Ma-Mascotte.com - Terms and conditions

Caution – Disclaimer

Please read these general conditions of sale carefully before using the services offered by the company Nigule SARL.

These general conditions define the conditions and legal obligations linked to the subscription to the services offered and provided by the company Nigule SARL, from the website “www.ma-mascotte.com”.

Any use and/or recourse to the services offered by the company implies unreserved acceptance of these general conditions. the mere fact of using said services entails pure and simple acceptance of these general conditions, which the customer expressly declares and acknowledges.

Use of the service is exclusively reserved for people capable of entering into contracts under French law.

1. Legal notices : Publisher of the Website:

The website accessible at the address www.ma-mascotte.com (hereinafter the “ Website ” or the “ Site  ”) is published by the company nigule, a limited liability company, with capital of 6,500 euros, registered in RCS of Chartres under number 530 962 745 00036, whose head office is located at 3, Clos Gourdez, 28630 Morancez, whose VAT number is FR31530962745 (Hereinafter referred to as “the Company ”).

CNIL declaration :

The Website has been the subject of the following declarations to the CNIL:

• NS48 declaration n 2146341 v 0
•  

Contact Client : 

• Email : contact @ ma-mascotte.com
• Phone: 0986879787
• Mail: 15 Place Michelet, 37000 Tours – France

Website Host :

Wevox, Jahon, 43300 Langeac. Tel : 0899 492 350.

1. Purpose – validation – acceptance

The Customer hereby orders and purchases from the Company the Products whose characteristics are determined in the Quote validated by him, under the conditions detailed herein.

It is specified, where necessary, that the Customer may save or print these General Terms and Conditions, provided however that they are not modified.

The version of the General Terms and Conditions available on the Website will prevail, where applicable, over any other version hereof, with the exception of modifications which may have occurred subsequent to its use of the Services, in accordance with common law.

These General Terms and Conditions were updated on March 14, 2018.

Subsequent modifications to these General Terms and Conditions will be enforceable against the Customer from the date they are posted online.

1. Definitions

In these General Terms and Conditions, it is agreed that the following expressions or words, whether used in the singular or plural, will have the following meaning:

• BAT  : designates the proof given by the Company to the Client for signature, once the Quote has been validated by the Client. Signing the proof allows the Customer to validate the visual of the Order.
• Customer  : means any natural or legal person who purchases a Product offered for sale by the Company.
• Order : designates any order for Products by a Customer, made under the conditions of article 6.
• Quote : designates the quote setting out all the Products subject to the Order placed by the Customer, as well as the price of the Order, signature of which constitutes acceptance of these General Terms and Conditions.
• Supplier: means any natural or legal person who supplies the Company with the Products it offers for sale.
• Products : refers to the mascots, soft toys and goodies and other products offered for sale by the Company.
• Price : designates the total amount of the Order placed by the Customer, indicated on the Quote validated by the Customer. The price of each Product is indicated in euros and does not include the delivery costs of the Product.
• Services : designates the services provided by the Company, which consist of offering the sale of the Products and advising and supporting the Customer in determining the characteristics of the Products, under the conditions of article 6.
• Site or Website : designates the site published by the Company and accessible at the address ma-mascotte.com ; or pierre-sur-mesure.com; pierre-publicitaire.com and mascotte-gonflable.com
• Company : refers to the company nigule, a limited liability company, with capital of 6,500 euros, registered with the RCS of Chartres under number 530 962 745 00036, whose head office is located at 3, Clos Gourdez, 28630 Morancez, whose VAT number is FR31530962745, which provides the Services and publishes the Website.

1. verification of the adequacy of needs to services

The Client hereby declares that he has previously verified the suitability of the Services to his needs.

He thus declares and guarantees that he has received from the Company all the information and advice necessary for him to subscribe to these General Conditions of Sale and that he therefore waives any dispute on this point.

It is therefore up to the Client to verify that the Services offered by the Company are adapted to their needs.

The Client further declares that it has the knowledge, skills and resources, particularly human and technical, required for the use of said Services.

1. Coming into force

These General Terms and Conditions are applicable upon signature of the Quote by the Customer under the conditions of article 6.

The Customer is informed that the General Terms and Conditions may be updated at any time under the conditions of article 18 hereof.

1. Terms of ordering products

Contact form

Customers who wish to order Products must:

• Either contact the Company at the following address or telephone number
• Either complete the online contact form and provide the following information:

Required information :

• His name, first name
• His email address
• His telephone number
• Their status as a professional or individual
• The subject of his request

Optional information :

• Message to the Company
• Adding files and/or images to clarify your request
• Determination of the characteristics of the Products ordered

The Customer is then contacted by the Company in order to determine the Product(s) covered by the Order.

The Customer undertakes to provide the Company with as much information as possible on the characteristics of the Product that he wishes to have produced, in particular:

• Fabrics
• Size
• Color
• Visuals
•  

This information will allow the Company to have as much information as possible on the Product to be produced and to offer the Customer a detailed Quote.

• Acceptance of these General Terms and Conditions and validation of the Quote
• Order Summary

Once the Customer has informed the Company of the characteristics of the Product(s) covered by the Order, the Company sends the Customer a detailed Quote by email.

The Quote provides information in particular:

• The unit price excluding taxes of the Product
• The quantity of Products ordered
• The total amount excluding taxes of the Order
• The total amount, all taxes included, of the Order
• The visual of the Products ordered
• Acceptance of these General Terms and Conditions

The Quote also expressly refers to these General Conditions of Sale.

Once the Customer has read the summary of the Quote, he must, before being able to validate it, accept these General Terms and Conditions by checking the box:

“I expressly declare that I have read the Company’s General Conditions of Sale, available on its Website and accessible at the address https://ma-mascotte.com/conditions-generales-de-vente/ ; and accept them without any reservation. »

and affix his signature under this mention.

This step is decisive and the Customer cannot check this box or sign the Quote without having first read and accepted all the clauses of these General Terms and Conditions.

Once this box is checked and the Quote signed, the Customer declares to fully and unreservedly accept all of these General Conditions of Sale.

• Bond A Tire (BAT)

Once the Quote has been validated by the Customer, the Company sends them a proof.

The BAT allows the Customer to become aware of the general appearance and in particular the visual appearance of the Product(s) Ordered, before validation for manufacturing.

If the BAT is approved by the Customer, the latter must return the BAT, duly dated and signed by him, to the Company by email.

Signing the proof by the Customer constitutes acceptance of the terms of the Order. Consequently, the Client must ensure the consistency of his graphic simulation before validation of the BAT: after signature no changes will be possible.

Manufacturing can only be launched upon receipt by the Company of this dated and signed proof.

The purpose of the Good to Print is to validate the general appearance of the product to be produced; manufacturing can only be launched upon receipt by the Company of the dated and signed proof.

Attention – Disclaimer :

The Company cannot guarantee the perfect conformity of the colors of the Product as represented in the BAT to that of the Product delivered.

These colors appearing on the BAT are indicative and not contractual. The closest shades will be used during production.

Signing the proof constitutes acceptance of the General Conditions of Sale (CGV) in their entirety.

The Client must ensure the consistency of his graphic simulation before validation of the BAT: after signature, no changes will be possible and the Company cannot be held responsible for any deviation.

Due to unavoidable technical production constraints, the Company cannot guarantee 100% identical production between the content of the graphic simulation and the final Product.

• Validation and payment

Once the Customer has validated the proof, he must pay the price of the Order under the conditions of article 7 below.

1. Financial provisions

• Product Prices

The prices of the Products are those indicated in the Quote validated by the Customer.

The Customer is informed that delivery costs for the Order, also specified in the Quote, must be added to the price of the Product.

The prices are subject to French VAT and any change in the legal rate of this VAT will be reflected in the price of the Products, on the date stipulated by the relevant implementing decree.

• Payment Terms

In the event of a typographical error on prices, the Order will be invoiced under the corrected conditions of sale. The Company’s prices apply to all Customers on the same date.

The prices are set by the price in effect on the day the Order is placed. They always mean the unit amount excluding taxes and payable in euros.

The Company reserves the right to modify its prices at any time. The prices of the Products are calculated net without discount.

Orders placed by Customers are submitted to the Company’s accounting department.

Unless otherwise agreed, invoices issued by the Company are payable before shipping the goods.

Depending on the nature of the Order, full payment in advance or a deposit of 30% to 50% may be requested from the customer before any start of execution of the order.

For any invoice remaining partially or completely unpaid on its due date, the unpaid amount will be increased automatically, without prior notice of late payment penalties at a rate equal to 3 times the legal interest rate in force in addition to a lump sum compensation of €40 as compensation for recovery costs.

The amounts will also be increased by 15% for damages.

Late payment interest is payable from the day following the payment date appearing on the invoice, in the event that the sums due are paid after this date.

Late payment penalties are payable following an initial written reminder.

• Authorized payment methods

The Customer has the choice between several payment methods listed below:

• Bank card
• PayPal
• Bank transfer
• Check

It is specified that in the case of an Order placed outside France, bank transfer is the only authorized means of payment.

• Payment by check

If the Customer chooses the method of payment by check, this must be issued by a bank domiciled in Metropolitan France and made payable to “Ma-mascotte”, provided that the amount of their order does not exceed 2000 euros . It should be sent to Ma Mascotte, Orders Department, 15 Place Michelet, 37000 Tours – France.

• Payment by bank transfer

If the Customer chooses the payment method by bank transfer, he undertakes, once his Order is confirmed, to make a transfer to the bank account of the Company whose details are mentioned on the Quote

• Controls

The Company reserves the right to verify the personal data communicated by the Customer and to adopt all measures deemed necessary to verify that the person whose bank account is debited is indeed the one who placed the Order, in order to ‘avoid all fraudulent payments.

This verification may take the form of a request for proof of identity and/or address and/or bank documents (RIB or canceled check).

In order to participate in efforts to combat fraudulent orders, in the case of an Order paid by credit card or check, the Company reserves the right to request, before shipping the Order, an identity document and proof of address. to the delivery address.

If the Customer refuses to provide these supporting documents, the order may be canceled by the Company without notice, which the Customer declares to accept.

• Payment deadlines and incidents
• The Customer guarantees the Company that he has the authorizations that may be necessary to use the chosen payment method and that he provides access to sufficient funds to cover all costs resulting from the payment of the Order.

In the event of payment refusal, the transaction will be automatically canceled and the Customer will be informed of this cancellation by sending an email.

The computerized records, kept in the Company’s computer systems, under reasonable security conditions, will be considered as proof of all transactions and payments between the Parties.

• The Customer is informed that he has a maximum period of 30 days from the date of validation of his Order to send his payment to the Company.

In the event of non-payment beyond a period of 30 days from the Order, the Company reserves the right to destroy or market the Products covered by the Order to another customer. The deposits paid may be kept to cover possible losses on resale or as compensation for costs incurred.

• The Order will only be processed upon receipt of payment or its collection.

When payment is made by check, manufacturing and delivery times must therefore be calculated from the date the check is cashed.

• Payments by “credit” issued by the Company’s services, usable across the entire range of Products, are of indefinite duration.

1. Transfer of ownership of the product to the customer

The Customer is informed that the Company retains ownership of the Product until receipt from the Customer of full payment of the price, in principal and accessories, even if payment deadlines are granted.

Any clause to the contrary, in particular inserted in the general conditions of purchase, is deemed unwritten.

The deposits paid may be kept to cover possible losses on resale or as compensation for costs incurred in the event of processing of products sold by the Company making it materially impossible to exercise the Company’s rights.

In the event of non-payment and no news from the customer within 30 days, the Company reserves the right to destroy or sell the goods to another customer as compensation.

From receipt of the Order by the Customer, ownership and inherent risks of the Products delivered are transferred to the Customer.

1. Delivery

• Delivery methods – Delivery time – Areas – Costs

The Company offers the Customer different Delivery Methods, including:

• Delivery to Pickup relay
• Delivery to workplace
• Home delivery by appointment
• Colissimo Without Signature
• Etc
• Special provisions regarding delivery times
• Delivery delay

The Customer is informed that the Company will only deliver the Order once payment has been made by the Customer, except in the case of deferred payment agreed exceptionally with the Company’s sales department.

Attention – Disclaimer

The Customer is informed that the delivery times indicated by the Company are set at 8 days and are informative and depend in any case on:

• the availability of the Products ordered and their delivery to the Company by its Suppliers,
• the availability of carriers who ensure delivery of the Products.

In the event of late delivery, the Customer will be notified electronically.

• Exclusion of Company liability

The Company is automatically released from any liability in the event of delay in the delivery of the Products due to one of the following reasons:

• Technical hazards,
• Failure of suppliers,
• Rupture de stock,
• Carrier failure,
• Inaccuracy or lack of information to be provided by the Customer,
• Absence of payment or incomplete payment by the Customer,
• Delays linked to customs formalities.
• In general, any case of force majeure defined in article 17 of these General Terms and Conditions.
• Delivery completed

Each delivery is deemed to have been made as soon as the ordered Product(s) are made available to the Customer by the carrier, made available as materialized by the control system used by the carrier.

Depending on the country of destination, the goods may be subject to customs tax (customs duties and VAT) upon delivery, in accordance with the country’s legislation.

It is the Customer’s responsibility to check shipments upon arrival and to make any reservations and complaints that appear justified.

For example, if the package is damaged, torn, opened, etc., the Customer must refuse the package and contact the Company’s services to inform them.

If the service provider responsible for delivering the package is the Post Office, the Customer must notably request a declaration of theft at the time of refusal.

Any delivery which has not been the subject of reservations by registered letter with acknowledgment of receipt within 3 days of its receipt from the carrier, and a copy of which will be sent simultaneously to the Company, will be considered as accepted by the Customer.

• Delivery tolerance

For any project, quantities may vary by +/- 10% deliverable and billable accordingly.

1. No right of withdrawal

To the extent that the Products subject to the Order are goods made at the Customer’s request and made to measure, no right of withdrawal is granted to the Customer after validation of his Order.

Consequently, by accepting these General Terms and Conditions, the Customer expressly acknowledges having been informed of this absence of right of withdrawal, and accepts it expressly, firmly and definitively.

1. Proof of transaction

Unless proven otherwise, the data recorded by the Company during the Order constitutes proof of all transactions carried out by the Company and the Customers.

All communications, orders and payments made between the Customer and the Company can be proven using computerized records, kept in the Company’s computer systems under reasonable security conditions.

Purchase orders and invoices will be archived on a reliable and durable medium considered, in particular, as a means of proof.

1. Compliance and guarantees

• Compliance with legal provisions regarding sales law

The Company guarantees that the Products comply with French legislation, that they comply with the expected use, as defined and under the conditions of articles L. 217-4 to L. 217-12 of the Consumer Code reproduced in Appendix 1 .

The Company guarantees that the Products do not have defects or hidden defects making them dangerous or unfit for their normal use, as defined and under the conditions of articles 1641 to 1648 of the Civil Code reproduced in Appendix 1 .

The Company undertakes to respect all legal provisions relating to sales law and in particular the provisions of the Consumer Code and the Civil Code, the main applicable articles of which are reproduced in Appendix 1 .

• Product return conditions

In the event of non-conformity of the Product, the Customer will benefit from the possibility of returning said Product to the Company for the purposes of repair, replacement, or reimbursement of this Product.

Any return of goods requires obtaining a returns number issued by the Company to the Customer, which must be very legibly written on the package containing the returned Product.

The Product must be returned by post by the Customer to the following address: 3 Impasse du 58 Rue George Sand, 37000 TOURS

The Customer is informed and accepts that the return of the Products is carried out at the Customer’s expense and risk.

Products returned by carrier without physical protection or poorly protected will not benefit from this guarantee. It is therefore up to the Customer to ensure that the returned Product(s) are protected and insured during transport.

It is also the Customer’s responsibility to keep the packaging and accessories supplied with the Product as well as any labels affixed to the Product or its packaging, which are necessary for the identification of the Product, its date and its conditions of purchase.

The Company will reimburse, repair or replace the Product as soon as possible. However, when the repair or replacement of the Product requires the return of the Product to the Supplier, the Company cannot be held responsible for any delays in the delivery of the repaired or replaced Product.

All complaints and exchange requests, duly justified in the event of implementation of the two aforementioned guarantees, must be made by email or by post.

No return of goods may be made by the customer without the express written consent of the Company obtained in particular by fax or e-mail.

No customer is allowed to physically bring merchandise as a return; the return must be made by a national carrier.

It is specified that the complaint made by the purchaser under the conditions and according to the modalities described by this article does not suspend payment by the customer for the goods concerned.

• Case of absence of complaint on the Products

Defects and deterioration caused by improper handling, by an external accident (incorrect assembly, faulty maintenance, poor storage, unsuitable transport) or by abnormal modification or use of the product, not planned or specified by the Company, do not may engage the liability of the Company, nor its guarantee.

The Company’s liability cannot under any circumstances be called into question for events during transport, destruction, damage, loss or theft, even if it has chosen the carrier.

Under the guarantee, the only obligation incumbent on the Company will be the free replacement of goods recognized as defective by the Company’s services. Defects and deterioration caused by natural wear and tear, vandalism, accident, natural or terrorist disaster, or by a modification of the product not planned or specified by the Company are excluded from the guarantee. Also excluded from the warranty are all products that are not suitable or not conform to the intended use for the type of items that the Company sells.

Provisions specific to the nature of the Products

The requirements of mass production are such that production gaps are inevitable between the visual design of the proof and the final appearance of the delivered Product.

The handmade nature of the Products sold authorizes and justifies a technical deviation in design and manufacturing.

Thus, the Company will not be held responsible for technical and/or commercial deviations in terms of design and manufacturing in relation to the production of: a graphic creation/BAT (Good to Print) and/or a sample (called still a model or prototype) and/or mass production.

The data emanating from the graphic creation / BAT / prototype / samples are for information purposes only and are not contractual in nature.

The Client will therefore not be able to make any claim relating to differences in performance between:

• graphic creation (or BAT) and physical production (prototype),
• manufacturing of a prototype and mass production,
• the different parts of mass production among themselves,

And in particular on:

• technical and/or commercial deviations in terms of quality, size, design, equipment and materials,
• deviations in colors, dimensions,
• visible finishing details on the finished products which are an integral and inherent part of the manufacturing techniques (visible threads, visible seams, traces of glue, etc.)

The soft toys that we manufacture are intended for children aged over 3 years or 36 months.

1. Exclusion and limitation of company liability

• Supplier Liability

The Customer declares to have been informed that the Company does not manufacture the Products sold. The Company acts within the framework of these General Terms and Conditions in its sole capacity as seller of the Products.

Consequently, in application of law n°98-389 of May 19, 1998 relating to liability for defective products, none of the damage that could possibly be caused to a Customer or to one of their property as a result of the Product will be permitted. engage the liability of the Company. Only the responsibility of the manufacturer of the Product may, in such a case, be incurred by the Customer.

Furthermore, as the Company has no oversight or control over the stock of its Suppliers, it cannot under any circumstances be held liable in the event of unavailability of a Product due to a stock shortage.

However, the Company undertakes, in the event that it is not able to provide the Customer with the Product ordered, to inform the Customer without delay and to offer to either deliver a Product of an equivalent nature and with functionalities. , or to provide him with a credit note of a value identical to the Price of the unavailable Product paid by the Customer.

• Transportation risks

The risks are transferred to the Customer upon taking physical possession of the Products. The Customer is informed that the Company uses a carrier to transport the Products, who is responsible for the risk linked to transport.

However, current regulations require the Company to be the Customer’s sole contact.

This is the reason why, in the event of non-conformity, loss or damage to the Product(s) due to transport, the Customer undertakes to contact the Company as soon as possible so that the latter can make quickly get what you need from the carrier.

The Customer must therefore, upon receipt of the Products, check their condition and compliance with the contract.

Without prejudice to the arrangements to be made with the carrier, in the event of apparent defects or missing products, any complaint, whatever its nature, relating to the products delivered, will only be accepted by the Company if it is made in writing within 3 days following delivery of the products. It is the customer’s responsibility to provide all justification as to the reality of the defects or missing items noted. In this case, the customer may request the replacement of non-compliant items and/or the addition to be made to fill in the gaps without the customer being able to claim any compensation or cancellation of the order.

Please note, the Customer declares to have been informed that the Products sold and manufactured by the Company may be compressed during transport, depending on the carrier, in order to facilitate the transport and delivery of the goods; in no case can the Company be held responsible for the consequences of this compression on the products marketed.

1. Intellectual property

• Intellectual property on the Products
• The Customer declares that the photographs and in general all the visual elements that he sends to the Company at the time of the Order, and on the basis of which the Products will be manufactured, are free of copyright and/or do not violate the rights of intellectual property of third parties.

Furthermore, any Order bearing or including the reproduction of a logo or other element protected by copyright or an industrial property title implies that the Customer is authorized to request its reproduction.

The Company reserves the right to ask the Customer for any proof of this reproduction authorization.

In the event of non-compliance with this article 14.1 by the Customer, the Company will under no circumstances be held civil or criminally liable.

The Customer expressly and irrevocably undertakes to guarantee the Company against any disturbance, claim or eviction whatsoever that could arise from a third party for any reason whatsoever, during the manufacture of the Product and relating to the visual and graphic appearance. of the product.

• In the event that the Customer is the creator of the visual of the Product, the Customer expressly assigns to the Company the right to reproduce said visual for the purposes of producing the Product.
• The Company reserves the right to include in its catalog, on its Website or its commercial brochures the visuals provided by the Customer during the Order as well as the Products ordered. The Customer declares to have been informed of this and to expressly authorize it.
• Intellectual property on the Website
• The Company is the exclusive owner of the intellectual property rights on the Website and in particular of all texts, comments, works, illustrations, videos and images, whether visual or audio, reproduced on the Website as well as its databases of which it is the producer.

All these intellectual creations are protected under copyright, trademark law, patent law, sui generis database rights and image rights, for the entire world.

These creations are the full property of the Company.

• However, the Company grants users a license allowing them to reproduce and display the contents of the Website, but only and strictly for their personal use in the context of viewing the Website and using the Services.

This license, however, excludes the right of users to modify, copy, translate, broadcast, publish, transmit, distribute, produce, display or assign the rights to any content appearing on and through the Website.

As such and in accordance with the provisions of the Intellectual Property Code, only use for private use subject to different or even more restrictive provisions of this code is authorized.

Any other use constitutes counterfeiting and is punishable under Intellectual Property law without prior authorization from the Company.

As a reminder, affixing a hypertext link to the Website, using the technique known as “framing” or “deep-linking”, is strictly prohibited.

Any form of total or partial copy, aspiration and reproduction of the database produced and operated by the Company on the Website is formally prohibited without its prior written consent.

• The Website may contain hypertext links and/or hyperlinks to sites published and hosted from third-party servers, and particularly concerning advertising banners, the management of which is in no way ensured by the Company and over which no control can be exercised.

As such, the Company declines all responsibility regarding the legal consequences linked to access to these sites from the Website.

The use of hypertext links and/or hyperlinks pointing to the Website is authorized by the Company strictly within the framework of the promotion of the Website and the Company’s Services but on the determining condition that the integrity of the Website is preserved and that no risk of confusion between the Website and sites published by third parties is noted.

In this perspective, the Company formally prohibits any user from using the techniques known as “framing”, “inline linking” and “deep-linking” relating to the unauthorized servile reproduction of the content of the Website and its integration on web pages published by third parties.

• Likewise, the Company cannot be technically able to prevent any website from containing hypertext links and/or hyperlinks, referring to the Website that it publishes.

As such, the Company declines all responsibility for the legal consequences linked to access to its Website via other websites over which it has no control or effect.

The use of hypertext links and/or hyperlinks pointing to the Website is authorized by the Company strictly within the framework of the promotion of the Website and the Company’s Services but on the determining condition that the integrity of the Website is preserved and that no risk of confusion between the Website and sites published by third parties is noted.

In this perspective, the Company formally prohibits any user from using the techniques known as “framing”, “inline linking” and “deep-linking” relating to the unauthorized servile reproduction of the content of the Website and its integration on web pages published by third parties.

1. Computing and freedoms – Personal data

• General provisions

In accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, the collection and processing of personal information collected by the Company has been declared to the Commission. Nationale de l’Informatique et des Libertés under number 1931758.

Connection data or data relating to the Customer’s navigation on the Site are collected automatically, and only relate to the origin of the connections, the IP address, the browser version and the pages consulted on the Website. Under no circumstances does the Company collect the email address without prior communication from its owner.

• Rights of access, modification, opposition and deletion

In all cases, the Customer has the right to access, modify, oppose and delete personal data concerning him by writing to the following address:

To exercise this right, the Customer may choose to send an email to the Company’s customer service at the email address contact @ ma-mascotte.com or send an email to the Personal Data Department at the address 15 Place Michelet, 37000 Tours – France.

In accordance with current regulations, any request must be signed and accompanied by a photocopy of an identity document bearing the signature of the applicant and specify the address to which the response must be sent. A response will then be sent to the Customer within two (2) months following receipt of the request.

• Use and transmission of the Customer’s personal data

In order to ensure the processing, monitoring and connection of Clients with the Company, the latter must necessarily process the Client’s personal data. The processed data is transmitted to the Company, and where applicable to the partners concerned, according to the methods and for the following purposes:

• Order management

The provision of personal data collected for the purposes of managing Orders placed by the Customer is mandatory. In their absence, the Services cannot be properly provided. This data may be transmitted to the Company’s technical service providers, for the sole purpose of the proper execution of the Services, or the establishment of statistics.

• Payment management

The Company is obliged to collect certain personal information from the Customer in order to be able to invoice the latter for the prices of the Products and delivery costs.

The Customer has the right to access, modify, rectify and delete personal information collected by the Company concerning him.

• Cookies
• When consulting the Site, information relating to the Customer’s navigation on the Site may be recorded in “cookie” files installed on the Customer’s computer or mobile terminal, in particular for the purposes of retargeting marketing, subject to the choices that it will have expressed when the banner concerning cookies appears on the Site and which it may modify at any time.

When the Customer enters the Site, an information message will be displayed to warn them of the use of cookies: “ By continuing to browse this site, you accept that cookies are used to improve your experience user “.

This message is accompanied by a cross-shaped button to hide the message and a “ Learn more and manage settings ” link to an internal page of the Site.

• Use of cookies by the Company

Cookies are alphanumeric identifiers which are transferred to the Customer’s hard drive via the Internet browser, in order to allow the system to recognize the Customer’s browser and to offer appropriate services.

Cookies are used by the Company to remember the Client’s preferences, to optimize and improve the Client’s use of the Site by providing content which is more precisely adapted to their needs.

“Cookies” are used to:

• Identify the Customer when connecting to the Site;
• Determine the Customer’s Internet browser settings, such as the type of browser used and the plug-ins installed on it;
• Memorize, where applicable, the Customer’s shopping cart and purchase options;
• Know the products searched for and purchased on the Site by the Customer in order to offer them suitable suggestions.

No personal data is collected as part of this activity, only statistical data is collected and analyzed for the purposes of optimizing the Site.

Only the issuer of a cookie is likely to read or modify the information contained therein.

Some cookies are installed until the Customer’s browser is closed, others are kept for longer. Cookies are kept for a maximum period of 12 (twelve) months.

• Management of cookies by the Customer

The Help section (or any equivalent section) of the toolbar of most browsers indicates how to refuse new “cookies” or obtain a message indicating receipt, or how to disable all “cookies”.

The cookies that the Company issues are used for the purposes described below, subject to the Customer’s choices, which result from the settings of their browser software used during their visit to the Site and their agreement by clicking on the “ok” button. » of the banner concerning cookies.

Several possibilities are offered to the Customer for managing cookies. Any setting by the Customer on the use of cookies may modify their browsing on the Internet and their conditions of access to certain services requiring the use of cookies.

The Customer can choose at any time to express and modify their wishes regarding cookies, by the means described below.

The Customer can configure his browser software so that cookies are recorded in his terminal or, on the contrary, that they are rejected, either systematically or depending on their issuer. The Customer can also configure his browser software so that the acceptance or refusal of cookies is offered to him from time to time, before a cookie is likely to be recorded in his terminal.

• Behavioral cookies

The Company does not currently collect or process personal information known as “behavior” of the Customer, as defined by Order No. 2011-1012 of August 24, 2011 relating to electronic communications.

Any installation of behavioral cookies on the Site by the Company will be subject to express prior authorization from the Customer.

1. Correspondence – proof

Unless otherwise specified in these General Terms and Conditions, correspondence exchanged between the parties is carried out by email.

In application of articles 1365 et seq. of the Civil Code and, where applicable, article L.110-3 of the Commercial Code, the parties declare that the information delivered by email is authentic between the parties as long as no written contradictorily authenticated and signed, calling into question this computerized information, is produced.

Elements such as the time of receipt or transmission, as well as the quality of the data received will be given priority as appearing on the Company’s information systems or as authenticated by the Company’s computerized procedures. unless written proof to the contrary is provided by the Client and/or the Company.

1. Force majeure

• Any event beyond the control of the Company and against which it could not reasonably protect itself constitutes a case of force majeure and as such suspends the obligations of the parties, such as for example without this list being exhaustive: a social movement or a technical breakdown (edf, erdf, telecommunications operators, Internet access or hosting providers, Registrars, etc.), a stoppage of energy supply (such as electricity), a network failure electronic communication on which the Company depends and/or networks which would replace it.
• The Company cannot be held responsible, or considered as having failed in its obligations provided for in these General Terms and Conditions, for any non-performance linked to a case of force majeure as defined by French law and jurisprudence, on the condition that it does so. notifies the other party on the one hand, and that it does its best to minimize the damage and execute its obligations as quickly as possible after cessation of the force majeure event on the other hand.

1. Updating the T&Cs

These General Terms and Conditions may be modified at any time at the initiative of the Company. Any modification of these General Terms and Conditions as well as the documents referred to therein will be applicable after this modification.

1. Entirety

The provisions of these General Terms and Conditions express the entire agreement concluded between the Customer and the Company. They prevail over any proposal, exchange of letters prior to and subsequent to the conclusion of these presents, as well as over any other provision appearing in the documents exchanged between the parties and relating to the subject of the General Terms and Conditions, unless an amendment duly signed by the representatives of both parts.

1. Nullity

If one or more provisions of these T&Cs are held to be invalid or declared as such in application of a law, a regulation or following a decision that has become final by a competent court, the other stipulations of these T&Cs will retain all their strength and scope.

If applicable, the Company undertakes to immediately delete and replace said clause with a legally valid clause.

1. Title

In the event of difficulty of interpretation between the title of any of the articles and any of the clauses, the titles will be deemed unwritten.

1. mediation

In accordance with articles L.616-1 and R.616-1 of the Consumer Code, we offer a consumer mediation system. The mediation entity selected is: CNPM – CONSUMER MEDIATION. In the event of a dispute, you can submit your complaint on its website: https://cnpm-mediation-consommation.eu or by post by writing to CNPM – MEDIATION – CONSOMMATION – 27 avenue de la Libération – 42400 Saint-Chamond.

1. Attribution of jurisdiction – Applicable law

Any difficulty arising from the interpretation and/or execution hereof will be subject, in the absence of amicable resolution, to the assessment of the competent French courts; the only applicable laws being French laws.

***

These General Conditions of Sale have been approved by Ms. Sacha NAPARSTEK, Lawyer at the Paris Bar.

Appendix 1: legal provisions applicable to sales law

1. Provisions of the consumer code

Article L217-4 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. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »

Article L217-5 of the Consumer Code

“The property complies with the contract:

1° If it is suitable for the use usually expected of similar goods and, where applicable:

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

• if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or if it presents 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. »

Article L217-6 of the Consumer Code

“The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them. »

Article L217-7 of the Consumer Code

“Defects of conformity which appear within a period of twenty-four months from delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.

For goods sold second-hand, this period is set at six months.

The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. »

Article L217-8 of the Consumer Code

“The buyer has the right to demand that the goods conform to the contract. However, he cannot contest conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect originated in the materials he himself supplied. »

Article L217-9 of the Consumer Code

“In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.

However, the seller may not proceed according to the buyer’s choice if this choice results in a cost that is manifestly disproportionate with regard 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. »

Article L217-10 of the Consumer Code

“If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.

The same faculty is open to him: 

1° If the solution requested, proposed or agreed in application of the Product cannot be implemented within one month following the buyer’s complaint; 

2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking. 

However, the sale cannot be canceled if the lack of conformity is minor. »

Article L217-11 of the Consumer Code

“The application of the provisions of Articles L. 217-9 and L. 217-10 takes place without any cost for the buyer. These same provisions do not prevent the award of damages. »

Article L217-12 of the Consumer Code

“The action resulting from the lack of conformity is prescribed two years from the delivery of the goods. »

1. Provisions of the civil code

Article 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 to such an extent that the buyer would not have acquired it, or would not would have given a lower price for them, if he had known them. »

Article 1642 of the Civil Code

“The seller is not liable for apparent defects of which the buyer was able to convince himself. »

Article 1643 of the Civil Code

“He is liable for hidden defects, even if he is not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee. »

Article 1644 of the Civil Code

“In the case of Articles 1641  and 1643 , the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded. »

Article 1645 of the Civil Code

“If the seller knew of the defects in the thing, he is liable, in addition to restitution of the price he received, for all damages owed to the buyer. »

Article 1646 of the Civil Code

“If the seller is unaware of the defects in the item, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale. »

Article 1647 of the Civil Code

“If the thing which had defects perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for restitution of the price and other compensation explained in the two preceding Articles. But the loss occurring by fortuitous event will be for the account of the buyer. »

Article 1648 of the Civil Code

“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by Article 1642-1 , the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be released from apparent defects or lack of conformity. »