Terms of Sales

These General Terms and Conditions of Sale govern the remote sale of products by PORT EUROPE, Société par Actions Simplified au capital de 1 000 000€, dont le siège social est 22 rue de la Fédération 75015 PARIS, enregistré au RCS de Paris sous le numéro B 444 908 677, numéro TVA intracommunautaire FR 29 444 908 677, dont le numéro de téléphone est 01 39 76 28 20, le numéro de télécopie 01 39 76 08 46, l’adresse commerciale est 6082 route de Sartrouville 7 Le Pecq et l’adresse email [email protected] PORT DESIGNS).

The terms and conditions of sale of the online store (www.portdesigns.com) that are exclusively available to major and capable individuals are designed to define the rights and obligations of the company PORT EUROPE and the customer. These conditions apply to the exclusion of any other conditions, including those in effect for in-store sales or sales for professionals.

Any ordering of a product in the online shop of www.portdesigns.com (hereinafter “the Site”) shall involve the prior consultation and acceptance of these General Terms of Sale. The click of acceptance of the General Terms of Sale on the Site implies a full acceptance of the present. This click value "digital signature".

The conditions applicable to any order shall consist of these general conditions, mandatory provisions of the Consumer Code and any special conditions applicable to the order.

The contract between PORT DESIGNS and the customer is formalized by the order confirmation email including the General Sales Conditions.

These Terms and Conditions govern orders placed from the date shown above. For any Orders placed before that date, the customer must refer to the General Terms and Conditions of Sale accessible on a sustainable basis in its order confirmation email.

Products

PORT DESIGNS sells, among other things, laptop luggage storage, tablet, camera, protective tools for any type of computer hardware and various accessories.

The specific characteristics of the products are indicated on the "Products" pages of the Site.The products remain the property of PORT DESIGNS up to the complete cashing of the order. Any risk of loss or damage to property shall be transferred to the client from the time the client or a third party designated by the client, and other than the carrier proposed by PORT DESIGNS, physically takes possession of these assets.

The products proposed are in accordance with the existing French legislation. Responsibility for PORT DESIGNS cannot be engaged in cases of non-compliance with the country ' s product delivery legislation.

Prices

The prices of the items are indicated in Euros TTC. All orders, whatever their origins are payable in Euros.

The applicable VAT rate is the French VAT.

For deliveries outside France in the European Union, PORT DESIGNS will be obliged to review the VAT rate as soon as the threshold defined by the regulations in force in the country of delivery of the products. The customer will be informed of the VAT rate applicable when ordering. For deliveries outside metropolitan France and European Union, the VAT rate is likely to vary.
In any case PORT DESIGNS will apply the VAT rate defined by the regulations in force, as well as any additional taxes that may be payable.

Promotions may be offered on the Site and promo codes may be applicable to the customer's order.

The promo codes are not cumulative and not applicable in the case that the displayed price is already being promoted.

In accordance with applicable regulations, PORT DESIGNS reserves the right to cancel any order in the event of an error of display or technique that makes the price of the order manifestly vil or derisory.

Command

Any order is conditioned by the prior acceptance of these General Terms and Conditions of Sale. Acceptance of these general terms and conditions and the seizure of bank information by the customer constitutes an irrevocable acceptance of the terms and conditions of sale and payment, and will validate the customer’s order.

It is understood that the data retained in the information system PORT DESIGNS and/or its partners are probative and can be produced as evidence in relation to the orders and obligations arising therefrom.

For the purpose of placing the order, the customer must provide the various fields indicated on the Site. Fields identified by an asterisk are mandatory. In the absence of a response or if the information provided is incorrect, PORT DESIGNS cannot process the customer's order.

The data recorded by the payment system is proof of financial transactions. An order confirmation email containing the General Terms and Conditions of Sale as well as the summary of its order will be sent to the customer to the email address entered immediately the validated transaction.

The data collected is kept for a strictly necessary time to manage your account, order and possible warranty that applies to the purchased product. The data collected for prospecting purposes are kept for three (3) years from the end of the business relationship (e.g., from the purchase, the expiry date of the warranty or the last contact from the customer). For any order equal to or greater than 120 euros placed on the Site, PORT DESIGNS keeps and guarantees the customer access to the contract entered into for a period of 10 years from the delivery of the property, in accordance with article L213-1 of the Consumer Code.

In the event of a misrepresentation, in particular where the billing data is incorrect or impossible to verify, or in the event of suspicion of fraudulent use of means of payment, the order may be suspended for three (3) days from sending an email by PORT DESIGNS to the customer seeking regularization. If at the end of this period, the order is not regulated, PORT DESIGNS can then cancel the order.

PORT DESIGNS could not be held responsible for the non-performance of the contract, in the event of force majeure, as understood by the French Courts.

Payment

Payment methods accepted by PORT DESIGNS are indicated at the beginning of the order process and are recalled on the payment page.

The customer certifies that he is fully entitled to use the means of payment to pay the order and that these means of payment allow him to pay the total price of the order.

The agreement given by the customer to the payment formalized by the communication of the elements necessary for the use of the means of payment chosen is irrevocable and the customer undertakes not to object to the payment outside of the limited cases provided by the applicable regulations (including loss, theft or fraudulent use of the means of payment).

Bank data is transmitted to the server PORT DESIGNS encrypted by the SSL protocol (Secure Socket Layer) and transferred to a fully secure environment at its bank. They are in no way retained by PORT DESIGNS.

The agreement of the central bank card network triggers the shipment of the goods. On the day of the online payment, the customer's account is debited of the amount of the invoice corresponding to the product(s) shipped and the transportation costs if necessary.

Shipping costs

Unless otherwise stated on the Site, shipping costs are offered for any order exceeding 60 Euros to be delivered in the countries of the Euro Area. PORT DESIGNS reserves the right to change the amount of this commercial advantage that the customer will have in any event knowledge before confirming his order. Below this amount, an interest in shipping costs is charged in addition to the price of products. Unless otherwise stated on the Site or a different option chosen by the customer, the shipment is in Colissimo followed 48/72h.

Delivery

The products are delivered in Colissimo from Monday to Saturday in relay or in delivery Pickup, to the Post or to the address that the customer has entered when placing his order. In case of a client's absence, a notice of passage is deposited in his mailbox. The package will then be made available in the Post office attached to the client's home.

It is up to the customer, upon receipt of the package, to immediately check the package and it is advisable to make reservations to the carrier "La Poste" by letter Recommended with Accused Reception within 3 days of receipt of the package.

Delivery will occur within the time specified on the Site prior to the validation of the order or default, no later than thirty (30) days after validation of the order.

If the customer fails to deliver within the specified time limits, the contract may be resolved by registered letter with a request for a notice of receipt or by writing on another sustainable medium, if, after enjoining, on the same terms, PORT DESIGNS to deliver or provide the service within a reasonable additional time limit, the service did not perform within that time limit.

Treatment of undistributed packages

These are packages not delivered to the final consignee for the following reasons: NPAI, unclaimed, refused, transport avagance, spoliation...

- Returns to NPAI (do not live at the address indicated) or package "unclaimed":

Upon receipt of your parcel by our services, we will contact you by email or by telephone in order to offer you to resend the parcel that corresponds to your order, correcting any errors on the address or name of the recipients, the charges remaining to your charge. In case of refusal to pay the shipping costs again, your order will be cancelled and we will refund your order (excluding shipping costs) by transfer, cheque or credit of your bank card within 10 days of receipt of your parcel.

-Returns for packages « refused » :

If the parcel is damaged, torn, open... you must absolutely refuse the parcel and request a declaration of spoliation from the mail or carrier at the time of the refusal, then contact our services to inform us by transmitting the evidence of spoliation. After receiving your parcel in return by our services, depending on the nature of the product, the stocks available and according to your wish, we will offer you to resend the products initially ordered or exchange products to the equivalent characteristics in case of stock shortage. In case of refusal of your part, a refund of your order will be made by transfer, cheque or credit of your bank card within 10 days of receipt of your parcel.

Right of withdrawal

Any natural person who acts for purposes that do not fall within the scope of his or her commercial, industrial, artisanal, liberal or agricultural activity shall be entitled to withdrawal, in accordance with article L221-18 of the Consumer Code.

The withdrawal period is 14 days from the day on which the customer or a third party, other than the carrier, designated by him, takes physical possession of the property; and in the case of an order bearing on several goods delivered separately whose delivery is phased over a specified period, from the physical possession of the last property sold and shipped by PORT DESIGNS.

This expired period, the customer no longer has this right of withdrawal. When this period expires on a weekend, holiday or unemployment, it is extended until the next business day.

The customer shall exercise his right of withdrawal without having to motivate his decision or to bear any other costs other than the direct costs of transfer of property and the costs of depreciation of property resulting from manipulations other than those necessary to establish the nature, characteristics and proper operation of such property.

The right of withdrawal shall be exercised without penalty, including standard shipping costs (i.e., the least expensive delivery proposed by PORT DESIGNS). Additional shipping costs resulting from the choice of a more costly delivery mode than the standard delivery mode proposed by PORT DESIGNS, however, remain at the expense of the client.

The return fee of the product(s) is the sole responsibility of the customer.

To exercise its right of withdrawal, the customer informs PORT DESIGNS of its decision to withdraw by sending, before the expiry of the period referred to above, the withdrawal form annexed to these Terms and Conditions or any other declaration, without ambiguity, expressing its willingness to withdraw to the following address [email protected] or to the following address:

PORT EUROPE
3A rue de Cherbourg
67100 STRASBOURG FRANCE

The burden of proof of the exercise of the right of withdrawal on the client, it is therefore advisable, in the event of mailing, to send it by Letter Recommended with Notice of Reception.

Upon receipt of the customer's request for withdrawal, PORT DESIGNS will send him a confirmation email, accompanied by an agreement/suivi number.

The product must be returned with the agreement/follow number no later than 15 days from the date of receipt of the confirmation email PORT DESIGNS, at the following address:

PORT EUROPE
3A rue de Cherbourg
67100 STRASBOURG FRANCE

The products must be returned as a whole, in their complete original packaging, allowing their remarketing to the new state. In the event of product degradation, resulting from manipulations other than those necessary to establish the nature, characteristics and proper operation of the products, the costs of depreciation will be borne by the customer. The amount of this depreciation will be deducted from the amount of the refund to the client.

RECEIVED FROM THE RIGHT OF RETRACTATION

In case of exercise of the right of withdrawal by the client, PORT DESIGNS will refund all payments received from the customer for the purchase of returned products, including standard shipping costs (i.e., corresponding to the least expensive delivery than PORT DESIGNS proposes) no later than 15 days from the receipt of its request for withdrawal. PORT DESIGNS may differ the refund until receipt of the product(s) or until the customer has provided proof of shipment of the product(s), the date being the first of these facts.
PORT DESIGNS will use the same payment method as the customer used during his initial order, unless expressly agreed by the customer so that PORT DESIGNS uses another payment method. In any event, this refund will not cause any additional costs to the customer.

As part of the exercise of its right of withdrawal, the customer may also request the exchange of the product.

ECHANGE IN THE EXERCISE OF THE RIGHT OF RETRACTATION

In the case of a request for exchange not related to an error of PORT DESIGNS in relation to the order made, the shipping will be done at the customer's expense. In this case, the item(s) must be returned within a maximum period of 15 days from the exchange confirmation by PORT DESIGNS.

Products returned damaged, soiled or incomplete will not be exchanged.

The exchanged product is delivered to the original delivery address within 30 days. If the customer fails to resolve the contract, by registered letter with a request for a notice of receipt or by writing on another sustainable medium, if, after enjoining, under the same terms, PORT DESIGNS to carry out the delivery within a reasonable additional time, the delivery did not occur within that time limit.

EXCEPTIONS TO THE RIGHT OF RETRACTATION

The right of withdrawal does not apply to:
• delivery of audio or video recordings or computer software stored after delivery;
• delivery of products that have been made according to customer specifications or clearly customized;
• the supply of products likely to deteriorate or perish quickly;
• the provision of fully implemented services PORT DESIGNS for which the customer accepted at the time of placing his order PORT DESIGNS begins their execution, and has waived its right of withdrawal;
• the supply of digital content (including applications, computer software, digital books, MP3, etc.) not provided on hardware support (e.g. on a CD or DVD) if you have accepted at the time of your order that we begin the supply of it and waived your right of withdrawal.

GARANTIE PORT LEGAL AND GARANTIES

Cargo bags for computers and tablets, photo bags, GPS and hard disk, as well as other products identified as such on the Site are eligible for the commercial warranty PORT DESIGNS.

The guarantee PORT DESIGNS is free of charge for any defects or defects within a specified period of time from the sale whose duration varies according to the product. The duration of the warranty is specified on the Site when ordering the customer. The commercial guarantee contract is annexed (Annex 2) to these Terms and Conditions.

In accordance with the regulations in force, the consumer customer also benefits from the legal guarantee of compliance and the guarantee of hidden defects attached to the items sold on the site and contained in articles L.217-4 to L.217-13 of the Consumer Code and articles 1641 to 1648 and 2232 of the Civil Code.

It is specified that the guarantees do not apply to the normal wear of certain parts or articles or in the case of professional or collective use or to damage caused by causes outside the articles.
In the event of non-compliance of the item(s), the customer's re-shipment costs to PORT DESIGNS are then free or refunded.

When acting as a legal compliance guarantee, the consumer:

- receives a period of two years from the grant of the property to act;

- may choose between repair or replacement of the property, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;

- is exempt from reporting evidence of the existence of the lack of conformity of the property for the twenty-four months following the issuance of the new property and for the six months following the issuance of the used property.

The legal compliance guarantee applies independently of the commercial warranty granted.

The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and in this case it may choose between the resolution of the sale or a reduction of the selling price in accordance with Article 1644 of the Civil Code.

CLIENT SERVICE

The customer can contact the customer service PORT DESIGNS by mail to the following address PORT EUROPE 3 A rue de Cherbourg 67100 -Strasbourg France or by email at [email protected].

In case of difficulty, after having entered the customer service PORT DESIGNS and in the absence of a satisfactory response, the customer may apply to the consumer mediator in accordance with Article 15 of these General Terms of Sale.

PROTECTION OF PERSONAL CARACTERS

The personal data provided by the client shall be processed in accordance with Act No. 78-17 of 6 January 1978 on computing, files and freedoms, Directive 95/46/EC on data protection and any associated regulations or instruments, as well as any other law, regulations, regulatory requirements and codes of conduct in respect of the protection of the applicable personal data or any other legislation, regulations, rules and codes of conduct that transpose or replace the foreseeing data (.

In accordance with the amended "Information and Freedoms" Act of 6 January 1978 and the GDPR, subject to justification of its identity, the customer has a right of access, rectification, deletion, opposition and limitation of the processing of personal data relating to it, as well as the right to the portability of data and the definition of its guidelines for the management of its data after his death.

You can exercise these rights by mail to the following address PORT EUROPE 3 A rue de Cherbourg 67100 -Strasbourg France or by email at [email protected].

PORT DESIGNS also informs you of the existence of the opposition list at the "Blocktel" telephone demarcation, on which you can register here: https://conso.bloctel.fr/

The full obligations and rights attached to the customer’s personal data are stipulated in the Privacy Policy attached to these General Terms and Conditions of Sale and accepted by the customer during the communication of its data or the validation of its order.

All of this information is also available at all times on the website http://www.portdesigns.com/en/c/2-mentions-legales

INTELLECTUAL PROPRIET

All designs, images, graphics of the site are protected by copyrights and intellectual property rights, for the whole world and belong to or have been assigned to society PORT DESIGNS, which enjoys an exclusive right of use. As such, in accordance with the provisions of the Intellectual Property Code, any reproduction or use, irrespective of the form of such intellectual property rights, without the prior written consent of the corporation PORT DESIGNS will give rise to legal proceedings.

No stipulation of these VGCs shall be construed as any transfer of intellectual property rights on these signs to the benefit of the client.

CONSOMMATION MEDITOR

In accordance with Article L612-1 of the Consumer Code, PORT DESIGNS guarantees consumers the effective use of consumer mediation.

The mission of the mediator is to try, independently and impartially, to bring the parties closer to a friendly solution.

After entering the customer service PORT DESIGNS and failing to respond satisfactorily within 60 days, the customer will be able to enter the FEVAD e-commerce Ombudsman (Federation of e-commerce and remote sales) whose contact details are 60 Rue La Boétie – 75008 Paris (Federation of e-commerce and remote sales)https://www.mediateurfevad.fr/).To find out how the Ombudsman is seized, clickhere.

However, the client remains free to accept or refuse recourse to mediation and may appeal to the competent courts.

The customer is also informed that he has the opportunity to use the European Online Litigation Regulation (LLR) platform to resolve the dispute:www.ec.europa.eu/consumers/odr/

APPLICABLE LAW

This contract is subject to French law. The language of the contract is the French language. Any dispute arising in connection with the application or interpretation of this contract shall be submitted to the competent French courts.

Pursuant to Rule 6.2 (EC) No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations, this choice does not deprive the consumer residing in the European Union of the protection provided for by the provisions to which it cannot be derogated by agreement under the law of its country of residence.

ANNEX 1: RETRACTATION FORM

Je/We* notifie/notifions* par la presente ma/notre*retractation ducarat portant on vente du bienci-dessous.

Customer number:

Order number:

Reçu le*:

Name/Prename:

Adresse:

Signature

Dayou

*Rathereez la mentiinutithe

ANNEX 2: TRADE GARANTIA PORT DESIGNS

Some products have a more favourable trade guarantee than the legal guarantees and whose durations are specified on the Site and the forms produced.

For these products benefiting from the commercial guarantee PORT DESIGNS, if, after control, it is recognized that the product presents a hidden defects or misleading, we do the repair or exchange of the product at our expense. This warranty does not cover normal wear cases, accidental damage, misuse, inappropriate care, and excludes any claims for compensation for the break of items that the customer has inserted in the products PORT DESIGNS.

WARRANTY OBJECT AND MODALITIES PORT DESIGNS:

The guarantee PORT DESIGNS is intended to ensure the absence of hidden defects and malfaçon of the products. It supports costs related to the repair of the property or its replacement under the terms of the warranty applicable to your product.

The guarantee PORT DESIGNS is due free of charge for any defects or misleading within a specified period from the sale. In the event that the property is immobilized due to the implementation of the warranty and greater than 7 days, the duration of the warranty is extended for a period equal to the capital asset.

The guarantee PORT DESIGNS covers all manufacturing or material defects. It only provides for the repair or replacement of the damaged property and does not grant compensation in kind or in kind.

Are not covered by the guarantee of normal use, accidental damage, misuse or inappropriate care.

This guarantee is offered by the company PORT EUROPE, whose head office is 22 rue de la Fédération 75015 PARIS, registered at the RCS in Paris under the number B 444 908 677.

Regardless of the warranty PORT DESIGNS, you benefit from the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 of the consumer code and that relating to the defects of the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code.

Article L. 217-4 of the Consumer Code

The seller delivers a property in accordance with the contract and responds to existing compliance defects during delivery.

It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when the packaging was loaded by the contract or was carried out under its responsibility.

Article L. 217-5 of the Consumer Code

The property is in accordance with the contract:

1° If it is specific to the usually expected use of a similar property and, if applicable:

- if it corresponds to the description given by the seller and has the qualities that it has presented to the buyer in the form of a sample or model;

- if it presents the qualities that a buyer can legitimately wait with regard to the public statements made by the seller, the producer or its representative, in particular in advertising or labelling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the buyer, brought to the knowledge of the seller and that the seller has accepted.

Article L217-12 of the Consumer Code

The action resulting from the failure to comply is prescribed by two years from the issuance of the property.

Article L217-16 of the Consumer Code

When the buyer asks the seller, during the course of the commercial guarantee that was granted to him during the acquisition or repair of a furniture property, a remediation covered by the guarantee, any capital period of at least seven days shall be added to the duration of the warranty that remained to be run.

This period is short from the request for intervention of the purchaser or the provision for repair of the property in question, if this provision is after the request for intervention.

Article 1641 of the Civil Code

The seller is bound by the warranty because of the hidden defects of the thing sold that make it unfit for the use to which it is intended, or that so diminish this use that the buyer would not have acquired it, or would have given it only a lesser price if he had known them.

Article 1648 of the Civil Code

The action resulting from redhibitral defects must be brought by the purchaser within two years from the discovery of the vice.