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The company COMINTES, owner of the site www.pergola-ombrea.com (hereafter the Site) and owner of the brand Ombréa®, is registered in the Pontoise trade register under the number RCS 399 834 654. Its postal address is COMINTES, 10 rue Ampère 95500 Gonesse.
The products offered for sale on the site are bioclimatic pergolas and accessories for bioclimatic pergolas.
Unless otherwise expressly agreed in writing by Comintes, sales and services are subject to the following general conditions.
Any order placed for a product listed on the www.pergola-ombrea.com website implies prior consultation and acceptance of these general terms and conditions of sale. The click of validation of the order implies a full acceptance of the present. This click has the value of a "digital signature". Except contrary proof, the computerized registers, recorded and preserved in the computer systems of www.pergola-ombrea.com, in the reasonable conditions of safety are regarded as the proofs of the communications, the orders and the payments occurred between the parts.
Note: the Site reserves the right to cancel or refuse any order from a Customer with whom there is a dispute.
OBJECT
The purpose of these general conditions of sale is to define the rights and obligations of the parties in the context of the online sale of goods offered by the Site to the consumer.
PROTECTION OF PERSONAL DATA
Comintes is committed to protecting the consumer's personal data. All personal data concerning consumers collected by the Site are treated with the strictest confidentiality, in accordance with the CNIL's personal data protection provisions.
Under Law No. 78-17 of January 6, 1978 relating to data, files and freedoms, you have a right to access, consult, modify, rectify and delete data you have provided us.
In accordance with the article L223-2 of the code of consumption: we inform you of your right to register you on the list of opposition to the telephone canvassing (bloctel)
PRODUCTS
Every effort has been made to ensure the accuracy of the information presented on the Site. Nevertheless, we are not responsible for any consequences, incidents, special damages resulting from electronic transmissions or the accuracy of the information transmitted even if we have been informed of the possibility of such damages.
The customer is informed that there may be differences between the photos of the products shown on the site and the products themselves (color, size...). Comintes cannot be held responsible for any errors or omissions in the description or presentation of the products.
Any content displayed (descriptions, prices, promotional offers) may be modified at any time.
PRICES
The prices displayed on the Site are those in effect at the time of the order and include the value added tax, they are displayed all taxes included (TTC) in euros. Prices are subject to change at any time but we undertake to apply the current rates that will have been indicated on the site at the time of your order.
The selling prices of the products include the transport, in the following case: the delivery is free for the products ordered in continental France (except Corsica), in Spain, in Italy, in Belgium and in Luxembourg (except islands). For any delivery on an island or in another country, it is necessary to contact Ombréa®'s customer service so that a delivery estimate can be provided.
You may benefit from promotional offers on certain products: they are always applicable for a specific period and within the limits of available stocks. Promotions granted in the form of a coupon are only valid for one order per household and for a given period of validity, they cannot be combined with other promotional offers.
TERMS AND CONDITIONS OF ORDER
The customer declares to be at least 18 years old and to have the legal capacity or to be holder of a parental authorization allowing him to place an order on the Site.
The buyer who wishes to buy a product must follow the following procedure:
-Acceptance of the general conditions of sale: The validation of the order will be taken into account only after the acceptance of the General Conditions of Sale.
Orders placed on the Site are binding on the customer upon receipt by our customer service of the order and its payment (Article L.221-14 of the Consumer Code: order with payment obligation).
Please note that the order can no longer be modified after it has been shipped or at the latest 24 hours after the order has been placed. In case of cancellation or modification, COMINTES will charge you management fees. These costs will be determined according to the nature of the modifications. They are related to the administrative management of your order or to the transport costs (change of delivery address or return of order).
In the event of a delivery error, all costs incurred by the Site for the reshipment of the order will be entirely at the buyer's expense.
At any time, COMINTES reserves the right to refuse or cancel an order if it considers that you do not respect the pre-established terms or for any other legitimate reason.
In the event of unavailability of one or more products after the order has been placed, we undertake to contact you as soon as possible from the date of your order in order to inform you and to indicate to you how soon this product could be delivered to you or what substitute product currently in stock we can offer you that is at least equivalent to the one ordered. You will be able, if you wish, to cancel the order and a refund will be sent to you within 14 working days.
In case of stock shortage, whatever the reason, we reserve the right to cancel the order. Partial delivery does not constitute cancellation of the order.
PAYMENT
All online payments by credit card are made via the "Secure Socket Layer" security system, which allows the encryption of the consumer's bank details during their transmission over the network. At the time of payment, a logo in the form of a padlock appears to ensure the consumer a safe transaction.
All payments made on the Site are evaluated and controlled by our bank. If the bank considers that there is a risk and refuses to insure a transaction, the Site is able to refuse the customer's order.
Classic payment (cash) :
L’acheteur peut procéder au règlement de sa commande sur le Site par :
- Credit card you will be directed to the secure payment platform Mercanet of BNP Paribas. You will be able to choose your payment method and then you will have to enter your payment information.
- PayPal: a window will open to connect to your Paypal account. You must follow the steps requested.
- Bank transfer: The order will then be reserved for 7 days. After this period, without receipt of the transfer on the account of our company, it will be cancelled. The order will be processed only upon receipt of the bank transfer. Payment by bank transfer extends the processing of an order by 15 days on average.
Payment in 3 instalments :
Comintes offers its customers the Alma credit service for the settlement of their purchases and the execution of the payment. This is subject to the Customer's acceptance of the T&Cs or the credit agreement offered by Alma.
Any refusal by Alma to grant credit for an order may result in the cancellation of the order.
Any termination of the GTC binding the Customer and the Seller entails the termination of the GTC or the credit contract between Alma and the Customer.
Payment in three instalments is available through our partner Alma. The renewal of the instalments is done on the anniversary date of your order. The amount of each installment is proportional to the number of installments, i.e. divided by 3.
The security of the payments is ensured by Alma and its service providers. All payments are protected by 3D Secure.
Purchase amount :
Only purchases between 100 € and 3000€ are eligible for payment with Alma. By paying in several times with Alma, the Customer does not pay any fees.
Alma is a tele-payment manager and delivers an electronic certificate that will be worth proof of the amount and date of the transaction in accordance with the provisions of articles 1316 and following of the civil code.
CONFIRMATION OF ORDER
The contractual information will be confirmed by e-mail to the address indicated by the consumer in the order form. This confirmation mail contains the details of the customer's order, the order number and the delivery terms.
TERMS OF DELIVERY
The delivery of your order is made to the delivery address that you have indicated during the ordering process. Different delivery methods are available on the site: click and collect in Gonesse or home delivery. The choice of the delivery method implies the full acceptance of the general conditions of these delivery methods.
Products ordered in continental France (excluding Corsica), Spain, Italy, Belgium and Luxembourg, excluding islands, will benefit from free delivery, regardless of the amount ordered.
For any delivery on an island or in another country, we ask you to contact Ombréa®'s customer service so that a delivery estimate can be provided.
The delivery address must be accessible by semi-trailer truck, please ensure that the agreed meeting point can accommodate vehicles of more than 38 tons with a minimum width of 3.5M. If a delivery cannot be made for this reason, you may be asked to pay for the delivery by adapted vehicle.
The delivery will be made in front of your gate. The carrier has a maximum of 20 minutes to unload and is not required to drop off the delivery at the specific location on your property that you would like.
The products leave our warehouses in good condition (unless otherwise indicated on the product sheet).
All our deliveries are made by appointment by the carrier only. The carrier will contact you by e-mail or SMS to schedule a delivery appointment. The delivery appointment will be set for a full day (between 8am and 6pm), it will not be possible to know the exact time at which the carrier will come.
Be sure to indicate, when ordering, a valid cell phone number and a valid e-mail and to answer the carrier contact within 7 working days.
If you do not indicate a valid contact person to whom you can be reached and that the delivery cannot be made for this reason or that you are not present at your home during the passage of your carrier at the time of the fixed delivery appointment, a return of the goods will then be carried out by the carrier in our buildings at your expenses. If you wish to maintain your order, a new shipment can be made and will be charged to you on estimate.
If you do not respond to the contact via e-mail or SMS from the carrier for an appointment for the delivery of your order within 7 working days from the receipt of the SMS or e-mail, a return of the goods will then be made by the carrier in our premises and a new shipment, if you wish to maintain your order, you will be charged on estimate.
The delivery times indicated are exclusive of weekends and public holidays (Monday to Friday). The delivery times indicated in the documents issued by COMINTES are purely indicative.
The delivery time starts from the date of validation of the payment by our services, subject to its acceptance, or upon receipt of the transfer.
In the case of an order of products having different delivery times, the totality of the order will be delivered on the basis of the longest time.
Some of our products are stored in several different warehouses. In some cases you may receive 2 different deliveries, it will not be possible to combine them.
The delivery is deemed to be made when the package is delivered to the delivery address indicated on the order form.
For any product damaged during transport and not reported on the receipt, (art. L.133.3 of the Commercial Code), you must within 3 calendar days send a registered letter with acknowledgment of receipt to the delivery center in charge of your delivery (address indicated on your delivery receipt) and send us the certificate by mail via the contact form available on our website within 3 calendar days (excluding holidays) indicating the damage carrier found on your order.
Any claim formulated after signature of the transport voucher and not being the object of a registered letter with acknowledgement of receipt to the carriers with a copy sent to our services within the legal time limit of 3 calendar days as from the reception of the product (art. L.133.3 of the commercial code) will be systematically rejected and we will be in the incapacity to exchange or refund you the product.
In the event of a delay in delivery or, failing that, no later than 30 days after the conclusion of the contract, the consumer may break the contract by registered letter with acknowledgement of receipt.
As with any shipment, it is possible to suffer a delay or that the product gets lost. In such a case, the Site contacts the carrier to start an investigation. All efforts are made, as long as necessary, to find the package. If necessary, the merchant will be reimbursed by the carrier and will deliver a new identical parcel at his expense.
The Site declines any responsibility as for the lengthening of the delivery periods because of the conveyor, in particular in the event of loss of the products, of bad weather or strike. No penalty will be due in the event of events or circumstances occurring after the conclusion of the sale and preventing its execution under normal conditions for the Comintes company. This will be the case in particular in the event of fire, work stoppage of any kind, social conflict, flooding, war, requisition, carrier strike, pandemic etc. ...
When you receive the package(s), we ask you to check the contents with the help of the nomenclature in the assembly instructions. In case of missing parts or anomalies, you must make a request, within 30 days of delivery, on the SAV site : https://sav.comintes.com
Requests made after 30 days from the date of delivery concerning a damaged or missing part will not be considered under the warranty. In case of request, only an estimate will be established.
Pick up in store
At the time of your order, you can choose to withdraw the ordered product in the warehouse of the company located at 10 rue Ampère 95500 Gonesse. The withdrawals are made from Monday to Thursday from 8:30 am to 12:30 pm and from 1 pm to 4 pm and on Friday from 8:30 am to 12:30 pm and from 1 pm to 3 pm (except public holidays). It is mandatory to make an appointment 48 hours before your visit at 01 34 07 99 06. It is necessary to foresee a suitable vehicle and to take note of the dimensions of the parcels beforehand, available on the product description page.
On the day of the collection of the parcel, it will be necessary to come to 10 rue Ampère, 95550 Gonesse, France at the time of the appointment taken beforehand, with an identity card, the order form and the proof of payment which will have been sent by e-mail. The COMINTES factory store can refuse to deliver a product in case of doubt about the identity of a customer.
Any delivery of a product will give place to the emission of a delivery order in two copies signed by you, the customer. You must keep a copy of the delivery order.
The return of a product from a pick-up at the factory store in Gonesse is completely at your expense. You will be the only one responsible for the product as from the signature of the delivery order.
Use of the promotional code CLICKANDCOLLECT
The Click and Collect option will allow you to benefit from a 100 € discount on your order. To do this, you can use the promotional code "CLICKANDCOLLECT" which is only valid for collection from our warehouse in Gonesse. If you use this code for another delivery method, you will be charged to reimburse us the amount due within 5 working days. In case of non-reimbursement, the company COMINTES may take legal action.
For more information concerning the conditions of delivery, we ask you to refer to Delivery page
WITHDRAWAL PERIOD
The consumer has a period of 14 days (Article L221-18 of the Consumer Code) to exercise his right of withdrawal without having to justify reasons and without penalties, except, where appropriate, the cost of return (Article L. 121-20). This period runs from the day of receipt of the consumer's order.
Only products returned in their entirety, in their original packaging, complete, intact and in perfect condition for resale will be accepted. Any product which will have been damaged, or whose original packing will have been deteriorated, will be neither refunded, nor taken back, nor exchanged. This right of withdrawal is exercised without penalty, with the exception of shipping and return costs.
In the event of the exercise of the right of withdrawal, the consumer has the choice of requesting either a refund of the sums paid, or the exchange of the product. In the case of an exchange, the reshipment will be at the expense of the consumer.
Procedure for returning products within the legal time limit (Article L121-21 of the Consumer Code) of fourteen working days. All returns must be reported to the Ombréa via this retraction form: :
- By e-mail via the "Contact Us" page of the Site
- By registered mail to the following address Comintes Service client Ombréa 10 rue Ampère 95500 Gonesse
Upon receipt of the e-mail or paper mail, Comintes will send you the return number, the return form and the address of the warehouse where the return must be made.
Once the product has been returned and deemed to comply with the return details indicated above by Comintes, reimbursement will be made within a maximum of 14 days (art L21-20 of the French Consumer Code), with deduction of any transport and insurance costs if you have chosen to use the return service of our carriers.
The refund will be made to the billing address registered in the customer account.
GENERAL WARRANTY
Our company reserves the right to make any minor or non-functional modification to its products and this, without obligation to modify the products previously delivered or in the course of order, without that the presentation of the products in its catalogs, prospectuses, advertisements, notices can be opposed to it.
The legal guarantee of conformity starts from the date of delivery and under normal conditions of installation, assembly and use of the product (article L217-4 and following of the Code of Consumption). This contractual guarantee is reserved for products subject to normal use and is in addition to the legal guarantee of conformity that applies to hidden defects (Article 1641 of the Civil Code). In the event that the legal guarantee of conformity is called into play, it is recalled that the customer must act within a short period of time from the discovery of the lack of conformity and the hidden defect (Article 1648 of the Civil Code and Article L217-4 and following of the Consumer Code).
In the event of failure to comply with these provisions, Comintes will be completely free of any liability. In the event that one of the products is found to be defective by Comintes, its warranty includes only the outright replacement of the product supplied, to the exclusion of all costs and compensation of any kind. The replacement will only be identical within the limits of production and stock availability. Otherwise, Comintes will only be obligated to provide a like-for-like replacement.
Comintes is not obligated to take back new equipment that is returned for reasons beyond its control. However, if an exceptional return is granted, it will be at the invoice price less 20%, any reconditioning costs and shipping costs.
Spare parts are available with a warranty for a period of 2 years (legal) or 5 years (including the 2 years legal) depending on the product and the date of purchase shown on the invoice.
The warranty period of each product is displayed on each product sheet on the site..
For more information, we ask you to consult our warranty conditions on our After Sales page.
NON-PERFORMANCE OF THE ORDER
Comintes cannot be held responsible for non-performance of the contract in the event of stock shortage or unavailability of the product, and in the event of force majeure, such as disruption or total or partial strike of postal services or means of transport, or internal or external power outages, or communications outages (computer network failure etc.), flooding, and fire. Comintes will not be held responsible for the non-performance of its obligations, nor for any damage or loss caused, and no penalty will be due.
Comintes cannot be held responsible for any inconvenience or damage inherent in the use of the Internet, including but not limited to service interruption, external intrusion or the presence of computer viruses.
Nevertheless, our company undertakes to notify the customer as soon as possible of the occurrence of any such event.
For maintenance reasons, and/or for any other decision by Comintes, access to the Site or to orders may be interrupted. The Site is subject to change and development without notice of any kind.
RETENTION OF TITLE
By express agreement and notwithstanding any clause to the contrary :
- Comintes reserves ownership of the goods sold until full payment of the price and its accessories, it being specified that only the actual cashing of cheques and other bills of exchange will constitute payment.
- During the period of retention of title, the risks and custody of the goods are transferred to the buyer as soon as they leave the Comintes warehouse. The buyer undertakes to keep the goods in such a way that they cannot be confused with other goods and can be recognized as the property of Comintes. Until the goods have been paid for, the buyer may not pledge them.
- In the event of non-payment of the price in whole or in part on the due date, Comintes reserves the right to demand the return of the goods at the buyer's expense and risk. This return does not amount to a cancellation of the sale.
- In the event of resale of the goods by the buyer, the right of reclamation shall automatically extend to the price or part of the price of the goods which has not been paid or settled in value, or offset in current account between the buyer and the sub-purchaser.
RESOLUTORY CLAUSE
In case of non-performance by the buyer of any of his obligations, and eight (8) days after a formal notice by registered letter with acknowledgment of receipt remained in whole or in part without effect during this period, the sales contract(s) will be resolved by right and without formality.
The unpaid products will have to be returned at the first request of our company, and this, at the expenses and risks of the purchaser who is obliged to do it without prejudice of all other damages. As first damages, any sum already paid by the buyer will be definitively acquired by our company.
MODIFICATIONS
From time to time and at its sole discretion the Company reserves the right to make changes to these GTC, the latest updated version replaces the previous version and is effective upon posting and applies to the exclusion of any other document. The modifications are then applicable to all subsequent orders.
APPLICABLE LAW AND COMPETENT COURTS:
This contract is subject to French law. For any dispute relating to sales made through the Site and the application or interpretation of these Terms and Conditions of Sale, only the Commercial Court of Pontoise shall have jurisdiction.
SETTLEMENT OF DISPUTES
Any order placed on the Site implies the customer's adhesion, without any restriction, to the general sales conditions of the Site.
In the event of a sale to a legal entity, any dispute relating to the sale will be subject to French law before the Commercial Court of the registered office of Comintes.
In accordance with Article L.612-1 of the French Consumer Code, the consumer may have access to a consumer mediation system for the amicable resolution of any dispute.
GTC modified on 24/03/2021