General Terms of Sale
General Terms of Sale
These are the general conditions of sale (the “General Conditions of Sale”) of Urbansider, a simplified joint stock company with share capital of 16.400€, having its registered office at 2 rue Lecourbe, 75015 Paris, identified in the Trade and Companies Register of Paris under number 843 959 107, operating its business under intra-community VAT number FR17 843 959 107 and notably owning the Urbansider trade mark, French trade mark relating to telecommunications, entertainment and temporary accommodation (“Urbansider”).
1. Purpose and acceptance of the General Conditions of sale
The General Conditions of Sale are applicable to any on-line order placed on the electronic commerce internet website of Urbansider available at the address www.urbansider.com (the “Website”) for local gifts (namely bags, clothes, food, candles,…) (hereinafter collectively referred to as the “Products”) by a final consumer of full age located in mainland France or in one of the other zones served by Urbansider (the “Client”).
The purpose of the General Conditions of Sale is to determine the formalities for on-line sale of the Products by Urbansider, and the rights and obligations of a Client making an on-line purchase.
Urbansider sells the Products appearing on its Website for retail purposes only and to final consumers.
The General Conditions of Sale in force are available at all times on the Website and the Client has the option of saving and/or printing them prior to confirming its order.
The Client shall confirm, by checking the box provided for this purpose, that prior to placing its order it has read and unconditionally accepts the General Conditions of Sale. The Client shall in any event be deemed to have accepted the General Conditions of Sale when it confirms the order.
The General Conditions of Sale applicable to the sale are those in force on the date when the order is placed. Any derogation from the General Conditions of Sale shall only be valid following the prior written agreement of Urbansider.
Urbansider reserves the right to update the General Conditions of Sale at any time, the new General Conditions of Sale applying to any new order made as of the date they are posted on-line.
2. Products offered for sale on the Website
2.1 Description of the Products
In accordance with Article L. 111-1 of the Consumer Code, the Client has the option, prior to its order, of finding out on the Website about the essential features of the Product(s) which he/she wishes to order.
Urbansider takes the greatest care in presenting the Products on the Website. Nevertheless, the photographs and graphics illustrating the Products are only illustrative and variations may occur. In the event of a clear difference between the features of the Product and representation of the Product, Urbansider shall not be held liable in any circumstances.
The Client is invited to read the description of the Products on the Website and to contact Urbansider to obtain any additional information, if necessary.
2.2 Availability of the Products
The Products are offered for sale to the extent that stocks are available. Urbansider gives no guarantees as to the availability of the Products presented on the Website.
In the event that one or more Products are unavailable after an order has been placed, the Client will be notified by electronic mail sent to the e-mail address given at the time of his/her order and the price representing the missing Product(s) will not be charged or, where applicable, will be refunded to the Client’s bank account or bank card.
Where a Product is purchased by way of pre-order, the Client will be charged on the day when the pre-order is placed.
3. Prices for Products shown on the Website
The prices of the Products appearing on the Website are denominated in Euros, inclusive of all taxes.
Packaging and delivery costs may be invoiced separately, depending on the value of the order, and will in any event be confirmed to the Client prior to final confirmation of his/her order.
Urbansider reserves the right to change its prices at any time, without any formalities other than making the changes on the Website, the price invoiced to the Client being the price shown when the order is registered.
The terms of an offer may be varied until the Client has confirmed its order in accordance with the provisions set out below. If an order is varied after any change to the prices has taken place, the new prices shall apply automatically.
4. Formalities relating to Product orders
In order to place an order on the Website, the Client must be of full age, have legal capacity and have use of a payment method authorized according to the Website.
The sale shall be deemed to be finalized once the Client has confirmed payment and received the confirmation email.
The Client acknowledges that, unless there is evidence to the contrary, the data recorded on the Website shall constitute evidence of any transaction between the Client and Urbansider.
5. Refusal of an order
Urbansider reserves the right to refuse or cancel any order, for a legitimate reason, for example relating to difficulty in supplying a Product, a problem with understanding the order received (illegible document, etc.) or a foreseeable problem concerning the delivery to be made or relating to any anomaly in relation to the order placed on the Website.
In these circumstances, Urbansider will send the Client an electronic mail using the e-mail address provided by him/her when the order was placed and will not deduct the sums payable or, where applicable, will reimburse the Client for any sums already received by Urbansider in relation to the disputed order.
All orders, irrespective of their origin, shall be paid for on-line, in Euros, using the authorized payment methods offered on the Website.
The Client warrants that he/she has the authorizations required to use the chosen payment method at the time of confirmation of the order. Any payment irregularity shall result in automatic cancellation of the order and/or immediate suspension of delivery of the Product(s).
7. Delivery of the Products
7.1 Place of delivery
The Products shall be delivered to the delivery address given during the ordering process, no later than seven (7) days following confirmation of your order by Urbansider for delivery in mainland France . In this regard, it should be noted that (i) Products purchased by way of pre-order will be delivered on the date shown on the Website and (ii) Products can be delivered in mainland France and to any other zone served by Urbansider. To find out whether the proposed delivery location falls within the zones served by Urbansider, contact should be made with the Urbansider at the address set out in the Preamble. No deliveries can be made outside this area.
For any delivery outside mainland France, the delivery period will be referred to in the confirmation email. The Client will have the option of monitoring progress of his/her order using a tracking number. Urbansider makes no deliveries to the following countries (this list being indicative and not exhaustive): Africa, Syria, Iran, Irak, Afghanistan, China, North Korea.
Urbansider shall not be held liable for any losses resulting from an error made by the Client in the information provided (lost Product, delay in delivery, etc.).
If, on the day of delivery, the Client is not present at the delivery address given when the order was placed, a delivery note will be placed in his/her letterbox, asking him/her to collect his/her package from the carrier’s office within the period shown on the delivery note. After this period, the package will be returned to Urbansider.
The Client acknowledges that delivery shall be deemed to be effective when the package is handed over through the letterbox, directly at the Client’s place of residence or at the carrier’s office, as evidenced by the carrier’s proof of delivery .
7.2 Delivery period and cost
The delivery period and cost depend on the method of delivery chosen by the Client when placing his/her order.
In the event of a delay in dispatch of the Product(s) ordered within the period indicated on the Website, Urbansider shall notify the Client, by electronic mail sent to the email address given by the Client at the time of his/her order, of the potential impact on the delivery date initially given to the Client.
Urbansider shall not be held liable for any delay in delivery attributable to the delivery services.
If delivery is not made within the maximum delivery period shown in the order confirmation email, the Client is entitled to cancel his/her order within a maximum period of sixty (60) days from the first day exceeding the delivery period and will be reimbursed for the value of the order cancelled .
For purchases made by way of pre-order, late delivery starts to run as of the first delivery date given at the time of the pre-order.
8. Acceptance of the Products
The Client is responsible for checking the condition of the packaging of the Product(s) and the conformity of the Products upon delivery.
In the event of any damage to the package or any visible anomaly (damaged or open package, etc.) the Client shall explain his/her reservations to the carrier or carrier’s office within a period of forty-eight (48) hours following the delivery date and report the matter to Urbansider, the contact details of which are set out in the Preamble. After examining the Product(s) (which must be returned to Urbansider within a period of fourteen (14) days following the delivery date) Urbansider may replace or refund them, depending on the circumstances .
9. Right of withdrawal
In accordance with the provisions of Articles L. 121-21 et seq. of the Consumer Code, the Client has the legal right to withdraw within a period of fourteen (14) calendar days from the date of receipt of the Product ordered from the Website, without being required to give reasons, by sending to Urbansider an unambiguous declaration clearly expressing his/her wish to withdraw, the contact details of which are set out in the Preamble.
As of notification of his/her intention to withdraw in the above circumstances, the Client shall have an additional period of fourteen (14) days to return the Product(s) by post to the address shown above at its expense, paid in advance, and under its liability.
For a refund to be payable, the Product(s) must be returned in their original packaging and condition, together with a copy of the invoice corresponding to the Product(s).
The Client is hereby informed that, for reasons of health and safety, Products which have been unsealed, opened and/or used by the Client after delivery may not be returned, in accordance with the provisions of Article L.121-21-8 of the Consumer Code.
If the conditions set out above are met, Urbansider will reimburse the Client for all sums incurred in relation to the order of the Products returned, including the delivery costs calculated on the basis of a standard delivery method, by payment to the Client’s bank account or card used when the order was placed, within fourteen (14) days from receipt of the returned Products by Urbansider.
Urbansider shall be liable for any lack of conformity of the Products sold in accordance with Articles L.211-4 et seq. of the Consumer Code and for latent defects in the Products sold in accordance with Article 1641 et seq. of the Civil Code.
Any claim made by the Client in relation to the statutory warranty as to conformity or the warranty against latent defects shall be sent to it.
Where the consumer wishes to claim under the statutory warranty as to conformity, he/she shall have a period of two (2) years from delivery of the Product to make the claim.
The consumer may choose between repair and replacement of the Product, subject to the conditions in relation to costs set out in Article L.211-9 of the Consumer Code.
The consumer shall be exempt from proving existence of the Product’s lack of conformity for twenty-four (24) months following delivery of the Product.
Where applicable, the statutory warranty as to conformity shall apply independently of any commercial warranty granted.
The consumer may decide to rely on the warranty against latent defects under Article 1641 of the Civil Code. In these circumstances, the consumer may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
11. Reservation of title – Transfer of risk
Urbansider reserves full title to the Products sold until Urbansider has received payment for them in full, including expenses and taxes. Transfer of the risks relating to the Product to the Client shall take place upon receipt of the Products by the Client, Urbansider remaining liable in the event of loss, theft, damage or destruction during carriage.
12. Limitation of liability
The Products offered for sale on the Website are aimed at consumers.
Urbansider shall not be held liable for any indirect loss or damage sustained by the Client or by third parties as a result of the Products or of use thereof.
Urbansider warrants that its Products conform to the French legislation in force but shall not in any circumstances be held liable in the event of non-conformity with the legislation in the country of delivery of the Products.
Urbansider shall not be held liable in the event of failure to perform the order as a result of circumstances of force majeure, such as disturbance, total or partial strike notably of the transport and/or communication services, fire, flood, etc.
Urbansider shall not be held liable for any direct or indirect loss, irrespective of the causes or consequences, including any loss of profits, clients or data arising as a result of use of the Products.
13. Intellectual property
The intellectual property rights attaching to the Products sold on the Website are and shall remain the exclusive property of Urbansider, who does not grant any licence or right other than the right to access the Website and use the Products.
14. Information technologies and liberties
The Client’s personal data is required for management of the order and for commercial relations. Such data may be forwarded to companies involved in commercial relations such as those responsible for the management, fulfilment, processing and payment of orders. This information and data is also retained for security purposes, in order to comply with the legal and regulatory obligations and to improve commercial relations with the Client, which includes sending the Client marketing information.
In accordance with the Information Technology and Liberties Act of 6 January 1978, the Client has a right to access, correct and object to the use of his/her personal data for legitimate reasons. The Client should simply write by email or post to the address appearing in Article 18, providing his/her surname, forename, email address and postal address.
15. Applicable law – Courts with jurisdiction
The General Conditions of Sale and the contractual relationship between Urbansider and the Client with regard to the order of Products from the Website shall be governed by French law. In the event of any dispute, the French courts shall have exclusive jurisdiction, to the exclusion of all other courts.