1. Scope and modification of the terms and conditions of sale - ONLINE-SHOP WWW.ROOF.FR

The purpose of these terms and conditions of sale is to define the rights and obligations of the parties with regard to online orders placed on the site www.roof.fr.

These terms and conditions express the entirety of the parties' obligations. This being the case, the buyer is deemed to have accepted them without reservation.

These terms and conditions of sale apply to the exclusion of all other terms, including those applicable to sales in shops or through other distribution and marketing channels.

ROOF International reserves the right to adapt or modify these terms and conditions of sale at any time. If they have been modified, the terms and conditions of sale in force on the date of the order will be applied to each order.



2. What we offer

Prices are shown in Euros (€) and include French VAT applicable on the day of the order. Any change in the applicable VAT rate will be automatically reflected in the price of products in the online store.

All offers of products, services and delivery methods at the prices shown in Euros (€) are valid in mainland France while stocks last.

For orders from other countries in the European Union, the VAT rate applied is the same as that in France. Any additional shipping costs will be shown when the delivery method is chosen.

If there are any questions about shipping costs for orders from outside the European Union or from French overseas departments and territories, please contact our sales team directly by email at web@roof.fr or by telephone on +33 (0)4 92 97 29 12.

A description giving the main characteristics of the product can be found on each item that we sell. Some minor variations may occur, however, and our customer service department should be contacted where there is any doubt.

Our teams do their utmost to provide the most accurate data on the products on sale by means of the photographs or 3D images used to present them. Even so, variations may occur, due in particular to technical limitations, colour reproduction or customers' equipment (internet browser, screen used). ROOF International therefore recommends the customer to refer to the description of the products on the site to find out about their main characteristics.

None of the online photographs on www.roof.fr are legally binding.

Unless a guarantee is involved, no transaction between ROOF International and its customers that is not challenged within 14 days of delivery can give rise to any claim.



3. Pre-contract information

The buyer acknowledges receipt of all the information specified in Article L. 221-5 of the French Consumer Code, presented in a readable and understandable form, prior to placing the order and concluding the contract.

The buyer declares that (s)he has read these terms and conditions of sale and has accepted them without reservation before buying the product in question and prior to placing the order. This being the case, (s)he is subject to the terms and conditions of sale in accordance with the provisions of Article 1119 of the French Civil Code.



4. Order and validation

The order can only be recorded on the site if the buyer has submitted clear identification either by entering a strictly personal username and password, or by creating an account on www.roof.fr if (s)he has not yet registered.

The buyer can place an order online, primarily from the catalogue, for any product that features there, while stocks last.

Any order means that the prices and descriptions of the products on sale have been accepted.

For the order to be validated, the buyer must accept these terms and conditions by clicking on the spot indicated. (S)he must also select the address and delivery method, and finally validate the means of payment.

The customer acknowledges that (s)he has been informed that the commitment does not call for any handwritten or electronic signature.

Once the buyer has validated the order, it will be forwarded to our logistics division for processing. (S)he will receive a first automatic acknowledgment e-mail within the hour. The buyer can, at any time, obtain information about the order by contacting ROOF International at www.roof.fr in the "contact us" section at the bottom of the page, by e-mail to web@roof.fr, by phone on +33 (0)4 92 97 29 12 (local call rate) from Monday to Friday from 9 a.m. to 12:30 p.m. and from 2 p.m. to 5 p.m. or by post to:

ROOF INTERNATIONAL
2463, route de la Fénerie
06580 PEGOMAS
France

The sale will be considered final:

  - After the buyer has been sent an e-mail confirming the seller's acceptance of the order;
  - And after the seller has received the payment in full.



5. Payment and security

Card payment is made on the secure payment interface of our partner MONETICO, a member of the Crédit Mutuel-CIC group. This ensures that no banking details can be misused by any third party. ROOF International certifies that it does not retain any bank details entered during the ordering process. Your bank card details are encrypted using the TLS (Transport Layer Security) protocol and are never transmitted over the network unencrypted. Payment is made directly through the bank. ROOF International never has access to these details and does not keep them on its servers. That is why you have to re-enter your details for each new transaction on our website.

The products remain the property of ROOF International until ROOF International has received full payment for the order.

ROOF International reserves the right to refuse to make a delivery or to honour an order from a consumer:

  - who has not fully or partially paid for a previous order or with whom a payment dispute is ongoing;
  - in the event of an incorrect address or any other problem caused by the buyer.

Keeping your orders on www.roof.fr secure is a major concern, which is why orders are checked before shipment. As part of this checking and in order to combat fraud and the theft of means of payment on the Internet, ROOF International may ask the customer to provide documentary proof of identity and address. The shipping time for your order may be delayed, depending on the date when the documents are received. If the document check is positive, the order will be confirmed. Otherwise, or if the documents are not received, ROOF International reserves the right to cancel the order. It will then be cancelled, and the money will be refunded later.



6. Delivery terms and times

Delivery will only take place after confirmation of payment by the seller's bank.

For Metropolitan France, we offer on www.roof.fr two methods of delivery for use by the carrier DPD.

Here are the shipping costs :

 

Shipping costs inclusive of taxes

 

Basket < €100 inclusive of taxes

Basket between €100 and €150 inclusive of taxes

Basket > €150 inclusive of taxes

METROPOLITAN FRANCE

DPD RELAIS

Pick-up point 48 hours

7,90 €

4,90 €

0 €

DPD PREDICT

Home address or place of work 48 hours

9,90 €

6,90 €

3,90 €

EURO 1Germany - Belgium - Luxemburg - Netherlands

12,90 €

9,90 €

6,90 €

EURO 2Austria - Spain - Great Britain - Italy15,90 €12,90 €9,90 €
EURO 3 & 4Croatia - Denmark - Estonia - Hungary - Ireland - Latvia - Lithuania - Poland - Portugal - Czech Republic - Slovakia - Slovenia - Sweden23,00 €23,00 €23,00 €
EURO 5Greece - Finland - Bulgaria - Romania35,00 €35,00 €35,00 €

For Corsica and the islands off the French coast, a supplement of €17 inclusive of taxes per package will be applied.

For areas that are difficult of access and some mountainous areas, a supplement of €5 inclusive of taxes per package may be applied.

For any shipment to a destination outside Metropolitan France, shipping costs, which vary according to the amount of the order, the weight of the goods and any customs duties and taxes, will be added to the order.

These rates may be affected by special commercial operations. The times are shown in working days and are given as an estimate.

The products are delivered to the address indicated by the buyer when ordering. The buyer is responsible for checking the condition and contents of the package in the carrier's presence so as to lodge an immediate claim in the event of damage or theft of its contents during transit.

Every parcel returned to the seller because of an incorrect or incomplete delivery address will be sent out again at the buyer's expense. The buyer can ask for an invoice to be sent to the billing address rather than the delivery address by confirming the option provided for that purpose on the order form.

Orders cannot be delivered on public holidays.

Delivery to a pick-up point with the DPD RELAIS service:

The pick-up points are local traders. You can therefore choose to have the delivery made to a pick-up point that is near your home or your workplace. As soon as your package has been left at a pick-up point, you will receive an SMS and/or an e-mail to notify you. To collect your parcel, you will need to bring some ID with you, and your parcel will then be handed over to you against a signature. Carriers do not generally deliver to pick-up points on Mondays because many businesses are closed on that day. Accordingly, the delivery time shown takes into account the fact that the working days are from Tuesday to Saturday.

Home delivery with the DPD PREDICT service:

When ordering on www.roof.fr, the buyer is given a choice of several delivery dates. (S)he receives an SMS offering 2 delivery dates. (S)he responds by SMS by entering "1" or "2". The buyer can also connect to his/her DPD Parcel Navigator to access a wider choice of delivery dates and methods and to manage them more easily from there. (S)he must make the choice before 11:00 p.m. DPD will confirm the appointment by sending the buyer an SMS. The buyer will be sent another SMS on the morning of delivery to specify a one-hour time slot in which the package will be delivered.

If an unforeseen transport problem occurs, the buyer will be informed. Another date will be offered and scheduled.



7. Transfer of risk

The seller is released from a delivery that is entrusted to an independent carrier in accordance with the buyer's choice.

The buyer must then give that carrier the delivery address.

Delivery is deemed to have been made upon handover of the products ordered by the seller to the carrier. However, from the time of delivery onwards, the risks pertaining to the goods delivered are transferred to the customer.

Accordingly, the buyer can make no guarantee claim against the seller if the goods in transit are not delivered.



8. Right of withdrawal and return of products

The right of withdrawal can be exercised online within 14 days, particularly if use is made of the form on the ROOF International website to be found at the following address: https://www.roof.fr/img/cms/forms/order-cancellation-form.pdf. This form must be e-mailed to the address web@roof.fr and be printed out and attached to the package of the product being returned.

An acknowledgment of receipt on a durable medium will then be sent immediately to the buyer. Any other means of declaring a withdrawal is acceptable. It must be unambiguous and express the wish to withdraw.

Purchases made on the www.roof.fr site are covered by a "satisfied or refunded" guarantee. If a product ordered on www.roof.fr is not suitable or does not come up to your expectations, you have the option of returning it to us for exchange, credit or a refund.

If you are not satisfied with the product that was delivered, you have 14 days from receipt in which to return the items in pristine condition. All items must be returned to us new, clean, unused, functional and complete in their original packaging, along with any accessories supplied. Any product returned incomplete or damaged will always be rejected by our departments.

ROOF International is obliged to reimburse the buyers of returned products once the return has been checked and confirmed by our departments. After the returned products have been checked, any return that is taken back by ROOF International will give rise, at the buyer's choice, either to a refund or a credit voucher (valid for a period of 6 months) made out to the buyer, or to a replacement product. If a product is exchanged, the shipping costs of the new product chosen by the buyer will be borne by ROOF International. The difference in the price of the products will either be refunded to the buyer if the price of the new product chosen is lower than that of the one originally ordered, or it must be paid by the buyer if the price of the new product is higher than that of the one ordered originally.

Since your satisfaction is our main concern, ROOF International offers you the return facility for any product costing over €45 inclusive of taxes. To arrange the return of your product, you can make the request by e-mail to web@roof.fr or by telephone on +33 (0)4 92 97 29 12.

The reimbursement period for an order or product(s) is 14 days from the date of withdrawal.



9. Guarantee on online-shop www.roof.fr

The products sold on online-shop www.roof.fr are covered by a commercial guarantee ensuring that they are of good quality and providing for reimbursement of the purchase price or for replacement or repair of the goods. It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.

All products sold on online-shop www.roof.fr are guaranteed for one year, except for iridium-coated screens, which are excluded from any guarantee.

Damage and defects caused by natural and normal wear and tear, by external accident or by technical interference by a third party or the buyer are excluded from the guarantee. Any material that is physically damaged is no longer under guarantee.

Independently of the guarantee thus granted, ROOF International guarantees that the goods conform to the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code and [under the legal guarantee] against redhibitory defects or latent flaws in the item sold, as provided for in Articles 1641 et seq. and Article 2232 of the Civil Code.

Reminder: if the legal guarantee of conformity is implemented:

  - The buyer has a period of two years from the delivery of the goods in which to act;

  - The buyer can choose between repair or replacement of the product, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;

The buyer is not required to provide proof of the lack of conformity in the product during the six months following its delivery.

The legal guarantee of conformity applies independently of the above-mentioned commercial guarantee.

The buyer may decide to use the guarantee against latent defects in the item sold within the meaning of Article 1641 of the Civil Code. In that eventuality, (s)he can opt for cancellation of the sale or for a price reduction, in accordance with Article 1644 of the Civil Code.

These guarantees are to be taken up with ROOF International at the following address: 2463, route de la Fénerie – 06580 – PEGOMAS

A reminder of the main texts that are relevant:

ARTICLE L.217-4 of the Consumer Code:

"The seller is required to deliver a product that conforms to the contract and shall be liable for any lack of conformity that exists upon delivery.

"It shall also be liable for any compliance issues resulting from the packaging, assembly or installation instructions when it is the seller's responsibility according to the contract or is carried out under its responsibility."

ARTICLE L.217-5 of the Consumer Code:

The product is in accordance with the contract:

1. If it is suitable for the purpose usually associated with such a product and, where applicable:

- if it matches the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model;

- if it has the features that a buyer might reasonably expect given the public statements made by the seller, the producer or its representative, and particularly through advertising and labelling;

2. Or if it has the characteristics defined by the parties by mutual agreement or is suitable for any special purpose that was sought by the buyer, was made known to the seller and which the latter accepted.

ARTICLE L.217-12 of the Consumer Code:

"Any action resulting from a lack of conformity shall lapse two years after delivery of the product."

ARTICLE L.217-16 of the Consumer Code:

"When the buyer asks the seller, during the validity of the commercial guarantee that was granted to him/her at the time of the purchase or repair of a movable product, to carry out a repair covered by the guarantee, any period of shutdown of at least seven days' duration shall be added to the remaining guarantee period. This period shall run from the buyer's request for intervention or from the provision for repair of the product in question, if that provision is subsequent to the intervention request."

ARTICLE 1641 of the Civil Code:

"The seller is bound by a guarantee against latent defects that make the item sold unfit for its intended use, or which reduce this use to such an extent that the buyer would not have acquired it, or would have paid a lower price, had (s)he been aware of them."

ARTICLE 1648 of the Civil Code:

"Any action resulting from redhibitory defects must be brought by the purchaser within two years of discovering the defect.

"In the event provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller may be released from responsibility for apparent defects or lack of conformity."



10. Mediation

Since 1 January 2016, all consumers have had the right of recourse, free of charge, to a consumer mediator for the amicable resolution of a dispute between them and a professional (Articles L.211-3, L.616-1 and R.616-1 of the Consumer Code).

The e-commerce mediator is FEVAD (the Federation of E-commerce and Distance Selling), which has its head office at the following address:

60 rue de la Boétie – 75008 – PARIS

www.fevad.com

The buyer can use any alternative means of resolving differences in the event of a dispute.



11. Provisions of the Data Protection Law

The personal data that buyers provide are needed to process their orders and prepare invoices. They can be passed on to ROOF International's partners that are responsible for the execution, processing, management and payment of orders.

Cookies are deployed as an aspect of site usage. Users can disable the cookies from their browser settings.

You are entitled to access, modify, correct and delete data concerning you at any time (ARTICLE 34 of the Data Protection Law - Loi «Informatique et Libertés» of 6 January 1978).

You retain the ability to terminate ROOF International's commercial prospecting, free of charge and at any time, by clicking on the "unsubscribe" link at the bottom of each e-mail, by connecting to the site www.roof.fr in your customer area, by e-mailing us (web@roof.fr) or by sending us a letter at the following address: 2463, route de la Fénerie – 06580 – PEGOMAS.



12. Use of the site www.roof.fr

ROOF International is at no time responsible if the buyer cannot access the site www.roof.fr, especially if maintenance operations are in progress or if access is interrupted, or if any fault beyond the seller's control prevents a reservation from being made.



13. Liability and dispute resolution

ROOF International cannot be held responsible for inconvenience and damage stemming from use of the Internet, including any break in transmission, the presence of computer viruses or external breaches or, more generally, all cases attributed to force majeure by the courts.

It is the buyer's responsibility to ensure that the contact details (s)he provides when ordering online are correct. Under no circumstances can ROOF International be held liable if the buyer does not receive confirmation of the order, the relevant invoice or the product ordered because of an error that (s)he made when entering his/her contact details.



14. Force majeure

All circumstances outside the parties' control that prevent the performance of their duties under normal conditions are deemed to be grounds for releasing the parties from their obligations and entail their suspension.

The party citing the circumstances referred to above must immediately notify the other party of their onset and of their cessation.

All irresistible facts or circumstances that are external to the parties, unforeseeable, unavoidable, outside the parties' control and which cannot be prevented by them despite all reasonable efforts shall be regarded as instances of force majeure. Transport or supply blockages, earthquakes, fires, storms, floods, lightning, etc. are explicitly held to be cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of the French courts and tribunals.

The parties shall meet to examine the impact of the event and agree on terms for continuing the contract. If the force majeure event lasts more than three months, the present terms and conditions may be terminated by the injured party.



15. Copyright and intellectual property rights

The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, the sole holder of the intellectual property rights to the content.

In keeping with the law of 11 March 1957, any reproduction, even partial, of items on the site www.roof.fr requires ROOF International's prior written consent.

www.roof.fr is the property of the company ROOF International.



16. Partial non validation

If one or more provisions of these terms and conditions are held to be invalid or declared to be such under any law or regulation or after a final ruling by a competent court, the remaining provisions shall remain in full force and scope.



17. Applicable law

If a dispute arises, an amicable solution is to be sought before any legal action is taken. Failing this, any legal action shall be brought before the competent courts, which the plaintiff can choose when applying, i.e. the court at the place where the defendant resides, the place to which the item was actually delivered or the place where the service was performed.

These terms and conditions are subject to French law.

ROOF INTERNATIONAL

R PR1.005-A - 23-10-2020


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