The retail website https://shop.theexplorers.com (hereinafter referred to as “the Website”) is published by THE EXPLORERS NETWORK (hereinafter “THE EXPLORERS”).
Customer Service contact details by e-mail: firstname.lastname@example.org and by telephone: 01 44 05 12 11
These General Terms and Conditions of Sale (hereinafter the “GTCS”) apply to all orders placed through the Website by non-professional buyers, natural persons with “consumer” status, within the meaning of the preliminary article of the French Consumer Code (hereinafter the “Customer(s)” or “you” or “your”), for the purchase of products presented on the Website (hereinafter the “Product(s)”) from THE EXPLORERS.
The GTCS only apply to Products delivered to Customers residing in one of the countries shown in the Appendix to these GTCS.
THE EXPLORERS reserves the right to adjust or amend these GTCS, the version of the GTCS applicable to any transaction being the one that appears online at the time of the order. THE EXPLORERS advises the Customer to read the GTCS very carefully each time they visit the Website and before each order.
If one or more provisions of the GTCS should be cancelled or invalidated, or declared as such by a law, regulation or final court ruling, the other provisions shall retain their full force and scope.
These GTCS are directly available to Customers and to any internet user in general by clicking on the “GTCS” link on every page of the Website. Any order placed by the Customer is subject to the consultation and prior and unreserved acceptance of the GTCS by the Customer by ticking the box next to the text: “By ticking this box, I accept the General Terms and Conditions of Sale”.
The ordering of Products by the Customer therefore implies the Customer’s full and unreserved acceptance of the GTCS. No special terms and conditions may prevail over these GTCS.
The Customer declares that they are a natural person with full legal capacity to enter into this contract, i.e. they are of legal age and not subject to a legal protection measure (guardianship or trusteeship) or considered to be an emancipated minor.
In respect of this, THE EXPLORERS reserves the right to ask the Customer at any time for ID credentials which prove their age and capacity.
THE EXPLORERS reserves the right to refuse any professional retailers the benefit of its offers and to cancel any orders placed on the Website by a professional or for a professional.
When the Customer registers their personal data in the “My Account” section, they must ensure that the required data they provide is accurate and complete. If there are any errors in the recipient’s contact details, THE EXPLORERS may not be held liable if the product cannot be delivered.
The Products for sale are those presented on the Website and they each have a description mentioning their key characteristics under Article L.111-1 of the French Consumer Code.
THE EXPLORERS takes the utmost care in presenting and describing these Products to provide customers with the best possible information.
However, the representations and photographs illustrating the Products are not contractual documents. They are as accurate and true to reality as possible, but for technical reasons (photographic and IT, including the lighting conditions when they are taken and the screens or web browsers used to view them), the actual rendering of the Products (including colour, sizes, textures and other characteristics) may sometimes differ from that of the photographs presented on the Website. The photographs and representations cannot be considered to be full size since screen resolution varies depending on the Customer’s equipment.
The Customer is advised to refer to each Product’s description to find out its specific key characteristics. If in doubt, or for further information or photographs, the Customer Service department can be contacted by e-mail at: email@example.com
In any case, if the delivered Product does not comply with its description on the Website, the Customer may either exercise their right of withdrawal described in Article 9 below or implement the guarantee provided by THE EXPLORERS, which shall, where appropriate, exchange it or refund (in whole or in part) the price that may have been charged.
The Products comply with the regulations on personal health and safety, fair trading and consumer protection that are in force when they are placed on the market.
The Product offers and prices are valid for as long as they appear on the site, while stocks last, excluding promotions indicated as such on the Website. Sales are concluded subject to the actual availability of the Products.
THE EXPLORERS makes every effort to keep information on the availability of Products on the Website up-to-date. Therefore, as a rule, only the Products available can actually be ordered.
Should a Product ordered prove to be unavailable, for reasons beyond the control of THE EXPLORERS, the Customer shall be notified immediately by e-mail or by telephone. The order shall be automatically cancelled and refunded. THE EXPLORERS reserves the right to offer the Customer a replacement Product of equivalent quality and price. If the Customer does not agree to this replacement Product, THE EXPLORERS shall refund the money paid within a maximum of fourteen (14) days following the cancellation of the order.
THE EXPLORERS also reserves the right to refuse or cancel an order when there are legitimate reasons such as a request or requests in abnormal quantities or any order from a Customer who has not paid for a previous order or with whom THE EXPLORERS has been in dispute over a previous order or orders.
The prices of the Products are given in Euros, inclusive of all taxes for mainland France, excluding delivery charges which are presented under a separate heading when ordering, depending on the characteristics of the order.
The delivery charges must be paid in addition to the price of the Products and are disclosed to the Customer before the order is finalised when the Customer is asked to choose their delivery method.
THE EXPLORERS reserves the right to change its prices at any time, but the Products shall be invoiced on the basis of the prices in force when the Customer’s order is recorded, subject to availability.
THE EXPLORERS constantly checks the accuracy of the prices shown, without however being able to guarantee that there will be absolutely no errors. If there is an error in the price of a Product, THE EXPLORERS shall give you the option of reconfirming the purchase of the Product at the correct price or cancelling the order. If THE EXPLORERS cannot contact you, the order shall be considered as cancelled. THE EXPLORERS is not obliged to sell a Product for the wrong price, even if you have already been sent the order summary.
The Products remain the property of THE EXPLORERS until the price has been paid in full.
The total order price (including all taxes and delivery charges) is payable immediately in one single payment at the time of ordering according to the procedure described in Article 5 below.
All orders shall only be deemed confirmed after full payment of the ordered Products has been validated, via the Stripe secure online payment system offered on the Website. Orders are paid for by bank card (Visa, MasterCard, Carte Bleue, American Express) or by GooglePay. The card is debited when the order is confirmed.
The invoice is attached in the order summary e-mail.
For each order, 10% of the purchase price including all taxes paid by the Customer shall be paid to “THE EXPLORERS FOUNDATION” endowment fund registered under SIRET number 83282101100018, domiciled at 27 Rue de Cauchy 75015 Paris, the purpose of which is to preserve biodiversity and finance local actions for safeguarding animals. The Customer is invited to choose the project they particularly want to support from among the available selection.
Orders are placed on the Website only. The Customer is responsible for any internet connection and access charges.
Customers can normally access the Website 24 hours a day, seven days a week, subject to:
To place an order on the Website, the Customer must follow the procedure below:
The Customer must select one or more Products offered on the Website and the quantities they wish to order, adding them to their virtual shopping basket.
When they have finished shopping, the Customer views their shopping basket which contains the Products they have selected. They may, if they wish, edit their shopping basket before confirming it.
The Customer begins the order process when they confirm their shopping basket by clicking on “CONFIRM ORDER”.
If they have not already done so, the Customer is then invited to either (i) create an account if they are not already a customer of THE EXPLORERS, or (ii) sign in to the Website using their Customer Account.
To create their personal account (hereinafter the “Customer Account”), the Customer must fill in the online registration form and provide the following information: their title, surname, first name, delivery address and billing address, telephone number, e-mail address and password. The information which must be provided is marked with an asterisk.
The Customer agrees to provide accurate information about their identity and the place of delivery. THE EXPLORERS may not be held liable for wrong or incomplete information submitted by the Customer, making it impossible to complete the order placed by signing into their Customer Account (and therefore deliver the ordered product).
The Customer’s username and password are strictly personal and confidential. The Customer is entirely responsible for the safe-keeping and use of their username and password.
Any orders of Products using this username and password shall be considered to have been placed by the Customer. Consequently, under no circumstances shall THE EXPLORERS be held liable for consequences that are detrimental to the Customer resulting from the unlawful, fraudulent or improper use of their username and password and the ordering of the Products by a third party not expressly authorised by the Customer.
The Customer undertakes to inform THE EXPLORERS immediately if a third party has placed an unauthorised order for Products using their username and password and if they have lost or forgotten their username and password.
The Customer is expressly informed that the Products sold on the Website can only be delivered in the countries shown in the Appendix to these GTCS.
For delivery in France, the Customer must choose one of the delivery methods on offer, i.e.: Home delivery (Express) with Chronopost, Delivery to a collection point with Mondial Relay, Home delivery with GLS.
For delivery in Europe, the only delivery method available is home delivery with Mondial Relay. For delivery in the rest of the world, the only delivery method available is home delivery with DHL.
When choosing the delivery method, the Customer is informed of the delivery charges for each delivery method and the terms of delivery. The Customer is responsible for the delivery charges.
The Customer must state the address where they want the delivery to be made if it is different to the address provided in the previous step, or choose a collection point for the parcel as the case may be.
In the case of home delivery, the Customer must provide their landline or mobile telephone number so that they can be contacted by the company responsible for the delivery.
An order summary will be displayed specifying the key characteristics of the Products, the quantity and price of the products, the delivery charges and the total order amount (including delivery charges).
The Customer must read these GTCS which will be available via a hyperlink and tick “I accept the GTCS”.
Then, in accordance with the terms in Article L. 221-14 of the French Consumer Code, the Customer must click on “Continue with order and Pay”, considered as confirmation of the order and the GTCS (“first click”).
The Customer is then asked to choose their payment method for paying for the order and to finally confirm it, via the Stripe secure online payment system offered on the Website.
When paying by bank card, the Customer is automatically redirected to the secure online payment system provided by Stripe, the service provider used by THE EXPLORERS. The Customer must enter their bank card number, its expiry date, the cardholder’s name and the security code (last three numbers on the back of their bank card).
In making this payment, the Customer guarantees that they are fully authorised to use the payment card to pay for their order and that this card has sufficient funds to cover all the costs resulting from this order.
By providing their bank card details, the Customer agrees to THE EXPLORERS or its provider processing the necessary data and performing the secure transaction.
The data recorded and kept by THE EXPLORERS constitute proof of the order and all the transactions carried out. The data recorded by the payment system constitute proof of the financial transactions.
When the Customer’s order is for an amount of €120 or more, THE EXPLORERS retains the written documentation for 10 years and guarantees the Customer access to it if they so request.
The Customer confirms their order by clicking on “Pay”.
The confirmation of the order by this “second click” constitutes the conclusion of the contract of sale.
It is specified that the order is only confirmed and shipped after validation of the Customer's payment.
If the amount owed by the Customer cannot be debited for any reason (bank limits exceeded, payment stopped, refusal by issuing centre to authorise the payment, etc.), the order shall not be recorded by THE EXPLORERS.
THE EXPLORERS will send the Customer a confirmation e-mail summarising the order (products, price, product availability, quantity, delivery method chosen by the customer, etc.).
For this purpose, the Customer formally agrees to the use of e-mail for confirmation by THE EXPLORERS of the content of their order.
That e-mail is considered to be an acknowledgement of receipt of the order and details all of the order’s key conditions, i.e.:
Orders are processed within a maximum of two (2) working days from confirmation of the order.
Note that the order is only shipped to the Customer after validation of the Customer's payment.
Once the order has been validated and confirmed, it is shipped to the delivery address provided by the Customer when they placed their order.
An e-mail regarding the shipment shall be sent to the Customer in which THE EXPLORERS specifies:
Delivery is made to the delivery address stated by the Customer, it being specified that delivery cannot be made to PO boxes.
In order to comply with delivery times, the Customer must provide accurate and complete information with regard to the delivery address (such as street number, building number, stairway number, access codes, intercom numbers and/or names or any other information necessary for delivering the order).
The delivery times shown during the ordering process are indicative and correspond to average processing and delivery times observed with the partner carriers used by THE EXPLORERS to deliver its Products. THE EXPLORERS may not be held liable for the consequences due to a delivery delay outside its control.
Each delivery is considered completed once the carrier has delivered the Products to the Customer or a third party designated by the Customer (including a delivery to a parcel collection point), evidenced by the control system used by the carrier. Delivery itself cannot be disputed if the parcel is shown as having been delivered, the carrier’s computer system serving as proof.
Note that under Article L. 216-4 of the French Consumer Code, any risk of loss of or damage to the Products shall be transferred to the Customer when the Customer or a third party they have designated, other than the carrier proposed by the professional, takes physical possession of those Products.
The Customer is strongly advised to notify the carrier upon delivery of any reservations regarding the packaging or the condition of the Products (e.g. open or damaged parcel). If the parcel arrives damaged, the Customer must check the condition of the Products in the presence of the carrier before signing the delivery note and specify any reservations on the carrier’s delivery note if a Product is missing or damaged. If this is impossible, the Customer should express their reservations about the condition of the goods by writing on the delivery note “subject to verification of the goods given the poor condition of the parcel” and describing the damage.
Any dispute on the grounds of partial loss or damage must also be reported to the carrier or THE EXPLORERS within three (3) days, not including public holidays, following the day the Products are received through an extra-judicial act or by registered letter, without prejudice to the Customer seeking redress against THE EXPLORERS under the conditions and limits provided for by the law and these GTCS.
In the case of a delay in shipping or delivery of which THE EXPLORERS is aware, an e-mail shall be sent to the Customer as soon as possible informing them of this and a new shipping or delivery date shall be proposed.
At the same time, the Customer is strongly advised to report any late delivery to the THE EXPLORERS Customer Service team at: firstname.lastname@example.org. THE EXPLORERS shall then make inquiries with the carrier in question to locate the parcel.
In any case, the Customer shall be able to cancel the contract if their order has not been delivered on the delivery date initially indicated to them and provided the delay is not the Customer’s fault (wrong delivery information provided by the Customer when ordering).
This right of cancellation is exercised in accordance with the provisions of Article L.216-2 of the French Consumer Code:
The contract is considered to be cancelled upon receipt by THE EXPLORERS of the letter or the written documentation informing it of this cancellation, unless THE EXPLORERS has done so in the meantime.
In such circumstances, THE EXPLORERS shall refund the money the Customer has paid for the order within fourteen (14) days after the date on which the contract was cancelled.
For all Products ordered on the Website, and under the provisions of Articles L.221-18 et seq of the French Consumer Code, private Customers have a right of withdrawal which they can exercise without giving any reason within fourteen (14) days from the date the order is received. In the case of any order for several Products delivered separately, the fourteen (14) day period shall begin from the date the final Product is received.
The Customer should exercise their right of withdrawal by sending an e-mail to: email@example.com.
THE EXPLORERS shall notify the Customer by e-mail that it has received their withdrawal request as soon as it receives said request.
The Customer must then follow the instructions provided in this e-mail for returning the Products. In particular, the Customer has fourteen (14) days from the date they send their withdrawal request to return the Products, at their own expense.
The Customer should then return the Products, ensuring that:
In any event, the Customer is requested to keep the proof of return of the Products (handover to the carrier and giving it a certain date). In the event of a dispute, in order to open an investigation into a possible loss of a parcel, proof of postage shall be requested prior to opening the investigation.
If the Customer exercises their right of withdrawal, THE EXPLORERS shall refund the Customer the money already paid, under the terms referred to in Article 10 below.
Refunds shall only be given for Products which have not been worn, spoiled, damaged or soiled and for Products returned in their original packaging under the terms described above.
No refunds shall be given for products which have been worn, spoiled, soiled or scratched or which have sustained any other damage attributable to them having been handled in a manner other than that necessary for ascertaining the nature, characteristics and proper functioning of the Products, or returned without any accessories and instructions for use they may come with.
Product returns shall be dealt with by the THE EXPLORERS Customer Service team to ensure that all the conditions stated in the GTCS have been met.
Subject to the foregoing, should the Customer implement their right of withdrawal under the terms above, the value of the goods shall be refunded into the bank account debited when they were ordered, as soon as possible and no later than fourteen (14) days maximum after THE EXPLORERS receives said returned Products.
The Customer benefits from legal guarantees of conformity and against hidden defects, in accordance with the legal provisions in force.
THE EXPLORERS is bound by a legal guarantee of conformity in accordance with Articles L. 217-4 to L. 217-12 of the French Consumer Code:
Finally, the Customer can decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the French Civil Code. In such a case, the Customer can choose between cancellation of the sale or a reduction of the sale price, in accordance with Article 1644 of the French Civil Code.
“The seller shall deliver goods in conformity with the contract and shall be held liable for the lack of conformity existing at the time of delivery. The seller shall also be held liable for the lack of conformity stemming from the packaging, the fitting instructions or the installation when such installation is the responsibility of the seller pursuant to the contract or has been conducted under the seller’s supervision.”
“The goods are in conformity with the contract:
1. If they are suitable for the use usually expected from similar goods and, where appropriate:
- they match the description given by the seller and have the qualities that this seller presented to the buyer by means of a sample or model
- if they present the qualities that a buyer can legitimately expect given the public statements made by the seller, the manufacturer or its representative, in particular in the advertising or the labelling
2. Or if they present the characteristics mutually agreed upon by the parties or are suitable for any special use intended by the buyer, made known to the seller and which the latter agreed to.”
“The action resulting from the lack of conformity shall lapse two years after the delivery of the goods.”
“During the effective period of the commercial guarantee offered to a buyer at the time of acquisition or repair of personal property, if the buyer requires from the seller a repair covered by the guarantee, any period of seven days or more during which the goods are out of use for repair shall be added to the remaining term of the guarantee. Such period shall run from the request for intervention made by the buyer or from the date when said goods are made available for repair, if this date is after the request for intervention.”
“The seller shall guarantee the sold goods against hidden defects which make them unsuitable for their intended use, or which diminish this use to such an extent that the buyer would not have bought them, or would only have accepted to buy them for a lower price, had he been aware of such defects.”
“Any action resulting from hidden defects must be brought by the purchaser within two years from discovery of the defect.”
The use of the Website and the placing of orders on the Website involve the processing of personal data.
The Website and all the graphic, textual, visual and photographic elements appearing in it, namely all of the illustrations, images, photographs, characters, texts, settings, presentation modes, graphic design, characters or any other element of the Website (hereinafter the “Elements”) are and remain the sole property of THE EXPLORERS or holders of said rights that have given a right of use to THE EXPLORERS and are protected by intellectual property rights.
Under no circumstances may the Website and all of the Elements appearing in it be, in whole or in part, modified, reproduced, represented, distributed, displayed, marketed, integrated into a derivative work or similar, on any medium whatsoever. In general, the Website and all of the Elements appearing in it may only be used in connection with browsing the Website and, as the case may be, making purchases on it.
Any reproduction, representation or use of the Website Elements by a Customer shall constitute an offence which shall give rise to legal proceedings.
Any order placed on the Website automatically entails the Customer’s adherence to these GTCS, which are governed by French law. If the Customer is a consumer and their usual residence is located in a European Union country, the Customer also benefits from rights protecting them in accordance with the statutory provisions of the law applicable in their country of residence.
This contract is available in French and English.
In the case of a complaint or a dispute regarding an order, the Customer agrees to first of all contact Customer Service by sending an e-mail to firstname.lastname@example.org or a registered letter with acknowledgement of receipt to the following address: The Explorers Network, 141 Avenue Félix Faure, 75015 Paris.
In the course of a dispute between the parties and following a written complaint from the Customer to the Customer Service department which is rejected and in the absence of a response from that department within a reasonable time-frame of one (1) month, the Customer may use any alternative method of dispute settlement, including a consumer mediation procedure with a mediator using the free MEDICYS mediation service with which the Publisher is registered and sending an e-mail to: medicys-consommation.fr, or a letter to: MEDICYS, 73 Boulevard de Clichy, 75009 Paris and/or by accessing the European online dispute resolution platform at: http://ec.europa.eu/odr, which will try to resolve the dispute amicably with complete independence and impartiality.
The Customer remains free to accept or refuse mediation and, if mediation is used, each party is free to accept or refuse the solution proposed by the mediator.
In the event of a dispute, the French Courts shall have sole jurisdiction.
THE EXPLORERS may use subcontractors for the performance of its obligations under these GTCS.
THE EXPLORERS may assign this Contract and all of the attendant rights and obligations to any third party, without the Customer’s prior written consent, including in the case of an assignment of a branch of activity, a merger by the formation of a new company, a merger-takeover, a demerger or any change of control affecting the Publisher.
These GTCS constitute the entire agreement between THE EXPLORERS and the Customer.
Neither party may be held liable to the other party for failure to perform their obligations due to force majeure. Cases of force majeure or unforeseeable circumstances are considered to be those typically recognised by the case law of the French Supreme Court of Appeal.
The failure of THE EXPLORERS to invoke any provision at a given time may not be considered as a waiver of the benefit of that provision or of the right to invoke said provision at a later date and/or seek redress for any breach of this provision.
If any of the provisions in these GTCS were to become null and void, it shall be deemed unwritten and the other provisions shall retain their force and scope.
The Customer can obtain information or ask questions by calling: 01 44 06 12 11 or by writing to: email@example.com.
Home delivery via Mondial Relay:
Home delivery via DHL: