Terms and conditions of sale
Preamble
1 - Definition
2 - Purpose
3 - Creating an account
4 - How to order - Placing an order
5 - How to order - Confirmation
6 - How to order - Product prices
7 - Payment
8 - Delivery
9 - Conformity - Warranty - Right of withdrawal
10 - Product use conditions
11 - Liability
12 - Electronic files - Personal data protection
13 - Suspension - Termination
14 - Intellectual and industrial property rights
15 - Miscellaneous
16 - Suspension - Termination
PREAMBLE
1 - The site https://www.richard-diffusion.fr/en/ is published by RICHARD DIFFUSION SARL, a limited liability company with share capital of €50,000, headquartered in Nîmes (30900), 390 avenue Pavlov zone industrielle saint Césaire, registered under the unique identification number 387 526 064 RCS Nîmes ("Richard Diffusion").
Richard Diffusion is the author of the offer to sell the products presented on its website : https://www.richard-diffusion.fr/en/ (hereinafter the "Website")
2 - The present General Terms and Conditions of Sale apply between Richard Diffusion and the Customer of the Internet Site.
The General Terms and Conditions of Sale, together with the order form and order confirmation, constitute the sales contract between the Customer and Richard Diffusion relating to the sale of the Products ordered.
All orders placed on the Website require the Customer's prior and unreserved acceptance of the General Terms and Conditions of Sale in their entirety. In the event of disagreement with the terms and conditions of the General Terms and Conditions of Sale, the Customer must not use the Internet Site.
Richard Diffusion reserves the right to adapt or modify these General Terms and Conditions of Sale at any time and without prior notice, the adaptations or modifications being then applicable to all orders subsequent to these adaptations or modifications.
In the event of modification, the General Terms and Conditions of Sale applicable to the Customer's order are those which were online and which the Customer accepted on the day the Order was placed.
3 - For any information concerning the execution of one or more Sales Orders, or the processing of a claim, the Customer should contact Customer Service :
- By telephone: 0466238691 (toll-free) Monday to Friday, 9am to 6pm
- By post to the following address: 390 avenue Pavlov, 30900 Nîmes
- By email: contact@richard-diffusion.com
ARTICLE 1 - DEFINITIONS
The terms and expressions identified by a capital letter in the General Terms and Conditions of Sale have the meanings indicated below (whether used in the singular or plural).
- "General Terms and Conditions of Sale": refers to the present document, i.e. the terms and conditions applying to relations between Richard Diffusion and the Customer ;
- "Order": refers to the Customer's purchase order for one or more Product(s) placed using the Internet Site or via Customer Service ;
- "Internet Site": refers to the Internet site accessible at the following address https://www.richard-diffusion.fr/en/ edited by Richard Diffusion and/or to any other address with a different extension ;
- "Product": refers to a product offered for sale on the Website ;
- "Customer": refers to a natural person of legal age who uses the Internet Site and acquires one or more Products, for his/her personal needs, via the Internet Site, having previously adhered to the General Terms and Conditions of Sale.
ARTICLE 2 - PURPOSE
The General Terms and Conditions of Sale define the rights and obligations of Richard Diffusion and the Customer within the framework of the sale of Products by Richard Diffusion on the Internet Site or via the Site's Customer Service set up by Richard Diffusion.
Any use of the Website and any placing of an Order for one or more Product(s) via the Website implies full acceptance of the Terms and Conditions of Sale.
The General Terms and Conditions of Sale are reserved for individual and professional consumer buyers.
Only persons legally capable of entering into contracts concerning the Products offered for sale on the Site may place Orders on the Internet Site. When placing an Order, the Customer warrants that he/she has full legal capacity to accept the General Terms and Conditions of Sale, place an Order and conclude a sale.
ARTICLE 3 - CREATING AN ACCOUNT
To order Products on the Website, the Customer must create an account by providing the information requested in the registration form.
To this end, the Customer declares that he/she will provide complete and accurate personal information that will enable him/her to be precisely identified in any given situation. Any false or slanderous personal information may lead to closure of the Customer's account and cancellation of the Order.
When creating an account, the Customer chooses an identifier and a password. The Customer undertakes to keep the username and password confidential.
This account can be accessed at any time by the Customer using his login and password
The Customer is responsible for all actions carried out on the Website using his/her login and password. Any user registered on the Site shall be bound by any Order placed using his/her login and password, subject to the right of retraction set out in article 9.4.
ARTICLE 4 - ORDERING - PLACING AN ORDER
4.1. The Customer may place an Order, in French, directly on the Web Site, after entering his login and password, in accordance with article 3.
4.2. By browsing the various sections of the Website, the Customer can place the Products of his choice in his shopping basket by clicking on the "Add to basket" button. At any time up to confirmation of the total order, the Customer may change his/her mind, alter the quantities and cancel one or more of the Products chosen.
Each of the steps involved in the sale is specified on the Website.
Any information on the Products can be given, and any Order can also be placed by the Customer, in French or English, directly with Customer Service at 0466238691 (local call rate).
For any request for information or any Order, the Customer shall bear the cost of telecommunications when accessing the Internet and using the Web Site, or when calling the Web Site's Customer Service.
4.3. In application of the provisions of article 1127-2 of the French Civil Code, the Customer will have the opportunity to check the details of his Order and its total price and, if necessary, to correct or modify it before definitively confirming his Order to express his acceptance.
Richard Diffusion cannot be held responsible for any data entry errors made by the Customer, nor for any possible consequences in terms of delay or error in delivery. In such cases, the cost of any reshipment will be borne by the Customer.
4.4. Once the contents of the shopping basket have been validated, the Customer must :
- complete all requested information, including content and payment details ;
- declare that they accept without reservation the entirety of the General Terms and Conditions of Sale.
After entering or modifying this information, and subject to express acceptance of the General Terms and Conditions of Sale, the Customer will finalize the order by clicking on the "Finalize my order" button on the payment page.
Validation of the Order by the Customer's "click" implies acceptance of the prices and characteristics of the Products purchased by the Customer.
ARTICLE 5 - ORDER PROCEDURES - CONFIRMATION
5.1. Once the Order has been validated by the Customer in accordance with article 4.4, a confirmation e-mail, acknowledging receipt of the Order and containing all this information, is sent by Richard Diffusion to the Customer as soon as possible.
5.2. The Order will only be considered definitive once Richard Diffusion has sent the Customer the confirmation email referred to in article 5.1, and the sale of the Product(s) will only be confirmed once the Customer has paid the corresponding price.
5.3. Product offers and prices are valid as long as they appear on the Website, it being specified that the Website is updated daily.
Product offers are subject to availability. In the event that a Product is unavailable, notably due to a stock shortage, Richard Diffusion undertakes, on the one hand, to remove it from the Internet Site as soon as possible.
Commercial or promotional operations are mentioned as such on the website and indicate their period of validity.
5.4. In the event that a Product ordered by the Customer is unavailable, notably due to a halt in production or distribution by a supplier, Richard Diffusion undertakes to inform the Customer by e-mail as soon as it becomes aware of such unavailability.
Richard Diffusion will then inform the Customer, if necessary, of the new deadline within which the product concerned will be made available and offer him, if available, an equivalent Product.
In the event that the Customer refuses to wait for the product to become available, or refuses an equivalent product, the Customer will be reimbursed the price of the Product if his/her bank account has been debited, within 14 days of the date of confirmation of this refusal.
5.5. In accordance with the provisions of article L.121-11 of the French Consumer Code, Richard Diffusion is entitled to refuse any Order for legitimate reasons, in particular in the event of payment problems, foreseeable difficulties with delivery, abnormal orders or orders placed in bad faith. Richard Diffusion also reserves the right to request proof of identity by e-mail and/or telephone, in which case the Customer will have the option of cancelling the Order.
Upon receipt of the order, Richard Diffusion is entitled to refuse it in the event that the prices displayed online or resulting from the Order are, notably due to an error or technical malfunction, computer bug, derisory to the actual sale price of the Product.
ARTICLE 6 - ORDERING PROCEDURES - PRODUCT PRICES
6.1. .The price of the Products indicated on the Website is in Euros, exclusive of tax.
6.2. For deliveries of Products outside French territory, the provisions of the French General Tax Code relating to VAT will apply. For deliveries outside the European Union, the Customer must pay any customs duties, VAT or other taxes due on the importation of the Products into the country of delivery.
The related formalities are the sole responsibility of the Customer, unless otherwise specified. The customer is solely responsible for verifying that the products ordered can be imported under the laws of the country of delivery.
6.3. Richard Diffusion reserves the right to modify prices at any time and without prior notice, but the price applicable to the Customer's Order will remain that indicated in the summary of the Customer's shopping basket when the Order is validated. Prices displayed online or resulting from the Order are guaranteed, unless they prove to be, notably due to an error or technical malfunction, computer bug, derisory to the actual sale price of the Product.
ARTICLE 7 - PAYMENT
7.1. Extent of payment The price of the Products and the delivery charges are payable in full by the Customer at the time the Order is placed.
The Customer also undertakes to pay or have paid, where applicable, directly to the forwarding agent or carrier, any customs duties, VAT or other taxes due on the importation of the products into the country of delivery.
7.2. Payment The Customer may pay for the Order by credit card, in a secure environment, according to the terms and conditions proposed on the Website.
Payment by credit card cannot be cancelled. Payment of the Order by the Customer is irrevocable, without prejudice to the Customer's right of withdrawal.
To order via the www.https://www.richard-diffusion.fr/en/, or by telephone via Customer Service, the Customer confirms and guarantees that he/she is the holder of the bank card and that the latter gives access to sufficient funds to cover the payment of the Order.
The Customer's bank account will be debited one (1) day after the date of confirmation of the Order. The payment will be considered effective after confirmation of the agreement of the bank payment centers
The Customer may also pay for the Order :
- By cheque payable to Richard Diffusion. If the cheque is not received within 7 days of confirmation of the Order by Richard Diffusion, or if the cheque is rejected by the bank, Richard Diffusion reserves the right to cancel the Order
- By bank transfer to the order of Richard Diffusion (the bank details being provided at the time the Order is placed. Failing receipt of the transfer within 7 days of confirmation of the Order by Richard Diffusion or in the event of rejection of the transfer by the bank, Richard Diffusion reserves the right to cancel the Order
- By Paypal. The Customer guarantees Richard Diffusion that he/she has the necessary authorizations to use this method of payment when placing the Order
- 3X 4X WITH CHARGE
Pay your order in 3 or 4 instalments by credit card from €100 up to €3000 with Oney Bank.
Cgv Oney bank :payplug.com/hubfs/CGV
The Customer guarantees Richard Diffusion that he/she has the necessary authorizations to use these methods of payment when placing the Order.
In general, the Customer guarantees Richard Diffusion, at the time of placing the Order, that he/she is fully authorized to use the means provided for the payment of his/her order and that he/she has the necessary authorizations, if any, to use the method of payment concerned.
The website is protected by a state-of-the-art SSL (Secure Socket Layer) encryption system, to protect all sensitive payment data. To ensure transaction security, Richard Diffusion uses a Payzen partner that complies with the PCI-DSS (Payment Card Industry Data Security Standard). When the customer makes a payment, his bank details are encrypted using the HTTPS protocol and then transmitted to servers that are the only ones able to decrypt them. To prevent misuse and/or fraud, authorizations and bank details are then verified directly with the customer's bank. Richard Diffusion never has access to confidential information relating to said means of payment.
7.3. Products ordered remain the property of Richard Diffusion until full and final payment of the sale price.
In the event of delivery and non-payment, Richard Diffusion has the right to reclaim the Products ordered, the Customer undertaking to return any unpaid Products, all costs to be borne by the Customer.
ARTICLE 8 - DELIVERY
8.1. Place of delivery In principle, once payment for the Order has been received, the Products will be delivered to the delivery address indicated by the Customer when placing the Order.
Richard Diffusion delivers Orders in the following countries and territories: France and continental Europe.
The Customer also has the option of having the Products delivered to a natural or legal person of his/her choice whose permanent address is in mainland France.
8.2. Contribution to preparation and delivery costs The amount, inclusive of all taxes, of the Customer's contribution to the costs of logistical preparation (processing; dispatch) and delivery of the Order will be indicated to the Customer before the Order is finally validated.
8.3. Delivery time The delivery time will be indicated to the Customer during the Order placement procedure, prior to Order validation and before payment.
In any event, the maximum delivery time is thirty (30) working days from the date the Product is ordered, unless otherwise indicated to the Customer before the Order is placed.
If an Order contains Products that can be delivered on different dates, the Customer may choose to receive the Products separately according to the dates announced on each Product sheet by contacting Richard Diffusion's Customer Service; however, this option is likely to entail a greater contribution by the Customer to the costs of logistical preparation and delivery, which will be indicated to the Customer by Customer Service. If the Customer chooses to receive his Order in a single delivery, he will receive his Order according to the latest delivery date.
In the event of late delivery, the Customer may cancel the sale in accordance with article L.216-2 of the French Consumer Code, provided that the delay in delivery is not attributable to the Customer, notably in the event of unavailability to accept delivery.
8.4. Place of delivery A delivery is deemed to have been made as soon as the Customer takes physical possession of the Product at the place of delivery agreed with the Customer when placing the Order and, where applicable, with the carrier. The taking of possession of the Product is validated by the control and traceability system used by the carrier.
8.5. In the absence of collection within the time limit set by the carrier, the Products will be returned to Richard Diffusion, which reserves the right to refund the price to the Customer, with shipping costs to be borne by the Customer.
8.6. Effect of delivery The transfer of risk occurs upon delivery, when the Customer takes physical possession of the Products at the delivery address indicated by the Customer, or from the carrier.
Without prejudice to the period available to the Customer to exercise his/her right of withdrawal, upon receipt of the Products, it is the Customer's or recipient's responsibility to ensure that the Products delivered correspond to his/her Order, and to check the condition and conformity of the Products in relation to his/her Order.
The customer (or, if applicable, the recipient) will formalize acceptance of delivery by signing the delivery receipt issued by the carrier.
If, on delivery, the external appearance of the package is not perfect, the Customer or the recipient of the Products will open the package in the presence of the carrier in order to check the condition of the Products. In the event of damage resulting from transport, the Customer must refuse the damaged Products and indicate "refusal for damage" on the return slip.
In the event of an apparent defect in the parcel, the Customer must make any reservations and claims that appear justified; it is the Customer's responsibility, if necessary, to refuse the parcel.
Without prejudice to the guarantees from which the Customer benefits under article 9, for any claim relating to an apparent defect or damage upon delivery of the Product, the Customer must contact Customer Service as soon as possible in order, on the one hand, to preserve Richard Diffusion's rights vis-à-vis the carrier, and on the other hand, in the event that the Product is still in the Customer's possession, to initiate the return procedure under the conditions provided for in article 9.4.
In the event of refusal of delivery or return of the Product for the reasons set out in the previous paragraph, the Customer may request a new delivery or cancellation of the order under the conditions set out in article 9.1.3
ARTICLE 9 - CONFORMITY - WARRANTY - RIGHT OF WITHDRAWAL
9.1. Product conformity
The legal guarantee of conformity mentioned in articles L.217-4 to L.217-14 of the French Consumer Code and the guarantee relating to defects in the item sold, mentioned in articles 1641 to 1649 and 2232 of the French Civil Code, will apply in accordance with the law.
In the event of an action under the legal warranty of conformity, the consumer :
- has two years from the date of delivery of the goods to take action,
- may choose between repairing or replacing the good, subject to the cost conditions set out in Article L.217-9 of the French Consumer Code,
- is exempted from proving the existence of the lack of conformity of the good during the twenty-four (24) months following the delivery of the good. This period is six (6) months for second-hand goods.
The legal warranty of conformity applies independently of the commercial warranty. Should the consumer decide to invoke the warranty against hidden defects in the item sold, as provided for in article 1641 of the French Civil Code, he/she may choose between rescission of the sale or a reduction in the purchase price, in accordance with article 1644 of said Code.
9.1.1. The information and descriptions mentioned for each Product sheet, in particular the photographs, technical characteristics and description, are communicated to Richard Diffusion by the manufacturers of the Products.
In accordance with article L.111-1 of the French Consumer Code, Richard Diffusion's objective is to inform the Customer and enable him to know the essential characteristics of the Product.
Before dispatch, the Products delivered to the Customer are checked to ensure that they conform to the description given on the Website.
It is however specified that, for technical reasons (photographic and computer), the actual rendering of the Products may sometimes differ slightly from that of the photographs presented on the Site.
9.1.2. Notwithstanding, where applicable, the specific warranty conditions from which the Customer benefits in respect of the Product in question, the Products presented on the Internet Site are subject to the following legal warranty conditions.
According to article L.217-4 of the French Consumer Code:
"The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility".
According to article L.217-8 of the French Consumer Code:
"The buyer is entitled to demand that the goods conform to the contract.
According to article L.217-5 of the French Consumer Code:
To conform to the contract, the good must :
- Be fit for the use ordinarily expected of similar goods and, where applicable :
- Correspond to the description given by the seller and possess the qualities presented to the buyer in the form of a sample or model ;
- Have the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling ;
- Or present 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 accepted by the latter.
- According to article L.217-7 of the French Consumer Code: "Conformity defects that appear within 24 months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity claimed". - According to article L.217-12 of the French Consumer Code: "The action resulting from a lack of conformity is prescribed by two years from the date of delivery of the good."
9.1.3. Pursuant to Articles L.217-9 and L.217-10 of the French Consumer Code, the remedy for the consequences of a lack of conformity or hidden defect, duly established and confirmed as such by Richard Diffusion, includes, at the Customer's option, repair or replacement of the Product, unless this would entail a manifestly disproportionate cost, taking into account the value of the good or the importance of the defect, compared to the other option.
If repair and replacement are not possible, the Customer may return the goods and have the price refunded, or keep the goods and have part of the price refunded.
In these different cases, the Customer must contact Customer Service and agree on how to return the Product concerned.
Insofar as it is well-founded, the application of the provisions of articles L.217-9 and L.217-10 of the French Consumer Code, takes place at no cost to the purchaser.
9.1.4 In the specific case of special operations where Products are not sold new, Richard Diffusion will specify any defects in the Products. These defects will be taken into account in the event of implementation of article L.217-8 of the French Consumer Code.
9.2. Extended warranty Some products come with an extended warranty. In these cases, the terms and duration of the warranty are specified on the warranty card delivered with the Product. This does not cover damage, breakage or malfunctions resulting from failure to observe safety precautions.
To implement the extended warranty, the customer must contact Customer Service to find out about the specific procedure involved.
The product will be exchanged for an identical product. It will be delivered to the Customer at Richard Diffusion's expense, except in the event of stock shortage or disappearance of the Product from the proposed range. In the latter case, Richard Diffusion will refund the price of the Product to the Customer.
9.3. Hidden defects warranty
According to article 1641 of the French Civil Code: "The seller is liable for any latent defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them". According to article 1642 of the French Civil Code: "The seller is not bound by apparent defects of which the buyer has been able to convince himself". According to article 1643 of the French Civil Code: "He is liable for hidden defects, even if he did not know about them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee". According to article 1644 of the Civil Code: "In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded, as arbitrated by experts". According to article 1645 of the Civil Code: "If the seller knew of the defects in the thing, he is bound, in addition to refunding the price he received, to pay all damages to the buyer". According to article 1646 of the French Civil Code: "If the seller was unaware of the defects, he will only be bound to refund the price and reimburse the buyer for the costs incurred by the sale". According to article 1647 of the Civil Code: "If the thing which had defects has perished as a result of its bad quality, the loss is for the seller, who will be held towards the buyer to the restitution of the price and to the other compensations explained in the two preceding articles. But the loss due to a fortuitous event will be for the buyer's account". According to article 1648 of the French Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect".
9.4. Right of withdrawal
9.4.1. Richard Diffusion considers that any Customer who is not satisfied with the Products ordered must be able to exercise his right of withdrawal, without penalty, under the best possible conditions.
In accordance with Articles L.221-18 et seq. of the French Consumer Code, the legal withdrawal period is fourteen clear days from receipt of the Product.
The Customer returning the Product within the framework of the exercise of his right of retraction, has the right to reimbursement of the price of the Products ordered. On Richard Diffusion's proposal, the Customer who has exercised his right of withdrawal may, however, opt for an exchange or the issue of a credit note.
9.4.2. To exercise this right of withdrawal, Richard Diffusion suggests that the customer contact Customer Service at 0466238691 (toll-free from a landline).
Reimbursement will be made, at the latest, within fourteen days from the date on which Richard Diffusion is informed of the Customer's decision to withdraw. Reimbursement may be deferred until recovery of the Product by Richard Diffusion's Returns Department.
The refund will be made according to the payment method used for the Order or bank transfer.
We will only accept the return or exchange of Products that are complete (accessories, packaging, cardboard, instructions, etc.) and in perfect condition for resale (not soiled, damaged or worn). To make it easier to process your request and speed up reimbursement, we recommend that you send us a carefully completed returns form.
The cost of returning the Product shall be borne by the Customer, except in the event of a proven lack of conformity or hidden defects in the Product.
9.4.3. If the right of withdrawal is exercised for only part of the Order, only the price invoiced for the Products returned will be reimbursed.
In the event of partial cancellation of the Order, the Customer who, at the time of the initial Order, would have benefited from free delivery due to exceeding a certain order amount, may be re-billed for the delivery costs corresponding to his/her actual Order, if the latter falls below the free delivery threshold.
9.4.4. By way of exception, the right of withdrawal may not be exercised for contracts listed in article L.221-28 of the French Consumer Code, including in particular contracts for the supply of goods made to the consumer's specifications or clearly personalized or which, due to their nature, cannot be returned or are likely to expire quickly.
9.5. Return procedure Products must be returned to Richard Diffusion at the following address:
Richard Diffusion -
Returns department
390 avenue Pavlov
Zone industrielle Saint Césaire
30900 Nîmes
Products must be returned properly protected and in their original packaging. They must be in perfect condition for resale. Any Product returned incomplete, spoiled, washed, damaged, deteriorated or soiled, even partially, will not be reimbursed or exchanged.
The customer returns the products. We recommend that you keep a proof of return to facilitate procedures in the event of a problem during transport.
Except in the case of lack of conformity or hidden defects in the Product, the cost of returning the goods shall be borne by the Customer.
ARTICLE 10 - CONDITIONS OF USE
10.1. Before ordering and using any Products, the Customer must read all the information provided on the Website, find out about the characteristics and components of the Products and ensure that they are compatible with the use he/she wishes to make of them.
Product prices do not include the Customer's contribution to the costs of logistical preparation (processing; shipping) and delivery, which remain the Customer's responsibility. The total amount of the Customer's contribution to these costs is communicated to the Customer, either when connecting to the Website, or when calling Customer Service, before validating the Order.
10.2. The Customer undertakes to systematically follow the instructions for use indicated by the manufacturer on the packaging and in the instructions for use of the Products before any use. For any further information concerning the characteristics of the Products, Richard Diffusion's Customer Service is at the Customer's disposal.
ARTICLE 11 - LIABILITY
11.1. The products presented on the Website comply with current French legislation and the standards applicable in France.
Richard Diffusion undertakes exclusively to comply with the legal provisions applicable in France. No regulation specific to the country of delivery and/or consultation of the Internet Site can be opposed to Richard Diffusion.
The Customer is solely responsible for compliance with the regulations applicable in his/her country of residence or in the country of destination of the Products. It is the Customer's responsibility to check with the relevant local authorities for any restrictions on the import, export or use of the Products he/she intends to order on the Website.
11.2. The service provided by Richard Diffusion is limited to the supply of Products under the conditions described in the General Conditions of Sale. Under no circumstances can Richard Diffusion be held responsible for the advice, recommendations and conditions of use of the Products provided by the manufacturers on the Internet Site or in their instructions for use.
11.3. Richard Diffusion's liability is limited to direct and foreseeable damage resulting from the Customer's use of the Internet Site and the Products. Richard Diffusion shall not be held liable for damages resulting from the Customer's fault in using the Products.
Richard Diffusion shall not be held liable if the non-performance or improper performance of its own obligations is attributable to the Customer, to the unforeseeable and insurmountable act of a third party unrelated to the delivery of the Products, or to an unforeseeable, irresistible and external case of force majeure.
In general, Richard Diffusion shall not under any circumstances be held liable for indirect or unforeseeable damages incurred in connection with the use of the Website and the Ordering of Products.
11.4. Richard Diffusion cannot be held responsible for the content available on other websites or Internet sources accessible by means of hypertext links inserted on the Website (and in particular for advertising, products, services or any other information), nor can it be held responsible for the content of other websites or Internet sources accessible by means of hypertext links inserted on the Website (and in particular for advertising, products, services or any other information), nor for the content of other websites or Internet sources accessible by means of hypertext links inserted on the Website damage of any kind that may be suffered by the Customer during a visit to these sites.
Use of the Website implies the Customer's knowledge and acceptance of the characteristics and limits of the Internet and related technologies, the lack of protection of certain data against possible misappropriation or piracy and the risk of contamination by any viruses circulating on the network.
As Richard Diffusion is itself dependent on the quality of the Internet network, it does not guarantee the continuity of the Internet Site, nor does it ensure the correction of any defects observed on the Internet network. Consequently, Richard Diffusion cannot be held responsible for any unavailability of the Internet Site or any connection difficulty or interruption (malfunction of servers, telephone line or any other technical connection) during use of the Internet Site or, more generally, for any disruption of the Internet network affecting use of the Internet Site. In this context, Richard Diffusion is not responsible for sending forms to an incorrect or incomplete address, or for any computer errors or defects found on the Site.
11.5. Subject to provisions to the contrary, the Website is accessible from any location, provided that minimum technical conditions are met, particularly in terms of access to the Internet network, mobile telephony, and the technical compatibility of the equipment used by the Customer. In view of the global nature of the Internet, the Customer agrees to comply with all rules of public order relating to the conduct of Internet users and applicable in the country from which he/she uses the Website.
ARTICLE 12 - ELECTRONIC FILE - PROTECTION OF PERSONAL DATA
12.1. In order to process orders, Richard Diffusion processes personal data concerning the Customer, identified as mandatory in the forms appearing on the Internet Site.
12.2. Richard Diffusion undertakes to respect the confidentiality of personal data communicated by Customers on the Internet Site and to process them in compliance with the French Data Protection Act of January 6, 1978, as amended and currently in force.
The database set up by Richard Diffusion for this purpose has been declared to the CNIL, in accordance with the requirements of the French Data Protection Act.
12.3. Richard Diffusion collects and processes the Customer's personal data in order to process Orders.
Depending on the choices made when creating or consulting their accounts on the Website, the Customer will choose whether they wish to receive commercial or promotional offers by e-mail from Richard Diffusion and/or its partners. If a Customer no longer wishes to receive such offers, they may at any time request to do so by clicking on an electronic link available in e-mails and newsletters, or by modifying their account directly on the Internet site https://www.richard-diffusion.fr/en/.
12.4. Richard Diffusion may need to communicate this data for the purposes of order processing and delivery by its service providers, or for after-sales service, and to carry out satisfaction surveys. In addition, Richard Diffusion may also communicate this data to respond to an injunction from the judicial or administrative authorities.
12.5. The customer may exercise his individual right of access to the file, his right of opposition, rectification or deletion for data concerning him, either by modifying his personal information himself on the "My Account" space in the "Help" section, or by sending his request to Richard Diffusion (indicating e-mail address, surname, first name, postal address), by e-mail to service-clients@richard-diffusion.com or by post to the following address: Richard Diffusion 390 avenue Pavlov zi st cesaire 30900 Nîmes
12.6. .The Website is designed to be particularly attentive to customer needs. Cookies are used to indicate that a customer has visited the Website to build up a shopping basket.
Cookies are stored on the customer's hard disk for a maximum of thirteen (13) months.
Customers may prevent cookies from being stored on their computer's hard drive by configuring their browser as follows:
For Mozilla Firefox :
- select the "tool" menu ;
- click on the "Clear my tracks" icon ;
- locate the "cookie" menu and select the options you require.
For Microsoft Internet Explorer 6.0, 7.0 and 8.0 :
- select the "Tools" menu, then "Internet Options" ;
- click on the "Confidentiality" tab ;
- use the cursor to select the desired level.
ARTICLE 13 - SUSPENSION - TERMINATION
The Customer may cancel his registration on the Website and close his account at any time. To do so, the customer must send a cancellation request to Customer Service.
In the event of a breach by the Customer of one of its contractual obligations, in particular in the event of a payment incident, Richard Diffusion reserves the right to suspend the Customer's access to the Richard Diffusion Internet Sites and services, or even to terminate the Customer's account, depending on the degree of seriousness of the breach. Richard Diffusion reserves the right to refuse any order from a Customer with whom there is any dispute.
ARTICLE 14 - INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
All elements published on the Website, such as sounds, images, photographs, videos, writings, animations, programs, graphic design, utilities, databases, software and other underlying technology are protected by the provisions of the French Intellectual Property Code and belong to Richard Diffusion.
The Richard Diffusion brand, as well as all figurative or nonfigurative brands and more generally all other brands, illustrations, images and logos appearing on the articles, their accessories or their packaging, whether registered or not, are and will remain the exclusive property of Richard Diffusion, with the exception of the rights held on the visuals of the products, brands and logos of the suppliers of the Products presented on the Internet Site.
Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of Richard Diffusion, is strictly prohibited.
Apart from any solicitation on its part, Richard Diffusion prohibits any hypertext link to the Internet Site. A Customer wishing to place on his personal Internet site a link referring directly to the home page of the Internet Site must first request the express authorization of Richard Diffusion.
Customers may send comments, suggestions, ideas, questions, photos or any other information (hereinafter "Published Elements") as long as such content is not illegal, defamatory, libelous, infringing intellectual property rights, or prejudicial to third parties. The Customer shall not impersonate any person by using a false e-mail address. Richard Diffusion reserves the right to remove or modify any Elements Published on the Web Site. The Customer grants to Richard Diffusion: free of charge, the right, transferable and sub-licensable, to use, reproduce, modify, adapt, publish, translate, distribute and display the Published Elements throughout the world and on any type of medium for commercial or non-commercial use, for the entire legal duration of intellectual property rights. No moral rights are transferred by the Customer. Richard Diffusion may or may not use the Customer's name in connection with the Published Elements.
ARTICLE 15 - MISCELLANEOUS
15.1. Partial invalidity In the event that one or more stipulations of the General Terms and Conditions of Sale are deemed unlawful or unenforceable by a competent court, the other stipulations shall remain in force and retain their scope and effect.
15.2. Agreement on proof Acceptance of the General Terms and Conditions of Sale by electronic means has the same evidential value between the parties as an agreement on paper.
The information provided by the Internet Site is deemed authentic between the parties. The computerized registers will be kept in the computer systems of Richard Diffusion under reasonable conditions of security and may constitute a means of proof, available to the Customer, of exchanges, orders and payments made on the Internet Site or by electronic mail. The scope of proof of information delivered by Richard Diffusion's computer systems is that accorded to an original in the sense of a signed written paper document.
It is expressly agreed that Richard Diffusion and the Customer may communicate with each other electronically or by telephone via the Internet Site's Customer Service. Technical security measures are in place to ensure the confidentiality of data exchanged.
Richard Diffusion and the Customer agree that e-mails exchanged between them are valid proof of the content of their exchanges and, where applicable, of their commitments, particularly with regard to the transmission and acceptance of orders.
15.3. Conservation and archiving Contractual documents are archived on a reliable and durable medium so as to correspond to a faithful and durable copy that can be produced as proof.
You can access archived contracts by sending an e-mail to service-clients@richard-diffusion.com
15.4. Waiver The fact that Richard Diffusion or the Customer does not exercise any of its rights under the General Terms and Conditions of Sale does not imply a waiver on its part of that right and of the right to exercise it subsequently, and such a waiver can only be made by an express declaration.
15.5. Force majeure Richard Diffusion's performance of all or part of its obligations, in particular delivery, will be suspended in the event of a fortuitous event or force majeure that hinders or delays performance.
This includes, but is not limited to, war, riots, insurrection, social unrest and large-scale general strikes.
Richard Diffusion will inform Customers of the occurrence of a fortuitous event or force majeure within seven days of its occurrence. Should this suspension continue beyond a period of fifteen days, the Customer will have the possibility of cancelling the order in progress, and the price of the Products ordered will then be reimbursed.
ARTICLE 16 - SUSPENSION - TERMINATION
The General Terms and Conditions of Sale are governed by French law. Only the French version of these General Terms and Conditions of Sale is binding.
In the event of any difficulty arising in connection with the Order, the delivery of the Products and, more generally, the execution of the sale, the Customer shall have the possibility, before taking any legal action, of seeking an amicable solution, in particular with the help of a consumer association or any other advisor of his choice.
Any dispute arising from the interpretation or execution of the General Terms and Conditions of Sale and its consequences will be brought before the competent courts.
The General Terms and Conditions of Sale also apply to the relationship with any user of the Website who has not placed an Order, in particular with regard to articles 11 to 15.
You can also save the general sales conditions in PDF format by clicking here.