General Terms and Conditions of Sale (CGV)
CGV – General Sales Conditions of SAS RODHOUSE, publisher of the WWW.EDGERODS-EUROPE.COM website
CGV - ARTICLE 1 : PARTIES
These CGV (general terms and conditions) apply between :
46 Rue Iluric – ZA de Kerollaire 56370 SARZEAU
N° SIREN 528 691 306
SIRET N° 528 691 306 00039
Publisher of the site www.edgerods-europe.com
President : Goulven DOLLE
CNIL declaration on 24/01/2011
Hosting company : Hostinger International Ltd
With a capital of 10000 € whose head office is in SARZEAU. Registered in the VANNES trade and company register under number 2010 B 828. Hereafter referred to as RODHOUSE and on the other hand, by any individual or legal entity wishing to make a purchase via the EDGE RODS EUROPE website, referred to as the « buyer ».
Any Internet user can read the General Terms and Conditions of Sale (CGV) on the website or on request.
CGV - ARTICLE 2 : SCOPE OF APPLICATION
Firstly, the buyer declares to be at least eighteen years old and to have the legal capacity or to be the holder of an authorisation allowing him/her to commit himself/herself to the present general conditions of sale, and thus to place an order on the site.
However, the present conditions (cgv) aim to define the modalities of remote sale, of the order, payment and delivery. They regulate the necessary steps of the order and ensure the follow-up of this order between the contracting parties. This contract governs the relationship between the two parties.
Acquisition of a good through this site implies an unconditional acceptance by the buyer of these terms and conditions of sale (CGV).
These terms and conditions will prevail over any other conditions not expressly agreed by RODHOUSE SAS, except in the case of prior, express and written derogation.
RODHOUSE SAS reserves the right to modify its terms and conditions of sale (GTC) at any time, hence the need to read the present general terms and conditions of sale on each new visit to the site. In this case, the conditions applicable will be those in force on the date of the order by the buyer.
CGV - ARTICLE 3 : CHARACTERISTICS OF THE GOODS OFFERED
Products offered are those listed in the catalogue published on the Edge Rods Europe website. We offer these products while stocks last. This paragraph does not apply to price promotions and price reductions. Any such offer will be in accordance with :
- article L310 and following of the commercial code and following
- Order 77-105/P of 2 September 1977 on price advertising to the consumer
A description drawn up by the supplier accompanies each product. Supplier’s documentation is freely available to the buyer.
Pictures in the catalogue are as accurate as possible. They cannot ensure a perfect similarity with the product offered, particularly with regard to colours, or guides finition. Products remain the property of RODHOUSE SAS until full payment has been received by RODHOUSE SAS.
If the buyer wishes to acquire a product in order to achieve a coordination or compatibility with a product already in his possession, this need must be clearly explained, as RODHOUSE SAS cannot be held responsible for compatibility difficulties that could not be anticipated.
CGV - ARTICLE 4 : PRICES
The prices of the products of RODHOUSE SAS are indicated in Euros, including all French taxes, but excluding the costs of processing and shipping. RODHOUSE SAS reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the prices in force at the time of the registration of the orders.
CGV - ARTICLE 5: ORDERING
Any order placed on the site must correspond to the normal needs of a household. The buyer, who wishes to buy a product, must obligatorily:
- Fill in the identification form on which he will indicate all the requested details or give his customer number if he has one
- Fill in the online order form giving all the references of the chosen products
- validate the order after having checked it
- Make the payment in accordance with the conditions provided
- Confirm the order and payment
Confirmation of the order implies acceptance of these terms and conditions of sale (cgv). They attest to having perfect knowledge of them and renunciation to prevail themselves of their own conditions of purchase or other conditions. All the data provided and the recorded confirmation will be considered as proof of the transaction. The confirmation will be considered as a signature and acceptance of the operations carried out. RODHOUSE SAS will send confirmation of the registered order by e-mail. The buyer can modify his order until the date of dispatch of the articles and correct any input errors that may have remained.
Edge Rods Europe cannot be held responsible for any input errors and the consequences thereof. In this context, the costs incurred for the reshipment of the order will be charged to the buyer.
CGV - ARTICLE 6: TERMS OF PAYMENT
The price is payable at the time of ordering. Available payments are: credit card, check, direct debit, paypal.
In the case of payment by credit card:
Bank cards issued by banks domiciled outside France must be international bank cards. Payments use the secure system STRIPE and PAYPAL. These service providers use the SSL (Secure Socket Layer) protocol. The software used encrypts the information transmitted. No third party can gain knowledge of it during transport on the network. Shipment of the products triggers the debiting of the buyer’s account.
In the case of payment by cheque:
Banks domiciled in France or Monaco are the only ones for which payment by cheque is available. The receipt of the cheque triggers its cashing. Cheque must be made out to RODHOUSE SAS. Delivery address is :
46 Rue Iluric – ZA de Kerollaire
In accordance with the legal provisions, in the event of late payment of the price, RODHOUSE SAS reserves the right to claim interest for late payment calculated on the basis of the legal rate applicable from the day of the summons to pay.
CGV - ARTICLE 7: SECURING PAYMENT
In order to ensure the security of payments, RODHOUSE SAS uses the secure payment service offered by STRIPE and PAYPAL. This service integrates the SSL security standard. The confidential data (the 16-digit credit card number, the expiry date and the cryptogram) are directly transmitted encrypted without passing through the servers of RODHOUSE SAS
Provision of the credit card number and the validation of the order constitute proof of the order. Validation of the order confirms the sum committed. This validation is equivalent to a signature and express acceptance of all operations carried out on the site.
CGV - ARTICLE 8: CUSTOMS DUTIES
Possible taxes and customs duties may apply to any order delivered outside France. Any such costs associated with the delivery of an article are the responsibility of the buyer.
RODHOUSE SAS is not responsible for informing the buyer of the applicable customs duties and taxes. The buyer must therefore contact the competent authorities in his country.
CGV - ARTICLE 9: AVAILABILITY
The product and price offers of RODHOUSE SAS are valid as long as they are visible on the website, within the limits of available stocks (except during periods of price promotions and price reductions). For products that are not stocked in the RODHOUSE SAS warehouse, the offers are valid subject to availability at the suppliers of RODHOUSE SAS.
Placing of the order by the buyer provides information on the availability of the products. This information comes directly from the suppliers, therefore errors or changes may occur. In application of article L121-20-3 of the consumer code, in the event that a product is unavailable after the order has been placed, the buyer will be informed by e-mail as soon as the information is received from the supplier. The cancellation of the order will result in a refund to the buyer’s bank account.
In the case of payment by cheque, in the event of the unavailability of all or part of the order, the reimbursement will be made, at the discretion of RODHOUSE SAS, by crediting the buyer’s bank account or by cheque at the latest within thirty days of the payment of the amounts paid.
CGV - ARTICLE 10: DELIVERY
The order form indicates the delivery address. Detailed invoice shows the amount of VAT. This address determines the amount of shipping costs. Method of calculating the delivery costs is based on :
- The mode of transport
- The number of items
- The weight
- The total amount of the order.
RODHOUSE SAS delivers your orders throughout the European Union. Non-exhaustive list of countries served:
- Spain (excluding Canary Islands, Ceuta and Melilla)
- France (excluding DOM TOM)
- United Kingdom (excluding Channel Islands)
Due to higher delivery costs in some EU countries, delivery of orders may be subject to an additional charge. If the user resides outside the above mentioned delivery areas and wishes to have the goods delivered abroad, the buyer can contact RODHOUSE SAS by email to obtain information about the shipping costs.
RODHOUSE SAS undertakes to inform the buyer before the conclusion of the agreement of the deadline for delivery or service. In the event of a delay of more than seven days, we request a registered letter with acknowledgement of receipt. We will refund payments within thirty days. Rodhouse SAS makes every effort to meet the delivery deadlines indicated on the website. A delay in delivery or part of a collision caused by a third party within the framework of a transport contract or by the failure of the driver or by an unforeseeable and insurmountable cause considered as force majeure are not the responsibility of RODHOUSE SAS.
Possible problems with deliveries
In the event that a parcel is not received on time, the buyer can notify RODHOUSE SAS via the customer service department. Carrier will receive a request from us. This can take up to twenty-one days from the opening date. The initial address indicated in the contract will be the destination of the products collected. Post Office will consider it as lost if it is not found at the end of the period. In this case, the buyer will be reimbursed the amount paid.
The investigation period blocks any request for refund or return.
The conformity of the delivered products must be checked upon receipt of the order. If necessary, indicate on the delivery note, accompanied by a signature, any anomaly concerning them.
In the case of payment by cheque, its receipt leads to the payment of the order. The deadlines applicable in this case are those on the day of receipt of the cheque. Thus, at the time of placing the order, a modification of the deadlines may have taken place.
CGV - ARTICLE 11: RIGHT OF WITHDRAWAL AND RETURN
Buyers have a fourteen-day cooling-off period. This period begins with the delivery of the order. The products must be returned to RODHOUSE SAS. Once this period has been respected, the buyer will be entitled to an exchange or refund without penalty.
For any return of goods, the buyer must first contact the customer service of RODHOUSE by email or telephone (not surcharged). The buyer should return the goods by his own means.
In addition, upon receipt of the parcel by RODHOUSE SAS, an email will be sent to inform the buyer of the refund procedure. Buyer will receive a refund by bank transfer. The amount of the refund is equal to the price of the article and the price of the initial delivery. Consumer is responsible for return shipping costs in accordance with article L. 121-20 of the French Consumer Code. EDGE RODS EUROPE will refund the buyer within 10 working days. Furthermore, this refund will be made by personal cheque made out to the buyer and to the address provided.
Please note: RODHOUSE SAS does not take back incomplete, worn, damaged or soiled products.
In accordance with Order No. 2001-741 of 23 August 2001 and Article L121-20-2 of the Consumer Code, this period is not applicable, in particular
- The supply of services whose performance has begun, with the consumer’s agreement, before the end of the seven clear days’ period;
- The supply of goods or services whose price depends on fluctuations in financial market rates;
- The supply of goods made to the consumer’s specifications or clearly personalised or which, because of their nature, cannot be returned or are likely to deteriorate or expire rapidly;
- The supply of audio or video recordings or computer software when they have been unsealed by the consumer;
- The supply of newspapers, periodicals or magazines; Authorised betting or lottery services ».
Buyer shall be deemed to have been informed of the existence of a right of withdrawal, but also of the above-mentioned limitations, by accepting these general terms and conditions of sale (gcv).
The costs of returning the goods are to be borne by the buyer if the goods delivered are in conformity with the order.
Returned item must not be worn and must not have suffered any damage.
Shipping costs of a parcel without postage will be deducted from the amount to be credited to you. In case of abusive returns or threats to RODHOUSE staff, RODHOUSE reserves the right to refuse a further order.
CGV - ARTICLE 12: WARRANTY AND AFTER-SALES SERVICE
In accordance with the consumer code (Art L.217-7 to L,217-14) and the civil code (Art 1641 to 1649 of the civil code), the purchase of a fishing rod is guaranteed against any defect of conformity or hidden defect over a period of 2 years.
-Normal product wear
-Damage caused by improper use.
-Defect of maintenance
-Damage caused by the use of unsuitable materials
-Incident following modifications made to the rod.
A rod that has a structural defect will break very quickly, from the first uses. This is why we pay particular attention to breakages that occur within 6 months of the purchase date. Less than 5% of rod breakages are due to product defects. The vast majority of incidents are due to bad uses, wrong transport or bad storage. Here are some examples of improper use that are not covered under warranty:
-Crush in the car door
-Crushing when walking on it
-Shock in the blank.
-Breakage following a hang at the bottom of the water or in the trees which generates an overload. -Wrong fight angles
-Lure too heavy / unsuitable braid or filament.
-Exessive reel drag
Rod breakage occurring during the first 6 months following the date of purchase, respecting appropriate use, is 100% covered under warranty. In the event of accidental breakage during these first 6 months (eg car door), a commercial gesture of 50% is offered to the customer to buy back the broken item.
For breakages occurring between 6 and 12 months after the date of purchase, a commercial gesture of 40% is offered to the customer to buy back the broken item, regardless of the reason.
For breakages occurring between 12 and 24 months after the date of purchase, a commercial gesture of 35% is offered to the customer to buy back the broken item, regardless of the reason.
How do I request warranty support?
Send by email firstname.lastname@example.org the invoice or the order number +3 pics. A wide view photo where we see the broken rod with all the elements. A photo where we see the reference of the cane. A photo with a close-up of the broken part. Explain precisely how the cane broke.
The talks between Edge Rods and the customer is done by email to have a written record.
These warranty conditions apply for all European countries and cover the initial purchaser. They do not apply in the event of resale. Edge rods reserves the right to revise these terms of business without notice.
CGV - ARTICLE 13: LIABILITY
RODHOUSE is only bound by an obligation of means in the online sales process and cannot be held liable for any damage resulting from the use of the Internet, such as loss of data, intrusion, viruses, service interruptions or other involuntary problems. The company is not liable for any failure to fulfil its contractual obligations in the event of force majeure and in general for any event that prevents the proper execution of orders.
In the case of professional purchases, RODHOUSE SAS is not liable for any indirect damage, loss of profit, loss of opportunity, damage or costs that may occur as a result of the purchase of the products.
We declines all responsibility in the event that the article delivered does not comply with the legislation of the country of delivery other than France.
Edge Rods Europe undertakes to take all the care in use in the profession for the implementation of the service offered to the customers. Nevertheless, RODHOUSE SAS cannot be held responsible for
- In the event that RODHOUSE SAS fails to fulfil its contractual obligations due to force majeure.
- In case of force majeure as defined by the jurisprudence of the French courts.
- In the event of a delay due to the supplier being out of stock.
CGV - ARTICLE 14: RETENTION OF TITLE
All elements of the Edge Rods Europe website are and will remain the exclusive intellectual property of RODHOUSE SAS.
The elements of the website are the property of RODHOUSE SAS. An explicit agreement is required in order to use them. Furthermore, criminal proceedings will be instituted in the event of the use of these elements, whether they are software, visual or sound.
EDGE RODS EUROPE thus authorises non-merchant, associative and participative websites and media to use the media available on its website www.edgerods-europe.com, provided that this is not for commercial purposes and that the original sources are expressly mentioned.
Authorised links can be removed by simple request from RODHOUSE SAS.
CGV - ARTICLE 15: PERSONAL DATA
In accordance with the law relating to data processing, files and freedoms of 6 January 1978, information of a personal nature relating to buyers may be subject to automated processing. The processing of nominative information collected on the site has been declared to the Commission Nationale de l’Informatique et des Libertés.
RODHOUSE SAS reserves the right to collect information about the purchasers, including by using cookies, and, if it so wishes, to transmit the information collected to commercial partners.
NB: A cookie does not allow RODHOUSE SAS to identify the buyer. On the other hand, it records information about the buyer’s computer’s navigation on the RODHOUSE SAS website. It is possible to configure the browser so that cookies are not effective. The purchasers can object to the disclosure of their details by notifying RODHOUSE SAS. Similarly, users have the right to access and rectify data concerning them. This right is in accordance with the law relating to information technology, files and freedom of 6 January 1978.
CGV - ARTICLE 16: COMPLETENESS
In the event that one of the clauses of this contract is null and void due to a change in legislation, regulations or a court decision, this shall in no way affect the validity of and compliance with these general conditions of sale.
CGV - ARTICLE 17: DURATION
These terms and conditions (GTC) apply for the duration of the online services offered by RODHOUSE SAS.
CGV - ARTICLE 18: ARCHIVING-PROOFING
RODHOUSE SAS will archive the order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of article 1348 of the civil code.
The computerised registers of RODHOUSE SAS will be considered by the parties as proof of the communications, orders, payments and transactions between the parties.
CGV - ARTICLE 19: COMMERCIAL LINKS
Edge Rods Europe may include commercial links on the various pages of its website. RODHOUSE SAS is not responsible for the content or the functioning of these sites, nor for any damage or injury of any kind suffered by the buyer as a result of visiting these sites.
CGV - ARTICLE 20: SETTLEMENT OF DISPUTES
French law governs these terms and conditions of online sale (cgv).
The exclusion of any recourse to the courts following a dispute to the present contract is possible upon mutual agreement.
Establishment of arbitration :
- The party wishing to submit a dispute to arbitration shall inform the other party by registered letter indicating the subject of the dispute;
- Each party shall, within one month, designate the arbitrator it has chosen and notify the other by registered letter;
- If a party does not choose its arbitrator within the above-mentioned time limit, the other party may refer the matter to the President of the Commercial Court of the jurisdiction in which X’s registered office is located with a view to the appointment of this arbitrator;
- In the event of a tie, the arbitrators shall appoint a third arbitrator. In the event of a tie, the arbitrators shall appoint a third arbitrator. If no agreement is reached, the third arbitrator shall be appointed at the request of the most diligent party by the President of the Commercial Court of the jurisdiction in which the registered office of X is located;
- The arbitration award shall be final and binding on both parties.
Thus, in the event of a dispute, and in the absence of an amicable agreement between the parties, jurisdiction is attributed to the competent courts, notwithstanding the plurality of claimants or the introduction of a guarantee.
In the event that the customer is not a French resident, disputes relating to the commercial relationship with RODHOUSE SAS will be subject to the exclusive jurisdiction of the French courts.
RODHOUSE SAS would like to point out that customer satisfaction is one of its commitments. We favour amicable solutions, from the first contact with the buyer.
CGV - ARTICLE 21: CREDIT NOTES AND GIFT VOUCHERS
The credit notes and gift vouchers offered by Rodhouse are valid for 1 year.
Gift vouchers and credits can be used in one go. It is not possible to divide the gift voucher over several orders in time.
CGV source : rodhouse CGV