We use cookies to make your experience better. To comply with the new e-Privacy directive, we need to ask for your consent to set the cookies. Learn more.
Français.
Deutsch.GENERAL TERMS AND CONDITIONS OF SALE
1. SELLER'S IDENTIFICATION
ROBUR is a "société anonyme" governed by the French law and having its registered office at 54 avenue de l’Industrie, 69140 RILLEUX-LA-PAPE, FRANCE, registered with the French trade and companies’ register under number 957 502 131 and having a share capital of EUR 810,000. Its SIRET Number is 957 502 131 000 31and its EU VAT Number is FR09 957502131.
2. SCOPE OF APPLICATION AND ACCEPTANCE OF THE GENERAL TERMS ET CONDITIONS
The present terms and conditions of sale ("Terms and Conditions of Sale") are applicable to distance sales contracts concluded between ROBUR and any end consumer ("the Consumer"). An end consumer is any natural person or corporation, with the exclusion of all resellers or intermediaries acting on behalf of resellers, who acts for purposes that are not part of his commercial, industrial, artisanal or liberal activity.
The purchase of any Products offered on the www.robur.com website (hereafter known as the “Site”) is subject to these Terms and Conditions of Sale.
ROBUR may update these Terms and Conditions of Sale at any time. In such case , you can view the applicable version of the Terms and Conditions of Sale at any time by clicking on the corresponding hyperlink on the Site. The Terms and Conditions of Sale applicable at the time of entering into the contract of sale are those which are binding on you.
For each purchase of Products on the Site, you will be requested to confirm your acceptance of the current Terms and Conditions of Sale applicable at the date of your order. The said terms and conditions may be viewed prior to and at the moment when you are prompted to confirm that you accept them. To indicate your acceptance, you will need to check the relevant box.
The nullity of a clause of the Terms and Conditions of Sale shall not entail the nullity of another clause or of the Terms and Conditions of Sale in its entirety.
The temporary or permanent non-application of one or more clauses of the Terms and Conditions of Sale by ROBUR cannot be a waiver of the other clauses of the Terms and Conditions of Sale that continue to have effect.
3. PRODUCTS
3.1. Products comply with the requirements of French law in force at the time of their placing on the market.
3.2. Photography and texts copied and illustrating the Products on offer are not contractually binding. In particular, colors of the fabric may vary from dye lot to dye lot and monitor screen may not represent true color.
3.3. Products are offered and delivered within the limits of available stocks.
Our Product offers and prices are valid as long as they remain visible on the Site, subject to availability. Exceptionally, errors or changes may occur, especially in cases of simultaneous orders of the same Product by several customers. If a Product is unavailable after ordering, you will be informed of such unavailability as soon as possible. You will then be presented with the choice to order an alternative Product from the Site or to cancel your order .
ROBUR shall not be liable if Products are out of stock or unavailable for orders that have not yet been accepted by ROBUR.
4. ORDERS
4.1. The Site may be used to order a selection of ROBUR's Products, directly online via the Internet for delivery to the UK, Monaco, Germany, Luxembourg, Spain (excluding the Canary Islands), Portugal (excluding Azores Island and Madeira), Italy, Czech Republic, Finland, Denmark, Sweden, Norway, Switzerland and Tunisia (see Section 7.1. below).
The Site does not allow the placing of special orders that notably consist in the creation of a product that does not exist or is no longer in the ROBUR's catalogue, or the adaptation or customization of a Product from ROBUR's catalogue. These Terms and Conditions of Sale therefore do not apply to special orders. For any special orders, please contact our Customer Service by 04 37 85 08 00.
4.2. Ordering Procedure
4.2.1. Steps to conclude the contract
To place an order, you have to fill your virtual basket indicating the selected products and the desired quantities, then click on the "Proceed to checkout” button and provide the information relating to the delivery and the payment method.
Before clicking on the "Confirm order" button, you have the opportunity to check the details of your order and its total price and to return to previous pages to correct any errors or possibly to modify your order.
The confirmation of the order entails acceptance of the Terms and Conditions of Sale and forms the contract.
An email acknowledging receipt of the order and its payment is sent by ROBUR as soon as possible.
4.2.2. Change of order
Any modification of order by the Consumer after confirmation of his order is subject to the acceptance of ROBUR.
ROBUR reserves the right to make changes to the ordered product that are related to technical developments under the conditions provided for in Article R. 212-4 of the French Consumer Code.
4.2.3. Validation of the order
ROBUR reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for buyers who are consumers, or if the order is placed by a Consumer with whom it has a dispute concerning a prior order, or if ROBUR has reasonable cause to suspect that such customer has violated these Terms and Conditions, or is engaged in any fraudulent activity, or on any other legitimate grounds.
5. PRICE – PAYMENT
5.1. PRICE
5.1.1. The prices of the Products are quoted in EUROS, inclusive of taxes and excluding shipping costs (see Section 5.1.2. below). Except in the cases of reimbursement issued i) within the context of exercising the right of withdrawal (see Section 8 below) or ii) due to lack of conformity and latent defects (see Section 9 below), ROBUR will not reimburse the VAT applied on the purchases made on the Site (even in the event where the Consumer, after receipt of the Products, re-exports them to a country located outside the European Union).
For the delivery outside EUROPEAN UNION, the prices of the Products are quoted in EUROS, excluding taxes and shipping costs.
ROBUR reserves the rights to amend the prices of the Products on the Site at any time and without any prior notice. Products are invoiced on the basis of a price list posted on the Site at the time of the order, subject to the availability of the Products ordered at this time.
5.1.2. Shipping costs.
Shipping costs are calculated in a lump sum according to the delivery area of the order. For the delivery in Switzerland, shipping costs are set at CHF 20 exluding tax . For the delivery in Tunisia, shipping costs are set at EUR 30 excluding tax. For the delivery in any other area as defined in Section 7.1 below, shipping costs are set at EUR 20 excluding tax.
5.2. PAYMENT
5.2.1. You must pay for any order placed on this Site immediately upon placing the order.
ROBUR accepts the following debit and credit cards: MasterCard®, Visa®, American Express®. Your order will only be processed and accepted after verification of your payment method and receipt of debit authorization from your card.
5.2.2. Late payment and Failure to pay
Any amount not paid at the due date is productive, without notice, of interest at the legal rate.
In case of non-payment or refusal of authorization of payment per bank card on behalf of the officially accredited organizations, ROBUR reserves the right to resolve the contract and keep as compensation, if applicable, the amount already paid.
6. TITLE RETENTION
The Products ordered remain the property of ROBUR until full and valid payment for the Products.
However, you assume the risks (in particular regarding loss, theft or damage) relating to the Products from the moment they are delivered to the address specified when placing your order.
7. DELIVERY
7.1. Shipping Method
Products purchased on the Site can be shipped only to UK, Monaco, Germany, Luxembourg, Spain (excluding the Canary Islands), Portugal (excluding Azores Island and Madeira), Italy, Czech Republic, Finland, Denmark, Sweden, Norway, Switzerland and Tunisia (hereinafter the "Delivery Area").
Orders cannot be placed for delivery addresses situated outside this Delivery Area.
The Products will be shipped to the delivery address specified when placing your order.
7.2. Time Required for Delivery
The delivery times below are counted from the time of approval of your order by ROBUR.
At the beginning of the ordering process, you will be provides with the timeframe required for delivery available for the purchased Products and country of delivery. The price of shipping will be due in addition to the price of the purchased Products.
The average delivery times vary from 3 to 9 days depending on destination.
7.3. Delivery problems
Any failure to deliver, late delivery, unavailability or delay in availability of your products, as stated in Section 7.2 above, should be reported as soon as possible. No claims received more than thirty (30) calendar days from the date of confirmation of your order will be taken into account.
In the event of failure to observe the delivery time, you can cancel the order by email or by registered post to the following address : : Robur 54 avenue de l’Industrie, 69140 RILLEUX-LA-PAPE, France.
ROBUR will be bound to reimburse you the full amount paid, at the latest (30) days of the date of the termination of the contract. However, if you receive the Product after having exercised this right, you must return it in accordance with the return procedure indicated in Section 8 below.
If you are absent at the time of the delivery, at the address you have indicated, a notice of passage is deposited in the mailbox: it is then possible to collect the parcel from the office mentioned on the notice within 10 days after receiving this notice. In case of exceeding the above deadlines, the package will be sent back to ROBUR. ROBUR will then contact you for a possible reshipment and without any reply from you within a reasonable time, will make a refund after deduction of the amount of any costs incurred for the return of the product.
7.4. Conformity of delivered products
You have to check in the presence of the deliveryman the condition of the delivered product and, in case of damage or missing items, to make reserves on the delivery note or on the transport receipt, and possibly to refuse the product and notify ROBUR.
If the Product does not comply with the order, you must address a claim to ROBUR to obtain the replacement of the product or possibly the resolution of the sale.
7.5. Delivery and transfer of risk
The risk of loss or damage to product is transferred to you at the moment when you or a third party you have designated takes physically possession of the product, without distinction according to its nature.
The Product, which is delivered to you by a carrier chosen by ROBUR, travels at the risk and peril of ROBUR .
7.6. Transfer of ownership
From the delivery date indicated in the order form, the ownership of the Product is transferred to you, except in the case where the full payment of the price has not been cashed on the order (see Section 6 above).
8. RIGHT OF WITHDRAWAL – RETURNS, EXCHANGES AND REFUNDS
8.1. Pursuant to Article L.221-18 of the French Consumer Code, the Consumer has a period of fourteen (14) days to exercise, on all or part of his order, his right of withdrawal, without having to justify motive or pay penalties.
The withdrawal period of fourteen (14) days runs from the day the Consumer, or a third party designated by the Consumer (other than the carrier), physically takes possession of the Product. If an order covers several products delivered separately, the period runs from the receipt of the last product delivered. When the withdrawal period of fourteen (14) days expires on a Saturday, Sunday or a holiday, it is extended until the next business day.
8.2. To exercise your right of withdrawal, you may proceed as follows :
- go to the Site on which you bought the Product with your delivery order and fill out the withdrawal form online,
- or notify to the company ROBUR SA, located at 54 avenue de l’Industrie, 69140 RILLEUX-LA-PAPE, FRANCE 04 37 85 08 08, your decision to retract this contract by means of a declaration without ambiguity.
In both cases, you may use the withdrawal form provided by ROBUR but this is not mandatory.
8.3. If you use your right of withdrawal, the return of the products must be made within fourteen (14) days after the communication of the exercise of the right of withdrawal. When the fourteen (14) day period expires on a Saturday, Sunday or holiday, it is extended until the next business day. The products must then be sent, in their original packaging, in perfect condition and accompanied by all accessories and possible notices with the indication of the agreement number of return to the following address : Robur 54 avenue de l’Industrie, 69140 RILLEUX-LA-PAPE, France.
The Consumer bears the shipping costs of the return of the Products, which travels at the risk and peril of ROBUR.
Any product that is incomplete, damaged, dirty or has been subjected to abnormal use other than a simple test will not be taken back and will not be refunded. The responsibility of the Consumer will be engaged in case of depreciation of the products resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of the Products.
8.4. The totality of the sums paid by the Consumer including the expenses of delivery (with the exception of the additional expenses resulting from the choice of the Consumer of a mode of delivery other than the less expensive mode of standard delivery proposed by ROBUR) is then reimbursed by ROBUR.
8.5. Such refund will be issued, in compliance with the legislation, within fourteen (14) days of either (i) receipt of proof of dispatch of the Product(s), or (ii) receipt of the Product(s), where the date of the earlier event shall prevail. The refund, including the standard shipping costs of the initial order, will then be issued via the same payment method used for the order.
8.6. Reimbursement shall be made using the same means of payment as used in the original transaction, unless the Consumer expressly agrees otherwise. In any case, this refund will not cause any costs for the Consumer.
9. LEGAL GUARANTEES
Products sold by ROBUR are subject to the terms of legal guarantees laid down in Articles L217-4 to L217-14 of the French Consumer Code, as well as in Articles 1641 to 1648 of the Civil Code, to the exclusion of any other guarantees.
ROBUR cannot be held responsible for any damages whatsoever resulting, directly or indirectly, from a failure to follow the maintenance instructions, including but not limited to the washing instructions.
9.1. Legal guarantee of conformity:
ROBUR will deliver a Product that is consistent with the sales contract and free from any defects upon delivery of said Product, in that the Product will be fit for the use normally expected of a similar product and will present the characteristics outlined at the time of sale. ROBUR is also accountable for any defects resulting from packaging, assembly instructions or installation when this was assigned to it by the contract or was carried out under its responsibility. This guarantee only comes into effect on the condition that the request is made within a period of two years from the delivery of the goods. Any defects which appear within twenty-four (24) months of delivery are presumed to have existed at the time of delivery, unless proven otherwise.
You can choose between the repair and the replacement of the Product unless one of these options leads to a manifestly disproportionate cost for ROBUR.
If it is not possible to repair or replace the Product, you can be refunded for the price paid and return the Product, or keep the Product and receive a refund for part of the cost, unless the defect is minor. The return, replacement or refund of the Product will be at no cost to you and does not preclude the possible allocation of damages in the event you are entitled to these.
9.2. Warrantee against latent defects:
The Product provided by ROBUR will be free of any latent defects that may render it unfit for its intended use, or diminish this use to the extent that you would not have purchased it, or would have paid a lower price if you had known. This warranty will only apply if you make the request within two (2) years of discovering the defect.
In the event of a latent defect, you can choose to return the Product and receive a refund for the price and costs arising from the purchase, or keep the Product and receive a refund for part of the price. In all cases, it is your responsibility to prove that you fulfil the warranty conditions.
In the event of defects and latent defects, Products should be returned to the following address: : Robur, 54 avenue de l’Industrie, 69140 RILLEUX-LA-PAPE, France.
10. LIMITATION OF LIABILITY
Under no circumstances may ROBUR be held liable for any damage not resulting from a failure on the part of ROBUR to comply with one of its obligations.
11. SECURITY AND PERSONAL DATA
Personal data collected is only intended for ROBUR. They are the subject of a computer processing necessary for the processing of the order and the management of relations with you.
In accordance with French Law No. 78-17 of January 6, 1978, you have at any time a right to oppose, access, modification, rectification and deletion of your personal data. To exercise this right, you must contact ROBUR, located at 54 avenue de l’Industrie, 69140 RILLEUX-LA-PAPE, FRANCE.
The personal data collected by ROBUR can also be used in the context of direct marketing operations carried out by mail, SMS, MMS or email after your prior consent. However, ROBUR may use such personal data directly in marketing operations relating to similar Products. You may object to the use of your personal data for marketing purposes, as soon as they are collected, or later by writing to ROBUR at the aforementioned address.
12. INTELLECTUAL PROPERTY
All materials featured on the Site (drawings designs, models, illustrations, images, texts, logos, trademarks…) are the exclusive property of ROBUR. You may not reproduce, by any means or process, totally or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such materials contained on the Site.
The "ROBUR" trademark and the logo, whether or not registered, displayed on the Site, as well as the domain name "robur.com", are and will remain the exclusive property of ROBUR.
Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose whatsoever without prior and express agreement of ROBUR is prohibited.
You may not remove any copyright, trademark or other intellectual proprietary right contained on the Site or any content contained therein. You may make a single copy of web pages published on the Site for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright and other intellectual proprietary right contained therein.
13. GOVERNING LAW – DISPUTES
These Terms and Conditions of Sale are subject to French law.
In the event of a dispute, you have the option of using a conventional mediation procedure or any other alternative method of settling disputes.
In the event of a dispute, you may go to the Online Dispute Resolution platform set up by the European Commission at https://ec.europa.eu/consumers/odr/ in order to undertake a contractual conciliation procedure or any other alternative method of dispute resolution.
In the event of legal action, any dispute relating to the interpretation and/or the performance of these Terms and Conditions of Sale will fall under the jurisdiction of the LYON courts (FRANCE).
However, neither party may be held liable for the total or partial failure to perform his/her/its obligations, if such non-performance is due to unforeseeable circumstances or the occurrence of an event constituting force majeure, as defined by the jurisprudence of the courts, including, but not limited to flood, fire, storm, the lack of raw materials, total or partial transport or postal service strikes.
In such a case, the parties agree that they must consult each other as quickly as possible to determine the arrangements for fulfilling the order if the force majeure case lasts more than one month.
Should any of the provisions be cancelled or deemed not binding on the customer by a court decision, all of the other provisions of these General Conditions of Sale will remain in force.