Article 1 – Definitions
These General Terms and Conditions of Sale (hereinafter "GTC") are offered by the company FIRST NAME LAST NAME / COMPANY NAME, under business number xxxxxxxxxx and whose registered office is located at YOUR ADDRESS (hereinafter "STORE NAME").
Hereinafter referred to as:
"Site": the website "https://domainname.com" and all its pages, exclusive property of the Company.
"Products" or "Services": all products (material) and services (prestations) that can be purchased or subscribed to on the Site.
"Seller": STORE NAME, a legal or natural person, offering its Products or Services on the Site.
"Client": the internet user, individual or professional, purchasing Product(s) or Service(s) on the Site.
"Consumer", in accordance with the definition in the preliminary article of the Consumer Code: "any natural person who acts for purposes which are outside the scope of his commercial, industrial, craft or liberal activity".
The internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to carefully read these GTC, print them and/or save them on a durable medium, before placing an order on the Site.
The Client acknowledges having read and fully accepts the GTC.
Article 2 – Application of GTC and purpose of the Site
The Seller reserves the right to modify the GTC at any time by publishing a new version thereof on the Site.
The GTC applicable to the Client are those in force on the day of their order on the Site.
Legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general terms of use, the legal notices and the data charter of this Site.
This Site offers online sales of products to specify the type of products sold (niche/sub-niche).
The Site is freely accessible to any Client. The acquisition of a Product or a Service implies the Client's full acceptance of these GTC, who thereby acknowledges having fully read them. This acceptance may consist, for example, for the Client, in ticking the box corresponding to the acceptance phrase of these GTC, for example stating "I acknowledge having read and accepted all of the Site's general terms and conditions". Ticking this box shall be deemed to have the same value as a handwritten signature from the Client.
Acceptance of these GTC implies that Clients have the necessary legal capacity to do so. If the Client is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, curator or their legal representative.
The Client acknowledges the probative value of the Seller's automatic recording systems and, unless they provide proof to the contrary, waives the right to dispute them in the event of a dispute.
Any Order for Products implies unreserved acceptance by the Client and their full and complete adherence to these General Terms and Conditions of Sale, which prevail over any other document: catalogues, advertisements, notices, unless expressly agreed otherwise in advance by the Company.
Article 3 – Customer Service
The customer service of this Site is accessible by email at the following address: "contact@domainname.com" by form or by postal mail to the address indicated in the legal notices. The Client must indicate in the e-mail their first name, last name, the subject of their request and their Order number.
For any professional request (partnership, media, contract proposal), the Company can only be reached by e-mail at contact@domainname.com.
Article 4 – Order placement procedure and description of the purchase process
The Products and Services offered are those listed in the catalog published on the Site. Each product is accompanied by a description prepared by the Seller based on the descriptions provided by the supplier.
The photos on the Site are not contractual and may vary slightly from the photographed models. These variations are due to the settings of different screens and cameras, product lighting, viewing angle, etc.
"Basket" is defined below as the intangible object grouping all the Products or Services selected by the Client of the Site for purchase by clicking on these items. To proceed with their order, the Client chooses the Product(s) they wish to order by adding them to their "Basket", the content of which can be modified at any time.
The Client places the Order via the Site: the Client registers and validates the Order on the Site.
To place an Order on the Site, the Client freely selects one or more Products from the Site's catalog by clicking on the "add to Basket" button. On the "Basket" page, the Client can check the details of their Order and correct any errors before confirming it.
On the "Information" page, the Client must enter their contact information. They can opt for order tracking by email by ticking the required box.
On the "Delivery" page, the Client must choose the shipping method offered to them.
On the "Confirmation" page, the Client must enter their bank details and billing address. The Client also has the option to enter a promotional code if they have one.
A complete summary of the Order appears. The Client has the option to modify all elements of the Order before finalization. The Client is responsible for any errors relating to the Order, Products and contact information.
The sale is validly formed when the Client has confirmed the Order by clicking on the "Finalize my order" button, has accepted the General Terms and Conditions of Sale, and has proceeded with payment according to the chosen methods, subject to the exercise of the right of withdrawal.
The order validation date corresponds to the date of receipt of the full payment including all taxes, duly recorded.
Article 5 – Price and payment terms
Unless otherwise stated, the prices appearing in the catalogue are understood to be in Euros, all taxes included (TTC), taking into account the VAT applicable on the day of the order and excluding any possible participation in processing and shipping costs.
STORE NAME reserves the right to pass on any change in the VAT rate to the price of Products or Services. The Seller also reserves the right to modify its prices at any time. Nevertheless, the price appearing in the catalogue on the day of the order will be the only one applicable to the Client.
The Client can place an order on this Site and make payment by Credit Card, Apple Pay or Paypal. Credit card payments are made via secure transactions provided by an online payment platform provider.
This Site does not have access to any data relating to the Client's payment methods. Payment is made directly to the bank or payment provider receiving the Client's payment. In case of payment by bank transfer, the delivery times defined in the "Deliveries" article of these GTC only start from the date of effective receipt of payment by the Seller, who can prove it by any means. Product availability is indicated on the Site, in the description sheet of each Product.
STORE NAME will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. Computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 6 – Deliveries
Delivery costs will be indicated to the Client before any payment. The Site has no geographical delivery limitation; orders can be shipped anywhere in the world. The delivery times indicated during the order are for informational purposes and remain dependent on possible delays from postal services or other specific cases preventing delivery (demonstrations, bad weather, etc.).
In the event of delivery of a Product outside the territory of the European Union and in the French overseas departments and territories, the Client declares themselves the importer of the Product and accepts that in such a case the Seller may be materially unable to provide them with accurate information on the total amount of costs related to customs duties and formalities or import taxes applicable in the country where the delivery of the Product is requested.
Unless otherwise stated on the Site during the order process or in the description of the ordered Products, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Client.
In the event of a hand delivery, the client may refuse a package at the time of delivery if they notice an anomaly concerning the delivery (damage, missing Product compared to the delivery note, damaged package, broken Products, etc.); any anomaly must then imperatively be indicated by the Client on the delivery note, in the form of handwritten reservations, accompanied by the Client's signature. To exercise their right of refusal, the Client must open the damaged or defective package(s) in the presence of the carrier and have them take back the damaged goods. In the case of mailbox delivery, the client undertakes to immediately check the package and contact STORE NAME support if they notice any anomaly. Failing to comply with these provisions, the Client will not be able to exercise their right of refusal, and the Seller will not be obliged to accede to the Client's request to exercise the right of refusal.
If the Client's package is returned to the Seller by the Post Office or other postal providers, the Seller will contact the Client upon receipt of the returned package to ask them what to do with their order. If the Client mistakenly refused the package, they can request its reshipment by first paying the postal fees for the new shipment. Postal fees must be paid even for orders for which shipping was free at the time of order.
In case of delivery error or exchange (if the right of withdrawal is applicable, i.e. if the Client is a Consumer and the contract made to acquire the Product or Service allows withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or mishandling by the Client cannot be attributed to the Seller.
Any delay in delivery compared to the date or deadline indicated to the Consumer Client during their order or, in the absence of a date or deadline indication at the time of order, exceeding thirty (30) days from the conclusion of the contract may lead to the cancellation of the sale at the initiative of the Consumer Client, upon written request from them by registered letter with acknowledgment of receipt, if after having enjoined the Seller to carry out the delivery, the Seller has not complied. The Consumer Client will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, for all sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.
Specific case of a package whose tracking number indicates that it has been "delivered" but not received in the mailbox: if the Client notices and informs the Seller that the package is not in their mailbox despite its tracking number indicating that it has been "delivered", customer service may ask for additional information and an official document from La Poste responding to their complaint regarding the corresponding tracking number. The Seller will then make every effort to guarantee Client satisfaction by notably proposing the immediate reshipment of the products at their own expense.
Article 7 – Right of withdrawal and withdrawal form
The Consumer Client has fourteen (14) working days from the date of receipt of their ordered product to withdraw. They will be required to return any product that does not suit them and request an exchange or refund without penalty, with the exception of return costs, within fourteen days from the receipt by STORE NAME of the refund request.
The Product must be returned in perfect condition, in its original sealed packaging, and unused. The Consumer Client can find below a standard withdrawal form for an order placed on the Site, to be sent to STORE NAME. It is understood that the Client will bear the cost of returning the Product in case of withdrawal.
It is recommended that the Client carries out the return using a solution that allows parcel tracking. Otherwise, if the returned parcel does not reach the Seller, it will not be possible to open an investigation with the postal services to ask them to locate it.
The refund will be made using the same payment method chosen by the Client for the initial transaction, unless the Client expressly agrees for the Seller to use another payment method, and provided that the refund does not incur costs for the Client.
The Seller also reserves the right to defer the refund until receipt of the Product or as long as the Client has not demonstrated that they have shipped the Product, if such a demonstration has not taken place previously.
In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product(s), the Client's liability may be engaged.
In accordance with Article L121-17 of the Consumer Code, ("Hamon Law") of June 2014, the Consumer Client can find below a standard withdrawal form for an order placed on the site:
Withdrawal Form
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of:
FIRST NAME LAST NAME
Postal address
I / We (*) hereby notify you of my / our (*) withdrawal from the contract for the sale of the following goods:
Order number:
Name / First Name:
Phone number:
Email address:
Postal address:
Reason for complaint:
Exchange* (mention desired product)
Refund* (attach a complete bank account statement with IBAN and BIC mentioned)
Signature of the Client(s) (only in case of notification of this form on paper):
Date:
(*) Delete as appropriate.
Article 8 – Product Warranty
Legal provisions to be reproduced
The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
The consumer may decide to invoke the warranty against hidden defects of the item sold as defined in Article 1641 of the Civil Code, unless the seller has stipulated that they shall not be bound by any warranty; in the event of this warranty being invoked, the buyer has the choice between rescinding the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. They have a period of two years from the discovery of the defect.
The postponement, suspension or interruption of the limitation period cannot have the effect of extending the extinctive limitation period beyond twenty years from the day the right arose in accordance with Article 2232 of the Civil Code.
All items purchased on this site benefit from the following legal guarantees, provided for by the Civil Code:
Legal guarantee of conformity
The Seller is obliged to deliver goods that conform to the contract concluded with the Consumer Client and to be liable for any conformity defects existing during the delivery of the Product. The conformity guarantee may be exercised if a defect exists on the day the Product is taken possession of.
However, it will be up to the Client to prove that the defect indeed existed at the time the Product was taken possession of.
"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 entails a cost that is manifestly disproportionate compared to the other option, taking into account the value of the goods or the significance of the defect. The seller is then obliged to proceed, unless impossible, according to the option not chosen by the buyer."
Legal warranty against hidden defects
In the event of non-conformity of a delivered Product, it may be returned to the Seller who will exchange it. If it is impossible to exchange the Product (obsolete Product, out of stock, etc.), the Client will be reimbursed by cheque or bank transfer for the amount of their order. The costs of the exchange or reimbursement procedure (in particular the return shipping costs of the Product) are then borne by the Seller.
Article 9 – Liability
The Seller, STORE NAME, cannot be held liable for the non-performance of the concluded contract due to the occurrence of a force majeure event. Regarding the Products purchased, the Seller shall not incur any liability for any indirect damages arising from these terms, loss of operation, loss of profit, damages or costs that may arise.
The choice and purchase of a Product or Service are the sole responsibility of the Client. Total or partial inability to use the Products, particularly due to hardware incompatibility, cannot give rise to any compensation, refund, or invocation of the Seller's liability, except in the case of a proven hidden defect, non-conformity, defectiveness, or exercise of the right of withdrawal if applicable, i.e., if the Client is not a Consumer Client and the contract entered into to acquire the Product or Service allows withdrawal, in accordance with Article L 121-21 of the Consumer Code.
The Client expressly acknowledges using the Site at their own risk and under their sole responsibility. In any event, STORE NAME cannot be held liable for:
any direct or indirect damage, particularly regarding loss of profits, loss of earnings, loss of clientele, loss of data which may result, among other things, from the use of the Site, or, conversely, from the impossibility of its use;
a malfunction, unavailability of access, improper use, improper configuration of the Client's computer, or the use of an uncommon browser by the Client;
the content of advertisements and other links or external sources accessible by Clients from the Site.
The Seller's liability cannot therefore be engaged if the characteristics of the Products differ from the visuals present on the Site or if these are erroneous or incomplete.
Article 10 – Force majeure
In accordance with Article 1218 of the Civil Code, events beyond the control of the parties, which they could not reasonably have been expected to foresee, and which they could not reasonably avoid or overcome, are considered as cases of force majeure or unforeseeable circumstances, insofar as their occurrence makes the performance of obligations totally impossible.
The occurrence of a case of force majeure will automatically suspend the execution of the Order.
Beyond a period of ninety (90) calendar days, if the parties note the persistence of the force majeure event, the Order may be cancelled by either party, and the sales contract terminated. For this purpose, the most diligent party must send the other a registered letter with acknowledgement of receipt denouncing the said sales contract.
The effective date of termination will be the date of the first presentation of the letter. In this hypothesis, neither party may claim damages, unless otherwise agreed by both parties.
Article 11 – Intellectual Property Rights
All elements of this Site belong to the Seller or a third-party agent, or are used by the Seller with the authorization of their owners.
All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the Site are protected under copyright, trademark law, image rights and patent law. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the Site. Any simple or hypertext link is strictly forbidden without the express written consent of the Company. In all cases, any link, even tacitly authorized, must be removed upon simple request from the Company.
Only the use of the Site for private purposes, subject to different or more restrictive provisions of the Intellectual Property Code, is authorized.
Any total or partial reproduction of the Company's catalogue is strictly prohibited. Any other use constitutes counterfeiting and is punishable under Intellectual Property Law unless prior authorization is obtained.
Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this enumeration being exhaustive, is strictly prohibited and constitutes counterfeiting.
Any Client who is guilty of counterfeiting may have their account deleted without notice or compensation and without this deletion being considered a damage, without prejudice to any subsequent legal action against them, at the initiative of the Seller or its agent.
The trademarks and logos contained on the Site may be registered by STORE NAME, or possibly by one of its partners. Anyone who proceeds to their representation, reproduction, embedding, distribution and redistribution incurs the penalties provided for in Articles L.713-2 et seq. of the Intellectual Property Code.
Article 12 – Processing of personal data
The Company collects Client data:
a) for the purpose of processing and tracking the Client's Order on its Site; (and/or)
b) for the purpose of being able to contact you about various events related to the Company, including updates to Products and customer relationship management; (and/or)
c) for the purpose of gathering information to improve the Site and our Products (particularly through cookies).
The collected data is processed by the Site's contractual service providers who are responsible for the packaging and distribution of the ordered Products, as well as by the hosting provider Shopify Inc., whose servers are secured and protected by a firewall.
The collected data is kept by the Company only for the time corresponding to the purposes of the collection mentioned above and which shall in no case exceed five (5) years.
In accordance with Law No. 2018-493 of June 20, 2018, relating to the protection of personal data, and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation (GDPR), the Client benefits from a right of access, modification, rectification, deletion, or opposition for legitimate reasons regarding their data.
The Client can exercise their rights by e-mail to contact@domainname.com.
Article 13 – User Comments and Other Submissions
If the Client sends ideas, proposals, or other materials, whether online, by email, by post, or otherwise (collectively, "comments"), whether at the Company's request or not, the Client grants the Company the right, at all times, and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any media any comment that the Client sends to it.
The Company is not and shall not be obliged (1) to maintain the confidentiality of any comments; (2) to pay compensation to anyone for any comments provided; (3) to respond to any comments.
The Company may monitor, modify, or delete content that it deems, in its sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes any intellectual property or these General Terms and Conditions of Sale.
The Client agrees to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. The Client agrees not to include illegal, defamatory, offensive or obscene content in their comments, and that they will not contain computer viruses or other malicious software that could affect the operation of the Site or other associated websites. The Client agrees not to use a false e-mail address, pretend to be someone else, or attempt to mislead the Company and/or third parties as to the origin of their comments.
The Client is entirely responsible for their published comments and their accuracy. The Company assumes no responsibility and disclaims any commitment with regard to comments published by the Client or any third party.
Article 14 – Severability of clauses
If any provision of the GTC is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the GTC and shall not affect the validity and enforceability of the remaining provisions.
These GTC replace all prior or contemporaneous written or oral agreements. The GTC are not assignable, transferable, or sub-licensable by the Client themselves.
A printed version of the GTC and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to the GTC. The parties agree that all correspondence relating to these GTC must be written in the French language.
Article 15 – Applicable Law and Mediation
These General Terms and Conditions of Sale are governed by French law.
The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited or opposing, stolen or falsified bank card. In this context, no amicable conciliation attempt will be accepted.
The fact that a clause of these General Terms and Conditions of Sale becomes null and void shall not affect the validity of the other stipulations and shall not exempt the Client from fulfilling their contractual obligations.
Indemnity
You agree to defend, indemnify and hold the Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third-party due to or arising out of your use of the website or our products and services, your breach of the terms or your breach of your acknowledgments, agreements, representations, warranties and obligations hereunder.
National or cross-border disputes that may arise regarding the validity, interpretation, execution or non-execution, interruption or termination of this contract may be submitted to mediation at the Client's request.
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, a Mediator approved by the Commission d'Evaluation et de Contrôle de la Médiation de la Consommation (CECMC), is appointed as Consumer Mediator, to facilitate the resolution of disputes between the Company and its Clients, for a period of three (3) years from [01/05/2019].
The European Commission's website describes the mediation process used and allows Clients to submit a mediation request online, along with supporting documents.
The dispute cannot be examined by the Mediator if:
- the Client does not provide proof of having first attempted to resolve their dispute directly with the Company through a written complaint,
- the request is manifestly unfounded or abusive,
- the dispute has been previously examined or is currently being examined by another mediator or a court,
- the consumer submitted their request to the mediator more than one year after their written complaint to the Company,
- the dispute does not fall within their area of competence.
Mediation is free for the Client. If the Client uses, at any stage of the mediation, a lawyer, a third party of their choice, or an expert to defend them, they alone will bear the costs.
The Mediator may not receive any instructions from the parties nor be remunerated based on the result.
Participation in mediation does not exclude the possibility of recourse to a court. The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions. In the event of a dispute before a judge, jurisdiction is attributed to the competent French court.
The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited or opposing, stolen or falsified bank card. In this context, no amicable conciliation attempt will be accepted.
The fact that a clause of these General Terms and Conditions of Sale becomes null and void shall not affect the validity of the other stipulations and shall not exempt the Client from fulfilling their contractual obligations.
Parts Warranty:
The warranty is limited to 30 days following the purchase date under normal use conditions and excluding breakdowns caused by an external factor. Under these conditions, the seller undertakes to replace the defective part.
All rights reserved – July 01, 2022
Article 16: SMS Policy
SMS Policy:
By consenting to STORENAME SMS marketing at checkout and initializing a purchase or subscribing through our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including review requests from us, even if your mobile number is registered on a state or federal Do Not Call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you with in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us for more information at https://domainname.com/pages/contact or contact@domainname.com.
We have the right to change any telephone number or short code we use to operate the service at any time. You will be notified on these occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in those messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or service.
Your right to privacy is important to us. You can see our privacy policy: https://domainname.com/policies/privacy-policy to determine how we collect and use your personal information.