Refund policy

Website Refund Policy La Réserve Boutique

applicable from 05/22/2024

ARTICLE 1. PARTIES

This refund policy is applicable between COTE MAISON, SARL, share capital: 100000 €, registered with the RCS of Lyon in France on 01/21/1999, under the number 421 578 071, head office: 2 RUE GUYNEMER, 69002 LYON, FR, phone: +33223179700, email: shop@lareserve.com, intra-community VAT number: FR16421578071, hereinafter referred to as "the Publisher" and any person, physical or legal, private or public law, registered on the Site to purchase a Product, hereinafter referred to as "the Customer".

ARTICLE 2. DEFINITIONS

" Customer ": any individual or legal entity, private or public law, registered on the Site.

" Site Contents ": elements of any nature published on the Site, protected or not by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software. 

" The Publisher ": COTE MAISON, LLC acting in its capacity as publisher of the Site.

" Internet User ": any individual or entity, private or public law, connecting to the Site.

" Product ": any type of goods sold on the Site by the Publisher to Customers.

" Site ": website accessible at the URL La Réserve Boutique, as well as the sub-sites, mirror sites, portals and URL variations related to it.

ARTICLE 3. SCOPE OF APPLICATION

The Site is free and open to all Internet users. Browsing the Site implies acceptance by all Internet users of these general conditions. Simply connecting to the Site, by any means whatsoever, including through a robot or a browser, will entail full and complete acceptance of these general conditions. During registration on the Site, this acceptance will be confirmed by checking the corresponding box.

The User hereby acknowledges having fully read and accepted them without restriction. 

Checking the aforementioned box will be considered to have the same value as a handwritten signature from the Internet user. The User acknowledges the evidentiary value of the automatic recording systems of the Publisher and, unless they can provide evidence to the contrary, they waive their right to dispute them in the event of a dispute.

The present general conditions are applicable to the relations between the parties to the exclusion of all other conditions, particularly those of the Internet user. 

The acceptance of these general conditions assumes that the Internet users have the necessary legal capacity to do so, or failing that, they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.

ARTICLE 4. OBJECT OF THE SITE

The purpose of the Site is to sell Products to Customers.

ARTICLE 5. ORDER STEPS

5.1 Order

In order to place an order, Internet users can select one or more Products and add them to their cart. The availability of Products is indicated on the Site, in the descriptive sheet of each item. When their order is complete, they will be able to access their cart by clicking on the button provided for this purpose.

5.2 Order validation by the User

By consulting their cart, Users will have the ability to check the number and nature of the Products they have chosen and can verify their unit price, as well as their total price. They will have the opportunity to remove one or more Products from their cart. 

If their order suits them, Internet users will be able to validate it. They will then access a form where they can either enter their login credentials if they already have them, or register on the Site by completing the registration form using their personal information.

5.3 Payment by the Customer

Once they are connected or after they have fully completed the registration form, Customers will be invited to check or modify their delivery and billing details, then they will be invited to make their payment by being redirected for this purpose to the secure payment interface bearing the mention " order with obligation to pay " or any similar formula. 

5.4 Order Confirmation by The Publisher

Once the payment is effectively received by The Publisher, the latter commits to acknowledge receipt to the Client electronically, within a maximum period of 24 hours. Within the same timeframe, the Publisher commits to sending the Customer a summary email of the order and confirming its processing, including all relevant information.

ARTICLE 6. PRICE - PAYMENT

6.1 Price

The applicable prices are those displayed on the Site on the day of the order. These prices can be changed at any time by The Publisher. The prices displayed are only valid on the day of the order and do not apply for the future.

The prices indicated on the Site are in euros, all taxes included, excluding delivery charges.

6.2 Payment Method

The Customer can make their payment via Paypal, Stripe, Amazon Pay, Google Pay, Shopify Payments, Apple Pay.

In the context of credit card payments, The Publisher does not have access to any data related to the Client's payment methods. The payment is made directly into the hands of the banking institution.

In case of payment by mandate, check or bank transfer, delivery times only start running from the date of receipt of payment by The Publisher.

6.3 Billing

The Publisher will send or make available to the Customer an electronic invoice after each payment. The Customer expressly agrees to receive invoices electronically.

6.4 Payment Default

The agreed payment dates cannot be delayed under any pretext, including in case of dispute.

Any amount not paid by the due date will automatically and without formal notice, result in the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the exigibility of the principal amounts due.

Furthermore, any delay in payment will result in the defaulting Customer being invoiced for recovery costs of 40 euros, the immediate due date of all remaining sums regardless of the agreed deadlines, increased by a penalty of 20% of the amount as a penalty clause, as well as the possibility of unilaterally terminating the contract at the Customer's fault. This clause is part of the provisions of Article 1152 of the Civil Code allowing the judge to reduce the compensation if the judge considers it excessive.

6.5 Retention of Title

The Products sold remain the property of The Publisher until full payment of their price, in accordance with this retention of title clause.

ARTICLE 7. CLAIM - WITHDRAWAL – WARRANTY

7.1 Customer Service

The Site's customer service can be accessed from the contact page of the site: https://shop.lareserve.com/pages/contact or by email at shop@lareserve.com or by postal mail at the address indicated in article 1 of these general conditions.

7.2 Right of Withdrawal - Distance Selling

This present article 7.2 applies to the Customer who is a consumer within the meaning of the introductory article of the Consumer Code.

7.21 Conditions for exercising the right of withdrawal

In accordance with the legislation in force on distance selling, the Customer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, except, where applicable, return costs. 

The period mentioned in the previous paragraph starts either from the day the distance contract is concluded for contracts relating to the provision of a service and/or the supply of digital content not provided on a physical medium, or from the receipt of the goods by the Customer or a third party, other than the carrier, designated by him, for sales contracts and service contracts including the delivery of goods.

In the case of an order for several goods delivered separately or in the case of an order for a good composed of lots or multiple pieces whose delivery is staggered over a defined period, the deadline runs from the receipt of the last good or lot or the last piece. For contracts providing for the regular delivery of goods over a defined period, the deadline runs from the receipt of the first good.

When the fourteen-day period expires on a Saturday, a Sunday, or a public holiday, it is extended until the next working day.

The decision to withdraw must be notified to The Publisher at the contact details indicated in Article 1 of these general conditions by means of an unambiguous statement. The Customer has, for example, the possibility to use the standard form provided at the end of these general conditions. In any event, the Publisher will send the Customer an acknowledgement of receipt of said retraction by email as soon as possible.

7.22 Effects of the right of withdrawal

The Customer returns or gives back the products to the professional or any person designated by the latter, without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw.

When the right of withdrawal is exercised, the professional is obliged to refund the Customer the full amount paid, as soon as possible and at the latest within fourteen days following the date on which this right was exercised. If applicable, the professional may defer the refund until the Products are recovered or until the Customer has provided proof of the Products' shipment, whichever event occurs first. Beyond this, the amount due automatically accrues interest at the current legal rate, as specified in Article L. 242-4 of the Consumer Code. 

If applicable, the professional makes the refund using the same method of payment that the Customer used for the initial transaction, unless the Customer expressly agrees to the use of another method of payment and provided that the refund does not incur any fees for the Customer. However, the professional is not obliged to refund additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered. 

The direct costs of returning the Product are the responsibility of the Customer. These charges are estimated at a maximum of 14.9 euros if, due to its nature, the Product cannot normally be returned by post.

The Customer's liability is only engaged in respect to the depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this Product.

The conditions, deadlines and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these general terms and conditions.

7.23 Exclusions from the right of withdrawal

The right of withdrawal does not apply, in particular, to the following contracts:

• for the supply of services fully performed before the end of the withdrawal period and whose execution began after the express prior agreement of the Customer and express waiver of his right of withdrawal;
• for the supply of goods made to the Customer's specifications or clearly personalized;
• for the supply of goods likely to deteriorate or expire rapidly;
• for the supply of goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection;
• for the supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;
• for the supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
• for maintenance or repair work to be carried out urgently at the Customer's home and expressly requested by him, within the limit of the spare parts and work strictly necessary to respond to the emergency;
• for the supply of audio or video recordings or computer software when they have been unsealed by the Customer after delivery;
• for the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
• concluded at a public auction;
• for services of accommodation, other than residential accommodation, services of goods transport, car rentals, catering or leisure activities which must be provided on a specific date or period;
• for the supply of digital content not provided on a physical medium whose execution has begun after express prior agreement of the Customer and express waiver of his right of withdrawal.

Similarly, the right of withdrawal is not applicable to contracts fully executed by both parties at the express request of the Customer before the latter exercises his right of withdrawal.

When validating the order of a digital content independent of any material medium before the expiration of the withdrawal period, the Customer's waiver of the right of withdrawal will be manifested by ticking the box corresponding to the following sentence: "I expressly waive my 14-day withdrawal right for the delivered Products". The Customer will then receive an email confirmation of their waiver of the right of withdrawal.

When validating the order of a service, the Customer's waiver of the right of withdrawal will be manifested by ticking the box corresponding to the following sentence: " I expressly waive my right of withdrawal of 14 days for services that I would benefit from before the expiration of this period ". The Customer will then receive an email confirmation of their waiver of the right of withdrawal.

The Customer who has exercised his right of withdrawal from a service contract, the execution of which has begun, at his express request, before the end of the withdrawal period, pays the professional an amount corresponding to the service provided up to the communication of his decision to withdraw, this amount being proportional to the total price of the service agreed in the contract.

7.3 Termination of the contract at the Client's initiative

The consumer Client may terminate the contract by registered letter with acknowledgment of receipt in case of exceeding the delivery date of the goods by more than seven days. The Customer will then be refunded the amounts committed by him at the time of the order.

This clause is not intended to apply if the delivery delay is due to a case of force majeure. In such a case, the Customer undertakes not to initiate legal proceedings against the Publisher and waives the right to invoke the resolution of the sale provided for in this article.

7.4 Guarantees

7.41 Warranty against visible defects and faults

It is the Customer's responsibility to check the good condition of the Products at the time of delivery. This verification must particularly focus on the quality, quantities and references of the Products as well as their conformity to the order. No claim will be considered after a period of three days from the delivery. In any event, any claim regarding the delivered parcels will only be considered if the Client, who is a merchant, has made reservations with the carrier in accordance with articles L. 133-3 and following of the Commercial Code

7.42 Warranty for hidden defects and flaws

7.421 Legal Guarantees

Customers have a legal guarantee of conformity (article 1604 of the Civil Code), a legal guarantee against hidden defects (articles 1641 and s. of the Civil Code) and a security guarantee (articles 1245 and following). of the Civil Code) 

Customers who are consumers also have a legal warranty of conformity (articles L. 217-4 and s. Consumer Code). 

7.422 Conventional Warranty

The Products benefit, in addition to the legal warranty, from a conventional conformity warranty in France, for a duration of 1 year from the delivery of the Product.

7.423 Return

In order to implement the warranty, it is the Customer's responsibility to return the product to the Publisher's headquarters address, accompanied by an explanatory letter requesting either repair, exchange, or refund. 

In any case, the Customer is asked to follow the Publisher's instructions regarding the return of Products precisely.

The cost of returning the Product remains the responsibility of the Customer, except for consumer Customers implementing the conformity guarantee of articles L. 217-4 and s. of the Consumer Code.

The consumer customer has a period of 2 years from the delivery of the goods to take action with the seller. In this regard, they can choose between the repair or replacement of the Product, subject to the cost conditions provided by Article L.217-9 of the Consumer Code. Finally, the Customer is exempted from providing proof of the Product's non-conformity for 24 months following the delivery of said Product, except for second-hand goods.   If applicable, the legal warranty of conformity applies regardless of the commercial warranty.    When the consumer Client decides to implement the warranty for hidden defects, they can choose between the resolution of the sale or a reduction in the sale price.

ARTICLE 8. FINAL STIPULATIONS

8.1 Applicable Law

The present general conditions are subject to the application of French law.

8.2 Modification of these general conditions

These general conditions can be modified at any time by The Publisher. The general conditions applicable to the Customer are those in effect on the day of their order or connection to this Site, any new connection to the personal space implying acceptance, where applicable, of the new general conditions.

8.3 Disputes

Under the order n°2015-1033 of August 20, 2015, any disputes with a consumer Client that may arise in the execution of these general conditions and for which a solution could not have been previously found amicably between the parties must be submitted.

Furthermore, the consumer Client is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

Since January 1, 2016, mediation is mandatory for everyone. Thus, any professional selling to individuals is required to provide the contact details of a competent Mediator in case of dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).

FEVAD Consumer Mediator  /  https://www.mediateurfevad.fr/

8.4 Entirety

The nullity of one of the clauses of this contract will not lead to the nullity of the other clauses of the contract or of the contract in its entirety, which will retain their full effect and scope. In such a case, the parties should, as far as possible, replace the cancelled stipulation with a valid stipulation corresponding to the spirit and purpose of the present.

8.5 Non-Waiver

The failure of the Publisher to exercise the rights recognized to him by these presents can in no case be interpreted as a waiver to assert said rights.

8.6 Telephone Canvassing

The Customer is informed that they have the option to register on the telephone canvassing opposition list at the address http://www.bloctel.gouv.fr/. 

8.7 Languages of these general terms and conditions

These general terms and conditions are offered in French.

8.8 Abusive Clauses

The stipulations of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning abusive clauses in contracts concluded between a professional and a consumer.