1 – Presentation of products and services supplied

The products and services are those contained in the catalogue published on the Rairies Montrieux website, hereinafter referred to as the Site. These goods and services are sold subject to availability. Each product comes with a description provided by the manufacturer or the supplier.

The photographs and all information contained in the catalogue are as accurate as possible but may not be perfectly identical to the product published on the Rairies Montrieux site.

2 – Scope of application

These terms and conditions are intended to set out the contractual relations between the company Rairies Montrieux, SAS with a capital of 1,000,000 euros, whose head office is located at Route de Fougeré – 49430 LES RAIRIES RCS Saumur 666 680 111, and the Customer as well as the terms and conditions applicable to any purchase made through the Site, whether the Customer is trade or public. These terms and conditions take precedence over all other general or specific terms that are not expressly agreed to by the Site. The Vendor reserves the right to alter these conditions of sale at any time. In this event, the applicable conditions shall be those in effect at the time of order by the Buyer.

3 – Acceptance of the Terms and Conditions

The acquisition of goods or services via the aforementioned website implies the Buyer’s unreserved acceptance of the terms and conditions herein.

4 – Access to the site and services provided

In order to access the online Ordering service, the Customer agrees:

to provide information about themself which is accurate, up to date and complete as requested in the “customer account” set-up form on the Site and
to maintain and regularly update the registration data via the Site in order to keep it correct, accurate, up to date and complete. Should the Customer provide false, inaccurate, outdated or incomplete information, the Site shall be entitled to suspend or cancel the Customer’s Order and to deny them access, immediately and in the future, to all or part of the Ordering service. Where applicable, the password created by the Customer when setting up their “customer account” and their username (the Customer’s email address) are their Identification Details. These Identification Details, which enable the Customer to log in and place Orders on the Site, are individual to the Customer, who undertakes not to disclose them and to keep them confidential. The Customer shall remain solely responsible for any use which may be made of their “customer account” by any third party who may access their Identification Details as a result of their actions.
  Access to sales requires the buyer to provide their personal data. This data collected by the vendor is necessary for processing the order and for managing the vendor’s business relations with its customers. It is secure, confidential and is not, nor will be, used for any third-party commercial purpose. In accordance with Law no. 78-17 of 6 January 1978 on data protection, the consumer has the right to access and rectify any personal data concerning them.

  The Site reserves the right to suspend the Order and/or the “customer account” in the event of use of the Identification Details by any person other than the Customer, or simultaneous use of the Customer’s own Identification Details by multiple people, until the situation has been resolved. In the event of a breach of these Terms and Conditions, Rairies Montrieux reserves the right to suspend any Order immediately and automatically without any right to compensation and without legal formalities. This includes but is not limited to any instance of hacking, use or attempted use of data in breach of laws or regulations such as gaining access to a computer system, altering its content or committing any of the offences punishable under Articles 323-1 to 323-7 of the Penal Code.

5 – Ordering and pricing

Orders placed on the site are considered final. They may only be reimbursed or cancelled under the circumstances provided for in Articles 7, 10.3 and 11 below. These provisions are applicable to all Products and Services sold via the Site.

5.1 - Procedure

Customers may only order online via the Site www.rairies.com.

The Customer certifies that they are fully authorised to use their bank card to pay for their order and that this means of payment gives access to sufficient funds to cover all costs resulting from use of the Site’s services.

After having confirmed the content of their Order, the Customer shall finalise it by making the payment. After having accepted these terms and conditions when concluding the order, this order shall only be deemed final once the corresponding price has been paid. The Site shall systematically confirm each Customer’s order and its dispatch by email.

5.2 – Finalisation

Finalisation of the order by the Customer implies acceptance of these Terms and Conditions. Unless otherwise proven, the data saved by the Site shall constitute proof of concluded transactions. The Site shall send confirmation of the order to the Customer as quickly as possible and in all cases within a few days of the order by email, letter or fax. This shall contain essential details such as the names of the products and services ordered as well as the price, quantity and expected date of availability. In this respect, it is the responsibility of the Customer to ensure that the contact details they provided when placing their order are correct and will enable them to receive confirmation of the order. Should the Customer not receive this confirmation, it is their responsibility to contact the Site. The Site may not be held liable under any circumstances if the Customer does not receive confirmation of the order due to an error on their part when entering their contact details.

6 - Conformity of products

6.1 - Information sheet

The information provided on each product datasheet was prepared by the manufacturer or provided to the Site by the suppliers from whom the products or services were acquired.

6.2 - Non-compliance

In the event of non-compliance of the product or service delivered to the Customer, the Customer may return it to the Site at the address provided on the website.

The Customer may then make one of the following requests to the Site:

to be sent a product or service identical to the one ordered, subject to stock availability;
to be sent a product or service of equal quality and price, subject to stock availability; or
to be reimbursed for the price of the product or service ordered within 30 days of the Customer’s request.
The costs of returning the product ordered and delivered to the Customer, as well as any delivery of another product, shall be borne by the Site.

6.3 - Right of cancellation

In any event, these provisions shall not prevent the Customer from exercising their right of cancellation, as provided for under Article 11 of these Terms and Conditions.

7 - Price validity period/Product availability

7.1 - Procedures

The price of each product or service including all taxes is stated in the corresponding product or service datasheet. The prices stated when ordering the Product are valid, subject to any obvious errors in pricing. In this case, Rairies Montrieux reserves the right to cancel the sale. Payments already made shall be reimbursed immediately. The shipping charges for the Customer’s order shall be displayed to them before final confirmation of the order. Furthermore, once the order has been confirmed, the prices and charges will remain accessible in the “My Account” area of the Site.

For deliveries and services outside France, the customer must contact the manufacturer directly via the site or by sending an email to contact@montrieux.com.

The Site reserves the right to change its prices at any time, but products will be billed to the Customer based on the rates in effect on the date that the order was placed.

7.2 - Product unavailability

In the event of a Product being temporarily unavailable due to shortage of stock occurring after the order has been placed, a notification email will be sent to the Customer to inform them of the expected delivery date, provided that the Customer has given their email address when placing the order.

The manufacturer or our suppliers may potentially discontinue production of the Products and Services offered. In the event of discontinuation of production, a new Product or Service of equal or higher quality shall be offered by way of replacement. However, it is possible that the Product or Service offered by way of replacement may be of a higher value than the original Product or Service. In this case, the Customer may choose to accept this replacement Product or Service or request a refund.

8 – Payment

8.1 – Procedures

Payment of purchases is to be made by means of a bank card or cheque.

Payment with a bank card:

The following bank cards are currently accepted: CB (banking card), Visa and MasterCard.

The card will be debited immediately after confirmation of the order.

The order will be considered effective after confirmation of approval from the bank payment centre.

In accordance with applicable regulations and to ensure the security and confidentiality of their information, the Site does not store the bank details of its Customers.

It is therefore up to the Customer to save and print their payment confirmation if they wish to retain their bank details and information related to the transaction.

Payment with French checks:

The customer may make their payment via a cheque addressed to the head office of Rairies Montrieux, Route de Fougeré, 49430 LES RAIRIES.

The order will be considered effective after bank confirmation

Delivery will only be made after the cheque has been received and cleared.

8.2 – IT and technical security

To ensure the security of the payment and the confidentiality of the Customer’s bank details, the transaction shall be processed by a bank operator in SSL mode.

The Site never has access to confidential information on payment methods.

8.3 – Discounts, rebates and deductions

In accordance with the provisions of Article L. 441-6 of the Code of Commerce, no discounts, rebates, deductions or remunerations may be granted without special agreement being given by the Parties.

For the purposes of its marketing operations, Rairies Montrieux may offer promotional prices as part of its “special deals” for a period decided by Rairies Montrieux.

9 – Delivery

9.1 - Time and cost

The Site shall make every effort to ensure that the Products ordered by the Customer are delivered within five (5) to twenty-five (25) working days on average from the confirmation of the order.

The abovementioned delivery times are applicable to shipping within continental mainland France and may be increased by 10 (ten) working days for orders placed during the month of December and 10 (ten) working days for orders with destinations which are difficult to access, such as mountainous areas or offshore islands in the Atlantic Ocean, the English Channel or the Mediterranean Sea.

These delivery charges vary based on the characteristics of the parcel (weight and volume) and the delivery address.

In order for missing deliveries or damage suffered during transportation to be taken into account, the Customer, or their Beneficiary where applicable, must record any defects or damage observed on the carrier’s slip after unpacking and checking the goods in the presence of the delivery person. They must then confirm these defects or damage within three days maximum by sending a registered letter with acknowledgement of receipt to the carrier as well as a copy to the Vendor, RAIRIES MONTRIEUX, Route de Fougeré 49430, LES RAIRIES.

In accordance with Article L. 133-3 of the Code of Commerce, any reservations not brought to the attention of the carrier and the Supplier following the abovementioned procedures shall deprive the Customer of any claim relating to damage occurring during transportation.

On the date of delivery, the Customer must ensure the availability of a person authorised to receive the deliveries and, where applicable, the capacity of the delivery location to house large packages or those delivered on pallets. Packages are delivered to the front door and for insurance reasons cannot be delivered to upper floors.

Should the package not be received, the Customer has two months from placing the order to file a complaint. After this deadline, the postal service and the carriers will not accept any search inquiries. The Site may not be held liable for any theft, destruction, damage or fraud which may occur after delivery. Products and/or Services lost or stolen after delivery shall not be exchanged or reimbursed under any circumstances.

Should a package be returned as the result of an incorrect address or an absent Customer, additional postal charges related to a second dispatch shall be borne by the Customer. Additional handling costs related to a second dispatch shall also be charged at a rate of €50 excluding VAT per return processed.

Since delivery times mentioned on any document provided to the Customer are for information purposes only, any failure to meet these delivery times may not under any circumstances provide entitlement to damages. However, in the event of a delay of more than 40 days after the delivery date provided to the Customer, provided that the delivery is not currently in progress, the Customer shall be entitled to cancel their order by sending an email to the Site’s customer service department. They shall then be reimbursed for the sums already paid to the Site in relation to this order within 30 days.

9.2 - Terms of delivery

It is the Customer’s responsibility to take all appropriate steps to ensure the delivery and unloading is in compliance with accessibility and safety requirements, enabling the carrier used by Rairies Montrieux to perform their service in accordance with regulations and best practices.

Due to the specific configuration of certain products (size, weight, etc.), the Customer must ensure before finalising their order that all conditions are in place to enable them to receive their order in complete compliance and that they have taken into account all their constraints, such as, for example, the ability of lorries to gain access.

The Customer has the option to provide any information they feel may be useful to the carrier to help them identify the delivery site, the name of a contact and so forth by filling in the “Delivery information” field when selecting their delivery address.

It is the Customer’s responsibility under all circumstances to be present when the order is delivered to ensure that the delivery can take place under optimal conditions and to check the status of the order.

Deliveries shall be made to the boundary of the property on the footpath, roadside, foot of the building or front door, externally and without additional handling.

For safety and insurance reasons, unloading is the responsibility of the Rairies Montrieux carrier and must never be performed by the Customer. Failure to comply shall render them liable and remove their entitlement to any claim for damage caused to the package.

9.3 - Conformity of delivery

Once your order has been placed and paid for, your product will be sent. We suggest you open and check your package in front of the delivery person. If the delivery person is unwilling to wait, note this on the delivery slip. If the film wrapper is damaged or the parcel shows even the smallest defect or tear, you must refuse to accept the delivery and provide precise details of your reservations on the delivery slip. Similarly, once the package has been opened in the presence of the delivery person, check your order in full, as you may notice that despite the packaging being intact, the product is broken or not compliant with the order. You should refuse to accept the product in the same way, noting defects on the delivery slip.

9.4 - Procedures

The Site has selected logistics service providers who, according to the type of order, will optimise carrier selection in compliance with quality specifications in order to provide a cost-effective and high-quality delivery service.

9.5 - Late or missing delivery

The Customer has the right to cancel their order if it has not been delivered within 40 working days from the delivery date specified by the Site, except when this late delivery is due to force majeure as established in case law by the French courts.

The Site will request its bank to reimburse the Customer within 30 working days of the Customer’s cancellation request.

9.6 - Partial delivery

The Customer shall be informed by email of any partial delivery of their order. A second email shall inform them of delivery of the other products and/or services ordered.

9.7 - Delivery has been carried out

Each delivery is deemed to have been completed as soon as the product has been provided to the Customer, specifically by the carrier, as recorded on a delivery slip or in the management system used by the carrier, such as the “So Colissimo” delivery tracking system available via the La Poste website for deliveries in France.

If no reservations are stated on the delivery slip, www.rairies.com cannot commit to taking back the product in question since your signature confirms that you have accepted a “compliant delivery”. If you have stated reservations on the delivery slip and refused to accept your package, please contact our customer service department via our form within 24 hours to notify us of your refusal. You will be contacted by this department in order to begin the procedure for reimbursement or delivery of a new product.

Without prejudice to the period within which the Customer is entitled to exercise their right of cancellation as set out in Article 11 below, it is up to the Customer to check deliveries on arrival and to state any reservations or complaints which may seem necessary or even to refuse to accept the parcel if it appears to have been opened or shows obvious signs of damage. Any such reservations or complaints must be forwarded to the carrier by registered letter with acknowledgement of receipt within three working days of delivery of the products, a copy of which shall be sent to the Site immediately.

9.8 - Transfer of risks

Delivery completed and recorded as specified above implies transfer to the Customer of risks related to the delivered products.

10 – Right of cancellation

10.1 - Scope

With regard to the goods and/or services sold via the Site, apart from the exceptions listed below, Customers have the right to cancel orders and return their product(s) and/or service(s) within fourteen (14) clear days of the date of delivery in accordance with the provisions of Article L 121-20 of the Consumer Code.

If this deadline ends on a Saturday, Sunday, public holiday or non-working day, it shall be extended to the next working day.

Nonetheless, certain products and services set out in Article L.121-20-2 of the Consumer Code may not entitle the Customer to the right of cancellation. The products or services in question are always designated as such to Customers in the technical datasheets before the finalisation of the sale. This applies in particular to

products which have been manufactured according to the Customer’s specifications or significantly customised.

10.2 - Procedures

To exercise this right, the individual Customer must send a registered letter with acknowledgement of receipt to the Customer Service Department of the Site at the address indicated on the website by the aforementioned deadline and, where applicable, return the products in their original packaging with acknowledgement of receipt to the Customer Service Department of the Site at no extra cost with the exception of the return charges which shall be borne by the Customer.

The Customer shall be reimbursed by any means of payment within thirty days of receipt by the Site of the Customer’s request to exercise their right of cancellation, provided that the product or service has been returned to the Site.

11 -Returning products in the event of non-compliance or exercising the right of cancellation

In order to fully benefit from the terms of Article 6, “Compliance” and those of Article 10, “Right of Cancellation”, the Customer must return the product or service to the Site after informing the Customer Service Department which will forward the return procedure.

The returned product must be:

properly protected in its original packaging in perfect condition for resale (i.e. no damage, deterioration or soiling) and be accompanied by any accessories, user manuals or documentation it came with;
accompanied by the sales invoice for Customer identification (order no., surname, first name, address); and
not show any clear evidence that the product or service has been deployed, or in other words provided that the products do not show any sign of use and are in such condition as to enable their resale.

12 – Warranties

The Products distributed by the Site benefit from manufacturers’ warranties with the invoice or delivery slip serving as proof of purchase. It is expressly agreed upon that any use of the Products which is abnormal or incompatible with their intended purpose or any non-compliance with user guides by the Customer shall deprive the Customer of the abovementioned warranty. It should also be noted that the warranty does not apply to damage to the Product resulting from an external cause (e.g. impact, exposure to frost, etc.), from any use not compliant with the user guide or from the use of incompatible accessories. Some manufacturers require Products to be returned in their original packaging with all their accessories and related documentation.

13 – Liability

The Site undertakes to provide its services in compliance with best professional practices and procedures. It is bound by a general obligation of means unless otherwise legally specified.

The Site may not be held liable if the Customer fails to comply, in whole or in part, with the Terms and Conditions, nor in the event of an unforeseeable act by a third party or in the event of force majeure.

It is expressly agreed upon that the total amount of compensation or damages the Site may be required to pay to the Customer due to a failing or breach on its part (excluding any breach by a third-party supplier) shall be limited to the amounts of orders placed and paid to the Site by the Customer during the month preceding formal notification to the Site.

14 - Archiving - Proof

The Site shall archive purchase orders and invoices in a reliable and long-lasting format constituting a faithful copy in accordance with the provisions of Article 1348 of the Civil Code. The Site’s computerised records shall be considered by the parties as proof of any communication, orders, payments and transactions taking place between the parties.

15 – Transfer

The Site reserves the right to transfer these terms and conditions to any successor or third party, including by way of transfer, lease management, merger, consolidation, restructuring, etc.

16 – Modification/Development

The Site reserves the right to modify these Terms and Conditions.

Any new version thereof shall be reported in advance on the first page of the section.

Customers who do not wish for contractual relations to be governed by the new version of the Terms and Conditions applicable to any new order must provide notification thereof and, as of the date on which the new version comes into effect, cease using the Site’s services.

17 - Integral nature

Should one of the clauses of these Terms and Conditions become void and/or obsolete due to a change in legislation or regulations or a legal ruling, this shall not in any way affect the validity of or compliance with the other provisions of these Terms and Conditions, provided that the financial balance of the Contract has not been called into question.

18 - Term

These Terms and Conditions are valid as of 1 January 2017.

They supersede all previous versions.

19 – Intellectual property

The company Rairies Montrieux is the owner of the domain name www.rairies.com. The Site is a creative work protected by intellectual property laws. The Site as a whole and all the elements of which it is composed (such as texts, tree structures, software, animations, photographs, illustrations, diagrams and logos) are the exclusive property of the Company which is solely authorised to use the intellectual property rights related thereto.

The Site also benefits from rights to the content distributed, specifically that of suppliers.

Use of all or part of the Site, in particular by downloading, reproducing, transmitting, representing or distributing it, for purposes other than your own personal and private use in a non-commercial manner is strictly prohibited. Any violation of these provisions shall expose you to the sanctions provided for under both the Intellectual Property Code and the Penal Code, in particular with regard to copyright and trademark infringement, as well as under the Civil Code with regard to civil liability.

Brands and domain names, as well as any designs and models shown on the Site, are the exclusive property of the Company. Hypertext links to the Site may only be created with prior written authorisation from the Company, and this authorisation may be revoked at any time.

Not all sites which have a hypertext link to the Site are under the control of the Company. The Company therefore shall not be held liable (particularly regarding editorial liability) when it comes to the access and content of such sites.

The Company is free to modify the content of the Site at any time and without prior notice.

Each Party is and shall remain sole owner of the intellectual or industrial property rights relating to the brands and logos it uses for the purposes of its activity.

20 - Data Protection Act

In accordance with the Data Protection Act of 6 January 1978, personal information relating to buyers may undergo automated processing. Buyers may object to disclosure of their details by informing the Site thereof. Similarly, users have a right to access and rectify any personal data concerning them in accordance with the Law of 6 January 1978. The automated processing of information, including the management of email addresses of the website’s users, was declared to the French Data Protection Authority (CNIL) on 13 May 2013 and registered with this authority under number ?????.

21 – Applicable law and court jurisdiction

Any legal dispute which may arise in relation to the interpretation and/or fulfilment of these Terms and Conditions and which cannot be resolved amicably between the parties within a period of two months shall be brought before the courts holding jurisdiction for the head office of RAIRIES MONTRIEUX.

The period of limitation applicable to actions brought within the framework of these Terms and Conditions is set at two (2) years.

Privacy protection

In accordance with the Data Protection Act of 6 January 1978, you have the right to contact the company Rairies Montrieux SAS in order to access, rectify or object to the use of any data concerning you. You may exercise this right by emailing

• us at contact@rairies.com or
• by sending a letter to: Rairies Montrieux SAS - Route de Fougeré - 49430 Les Rairies

FranceThe processing of information sent over the Site has been declared and registered with the French Data Protection Authority (CNIL) under number ???????

Finally, registration on the site www.rairies.com implies acceptance of the Terms and Conditions, and the User therefore agrees to receive offers by email of at most one per day.

It should be noted that all emails sent by www.rairies.com:

• include an unsubscribe link; and
• link back to the individual account which can be used to manage your subscriptions.
• Personal data (e.g. address, email and telephone number) may be transmitted to third parties, specifically to ensure the delivery of orders.

Finally, the Rairies Montrieux.com website uses the technology known as cookies (text files saved on your hard drive). The data collected is necessary for processing and managing your orders.