Terms & Conditions
General terms and conditions of sale airplum.fr – updated June 2023.
Welcome to www.airplum-shop.com, a website selling French-made indoor and outdoor slippers. We invite you to read these general conditions of use and sale (CGUV) as well as our personal data protection policy before browsing and ordering on our website.
The User, whether a customer or not, is hereby informed that he/she is bound by these terms and conditions.The use of our site’s services, as well as any order, implies the prior, full and entire acceptance of the present CGUV and our personal data protection policy, which you acknowledge having read.
PREAMBLE
These general terms and conditions of sale apply to all sales concluded on the www.airplum-shop.com website.
The www.airplum.fr website is published by SODOPAC SAS, headquartered at Lieu-dit Puybégout 24300 AUGIGNAC, France, registered with the PERIGUEUX Trade and Companies Register under number 329 285 969, and hosted by IONOS.
The site’s customer service department can be reached by telephone from mainland France on 05.53.56.47.78 (toll-free) Monday to Thursday, 9am to 12pm, and Friday, 9am to 11am, except on public holidays. He can also be contacted by e-mail using the online contact form available on the website or at the following address: boutique@airplum.fr
Definitions :
- Customer: means any natural person who is acting for purposes that do not fall within the scope of his or her commercial, industrial, artisanal or liberal activity, who is at least 18 years of age and who has ordered at least once from the site. The customer has an airplum.fr customer account.
- Identifier: the e-mail address required to identify a user on the site and access his/her account.
- Password: this is the succession of characters which the user must keep secret, and which, together with his login, enables him to access his account.
- Website: www.airplum.fr
- User: The user is defined as any person using the www.airplum.fr website or any of the services offered on it.
- Identified user: The user is defined as any person using the www.airplum.fr site or any of the services offered on it and who has an airplum.fr account.
ARTICLE 1. SUBJECT
The purpose of these general terms and conditions of sale is to define the rights and obligations of www.airplum.fr and their individual or professional customers in connection with the sale of Products on the Site.
In this respect, any order for a Product via the Site implies full acceptance of these terms and conditions of sale.
ARTICLE 2. SCOPE OF APPLICATION
The present terms and conditions apply to purchases made via the Site accessible at www.airplum.fr, for Customers located and delivered in mainland France, DOM- TOM, Corsica and continental Europe exclusively.
Special conditions may apply, in particular for customers residing outside the above-mentioned territory, in the context of promotional operations or relations with professional customers. In the event of special conditions, these take precedence over the general conditions.
Any order placed on the Site implies unreserved acceptance of these General Terms and Conditions of Sale.
In accordance with the provisions of article 1125 of the French Civil Code, these general terms and conditions of sale may be retained by any person visiting the Site, by means of a computer record, and may also be reproduced by the Customer, by printing.
The general terms and conditions of sale applicable are those appearing on the Site at the date of the order. In the event that, on the same date, different terms and conditions of sale are also available to the public via other websites or by any other means, they will not be enforceable against www.airplum.fr.
www.airplum.fr reserves the right to adapt or modify these terms and conditions of sale at any time and without prior notice. Any such adaptations or modifications will apply to all orders placed subsequent to the adaptation or modification.
ARTICLE 3. PRE-CONTRACTUAL INFORMATION
The individual customer acknowledges that, prior to placing an order and entering into a contract, he/she has been provided, in a legible and comprehensible manner, with the present terms and conditions of sale and all the information listed in article L. 221-5 of the French Consumer Code.
The buyer is provided with the following information in a clear and comprehensible manner:
- the essential characteristics of the property ;
- the price of the goods and/or the method of calculating the price ;
- if applicable, any additional freight, delivery or postage costs and any other charges due;
- in the absence of immediate performance of the contract, the date or time by which the seller undertakes to dispatch the goods, whatever their price;
- information relating to the seller’s identity, postal, telephone and electronic contact details and activities, legal warranties, digital content functionalities and, where applicable, interoperability, the existence and implementation of warranties and other contractual conditions.
- The possibility of recourse to a consumer mediator under the conditions set out in Title I of Book VI;
- Where the right of withdrawal exists, the conditions, timeframe and procedures for exercising this right, as well as the standard withdrawal form, whose conditions of presentation and information it contains, are set by decree by the Conseil d’Etat;
- The fact that the consumer bears the cost of returning the goods in the event of retraction or exchange.
ARTICLE 4. PRODUCTS AND SERVICES OFFERED ON THE SITE
1. PRODUCTS
The Products presented on the Site comply with current French legislation and the standards applicable in France. In the event of a Product being withdrawn from the trade by partners and suppliers, the Product will be removed from the Site as soon as possible, and orders in progress will be automatically cancelled without any possibility of complaint for the Customer.
Offers for Products sold and shipped by SODOPAC are valid as long as they appear on the www.airplum.fr website, while stocks last.
Inventory statements are updated regularly. In the event of shortage, the Customer will be informed of the unavailability of the Product.
SODOPAC takes the utmost care in providing information on the essential characteristics of the Products. The photographs of the Products are not contractual.
In this respect, SODOPAC undertakes to respond to any additional request for information on the Products.
For technical reasons, the actual rendering of the Products may sometimes differ slightly from the photographs shown on the Site. In the event of a manifest error between the characteristics of the Products as described in the Product sheet and their representation, the written description of the Product shall prevail. SODOPAC cannot be held liable for omissions or minor errors that do not concern the essential characteristics of the Products.
In the event that, after the date of their removal from the Site, Product offers nevertheless remain accessible to the public via other Internet Sites or by any other means, they will no longer be opposable to those present on the www.airplum.fr site.
ARTICLE 5. PRICE
The prices of Products listed on www.airplum.fr are given in euros, inclusive of all taxes. They therefore include value-added tax (VAT). Delivery and, where applicable, personalization costs are charged extra.
However, Products will be dispatched free of tax to countries outside the European Union or to French overseas departments and territories. However, customers will be required to declare these items upon receipt.
Deliveries to countries outside the European Union may incur additional charges to be borne by the Customer and not attributable to SODOPAC. These include, for example, charges for money transfers made by credit institutions (transfer charges, foreign exchange charges) and import charges or taxes (customs duties). Such costs may also arise in the case of a money transfer if delivery takes place in a country belonging to the European Union, but the customer makes payment from a country outside the European Union.
Delivery costs are indicated to the Customer as he selects his products. Their amount is in any case indicated at the end of the online order, before its validation.
The price invoiced to the Customer is the price specified on the order confirmation, which includes the price of the products, including VAT, plus the cost of transport.
If one or more taxes or contributions, particularly environmental, are created or modified, either upwards or downwards, this change will be reflected in the sale price of the Products.
SODOPAC reserves the right to modify its sales prices at any time. The Products will be invoiced on the basis of the prices in force at the time of confirmation of the Order. When the product is indicated as being subject to a promotion, the reference price (crossed-out price) is the lowest price charged by SODOPAC during the 30 days preceding the start of the promotional operation. The percentage or euro discount shown next to the promotional price is calculated from the reference price.
In the event of a manifest and gross error in the price, SODOPAC shall not be held liable and reserves the right to cancel Orders.
ARTICLE 6. ORDER
1. Customer’s capacity
Only natural persons legally capable of entering into contracts concerning the Products offered for sale on the Site may place orders on the Site, either directly or as the representative of a legal entity.
When placing an order, the Customer warrants that he/she has the full legal capacity to accept these terms and conditions of sale and thus conclude the Sale. In any event, the Customer is responsible for the information entered when placing an order.
2. Placing an order
Orders are placed in French and in euros (€). The Customer places an order in accordance with the instructions given on the Site.
The Order implies acceptance of the prices and characteristics of the Products presented on the Site.
The Customer is required to create an account prior to the first validation of the first Order. This account can be accessed at any time by the customer using his/her login details (email address and password).
When opening an account, the Customer agrees to provide the information requested and undertakes to ensure that it is true:
- first and last name: information needed to identify the owner of the order
- postal address: information required for home delivery
- telephone: information needed to track delivery
- e-mail address: information required to send order confirmation and delivery tracking e-mails.
By creating an account, the user accepts the present CGUV and our personal data protection policy.
Access to services includes subscription to AIRPLUM newsletters. Identified users may, at any time, modify the information they wish to receive or unsubscribe by clicking on the appropriate link at the bottom of each newsletter. This link is also available on the site under “My account”.
When users create an account on the site, they receive an account confirmation e-mail the same day. www.airplum.fr reserves the right to delete any account that does not comply with these contractual conditions.
The Customer shall place the order in accordance with the instructions given on the site. He/she undertakes to fill in the order form with complete and accurate information.
To recap, the steps involved in closing a sale on the www.airplum.fr website are as follows:
- The customer selects his products by clicking on the product sheet.
- The customer confirms his choice by clicking on the “Add to Cart” tab.
- A summary of the Order is provided, which the Customer can check and correct if necessary in the “Shopping Cart” tab.
- The Customer confirms his Order by clicking on the “Order” tab, after having expressly accepted the present terms and conditions of sale by ticking the appropriate box.
- The Customer enters his personal details and the delivery address for his Order.
- The Customer makes payment on the secure website of SODOPAC’s financial partner.
Before definitively confirming the Order, the Customer may return to the previous pages and correct and modify the Order and the information previously provided before confirming it to express his/her final acceptance.
SODOPAC shall not be held liable for any data entry errors made by the Customer, nor for any consequences thereof in terms of delay or error in delivery.
4. Order tracking
The Customer may check the status of his Order by consulting the “My Account” section of the Site.
ARTICLE 7. PAYMENT
The payment of the Order by the Customer will formalize in a firm and definitive way the distance selling contract concluded with SODOPAC and will be confirmed by e-mail to the Customer.
1. Terms of payment
By clicking on the “Order” button, the Customer confirms his Order and undertakes to pay the price.
Payment for the entire basket is made in a single payment (unless the Customer chooses a different payment method), regardless of the Products in the basket.
Card payment orders cannot be cancelled. Payment of the Order by the Customer is irrevocable, without prejudice to the Customer’s right of withdrawal.
The transfer of ownership of the Product to the Customer will only take place upon full payment of the price by SODOPAC and receipt of the Product by the Customer.
The following payment methods are available:
- Credit card (Visa, Carte Bleue, Mastercard, e-card). For this method of payment, the amount of the Order is debited as soon as it is confirmed.
- By cheque: please note that for this method of payment, the Order will only be processed once the cheque has been received and checked. This procedure may take a few days.
If payment is made by cheque, it must be issued by a bank domiciled in mainland France and made payable to SODOPAC or AIRPLUM. It should be sent to AIRPLUM- SODOPAC Lieu-dit Puyb̩gout 24300 AUGIGNAC РFrance
The items ordered are then reserved for 5 days from the order date. After this period and in the absence of receipt of the corresponding check, AIRPLUM.fr reserves the right to cancel the customer’s order. The cheque will then be returned upon receipt.
The Customer confirms and guarantees that he/she is the holder of the means of payment used for payment and that the latter gives access to sufficient funds to cover all costs necessary for the cash settlement of the Order.
For all inquiries relating to debit times, the customer may contact Customer Service.
If the Order consists of several products, in the event that only part of the Order is unavailable, the delivery costs will not be refunded.
3. Vouchers
Vouchers or promotional codes may be offered to members depending on current offers. The conditions of use of the vouchers are indicated for each voucher.
3. Payment confirmation
The online payment service operator is AVEM, a one-person simplified joint stock company with share capital of €7,680,270, headquartered at 14 rue Louis Blériot – CS 10038 35172 BRUZ CEDEX, registered with the Rennes Trade and Companies Register under number 330 447 236.
4. Combating credit card fraud
Information relating to your order is subject to automated data processing, for which FIA-NET S.A. is responsible. The purpose of this automated data processing is to define a transaction analysis level and to combat credit card fraud.
The occurrence of an unpaid invoice due to fraudulent use of a bank card will result in the registration of the details relating to your order associated with this unpaid invoice in a payment incident file set up by FIA-NET S.A. An irregular declaration or an anomaly may also be subject to specific processing.
In accordance with the French Data Protection Act of January 6, 1978, you have the right to access, rectify and object to all your personal data at any time. To do so, please send a letter, stating your identity, to FIA-NET, Service Informatique et Libertés, Traitements n°773061 et n°1080905, 15 rue du Faubourg Montmartre, 75009 PARIS.
AIRPLUM.fr reserves the right to verify the personal data communicated by the customer and to adopt all measures deemed necessary to verify that the person whose bank account is debited is indeed the person who placed the order, in order to avoid any fraudulent payment. This verification may take the form of a request for proof of identity and/or address and/or bank documents (RIB or cancelled cheque). Failure by the customer to respond to a request of this type within 2 days of the request being made by AIRPLUM.fr will automatically result in the cancellation of the order concerned, without any possibility of subsequent complaint.
AIRPLUM.fr will also be free to cancel any order that presents one or more risk factors for fraudulent use of a bank card.
ARTICLE 8. DELIVERY
1. Place of delivery
Deliveries are made throughout the territory covered by the services of the carrier La Poste: Metropolitan France, Corsica, French overseas departments and territories, Europe, Africa, North America and certain Asian countries. For a detailed list, click here: https: //www.laposte.fr/courriers-colis/conseils- pratiques/fiches-pays-colis
SODOPAC reserves the right to refuse any Order whose delivery address is outside this territory.
Products may be delivered to the following locations:
At the Customer’s home, at the address indicated by the Customer located in Metropolitan France, Corsica, the Principality of Monaco and French overseas territories.
The Customer also has the option of having the Products delivered to one of the natural persons of his choice, whose permanent address is in Metropolitan France.
By relay point, this delivery method allows delivery in mainland France and Belgium.
Delivery is accompanied by a delivery note. The invoice is sent automatically by e-mail and can also be downloaded from the “My account” section.
2. Delivery times
Delivery times are indicated to the Customer prior to Order confirmation.
Excluding sales periods and loyalty offers reserved for customers, all orders placed on the www.airplum.fr website before 8 a.m. Monday to Friday (excluding public holidays, weekends and closing dates) will be prepared and dispatched within 48 hours, subject to payment validation (see Payment Validation paragraph).
www.airplum.fr delivers the items ordered and paid for by the customer within the timescale chosen by the customer (see 3..Delivery terms).
In the event of a foreseeable delay in delivery, www.airplum.fr will inform the Customer as soon as possible by e-mail and provide an estimate of the additional delivery time.
Individual customers
Deliveries are made according to the indicative delivery times indicated on the www.airplum.fr website, depending on the delivery method chosen, from the time the e-mail confirming delivery of the Order is sent.
In the event of a foreseeable delay in delivery, SODOPAC will inform the Customer as soon as possible by e-mail and will provide an estimate of the additional delivery time.
In any event, SODOPAC undertakes to deliver to the Customer within a maximum of 7 working days from Order confirmation.
Pursuant to the provisions of article L.216-1 et seq. of the French Consumer Code, in the event of non-compliance with the agreed delivery date or deadline, the Customer must, before breaking the contract, require SODOPAC to perform within a reasonable additional period.
Should the customer fail to perform by the end of this new period, he/she is free to terminate the contract.
The Customer must carry out these successive formalities by registered letter with acknowledgement of receipt or in writing on another durable medium.
The contract will be considered terminated upon receipt by SODOPAC of the letter or writing informing it of such termination, unless SODOPAC has performed in the meantime.
The customer may, however, cancel the contract immediately if the dates or deadlines referred to above constitute an essential condition of the contract.
In this case, when the contract is terminated, SODOPAC is obliged to reimburse the purchaser for all sums paid, at the latest within 14 days of the date on which the contract was terminated.
3. Terms of delivery
Delivery methods
Orders are transported by independent companies. The Customer is required to make reservations to the carrier in the event of failure of the Products.
The www.airplum.fr website offers 3 delivery methods:
- COLISSIMO, by post, with or without signature
- MONDIAL RELAY in France and Belgium
- GLS at home
AIRPLUM reserves the right to disable any of these modes of transport in the event of technical problems.
Mondial Relay :
Orders are delivered within three working days, for all orders placed before 08:00, Monday to Friday. Packages are delivered against signature, or with a personal code if you choose pickup. Mondial Relay will inform you by e-mail and/or SMS of the delivery of your parcel. You can track the progress of your parcel via the tracking link sent to you, and also on the https://www.mondialrelay.fr/suivi-de-colis/ website. Once the parcel has been dropped off at a collection point, you have 7 calendar days to collect it. Once this period has elapsed, the parcel will be returned to the sender and placed back in stock. The customer will then be reimbursed for the amount of the order, excluding shipping costs, upon receipt of the parcel in our warehouses. Reshipment of this parcel will only be possible by placing a new order.
Colissimo Domicile without signature :
Orders are delivered within two working days, for all orders placed before 8am Monday to Friday. Packages are delivered without signature. Colissimo will inform you by e-mail and/or SMS of the delivery of your parcel the day before delivery. You can track the progress of your parcel via the tracking link sent to you, and also on the https://www.laposte.fr/outils/suivre-vos-envois website.
If you are absent, your parcel will be held at a collection point or post office for 15 working days. Once this period has elapsed, the parcel will be returned to the sender and placed back in stock. The customer will then be reimbursed for the amount of the order upon receipt of the parcel in our warehouses. Reshipment of this parcel will only be possible by placing a new order.
Colissimo Domicile with signature :
Orders are delivered within two working days, for all orders placed before 8am, Monday to Friday. Packages are delivered against signature. Colissimo will inform you by e-mail and/or SMS of the delivery of your parcel the day before delivery. You can track the progress of your parcel via the tracking link sent to you, and also on the https://www.laposte.fr/outils/suivre-vos- website. If you are absent, your parcel will be held at a collection point or post office for 15 working days. Once this period has elapsed, the parcel will be returned to the sender and placed back in stock. The customer will then be reimbursed for the amount of the order upon receipt of the parcel in our warehouses. Reshipment of this parcel will only be possible by placing a new order.
GLS at home :
Orders are delivered within 3 working days in France, Belgium and Luxembourg, for all orders placed before 8am, Monday to Friday. Packages are delivered against signature.
Factory withdrawal :
For customers who are able to come to the factory, please contact our customer service department on 05.53.56.47.78 to register your order free of charge. Products can be collected from the factory at a time agreed with customer service, Monday to Thursday, 8am to 4.30pm.
INTERNATIONAL DELIVERY
Colissimo Domicile with signature – Overseas
Orders are delivered between eleven and twenty working days, for all orders placed before 8am, Monday to Friday. Packages are delivered against signature. Colissimo will inform you by e-mail and/or SMS of the delivery of your parcel the day before delivery. You can track the progress of your parcel via the tracking link sent to you, and also on the https://www.laposte.fr/outils/suivre-vos-envois website. If you are absent, your parcel will be held at a collection point or post office for 15 working days. Once this period has elapsed, the parcel will be returned to the sender and placed back in stock. The customer will then be reimbursed for the amount of the order upon receipt of the parcel in our warehouses. Reshipment of this parcel will only be possible by placing a new order.
4. Receiving products
The transfer of risk occurs upon delivery, when the Products are handed over.
The customer is strongly advised to check the condition and conformity of the package upon delivery.
If the parcel appears to be damaged or open, the Customer is asked to make reservations on the electronic delivery receipt issued by the delivery person or directly with the Post Office.
If the parcel appears to be empty, the customer must refuse delivery and contact www.airplum.fr customer service on 05.53.56.47.78.
The Customer must indicate any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products, etc.) on the delivery note in the form of handwritten reservations accompanied by his/her signature.
This verification is considered to have been carried out once the Customer, or a person authorized by him, has signed the delivery note.
Any claim relating to an apparent defect or damage upon delivery of a Product must, in order to be valid vis-Ã -vis the carrier, be sent within two working days of delivery, by e-mail or letter addressed to the Site’s Customer Service Department.
In the event of damage, the Customer must give precise details on the return slip, with the provisions of article 10 below remaining applicable.
In the event of refusal of delivery or return of the Product for the aforementioned reasons, the Customer may request cancellation of the order under the conditions set out in article 10 hereof.
5. Exchange policy
If the amount of the customer’s exchange order is different from the original order, www.airplum.fr reserves the right to ask the customer to return the model to be exchanged by post at its own expense. The full amount initially spent on the first order will then be refunded within 48 hours, and the customer will be able to place a new order via the site.
6. Delivery errors
The Customer must notify SODOPAC on the day of delivery, or no later than the first business day following delivery, of any claim of error of delivery and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this deadline will be rejected.
The claim may be made, at the Customer’s option :
- telephone number: 05 53 56 47 78
- e-mail address: boutique@airplum.fr
- Any claim not made in accordance with the above rules and within the specified time limits will not be taken into account and will release SODOPAC from any liability towards the Customer.
Upon receipt of the complaint, SODOPAC will send by mail a mailing label to allow the customer to return the item free of charge for exchange or refund, in the original packaging and unworn.
ARTICLE 9. RIGHT OF WITHDRAWAL FOR INDIVIDUAL CUSTOMERS
In accordance with the provisions of article L.221-18 et seq. of the French Consumer Code, the Customer has a period of 14 clear days from the date of delivery of his Order to return any Product that does not suit him and request an exchange or refund without penalty.
The right of withdrawal may be exercised by the Customer by any unambiguous statement expressing his/her wish to withdraw or by sending SODOPAC the duly completed withdrawal form, available on the last page of these general terms and conditions of sale.
The burden of proof that the right of withdrawal has been exercised lies with the Customer.
The Customer must return the Product without undue delay and at the latest within fourteen (14) days of communicating his/her decision to withdraw.
The parcel must be returned by Colissimo with proof of dispatch to the following address: SODOPAC-AIRPLUM, Lieu-dit Puybégout, 24300 AUGIGNAC.
Customers returning the Product within this period are entitled to a refund of the price of the Product ordered, with the cost of return at the Customer’s expense, as stipulated in red on the payment page when the order is placed.
Products returned at the invoiced price will be reimbursed using the same means of payment used to pay for the order. Reimbursement will be made within fourteen (14) days following receipt of the Customer’s notification of his decision to withdraw, SODOPAC reserving the right to defer reimbursement until the Customer has recovered the Product or proof of shipment of the Products, the date being the earlier of these events.
As an exception, article L.221-28 of the French Consumer Code states that “The right of withdrawal cannot be exercised for contracts: […] 3° For the supply of goods made to the consumer’s specifications or clearly personalized […]”. In this respect, Products that have benefited from a personalization service cannot be returned.
ARTICLE 10. RETURNS POLICY
Any exchange or return must be stipulated in the “My account” section of the www.airplum.fr website or by a handwritten note attached to the returned model, indicating the choice of model desired in exchange or the request for reimbursement of the returned product.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed as new, accompanied if possible by the delivery note.
Damaged, worn, soiled or incomplete products cannot be returned.
Procedure
To request the return of products ordered on the site, please follow the steps below:
- Go to your www.airplum.fr customer account by clicking on your name in the top right-hand corner of the site.
- On the home page of your account, click on the “My returns” tab.
Select the order containing the product you wish to return. - Select the product(s) you wish to return.
- Enter the reason for your return and validate.
Once the return request has been made, you can check the status of the return on your account. You will be notified of the decision by e-mail or telephone as appropriate.
For the return of orders delivered abroad, the Customer must hand over the parcel to the chosen carrier or postal service. It is preferable to keep a proof of shipment of the parcel, as it remains the customer’s responsibility until it arrives in our warehouses. If the parcel is lost in transit, the customer will be provided with proof of shipment.
ARTICLE 11. CONFORMITY - WARRANTY
The Customer must ensure that the Products delivered correspond to the Order.
In the event that the items delivered do not comply with the order, the Customer is invited to inform the Site’s Customer Service Department and return the Product(s) in question in accordance with the conditions set out in Article VIII of these general terms and conditions of sale. Notwithstanding the specific warranty conditions given to the Customer with the delivered Product, the Products presented on the Site are subject to the following warranty conditions:
Warranty of conformity for individual customers
In accordance with the appendix to articles L217-3 et seq. of the French Consumer Code, the legal guarantee of conformity allows the customer who has received a good that does not conform to the contract or has defects in conformity, to benefit from a period of two (2) years from delivery of the good to take action. This warranty allows the customer to choose between repair or replacement.
The texts of the Consumer Code referred to above are reproduced below:
Appendix D212-2 of the Consumer Code in force since October 1, 2022 :
Consumers have a period of two years from the date of delivery of the goods in which to invoke the legal warranty of conformity in the event of a defect in conformity. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.
Where the contract for the sale of goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty applies to this digital content or digital service throughout the period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service, and not the date of its appearance.
The legal warranty of conformity obliges the professional, where applicable, to provide all updates necessary to maintain the conformity of the good.
The legal guarantee of conformity gives the consumer the right to repair or replace the good within thirty days of his request, at no cost and without any major inconvenience to him.
If the good is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.
If the consumer asks for the good to be repaired, but the seller requires it to be replaced, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good.
The consumer may obtain a reduction in the purchase price by retaining the good or terminate the contract by obtaining a full refund against return of the good, if :
1° The trader refuses to repair or replace the good;
2° The goods are repaired or replaced within thirty days ;
3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the cost of taking back or removing the non-conforming good, or if he bears the cost of installing the repaired or replacement good;
4° The non-conformity of the property persists despite the seller’s unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a reduction in the price of the goods, or to rescission of the contract, if the lack of conformity is so serious as to justify immediate price reduction or rescission of the contract. In this case, the consumer is not obliged to request repair or replacement of the goods beforehand.
The consumer is not entitled to rescind the sale if the lack of conformity is minor.
Any period during which the product is immobilized for repair or replacement suspends the remaining warranty period until delivery of the repaired product.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).
The consumer also benefits from the legal warranty for hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the holder to a price reduction if the item is kept or to a full refund in exchange for the return of the item.
Article L.217-4 of the French Consumer Code:
“The good conforms to the contract if it meets the following criteria, where applicable:
1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic specified in the contract;
2° It is fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and accepted by the latter;
3° It is delivered with all accessories and installation instructions, to be supplied in accordance with the contract;
4° It is updated in accordance with the contract.
Hidden defects warranty
In accordance with Articles 1641 et seq. of the French Civil Code, the warranty for latent defects allows the Customer to choose between rescission of the sale, which implies that the Customer returns the good and that SODOPAC reimburses the amount paid, or reduction of the sale price, which means that the Customer keeps the good but is partially reimbursed by SODOPAC. The customer has a period of two (2) years from the discovery of the defect to take action.
The texts of the above-mentioned Civil Code are reproduced below:
Article 1641 of the French Civil Code
“The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that 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.
Article 1648 of the Civil Code, paragraph 1:
“The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
Remedying the consequences of the hidden defect, once it has been proven, is at the customer’s option, unless this would entail a manifestly disproportionate cost compared to the other option:
- or repair the item,
- replacement or refund,
In the case of a refund request, the Customer will be reimbursed after appraisal of the Product and within 30 days of receipt by SODOPAC.
ARTICLE 12. COMPLAINTS - MEDIATION FOR INDIVIDUAL CUSTOMERS
The customer may have recourse to conventional mediation, in particular with the Commission d’évaluation et de contrôle de la médiation de la consommation or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
The list of consumer mediators is available at the following address:
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.
This platform can be accessed via the following link:
https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR
For any information, complaint or question relating to the conditions of mail-order sales set up by SODOPAC and in particular to the Site or to the Products themselves, the Customer should contact the Site’s Customer Service Department by e-mail using the contact form, or by telephone on 05.53.56.47.78 (call not surcharged), quoting the order number where appropriate.
Telephone details must be provided when the customer account is created and will be used for the smooth dispatch of the parcel.
In accordance with the law of March 17, 2014, you can register on the opposition list for telephone canvassing at www.bloctel.gouv.fr . Registration is free of charge, and the opposition list applies to all professionals except those with whom we have an ongoing contract.
ARTICLE 13. PERSONAL DATA - PRIVACY
SODOPAC attaches great importance to the protection of personal data.
In accordance with the applicable Regulations and in particular the European Data Protection Regulation (known as “RGPD”), SODOPAC has set up an electronic file that records certain personal data relating to their Customers in order to manage their Orders, ensure the follow-up of customer relations and send them commercial information and solicitations. Some of the information transmitted and/or collected also enables us to get to know the customer better, and thus to improve and personalize our services.
Customers have the right to access, delete and rectify their personal data at any time, as provided for by law, and may exercise this right as follows:
- by modifying personal information in the “My Account” area of the website,
- by contacting customer service and requesting modification or deletion of customer data,
- or by sending a request by post to the following address: SODOPAC-AIRPLUM lieu-dit Puybégout, 24300 AUGIGNAC.
Depending on the choices made when creating or consulting their account, customers may agree to receive commercial offers from boutique@airplum.fr or be informed of special operations by any means (sms and/or email in particular).
If the Customer no longer wishes to receive these offers, he/she may request to do so at any time by clicking on an electronic unsubscribe link available on e-mails, stop sms for this purpose, or by modifying his/her account settings directly on the Website.
ARTICLE 14. RESPONSIBILITY
The Customer is responsible for the use of the Products.
The Customer declares that he/she is aware that certain Products marketed by SODOPAC cannot be used outdoors. The conditions of use of the products are indicated on the product sheets. No claim will be accepted if the product has not been used in accordance with the instructions given on the site.
ARTICLE 15. INTELLECTUAL PROPERTY
All elements published on the Website, such as sounds, images, photographs, videos, writings, animations, programs, graphics, databases, software and other underlying technology are protected by the provisions of the French Intellectual Property Code and belong to SODOPAC or, where applicable, have been duly licensed to them. The “AIRPLUM” trademark is and will remain the exclusive property of SODOPAC.
Any total or partial reproduction, modification or use of this trademark, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of SODOPAC, is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logotype or, more generally, any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs and patents owned by SODOPAC.
SODOPAC prohibits any deep hypertext link to the www.airplum.fr website or any hypertext link using a transclusion technique. Any user wishing to place a simple link directly to the Site’s home page on his or her personal website must first request express authorization from SODOPAC.
ARTICLE 16. FORCE MAJEURE
SODOPAC’s performance of all or part of its obligations will be suspended in the event of a fortuitous event or force majeure that hinders or delays performance. Such events include, but are not limited to, war, fire, flooding, total or partial strikes, WHO-recognized pandemics, company closures, impediments to travel, wilful damage, theft, changes in regulations, inability to obtain raw materials, energy supply disruptions, malfunctions or interruptions of electrical or telecommunications networks.
SODOPAC shall inform the Customer of any such fortuitous event or force majeure within seven days of its occurrence.
Should this suspension continue beyond a period of fifteen days, the individual Customer will then have the option of cancelling the order in progress, and will be reimbursed in accordance with the conditions set out in article L 216-3 of the French Consumer Code.
ARTICLE 17. PARTIAL DISABILITY
Should one or more provisions of these general terms and conditions of sale be deemed unlawful or invalid, such invalidity shall not entail the invalidity of the other provisions of these terms and conditions.
ARTICLE 18. CONVENTION ON PROOF
It is expressly agreed that the Parties may communicate with each other electronically or by telephone via the Site’s Customer Service, for the purposes of these general terms and conditions of sale. Technical security measures are in place to ensure the confidentiality of data exchanged.
The parties 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.
ARTICLE 19. ORDER STORAGE AND ARCHIVING
Purchase orders and invoices are archived on a reliable and durable medium in such a way as to correspond to a faithful and durable copy in accordance with article 1348 of the French Civil Code.
ARTICLE 20. DISPUTES - APPLICABLE LAW - COMPETENT JURISDICTION
These terms and conditions of sale are governed by French law. Only the French version of these terms and conditions is binding.
Individual customers
In the event of a dispute with a Customer relating to the Order and these General Terms and Conditions of Sale, the competent court may be that of the defendant’s place of residence or that of the place of delivery of the Products.
In accordance with the regulations in force, the customer may also bring an action before the court of his place of residence.
APPENDICES
CANCELLATION FORM
Pursuant to articles L. 221-5 to L. 221-10 and L. 221-18 to L. 221-28 of the French Consumer Code.
CONDITIONS
- complete and sign this form ;
- send it by registered letter with acknowledgement of receipt ;
- use the following address SODOPAC-AIRPLUM lieu-dit Puybégout, 24300 AUGIGNAC
- dispatch it no later than the fourteenth day from the date of receipt of the product or, if this period normally expires on a Saturday, Sunday or public holiday, on the first working day.
