GENERAL CONDITIONS FOR INTERNET SALES
These general conditions of sale govern all relationships regarding online sales offered on the www.sherpa.net website between S.A. Coopérative SHERPA, with variable capital of €150,000, with its registered office at Drumettaz-Clarafond (73420), registered in the Chambéry Trade Registry, registration number 444 010 524, SHERPA shops that are members of S.A. Coopérative SHERPA , and their customers.
Prior to any transaction, customers recognise that they have read these conditions and declare explicitly that they accept them when they place an order online.
I – Special conditions of sale:
Customers acknowledge that they have read the special conditions of sale displayed on the screen at the time of placing an order (description, price, components, weight, quantity, colour, particular features of the product) and declare explicitly that they accept them unreservedly. By placing and confirming an order, customers expresses their full and entire acceptance of the special conditions of sale, the only conditions applicable to the order.
II – Product forms:
Photographs that illustrate the products are provided as an illustration only, and are not part of the contract.
The text accompanying these photographs is a reproduction of the information shown on the packaging. Under no circumstances can it incur the liability of SA Coopérative SHERPA or the SHERPA shops. Differences between the photographs and the products can only be minimal differences and have no bearing on the essential characteristics of the product.
III – Order:
To place an order, customers can choose two methods of access to reach the online sales module:
– Either by clicking on the “Online order” module, and then by selecting the shop of their choice, then the date on which they would like to take possession of the goods. If a shop is not shown in the list displayed in the window of this module it is because it does not offer online sales. In this case, you can contact the shop by e-mail or telephone by following the link given in the module to consult its form.
– Or by clicking on “Find a shop”, and then by selecting the shop of your choice from the list offered. Once you reach the selected shop’s form, you then just need to click on the “online order” tab on the right of the form. If the “online order” tab is not shown on the form belonging to the shop selected, it is because this shop does not offer online sales.
When internet customers have selected their shop, they may choose the date on which they would like to take possession of their purchases. When they have clicked on “OK”, they then access the online order module.
Internet customers may then select the goods they would like from the different sections on the order. The current total of purchases as well as the last 10 items added are displayed on the right of the screen.
The order shows a summary, listing all the products that customers have chosen. The overall content of the order can be accessed by clicking on the “Display my basket” module.
If surfers are happy with the contents of their order and in order to confirm it, they must click on “Finalise my order “. Otherwise they can change the quantities of goods selected in the list, delete others or even continue shopping by clicking on the module of the same name.
If they choose to finalise the order, internet customers access a form on which they can change, if they so wish, the date on which they would like to take possession of the order. They can also choose to have the order delivered at a cost set by the shop. They then fill in their main details and if necessary, their details in the resort when delivery is required.
Once these details have been filled in, customers accept the order by clicking on the “finish my order” tab.
Confirmation of an order by customers means that they accept the General Conditions of Sale.
Once confirmed, the order is sent direct to the SHERPA shop selected by the customer, by e-mail and by fax.
At the same time it is also sent by e-mail to SA Coopérative SHERPA for monitoring and follow-up from an accounting point of view.
The automatic recording systems on SHERPA’s site are considered as adequate proof of the nature, content and date of the order.
Each shop has the option of customising the minimum deadline it wishes to apply between the order date and the delivery date. Orders cannot be taken into account inside this deadline.
You will find this information in the shop information that is displayed when you choose your shop in step 1 of your order.
If you wish to place your order more quickly, you need to contact the shop by telephone.
Information filled in by customers on registration is binding on them. Should a customer make an error in filling in this information, the SHERPA shop cannot be held liable for the resulting impossibility it may experience in making the order available.
IV – Order confirmation:
SA Coopérative SHERPA confirms acceptance of customers orders by e-mail giving the details supplied by the customer, the shop details, a summary of the order, the total amount of the order as well as the date on which the customer has chosen to take possession of the goods.
At the same time, the SHERPA shop reserves the right not to confirm an order for whatever reason, in particular to do with the supply of goods, a problem with the order received, an abnormal order or a foreseeable problem affecting delivery.
The SHERPA shop will inform customers as quickly as possible by any means available and to the addresses or numbers entered on the information form by the customer.
V – Availability of orders:
The SHERPA shop and the date when the goods should be made available are chosen by customers when placing their order.
Customers should go to the SHERPA shop selected when placing the order in order to collect the goods, during the shop’s opening hours, and on the day chosen when placing the order.
All events of whatever sort outside SHERPA’s control, such as force majeure, accident, strike, government decision or suspension of transport services, likely to delay, prevent or make the cost of supplying the goods exorbitant, constitute, by specific agreement, a reason to suspend or cancel SHERPA’s obligations as it chooses, without compensation being payable to the customer.
The SHERPA shop will inform customers of such events by any appropriate means as quickly as possible, as well as anything missing from the order so as to enable the latter to freely withdraw from their order or orders on the basis of a simple response by letter or e-mail subsequent to the information supplied to them.
Outside the scenarios described in the two previous paragraphs, if the SHERPA shop finds it impossible to honour the times agreed, customers are informed of that fact on the actual day by any means such as e-mail, telephone, fax etc. filled in by customers on the information form in order to agree a new time and date for collection, or to cancel the order without cost if it cannot be collected on the new dates and times offered to the customer.
At the same time, and for whatever reason, customers undertake to warn the SHERPA shop by any means possible (telephone, fax, e-mail) as soon as possible and a minimum of 24 hours prior to collection from the shop of the fact that they cannot honour the order or ask for it to be made available at a later time (the next day for example).
When handover of goods to a customer is not possible for reasons due to the customer, the SHERPA shop retains the right to invoice the customer with a fixed sum of €15 including VAT to cover handling costs.
In addition, in case of a home delivery, the customer’s absence at the agreed time will lead to him/her being automatically invoiced for the cost of the delivery in addition to the cost of any second delivery.
VI – Special conditions linked to home delivery:
Certain SHERPA shops offer home delivery exclusively in the resort where the shop to which the order was made is located.
Home delivery terms are specific to each SHERPA shop.
They are shown automatically on the order form when customers select this option when placing an online order.
It is essential for customers wishing to take advantage of the home delivery service to fill in their mobile telephone number in the field provided on the information form.
To make the delivery, the shop will be able to get in direct contact with customers through their mobile phone in order to make sure they are at home on the day and at the time specified on the order.
VII – Terms of payment:
Prices are net and not subject to any costs.
Prices invoiced to customers are the prices shown on the online order.
Customers pay for their orders when they collect them in the shop, according to the method of payment accepted by the merchant (cash, cheque or bank card). The sale will not be considered as completed until payment has been made in the shop by the customer.
VIII – Guarantee:
Customers benefit from the legal guarantee covering hidden defects relating to the products sold.
IX – Cancellation clause:
Should a customer fail to pay the sums due, the SHERPA shop may suspend the validity of that customer’s login details automatically and immediately.
X – Customer Services:
For any difficulty that cannot be solved directly with the SHERPA shop with which the order was placed, customers can:
– send an e-mail to email@example.com.
– or a letter to SA Coopérative SHERPA
Customer Service Department – 71, chemin des Teppes – 73420 Drumettaz-Clarafond – France,
– or telephone +33 (0)4 79 88 66 01
All requests and problems are recorded and dealt with as quickly as possible after receipt of the letter, e-mail or telephone call by the recipient who will try to find a solution with the shop.
XI – Personal information:
Personal files on www.Sherpa.net are declared to the Commission Nationale Informatique et Libertés (National Commission for Information Technology and Civil Liberties). Customers enjoy a right to access, correct or object to data collected which may be corrected:
– by e-mail to firstname.lastname@example.org.
– by letter to SA Coopérative SHERPA
Customer Service Department – 71, chemin des Teppes – 73420 Drumettaz-Clarafond – France.
SA Coopérative SHERPA undertakes not to communicate the data collected to any third party and only to use it for strictly internal purposes.
XII – Intellectual property:
By logging on to the website created by SA Coopérative SHERPA, which owns all the intellectual property rights relating to it, customers acknowledge that they should refrain from copying or downloading all or part of its content without prior and specific authorisation from SA Coopérative SHERPA.
XIII – Applicable law:
These general conditions of sale are subject to French law.
Any disputes that may arise from the execution of these general conditions of sale come under the sole jurisdiction of the courts responsible for the district in which the defendant’s registered offices are located.
In case of dispute, customers should initially address themselves to the SHERPA shop to reach an out-of-court settlement.