General conditions of sale
This website is operated by Expert Flags. Throughout the site, the terms "we", "us" and "our" refer to Expert Flags.
Flags Expert offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting this site and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
GENERAL CONDITIONS OF SALE - CONSUMER CUSTOMER
Article 1 – GENERAL PROVISIONS – SCOPE OF APPLICATION
1.1 These General Terms and Conditions of Sale (“the GTC”) determine the rights and obligations of the parties in the context of the online sale of Products offered by the company operating this website (“the Company”).
1.2 Any Order placed on the website andxpert-drapeaux.fr assumes the prior and unconditional acceptance of these General Terms and Conditions of Sale, which are subject to French law. These General Terms and Conditions of Sale are therefore an integral part of the Contract between the Customer and the Company. They are fully enforceable against the Customer who declares having read and accepted them, without restriction or reservation, before placing the Order.
1.3 These General Terms and Conditions apply to any Order placed by a natural person of full age acting as a consumer. The Customer therefore certifies that he or she is a natural person over 18 years of age, acting for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity.He acknowledges having full capacity to commit when he places an Order and undertakes to provide truthful information regarding his identity.
1.4 EXCLUSION: Persons acting in a professional capacity, i.e. natural or legal persons, public or private, who act for purposes falling within the scope of their commercial, industrial, craft, liberal or agricultural activity, including if they act in the name of or on behalf of another professional, are expressly excluded from the scope of these General Terms and Conditions. Professionals who wish to place an Order with the Company are invited to contact us directly.
1.5 The General Terms and Conditions applicable to each Order are those in force on the date of payment (or the first payment in the case of multiple payments) of the order. The Company reserves the right to modify them at any time by publishing a new version on its website. These General Terms and Conditions can be viewed on the Company's website: https://expert-flags.fr/
Article 2 - SPECIFICATIONS AND AVAILABILITY OF PRODUCTS
2.1 Product specifications
The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's websites, as well as, where applicable, information on the use of the product. Although the Company takes reasonable care to ensure that the specifications are accurate, said specifications, subject to certain exceptions, such as pricing information, are provided by the Company's suppliers. Consequently, the Company declines all liability for any errors that may be contained in the Specifications. The Specifications are presented in detail and in French. The Parties agree that the illustrations, videos or photos of the products offered for sale have no contractual value. The period of validity of the offer of the products as well as their prices are specified on the Company's websites.
2.2 Availability of Products
Product offers are valid within the limits of available stocks at our suppliers. This availability of products is normally indicated on the specific page of the Product. However, to the extent that the Company does not reserve stock (except in special cases of Products indicated as pre-ordered on the Product sheet), adding a Product to the basket does not absolutely guarantee the availability of the Product or its price. In the event that a product becomes unavailable after validation of the Customer's Order, the Company will inform the Customer immediately by email. The Order will be automatically cancelled and the Company will refund the price of the Product initially ordered, as well as any sum paid for the Order. However, if the Order contains Products other than the one that has become unavailable, these will be delivered to the Customer and the delivery costs will not be refunded.
Article 3 – PRICE OF PRODUCTS
3.1 Reference prices indicated on the sites
The reference price of the products offered on the site is the price recommended by the brand, the manufacturer or its official representative. Failing this, it is a price determined according to the prices at which the product is commonly sold in a range of brands distributing it. This price is updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for the product or as soon as the price practiced within the range of brands is modified.
3.2 Modification of prices indicated on the sites
Product prices are indicated on the product description pages. For orders to a member country of the European Union, they are indicated inclusive of all taxes and include VAT at the rate in force in the country of delivery of the end customer. For orders to third countries (including the French Overseas Territories), they are indicated exclusive of tax, customs duties and any shipping costs. The Company reserves the right to modify product prices at any time, in compliance with applicable legislation. The products ordered will be invoiced on the basis of the price in force on the site at the time the Order is validated.
3.3 Product prices
The prices of the Products sold through the Website are indicated in EURO, including all taxes. The taxes included correspond to the standard VAT in force in the Customer's country of dispatch. Apart from customers whose delivery address is located in a state of the European Union, the prices of the Products do not include import taxes or customs duties, which must be paid in addition and will be entirely the responsibility of the Customer, who is liable for these taxes as the recipient of the Product. The prices of the Product(s) do not include the costs of packaging, shipping, transport, insurance and delivery of the Product(s) to the delivery address.
3.4 Payment of taxes
For deliveries within the European Union, prices are clearly indicated inclusive of all taxes and include VAT at the rate in force in the country of delivery indicated by the customer during the payment process (delivery address), so no tax is required at the time of delivery for Customers whose delivery address is in the European Union. For Customers whose delivery address is outside the European Union, the Customer is solely responsible for the process of declaring and paying import taxes when clearing the Product through customs. The Customer may be asked to pay import taxes depending on the country to which it is delivered. To the extent that this tax is not the responsibility of the Company, it cannot be held liable for reimbursement of this tax. For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. The Company has no control over these rights and amounts. They will be the responsibility of the Customer and are his/her responsibility (declarations, payment to the competent authorities, etc.). The Company therefore invites the Customer to inquire about these aspects with the corresponding local authorities.
Article 4 – PAYMENT OF THE PRICE OF THE PRODUCTS
4.1 Time of payment
Payment of the full price of the Order must be made immediately after validation of the Order. The Company may, exceptionally, grant payment in several installments, in particular with regard to the amount to be paid and its knowledge of the Customer concerned. However, the Company is under no obligation to grant such payment terms. In the event of a special situation, the Customer may request this by contacting the Company's Customer Service at the following address: contact@expert-flags.fr.
4.2 Payment methods
To pay for his Order, the Customer can choose between different payment methods: Payment by bank card: Only bank cards linked to a banking institution located in France or international bank cards (Visa, MasterCard, American Express and Maestro) are accepted. The Customer guarantees the Company that he has the necessary authorizations to pay with the bank card used. He expressly acknowledges that the commitment to pay given by card is irrevocable and that the communication of his bank card number constitutes authorization to debit his account up to the total amount corresponding to the Products ordered. The amount will be debited at the time of validation of the Order. Payments by bank card are made via a secure payment platform and the information on the bank cards communicated benefit from the SSL encryption process. Payment via Paypal Payment by Paypal is no longer accepted at the moment. It is emphasized that in the event of use of this payment method, the General Conditions of Use of Paypal, which are available on their site, are added to these GTC. Payment by vouchers and/or promotional codes The vouchers and/or promotional codes issued by the Company may be used to pay for all or part of the Order. These vouchers and/or promotional codes are only valid once. In the event of an attempt to fraudulently use the vouchers and/or promotional codes, the Company may cancel the Order outright. Generally speaking, in the event of refusal of payment authorization by officially accredited organizations or in the event of non-payment of the Order, the Company reserves the right to suspend and/or cancel said Order. The Company reserves the right to suspend any of the payment methods at any time, in particular in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Customer concerning a previous Order. The Company reserves the right to set up an Order verification procedure intended to ensure that no person uses another person's bank details without their knowledge. As part of this verification, the Customer may be asked to send by email or by post to the Company a copy of an identity document, proof of address and a copy of the bank card used for payment. Precise information on the exact content of the information requested (to preserve the confidentiality of its data) will be communicated to the Customer in the event of verification. The order will only be validated after receipt and verification of the documents sent.
Article 5 - DELIVERY – CUSTOMS CLEARANCE – RECEIPT
5.1 Delivery
Before validating the Order, the Company will provide the Customer with information regarding the various delivery methods and their respective rates. Following the Customer's choice of delivery method, the Company will provide them with an estimate of the delivery time. The Company will make every effort to ensure that the Product(s) are delivered no later than the scheduled delivery date. In the event of a difficulty, the Company undertakes to communicate quickly with the Customer to inform them and seek an appropriate solution with them. Air transport, shipping and/or delivery of the Product(s) will be fully covered by the Customer ("Delivery Costs"). These delivery costs are included in the final price invoiced to the Customer when the Order is placed. However, any customs fees are not included in the price invoiced to the Customer by the Company.Depending on the terms chosen by the Customer, delivery will be made either to the address specified by the Customer or, where applicable, to a relay point chosen by the Customer from the list of available points. It is therefore the Customer's responsibility to carefully check the information provided for delivery as they remain solely responsible in the event of failure to deliver due to incomplete or incorrect information.
5.2 Customs clearance (for deliveries outside the EU)
When purchasing, the Customer becomes the importer of the purchased product in his capacity as recipient of the Product. He is therefore particularly responsible for the import processes and any customs clearance of the product at the local customs offices. Depending on the price of his order, he may be asked to pay customs duties. The Customer is solely responsible for the customs duty declaration process when clearing the Product. These customs duties, which are not invoiced to the Customer by the Company, are not the responsibility of the Company. The latter cannot therefore be held liable for the reimbursement of these duties.
5.3. Reception
Upon receipt of the Product, the Customer undertakes to check that the Product is complete and that it is not damaged. If an anomaly is found, the Customer must contact the Company's Customer Service within seven days of the date of receipt of the Product. Any claim filed after this time limit may not be processed.
Article 6 – WITHDRAWAL
6.1 Principle and deadline
The Customer has the right to withdraw, without giving any reason, within fourteen (14) calendar days from the date of receipt of his Order. In the event of an Order for several Products, the period runs from the receipt of the last Product. In the event of exercising the right of withdrawal within the aforementioned period, the price of the Product(s) purchased and the shipping costs will be refunded, with the return costs remaining the responsibility of the Customer.
6.2 Exclusions
In accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the following contracts: For the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period; For the supply of goods made to the consumer's specifications or clearly personalized; For the supply of goods likely to deteriorate or expire rapidly; For the supply of goods that have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection; For the supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items; For the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional; Of maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency; Of supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery; Of supply of a newspaper, periodical or magazine, except for subscription contracts to these publications; Concluded at a public auction.
6.3 Methods of exercising the right of withdrawal
To exercise his right of withdrawal, the Customer must inform the Company of his intention to withdraw either by sending an unambiguous declaration expressing his intention to withdraw within the 14-day period mentioned above, to the address: contact@expert-flags.fr. The Customer has a period of 14 days from the sending of the notification of withdrawal to return the Product to the Company in its original packaging, the return costs being the sole responsibility of the Customer. The Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to allow them to be put back on sale by the Company. In the event of receipt of opened, used, incomplete, damaged or soiled Products, the Company will not make any refund and may even, if it deems it necessary and appropriate, hold the Customer liable for depreciation of the Product. In the event of return of the Product under the conditions provided for by law, these General Terms and Conditions and our return and refund policy, the Company will refund the entire amount paid by the Customer, including delivery costs, within 14 days of the notification of withdrawal, unless the Product is returned afterwards. In this case, the Company will only refund after receipt and verification of the condition of the returned Product. This refund will be made using the same means of payment as that used by the Customer to pay for the Order, unless the Customer expressly agrees to another means of payment. In the event of payment by gift voucher/promotional code, the Customer will be refunded either by sending new gift vouchers/promotional codes for an amount identical to that paid in this form.
Article 7 – GUARANTEES
7.1 Legal guarantees
The Company remains liable for defects in conformity of the goods in accordance with the provisions of Articles L.217-4 et seq. of the Consumer Code as well as for hidden defects in the thing sold in accordance with Articles 1641 et seq. of the Civil Code. When acting within the framework of the legal guarantee of conformity (as provided for by Articles L.217-4 et seq. of the Consumer Code), the Consumer Customer: Benefits from a period of 2 years from delivery to act May choose between repair or replacement of the Product, subject to the cost conditions provided for by Article L.217-9 of the Consumer Code Is exempt from providing proof of the existence of the lack of conformity during the 24 months following delivery of the goods if the Product is new, and during the 6 months following delivery if the Product is sold second-hand. The Customer may also decide to act under the legal guarantee against hidden defects within the meaning of Article 1641 of the Civil Code, the Customer may choose between the resolution of the sale or a reduction in the price, in accordance with Article 1644 of the Civil Code. These legal guarantees apply independently of any contractual guarantee. Reproduction of applicable texts L.217-4 Consumer Code "The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed at his expense by the contract or carried out under his responsibility." L.217-5 Consumer Code “The good conforms to the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or in the labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.” L.217-9 Consumer Code “In the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer. » L.217-12 Consumer Code « The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. » 1641 of the Civil Code « The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known about them. » 1648 of the Civil Code « The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. […] »
7.2 Manufacturer Warranty
Some Products for sale on the Site benefit from a contractual guarantee granted by the supplier or manufacturer of the Product, to which the Company is not a direct party. The existence of this type of guarantee is mentioned, where applicable, on the specific page of the Product. If the Customer wishes to use this guarantee, he/she should notify the Company by contacting Customer Service and should consult the terms of application of the guarantee himself/herself, which are generally inserted in the box concerning the Product. It is recalled that the benefit of the Manufacturer's Guarantee does not prevent the application of the legal provisions concerning the legal guarantee of conformity and the legal guarantee of hidden defects.
Article 8 - PROTECTION OF PERSONAL DATA
As part of the commercial relationship, the Company, the data controller, collects a certain amount of mandatory personal data (including, in particular, surname, first name, delivery address, etc. which are marked with an asterisk) which are absolutely necessary for processing the Order, managing the commercial relationship, producing statistics and complying with the Company's legal and regulatory obligations. They are kept for 5 years from the end of the Contract. Failure by the Customer to provide this information would make it impossible to process their Order. This data is intended for internal use by the Company but may be transmitted to companies that contribute to the performance of the service, including in particular those that deliver the Products or process payments.Regarding this personal data, the Client has several rights: Right of access to personal data concerning him/her; Right of rectification and deletion if the personal data is inaccurate, incomplete, ambiguous, outdated or if the collection, use, communication and storage of certain data is prohibited; Right to limit the processing of data, provided that this request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations; Right to object to the processing of data (in particular in the case of processing for commercial prospecting) Right to formulate post-mortem directives concerning the storage, deletion and communication of your personal data Right to withdraw consent to the carrying out of certain processing operations (processing operations carried out before the withdrawal of consent remain lawful). To exercise his/her rights, the Client may send a request to the Company, by email to contact@expert-flags.fr The request must include the Customer's email address, surname, first name, postal address and must be accompanied by a copy of both sides of the Customer's identity document. A response will be sent to the Customer within one month of receipt of the request.
Article 9 - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on a Product page, sales of Products on the site do not entail any transfer of intellectual property on the Products sold. The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their initial owner. No transfer of intellectual property rights is made through these T&Cs.
Article 10 - FORCE MAJEURE
The Company shall not be held liable for any failure to perform its obligations hereunder in the event of the occurrence of a fortuitous event or force majeure which would prevent the performance thereof. The Company shall notify the customer of the occurrence of such an event as soon as possible.
Article 11 – EXCLUSION OF LIABILITY
Notwithstanding anything to the contrary set forth herein, the Company shall not be liable in any way for any loss or damage resulting from improper use of the Product(s) by the Customer, including in particular any modification or alteration of the Product(s) not authorized by the Company.
Article 12 – SUSPENSION – TERMINATION OF ACCOUNT
The Company reserves the right to suspend or terminate the account of a Customer who contravenes the provisions of the General Terms and Conditions, or in general the applicable legal provisions, without prejudice to any damages that the Company may seek. Any person whose account has been suspended or closed may not subsequently order or create a new account on the Site without the prior authorization of the Company.
Article 13 – ARCHIVING – PROOF
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions. When each Order is placed, the Order summary is sent by email to the Customer and archived on the Company's website. The archiving of communications between the Company and the Customer is carried out on computerized records which are kept for 5 years under reasonable security conditions.These records, on which the exchanges are recorded on a reliable and durable medium, are considered as proof of the communications, orders, payments and transactions between the Customer and the Company. They may be produced as proof of the Contract. The archiving of communications, the order, the order details, as well as the invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the contract. The Customer will have access to the archived elements upon simple request at the address contact@e-flags.fr.
Article 14 - NULLITY AND MODIFICATION OF THE GTC
If any of the provisions of these T&Cs are null and void, they will be deemed unwritten, but will not result in the nullity of all contractual provisions. Any tolerance on the part of the Company, in the application of all or part of the commitments made under these T&Cs, whatever their frequency and duration, cannot constitute a modification of the T&Cs, nor generate any right whatsoever for the Customer.
Article 15 – APPLICABLE LAW AND DISPUTE RESOLUTION
These General Terms and Conditions are subject to French and European law. In the event of any difficulty, Customer Service is at your disposal to find an amicable solution. In the absence of a solution found directly with Customer Service, the European Commission has set up a dispute resolution platform intended to collect any consumer complaints following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following the following link: http://ec.europa.eu/consumers/odr/.