Article 1 – IDENTIFICATION OF THE SELLER
These general terms and conditions of sale have been issued by the Company:
a French simplified limited company [société par actions simplifiée]
with capital of €5,000
Lotissement Omaha Center
14710 Colleville sur Mer
Caen Trade and Companies Register no. 834 779 209
Article 2– PRESENTATION OF THE PRODUCTS
The company Colleville sur Mer offers for sale, via the www.overlordmuseum.com website, books and related products, clothing and textile products, model kits and souvenirs such as keyrings and mugs relating to the 1944 Battle of Normandy [Operation Overlord], in the Second World War.
Article 3– SCOPE OF APPLICATION
These general terms and conditions of sale apply, unreservedly and without limitation, on the one hand to any use of the www.overlordmuseum.com website and, on the other hand, to any sale of products on the www.overlordmuseum.com website.
These general terms and conditions of sale are available on the www.overlordmuseum.com website and will take precedence over any other version or any other document at variance herewith, with the exception of any special terms and conditions negotiated and executed by the user and the company Colleville Musée. The company Colleville Musée reserves the right to amend the general terms and conditions of sale at any time.
The customer acknowledges, by ticking the box provided for that purpose, that he/she is familiar with these general terms and conditions of sale and has accepted them before placing any order. The customer also acknowledges that, prior to any order, he/she received sufficient information and advice from Colleville Musée.
The customer represents that he/she has capacity to contract under French law.
These general terms and conditions of sale apply to any user or customer who can be defined as a consumer and non-professional, namely:
Consumer: “any natural person acting for purposes outside the scope of his/her commercial, industrial, craft-related, professional or agricultural activities”;
Non-professional: “any legal entity which is not acting for professional purposes”.
Article 4- DEFINITIONS
In these general terms and conditions of sale the following terms are defined as indicated below, whether they are used in the singular or plural form, unless the context requires otherwise:
These general terms and conditions of sale.
All the goods available for sale on the WEBSITE.
Any person with full legal capacity who wishes to order one or more PRODUCTS.
Used in the plural, means both the CUSTOMER and the SELLER;
Used in the singular, means the CUSTOMER or the SELLER, depending on the context.
Act by which the CUSTOMER undertakes to purchase one or more PRODUCTS from the SELLER and pay it the price therefor.
Transfer to the CUSTOMER of physical possession or control of the PRODUCT ordered.
Article 5– CHARACTERISTICS OF THE PRODUCTS
The SELLER has a best endeavours obligation [obligation de moyens] with regard to information provided to CUSTOMERS.
The essential characteristics of each PRODUCT are described in the information sheet associated with that PRODUCT, available on the WEBSITE. The CUSTOMER undertakes to read this information carefully before placing an ORDER on the WEBSITE.
The SELLER takes all necessary steps to ensure the said information on its WEBSITE is reliable. Despite monitoring and regular updating, the SELLER is not liable for any technical inaccuracies, typographical errors or omissions in the contents of the WEBSITE, or for any results that may be obtained by using that information.
The CUSTOMER acknowledges that the photographs, information and visuals of the products displayed on the WEBSITE are not contractual. The SELLER will not, under any circumstances, be liable for any act or occurrence whatsoever related to the image of a given product.
Article 6 – PRICE OF PRODUCTS
The prices of the PRODUCTS displayed on the WEBSITE are stated in euros (€), including all taxes (VAT applicable on the date of the ORDER), and do not include shipping costs. Save for obvious typographical errors, prices displayed online on the WEBSITE on the date of the ORDER constitute valid price offers.
The price indicated in the ORDER confirmation corresponds to the price of the PRODUCTS forming the ORDER plus logistics, handling, packaging, insurance and shipping costs. Shipping costs, which are payable by the CUSTOMER, vary depending on the shipping method chosen.
The price is payable in immediately available funds, on the date of the ORDER.
The SELLER may modify the prices of PRODUCTS at any time. Price changes will only take effect from the date on which they are displayed on the WEBSITE.
The French VAT rate in effect on the date the ORDER is registered is therefore the rate that will apply to all invoices issued by the SELLER.
Article 7– ORDERING PROCESS
7.1. Selection of PRODUCTS
The CUSTOMER selects the PRODUCTS from the WEBSITE pages. He/she selects the PRODUCT(S) of his/her choice by clicking on the corresponding PRODUCTS and selecting the desired quantity.
When a PRODUCT is selected, it is placed in a virtual basket. The CUSTOMER may place as many PRODUCTS in the basket as he/she wishes.
When browsing the WEBSITE, the CUSTOMER may access his/her virtual basket at any time by clicking on the cart icon. A page will then be displayed summarising all the PRODUCTS in the virtual basket and comprising the ORDER.
The CUSTOMER should check that the contents of the ORDER are correct. He/she can remove one or more PRODUCTS from his/her ORDER and change the quantities of PRODUCTS ordered before confirming the contents of the basket.
The CUSTOMER is then invited to log in.
The CUSTOMER must create an account, using his/her email address, and complete the registration formalities to place an ORDER. When the CUSTOMER has an account, he/she can confirm the ORDER by entering his/her username and password.
7.3. ORDER validation
Once the CUSTOMER has confirmed the contents of the basket and has logged in, a page is displayed summarising the price, applicable taxes and DELIVERY costs.
The CUSTOMER is invited to check the contents of his/her ORDER (including the quantities and characteristics of the PRODUCTS ordered, DELIVERY costs, DELIVERY address, billing address, means of payment and price) and to correct any errors before validating the ORDER.
The CUSTOMER must pay the price for the PRODUCTS, taxes and DELIVERY costs, and supply all the information necessary for billing and DELIVERY of the PRODUCTS, following the instructions displayed on the WEBSITE.
7.4. ORDER confirmation
After completion of all of the phases described above, a page is displayed on the WEBSITE confirming receipt of the CUSTOMER’S ORDER.
The contractual information summarising all the terms of the ORDER (including in particular the PRODUCTS selected, the price and DELIVERY costs, the CUSTOMER’S identity and the DELIVERY address) is confirmed in an email sent to the CUSTOMER by the SELLER, provided the CUSTOMER has given a valid email address, the use of which is not restricted (a business address, for example). If that is the case, the SELLER will not be liable if contractual and/or advertising information is sent to a restricted access email address.
The date on which the SELLER sends the order confirmation is the date of sale. Unless stipulated otherwise, all time periods referred to on the WEBSITE or in the GTC will run from that date.
The SELLER does not send ORDER confirmations by post or fax.
The SELLER reserves the right to refuse the ORDER for any legitimate reason (as defined by case-law), including (but not limited to) unavailability of a PRODUCT ordered, impossibility of DELIVERY, unreasonable CUSTOMER requests, the CUSTOMER’s presumed inability to contract, the CUSTOMER’s clear intention to harm the SELLER, or the existence of a dispute with the CUSTOMER relating to an earlier transaction that has not been settled on the date of the ORDER.
The SELLER also reserves the right to refuse the ORDER when an obvious typographic error resulted in the display of an excessively low price at the time the CUSTOMER placed the ORDER.
The information registered by the SELLER constitutes proof of the nature, content and date of the ORDER. This will be kept on file by the SELLER in accordance with the terms, conditions and time periods laid down by law. The CUSTOMER is entitled to access information on file by contacting the SELLER.
Article 8– PAYMENT AND BILLING
Any ORDER placed on the WEBSITE commits the CUSTOMER to paying the full price thereof.
8.1. Means of payment
The CUSTOMER shall pay the price of the PRODUCTS ordered, plus the taxes and DELIVERY costs, by bank card or credit card (Mastercard, Visa, etc.) or by Paypal, using a secure payment process.
Bank cards: The SELLER accepts payments by bank cards linked to a bank account domiciled in metropolitan France. To confirm a purchase on the WEBSITE, the CUSTOMER must give his/her card number according to its type, its expiry date and the security code (three-digit number on the back of the card). For certain cards, the CUSTOMER may be asked to enter a security code received by text. The CUSTOMER warrants to the SELLER that he/she is the holder of the card that will be debited or has been authorised to use it. The SELLER implements all necessary measures to ensure the security and confidentiality of data transmitted online. To that effect, the WEBSITE uses a secure payment process. Transactions are made via the Crédit Agricole bank, which has sole access to the banking information entered on the WEBSITE at the time of payment. In the event amounts owed cannot be debited, irrespective of the reason, the online purchasing process will be cancelled.
8.2. Security of payments
With a view to combating fraud involving online means of payment and helping to protect consumers, the SELLER uses the Crédit Agricole E-transactions system for payments on its WEBSITE.
The SELLER informs the CUSTOMER that, again with a view to securing payments, none of the SELLER’s staff members will contact the CUSTOMER directly to ask for personal information, including in particular his/her bank card details, IBAN, etc.
In the event of non-payment due to the fraudulent use of a bank card or other means of payment, the details relating to the non-payment will be recorded on the order as a “payment incident”. Any misrepresentation or irregularity may also give rise to special processing.
8.3. Payment date
Payments by bank card are debited on the date the ORDER is validated by the CUSTOMER.
In the event of a partial DELIVERY of PRODUCTS, the full amount will be debited from the CUSTOMER’S account. If the CUSTOMER decides to cancel his/her order for unavailable PRODUCTS, the SELLER will promptly refund the CUSTOMER for the price of the unavailable PRODUCTS and the corresponding shipping costs.
Payments made by the CUSTOMER are only deemed final after actual receipt of amounts owed. Conformation of payment is sent to the CUSTOMER by email and via his/her account pages on the WEBSITE.
8.4. Late payments or declined payments
If the bank declines a payment made by bank card or another means of payment, the CUSTOMER must contact the SELLER to pay the ORDER by any other valid means of payment.
In the event transmission of moneys owed by the CUSTOMER proves impossible for any reason whatsoever – a stop payment, payment is declined or otherwise – the ORDER will be cancelled, and the sale will be terminated automatically.
The SELLER reserves the right to cancel an ORDER for any legitimate reason, including in particular when fraud is suspected or when outstanding amounts have not been paid.
The SELLER will not be required to deliver PRODUCTS ordered by the CUSTOMER if he/she has not paid it the price in full, in accordance with the terms set out above.
Furthermore, the SELLER reserves the right to suspend or cancel DELIVERY of ORDERS pending in the event of non-compliance with the terms of payment set out above.
An invoice stating the order number is sent to the CUSTOMER automatically, at the email address given by the CUSTOMER at the time of the ORDER. Invoices can also be downloaded from the CUSTOMER’S account pages on the WEBSITE. The SELLER does not send paper invoices.
Neither the order form filled out online by the CUSTOMER nor the email confirmation of receipt of the ORDER sent to the CUSTOMER by the SELLER constitutes an invoice.
Article 9 –DELIVERY
9.1. Place of DELIVERY
PRODUCTS are available for delivery to metropolitan France only.
PRODUCTS ordered will be delivered to the delivery address indicated during the ordering process; DELIVERIES to PO boxes are not available. The CUSTOMER must ensure the address given is correct and complete. The CUSTOMER is responsible for any errors in the address and the SELLER does not accept any liability with regard to delivery.
9.2. DELIVERY times
PRODUCTS ordered will be delivered to the CUSTOMER within the time frame indicated by the SELLER in the ORDER confirmation.
When the aforementioned DELIVERY date is a Saturday, Sunday or public holiday, DELIVERY will take place on the next working day.
Except in specific cases or when one or more PRODUCTS are unavailable, PRODUCTS ordered are delivered in one DELIVERY. The rules that apply in the event of the partial unavailability of PRODUCTS ordered are set forth below.
The CUSTOMER is informed by email when the PRODUCTS ordered are shipped, provided the email address given by the CUSTOMER at the time of the ORDER is error-free.
Article 10– UNAVAILABILITY OF PRODUCTS
When a PRODUCT is unavailable, this is indicated on the WEBSITE page corresponding to that PRODUCT.
In any event, if unavailability is not indicated at the time of the ORDER and the PRODUCT ordered is found to be unavailable after the ORDER has been placed, the SELLER undertakes to inform the CUSTOMER immediately.
If the CUSTOMER decides to cancel his/her ORDER for unavailable PRODUCTS, all amounts paid for the unavailable PRODUCTS will be reimbursed as soon as possible.
Article 11–TRANSFER OF TITLE AND RISKS
11.1. Retention of title
The SELLER remains the owner of delivered PRODUCTS until they have been paid for in full by the CUSTOMER.
11.2. Transfer of risks
Risks of loss of, or damage to, the delivered PRODUCTS are transferred to the CUSTOMER at the time the CUSTOMER, or any third party appointed by him/her, takes physical possession of them.
However, if the CUSTOMER decides to entrust DELIVERY to a carrier other than the one proposed by the SELLER, risks of loss of, or damage to, the delivered PRODUCTS are transferred to the CUSTOMER by the SELLER at the time the carrier chosen by the CUSTOMER takes possession of the PRODUCTS.
Article 12 –SELLER’S LIABILITY – WARRANTIES
The PRODUCTS sold on the WEBSITE are compliant with the regulations in force in France.
The PRODUCTS supplied by the SELLER benefit as of right, in compliance with statutory provisions, without any additional payment and independently of the right of withdrawal, from:
- the statutory warranty of conformity of goods, for any PRODUCT that appears to be defective, spoilt or damaged or that does not correspond to the ORDER,
- the statutory warranty for hidden defects arising from material, design or manufacturing defects affecting a delivered PRODUCT and rendering it unfit for its reasonably anticipated use, or that impairs its use to such an extent that the CUSTOMER would not have purchased it or would have only done so for a lower price if he/she had been aware thereof.
To exercise his/her rights, the CUSTOMER must inform the SELLER in writing of the non-conformity of the PRODUCT(S) or the existence of hidden defects.
12.1. Statutory warranty of conformity of goods
This warranty is only available if the CUSTOMER meets the legal definition of a consumer, namely: “any natural person acting for purposes outside the scope of his/her commercial, industrial, craft-related, professional or agricultural activities”.
When the CUSTOMER brings a claim under the statutory warranty of conformity of goods, he/she has two years from DELIVERY of the ordered PRODUCTS in which to act. He/she will not be required to produce proof of the existence of a non-conformity on the date of DELIVERY of the PRODUCTS, as the burden of proof lies with the SELLER.
The CUSTOMER may choose between the repair or replacement of the PRODUCT, subject to the cost conditions set out in article L.217-9 of the French Consumer Code [Code de la consommation] (the SELLER may disregard the CUSTOMER’S decision if this would result in it incurring excessively disproportionate costs compared to the other option, in view of the value of the item or the significance of the defect).
If the repair or replacement of the PRODUCT is impossible, or if action cannot be taken within one month of the CUSTOMER’S claim to make the contract compliant, as requested, or if this cannot be done without major inconvenience for the CUSTOMER in view of the nature of the product and the anticipated use, the CUSTOMER may return the PRODUCT and obtain reimbursement of the price, or keep the PRODUCT and obtain reimbursement of part of the price.
12.2. Warranty for hidden defects
When the CUSTOMER brings a claim under the warranty for hidden defects affecting a PRODUCT, as defined in article 1641 of the French Civil Code [Code civil], the CUSTOMER has two years from discovery of the defect in which to act. He/she must produce proof of existence of the defect on the date of sale.
The CUSTOMER may choose between returning the PRODUCT in question and obtaining reimbursement of the price or keeping the PRODUCT in question and obtaining reimbursement of part of the price.
12.3. Procedure for implementing warranties
Should the CUSTOMER wish to implement either of the aforementioned warranties, he/she must contact the SELLER, at the address indicated in Article 1, quoting the relevant ORDER number.
After the return of the PRODUCTS, provided this is possible, the SELLER reserves the right to call upon one or more independent experts to ascertain the cause of the non-conformity of the goods or of the hidden defects.
12.4. Reimbursement procedure
In the event of implementation of either of the aforementioned warranties, the CUSTOMER will be reimbursed for the shipping costs on the basis of the rate invoiced and return costs will be reimbursed to the CUSTOMER on the basis of supporting documents.
Reimbursements for any PRODUCTS deemed non-conforming or defective will be made in a timely manner and no later than thirty days after the SELLER has recognised the non-conformity or hidden defect.
Reimbursements are made by crediting the CUSTOMER’S bank account.
12.5.Limitation of SELLER’S liability
In any event, the SELLER’S warranty is limited to replacing or reimbursing non-conforming or defective PRODUCTS.
The CUSTOMER is responsible for the accuracy and completeness of information supplied to the SELLER for the proper processing of his/her ORDER. Accordingly, and more specifically, he/she is fully responsible for the DELIVERY address for the PRODUCTS. The SELLER cannot answer for the consequences of, or be held responsible or liable for, any additional DELIVERY period or additional DELIVERY costs (including the cost of re-shipping PRODUCTS) resulting from errors in the information supplied by the CUSTOMER.
The SELLER cannot be considered liable or to have defaulted in respect of any delay or non-performance arising from the occurrence of a force majeure event, as defined in article 1218 of the French Civil Code.
Moreover, it is stipulated that the SELLER has no control over the websites directly or indirectly linked to the WEBSITE. Accordingly, it does not accept liability for any information displayed thereon. Links to third-party websites are provided on an information-only basis and no warranties are given concerning their contents.
The SELLER is not liable for any accidents that may arise following purchase of PRODUCTS, and namely when PRODUCTS purchased from the SELLER are used where it has not been established that the PRODUCT has a safety defect.
Article 13 – RIGHT OF WITHDRAWAL
13.1. Scope of application of the right of withdrawal
The right of withdrawal is only available if the CUSTOMER meets the legal definition of a consumer, namely: “any natural person acting for purposes outside the scope of his/her commercial, industrial, craft-related, professional or agricultural activities”.
13.2. Principle of the right of withdrawal
The CUSTOMER is entitled to withdraw from his/her ORDER for PRODUCTS, without any explanation, within fourteen (14) days.
The right of withdrawal period will expire fourteen (14) days after the date on which the CUSTOMER, or any third party appointed by him/her, takes physical possession of the ordered PRODUCTS, or of the last of these PRODUCTS in the case of separate deliveries for a single ORDER.
Exercising the right of withdrawal can only result in the return of the PRODUCT and its reimbursement, never in an exchange.
13.3. Procedure for exercising the right of withdrawal
To exercise the right of withdrawal, the CUSTOMER must send the SELLER, at the address indicated in Article 1, notice of his/her decision to withdraw from his/her ORDER expressed in a clear and unambiguous manner (for example, letter sent by post, fax or email containing the following information: statement of withdrawal / order number / identification of the PRODUCT / ORDER date / purchaser’s contact details / date and signature).
Compliance with the right of withdrawal period will be recognised if the CUSTOMER sends notice of his/her decision to exercise the right of withdrawal before expiry of the aforementioned withdrawal period.
13.4. Effects of withdrawal
The CUSTOMER must return the PRODUCTS to the SELLER without excessive delay and, in any event, no later than fourteen (14) days after having given notice of his/her decision to withdraw from his ORDER.
When the CUSTOMER withdraws from his/her ORDER, the SELLER will reimburse all payments received from him/her with regard to the returned PRODUCTS, with the exception of any additional costs resulting from the fact that the CUSTOMER chose a delivery method other than the cheapest standard delivery method proposed by the SELLER, if applicable.
The reimbursement will be made without excessive delay and, in any event, no later than fourteen (14) days after the date on which the SELLER is informed of the CUSTOMER’S decision to withdraw from his/her ORDER.
However, the SELLER may delay reimbursement until it has received the returned PRODUCTS or until the CUSTOMER has produced proof that the returned PRODUCTS have been sent, whichever may occur first.
The CUSTOMER will only bear the direct cost of returning the PRODUCTS.
The SELLER will make the reimbursement using the same means of payment as was used by the CUSTOMER for the initial transaction, unless the CUSTOMER expressly agrees to a different means of payment; in any event, reimbursement must not result in any costs for the CUSTOMER.
The CUSTOMER will only be liable for any loss in value of the PRODUCTS that results from handling other than as is strictly necessary to ascertain the nature, characteristics and proper working order of the PRODUCTS.
Article 14 – PERSONAL DATA PROTECTION
In application of French law no. 78-17 of 6 January 1978, as amended, and also of European Regulation no. 2016/679 and its Directive no. 2016/680 of 27 April 2016, which came into force on 25 May 2018, it is stipulated that the personal data the CUSTOMER is asked to provide are necessary, in particular, for the processing of his/her ORDER, the proper completion of the sale transactions, delivery and the preparation of invoices.
In the course of its retail business, the SELLER engages in a range of data processing tasks.
Data may be communicated to the SELLER’S partners responsible for the fulfilment, processing, management and payment of ORDERS.
Information collected is never assigned to a third party or communicated to institutions or government authorities, other than in those case provide for by the law or regulations.
The processing of data communicated via the WEBSITE meets legal requirements on the protection of personal data, and the information system used ensures an optimal protection of the said data.
In compliance with the national and European regulations in force, all users have a permanent right of access, modification, rectification, objection and portability with regard to their personal data and a right to restrict the processing thereof.
This right can be exercised by sending a written, signed request to the SELLER, at the address indicated in Article 1, together with a copy of an identity document bearing the holder’s signature, specifying the address to which the reply should be sent.
No personal information concerning a user will be published without consent or exchanged, transferred, assigned or sold to a third party on any medium whatsoever. Only in the case of the sale of the SELLER’S business would the said information be transmitted to the purchaser, who would in turn be bound by the same obligation towards the user with regard to data retention and modification.
Users are, for their part, required to comply with the provisions of French law no. 78-17 of 6 January 1978, and any breach may give rise to criminal prosecution.
In the event any user becomes aware of a breach of the general data protection regulation, he/she may take action personally or mandate an association or body, as referred to in article 43 ter point IV of the 1978 data protection law [loi informatique et liberté], to obtain redress from the data controller or processor before a civil or administrative court or before the French data protection authority [Commission nationale de l'informatique et des libertés].
Provisions relating to cookies
Users are informed that when they log in to the WEBSITE cookies and other technologies are used, subject to the user’s selected options, which may be changed at any time.
The WEBSITE contains some hypertext links to other websites, included with the authorisation of the parties responsible for the said sites. However, the SELLER is not able to verify the contents of the websites that may be visited, and accordingly does not accept liability in connection therewith.
When users first visit the WEBSITE, they are informed by a banner that if they continue to browse the site they consent to the installation of cookies on their device.
Users may modify their options at any time:
- by deleting the blocking cookie, or
- by any of the methods described below.
Browsing the WEBSITE may cause a cookie or cookies to be installed on the user’s device. A cookie is a small file that does not allow the user to be identified but does record information about a device’s use of the WEBSITE. The data thus obtained are used to facilitate subsequent WEBSITE visits and are also used to generate various traffic measurements.
Blocking cookies may make it impossible to access certain services.
However, users may select the following settings on their device to block cookies:
For Internet Explorer: Tools menu (cog icon, top right) / Internet Options / Click on Privacy / select Block all cookies / Click on OK to confirm.
For Firefox: at the top of the browser window, click on Firefox, then select the Preferences tab / Click on Privacy & Security / Set the retention rules to Use custom settings for history / Then deselect the box to disable cookies.
For Safari: Click the menu button at the top-left corner of the web page (cog icon) / Select Preferences / Click on Display advanced settings / In the Privacy tab, click on Content settings / In the Cookies tab, you can block all cookies.
For Chrome: Click the menu icon on the top-right corner of the page (three horizontal lines) / Select Settings / Click on Display advanced settings / In the Privacy section, click on preferences / Using the Privacy tab you can block cookies.
Article 15– DISPUTES
In compliance with the provisions of the French Consumer Code on amicable dispute resolution, the SELLER is registered with the mediation body SAS MEDIATION SOLUTION, accredited by the CECMC [French consumer mediation supervisory authority]:
Sas Médiation Solution
222, chemin de la Bergerie
01800 Saint Jean de Niost
Tel. 04 82 53 93 06
Consumers may, after first contacting the SELLER in writing, refer any consumer-related dispute that has not been settled to the Mediator.
In the event of litigation, the French courts have jurisdiction.