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GENERAL TERMS AND CONDITIONS OF SALE
(updated on 21/07/2023)
PREAMBLE
The party offering the products for sale is RODD & GUNN NETHERLANDS B.V. (hereinafter “the Seller”), a company registered in Amsterdam (NETHERLANDS) under number 87014785 and whose registered office is located at Herengracht 280, Amsterdam, 1016 Bx, NETHERLANDS.
ARTICLE 1 – ENTIRETY OF THE AGREEMENT These general terms and conditions (hereinafter “GTCS”) express the entirety of the obligations of the parties. In this sense, the buyer (hereinafter “the Buyer”) is deemed to accept them without reservation. These GTCS apply to the exclusion of all other terms and conditions, and in particular those applicable for sales in stores or through other distribution and marketing channels. They can be accessed on the www.roddandgunn.com website and shall prevail, where applicable, over any other version or any other contradictory document. The Seller and the Buyer (hereinafter jointly referred to as “the Parties”) agree that these general terms and conditions govern their relationship exclusively. The Seller reserves the right to amend its general terms and conditions from time to time. They will apply as soon as they are posted online.
If a sales condition were to be lacking, it would be considered to be governed by current practices in the distance selling sector, of which the companies are based in France. ARTICLE 2 – CONTENT The purpose of these GTCS is to define the rights and obligations of the Parties in the context of the online sale of goods proposed by the Seller to the Buyer, from the www.roddandgunn.com website. These GTCS only concern purchases made by consumer Buyers located in the European Union and delivered exclusively on the territory of the European Union. They do not concern purchases made by professionals.
The Buyer must be an adult with full legal capacity to commit to the purchase.
The Buyer declares that it has read these GTCS and has accepted them before its immediate purchase or the placing of its order. In this respect, they are enforceable against it in accordance with the terms of Article 1119 of the French Civil Code.
ARTICLE 3 – PRE-CONTRACTUAL INFORMATION
3.1 The Buyer acknowledges that it has received, prior to placing its order and upon entering into the contract, in a legible and comprehensible manner, these GTCS and all the information listed in Article L. 221-5 of the French Consumer Code.
3.2 The following information is sent to the Buyer through the GTCS, in a clear and comprehensible manner:
ARTICLE 4 – PRODUCTS The products governed by these GTCS are those appearing on the Seller’s website and which are indicated as sold and shipped by the Seller. They are offered within the limit of available stocks. The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred with regard to this presentation, the Seller shall not be held liable. Photographs of the products are not contractual. ARTICLE 5 – ORDER The Buyer may place his/her order online, from the online catalogue and using the form contained therein, for any product, within the limit of the available stocks. If a product ordered is unavailable, the Buyer shall be informed by email or by any other means. For the order to be validated, the Buyer must accept these GTCS by clicking in the place indicated. He/she must also choose the delivery address and method, and finally validate the payment method.
The sale shall be considered final: Any order constitutes acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will take place in the context of a possible exchange and the warranties mentioned below. In certain cases, including non-payment, incorrect address or other problem with the Buyer’s account, the Seller reserves the right to block the Buyer’s order until the problem is resolved. The product order will then be cancelled and any reimbursement will be made, with the rest of the order remaining firm and final. ARTICLE 6 – PRICE, PAYMENT TERMS AND PROOF OF THE TRANSACTION 6.1. Price Prices are indicated on the site in euros. They do not take into account delivery costs, invoiced in addition, and indicated before validation of the order. Prices include value added tax (VAT) applicable on the day of the order in France or that applicable in the country of delivery located in the European Union. The Seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on this date. The full price must be paid at the time of the order. 6.2 Payment terms Purchases are paid for at the customer’s discretion:
The online provision of the Buyer’s bank card number and the final validation of the order shall constitute proof of the Buyer’s agreement and:
The Buyer warrants to the Seller that it has any authorisations required to use the payment method chosen by him/her, when validating the purchase order. The Seller reserves the right to suspend any order management and delivery in the event of refusal of authorisation for payment by bank card by officially accredited bodies or in the event of non-payment. 6.3 Proof of the transaction Computerised records, kept in the Seller’s IT systems under reasonable security conditions, shall be considered proof of communication, orders and payments made between the Parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as evidence. ARTICLE 7 – DELIVERY Delivery means the transfer of physical possession or control of the product. It is only made after payment has been confirmed by the Seller’s bank.
The delivery costs applicable to the order are those mentioned on the Seller’s website at the time of the order.
The products are delivered to the address indicated by the Buyer on the purchase order, the Buyer must ensure its accuracy, or to any other place of delivery proposed by the Seller and chosen by the Buyer.
The products ordered are delivered using one of the delivery methods proposed by the Seller and chosen by the Buyer within the period communicated by the Seller at the time of order validation.
If the delivery deadline is exceeded, and until the product is delivered, the Buyer may request cancellation of the sale and obtain reimbursement of the sums paid for the order within a maximum period of 14 days from the request.
However, the Seller may not be held liable for the harmful consequences resulting from a delivery delay, only the reimbursement of the sums paid at the time of the order being possible, to the exclusion of any other form of compensation.
Any parcel returned to the Seller due to an incorrect or incomplete delivery address will be re-dispatched at the Buyer’s expense. If it prefers, the Buyer may request reimbursement within 5 days from receipt by the Seller of the returned parcel.
ARTICLE 8 – RIGHT OF WITHDRAWAL 8.1 Time limit and procedures for exercising the right of withdrawal The Buyer has a period of 30 working days from the date of delivery of his/her order, to return any item that does not suit him/her and request the reimbursement without penalty nor return costs. The right of withdrawal may be exercised using the withdrawal form shown in Appendix 2 of these GTCS, which may be sent by email to the following address: elodge@roddandgunn.com, or in writing to the following address: RODD AND GUNN Returns, Herengracht 280, Amsterdam, 1016 Bx, NETHERLANDS.
Any other method of requesting withdrawal is also accepted. It must be unambiguous and express the desire to withdraw. An acknowledgement of receipt on a durable medium shall be immediately sent to the Buyer. 8.2 Time limit and procedures for returning an order in connection with exercising the right of withdrawal The Buyer is obliged to return the order no later than 14 days after he/she has requested withdrawal, in accordance with the provisions of the French Consumer Code. Products returned must be in their original and complete condition (packaging, accessories, instructions, etc.) so that they can be sold in new condition, accompanied by the purchase invoice. Damaged, dirty or incomplete products are not taken back. Furthermore, and in accordance with Article L.221-23 of the French Consumer Code, the Buyer is informed that he/she may be held liable by the Seller in the event of depreciation of the product. This depreciation of the product must result from handling that has not been carried out with a reasonable level of care and the sole purpose of which is to assess the essential characteristics of the product.
8.3 Reimbursement of products returned under the right of withdrawal The reimbursement shall be made within 14 days of receipt, by the Seller, of the products returned by the Buyer under the conditions provided for above. The price shall be reimbursed using the same payment method as that used by the Buyer to pay for the order. In the event that this means of payment has expired, the Buyer must contact customer service at the email address elodge@roddandgunn.com to change the means of reimbursement. The Seller may not then be held liable for any delay in the reimbursement.
ARTICLE 9 – LEGAL WARRANTIES OF COMPLIANCE AND HIDDEN DEFECTS AND CONTRACTUAL GUARANTEES 9.1 Legal warranties RODD & GUNN NETHERLANDS BV, the Seller, with its registered office at Herengracht 280, Amsterdam, 1016 Bx, NETHERLANDS, guarantees that the products comply with the contract, allowing the Buyer to make a request under the legal warranty of compliance provided for in Articles L. 217-4 et seq. of the French Consumer Code or the warranty against defects in the item sold within the meaning of Articles 1641 et seq. of the French Civil Code.
In the event that the legal warranty of compliance is implemented, it is recalled that:
Furthermore, it should be noted that:
However, the Buyer is informed that said legal warranties cannot be implemented in the event that the damage to the product results from use that does not comply with the instructions provided in the notices and documents accompanying said product. In this case, the Seller shall not be bound by the legal warranties or any commercial guarantees offered by the Seller.
9.2 Contractual guarantees In addition to the legal warranties, the Seller offers the Buyer contractual guarantees. 2 Year Guarantee The Seller marries the best of natural raw material with advanced technology, to create fabrics and clothes that uphold the best tradition of quality. The Seller supports this commitment with a 2 Year Guarantee against faulty workmanship on all its goods.
The Buyer who has any queries relating to the guarantee of his/her purchase can contact the Seller at the following address: elodge@roddandgunn.com. New Zealand made luggage Guarantee The Seller’s New Zealand made luggage is made from the finest leather tanned in Italy. Each hide is hand selected and then expertly crafted in a small facility in New Zealand, operated by a Hungarian family boasting overs 80 years’ experience in the industry. Stitch by stitch the piece is crafted to create a collector’s item, built to be enjoyed over a lifetime of service.
Should the Buyer’s luggage ever need repair or restoration, the Seller will return it to its former glory free of charge. This Guarantee applies to the original RODD & GUNN purchaser only. Proof of purchase is required for any claim. Repairs and restoration are covered on product and performance issues, which does not include fair wear and tear. The Buyer has an obligation to maintain the luggage in reasonable condition. The Buyer who has any queries relating to the New Zealand made luggage Guarantee can contact the Seller at the following address: elodge@roddandgunn.com. ARTICLE 10 – FORCE MAJEURE All circumstances beyond the control of the Parties preventing performance of their obligations under normal conditions are considered as causes of exemption from the obligations of the Parties and result in their suspension.
The Party invoking the circumstances referred to above must immediately notify the other Party of their occurrence and their end. Any event or circumstance that is beyond the control of the Parties and which is unforeseeable, unavoidable and which cannot be prevented by the Parties, despite all reasonable efforts, shall be considered as a case of force majeure. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of the French courts and tribunals: the blocking of means of transport or supply, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The Parties shall meet to examine the impact of the event and agree on the conditions under which the performance of the contract shall be continued. If the force majeure event lasts for more than three months, the contract concluded between the Parties pursuant to these GTCS may be terminated by the affected Party.
ARTICLE 11 – INTELLECTUAL PROPERTY The content of the www.roddandgunn.com website (technical documents, drawings, photographs, etc.) remains the property of the Seller, which is the sole holder of the intellectual property rights to this content.
Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offence of infringement. ARTICLE 12 – PERSONAL DATA PROTECTION AND PRIVACY POLICY Personal data may be collected on the www.roddandgunn.com website and used by the Seller, which acts as data controller within the meaning of Regulation (EU)
2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the
free movement of such data (General Data Protection Regulation or “GDPR”). The Website uses cookies (connection cookies), of which users are informed when they arrive on the website. For more information, see our Privacy Policy. ARTICLE 13 – PARTIAL INVALIDITY If one or more provisions of these GTCS are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision by a competent court, the other provisions shall retain their full force and effect.
ARTICLE 14 – NON-WAIVER The fact that one of the Parties does not avail itself of a breach by the other Party of any of the obligations referred to in these GTCS may not be interpreted for the future as a waiver of the obligation in question.
ARTICLE 15 – MEDIATION The Seller, Rodd & Gunn Netherlands BV, is a member of the Fédération des Entreprises de vente à Distance (FEVAD) and is a member of the e-commerce mediator service of the FEVAD, whose contact details are as follows: 60 Rue La Boétie - 75008 Paris.
After prior written steps taken by consumers towards the Seller, the Mediator Service may be called upon for any consumer dispute whose settlement has not been successful.
The procedure for referring the matter to the Mediator is provided at the following link: https://www.mediateurfevad.fr.
It is also possible to refer the matter to the European Commission’s online dispute resolution platform:
https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR
ARTICLE 16 – LANGUAGE OF THE CONTRACT AND APPLICABLE LAW These GTCS are drawn up in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute. These GTCS are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and formal rules. In the event of a dispute or claim, the Buyer shall first contact the Seller to obtain an amicable solution. APPENDIX 1 – PROVISIONS RELATING TO LEGAL WARRANTIES Article L. 217-4 of the French Consumer Code “The seller delivers a product in accordance with the contract and is liable for any non-conformities existing at the time of delivery. It shall also be liable for any non-conformity resulting from the packaging or assembly instructions, or the installation if it assumed responsibility for this under the contract or had the installation carried out under its responsibility.”
Article L. 217-5 of the French Consumer Code “The product complies with the contract:
Article L. 217-12 of the French Consumer Code “The seller may not proceed according to the choice made by the consumer if the conformity requested is impossible or results in disproportionate costs with regard in particular to:
The seller may refuse to bring the product into compliance if this is impossible or results in disproportionate costs, in particular with regard to points 1 and 2. Where these conditions are not met, the consumer may, after formal notice, seek enforcement of the solution initially requested, in accordance with Articles 1221 et seq. of the French Civil Code. Any refusal by the seller to proceed according to the consumer’s choice or to bring the product into compliance shall be justified in writing or on a durable medium.” Article L. 217-16 of the French Consumer Code “In the cases provided for in Article L. 217-14, the consumer shall inform the seller of his/her decision to terminate the contract. He/she shall return the products to the seller at the latter’s expense. The seller shall refund the price paid to the consumer and return any other benefit received under the contract.
If the non-conformity relates only to certain products delivered under the sales contract, the consumer has the right to terminate the contract for all the products, even those not covered by this chapter, if he/she cannot reasonably be expected to agree to keep only the products that are compliant.
For the contracts mentioned in II of Article L. 217-1, providing for the sale of goods and, on an ancillary basis, the provision of services not covered by this chapter, the consumer is entitled to terminate the entire contract. In addition, in the case of a bundled offer within the meaning of Article L. 224-42-2, the consumer has the right to terminate all contracts relating thereto.
The respective obligations of the parties to the contract, mentioned in Article L. 224-25-22 and relating to the consequences of termination for digital content and digital services, apply to the termination of the contract of sale of a product containing digital elements.”
Article 1641 of the French Civil Code “The seller is bound by the warranty for hidden defects in the item sold that render it unfit for its intended use, or that so impair this use that the buyer would not have purchased it, or would only have paid a lower price, if he/she had been aware of them.”
Article 1648 of the French Civil Code “An action resulting from latent defects must be brought by the buyer within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be released from liability for apparent defects or non-conformity.”
APPENDIX 2 – WITHDRAWAL FORM Please complete and return this form only if you wish to withdraw from the contract by your own means.
FOR THE ATTENTION OF RODD & GUNN NETHERLANDS BV, Herengracht 280, Amsterdam, 1016 Bx, NETHERLANDS.
I hereby notify you of my withdrawal from the contract relating to the sale of the following product …………………………..
Order received on ……………………………..
Order no. ……………………………..
Name:
Address:
Date:
SIGNATURE