LURE & TACKLE
GENERAL CONDITIONS OF SALE CONSUMERS
The company LURE & TACKLE , simplified joint stock company with capital of 1,500 euros, registered with the Trade and Companies of Aix-en-Provence under number 882 628 183 (SIRET: 882 628 183 00015 / Number SIREN: 882 628 183 / APE code: 4719B / Intracommunity VAT number: FR95882628183 ), whose head office is located at 4 Allée de la Piboulado, 13500, Martigues, France, (hereinafter the “ LURE & TACKLE Company ”) is engaged in manufacturing and / or the marketing in France of fishing articles.
The LURE & TACKLE Company carries out this activity in particular by operating the LURE & TACKLE website, accessible at the address www.luretackleshop.com .
The LURE & TACKLE Site is edited and operated by the LURE & TACKLE Company.
The Company is also the owner of the LURE & TACKLE Site and all the rights attached to it.
The Director of the publication is Mr. Gérald BARONCINI.
Email address: firstname.lastname@example.org
The host of the web and mobile sites www.luretackleshop.com and of its mobile and tablet applications, accessible at the address "https://www.luretackleshop.com" is the company ORION, a one-person limited liability company with capital of 1,000 euros - registered in the Aix-en-Provence Trade and Companies Register under number 491 311 809, with registered office in Martigues, France (Telephone: 04 42 81 10 74).
All the information relating to the Products marketed by the Company is accessible on its website “www.lureteckleshop.com”.
The Company and the Client are together referred to as the " Parties " and individually a " Party ".
The Customer has had access to all the information he considers necessary and is solely responsible for the Order of one (or more) Product (s) on the LURE & TACKLE Site.
These General Conditions of Sale apply to any Order of one (or more) Product (s) by the Customer from the Company via the LURE & TACKLE Site. The Company draws the Customer's attention to the fact that it may modify its General Conditions of Sale at any time. The General Conditions of Sale applicable to a Client are the General Conditions of Sale in force at the time of the Order of one (or more) Product (s) by the Client.
Any Order of a Product constitutes unconditional and unconditional acceptance of these General Conditions of Sale by the Customer. By placing an Order on the LURE & TACKLE Site, the Customer acknowledges having communicated in clear terms, in a readable and understandable manner, all of the elements referred to in the provisions of article L.221-5 of the Consumer Code.
1. Contract documents.
The Contract is made up of the following documents in descending hierarchical order:
- The Order of one (or more) Product (s);
- These General Conditions of Sale;
The documents listed above constitute the entire agreement between the Parties, having regard to the subject of the Contract and replace and cancel all declarations, negotiations, commitments, oral or written communications, acceptances, and prior agreements between the Parties. , relative to the same object. The Contract prevails over any other document. The Contract may only be amended by means of an amendment signed between the Parties by a duly authorized representative.
" Company " and / or " LURE & TACKLE " means the simplified joint stock company with a capital of 1,500 euros, registered in the Aix-en-Provence Trade and Companies Register under number 882 628 183, whose registered office is at 4 Allée de la Piboulado, 13500, Martigues, France.
" LURE & TACKLE site " means all the websites and mobile phones, and their content, accessible at the address "https://www.luretackleshop.com" as well as all the URL addresses belonging to the domain name "luretackleshop.com ".
“Contract” means the sales contract concluded between the Company and the Customer, which consists of the confirmation of his Order by a Customer.
“ Order ” refers to the Product (s) selected by the Customer on the LURE & TACKLE Site and which are the subject of a Contract between the Company and the Customer.
" General Conditions of Sale " means these General Conditions of Sale.
" Customer (s) " means any natural person, accessing, visiting, browsing and / or using the LURE & TACKLE Site, for personal purposes, occasionally or habitually, identified and who purchases one (or more) Product (s) on the LURE & TACKLE website. The Customer is a consumer within the meaning of the Consumer Code.
“ Product (s) ” means the fishing articles marketed by the Company on the LURE & TACKLE Site.
"Intellectual Property Rights" means all copyrights, industrial property rights, trademarks, patents, designs and models, domain names, software rights, source codes, rights of database producers and all other rights. registered or unregistered intellectual property, including the rights attached to applications for all intellectual property titles, of which the Company is the owner and / or holder.
“ Brand ” means the “LURE & TACKLE” brand.
The purpose of these General Conditions of Sale is to define the rights and obligations of the Parties with respect to the purchase by a Customer of one (or more) Product (s) on the LURE & TACKLE Site.
The Company markets in France Products intended for the fishing activity.
Some of the Products marketed by the LURE & TACKLE Company on the LURE & TACKLE Site are Products manufactured by its supplier partners. LURE & TACKLE's supplier partners ensure and guarantee the compliance of each of their Product (s) with current French legislation and standards applicable in France.
The LURE & TACKLE Company also markets the Products of the LURE & TACKLE brand, which it manufactures and for which it ensures, as a manufacturer, their compliance with the French legislation in force and the standards applicable in France.
The essential characteristics of each Product are detailed on the page containing the description of said Product on the LURE & TACKLE Site.
The Company draws the Customer's attention to the fact that the Products and their description are likely to change over time.
In order to place an Order on the LURE & TACKLE Site, the Customer must first have registered on the LURE & TACKLE Site and have provided the information required for registration. This information is surname, first name, email address, home address and telephone number.
When confirming his Order, the Customer must (i) confirm the Order of the selected Product (s), (ii) read and accept the General Conditions of Sale and then (iii) proceed to the payment of his Order according to the terms defined in Article 5 of these General Conditions of Sale.
After confirmation of his Order by the Customer, the Order becomes firm and final.
The Company confirms the receipt of his Order to the Customer by sending an email.
A Contract is thus concluded between the Company and the Client.
Any Order of one (or more) Product (s) from the Company via the LURE & TACKLE Site is made in the French language.
The Client's co-contracting party is the Company.
Only people aged eighteen (18) at least and having legal capacity can register and place an Order on the LURE & TACKLE Site.
The LURE & TACKLE Company advises the Customer to save and / or print the contractual documents. In any case, the Customer can request these contractual documents in writing, by sending an email to: email@example.com .
5. Price and payment of the Price.
5.1. Payment of the price.
The provisions of this Article apply when the Customer purchases one (or more) Product (s) on the LURE & TACKLE Site (ie when the Customer confirms an Order).
The price of each Product is indicated inclusive of all taxes ( TTC). The VAT rate applicable on the day of purchase appears directly and is included in the final price paid by the Customer.
The prices are indicated in euros and payable in euros.
The Customer accepts and acknowledges that the delivery of the Product (s) ordered is made against payment of the full price of the Order and the delivery costs, as referred to in Article 6 of these Conditions. General Sales.
Payment is made directly by the Customer upon confirmation of the Order.
5.2. Terms of payment of the price.
The price of each Order is payable directly and at once on the LURE & TACKLE Site.
Payment is made via and provided by a third party partner of the company . The Company does not intervene in any way in the realization of the payment of the price of an Order by the Customer.
All possible costs related to a payment are the responsibility of the Customer.
The Company does not collect the banking data of its Customers.
The Customer must inform and / or confirm, when confirming each Order: his name, first name, desired delivery address, billing address, email address and telephone number.
The invoice issued by the Company following the confirmation of an Order by a Customer will be printed and sent to the Customer with his Order in the delivery package.
The Customer also accepts that an electronic (dematerialized) invoice can be issued under the Contract and serves as the original invoice in accordance with article 289 of the General Tax Code. In such a case, the Customer accepts this dematerialization of the invoices in PDF format and expressly waives the right to contest the validity of the signed electronic invoices established in application of the Contract solely because these invoices have been established and transmitted by electronic means.
6. Terms and Delivery Times .
The Company delivers the Products purchased by the Customer within the period indicated in the summary of his Order and according to its stocks .
The deadlines indicated in the summary of the Customer's Order are only mentioned for information. The Company draws the Customer's attention to the fact that the confirmation of an Order depends in particular on its stocks.
The Order will only be delivered to the Customer upon receipt and actual collection by the Company of the price corresponding to said Order.
The Customer may not under any circumstances hold the Company responsible for non-compliance with the delivery deadline when the Product (or one of the Products) making up its Order is not in the Company's stocks. In such a case, the delivery time may be extended. The Customer will be kept informed as soon as possible after receipt of his Order by the Company.
The Order is delivered by the carrier selected by the Customer when placing his Order.
All possible delivery costs are the responsibility of the Customer. These costs depend on the place of delivery, the volume of the Order and / or the weight of the Customer's Order . These costs are indicated in the final price of the Order paid by the Customer.
Delivery costs are offered when the Customer's Order exceeds the sum of ninety euros (59 €) and must be delivered in mainland France or Corsica.
Delivery costs are offered when the Customer's Order exceeds the sum of six hundred euros (€ 600) and must be delivered outside mainland France and Corsica.
In addition, the Customer accepts that when his Order includes a so-called bulky object, such as fishing rods, transport tubes and all elements presenting a similarity, a fixed amount of five euros (5 €) will also be invoiced to the Customer for the delivery.
Delivery is made to the delivery address indicated by the Customer . The Customer undertakes to be present on the date, at the time and at the delivery address agreed upon when placing his Order or, where applicable, to pick up his Order from the relay point that he has selected in a fourteen (14) day period. This period is given as an indication and may be shorter depending on the relay point.
Once delivery has been made, the Customer undertakes to immediately check whether his Order is complete and whether each of the Product (s) ordered is possibly damaged. The Customer signs the delivery note (hereinafter the “Delivery Note”). By signing the Delivery Note, the Customer acknowledges receipt of his Order. The transfer of risks and ownership of the Product (s) takes place when the Customer signs the Delivery Note.
In the event that the Product (s) delivered do not comply with his Order, the Customer is required to enter directly on the Delivery slip his comments and reservations regarding the Product (s). ) concerned and to notify the Company in writing as soon as possible.
The Company will contact in writing, by sending an email to the Customer at the email address he will have mentioned when placing his Order, within seven (7) working days following receipt of his complaint in order to find a solution. with the customer.
In the same way and under the same terms, the Customer is required to inform the Company of any damage to which one (or more) Product (s) of his Order may have been subject due to transport / delivery. .
In the event that the Customer is not present during the initial delivery of his Order or does not collect his Order from the selected relay point, the Product (s) making up his Order may - according to the terms and conditions delivery chosen - be returned to the Company. The Company will make the said Product (s) available to the Customer. In the event that the Customer would like the Product (s) to be delivered to him again, the delivery costs will be borne by the Customer.
The delivery time, indicated as an indication, is extended in the event of an event of force majeure or a fortuitous event. In such a case, the delivery period is extended depending on the duration of the impediment.
The Company cannot be held responsible for failure to meet a delivery deadline when the cause (or origin) results from the action of a third party to the Company and in particular due to the transport company.
In any event, the Company will implement the necessary and reasonable means to keep the Customer informed of any extension of time that may occur with respect to the delivery of his Order.
7. Withdrawal of an Order by a Customer.
In accordance with the legislation in force, the Customer who purchases one (or more) Product (s) on the LURE & TACKLE Site has a period of fourteen (14) days to retract.
In this regard, the Company draws the Customer's attention to the fact that the latter, to exercise this right of withdrawal, must provide proof of the date of receipt of his Order. The signed Delivery Note is binding between the Parties.
The aforementioned period of fourteen (14) days runs from the first day following receipt of his Order by the Customer.
In such a case, the Customer must return the withdrawal form attached to these General Conditions of Sale, the Product (s) subject (s) of the withdrawal as well as proof of the purchase of said (or more) Product (s) on the LURE & TACKLE Site and proof of receipt of the Order (the signed Delivery Note) by Parcel followed at the Company's head office (4 Allée de la Piboulado, 13500, Martigues, France).
The Company draws the Customer's attention to the fact that the Product (s) subject to a withdrawal must be returned in the aforementioned terms within the period of fourteen (14) days from the date of dispatch. of the return package as proof between the Parties.
In the event that the Customer makes use of his right of withdrawal, the Company will immediately send an acknowledgment of receipt of his declaration of withdrawal to the email address which will have been mentioned on the withdrawal form (or, in the event where the Customer has not filled in this mention, to the email address indicated during the Order subject to withdrawal).
The Customer's withdrawal within the aforementioned periods and conditions will result in a refund of the purchase price of each Product concerned for the benefit of the Customer on the bank account used when confirming the Order within fourteen (14) days from the receipt by the Company: (i) of the withdrawal form, (ii) of the Product (s) concerned, (iii) of proof of purchase of said Product (s) on the LURE & TACKLE Site and (iv) proof of receipt of the Order (the signed Delivery Note).
Delivery costs will not be reimbursed to the Customer
The Company does not cover the return costs linked to the Customer's withdrawal.
The Company is entitled to refuse the reimbursement of one (or more) Product (s) to the Customer in the event of fraud and / or attempted fraud of the latter within the framework of the exercise of his right of withdrawal (in particular in the assumption that the Product (s) have been used, damaged or deteriorated and / or in the event that the returned Product (s) do not correspond to the Product (s) (s) purchased by the Customer on the LURE & TACKLE Site.
These withdrawal terms are only applicable when the Customer has purchased one or more Product (s) directly on the LRE & TACKLE Site.
Any purchase of a Product from a company and / or e-commerce site other than the Company and / or the LURE & TACKLE Site may under no circumstances be the subject of a withdrawal and a refund from the of the society.
Purchases made via the LURE & TACKLE Site are subject to the conditions of the legal guarantee of conformity provided for in particular in Articles L.217-4, L.217-5 and L.217-12 of the Consumer Code (guarantee for a period of twenty-four (24) months in accordance with the provisions of Article L.217-7 of the Consumer Code) as well as the legal guarantee against hidden defects provided for in Articles 1641 et seq. of the Civil Code (guarantee of twenty-four (24) months from the discovery of the defect).
A / The legal guarantee of conformity.
The Customer has a period of (2) two years from the delivery of the Product to act.
The Customer can choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code.
The Customer is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four (24) months following delivery of the Product.
This legal guarantee of conformity applies independently of any commercial guarantee granted by the Company.
In any event, the Customer is reminded that under the provisions of Article L.217-4 of the Consumer Code:
“ The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility. "
Under the terms of Article L.217-5 of the Consumer Code:
" The good conforms to the contract:
1 ° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. "
B / The legal guarantee against hidden defects.
For the complete information of the Client, in accordance with the provisions of Articles 1641 et seq. Of the Civil Code:
Article 1641 of the Civil Code:
" The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them . "
Article 1642 of the Civil Code:
“ The seller is not liable for apparent defects of which the buyer has been able to convince himself. "
Article 1643 of the Civil Code:
“ He is liable for hidden defects, even though he would not have known them, unless, in this case, he has stipulated that he will not be bound by any guarantee . "
Article 1644 of the Civil Code:
" In the case of articles 1641 and 1643 , the buyer has the choice to return the item and to have the price returned, or to keep the item and to have part of the price returned, as it will be arbitrated by experts. "
8.2 Implementation of its guarantees.
The Customer can exercise these guarantees by sending his request directly to the Company LURE & TACKLE at its head office, located at 4 Allée de la Piboulado, 13500, Martigues, France.
This request must be sent to the Company by registered mail with acknowledgment of receipt within fifteen (15) days following the discovery of the defects or defects. The Customer must set out in his request the reasons and / or reasons which lead him to implement one of the two above-mentioned guarantees.
Upon receipt of each request, the Company will contact the Customer in writing as soon as possible, without this period not exceeding fifteen (15) working days from receipt of the request. The Company and the Client will jointly agree on a telephone interview so that the Client can explain to the Company the defect or defect invoked and, if applicable, that an amicable solution is found in the event that the Client's request is justified. .
In the event that the Company and the Client fail to find a solution, the most diligent party will be free to approach the mediator in accordance with the terms referred to in Article 11.7 of these General Terms and Conditions of Sale.
The receipt of an Order by the Customer, made without reservation, implies acceptance of the apparent state of the Product (s) referred to in said Order.
No return of Product (s) will be accepted by the Company without having previously been authorized by the Company.
The Company draws the Customer's attention to the fact that it is not the manufacturer of all the Products sold on the LURE & TACKLE Site.
9. Intellectual Property.
9.1. All of the Company's creations remain its exclusive property. The Company reserves the right to resell or use all or part of its creations.
9.2. The Company is the owner and / or holder of the necessary rights and / or relating to the content of the LURE & TACKLE Site. All of these elements are protected by the legislation in force on copyright and intellectual property. Without prior written consent from the Company, it is prohibited to use and / or reproduce, in any way and for any purpose, even partially, the content of the LURE & TACKLE Site and / or the Rights of Intellectual Property owned and / or held by the LURE & TACKLE Company.
9.3. The purchase of a Product on the LURE & TACKLE Site does not confer on the Customer any right, of any kind whatsoever, over the LURE & TACKLE Brand and / or over all rights, in particular Intellectual Property Rights, including is the owner and / or holder of the Company.
9.4 The LURE & TACKLE Trademark is a registered trademark. All rights reserved.
10. Collection and processing of confidential data
By registering on the LURE & TACKLE Site and placing an Order for one (or more) Product (s) with the Company via the LURE & TACKLE Site, the Customer expressly and unconditionally accepts the collection, processing and the use of their data as described in this article.
In accordance with the provisions of law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, amended by law n ° 2018-493 of June 20, 2018, and with law n ° 2004-575 of June 21, 2004 for confidence in the digital economy, the Customer is informed that the information he communicates to the Company via the LURE & TACKLE Site is collected and processed by the LURE & TACKLE Company.
The collection and processing of this data by the Company allows the Company to differentiate each Customer and to deliver to each Customer the Product (s) subject (s) of an Order placed on the LURE & TACKLE Site.
The data collected by the Company are last name, first name, landline (or mobile) telephone, domicile, e-mail address, delivery address and billing address. This is the data collected during the Customer's registration on the LURE & TACKLE Site and during the purchase of one (or more) Product (s) by a Customer on the LURE & TACKLE Site. The Company does not collect the banking data of its Customers.
The Company guarantees the Customer that information is collected and processed in accordance with the legislation in force.
These data will be processed internally and anonymously by the Company. These data will not be communicated and / or transferred and / or ceded by the Company, whether free of charge or against payment, to any third party.
These data will however be communicated by the Company to the company in charge of delivering the Product (s) purchased by the Customer.
The Customer has the right to access, rectify (and delete) data (or some of them) concerning him.
The Customer can exercise his rights by sending an email to the following address:
The Customer declares that the data communicated on the occasion of the signing of the Contract are perfectly sincere, informed and accurate. It is recalled that any person making a false declaration for himself or for others is exposed, in particular, to the sanctions provided for by article 441-1 of the Penal Code, providing for penalties of up to three years. imprisonment and a fine of 45,000 euros.
The Customer is solely responsible for the data he communicates to the Company.
11. General Stipulations.
11.1 Assignment . The Contract is concluded in consideration of the person of the Customer (in particular because of the characteristics of the Product (s) ordered (s)) and cannot therefore be the subject of a transfer, free of charge or against payment, for the benefit of a third party without the prior written consent of the Company. Any assignment or transfer made in violation of the aforementioned stipulations will be void. The Company reserves the right to subcontract and / or assign all or part of its rights and obligations under the Contract to a third party.
11.2 Notifications . Any notification or communication under the Contract must be in writing and sent by e-mail or letter (registered with acknowledgment of receipt) to the addresses indicated when confirming an Order. Any notification or communication will be deemed to have been validly delivered from the date of its receipt or after a period of three (3) days following its sending, whichever occurs first. Any change of the Customer's delivery and / or billing address must be notified in writing to the other party, by email.
11.3 No waiver . The fact that one or the other of the Parties does not invoke a breach by the other Party of any of its obligations under the Contract or these General Terms and Conditions of Sale cannot be interpreted as a waiver of the obligation in question.
11.4 Partial invalidity . If one or more stipulations of the Contract and / or these General Conditions of Sale are held to be illegal or unenforceable or considered as such in application of a law, a regulation or a court decision that has become final, they will be deemed unwritten and other stipulations will remain in effect.
11.5 Titles. The titles of the articles of the Contract and / or these General Conditions of Sale are only indicative and do not allow interpretation of the content of the provisions relating thereto under the Contract and / or these General Conditions of Sale.
11.6 Applicable law and attribution of jurisdiction .
The Contract and these General Conditions of Sale are subject to and governed by French law.
Under Article L. 612-1 of the Consumer Code “ Any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable termination of the dispute between him and a professional. ". This covers disputes of a contractual nature, relating to the execution of a contract of sale or supply of services, between a consumer and a professional.
In accordance with the provisions of Articles L 611-1 and R 612-1 et seq. Of the Consumer Code concerning the amicable settlement of disputes: When the consumer has sent a written complaint to the professional and he has not obtained satisfaction or response within two months, he can submit his complaint free of charge to the consumer mediator. The mediator must be contacted within a maximum period of one year from the initial complaint.
The MEDICYS Mediation and Cyber-Services Center can be contacted directly at the following address:
73 boulevard de Clichy, 75009 Paris
All information relating to the MEDICYS Mediation and Cyber-Services Center is accessible on its website: https://medicys-consommation.fr/
In the event that the dispute persists and the Customer is a consumer within the meaning of the Consumer Code, the Customer may seize, by application of the provisions of Article R. 631-3 of the Consumer Code, either one jurisdictions with territorial jurisdiction under the Code of Civil Procedure, i.e. the jurisdiction of the place where he resided at the time of the conclusion of the Contract or the occurrence of the harmful event.
LURE & TACKLE Withdrawal Form
I, the undersigned M./Mme
Having acquired the Product (s) (reference):
Delivery / receipt date:
Wishes to withdraw from this purchase and obtain a full refund of the price of said Product (s). The refund must be made by bank transfer to the bank account used when purchasing said Product (s) on the LURE & TACKLE Site.
Mr. / Mrs.:
1 / Product (s) affected by the withdrawal request;
2 / proof of purchase of said Product (s) on the LURE & TACKLE Site and
3 / proof of receipt of the Order (the signed Delivery Note)