General Conditions of Sale
these General Conditions of Sale are updated to 22 June 2020
- DÉFINITIONS
1.1 The present General Conditions of Sale (hereinafter ‘ GTCS ‘) are proposed by the company M & A (hereinafter The ‘ Company ’), EURL with a capital of 2 000 euros, registered with the Registry of trade and companies of Paris under the number 510047343, represented by Marie Bouet , whose registered office is 5 Impasse Franchemont, 75011 Paris, France. His phone number not premium rate is the 06 50 65 10 60, e-mail address is contact@lessabotsdemarie.com and his individual identification number of VAT intra-community FR 21 510 047 343.
1.2 the company is The owner and editor of the website http://www.lessabotsdemarie.com/ (hereinafter ‘ the Site ‘). The Site is hosted by SHOPIFY, Corporation, located at 150 Elgin street Suite 800 Ottawa, Ontario K2P 1L4 Canada, available at 1-613-241-2828.
1.3 The publication director is Marie Bouet.
1.4 The Site offers to the Customer (hereinafter ‘ Customer ‘) the opportunity to buy shoes, accessories, home décor items (the ‘ products ‘).
1.5 Prior to any use of the Site, the Client must ensure that it has the technical means and computer to use the Site and order the products on the Site, and that the browser used allows secure access to the Site. The Client must also ensure that the computer configuration of its hardware/equipment is in good condition and does not contain a virus.
2. APPLICATION AND OPPOSABILITE OF terms and conditions
2.1 these general conditions have for object to define the set of conditions under which the Company markets such products as offered for sale on the Website to Customers. They therefore apply to any Order (‘ Order ‘) of products placed on the Site by the Client.
2.2 The Client hereby declares having read and accepted these terms and conditions before placing the Order.
2.3 validation of the Order is thus worth acceptance of these general terms and conditions. These are regularly updated, the terms applicable are those in force on the Site at the time of placing the Order.
2.4 Any contrary condition posed by the Client would, in the absence of express acceptance, be unenforceable against The Company, regardless of the moment it could be brought to its knowledge.
2.5 the fact that the Company does not prevail at a given moment of any provision of these terms and conditions, cannot be interpreted as constituting a waiver of any provision of the said terms and conditions.
3. ORDER OF PRODUCTS ON THE SITE
The Company reserves the right to correct the content of the Website at any time.
3.1 The Client may find on the page of the product the period during which, or date until which, the spare parts essential to the use of the product are available on the market.
3.2 The products proposed for sale are described and presented with the greatest possible accuracy. However, a variation to be minimal in the color of the product(s) does not engage the responsibility of The Company and shall not affect the validity of sale
3.3 The Customer selects the product or products he wishes to buy, and can be accessed at any time at the summary of the Order.
3.4 the summary of the Order provides the list of the products that the Customer has selected(s), and includes any ancillary costs such as the price of delivery in addition to the price of the product or products of the Order. The Customer has the opportunity to modify his / her Order and correct any errors before proceeding to the acceptance of the Order.
3.5 After accessing the summary of his Order, the Customer confirms the acceptance of his Order by checking the validation box of the GTC, then clicking on the Order validation icon. The words "Order with payment obligation" or a similar unambiguous formula appears next to the Order validation icon in order to ensure that the Customer explicitly acknowledges his obligation to pay for the Order.
3.6 After acceptance of the GTC and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Customer and binds them irrevocably.
3.7 After validation of his Order and in order to be able to proceed to payment, the Customer enters the contact details to which he wishes to obtain delivery of the product (s) ordered, and invoicing if they are different. The delivery process for the ordered product (s) is described in ARTICLE 5 of these GTC.
3.8 The Company then sends him an Order confirmation by email, including the elements of the summary of his Order and the delivery and, if applicable, invoicing addresses provided.
3.9 After having validated his delivery details and, if applicable, invoicing, the Customer proceeds to the payment of his Order according to the terms specified below.
4. PRICE AND TERMS OF PAYMENT OF THE ORDER
4.1 The prices are mentioned on the Site in the descriptions of the products, in euros and excluding tax and all taxes included.
4.2 The total amount is indicated in the summary of the Order, before the Customer accepts these T & Cs, validates his Order, informs and validates his delivery and billing details, if applicable, and proceeds to payment. This total amount is shown inclusive of all taxes.
4.3 The Order of products on the Site is payable in euros. All payment must be made on the day of the Order by the Customer, by credit card, except special conditions of sale expressly accepted by the Customer and the Company.
4.4 In the event of payment by credit card, the Site uses the security system of Stripe and Paypal, a service provider specializing in online payment security. This system guarantees the Customer the total confidentiality of his banking information. The bank transaction by bank card, carried out between the Customer and the secure system is therefore fully encrypted and protected. The Customer's bank details are not stored electronically by the Company.
4.5 The Customer guarantees the Company that he has the necessary authorizations to use the method of payment, when placing the Order.
4.6 The Company reserves the right to suspend or cancel any execution and / or delivery of an Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum which would be due by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.
5. DELIVERY
5.1 The product (s) offered on the Site may be delivered to France as well as the rest of Europe.
5.2 The Company undertakes to deliver the product (s) within a period not exceeding 2 to 5 working days from the date of the Order.
5.3 The Customer is informed by email, when his Order is ready, of its shipment. The ordered product (s) is (are) delivered to the delivery address indicated by the Customer when ordering under the conditions specified in article 3.8 of these GTC.
5.4 The Customer must ensure that the information communicated referred to in Article 3.8 of these T & Cs is correct, and that they remain so until complete delivery of the product (s) ordered. The Customer therefore undertakes to inform the Company of any change in billing and / or delivery details that may occur between the Order and delivery, by sending an email to the Customer Service email address without delay. Failing this, in the event of a delay and / or error in delivery, the Customer may in no case be held liable for the Company in the event of failure to deliver, and the Company's Customer Service will contact the Customer for a second delivery. on client fee.
5.5 The Company will not be liable either if the non-receipt of the products is due to the act of a third party outside its intervention or in the event of theft.
5.6 In the event of a return of the Order due to the absence of the Customer, the Company's Customer Service will contact the Customer for a second delivery at the Customer's expense.
5.7 The Customer may follow the delivery of his Order by contacting Customer Service, the number of which appears in ARTICLE 6 of these T & Cs.
6. CUSTOMER SERVICE
6.1 For any request for information, clarification or any complaint, the Customer must contact, as a priority, the Company's Customer Service, in order to allow the latter to try to find a solution to the problem.
6.2 The Company's Customer Service is accessible from 10 a.m. to 6 p.m. from Monday to Friday using the following coordinates:
- WhatsApp: 06 50 65 10 60
- email: contact@lessabotsdemarie.com
- mail: 5 Impasse Franchemont, 75011 Paris, France
7. GUARANTEES LEQUAL AND COMMERCIAL
All the products offered by the Company are subject to the legal guarantee of conformity provided for by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and to the warranty against hidden defects provided for by articles 1641 and 1648, first paragraph, of the Civil Code:
Article L.217-4 of the Consumer Code: "" The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility. ‘’.
Article L.217-5 of the Consumer Code: "" The good complies with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, if 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 given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted ‘’.
Article L.217-12 of the Consumer Code: ""The action resulting from the lack of conformity lapses two years after delivery of the goods. ""
Article 1641 of the Civil Code: ‘’The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer has not acquired it, or has not acquired it. would have given a lower price, if he had known them.’’
Article 1648 of the Civil Code, first paragraph: ""The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.’’
If a Customer considers having received a product that he considers to be defective or non-compliant, he must contact the Company, as soon as possible after receipt of the Order, at the following email address: contact @ lessabotsdemarie. com, or by registered mail with acknowledgment of receipt to the following address: 5 Impasse Franchemont, 75011 Paris, France, specifying the defect or non-conformity in question.
It will be up to the Customer to provide any justification as to the designation of apparent defects and / or anomalies noted. The Customer must give the Company every facility to establish these defects or non-conformities and to remedy them if necessary. He will refrain from intervening himself or involving a third party for this purpose.
If the defects and / or anomalies are confirmed by the Company, the latter will then send the Customer its instructions on how to proceed after having taken cognizance of the complaint thus formulated and, if applicable, will replace the product for which the Company would have been led to note the lack of conformity, or the defect.
In the event that it is impossible to exchange the product, the Company will be required to reimburse the Customer within fourteen days of receipt of the product. Reimbursement will be made on the Company's proposal by crediting the Client's bank account, the Client being able to opt for a reimbursement method other than the one proposed.
8. CLIENT'S OBLIGATIONS
8.1 The Customer agrees to comply with the terms of these GTC.
8.2 The Customer agrees to use the Site in accordance with the Company's instructions.
8.3 The Customer agrees that he uses the Site only for his personal use, in accordance with these GTC. In this regard, the Customer agrees to refrain from:
- To use the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these T & Cs.
- To sell, copy, reproduce, rent, lend, distribute, transfer or sub-license all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software activating or comprising all or part of the Site.
- To attempt to gain unauthorized access to the Site's computer system or to engage in any activity that disrupts, reduces the quality or interferes with the performance or deteriorates the functionality of the Site.
- Use the Site for abusive purposes by intentionally introducing viruses or any other malicious program and attempting to gain unauthorized access to the Site.
- To infringe the intellectual property rights of the Company and / or to resell or attempt to resell the products to third parties.
- To denigrate the Site and / or the products as well as the Company on social networks and any other means of communication.
8.4 If, for any reason, the Company considers that the Client does not comply with these GTC, the Company may at any time, and at its sole discretion, remove its access to the Site and take all measures including any civil and criminal legal action. against him.
9. RIGHT TO RWITHDRAWAL
9.1 In accordance with articles L.221-18 et seq. Of the French Consumer Code, the Customer has 14 days from receipt of the last product ordered on the Site to exercise his right of withdrawal from the Company, without having to justify reasons or pay a penalty.
We will not take back any product damaged, soiled, worn or incomplete for hygienic reasons.
9.2 To exercise his right of withdrawal from the Order, the Customer must notify his decision to withdraw by means of an unambiguous statement, without justifying reasons. The Customer may communicate his withdrawal decision to the Company by any means, in particular by sending it by post to the Company at the following address: 5 Impasse Franchemont, 75011 Paris, France or by email at contact@lessabotsdemarie.com.
9.3 In the event of notification to the Company by the Customer of his decision to withdraw, regardless of the means employed, the Company will immediately send him an acknowledgment of receipt of the withdrawal on a durable medium (in particular by email).
9.4 The Customer must return the product (s) in the same condition as that in which he / she received it (s), and with all the packaging elements, accessories and instructions (even if the Product (s) has or have been unpacked, as soon as possible and at the latest within 14 days from the notification of the decision to withdraw from this contract, to the following address: 5 Impasse Franchemont, 75011 Paris, France. In accordance with the law, the Customer bears the cost of returning the product (s).
9.5 In the event of the Customer's withdrawal, the reimbursement of the product (s) which has or have been subject to the right of withdrawal is made by the Company by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees on a different means. In any case, this reimbursement will not incur costs for the Customer. The reimbursement is made as soon as possible, and no later than 14 days from the day on which the Company is informed of the Customer's decision to withdraw his Order.
9.6 In accordance with article L.221-23 of the Consumer Code, the Customer is informed that his responsibility is only engaged with regard to the Company for a depreciation of the product (s), returned (s) ) following the exercise of his right of withdrawal, resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this or these goods.
10. RESPONSIBILITYE
10.1.The society implements all measures to ensure the Customer the supply, under optimal conditions, of quality product (s). However, it cannot under any circumstances be held liable for any non-performance or improper performance of all or part of the services provided for in the contract, which would be attributable either to the Customer, or to the unforeseeable and insurmountable fact of a third party foreign to the contract, or to a case of force majeure. More generally, if the responsibility of the Company was committed, it could in no case agree to compensate the Customer for indirect damage or the existence and / or the amount of which is not established by evidence.
10.2.The Site may contain links to other sites not published or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
10.3.The establishment of such links or the reference to any information, articles or services provided by a third person cannot and cannot be interpreted as an express or tacit endorsement by the Company of these sites and these elements or of their contents.
10.4.The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, product (s) and other information published on these websites.
10.5.It is expressly stipulated that the Company shall in no event be held liable in any manner whatsoever, for the case where the computer equipment or the e-mail Client would reject, for example, as an anti-spam, e-mails sent by the Company, and in particular, without this list being exhaustive, the copy of the payment receipt, the summary of the Order or the e-mail shipping tracking.
10.6.The Client is fully aware of the provisions of this article and, in particular, of the warranties and limitations of liability set out above, the essential conditions without which the Society would never have contracted.
11. SECURITY
The Customer undertakes not to infringe the security of the Site. To this end, it undertakes not to perform any access to and/or maintaining fraudulent in the information system of the Company. The Customer shall not impair or interfere with the information system of the Company. In default, the Company may take against him any measure and, in particular, criminal liability under articles 323-1 and following of the penal Code.
12. PROPERTYWERE the INTELLECTUAL
12.1.all of The elements of this Site and the Site itself, are protected by copyright law, trademark law, designs and models and/or all other intellectual property rights. These elements are the exclusive property of the Company. All of these rights is reserved for the whole world.
12.2.The name and trademark logos, designs, stylized letters, design marks, and all the signs represented on this Site are and shall remain the exclusive property of the Company.
12.3.No title or right of any kind on any component or software shall not be obtained by downloading or copying materials from the Site. It is formally forbidden for the Customer to reproduce (except for his personal and not commercial use), publish, edit, transmit, distribute, display, remove, delete, add to this Site and the elements and software it contains, not more than the change or perform work of any kind by taking them for base, neither to sell or participate in any sale in connection with, this Site, the materials on this Site or any software relating thereto.
12.4.The Company grants the Client a non-exclusive license to use the Site. This license is strictly personal and may in no case be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.
12.5.Any use by the Client of names, trademarks and distinguishing symbols belonging to the Company is strictly prohibited unless express and prior agreement of the Company.
13. NEWSLETTER
13.1.By ticking the box provided for this purpose or by giving his express agreement to this end, the Client accepts that the Company may send, at a frequency and in a form determined by the Client, a newsletter (newsletter) that may contain information relating to its business.
13.2.When the Customer checks the box provided for this purpose in the registration process on the Website to place the Order, he agrees to receive commercial offers from the Company for produitsanalogues to those ordered.
13.3.Customers will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
14. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
14.1.these general conditions are governed by and construed in accordance with French law, without regard to principles of conflicts of laws.
14.2.In case of dispute which may arise from the interpretation and/or execution of these terms or in connection with these terms and conditions, the Client may decide to submit the dispute with the Company to a mediation procedure in the conventional or any other form of alternative dispute resolution.
14.3.The Customer can make on the european platform for the settlement of consumer disputes set up by the european Commission at the following address and listing all the bodies of dispute resolution authorized in France : https://webgate.ec.europa.eu/odr/.
14.4.In case of failure of this mediation procedure or if the Client wishes to bring a court, the rules of the code of civil procedure will apply.