General terms and conditions for deliveries in France

 

Preliminary article

 

RICOH IMAGING EUROPE S.A.S. (hereinafter referred to as "RICOH IMAGING") is engaged in the import and distribution of cameras, their accessories and optical equipment marketed under the "Ricoh" and "Pentax" brands.

In order to better meet the expectations of its customers, RICOH IMAGING wishes to be able to sell certain products by electronic means (Internet).

The list of products offered in the context of distance selling is available on the website http://pentax.eu (hereinafter referred to as the "Website").

It is specified that RICOH IMAGING also offers on its Website used products under the "Ricoh" and "Pentax" brands that it has previously "refurbished".

The system thus set up, which assumes an active approach on the part of the customer, complies in all respects with the requirements for distance selling and, in particular, with Articles L.111-1, L.112-1 and L. 221-5 et seq. of the French Consumer Code.

The use of the distance selling process described in these general terms and conditions of sale is reserved solely for consumers, as defined in the preliminary article of the French Consumer Code, acting exclusively on their own behalf and having full legal capacity to contract.

Orders placed through this distance selling process must be intended solely for the personal use of the recipient of the products, which excludes any resale of said products to third parties.

 

Article 1: Scope of application

These general terms and conditions of sale are applicable to all sales of products concluded via the commercial website, for delivery in Metropolitan France (including Corsica).

The customer declares that he/she has read the present general terms and conditions of sale before placing his/her order. The validation of the order therefore implies acceptance without restriction or reservation of these general conditions of sale.

In this respect, before validating his/her order, the customer must first read these general terms and conditions of sale, and then confirm his/her agreement to all the general terms and conditions of sale by confirming his/her acceptance by ticking a box on the Website.

In accordance with the provisions of Article 1127-1 of the French Civil Code, these general terms and conditions of sale may be retained by any person visiting the Website by means of a computer record and may also be reproduced by the customer by means of a printout.

These general terms and conditions of sale shall apply as long as they appear on the Website. These general terms and conditions of sale may be subject to change. Therefore, it is understood that the applicable conditions are those in force on the site at the time the order is placed on the Website. The date on which these general terms and conditions of sale are posted online is the date on which they come into force.

In the event that, after their removal from the Website and their replacement, these terms and conditions of sale remain accessible to the public via other websites or by any other means, they will no longer be binding on RICOH IMAGING.

 

Article 2: Identification of the Merchant

RICOH IMAGING EUROPE

A simplified joint stock company with a capital of 750,000 euros, registered at the

Trade Register of Créteil

under the number B 519 989 420

Registered seat: 7-9, avenue Robert Schuman

94150 RUNGIS (France)

info@eu.ricoh-imaging.com

VAT: FR 13 519 989 420

 

Article 3: Information on the products sold by RICOH IMAGING

Information on all products that may be sold via the Website is available on the Website.

This information complies with the requirements of the legal and regulatory texts in force and, in particular, of Articles L. 111-1 and L.112-1 of the French Consumer Code.

The photographs, graphics, reproductions and descriptions of the products and their packaging offered for sale are only indicative and are not binding on RICOH IMAGING. Customers may obtain additional information by contacting RICOH IMAGING by e-mail via the contact form.

 

Article 4: Product orders

4.1 Internet orders

Orders are placed via the Internet on the merchant's Website. The customer shall bear the telecommunication costs of accessing the Internet and using the Website.

In accordance with the provisions of Article 1127-1 of the French Civil Code, all the steps necessary for the sale are specified below:

 

In order to place an order, the customer will click on the icon next to the products. Each new addition to the shopping cart will be indicated by the appearance of a specific screen which will offer the customer the option of viewing the shopping cart or continuing shopping.

 

At any time, the customer can obtain a summary of the products he has selected or modify his order by clicking on the "Shopping Cart" icon accessible on each page.

 

To order the products he has chosen, the customer will click on the "Basket" icon. A summary of the order will then appear on the screen. If the list presented to him/her corresponds to the products he/she has chosen, the customer will validate the summary by clicking on "Order".

 

The customer must then identify himself or herself or fill in the form provided.

 

In particular, the customer undertakes to indicate:

 

  • his/her surname(s), first name(s), telephone number and e-mail address. The said e-mail address must be perfectly valid and in perfect working condition;
  • a postal address to which delivery can be made during working hours from Monday to Saturday in Metropolitan France (including Corsica)

The customer will also have to choose the method of delivery and the method of payment.

 

A summary of the order will include all the information relating to this order, namely: the nature, quantity and price of the products, the total amount (including transport costs) of the order, in accordance with Article 1127-2 of the French Civil Code.

 

By clicking on the "Order with payment obligation" button, the customer must, after having read the present general terms and conditions of sale, tick the box "I have read and accept the General Terms and Conditions of Sale". By validating the payment, the customer will then be considered to have accepted these general terms and conditions of sale and the fact that his order implies an obligation to pay.

 

The customer will then be redirected to a secure Internet page from which he/she will be asked to proceed with the payment of his/her order under the terms and conditions of article 6 below of these general terms of sale.

 

In the event of prolonged inactivity when logging in, it is possible that the selection of products chosen before this inactivity is no longer guaranteed. The customer will be invited to resume the selection of products from the beginning.

From the moment the customer has validated his order, RICOH IMAGING acknowledges receipt of the order without delay (unless justified) and by electronic means in accordance with Article 1127-2 of the French Civil Code.

However, the sale will only be considered final after RICOH IMAGING has sent the customer confirmation of shipment of the products. Only the products shipped will be debited with the shipping costs.

The order confirmation e-mail sent to the customer will contain the following information:

- the order number;

- a summary of the order (description of the product(s) ordered, quantity, price and essential characteristics);

- the total amount of the order, including all taxes;

- delivery costs ;

- confirmation of payment ;

- the terms and conditions for the delivery of the products ordered;

- the existence of a 14-day right of withdrawal

 

4.2 Rejection of orders

RICOH IMAGING is entitled to refuse any order that is abnormal or placed in bad faith. Any order exceeding an amount of 15,000 euros including VAT will be refused.

In addition, RICOH IMAGING is entitled to refuse any order from a customer with whom there is a dispute concerning the payment of a previous order.

Such refusals would in fact meet a "legitimate reason" within the meaning of Article L.121‑ 11 of the Consumer Code.

 

Article 5: Product prices

The prices of the products are expressed in euros and include all taxes.

VAT is applied at the rate in force at the time the order is placed. The prices of the products indicated on the Website are exclusive of postage, delivery costs, the price of certain packaging or the price of other optional services, which are not included.

The latter will be communicated to him before the order is validated by the customer.

The customer will receive written confirmation of the price paid for each product at the latest upon delivery, detailing the price of the products and the delivery costs charged to the customer.

 

Article 6: Terms of payment

The payment of the customer's purchases is made by credit card or by PAYPAL or by bank transfer.

The following cards are accepted:  Visa and Mastercard.

RICOH IMAGING guarantees the security of payment by credit card using the encryption system via the company STRIPES which uses the encryption system according to the AES-256 standard or via PAYPAL using the SSL encryption system.

The customer's credit card is debited at the time the order is confirmed.

The customer guarantees RICOH IMAGING that he is the holder of the credit card and that the name on the credit card to be debited is his own. The customer then communicates in a secure environment on the Internet, the sixteen-digit number and the expiry date, appearing on the front of his credit card, as well as, if necessary, the visual cryptogram numbers appearing on the back of his credit card, information that RICOH IMAGING undertakes to keep strictly secret.

In the event that, for any reason whatsoever (opposition, refusal of the issuing centre, etc.), the debiting of the sums due by the customer proves impossible, the Internet purchase process will be cancelled.

In the case of anti-fraud controls aimed at securing the transactions of its customers, RICOH IMAGING shall be entitled to ask the Customer to provide one or more proofs of address and/or copy of identity card by e-mail before validating the order.

The order will be finalized only after RICOH IMAGING has received these documents and sent the confirmation e-mail. If RICOH IMAGING does not receive these documents or if they do not allow the identity of the author of the order and the reality of his address to be identified, RICOH IMAGING reserves the right not to accept the order, without being held responsible in any way whatsoever.

RICOH IMAGING retains full ownership of the products purchased by the Internet user until the Internet user has fulfilled all his obligations and in particular until full payment of the price, if applicable, plus interest.

 

Article 7: Delivery

The delivery of the products can only take place:

Metropolitan France (including Corsica)
to the delivery address indicated by the Internet user during the ordering process on the Website.

The delivery costs are as follows:

  • 6 euros with a purchase of less than 69 euros including VAT
  • free of charge with a purchase of more than 69 euros including VAT.

In the event that the customer has indicated an incorrect address or an incomplete address at the time of ordering that does not allow the products to be delivered, the products will not be reimbursed, and the customer will be responsible for the products ordered and the cost of returning them, unless the customer does not wish to have them returned.

In accordance with the provisions of Article L.111-1 of the Consumer Code, the customer is informed of the indicative delivery period before the contract is concluded.

In any case, the order is executed within a maximum of thirty (30) days from the day following the day on which the customer validated his order. If the order has not been delivered by the end of this period, the customer may cancel the order via the contact form. In the event that the price of the order has already been received, RICOH IMAGING will refund the total amount paid by the customer, according to the method of payment used and within a maximum of fourteen (14) days.

The customer can be informed, in real time, of the status of the delivery of his order on the carrier's website, which will be communicated to the customer as soon as the shipment is made.

The stock availability of each product will be displayed on the Website for information purposes only. However, due to possible computer problems or updates that are not followed, it is possible that the stock indicated is incorrect. In the event that a product ordered is unavailable, an e-mail will be sent to the customer to inform him/her of the cancellation of the order for this product and of the refund to be made. The remainder of the order, if the products are available, will be shipped.

 

If, upon delivery, the external appearance of the package is not perfect, the customer shall open it in the presence of the carrier in order to check the condition of the products.

If the products are damaged, the customer must refuse the package and inform RICOH IMAGING via the contact form. Upon receipt of this information, RICOH IMAGING will reship identical products to the customer as soon as possible.

 

In any event, if the products do not conform to the products ordered by the customer, the provisions of article 9 below shall apply.

 

Article 8: Right of withdrawal and return of products

8.1 Withdrawal process

 

In accordance with article L.221-18 of the French Consumer Code, RICOH IMAGING grants the customer a withdrawal period of fourteen (14) clear days from the day of receipt of the order without having to justify its reasons or pay any costs or penalties.

The customer may exercise his or her right of withdrawal by sending RICOH IMAGING the withdrawal form available in the appendix to these general terms and conditions of sale or here ,or any other declaration stating his or her withdrawal without ambiguity.

Thus, the customer will be able to enter a return request on the Website and will receive a return label after validation by RICOH IMAGING. The customer must return the products delivered in their original packaging, complete (accessories, instructions, etc.) with the return label, to the address indicated on the label.  

It is the customer's responsibility to provide proof of this return, which implies that the products must be returned by registered mail or by any other means that gives a certain date.

The products shall be returned by the customer to RICOH IMAGING at the latest within fourteen (14) days of his decision to withdraw

RICOH IMAGING will then refund the customer in full within fourteen (14) days from the date it is informed of the customer's decision to withdraw. The refund may be deferred until the products have been returned to RICOH IMAGING or until the customer has provided proof of shipment of the products.

The refund will be made using the same payment method as the one used by the customer for the original transaction, unless the customer expressly agrees that RICOH IMAGING may use another payment method.

 

8.2 Exception to withdrawal

 

Products returned by the customer must be intact, unopened and in perfect condition. Products returned incomplete, damaged, deteriorated or soiled by the customer will not be reimbursed, as well as products unsealed by the customer by virtue of the exception to the right of withdrawal provided for in point 5 of article L.221-28 of the Consumer Code.

 

By virtue of the exception provided for in point 3 of article L.221-28 of the French Consumer Code, the right of withdrawal shall not apply to orders for products that have been personalised or specifically requested by the customer at the time of ordering.

 

Article 9: Conformity - guarantee

9.1 Legal guarantees

RICOH IMAGING is bound, for all products sold on its website, to the application of the legal guarantees of conformity (articles L.217-3 to L.217-17 of the French Consumer Code) and hidden defects (articles 1641 to 1649 of the French Civil Code) under the conditions provided for by law.

 

RICOH IMAGING informs the customer that, when acting under the legal guarantee of conformity:

- he has a period of two (2) years from the delivery of the goods to act;

- he can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L.217-12 of the French Consumer Code;

- he is exempted from proving the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods.

The legal warranty of conformity applies independently of any commercial warranty granted by RICOH IMAGING.

It is recalled that the customer may also decide to implement the guarantee against hidden defects of the product sold within the meaning of Article 1641 of the Civil Code and that in this case he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.

 

In the case of refurbished second-hand products, the customer has a period of twelve (12) months from the delivery of the goods to act under the legal guarantee of conformity.

 

If the delivered products do not conform to the products ordered by the customer or if they have hidden defects, the customer should send an e-mail to RICOH IMAGING's Customer Service via the contact form to notify RICOH IMAGING of the non-conformity or the hidden defects of the product(s) as soon as possible. RICOH IMAGING's Customer Service will acknowledge receipt of the customer's request and confirm the procedure to be followed. Upon receipt of RICOH IMAGING's Customer Service instructions, the customer will return the defective or defective products to RICOH IMAGING at the address indicated on the return label.


Reminder of articles L.217-3, L.217-4 and L.217-5 of the French Consumer Code, and articles 1641 and 1648, first paragraph, of the French Civil Code:

 

"Article L.217-3 of the French Consumer Code:

The seller shall deliver a property that complies with the contract and the criteria set out in Article L. 217-5.

He shall be liable for defects in conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within a period of two years as from the latter.

In the case of a contract for the sale of goods with digital elements:

1° Where the contract provides for the continuous supply of digital content or a digital service for a period of two years or less, or where the contract does not specify the period of supply, the seller shall be liable for any lack of conformity of the digital content or digital service which becomes apparent within two years of delivery of the goods;

2° Where the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller shall be liable for any lack of conformity of that digital content or digital service that appears during the period in which it is supplied under the contract.

For such goods, the applicable time limit does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 217-19.

The seller shall also be liable, within the same time-limits, for any lack of conformity resulting from the packaging, the assembly instructions or the installation, where the latter was his responsibility under the contract or was carried out under his responsibility, or where the incorrect installation carried out by the consumer as provided for in the contract is due to shortcomings or errors in the installation instructions supplied by the seller.

This guarantee period shall apply without prejudice to Articles 2224 et seq. of the Civil Code. The starting point of the limitation period for the consumer's action shall be the day on which the consumer becomes aware of the lack of conformity.”

 

"Article L.217-4 of the French Consumer Code:

The property is in conformity with the contract if it meets the following criteria, where applicable

1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability or any other characteristic provided for in the contract;

2° It is fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and accepted by the latter;

3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;

4° It is updated in accordance with the contract.”

 

"Article L.217-5 of the French Consumer Code:

I.- In addition to the criteria of conformity with the contract, the good is in conformity if it meets the following criteria:
1° It is fit for the use normally expected of a good of the same type, taking into account, where appropriate, any provisions of European Union and national law as well as any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2° Where applicable, it has the qualities which the seller presented to the consumer in the form of a sample or model before the conclusion of the contract;

3° Where applicable, the digital elements it contains are provided in the most recent version available at the time the contract is concluded, unless the parties agree otherwise;

4° Where appropriate, it is delivered with all the accessories, including packaging, and installation instructions that the consumer may legitimately expect;

5° Where applicable, it is provided with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19;

6° It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the goods as well as public statements made by the seller, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or on labelling.

II - However, the seller shall not be bound by any of the public declarations mentioned in the preceding paragraph if he demonstrates:
1° That he did not know them and was not legitimately in a position to know them;

2° That at the time of the conclusion of the contract, the public statements had been corrected under conditions comparable to the initial statements; or

3° That the public statements could not have influenced the purchase decision.

III - The consumer may not contest the conformity by invoking a defect relating to one or more particular characteristics of the goods which he was specifically informed deviated from the conformity criteria set out in this article, and to which he expressly and separately agreed at the time of conclusion of the contract.”

 

"Article 1641 of the French Civil Code:

The seller shall be liable for any hidden defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given only a lower price for it, if he had known of them.”

"Article 1648 of the French Civil Code, first paragraph:

The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.”

 

 

Article 10: Complaints - information

For any information, complaint or question relating to the conditions of mail order sales set up by RICOH IMAGING or to the products themselves, customers should contact RICOH IMAGING's Customer Service via the contact form by quoting their order number.

 

 

Article 11: Electronic files - protection of privacy

RICOH IMAGING, acting as data controller, has set up an electronic file which records certain personal data relating to its customers (surname(s), first name(s), address, e-mail address, telephone). This information is necessary for the management of orders and deliveries as well as for the organisation of commercial prospecting operations (sending of newsletters, product information, promotions and other marketing activities), subject to the customer's consent where applicable.

When a new customer places an order on the Website, this database will be enriched with information about the customer, which will also make it possible to better meet the customer's expectations and facilitate the assistance services provided by the Customer Service.

The data collected is intended for the sales and marketing department of RICOH IMAGING, its possible subcontractors, partners and companies affiliated to the RICOH Group.

RICOH IMAGING may use personal data through KLAVIYO to analyse the interests and preferences of its consumers in order to provide them with tailored communication and offers.

Data for commercial prospecting purposes will be kept for three (3) years from the last order.

In accordance with the French Data Protection Act n°78-17 of 6 January 1978 as amended and the General Regulation on the Protection of Personal Data n°2016/679/EU of 27 April 2016, the customer has the right to access, rectify and delete all or part of the personal data concerning them. The customer also benefits from a right to object on legitimate grounds, a right to limit the processing and portability of personal data and a right to issue post-mortem advance directives. For processing based on the collection of consent, the customer may withdraw consent at any time. The customer may exercise these rights by sending a simple request, together with a copy of an identity document, by e-mail to: info@eu.ricoh-imaging.com

The customer is informed that he/she also has the possibility of lodging a complaint with the CNIL.

 

You are also informed that, in the context of your order, the "Fraud Expert" solution is used in addition to the processing of remote payments. Your personal data is processed by SHOPIFY for the purpose of preventing and combating fraud (determining the level of risk associated with a transaction, detecting and managing any resulting alerts, informing merchants so that they can make decisions, "human" verification of transactions presenting a certain level of risk, modelling the score).

The collection of some of your personal data is mandatory for this purpose. Otherwise, your transaction could be delayed or made impossible, and your order cancelled.
In addition, fraud may result in the registration of certain personal data concerning you in a dedicated file implemented by SHOPIFY. This file is intended to keep a record of previous frauds, in particular to feed the risk assessment criteria associated with transactions and the score models used for this purpose. An entry in this file could also result in you being assigned an increased risk when you place a future order with a merchant in the same sector of activity who has chosen the "Fraud Expert" solution, and consequently lead to the possible rejection of this order.

In accordance with the provisions relating to the protection of personal data, you have the right to question, access and rectify your data for the "Fraud Expert" solution, as well as the right to object on legitimate grounds to your data being processed in this way, which you can exercise by post to SHOPIFY - Legal department "protection of privacy" SHOPIFY - Service juridique « protection de la vie privée » 151 rue O’Connor, Rez-de-chaussée, Ottawa, Ontario K2P 2L8, Canada or by e-mail at assistance@shopify.com

 

In addition, in accordance with Article L. 223-1 of the French Consumer Code, the customer has the possibility of registering on a list of opposition to telephone solicitation.

 

 

Article 12: Intellectual property rights

The trademarks and logos "Ricoh" or "Pentax" are protected by intellectual property rights. The same applies to all distinctive signs belonging to the RICOH Group. Any total or partial reproduction, modification or use of these trademarks or logos or in general of a distinctive sign belonging to the RICOH Group for any reason and on any medium whatsoever, without the express prior consent of the RICOH Company Ltd. is strictly forbidden. The same applies to any combination or conjunction with any other trademark, symbol, logo or any other distinctive sign intended to form a composite logo.

The same applies to all copyrights, designs and patents which are the property of the RICOH Group.

 

Article 13: Force majeure

RICOH IMAGING's performance of all or part of its obligations shall be suspended in the event of an act of God or force majeure that hinders or delays their performance.

This includes any event beyond its control that could not reasonably be foreseen at the time of the order and whose effects cannot be avoided by appropriate measures, in accordance with Article 1218 of the French Civil Code.

 

RICOH IMAGING will inform the customer of such a case of force majeure within seven (7) days of its occurrence. In the event that this suspension continues beyond a period of fifteen (15) days, the customer will have the option of cancelling the order in progress and will then be reimbursed.

 

Article 14: Disputes - applicable law - mediation

These general terms and conditions of sale are subject exclusively to French law.

In the event of a dispute regarding their interpretation and/or execution, the customer is required to address his or her complaints in writing to RICOH IMAGING's Customer Service by registered mail with return receipt to RICOH IMAGING EUROPE S.A. S, 7-9 avenue Robert Schuman, 94150 Rungis (France).

In the event that the request for a complaint to the Customer Service s unsuccessful or in the absence of a response from this department within two (2) months from the date of receipt of the written complaint, the customer may refer the matter free of charge to the following consumer ombudsman, who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution, in accordance with Articles L.611-1 et seq. of the Consumer Code.

Referral to the mediator must be made:

- by completing the form provided for this purpose on the http://www.anm-conso.com
- either by mail addressed to:
Consumer Mediation
ANM CONSO
62, rue Tiquetonne
75002 Paris (France)

The customer must submit his or her request to the mediator within one (1) year of the written complaint to RICOH IMAGING.

The client remains free to initiate, accept or refuse recourse to mediation. In case of recourse to mediation, the parties remain free to accept or refuse the solution proposed by the mediator.

 

If mediation or any other method of out-of-court settlement fails, any dispute shall be submitted to the exclusive jurisdiction of the French courts designated in accordance with French procedural rules.

__________________________________________

ANNEX:

Model withdrawal form