishing a new version on its website. These GCS can be consulted on the Company's website at the following address: portinot.com.

 

Article 2 - ONLINE CONTRACT CONCLUSION

 

2.1. Ordering process

To purchase one or more Products on the site, the Customer selects each Product and adds it to his/her basket. Once they have made their selection, they must confirm their basket in order to proceed to Checkout (1st click).

At this point, the customer is redirected to a page containing :

A summary of the Products selected, the corresponding prices, delivery terms and charges. It is then up to the customer to check and, if necessary, correct the contents of the basket.

The present General Terms and Conditions of Sale. It is the customer's responsibility to read them carefully before validating the entire Order.

This validation of the Order after verification of the basket and reading of the GCS (2nd click) is equivalent to conclusion of the Contract, and the Customer acknowledges that the 2nd click entails an obligation to pay on his/her part.

The Customer is then redirected to the payment page. They can choose between the different payment methods offered and proceed to pay for their Order.

Once the Order has been validated and payment made, the Customer will receive a confirmation message from the Company to the e-mail address used to make the purchase. This message contains, in pdf format

A summary of the order (product selected, price, delivery terms and costs);

Precise identification of the website on which the purchase was made;

Order number ;

Invoice in PDF format

In the event of non-receipt of the Order confirmation, the Customer is advised to contact the Company using the contact form on the site.

The Customer then receives a purchase invoice in electronic form, which the Customer expressly accepts.

Customers are strongly advised to keep this confirmation message and the purchase invoice, which is also sent to them in electronic format, as these documents can be used as proof of the Contract.

 

2.2 Refusal of Order validation by the Company

The Company reserves the right to refuse your Order for any legitimate reason, including for example:

Order not in accordance with the GTCS ;

Quantities ordered that do not correspond to normal use by a consumer customer;

Non-payment of a previous Order or dispute concerning a previous Order ;

Suspicion of Order fraud (supported by a body of corroborating evidence).

 

Article 3 - PRODUCT SPECIFICATIONS AND AVAILABILITY

 

3.1 Product specifications

The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's websites, as well as, where applicable, information on the use of the product.

Although the Company takes reasonable care to ensure that the Specifications are accurate, the said Specifications, subject to certain exceptions, such as pricing information, are provided by the Company's suppliers. Consequently, the Company declines all responsibility for any errors that may be contained in the Specifications.

The Specifications are presented in detail and in French. The Parties agree that illustrations, videos or photos of the Products oerts for sale have no contractual value. The validity of the ore of the Products as well as their prices is specified on the Company's websites.

 

3.2 Product availability

Product offers are valid while stocks last with our suppliers. Product availability is normally indicated on the specific product page.

However, insofar as the Company does not reserve stock (except in the particular case of Products indicated as pre-orders on the Product page), placing a Product in the shopping basket does not absolutely guarantee the availability of the Product or its price.

Should a Product become unavailable after the Customer's Order has been validated, the Company will immediately inform the Customer by e-mail. The Order will be automatically cancelled and the Company will refund the price of the Product originally ordered, as well as any sums paid for the Order.

However, if the Order contains Products other than the one that has become unavailable, these will be delivered to the Customer and the delivery costs will not be refunded.

 

Article 4 - PRODUCT PRICES

The prices indicated in euros are deemed net, excluding shipping costs. This price includes the price of the products, handling, packaging and storage costs. They may be modified at any time without prior notice, on the understanding that items will be invoiced on the basis in force when the order is registered. All orders are invoiced and payable in euros.

Any customs duties or local taxes are the responsibility of the recipient.

 

Article 5 - PAYMENT OF PRODUCT PRICES

 

5.1 Time of payment

Payment of the full price of the Order must be made immediately after confirmation of the Order.

In exceptional cases, the Company may grant payment in instalments, particularly in view of the amount to be paid and its knowledge of the Customer concerned. However, the Company is under no obligation to grant such payment terms. In the event of a special situation, the Customer may make a request to the Company's Customer Service Department at contact@portinot.com.

 

5.2 Payment methods

To pay for an Order, the Customer may choose between different methods of payment:

Payment by credit card :

Only bank cards issued by a bank located in France or international bank cards (Visa, MasterCard, American Express and Maestro) are accepted. The customer guarantees the company that he/she has the necessary authorizations to pay with the bank card used. He expressly acknowledges that the commitment to pay by card is irrevocable and that the communication of his bank card number constitutes authorization to debit his account up to the total amount corresponding to the Products ordered. The amount will be debited when the Order is validated.

Credit card payments are made via a secure payment platform, and all credit card information is encrypted using SSL.

Payment via Paypal

Payment by Paypal is accepted up to a limit of €1,000.

Please note that if you use this method of payment, Paypal's General Terms and Conditions of Use, which are available on their website, apply in addition to these GTC.

Payment by voucher and/or coupon code

Vouchers and/or promotional codes issued by the Company may be used to pay for all or part of the Order. These vouchers and/or promotional codes are valid only once. In the event of attempted fraudulent use of vouchers and/or promotional codes, the Company may cancel the Order outright.

In general, in the event of refusal to authorize payment by officially accredited organizations or in the event of non-payment of the Order, the Company reserves the right to suspend and/or cancel said Order.

The Company reserves the right to suspend any of the payment methods at any time, particularly in the event that a payment service provider no longer offers the service used, or in the event of a dispute with a Customer concerning a previous Order.

The Company reserves the right to implement an Order verification procedure designed to ensure that no one uses another person's bank details without their knowledge. As part of this verification process, the Customer may be asked to send the Company, by e-mail or post, a copy of an identity document, proof of address and a copy of the bank card used for payment. The Customer will be given precise details of the exact content of the information requested (in order to protect the confidentiality of his/her data) in the event of verification. The order will be validated only after receipt and verification of the documents sent.

 

Article 6 - DELIVERY - RECEPTION

 

6.1 Delivery

Before the Order is validated, the Company provides the Customer with information concerning the different delivery methods and their respective prices. Once the Customer has chosen a delivery method, the Company provides an estimated delivery time.

The Company will do its utmost to ensure that the Product(s) is (are) delivered on or before the scheduled delivery date. In the event of difficulty, the Company undertakes to contact the Customer promptly to inform him/her of the problem and to work with him/her to find an appropriate solution.

Le transport aérien, l’expédition et/ou la livraison du/des Produit(s) seront intégralement pris en charge par le Client (« Frais de livraison »). Ces frais de livraison sont inclus dans le prix final facturé au Client lors de la Commande. Par contre, les frais éventuels de douane ne sont pas compris dans le prix facturé au Client par la Société. 

Depending on the method chosen by the Customer, delivery will be made either to the address given by the Customer, or, where applicable, to a relay point chosen by the Customer from the list of available points. It is therefore the Customer's responsibility to check the details given for delivery , as the Customer remains solely responsible in the event of non-delivery due to incomplete or erroneous information.

 

6.2. Reception

Upon receipt of the Product, the Customer undertakes to check that the Product is complete and undamaged.

In the event of an anomaly, the Customer must contact the Company's Customer Service Department within three days (excluding public holidays) of receiving the Product. Any complaint filed after this deadline will not be processed.

 

Article 7 - WITHDRAWAL

 

7.1 Principle and deadline

The Customer has the right to cancel the Order, without giving any reason, within fourteen (14) calendar days from the date of receipt of the Order. In the event of an Order for several Products, the period runs from receipt of the last Product.

If the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) purchased will be reimbursed, with the cost of returning the Product(s) being borne by the Customer.

 

7.2 Exclusions

In accordance with the provisions of Articles L. 221-18 to L. 221-28 of the French Consumer Code, this right of withdrawal cannot be exercised for the following contracts:

  • The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
  • Supply of goods made to the consumer's specifications or clearly personalized;
  • Supply of goods liable to deteriorate or expire rapidly;
  • The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
  • The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
  • The supply of alcoholic beverages, the delivery of which is deferred for more than thirty days and the value of which agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
  • Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
  • The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
  • Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
  • Concluded at a public auction ;

 

7.3 How to exercise the right of withdrawal

To exercise his right of withdrawal, the Customer must inform the Company of his intention to withdraw either by completing the standard form, a model of which is shown below, or by sending an unambiguous statement expressing his intention to withdraw within the 14-day period mentioned above.

This form must be sent electronically to portinot.com customer service at contact@portinot.com.

The Customer has a period of 14 days from the date of notification of withdrawal to return the Product to the Company in its original packaging, the cost of return being borne exclusively by the Customer.

Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to enable the Company to sell them again. In the event of receipt of Products that have been opened, used, incomplete, damaged or soiled, the Company will not issue any refund and may even, if it deems it necessary and appropriate, hold the Customer liable for depreciation of the Product.

In the event of return of the Product under the conditions provided for by law and the present GCS, the Company will refund all sums paid by the Customer, within 14 days of notification of retraction, unless the Product is returned afterwards. In this case, the Company will only reimburse the Customer once it has received and checked the condition of the returned Product.

This refund will be made using the same means of payment as that used by the Customer to pay for the Order, unless the Customer expressly agrees to another means of payment. In the event of payment by gift voucher/promotional code, the Customer will be reimbursed either by sending new gift vouchers/promotional codes for an amount identical to that paid in this form.

 

Article 8 - PERSONAL DATA PROTECTION

As part of the commercial relationship, the Company, which is responsible for processing the data, collects a certain amount of compulsory nominative data (including, in particular, surname, first name, delivery address, etc., which are marked with an asterisk), which is absolutely necessary for processing the Order, managing the commercial relationship, compiling statistics and complying with the Company's legal and regulatory obligations. They are kept for 5 years from the end of the Contract.

Should the Customer fail to provide this information, it will be impossible to process the Order.

These data are intended for internal use by the Company but may be transmitted to companies that contribute to the performance of the service, including in particular those that deliver Products or process payments.

 

The customer has several rights with regard to this personal data:

Right of access to personal data ;

Right of rectification and deletion if personal data is inaccurate, incomplete, ambiguous, outdated or if the collection, use, communication and storage of certain data is prohibited;

The right to limit data processing, provided that this request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations;

Right to object to data processing (particularly in the case of processing for commercial prospecting)

Right to formulate post-mortem directives concerning the retention, erasure and disclosure of your personal data

Right to withdraw consent to certain processing operations (processing operations carried out prior to withdrawal of consent remain lawful)

Right to lodge a complaint with the CNIL.

 

To exercise his rights, the Customer may send a request to the Company via the following e-mail address: contact@portinot.com.

The request must include the Customer's e-mail address, surname, first name and postal address, and must be accompanied by a copy of both sides of the Customer's identity card.

A reply will be sent within one month of receipt of the request.

 

Article 9 - INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specifically stated on a Product page, sales of Products on the site do not entail any transfer of intellectual property on the Products sold.

Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or of their original owner. No transfer of intellectual property rights is made through these GTC.

 

Article 10 - FORCE MAJEURE

The Company shall not be held liable for any failure to perform its obligations hereunder in the event of a fortuitous event or force majeure which prevents performance. The Company will notify the customer of the occurrence of such an event as soon as possible.

 

Article 11 - EXCLUSION OF LIABILITY

Notwithstanding anything to the contrary contained herein, the Company shall in no event be liable for any loss or damage due to improper use of the Product(s) by the Customer, including without limitation any modification or alteration of the Product(s) not authorized by the Company.

 

Article 12 - SUSPENSION - TERMINATION OF ACCOUNT

The Company reserves the right to suspend or terminate the account of a Customer who contravenes the provisions of the GTC, or generally applicable legal provisions, without prejudice to any damages that the Company may seek.

Any person whose account has been suspended or closed may not place further orders or create a new account on the Site without the prior authorization of the Company.

 

Article 13 - ARCHIVING - EVIDENCE

In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions.

At the time of each Order, the Order summary is sent by e-mail to the Customer and archived on the Company's website.

Communications between the Company and the Customer are recorded in computerized registers, which are kept for 5 years under reasonable security conditions. These registers, on which exchanges are recorded on a reliable and durable medium, are considered as proof of communications, orders, payments and transactions between the Customer and the Company. They may be produced as proof of the Contract.

The archiving of communications, orders, order details and invoices is eected on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the French Civil Code. This information may be produced as proof of the contract.

The Customer will have access to the archived elements upon request to contact@portinot.com.

 

Article 14 - NULLITY AND MODIFICATION OF THE T&Cs

If any provision of these GCS is invalid, it shall be deemed unwritten, but this shall not invalidate the contractual provisions as a whole.

Any tolerance on the part of the Company, in the application of all or part of the commitments made within the framework of the present GCS, whatever the frequency and duration, shall not constitute a modification of the GCS, nor generate any right whatsoever for the Customer.

 

Article 15 - APPLICABLE LAW AND SETTLEMENT OF DISPUTES

These terms and conditions are governed by French law.

In the event of any difficulty, Customer Service is at your disposal to find an amicable solution.

If no solution can be found directly with Customer Service, the European Commission has set up a dispute resolution platform to receive any complaints from consumers following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform via the following link: http: //ec.europa.eu/consumers/odr/.