Terms and Conditions of Sale

Preamble

These Terms and Conditions apply without restrictions or reservations, for all sales of Rampal Elles Products and may be printed and conserved by the Customer.  Therefore, by ordering a Product available for sale on the www.rampal-latour.fr website, the Customer fully accepts these Terms and Conditions of Sale, which they acknowledge having read before placing their order.

Rampal Latour products sold at www.rampal-latour are sold by Rampal Patou, a Limited Liability Company (Société à Responsabilité Limitée under French law) with a share capital of €1,500,000, whose registered office is located at 201 impasse Gaspard Monge 13300 Salon de Provence, France, registered on the Register of Commerce of Salon de Provence under number 453 810 756 (hereinafter Rampal Latour).

You have the possibility of registering, free of charge, on the BLOCTEL telephone marketing opt-out list (www.bloctel.gouv.fr) to avoid cold calling from professionals with whom you do not currently have a contract, in accordance with French Consumer Act no. 2014-344 of 17 March 2014.

1. User Obligations
   
2. Customer
   
3. Products
   
4. Prices
   
5. Product avaibility
   
6. Online reviews
   
7. Delivery
   
8. Right of withdrawal
   
9. Payment
   
10. Proof and archiving
    
11. Transfer of ownership
    
12. Customer Service
    
13. Warranties
    
14. Liability
    
15. Force majeure
16. Confidentiality and Personal Data Protection
    
17. Amendment to these Terms and Conditions of Sale
    
18. Validity of the terms and conditions
    
19. Intellectual Property
    
20. Governing law and jurisdiction
    
21. Appendix 1 - Withdrawal policy

All orders placed via this website imply immediate acceptance without reservation of these general conditions of sale and the price conditions, which are an integral part hereof, when you place your order. By clicking “confirm” you declare acceptance hereof.

These Terms and Conditions of Sale detail the rights and obligations of Rampal Latour and its customers. They apply without restrictions or reservations, for all sales of Rampal Elles Products sold on the website www.rampal-latour.com.  This offer is reserved for individuals of legal age with the legal capacity to enter agreements, i.e. physical persons acting in no case on a professional basis.

Rampal sells its Products on the www.rampal-latour.com website to customers with the legal capacity to place an order (hereinafter Customer). Rampal Latour is not responsible for verifying the legal capacity of each Customer.

3.1. Characteristics of the products

Pursuant to Article L.111-1 of the French Consumer Code, the Customer may read the main characteristics of the Products they wish to purchase on the website before placing an order.

The Products available for purchase from www.rampal-latour.com constitute Rampal Latour’s product range. Rampal Latour reserves the right to modify its collection and change its Product list and ranges. The Product photos shown on our website are not binding.

3.2. Ordering procedure

On the website:

Payment can be made via credit card, Paypal, Amazon Pay or cheque. The Customer may verify the details of their order and correct any errors. When the Customer confirms their order by clicking the [“order”] icon, they are considered to have full knowledge of the content and conditions of the order, and particularly these Terms and Conditions of Sale, prices, volumes, characteristics, quantities and delivery times for the Products available for purchase and ordered by the Customer.

The sale will be completed when the Customer confirms the order, without prejudice to the Customer’s right to withdraw. Rampal Latour will confirm the order by sending an email to the Customer.

A second email will be sent to the Customer when their order is shipped.

Rampal Latour recommends that the Customer keep a paper or digital record of both these emails. The Customer is informed that both emails will be sent to the email address entered by the Customer when they identify themselves before placing the order. Therefore, if an error is made when entering the email address in question or the Customer does not receive the order confirmation email, Rampal Latour may not be held liable.

3.3. Facturation

Pendant la procédure de commande, le Client devra saisir les informations nécessaires à la facturation (le signe (*) indiquera les champs obligatoires devant être remplis pour que la commande du Client soit traitée par RAMPAL LATOUR).

Le Client doit notamment indiquer clairement toutes les informations relatives à la livraison, en particulier l’adresse exacte de livraison ainsi que tout éventuel code d’accès à cette adresse. Le Client doit également préciser le moyen de paiement choisi.

Ni le bon de commande que le Client établit en ligne, ni l’accusé de réception de la Commande que le Vendeur envoie au Client par courrier électronique ne constituent une facture. Quel que soit le mode de commande ou de paiement utilisé, le Client recevra le bon de commande à l’intérieur du colis. La facture est disponible en PDF sur l'espace client à partir du moment où le colis est expédié. Le Client en est prévenu par messagerie électronique. 

3.4. Date of the order

The date of the order is the date on which RAMPAL LATOUR acknowledges receipt of the order online. Deadlines indicated on the website only begin to run from this date.

The price of Products indicated in Euros is the price in effect at the time of sale. Said prices do not include shipping charges invoiced in addition to the price of Products purchased as per the terms defined below and as indicated to the Customer prior to confirming the order. Prices include the value added tax applicable on the day the order is placed.

Offers presented by Rampal Latour are valid as advertised on the website and while supplies last. Information on Product availability may be provided when the order is placed. Rampal Latour reserves the right to alter its prices at any time. However, the catalogue price which appears on the date of sale shall be the only price applicable to the Customer.

Product availability is provided on the website, in the product description of each item. Unavailability of one or more products, even for an extended and unlimited period, does not constitute a prejudice for the Customer and may in no case give rise to damages and interest on the part of Rampal Latour.

Pursuant to Article L.121-20-3 of the French Consumer Code, in the event of unavailability, the Customer will be refunded the price of the unavailable product within thirty days of payment. We do our best to ensure that Products are available. Product offers are valid as advertised on the website and while supplies last.

Information on Product availability is provided to the Customer when the order is placed. If a Product in the order is unavailable when the order is being prepared, Rampal Latour will automatically send an email to the Customer. In this case, the Customer may:

• Wait (except in the case of a discounted Product, a Product out of stock, or a limited edition Product)
• Replace the out-of-stock Product with another Product of the same value (except in the case of a free Product)

Any Customer can post an online review or comment on the Products displayed on the Website.

Within five (5) days of purchasing Products on the Website, Customers will receive an email from RAMPAL LATOUR asking them to comment on their shopping experience.

The review will be posted on the Website homepage and accessible.

RAMPAL LATOUR hereby expressly agrees to provide users with fair, clear and transparent information about posting and processing online reviews on the Website. RAMPAL LATOUR undertakes to include the date of the review and any future updates.

RAMPAL LATOUR moderates reviews as follows: if the review does not contain any injurious, defamatory, racist or unlawful terms, it will automatically be posted on the Website. However, if the review contains any questions or factors of dissatisfaction, RAMPAL LATOUR may post a response online.

RAMPAL LATOUR undertakes to ensure that the processing of personal data in this context complies with French Data Protection Act no. 78-17 of 6 January 1978, as amended, and with the General Data Protection Regulation (GDPR).

RAMPAL LATOUR does not offer a reward for a review posted by a Customer.

The time limit for posting a review is sixty (60) days.

Finally, RAMPAL LATOUR provides a free service that allows any Customer to report a problem with a review, by emailing [email protected]

Any Customer wishing to contact RAMPAL LATOUR about a particular comment will therefore be asked to send an email to [email protected] with precise details of the review in question.

If the complaint is valid, RAMPAL LATOUR undertakes to subsequently delete the review insofar as it:

• does not comply with these Terms and Conditions;
• contains injurious, defamatory, racist or unlawful content.

The terms and conditions of the right of withdrawal are given in the “withdrawal policy” which can be found in Appendix 1 to this document.

9.1. Payment methodes

For purchases of Products on the www.rampal-latour.comwebsite, payment is made via credit card (secure payment and 3DS Secure). We accept payments via carte bleu debit cards, Visa and MasterCard, Amazon Pay, Paypal and Cheque.

9.2. Security

We do not ever have access to your private banking data. To secure payments, Rampal Latour uses PAYBOX, an online payment solution based on the SSL protocol, which encrypts your personal data during the transaction. Rampal Latour reserves the right to suspend or cancel any order and/or delivery in the event of payment default on the part of the Customer, a payment incident and/or fraudulent use of the website or payment method chosen by the Customer.

9.3. Control

As part of its order control service, Rampal Latour may be required to contact the Customer by any means, in order to confirm a transaction, and may request any piece of identification deemed appropriate (relevant to the Customer’s identity, and/or residence and/or the payment method used). The Customer must submit required proof within 15 business days from receiving the request from Rampal Latour.

The Customer is informed that should they fail or refuse to submit the requested proof within the allotted timeframe, Rampal Latour will cancel the order.

Once Rampal Latour receives the proof and the order is confirmed, the delivery of the Product(s) ordered will be postponed by the time required for the Customer to submit the requested documents.

9.4. Late or rejected payment

If the bank refuses to debit a card or other method of payment, the Customer should contact RAMPAL LATOUR Customer Service to pay for their Order by any other valid method of payment. If, for any reason, such as stopped payment or rejection of payment, the amount payable by the Customer cannot be transferred, the Order will be cancelled and the sale will be automatically terminated.

Any contract made with the Customer for an Order of more than €120 including VAT will be archived by RAMPAL LATOUR for ten (10) years in accordance with Article L.213-1 of the French Consumer Code.

RAMPAL LATOUR agrees to archive this information in order to guarantee transaction follow-up and to produce a copy of the contract at the Customer’s request. In the event of any dispute, RAMPAL LATOUR shall be able to prove the reliability of its electronic tracking system and guarantee the integrity of the transaction.

RAMPAL LATOUR reserves ownership of delivered Products until full payment of the price has been received.

These provisions do not prevent transfer to the Customer at the time of receipt by the Customer or by a third party designated by the Customer other than the carrier, of the risks of loss or damage to the Products whose ownership is reserved, and of the risks of any damage they may cause.

Website customer service is available from Monday to Friday, from 9am to 12pm and 2pm to 5pm:

• at the following standard rate telephone number: +33(0)4.90.56.07.28
• by email at the following address: [email protected]
• or by post at the following address:

Savonnerie Rampal Latour
SERVICE CLIENTS
201 Impasse Gaspard Monge
13300 Salon de Provence, France
In the latter two cases, Rampal Latour is committed to responding within 2 business days (outside postal delivery times).

In addition to the commercial warranties that RAMPAL LATOUR may offer for certain Products, any Customer shall benefit from the “legal” warranties for all Products, as detailed below, in accordance with Article L.111-1 of the Consumer Code.

 13.1. Warranty of Conformity

Article L.217-4 of the Consumer Code:“The seller shall deliver goods to the consumer which are in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this forms part of the contract or was carried out under the seller’s responsibility”.

Article L.217-5 of the Consumer Code:“Goods are in conformity with the contract if they:

1. Are fit for the purposes for which goods of the same type are normally used and if:
2. Or if they have the characteristics defined by mutual agreement by the parties or they are fit for any particular purpose for which the buyer requires them and which was made known to the seller and which the seller accepted”.

• they comply with the description given by the seller and possess the qualities of the goods that the seller has described to the buyer as a sample or model;
• they have the qualities that the buyer can reasonably expect as publicly described by the seller, the manufacturer or his representative, in particular in advertising or on labelling;

RAMPAL LATOUR may be liable for any lack of conformity existing at the time of delivery and any lack of conformity resulting from the packaging, the assembly instructions or the installation when this forms part of the contract or was carried out under our responsibility.

Any action resulting from a lack of conformity must be brought within two (2) years of the delivery of the Product (Article L.217-12 of the Consumer Code).

In the event of a lack of conformity, the Customer may choose to ask for the product to be replaced or repaired. However, if the cost of the Customer's choice is clearly disproportionate compared to the other available option, given the value of the Product or the extent of the defect, RAMPAL LATOUR may grant a refund, without accepting the option chosen by the Customer.

If a replacement or repair is impossible, RAMPAL LATOUR shall refund the price of the Product within thirty (30) days of receiving the returned Product and in exchange for the Customer returning the Product to 201 Impasse Gaspard Monge – 13300 Salon de Provence.

Finally, the Customer shall not be required to provide proof of the Product's non-conformity during twenty-four (24) months following delivery thereof, except for second-hand goods for which this period is six (6) months (Article L. 217-7 of the Consumer Code).

This legal warranty of conformity shall apply independently of any commercial warranty granted in respect of the Products.

13.2. Warranty against hidden defects

RAMPAL LATOUR shall be bound by the warranty against hidden defects of the Product sold that render it unfit for its intended use, or that so impair its use that the Customer would not have bought it, or would only have purchased it at a lower price if they had known of the defects (Article 1641 of the French Civil Code).

Under this warranty, if the Customer can prove the existence of a hidden defect, they may choose between a refund of the price of the Product if it is returned and a partial refund of the price, if the Product is not returned.

If a replacement or repair is impossible, RAMPAL LATOUR shall refund the price of the Product within thirty (30) days of receiving the returned Product and in exchange for the Customer returning the Product to 201 Impasse Gaspard Monge – 13300 Salon de Provence. Any action resulting from critical flaws must be brought by the Customer within two (2) years of the discovery of the flaw (Paragraph 1, Article 1648 of the Civil Code).

RAMPAL LATOUR shall not be held liable for any non-fulfilment or inadequate fulfilment of its contractual obligations attributable to the Customer, particularly when their order is placed.

RAMPAL LATOUR shall not be held liable or considered to have defaulted under these terms for any delay or non-fulfilment of such terms where such delay or non-fulfilment is due to force majeure as defined by the French courts and tribunals. It should also be noted that RAMPAL LATOUR does not control any websites that are directly or indirectly linked to the Website. It therefore disclaims all liability for information published on such websites. Links to third-party websites are provided for information only and no guarantee is given in respect of their content.

RAMPAL LATOUR shall not be liable if any non-fulfilment or any delay in the fulfilment of any of its obligations described in these Terms is due to force majeure.

In contractual matters, force majeure means any event beyond the control of the obligor, which cannot reasonably be foreseen at the time of concluding the contract, whose effects cannot be avoided by appropriate measures, and which prevents the obligor from fulfilling its obligation. If the impediment is temporary, fulfilment of the obligation is suspended unless the resulting delay justifies the termination of the contract. If the impediment is permanent, the contract is automatically rescinded and the parties released from their obligations in accordance with the provisions of Articles 1351 and 1351-1 of the Civil Code.

In this regard, RAMPAL LATOUR shall not be held liable in the event of computer hacking, unavailability of materials, supplies, spare parts, personal equipment or other, interruption in electronic communications networks, and in the event of any occurrence or circumstances beyond its control arising after the date of the contract and preventing its fulfilment in normal conditions. 

In any such situation, the Customer shall not be entitled to claim compensation or to bring any action against RAMPAL LATOUR. Upon the occurrence of any of the aforementioned events, RAMPAL LATOUR shall endeavour to inform the Customer thereof as soon as possible.

Our internet server automatically recognises the domain name (of the internet provider) and whenever possible, the email address of internet users who visit our website. We centralise domain names for statistical purposes. We use the information communicated in order to improve the content of our website. This website as been declared to the CNIL under number 1757901.

Rampal Latour collects and processes personal data concerning the Customer and recipient of the order (except credit card number) in electronic format for the sole purpose of managing orders. Pursuant to the Act of 6 January 1978, the Customer has the right to access, rectify and block all their personal data by sending an email to the following address: [email protected] or by a letter sent to:

Rampal Latour – SERVICE CLIENTS – 201 Impasse Gaspard Monge – 13300 SALON DE PROVENCE, FRANCE. 

In order to improve the performance and your use of the website, Rampal Latour and its authorised service providers may use audience measuring and web tracking tools (such as cookies, tags, etc.). These tools are not able to identify you by name but record information concerning your browsing and can be used in particular for targeted sales programmes. You can block the recording or use of these tools by configuring your browser.

Rampal Latour reserves the right to modify the content or characteristics of these General Conditions of Sale. Each order gives rise to acceptance of the General Conditions of Sale in their version in force.

Should any stipulations hereof be considered null and void or declared as such in compliance with a law, regulation or following the final decision of a competent court, the other stipulations shall maintain their validity and scope.

Should any stipulation of these Terms and Conditions of Sale be found or held to be invalid pursuant to any law, regulation or final decision of a competent court, the other stipulations shall retain their full force and effect.

Any such modification or decision shall not, under any circumstances, authorise Customers to disregard these Terms and Conditions.

SARL Rampal Patou owns all intellectual and industrial property rights related to Rampal Latour websites and brands or holds the rights to use them.

Access to this website does not grant you any rights to the intellectual property rights protecting the website, which remain the exclusive property of SARL Rampal Patou. The general layout of the website, as well as the elements accessible on the site, including text, photographs, animated or non-animated images, icons, maps, sounds, videos, software, databases, data and any other elements used on the website are the exclusive property of SARL Rampal Patou.

You may not under any circumstances use any means or media to duplicate, depict, modify, transmit, publish, adapt or use any of the website in any way whatsoever without the prior written consent of SARL Rampal Patou. You are informed that this restriction applies in particular, but not exclusively to practices such as scrapping or the use of robots for the purpose of extracting or duplicating any elements of the website, including the products featured, especially for commercial purposes.

You are not authorised to insert in a frame or use framing techniques to insert any trademarks, logos or other information (including images, text, layout or form) belonging to Rampal Latour without its prior written express consent. You are not authorised to use meta tags or any other “hidden text” by using the Rampal-Patou name or trademarks without the prior written express consent of SARL Rampal Patou.

Use of any or all of the website for any reason whatsoever without the prior consent of SARL Rampal Patou may be subject to any appropriate action, including the initiation of infringement litigation.

The insertion of hypertext links into any part of the website is prohibited with the prior written consent of SARL Rampal Patou.

These Terms and Conditions and the relationship between the Customer and RAMPAL LATOUR shall be governed by French law.

The French courts shall have exclusive jurisdiction to hear any disputes. However, prior to bringing an action before an arbitral tribunal or a court, the Customer should contact RAMPAL LATOUR's complaints department.

If an agreement cannot be reached or if the Customer can prove that they have already attempted to settle the dispute directly with RAMPAL LATOUR via a written complaint, an optional mediation procedure will be suggested, to be conducted in a spirit of fairness and in good faith, with a view to reaching an amicable settlement over any dispute arising out of or in connection with this contract, including its validity.

To trigger this mediation procedure, the Customer can contact the RAMPAL LATOUR ombudsman: 

Online mediation service of the CMAP (Centre de médiation et d’arbitrage de Paris), which can be contacted at CMAP (Service Médiation de la Consommation) - 39 avenue Franklin D. Roosevelt – 75008 Paris.

For a referral to the CMAP to be admissible, it must include your postal address, email and phone number and the full name and address of our company, a brief presentation of the facts and proof of any previously taken measures.

In accordance with mediation rules, the Customer is reminded that a consumer dispute must first be notified in writing to RAMPAL LATOUR Customer Service before submitting a request for mediation to the CMAP.

The ombudsman cannot review disputes for which the request is clearly unjustified or improper, or which have previously been examined or are under examination by another ombudsman or by a court, or if the consumer has submitted the request to the ombudsman more than a year after sending the written complaint to RAMPAL LATOUR, or if the dispute is outside the scope of the ombudsman's jurisdiction, or if the consumer cannot furnish evidence of a prior attempt to settle the dispute directly with RAMPAL LATOUR via a written complaint in accordance with any applicable contract provisions.

The party wishing to implement the mediation procedure shall first inform the other party by recorded delivery with acknowledgement of receipt indicating the reason for the dispute. Mediation is not a compulsory procedure and the Customer or RAMPAL LATOUR may withdraw from it at any time. If mediation fails or is not envisaged, the dispute shall be referred to the competent court as designated above.

Principle

As a matter of principle, the Customer is entitled to withdraw from the contract by returning the Product to RAMPAL LATOUR without giving a reason.

In this case, the Product must be returned within fourteen (14) days of notifying the decision to withdraw, unless RAMPAL LATOUR offers to collect the Product itself.

Withdrawal time limit

The withdrawal time limit expires fourteen (14) days from the day on which you or a third party other than the carrier and designated by you, takes physical possession of the goods.

If the Customer has ordered multiple Products on one order, giving rise to several deliveries (or in the case of an order for one Product delivered in several batches), the withdrawal time limit expires fourteen (14) days from the day on which you or a third party other than the carrier and designated by you, takes physical possession of the last good. 

If the Product is delivered in several batches of parts, the withdrawal time limit will expire fourteen (14) days after the day on which you or a third party other than the carrier and designated by you, takes physical possession of the last batch or part. 

Notice of withdrawal

To exercise the right of withdrawal and in accordance with Article L.221-21 of the Consumer Code, the Customer must notify their decision to withdraw by means of an unequivocal statement (by sending a letter, fax or email for example) to [email protected] or 201 Impasse Gaspard Monge – 13300 Salon de Provence.

The form below may also be used:

WITHDRAWAL FORM

To: RAMPAL LATOUR

RAMPAL LATOUR phone number: +33 9.70.71.60.94 

RAMPAL LATOUR fax number: +33 4.90.56.52.18

RAMPAL LATOUR email address: [email protected]

I hereby notify you that I wish to withdraw from the contract for the sale of the Product below:

• Product Reference:____________
• Invoice number: _________________
• Purchase Order no.: __________
• Ordered on [____________]/received on [________________]
• Payment method used:
• Name of the Customer and any beneficiary of the order:
• Customer's address:

• Delivery address:

Customer's signature (unless sent by email)

Date

To meet the withdrawal time limit, the Customer must send notification of their decision to exercise their right of withdrawal before the withdrawal time limit expires.

Effects of withdrawal

If the Customer withdraws from the purchase, RAMPAL LATOUR undertakes to refund all amounts paid, including delivery charges (except for any additional costs incurred as a result of the Customer opting for a different method of delivery to the standard delivery provided by RAMPAL LATOUR) from the date on which it is informed of the Customer's decision to withdraw (Article L.221-24 of the Consumer Code).

Unless it offers to recover the Products itself, RAMPAL LATOUR may defer the refund until the Products have been recovered or until the Customer has provided proof that the Products have been dispatched, the earlier of these two dates applying.

RAMPAL LATOUR shall make the refund via the same method of payment used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another method of payment and insofar as the refund will not incur any cost for the Customer.

Return procedure

In any event, within fourteen (14) days of notifying their decision to withdraw from the contract, the Customer must return the Product to 201 Impasse Gaspard Monge – 13300 Salon de Provence. This time limit shall be deemed to have been met if the Customer returns the Product within the period of fourteen (14) days.

Costs of returns

The Customer shall pay the direct costs of returning the Product. If the weight of the Product prevents the Customer from returning it by post, the Customer shall pay the direct costs of returning the Product.

Condition of the returned Product

The Product must be returned according to RAMPAL LATOUR's instructions and include all the accessories delivered with it. Any promotional gifts sent with the Product must also be returned.

The Customer shall only be liable for any depreciation in the value of the Product caused by handling it other than to the extent necessary to establish the nature, characteristics and proper functioning of the Product. In other words, the Customer is entitled to test the Product but may be liable if the Product is handled other than as required.

Exclusions du droit de rétractation

The right of withdrawal is excluded in the following cases:                                                        

• Supply of services fully completed before the end of the withdrawal period and the performance of which began after the consumer gave their prior express consent and expressly waived their right of withdrawal;
• Supply of goods or services for which the price is dependent on fluctuations in the financial market;
• Supply of goods made to the Customer's specifications or clearly customised;
• Supply of goods that are liable to quickly deteriorate or become obsolete;
• Supply of sealed audio or video recordings or sealed computer software that were unsealed after delivery;
• Supply of a newspaper, periodical or magazine (with the exception of subscription contracts);
• Provision of accommodation other than for residential purposes, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance;
• Supply of goods which, by their nature, are inseparably mixed with other items;
• Supply of sealed goods that are not suitable to be returned for health protection or hygiene reasons and were unsealed by the Customer after delivery;
• Supply of alcoholic beverages, the price of which was agreed when the sales contract was concluded, and which can only be delivered after 30 days and the actual value of which is dependent on fluctuations in the market beyond the seller's control;
• Urgent repairs or maintenance to be carried out at the consumer's home and specifically requested by them, within the limit of the spare parts and work strictly necessary to carry out such urgent repairs or maintenance;
• Supply of digital content not supplied on a tangible medium if such supply began with the consumer’s express prior consent and acknowledgment that they will thereby lose their right of withdrawal;
• Contracts concluded at public auction.