These General Terms and Conditions of Sale govern the distance selling of products by PORT EUROPE, a simplified joint-stock company with a share capital of €1,000,000, whose registered office is at 22 rue de la Fédération, 75015 Paris, registered with the Paris Trade and Companies Register under number B 444 908 677, intra-Community VAT number FR 29 444 908 677, telephone number 01 39 76 28 20, fax number 01 39 76 08 46, business address is 60 route de Sartrouville 78230 Le Pecq and email address [email protected] (hereinafter “PORT DESIGNS ”).
The terms and conditions of sale for the online shop (www.portdesigns.com), accessible exclusively to individuals of legal age and capacity, are intended to define the rights and obligations of PORT EUROPE and the customer. These terms and conditions apply to the exclusion of all other terms and conditions, in particular those in force for in-store sales or for sales to professionals.
Any order placed for a product featured in the online shop on the website www.portdesigns.com (hereinafter “the Website”) implies prior consultation and acceptance of these General Terms and Conditions of Sale. Clicking to accept the General Terms and Conditions of Sale on the Website thus implies full acceptance of these terms. This click is equivalent to a “digital signature”.
The terms and conditions applicable to any order consist of these General Terms and Conditions, the mandatory provisions of the Consumer Code and any specific terms and conditions applicable to the order.
The contract concluded between PORT DESIGNS and the customer is formalised by the order confirmation email, which includes these General Terms and Conditions of Sale.
These General Terms and Conditions govern orders placed from the date shown above. For any Order placed prior to this date, the customer must refer to the General Terms and Conditions of Sale available in a durable medium in their order confirmation email.
Products
PORT DESIGNS sells, in particular, luggage for laptops, tablets and cameras, protective cases for all types of IT equipment, as well as various accessories.
The precise specifications of the products are set out on the “Products” pages of the Website. The products remain the property of PORT DESIGNS until full payment for the order has been received. All risk of loss or damage to the goods passes to the customer from the moment the customer or a third party designated by them, other than the carrier provided by PORT DESIGNS, takes physical possession of the goods.
The products offered comply with current French legislation. PORT DESIGNS cannot be held liable in the event of non-compliance with the legislation of the country to which the product is delivered.
Prices
The prices of items are quoted in euros, inclusive of VAT. All orders, regardless of their origin, are payable in euros.
The applicable VAT rate corresponds to the French VAT rate.
For deliveries outside France within the European Union, PORT DESIGNS will be obliged to adjust the VAT rate once the threshold defined by the regulations in force in the country of delivery is reached. The customer will be informed of the applicable VAT rate at the time of ordering. For deliveries outside mainland France and the European Union, the VAT rate may vary.
In any event, 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 Website and promotional codes may be applicable to the customer’s order.
Promo codes cannot be combined and are not applicable if the displayed price is already subject to a promotion.
In accordance with applicable regulations, PORT DESIGNS reserves the right to cancel any order in the event of a display or technical error that renders the order price manifestly low or derisory.
Order
All orders are subject to prior acceptance of these General Terms and Conditions of Sale. Acceptance of these terms and conditions, together with the customer’s entry of their bank details, constitutes irrevocable acceptance of the terms of sale and payment, and will confirm the customer’s order.
It is understood that the data stored in the information system of PORT DESIGNS and/or its partners shall be deemed conclusive and may be produced as evidence in relation to orders and the obligations arising therefrom.
In order to place an order, the customer must complete the various fields indicated on the Website. Fields marked with an asterisk are mandatory. If no response is provided or if the information supplied is incorrect, PORT DESIGNS will be unable to process the customer’s order.
The data recorded by the payment system constitutes proof of financial transactions. An order confirmation email containing the General Terms and Conditions of Sale and a summary of the order will be sent to the customer at the email address provided as soon as the transaction is confirmed.
The data collected is retained for the period strictly necessary for the management of your account, your order and any warranty that applies to the purchased product. Data collected for marketing purposes is retained for three (3) years from the end of the commercial relationship (for example, from the date of purchase, the expiry date of the warranty or the last contact from the customer). For any order of €120 or more placed on the Website, PORT DESIGNS retains and guarantees the customer access to the contract entered into for a period of 10 years from the delivery of the goods, in accordance with Article L213-1 of the French Consumer Code.
In the event of incorrect information, particularly where billing details are incorrect or cannot be verified, or in the event of suspected fraudulent use of payment methods, the order may be suspended for three (3) days from the date PORT DESIGNS sends an email to the customer requesting rectification. If, at the end of this period, the order has not been rectified, PORT DESIGNS may then cancel the order.
PORT DESIGNS shall not be held liable for non-performance of the contract in the event of force majeure, as defined by the French courts.
Payment
The payment methods accepted by PORT DESIGNS are indicated at the start of the ordering process and are listed on the payment page.
The customer confirms that they are fully authorised to use the payment methods to pay for the order and that these payment methods enable them to settle the total price of the order.
The customer’s consent to payment, formalised by the provision of the details required to use the chosen payment methods, is irrevocable, and the customer undertakes not to dispute the payment except in the cases expressly provided for by the applicable regulations (in particular loss, theft or fraudulent use of the payment method).
Bank details are transmitted to the PORT DESIGNS server in encrypted form via the SSL (Secure Socket Layer) protocol and transferred to the customer’s bank in a fully secure environment. They are not retained by PORT DESIGNS under any circumstances.
Approval from the central credit card network triggers the dispatch of the goods. On the day of online payment, the customer’s account is debited for the invoice amount corresponding to the product(s) dispatched and any delivery charges where applicable.
Delivery charges
Unless otherwise stated on the Website, delivery is free for all orders over 30 euros (including VAT) to be delivered within the Eurozone. PORT DESIGNS reserves the right to change the amount of this promotional offer, of which the customer will in any case be informed before confirming their order. For orders below this amount, a contribution towards shipping costs will be charged in addition to the price of the products. Unless otherwise stated on the Website or a different option is chosen by the customer, delivery is by Colissimo tracked 48/72h.
Delivery
Products are delivered via Colissimo from Monday to Saturday to a collection point or Pickup point, at the post office or to the address provided by the customer when placing their order. If the customer is absent, a delivery notice will be left in their letterbox. The parcel will then be made available at the post office serving the customer’s home.
It is the customer’s responsibility to check the parcel immediately upon receipt, and it is advisable to raise any objections with the carrier “La Poste” by registered letter with acknowledgement of receipt within 3 days of receiving the parcel.
Delivery will take place within the timeframes specified on the Website prior to order confirmation or, failing that, no later than thirty (30) days after order confirmation.
If delivery is not made within the specified time frame, the customer may terminate the contract by registered letter with acknowledgement of receipt or in writing on another durable medium if, after having given notice in the same manner to PORT DESIGNS to make the delivery or provide the service within a reasonable additional period, the latter has not complied within that period.
Handling of undelivered parcels
These are parcels not delivered to the final recipient for the following reasons: undeliverable, unclaimed, refused, damaged in transit, stolen, etc.
- Returns due to NPAI (does not live at the address given) or “unclaimed” parcels:
Once we have received your parcel, we will contact you by email or telephone to offer to resend the parcel corresponding to your order, correcting any errors in the address or the recipient’s name; the cost of redelivery will be at your expense. If you refuse to pay the delivery charges again, your order will be cancelled and we will refund your order (excluding delivery charges) by bank transfer, cheque or credit to your credit card within 10 days of receiving your parcel.
-Returns for ‘refused’ parcels:
If the parcel is damaged, torn, opened, etc., you must refuse the parcel and request a theft report from the post office or carrier at the time of refusal, then contact our customer service team to inform us, providing proof of the theft. Once we have received your returned parcel, depending on the nature of the product, available stock and your preference, we will offer to resend the products originally ordered or, in the event of a stock shortage, replacement products with equivalent specifications. Should you decline this offer, a refund for your order will be issued by bank transfer, cheque or credit to your credit card within 10 days of receipt of your parcel.
Right of withdrawal
Any natural person acting for purposes outside the scope of their commercial, industrial, craft, professional or agricultural activity is entitled to a right of withdrawal, in accordance with Article L221-18 of the French 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 the customer takes physical possession of the goods; and in the case of an order comprising several goods delivered separately over a defined period, from the date of taking physical possession of the last item sold and dispatched by PORT DESIGNS.
Once this period has expired, the customer no longer has this right of withdrawal. Where this period expires on a weekend, public holiday or non-working day, it is extended until the next working day.
The customer may exercise their right of withdrawal without having to justify their decision or bear any costs other than the direct costs of returning the goods and the costs of any depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of those goods.
The right of withdrawal is exercised without penalty, including standard delivery charges (i.e. corresponding to the least expensive delivery option offered by PORT DESIGNS). However, any additional delivery costs incurred by choosing a delivery method more expensive than the standard delivery method offered by PORT DESIGNS shall remain the responsibility of the customer.
The costs of returning the product(s) are borne exclusively by the customer.
To exercise their right of withdrawal, the customer must inform PORT DESIGNS of their decision to withdraw by sending, before the expiry of the aforementioned period, the withdrawal form attached to these terms and conditions or any other unambiguous statement expressing their wish to withdraw to the following email address: [email protected] or to the following address:
PORT EUROPE
3A rue de Cherbourg
67100 STRASBOURG FRANCE
As the burden of proof regarding the exercise of the right of withdrawal lies with the customer, it is therefore advisable, in the event of sending by post, to send it by Registered Letter with Acknowledgement of Receipt.
Upon receipt of the customer’s withdrawal request, PORT DESIGNS will send them a confirmation email, accompanied by an authorisation/tracking number.
The product must be returned, accompanied by the agreement/tracking number, no later than 15 days from the date of receipt of the confirmation email from PORT DESIGNS, to the following address:
PORT EUROPE
3A rue de Cherbourg
67100 STRASBOURG FRANCE
Products must be returned in their entirety, in their complete original packaging, in a condition suitable for resale as new. In the event of damage to the product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the products, the costs of depreciation shall be borne by the customer. The amount of this depreciation will be deducted from the refund amount sent to the customer.
REFUND IN THE EVENT OF EXERCISING THE RIGHT OF WITHDRAWAL
Should the customer exercise their right of withdrawal, PORT DESIGNS will refund all payments received from the customer for the purchase of the returned products, including standard delivery charges (i.e. corresponding to the least expensive delivery option offered by PORT DESIGNS ) no later than 15 days from receipt of the withdrawal request. PORT DESIGNS may defer the refund until it has received the product(s) or until the customer has provided proof of dispatch of the product(s), whichever occurs first.
PORT DESIGNS will use the same payment method as the one the customer used for their initial order, unless the customer expressly agrees for PORT DESIGNS to use a different payment method. In any event, this refund will not incur any additional costs for the customer.
When exercising their right of withdrawal, the customer may also request an exchange of the product.
EXCHANGE IN THE EVENT OF EXERCISING THE RIGHT OF WITHDRAWAL
In the event of a request for an exchange not related to an error by PORT DESIGNS regarding the order placed, the return postage shall be at the customer’s expense. In this case, the item(s) must be returned within a maximum of 15 days from the date of confirmation of the exchange by PORT DESIGNS.
Products returned damaged, soiled or incomplete will not be exchanged.
The exchanged product will be delivered to the original delivery address within a maximum of 30 days. Failing this, the customer may terminate the contract by registered letter with acknowledgement of receipt or in writing on another durable medium if, after having instructed PORT DESIGNS, in the same manner, to make the delivery within a reasonable additional period, the latter has not done so within that period.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply to:
• the delivery of audio or video recordings or computer software that has been unsealed after delivery;
• the delivery of products that have been made to the customer’s specifications or are clearly personalised;
• the supply of products liable to deteriorate or expire rapidly;
• the provision of services fully performed by PORT DESIGNS where the customer agreed at the time of placing their order that PORT DESIGNS would commence performance, and waived their right of withdrawal;
• the supply of digital content (including apps, computer software, e-books, MP3s, etc.) not supplied on a physical medium (e.g. on a CD or DVD) if, at the time of placing your order, you agreed that we should begin supplying it and waived your right of withdrawal.
PORT DESIGNS WARRANTY AND STATUTORY WARRANTIES
Laptops and tablet cases, camera bags, GPS and hard drive cases, as well as other products identified as such on the Website, are eligible for the PORT DESIGNS commercial warranty.
The PORT DESIGNS warranty is provided free of charge for any defect or fault within a specified period from the date of sale, the duration of which varies depending on the product. The duration of the warranty is specified on the Website when the customer places their order. The commercial warranty agreement is attached (Appendix 2) to these terms and conditions.
In accordance with current regulations, the consumer customer also benefits from the statutory guarantee of conformity and the guarantee against hidden defects attached to the items sold on the Site and set out 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 normal wear and tear of certain parts or items, nor in the event of professional or collective use, nor to damage caused by factors external to the items.
In the event of non-conformity of the item(s), the costs of returning the item(s) by the customer to PORT DESIGNS are free of charge or reimbursed.
When invoking the statutory warranty of conformity, the consumer:
- has a period of two years from the date of delivery of the goods to take action;
- may choose between repair or replacement of the goods, subject to the cost conditions set out in Article L. 211-9 of the Consumer Code;
- is exempt from providing proof of the existence of a lack of conformity of the goods during the twenty-four months following delivery of new goods and during the six months following delivery of second-hand goods.
The statutory guarantee of conformity applies independently of any commercial warranty provided.
The consumer may decide to invoke the warranty against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code and, in such a case, may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
CUSTOMER SERVICE
The customer may contact PORT DESIGNS ’ customer service by post at the following address: PORT EUROPE 3 A rue de Cherbourg 67100 Strasbourg, France, or by email at [email protected].
In the event of a dispute, after contacting PORT DESIGNS ’ customer service and failing to receive a satisfactory response, the customer may refer the matter to the Consumer Ombudsman in accordance with Article 15 of these General Terms and Conditions of Sale.
PROTECTION OF PERSONAL DATA
Personal data provided by the customer is processed in accordance with Law No. 78-17 of 6 January 1978 on data processing, files and freedoms, Directive 95/46/EC on data protection and any associated regulations or instruments, as well as any other applicable laws, regulations, regulatory requirements and codes of conduct relating to the protection of personal data, or any other legislation, regulations, rules and codes of conduct that transpose or replace the foregoing (including Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“ GDPR”) applicable from 25 May 2018).
In accordance with the amended French Data Protection Act of 6 January 1978 and the GDPR, subject to proof of identity, the customer has the right to access, rectify, erase, object to and restrict the processing of personal data concerning them, as well as the right to data portability and to define their instructions regarding the management of their data after their death.
You may exercise these rights by post at 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 “Bloctel” cold-calling opt-out list, which you can join here: https://conso.bloctel.fr/
All obligations and rights relating to the customer’s personal data are set out in the Privacy Policy attached to these General Terms and Conditions of Sale and accepted by the customer when providing their data or confirming their order.
All of this information is also available at all times on the website http://www.portdesigns.com/fr/c/2-mentions-legales
INTELLECTUAL PROPERTY
All designs, images and graphics on the website are protected by copyright and intellectual property rights worldwide and are owned by or have been assigned to PORT DESIGNS, which holds an exclusive right of use. As such, in accordance with the provisions of the Intellectual Property Code, any reproduction or use, in whatever form, of these intellectual property rights without the prior written consent of PORT DESIGNS will result in legal proceedings.
No provision of these T&Cs may be interpreted as transferring any intellectual property rights in these signs to the customer.
CONSUMER MEDIATOR
In accordance with Article L612-1 of the Consumer Code, PORT DESIGNS guarantees the consumer effective access to a consumer mediation scheme.
The mediator’s role is to attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
After contacting PORT DESIGNS ’ customer service and failing to receive a satisfactory response within 60 days, the customer may refer the matter to:
FEVAD Consumer Ombudsman
PO Box 20015 - 75362 PARIS CEDEX 8 -
https://www.mediateurfevad.fr
To find out how to refer a matter to the Ombudsman, clickhere.
The customer remains free, however, to accept or refuse mediation and may bring the matter before the competent courts.
The customer is also informed that they may use the European Online Dispute Resolution (ODR) platform to resolve their dispute:www.ec.europa.eu/consumers/odr/
GOVERNING LAW
This contract is governed by French law. The language of the contract is French. Any dispute arising in connection with the application or interpretation of this contract shall be submitted to the competent French courts.
In accordance with Article 6.2 of Regulation (EC) No 593/2008 of 17 June 2008 on the law applicable to contractual obligations, this choice does not deprive consumers residing in the European Union of the protection afforded to them by provisions from which they cannot be derogated by agreement under the law of their country of residence.
ANNEX 1: WITHDRAWAL FORM
I/We*herebygive notice ofmy/our*withdrawalfromthe contractforthesaleof thegoodslisted below.
Customer No.:
Order No.:
Receivedon*:
Surname/Firstname:
Address:
Signature
Date
*Deleteasappropriate
APPENDIX 2: PORT DESIGNS COMMERCIAL WARRANTY
You can view our general terms and conditions for commercial warranties by clicking here.
Certain products are covered by a commercial warranty that is more favourable than the statutory warranties, the terms of which are specified on the Website and in the product descriptions.
For products covered by the PORT DESIGNS commercial warranty, if, following inspection, it is established that the product has a hidden defect or is faulty, we will repair or replace the product at our expense. This warranty does not cover normal wear and tear, accidental damage, misuse or improper care, and excludes any claim for compensation for the breakage of items that the customer has inserted into PORT DESIGNS products.
PURPOSE AND TERMS OF THE PORT DESIGNSWARRANTY:
The purpose of the PORT DESIGNS warranty is to ensure that the products are free from hidden defects and manufacturing faults. It covers the costs associated with repairing or replacing the item in accordance with the terms of the warranty applicable to your product.
The PORT DESIGNS warranty is provided free of charge for any defect or faulty workmanship within a specified period from the date of sale. In the event that the item is out of service for more than 7 days due to the warranty being invoked, the warranty period is extended by a period equal to the duration of the downtime.
The PORT DESIGNS warranty covers all manufacturing or material defects. It only entitles the customer to the repair or replacement of the damaged item and does not entitle the customer to any compensation in kind or in cash.
The warranty does not cover normal wear and tear, accidental damage, misuse or improper care.
This warranty is provided by PORT EUROPE, whose registered office is at 22 rue de la Fédération, 75015 Paris, registered with the Paris Trade and Companies Register under number B 444 908 677.
In addition to the PORT DESIGNS warranty, you are entitled to the statutory warranty of conformity referred to in Articles L. 217-4 to L. 217-12 of the French Consumer Code and the warranty relating to defects in the item sold, under the conditions set out in Articles 1641 to 1648 and 2232 of the Civil Code.
Article L. 217-4 of the French Consumer Code
The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery.
The seller shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation where the latter has been made the seller’s responsibility under the contract or has been carried out under the seller’s responsibility.
Article L. 217-5 of the Consumer Code
The goods are in conformity with the contract:
1° If it is fit for the purpose usually expected of similar goods and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
- if it possesses the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the manufacturer or their representative, particularly in advertising or labelling;
2° Or whether it possesses the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, broughtto the seller’s attention and accepted by the latter.
Article L217-12 of the Consumer Code
The right to bring an action for lack of conformity expires two years from the date of delivery of the goods.
Article L217-16 of the Consumer Code
Where, during the term of the commercial guarantee granted to the buyer upon the purchase or repair of a movable item, the buyer requests the seller to carry out repairs covered by the guarantee, any period of immobilisation of at least seven days shall be added to the remaining term of the warranty.
This period shall run from the date of the buyer’s request for repair or from the date the goods in question are made available for repair, if such provision is subsequent to the request for repair.
Article 1641 of the Civil Code
The seller is liable under the warranty for hidden defects in the item sold which render it unfit for the use for which it is intended, or which so impair that use that the buyer would not have purchased it, or would have paid only a lower price for it, had they been aware of them.
Article 1648 of the Civil Code
An action arising from latent defects must be brought by the purchaser within two years of the discovery of the defect.