These general conditions of sale (the " General Conditions") are concluded between Rebel Forge and any non-commercial natural person (the Utilisateur) wishing to make a purchase on the Website (hereinafter collectively referred to as the " Parties").
The Parties agree that these General Terms and Conditions exclusively govern their relationship. Rebel Forge reserves the right to modify the General Terms and Conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their registered office in France.
Rebel Forge undertakes to comply with all the provisions of the Consumer Code relating to distance selling.
ARTICLE 1 - PURPOSE
The General Terms and Conditions aim to define the terms of sale between Rebel Forge, from the placing of the order to the after-sales services, through payment and delivery.
They regulate all the steps necessary for the placing of the order and ensure the follow-up of this order between the contracting parties.
ARTICLE 2 - PRODUCTS
The products governed by these Terms and Conditions are those appearing on the Website that are indicated as sold and shipped by Rebel Forge (the " Products"). They are offered within the limits of available stocks.
The Products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred with regard to this presentation, Rebel Forge cannot be held liable.
The photographs of the Products are not contractual.
ARTICLE 3 - PRICES
The prices of the Products are indicated in Euros all taxes included. They take into account VAT and any reductions applicable on the day of the order.
The prices of the Products are exclusive of delivery costs (shipping, packaging and making of the package according to the amounts in force). The amount of the delivery costs will be specified on the order form before validation of the order.
If one or more taxes or contributions, in particular environmental ones, were to be created or modified, up or down, this change may be reflected in the selling price of the Products present on the Website and on the various sales media.
However, a price cannot be modified once the User's order has been validated.
The price of the products in the online shop will appear including VAT. Payment of the full price must be made when ordering. At no time can the sums paid be considered as a deposit or down payment.
ARTICLE 4 - ORDER
4.1 Prior identification of the User
To place an order, the User must identify himself with his email address and password. For any first order, the User must follow an account creation procedure indicated on the Website.
In case of loss or forgetting of the password, the User may request it again by going to his customer account and clicking on " I forgot my password". He will then receive his password on the email address he provided at the time of registration.
The User can also contact Customer Service at +33(0)188.8.131.52.52 for more information.
4.2 Registration and validation of the order
The User has the possibility to place his order online from the online catalog.
Once the basket has been validated, the User must accept the General Conditions, choose the address and delivery method, and finally validate the payment method, this last step formalizing the sales contract between Rebel Forge and the User.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur in the context of a possible exchange and the guarantees mentioned below (Article 9).
Rebel Forge will acknowledge receipt of the order as soon as it is validated by sending an email.
In certain cases, including non-payment, incorrect address or other problem on the User's account, Rebel Forge reserves the right to block the User's order until the problem is resolved.
In case of unavailability of a Product ordered the User will be informed by email.
The cancellation of the order of this Product and its possible refund, will then be made, the rest of the order remaining firm and definitive.
For any question relating to the follow-up of an order, the User must consult his customer account on the Website or call customer service at +33(0)184.108.40.206.52 from Monday to Friday from 10am to 7pm.
Only nationals of the member states of the European Union, the Dom and Switzerland can place an order.
ARTICLE 5 - TERMS OF PAYMENT
The User has the choice to pay for his purchases:
- by PayPal or credit card: Carte Bleue, Visa, Mastercard.
- by check: made out in Euros, made payable to Rebel Forge and whose account is domiciled in France.
- by bank transfer: from a bank account domiciled in France (R.I.B).
The User guarantees the company Rebel Forge that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form.
The company Rebel Forge reserves the right to suspend any order management and any delivery in case of refusal of authorization of payment by credit card by officially accredited organizations or in case of non-payment.
In particular, Rebel Forge reserves the right to refuse to make a delivery or to honor an order from a user who has not fully or partially paid for a previous order or with whom a payment dispute is being administered.
ARTICLE 6 - TRANSFER OF OWNERSHIP - TRANSFER OF RISK
The transfer of ownership of the company Rebel Forge to the user, will be carried out only after full payment of the price by the latter, regardless of the date of delivery of said products.
The risk of loss and deterioration of Rebel Forge's products is insured by rebel forge until delivery of the products.
ARTICLE 7 - DELIVERY
7.1. Delivery in mainland France, Corsica and Monaco
" Colissimo " (2 to 4 days) by La Poste, under the following conditions:
This service period is not guaranteed during certain periods of high activity, such as sales periods, end-of-year celebrations and high season.
Delivery to the User's home or to any other address that the latter would have indicated to us in mainland France, Corsica and Monaco.
The delivery time is taken into account from the delivery of the package containing the Products to La Poste. Under no circumstances can we be held liable in the event of delay.
7.2. Delivery in Europe outside France, Monaco
The delivery time is a maximum of seven days (provided that the delivery information is correct).
The delivery costs of the Products are broken down according to a variable amount, defined according to the country of delivery.
7.3. Terms of delivery
The products are delivered to the address indicated by the user on the order form. The user is obliged to check the condition of the packaging of the goods on delivery and to report the damage due to the carrier on the delivery note, as well as to the company Rebel Forge, within 3 working days.
As far as shipping is concerned, we mainly work with LA POSTE française.
As soon as we proceed with a shipment, you will immediately receive an email informing you.
LA POSTE's services are reliable. However, it is possible, as in any shipment, that there may be a delay in delivery or that the product goes astray. In case of delay in delivery compared to the date we have indicated in the shipping email, we ask you to report this delay by calling us by phone at 04.42.82.13.52 (cost of a local call) or by sending us an email.
We will then contact Swiss Post to start an investigation. A Swiss Post survey can last up to 21 days from the start date of the investigation. If during this period, the product is found, it will be re-transported immediately to your home (the majority of cases). If, on the other hand, the product is not found at the end of the 21-day investigation period, the Post Office considers the package as lost.
Only then can we return a replacement product to you, at our expense. If the ordered product(s) were no longer available at that time, we will refund the amount of the products affected by the loss of the carrier.
We decline all responsibility for the extension of delivery times due to the carrier, in particular in the event of loss of products or strike.
7.4. Delivery problems due to the carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products ...) must be indicated on the delivery note in the form of "handwritten reserves", accompanied by the signature of the customer.
The user must at the same time confirm this anomaly by sending the carrier within two (2) working days following the date of delivery a registered letter with acknowledgment of receipt setting out the said claims. The user must send a copy of this letter by fax or by simple mail to:
53 avenue d'Orléans
7.5. Delivery errors
- The user must make to the company Rebel Forge the same day of delivery or at the latest the first working day following delivery, any claim of delivery error and / or non-conformity of the products in kind or quality compared to the indications on the order form. Any claim made beyond this period will be rejected.
- The formulation of this claim with the company Rebel Forge can be made by email or by phone at 04 42 82 13 52 from Monday to Friday from 10am to 7pm.
- Any claim not made in the rules defined above and within the time limits can not be taken into account and will release the company Rebel Forge from any responsibility towards the user.
- Upon receipt of the complaint, the company Rebel Forge will assign an exchange number of the product(s) concerned and will communicate it by e-mail, or by telephone to the user. The exchange of a product can only take place after the assignment to the user of an exchange number according to the procedure presented above.
- In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to rebel Forge as a whole and in its original packaging, by registered mail, to the following address:
53 avenue d'Orléans
To be accepted, any return must be reported during the complaint to the Customer Service of the company Rebel Forge . The shipping costs are the responsibility of the company Rebel Forge (only in case of delivery error), except in the event that it turns out that the product taken back does not correspond to the declaration of origin made by the user in the return form.
ARTICLE 8 - PRODUCT WARRANTY
All Products for sale on the Website benefit from the legal guarantee of conformity (L211-1 and following of the Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the Civil Code), allowing the User to return the Products delivered defective or non-compliant.
- Article L211-4 of the Consumer Code: The seller is required to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to him by the contract or has been carried out under his responsibility.
- Article L211-5 of the Consumer Code: To be in conformity with the contract, the property must:
1) Be fit for the use usually expected of a similar good and, if necessary: correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2) Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
- Article L211-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.
- Article 1641 of the Civil Code: The seller is bound by the guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would have given only a lower price, if he had known about them.
- Article 1648 al 1 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.
In accordance with Article 4 of Decree No. 78-464 of 24 March 1978, the provisions hereof may not deprive the user of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of hidden defects of the thing sold.
ARTICLE 9 - RIGHT OF WITHDRAWAL OF INDIVIDUALS
Right of withdrawal (only for deliveries within Europe)
All Products delivered in Europe may be reimbursed except those excluded by law and marked to this effect, for example Products that have been personalised at the User's request, Audio or video recording Products or computer software when they have been unsealed by the consumer, (i.e. when the blister has been opened, removed or torn, as for example for CDs and DVDs).
The Products must be intact, complete, packed in the original packaging.
The user has a legal withdrawal period of 14 working days from delivery to return, at his own expense (with the exception of a defective Product upon receipt, or an error when sending the Product), the products that do not suit him. This period runs from the day of delivery of the user's order. If this period expires on a Saturday, Sunday or a public holiday or non-working day, it shall be extended until the first following working day.
In accordance with the law, professional customers (traders and legal entities) cannot claim this right of withdrawal.
Any return must be reported in advance to the Customer Service of the company Rebel Forge : by phone at 04 42 82 13 52 from Monday to Friday from 10am to 7pm. The product must be returned to the following address:
53 avenue d'Orléans
Only products returned as a whole, in their complete and intact original packaging (packaging, accessories, instructions ...), and accompanied by a copy of the purchase invoice for optimized management, will be taken back.
Any product that has been damaged, damaged or soiled by the customer or whose original packaging has been damaged, will not be refunded or exchanged.
In addition, for reasons of hygiene, and by their nature, some products can only be returned if they have never been removed from their packaging and/or used, in order to allow a new marketing (for example: cosmetics, textile cosmeto, earrings and piercing, products containing an odometer or a time meter related to use).
With regard to custom-made goods, in particular rings, rings, suits, shoes made to measure, the right of withdrawal is excluded in accordance with Article L121-20-2 of the Consumer Code.
Also, all parcels for which no element makes it possible to identify the sender (surname, first name, address, order number) can also be taken back.
In case of exercise of the right of withdrawal within the aforementioned period, only the price of the returned product(s) will be refunded.
The return costs (by La Poste or another carrier) remain the responsibility of the user.
Rebel Forge undertakes to reimburse the User who has exercised his right of withdrawal the sums as soon as possible and at the latest within fourteen (14) days of receipt of the returned product.
The refund will be made either by bank transfer, in which case the User must provide an R.I.B, or by check.
ARTICLE 10 - SIGNATURE AND PROOF
In any case, the online provision of the credit card number and the final validation of the order will be proof of the entirety of the said order in accordance with the provisions of the law of 13 March 2000 and will be worth the payment of the sums incurred by the seizure of the Products appearing on the order form.
This validation constitutes signature and express acceptance of all operations carried out on the Website
However, in the event of fraudulent use of his credit card, the User is invited, as soon as this use is noted, to contact Customer Service by calling 04.42.82.13.52 (cost of a local call)
The computerized records, kept in the computer systems of Rebel Forge and its partners under reasonable conditions of security, will be considered as proof of communications, orders and payments between the Parties.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with Article 1348 of the Civil Code.
ARTICLE 11 - LIABILITY
Rebel Forge has for all stages of order taking as well as for the stages after the conclusion of the contract an obligation of result.
Thus Rebel Forge undertakes to describe with the greatest accuracy the products sold on the Website. On the other hand, rebel Forge cannot be held liable in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable fact of a third party to the contract or to a case of force majeure as defined by French case law.
Similarly, Rebel Forge cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, an external intrusion or the presence of computer viruses.
ARTICLE 12 - PERSONAL INFORMATION
The information requested from the user is necessary for the processing of his order and may be communicated to the contractual partners of the Rebel Forge company involved in the execution of this order.
In accordance with the law of 6 January 1978, the user has the right to access and rectify data concerning him. This right can be exercised by mail to the address provided at the top of this page.
ARTICLE 13 - INTELLECTUAL PROPERTY
All elements of the Website, whether visual or sound, including the underlying technology, are protected by copyright, trademark or patent. Likewise, the trademarks, logos, designs and models appearing on the Website are the exclusive property of Rebel Forge. Their disclosure shall in no way be construed as granting any license or right to use such trademarks and distinctive elements protected by copyright. They cannot therefore be used under penalty of counterfeiting.
Thus, none of the documents from the Website may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever.
However, it is possible to download a copy of the documents to a computer for the User's personal use and only for non-commercial purposes, provided that the User does not modify the information contained and that he keeps intact all copyrights and other proprietary notices. Modification of these documents or their use for any other purpose constitutes an infringement of Rebel Forge's intellectual property right.
The User who has a website in a personal capacity and who wishes to place, for personal use, on his site a simple link directly to the home page of the Website, must necessarily request the authorization of the company REBEL FORGE. This will not be an implied affiliation agreement.
On the other hand, any hypertext link referring to the Website and using the technique of framing or in-line linking is strictly prohibited. In any case, any link must be removed at the request of the Rebel Forge.
ARTICLE 14 - ENTIRETY
In the event that one of the clauses of this contract is null and void by a change in legislation, regulation or by a court decision, this shall in no way affect the validity and compliance with these general conditions of sale.
ARTICLE 15 - DURATION
These conditions apply throughout the duration of the online services offered by the company Rebel Forge.
ARTICLE 16 - APPLICABLE LAW AND JURISDICTION
The General Terms and Conditions are subject to French law. The competent court in the event of a dispute will be that of the place of domicile of the defendant or, at the choice of the plaintiff, the place of actual delivery of the Product.
The Website complies with French law, and under no circumstances does Rebel Forge give any guarantee of compliance with the local legislation applicable to you, as soon as you access the Website from other countries.