I. General

1.1. The Riffaud website, whose address is https://riffaud.eu (the “Website”), is an e-commerce platform managed by Pierre Riffaud (“Riffaud” and/or “we”), a sole trader registered in the Limoges Trade and Companies Register under number 311 313 258, whose head office is located in Boisseuil, France. Intracommunity VAT number: FR 21311313258. You can reach Pierre Riffaud on +33 6 61 36 80 81 or by email at pierre@riffaud.eu.

1.2. The Website is hosted by OVH

1.3. These general terms and conditions of sale (the “GTCS”) create a contract between the customer (“Customer” and/or “you”) and Riffaud. The Customer is a final consumer, a natural person (and not a company) who purchases Riffaud products and accessories (the “Product(s)”) for any use other than professional use, resale or distribution. Any purchase for professional use, resale or distribution is strictly forbidden. Any person who does not fall within the definition of Customer should contact Pierre Riffaud for further information on the purchase of Product(s) by legal entities.

1.4. We recommend that you read these terms and conditions carefully before ordering from the Riffaud Products website. By placing an order on our Website, you agree to be contractually bound to Pierre Riffaud and to submit to the provisions of these GTC. Pierre Riffaud reserves the right to modify these GCS at any time and at its sole discretion. The modified provisions of the GCS will take effect on the date of the “Last Update” indicated at the bottom of this page and will apply to any new offer or order placed, regardless of the previous relationship between Riffaud and the Customer. Subject to proof to the contrary, the data recorded on the Website establishes proof of all transactions between Riffaud and the Customer.

II. Website orders and payment

Place an order.

2.1. Orders are placed on our website.

2.2. Pierre Riffaud only accepts orders for delivery in the countries in which Riffaud sells on its Website. The list of eligible countries is subject to change by Pierre Riffaud. Orders to countries not included in this list cannot be honored by Pierre Riffaud at this time.

2.3. The Customer must check that the details of his order and the prices mentioned are correct when validating his basket. Once the order has been placed, it cannot be modified and the Customer is responsible for it. Riffaud will then send the Customer an electronic confirmation of the order to the e-mail address indicated when the order was placed (the “Order Confirmation”). The Order Confirmation confirms receipt of the order by Riffaud, but not its acceptance. Riffaud reserves the right to accept or refuse an order, after it has been placed, at any time and for any reason, including but not limited to the reasons mentioned below.

2.4. Pierre Riffaud reserves the right to modify the price of Products at any time and to correct any pricing errors. Where the price displayed on the Website for a Product is incorrect, Pierre Riffaud reserves the right to refuse or cancel orders for said Product, even if the Customer has received an Order Confirmation and/or payment for the order has been made. If you have paid for your order at the wrong price and your order has been cancelled, Pierre Riffaud will refund you the amount of the price paid.

2.5. If the customer provides incorrect information when placing an order, delays in order processing are to be expected. Pierre Riffaud will in no way be held responsible for any delay caused by the Customer. Pierre Riffaud also reserves the right to cancel or refuse any invalid or incomplete order (for example: invalid or missing e-mail address and/or billing or postal address, lack of essential information), in the event of the Customer’s insolvency or if there have already been payment problems or disputes with the Customer. In this case, an e-mail notifying the cancellation or refusal of the order will be sent to the Customer.

Product availability and fraud control.

2.6. The Customer acknowledges that the Products offered for sale on the Web Site are subject to availability.

2.7. In the event that a Product is unavailable, Pierre Riffaud undertakes to make every effort to inform the Customer before the Order Confirmation is received.

2.8. To prevent fraud, Pierre Riffaud reserves the right to (i) request additional information from a Customer and/or (ii) to reduce an abnormally high quantity of Products ordered.

Online payment.

2.9. Various secure payment methods are available for the purchase of Products available on the Website, depending on the geographical zone where you order your Product. The list of different payment methods may be modified at any time by Pierre Riffaud. The Customer will only be debited once the order has been received by Pierre Riffaud and the Customer has received the Order Confirmation by e-mail. Pierre Riffaud will not honour any Product order until it has validated and received full payment.

2.10. The prices of the Products shown on the Web Site are quoted in the national currency of the Customer’s country of domicile, inclusive of all taxes. All orders placed online must be paid for in the currency of the country in which the Customer is located and using the authorized means of payment proposed on the Web Site.

III. Delivery and receipt of Products ordered on the Website

3.1. Delivery costs are indicated at the time of ordering. The amount of these charges is communicated to the Customer prior to the order validation stage.

3.2. The delivery dates indicated in the Order Confirmation are for information purposes only and may vary in the event of an event beyond Pierre Riffaud’s control, such as the carrier responsible for delivery or the Customer’s location. If the estimated delivery dates cannot be met, Pierre Riffaud will contact the Customer to propose alternative delivery dates.

3.3. Delivery will be deemed to have been made when the Product is delivered by the carrier, under its sole responsibility, to the address indicated by the Customer. In the event of a problem with the delivery of the parcel, Pierre Riffaud will contact the carrier to carry out an investigation, which may take up to thirty (30) days. After this time, Pierre Riffaud will make a decision, based on the results of the investigation and at his sole discretion.

3.4. If no one is available at the Customer’s address to receive the delivery, the carrier will leave a calling card with instructions for the Customer to reschedule delivery during a specified period or to collect the order from a nearby relay point.

3.5. If the Customer is unable to take delivery of the order during the period during which the parcel is available at a relay point or does not accept a rescheduling of the delivery, Pierre Riffaud reserves the right to cancel the order and consequently to reimburse the Customer and put the Product back on sale.

3.6. Without prejudice to the legal guarantee of the Products resulting from the applicable law, the Customer must verify the conformity of the Product ordered and delivered upon receipt of his order.

3.7. If the Product and/or its packaging is damaged at the time of delivery or if the Product does not conform to the Order Confirmation, it is the sole responsibility of the Customer to refuse delivery and to inform Pierre Riffaud immediately.

3.8. The Customer must check the conformity of the Product within a maximum of five (5) days from the date of receipt and send any complaint to Pierre Riffaud by email: pierre@riffaud.eu

3.9. If the Customer does not refuse delivery of a Product that is damaged, non-conforming or with damaged packaging within five (5) days, a replacement or refund of the Product may only be made at Pierre Riffaud’s sole discretion and may entail additional costs for the Customer.

IV. Retention of title and transfer of risk

Reservation of ownership.

4.1. Unless otherwise stipulated in writing, ownership of the Products sold is transferred to the Customer upon receipt by Pierre Riffaud of payment in full, including any delivery charges and taxes. In the absence of payment of the order by the Customer, Pierre Riffaud reserves the right to take back the Products, at the Customer’s exclusive expense, or to suspend their delivery.

Transfer of risk.

4.2. The transfer of risks relating to the Products to the Customer occurs upon receipt of the Products by the Customer at the address indicated in the Order Confirmation.

V. Right of withdrawal

Time limit for exercising the right of withdrawal.

5.1. In accordance with articles L. 221-18 et seq. of the French Consumer Code, the Customer has a legal right to withdraw within fourteen (14) calendar days from the day following receipt of the Product purchased on the Website. In the case of an order for several Products delivered separately, the period runs from receipt of the last Product by the Customer. If the fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

Conditions for exercising the right of withdrawal.

5.2. To exercise his/her right of withdrawal, the Customer must contact Pierre Riffaud within a maximum of fourteen (14) days following receipt of his/her order.

5.3. In order for the Customer to exercise his right of withdrawal as set out in article 5.1, the Product, together with its packaging and accessories, must be returned in its original packaging. The original packaging includes the original box, the box packaging and the protective cover that were delivered with the Product. If the Product’s serial number or original packaging is missing, or if the Product is damaged, Pierre Riffaud reserves the right to refuse the refund or to reduce the amount.

5.4. If the Customer exercises his/her right of withdrawal for a Product ordered and delivered outside his/her country of residence, he/she will be solely responsible for all return shipping costs, customs duties and various taxes, as well as costs related to damage or loss of the Product. All returns made on the Customer’s initiative must be made after prior acceptance and instructions from Pierre Riffaud and by means of an approved carrier who provides the Customer with a tracking number for the parcel. If the Product is lost or damaged in transit, the Customer must resolve the problem directly with the carrier of their choice. Furthermore, the Customer is responsible for the Product until it has reached Pierre Riffaud.

5.5. In the event that the Customer does not wish to use the carrier proposed by Pierre Riffaud and wishes to organize the return of the Product himself, the following costs will also be borne exclusively by the Customer: shipping costs, charges related to the return, including any customs duties, shipping insurance and costs related to damage or loss of the Product. All returns made on the Customer’s initiative must be made after prior acceptance and instructions from Pierre Riffaud and by means of an approved carrier who provides the Customer with a tracking number for the parcel. If the Product is lost or damaged in transit, the Customer must resolve the problem directly with the authorized carrier of his choice. Furthermore, the Customer is responsible for the Product until it has reached Pierre Riffaud.

5.6. If Pierre Riffaud believes, in good faith and at its sole discretion, that the Customer is likely to be involved in fraudulent activities related to the purchase of a Product, Pierre Riffaud reserves the right to ask the Customer to bear the full cost of returning the Product. Returns must be made in accordance with Pierre Riffaud’s instructions and via an approved carrier who will provide the Customer with a tracking number for the parcel. If the Product is lost or damaged in transit, the Customer must resolve the problem directly with the carrier of their choice. Furthermore, the Customer is responsible for the Product until it has reached Pierre Riffaud.

5.7. A return is complete when Pierre Riffaud receives the Product with the original box, box packaging and protective cover. If Pierre Riffaud receives something other than the Product or if the returned order is empty or contains other items, the return is considered incomplete and Pierre Riffaud will not refund the Customer. It is understood that the Customer is, at all times, responsible for the return of the Product and that Pierre Riffaud and/or its service providers are never responsible for a return that does not include the Product.

5.8. In all cases, the Product must be returned to Pierre Riffaud within fourteen (14) days of the date of the Customer’s request to withdraw and in accordance with the instructions given by Pierre Riffaud.

5.9. Subject to compliance with the conditions set out in this section, Pierre Riffaud will reimburse the Customer for the purchase price of the Product. Refunds will be made by Pierre Riffaud as soon as possible and at the latest within fourteen (14) days of receipt of the Product by Pierre Riffaud. Refunds will be made according to the method of payment used by the Customer at the time of ordering, as indicated in the Order Confirmation, unless Pierre Riffaud and the Customer agree otherwise.

VI. Force Majeure

Pierre Riffaud’s liability is expressly excluded, and Pierre Riffaud cannot be held liable for any failure to fulfil its obligations or any breach of these GTC, in the event of loss, damage or delays suffered by the Customer resulting from causes beyond Pierre Riffaud’s control, such as, in particular and without limitation, cases of force majeure, wars, invasions, insurrections, riots, civil or military wars, floods, fires, natural disasters, explosions, government actions, terrorist threats and acts, national emergencies, revolutions, epidemics, lockouts, strikes and other labor protests, carrier constraints or delays, inability or delay in obtaining adequate and suitable materials, telecommunication failures or power failures.

VII. Warranty

Legal warranty

7.10. Pierre Riffaud remains liable for defects in the conformity of the Product under the conditions set out in Articles L. 217-1 et seq. of the French Consumer Code, as well as for hidden defects in the product sold under the conditions set out in Articles 1641 et seq. of the French Civil Code (the “Legal Warranty”).

7.11. In the event that a Customer becomes aware that a Product purchased online from the Website has a lack of conformity or a hidden defect, the Customer must contact Pierre Riffaud by email.

Appendix to article D. 211-2 of the French Consumer Code

• 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 lack of 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 the good 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 professional 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 when the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. The consumer is then 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 warranty remaining 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 you to a price reduction if the item is kept, or to a full refund in exchange for the return of the item.

VIII. Limitation of Pierre Riffaud’s liability

8.1. Pierre Riffaud shall not be held liable for any loss or damage suffered by the Customer or third parties as a result of improper use of the Products. In all cases, Pierre Riffaud’s liability is limited to (i) reimbursement of the price of the Products, (ii) repair, or (iii) replacement, at Pierre Riffaud’s discretion, provided that the Products are returned to Pierre Riffaud in accordance with the provisions of these GCS. Pierre Riffaud is not liable for any indirect damage suffered by the Customer.

8.2. The Customer’s legal rights are not limited by these GTC. None of these provisions shall limit or exclude Pierre Riffaud’s liability. (i) in the event of death or personal injury caused by the negligence of Pierre Riffaud, (ii) for fraud, (iii) for any breach of its obligations resulting from any legal provision of public order, or (iv) for any cause of liability which cannot be excluded by law.

8.3. Pierre Riffaud is in no way responsible for damages beyond its control, such as services rendered by third parties for the execution of an order (such as the carrier or online payment provider).

8.4. Pierre Riffaud is not responsible for products sold by unauthorized resellers or products considered counterfeit.

IX. Applicable law, Mediation, Jurisdiction

11.1. These GCS are governed by and construed in accordance with French law.

11.2. The customer may also contact the online dispute resolution platform set up by the European Commission at the following address: http: //ec.europa.eu/consumers/odr/

Last update: January 03, 2024