Terms and conditions of sales
These general conditions are applicable between La Fabrique & Co ', SAS, share capital: € 4,300, registered with the RCS of Albi in France on 01/12/2021, under number 892 797 580, head office: Rouffiac le catas, 81170 MOUZIEYS PANENS, France, telephone: +33631435741, email: email@example.com, VAT not applicable, article 293B of the CGI, hereinafter “the Publisher” and any person, natural or legal, under private or public law , registered on the Site to purchase a Product, hereinafter “the Customer”.
ARTICLE 2. DEFINITIONS
"Client": any person, natural or legal, under private or public law, registered on the Site.
“Site content”: elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
"The Publisher": La Fabrique & Co ", SAS taken in its capacity as publisher of the Site.
"Internet user": any person, natural or legal, under private or public law, connecting to the Site.
"Product": goods of any kind sold on the Site by the Publisher to Customers.
"Site": website accessible at the URL www.maisoncoquelicot-store.com, as well as the related sub-sites, mirror sites, portals and URL variations.
ARTICLE 3. SCOPE
The Site is open and free to all Internet users. Browsing the Site implies acceptance by all Internet users of these general conditions. The simple connection to the Site, by any means whatsoever, in particular by the intermediary of a robot or a browser, will imply full and complete acceptance of these general conditions. When registering on the site, this acceptance will be confirmed by checking the corresponding box.
The Internet user recognizes by the same fact to have taken full knowledge of them and to accept them without restriction.
Checking the aforementioned box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user recognizes the evidential value of the Publisher's automatic registration systems and, except for him to provide proof to the contrary, he waives the right to challenge them in the event of a dispute.
These general conditions are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these general conditions assumes that Internet users have the necessary legal capacity for this, or failing that, that they have the authorization of a tutor or curator if they are unable to do so. , of their legal representative if they are minors, or that they hold a mandate if they act on behalf of a legal person.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is to sell Products to Customers.
ARTICLE 5. ORDER STEPS
In order to place an order, Internet users can select one or more Products and add them to their basket. The availability of the Products is indicated on the Site, in the description of each item. When their order is complete, they can access their basket by clicking on the button provided for this purpose.
5.2. VALIDATION OF THE ORDER BY THE INTERNET USER
By consulting their basket, Internet users will be able to verify the number and the nature of the Products they have chosen and will be able to verify their unit price, as well as their overall price. They will be able to remove one or more Products from their basket.
If their order suits them, Internet users can validate it. They will then access a form on which they can either enter their login details if they already have one, or register on the Site by completing the registration form using their personal information.
5.3. PAYMENT BY THE CUSTOMER
As soon as they are connected or after they have fully completed the registration form, Customers will be invited to check or modify their delivery and billing details, then will be invited to make their payment by being redirected for this purpose. on the secure payment interface with the words “order with payment obligation” or any similar formula.
5.4. CONFIRMATION OF THE ORDER BY THE PUBLISHER
Once payment has actually been received by the Publisher, the latter undertakes to acknowledge receipt to the Customer electronically, within a maximum of 24 hours. Within the same period, the Publisher undertakes to send the Customer an email summary of the order and confirming the processing, including all the information relating thereto.
ARTICLE 6. PRICE - PAYMENT
The applicable prices are those displayed on the Site on the day of the order. These prices can be changed at any time by The Publisher. The prices displayed are only valid on the day of the order and have no effect for the future.
The prices indicated on the Site are understood in euros, all taxes included, excluding delivery costs.
6.2. TERMS OF PAYMENT
The Customer can pay by credit card. Credit card payments are made through secure transactions provided by Shopify.
In the context of payments by bank card, the Publisher has no access to any data relating to the Customer's means of payment. Payment is made directly into the hands of the banking establishment.
In the event of payment by money order, check or bank transfer, delivery times do not begin to run until the date of receipt of payment by the Publisher.
The Publisher will send or make available to the Customer an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.
6.4. DEFAULT OF PAYMENT
The agreed payment dates may not be delayed for any reason whatsoever, including in the event of a dispute.
Any sum not paid on the due date will give rise, as of right and without formal notice, to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty prejudices the exigibility of the sums due in principal.
In addition, any delay in payment will result in the invoicing of the defaulting Customer of recovery costs in the amount of 40 euros, the immediate payment of all sums remaining due regardless of the agreed time limits, increased by an indemnity of 20% of the amount as a penalty clause, as well as the possibility of unilaterally terminating the contract to the fault of the Customer. This clause falls within the framework of the provisions of Article 1152 of the Civil Code allowing the judge to reduce the compensation if the judge considers it excessive.
6.5. RETENTION OF OWNERSHIP
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7. RESPONSIBILITY OF THE PUBLISHER
7.1. NATURE OF THE PUBLISHER'S OBLIGATIONS
The Publisher undertakes to take the care and diligence necessary to supply quality Products in accordance with the specifications of these General Conditions. The Publisher is only liable for an obligation of means concerning the services covered by this document.
7.2. FORCE MAJEURE - CUSTOMER FAULT
The Publisher will not be held liable in the event of force majeure or fault on the part of the Client, as defined in this article:
7.2.1. FORCE MAJEURE
Within the meaning of these general conditions, will be considered a case of force majeure opposable to the Customer any impediment, limitation or disturbance of the Service due to fire, epidemic, explosion, earthquake, fluctuations in the band. pass-through, breach attributable to the access provider, failure of transmission networks, collapse of facilities, illicit or fraudulent use of passwords, codes or references provided to the Customer, computer hacking, a breach security attributable to the host of the Site or to the developers, flood, blackout, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of The Editor. In such circumstances, the Publisher will be released from the performance of its obligations within the limits of this impediment, limitation or inconvenience.
7.2.2. CUSTOMER'S FAULT
Within the meaning of these General Conditions, will be considered as a fault of the Customer opposable to the latter any misuse of the Service, fault, negligence, omission or failure on his part or that of his employees, non-compliance with the advice given by The Publisher on its Site, any disclosure or illicit use of the password, codes and references of the Customer, as well as the provision of erroneous information or the lack of updating of such information in its personal space. The implementation of any technical process, such as robots, or automatic requests, the implementation of which would violate the letter or the spirit of these general conditions of sale will also be considered as a fault of the Customer.
7.3. TECHNICAL PROBLEMS - HYPERTEXT LINKS
In the event that it is impossible to access the Site, due to technical problems of all kinds, the Customer may not claim any damage and may not claim any compensation. The unavailability, even prolonged and without any limitative duration, of one or more online services, cannot constitute a prejudice for the Customers and cannot give rise in any way to the award of damages from The Editor.
The hypertext links on the Site may refer to other websites. The Publisher cannot be held liable if the content of these sites contravenes the laws in force. Likewise, the Publisher cannot be held liable if the visit by the Internet user to one of these sites causes him damage.
In the current state of the art, the rendering of the representations of the Products offered for sale on this Site, in particular in terms of colors or shapes, may vary significantly from one computer station to another or may differ from reality depending on the quality of the graphics accessories and the screen or according to the resolution of the display. These variations and differences cannot under any circumstances be attributed to the Publisher, who cannot under any circumstances be held liable as a result.
7.4. DAMAGES TO BE CHARGED BY THE PUBLISHER
In the absence of contrary legal or regulatory provisions, the Publisher's liability is limited to the direct, personal and certain damage suffered by the Customer and linked to the failure in question. The Publisher can in no way be held liable for indirect damages such as, in particular, loss of data, commercial damage, loss of orders, damage to the brand image, commercial disturbances and loss of profits or of customers. Likewise and within the same limits, the amount of damages payable by the Publisher may not in any event exceed the price of the Product ordered.
7.5. HYPERTEXT LINKS AND SITE CONTENT
The Contents of the Site are published for information only, without guarantee of accuracy. The Publisher can in no way be held liable for any omission, inaccuracy or any error contained in this information and which would be the cause of direct or indirect damage caused to the Internet user.
ARTICLE 8. FINAL STIPULATIONS
8.1. APPLICABLE RIGHT
These general conditions are subject to the application of French law.
8.2. CHANGES TO THESE GENERAL CONDITIONS
These general conditions may be modified at any time by The Publisher. The general conditions applicable to the Customer are those in force on the day of his order or of his connection to this Site, any new connection to the personal area implying acceptance, if applicable, of the new general conditions.
By virtue of the ordinance n ° 2015-1033 of August 20, 2015, all disputes with a consumer Customer which could arise within the framework of the execution of these general conditions and for which the solution could not be found prior to the amicable agreement between the parties must be submitted to Medicys: www.medicys.fr.
In addition, the Consumer Client is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main .home2.show
Any dispute relating to or in connection with this contract will be settled by arbitration in accordance with the regulations of the Digital Arbitration and Mediation Institute: www.fast-arbitre.com.
The nullity of one of the clauses of this contract will not entail the nullity of the other clauses of the contract or of the contract as a whole, which will retain their full effect and scope. In such a case, the parties must, as far as possible, replace the canceled stipulation by a valid stipulation corresponding to the spirit and the object of the present.
The absence of exercise by the Publisher of the rights which are recognized to him by the present can in no case be interpreted as a waiver of the assertion of said rights.
8.6. TELEPHONE MARKETING
The Customer is informed that he has the possibility of subscribing to the list of opposition to canvassing by telephone at the address http://www.bloctel.gouv.fr/.
8.7. LANGUAGES OF THESE GENERAL CONDITIONS
These general conditions are offered in French and in English translation.
8.8. ABUSIVE CLAUSES
The stipulations of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.