Refund policy
Website refund policy
www.maisoncoquelicot-store.com
applicable from 06/10/2021
ARTICLE 1. PARTIES
This refund policy is applicable between La Fabrique & amp; Co ', SAS with share capital: € 4,300, registered with the RCS of Albi in France on 12/01/2021, under number 892 797 580, head office: rouffiac, le catas, 81170 MOUZIEYS PANENS, France, telephone: + 33631435741, email: lafabriqueandco@gmail.com, VAT not applicable, article 293B of the CGI, hereinafter "the Publisher" and any person, natural or legal, of private or public law, registered on the Site to purchase a Product, hereinafter "the Customer".
& nbsp;
ARTICLE 2. DEFINITIONS
" Client ": any person, natural or legal, of private or public law, registered on the Site.
" Site Contents" < span style = "font-weight: 400;" data-mce-fragment = "1" data-mce-style = "font-weight: 400;">: 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. & nbsp;
" The Editor ": The Factory & amp; 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.
< p data-mce-fragment = "1"> " Site ": website accessible at the URL www.maisoncoquelicot-store . com , as well as related subsites, mirror sites, portals and URL variations.ARTICLE 3. SCOPE
The Site is free and open 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 thereby acknowledges having fully understood and accepted them without restriction. & nbsp; p>
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 contest 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. & Nbsp;
Acceptance of these general conditions assumes that Internet users have the necessary legal capacity for this, or failing that they have the authorization of a tutor or curator if they are incapable, of their legal representative if they are minors, or even that they hold a mandate if they are acting 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
5.1. COMMAND
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
By consulting their basket, Internet users will be able to check the number and the nature of the Products they have chosen and will be able to check their unit price, as well as their overall price. They will be able to remove one or more Products from their basket. & Nbsp;
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. < / p>
5.3. PAYMENT BY THE CUSTOMER
As soon as they are logged in 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. & nbsp; p>
5.4. CONFIRMATION OF THE ORDER BY THE EDITOR
Once the payment has actually been received by the Publisher, the latter undertakes to acknowledge receipt to the Client 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
6.1. PRICE
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 To be informed Shopify.
In the context of payments by credit card, the Publisher has no access to any data relating to the Customer's means of payment . Payment is made directly to the bank.
In case of payment by money order, check or bank transfer, delivery times do not start to run until the date of receipt of payment by the Publisher.
6.3. INVOICING
The Publisher will send or make available to the Client 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. span >
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 payability 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 is part of the provisions of Article 1152 of the Civil Code allowing the judge to reduce the compensation if the judge considers it to be excessive.
6.5. RESERVE OF OWNERSHIP
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this reserve clause of ownership.
ARTICLE 7. COMPLAINTS - WITHDRAWAL - GUARANTEE h3 > 7.1. CUSTOMER SERVICE
& nbsp;
Site customer service is accessible from the site's contact page: www.maisoncoquelicot-store . com / pages / contact or by email at & nbsp; lafabriqueandco@gmail.com or by post to the address indicated in article 1 of these general conditions.
7.2. RIGHT OF WITHDRAWAL - REMOTE SALE
This article 7.2 is applicable to the Customer having the quality of consumer within the meaning of the introductory article of the Code of consumption.
7.2.1. CONDITIONS OF EXERCISE OF THE RIGHT OF WITHDRAWAL
In accordance with the legislation in force on distance selling, the Customer has a period of fourteen clear days to exercise its right of withdrawal without having to justify reasons or pay penalties, with the exception, where applicable, of return costs. & nbsp;
The period mentioned in the previous paragraph runs from either the day on which the distance contract is concluded for contracts relating to the provision of a service and / or the supply of digital content not provided on a physical medium, either from the receipt of the goods by the Customer or a third party, other than the carrier, designated by him, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.
In the case of an order for several goods delivered separately or in the case of an order of a compound good of lots or multiple pieces, the delivery of which is spread over a defined period, the period starts from the receipt of the last good or lot or the last piece. For contracts providing for the regular delivery of goods during a defined period, the period starts from the receipt of the first good.
When the fourteen-day period expires on a Saturday, Sunday or a public holiday, it is extended until the first next working day.
The withdrawal decision must be notified to the Publisher at the contact details indicated in article 1 of these general conditions by means of 'a statement without ambiguity. The Customer has, for example, the possibility of using the standard form provided at the end of these general conditions. In any event, the Publisher will send the Customer an acknowledgment of receipt of said withdrawal by email as soon as possible.
7.2.2. EFFECTS OF THE RIGHT TOWITHDRAWAL
The Customer returns or returns the products to the professional or to any person designated by the latter, without undue delay and, at the latest , within fourteen days of communicating its decision to withdraw.
When the right of withdrawal is exercised, the professional is required to reimburse the Customer for all sums paid, in the best possible way. deadlines and at the latest within fourteen days of the date on which this right was exercised. Where applicable, the professional may defer the reimbursement until recovery of the Products or until the Customer has provided proof of shipment of the Products, at the earliest of the two events. Beyond that, the amount due is, as of right, productive of interest at the legal rate in force, as specified in Article L. 242-4 of the Consumer Code. & Nbsp; p >
Where applicable, the professional reimburses using the same means of payment as that used by the Client for the initial transaction , unless the Customer expressly agrees to use another means of payment and insofar as the reimbursement does not incur costs for the Customer. However, the professional is not required to reimburse the additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered. & Nbsp;
The direct costs of returning the Product are the responsibility of the Customer. These costs are estimated at a maximum of 1 euro if, due to its nature, the Product cannot normally be returned by post.
< span style = "font-weight: 400;" data-mce-fragment = "1" data-mce-style = "font-weight: 400; "> The responsibility of the Customer is only engaged with regard to the depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this Product. span >
The conditions, deadlines and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these general conditions.
7.2.3. EXCLUSIONS FROM THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply, in particular, to contracts: p>
- for the provision of services fully executed before the end of the withdrawal period and whose execution has started after the express prior consent of the Customer and express waiver of his right withdrawal;
- for the supply of goods made to the Customer's specifications or clearly personalized; span >
- for the supply of goods liable to deteriorate or expire quickly; < listyle = "font-weight: 400;" data-mce-fragment = "1" data-mce-style = "font-weight: 400;"> for the supply of goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection;
- for the supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles ;
- supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
- maintenance or repair work to be carried out urgently at the Customer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
- for the supply of audio or video recordings or computer software when they have been unsealed by the Customer after delivery; < / span>
- for the supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
- concluded in a public auction;
- the provision of accommodation services, other than residential accommodation, goods transport services, car rental , catering or leisure activities that must be provided on a specific date or period;
- for the supply of digital content not supplied on a material medium whose execution has started after the express prior agreement of the Customer and express waiver of its right of withdrawal.
Similarly, the right of withdrawal is not applicable to contracts fully executed by both parties at the express request of the Customer before the latter exercises his right of withdrawal.
& nbsp;
7.3. TERMINATION OF THE CONTRACT AT THE CUSTOMER'S INITIATIVE
The Customerconsumer may terminate the contract by registered letter with acknowledgment of receipt if the delivery date of the goods is exceeded by more than seven days. The Customer will then be reimbursed for the sums incurred by him when ordering.
This clause is not intended to apply if the delay in delivery is due to a case of force majeure. In such a case, the Client undertakes not to take legal action against the Publisher and waives the right to invoke the termination of the sale provided for in this article.
7.4. GUARANTEES
7.4.1. GUARANTEE FOR APPARENT DEFECTS
It is the Customer's responsibility to check the good condition of the Products at the time of delivery. This verification must relate in particular to the quality, quantities and references of the Products as well as their conformity with the order. No complaint will be taken into account after a period of three days from delivery. In any event, any complaint concerning the packages delivered will only be taken into account if the Customer acting as a trader has expressed reservations with the carrier in accordance with articles L. 133-3 et seq. Of the Code ofcommerce
7.4.2. GUARANTEE AGAINST HIDDEN DEFECTS
7.4.2.1. LEGAL GUARANTEES
Customers have a legal guarantee of compliant delivery (article 1604 of the Civil Code), a legal guarantee against Hidden defects (articles 1641 et seq. of the Civil Code) and a security guarantee (articles 1245 et seq. of the Civil Code). & nbsp;
Customers having the status of consumers also have a legal guarantee of conformity (articles L. 217-4 et seq. . Consumer Code). & Nbsp;
7.4.2.2. CONVENTIONAL WARRANTY
The Products benefit, in addition to the legal guarantee, from a conventional guarantee of conformity on French territory, for a period of 1 year from the delivery of the Product.
7.4.2.3. BACK
In order to implement the guarantee, it is the Customer's responsibility to return the product to the address of the head office of the Publisher , accompanied by an explanatory letter asking for either repair, exchange, or refund. & nbsp;
In any event, the Customer is requested to precisely follow the Publisher's instructions relating to the return of the Products.
The cost of returning the Product remains the responsibility of the Customer, except for Consumer Customers implementing the guarantee of conformity of Articles L. 217-4 and s. of the Consumer Code.
The Consumer Client has a period of 2 years from the delivery of the goods to act with the seller. As such, he can choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code. Finally, the Customer is exempt from providing proof of the existence of the lack of conformity of the Product during the 24 months following the delivery of the said Product, except for second-hand goods. & nbsp; Where applicable, the legal guarantee of conformity applies independently of the commercial guarantee. & nbsp; p> & nbsp; When the Consumer Client decides to implement the warranty against hidden defects, he can choose between resolution of the sale or reduction of the sale price. |
ARTICLE 8. FINAL PROVISIONS
8.1. RIGHT APPLICABLE
These general conditions are subject to the application of French law.
8.2. CHANGES TO THESE GENERAL CONDITIONS
These general conditions can be modified at any time by the Publisher. General terms 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 space entailing acceptance, if applicable, of the new general conditions.
8.3. LITIGATION
By virtue of order n ° 2015-1033 of August 20, 2015, all disputes with a consumer Client that could arise in the framework of the executionof these general conditions and whose solution cannot be found beforehand amicably 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 to the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show span> .
Any dispute relating to or in connection with this contract will be settled by arbitration in accordance with the regulations of the Digital Institute of Arbitration and Mediation: www.fast-arbitre.com .
8.4. ENTIRETY
The invalidity of one of the clauses of this contract will not result in the invalidity of the other clauses of the contract or of the contract in its comprehensiveness, which will retain their full effect and scope. In such a case, the parties must, as far as possible, replace the canceled stipulation with a valid stipulation corresponding to the spirit and the object hereof.
8.5. NON-WAIVER
The absence of exercise by the Editor of the rights which are hereby recognized may in no case be interpreted as a waiver of the assertion of said rights.
8.6. PHONE DEAL
The Customer is informed that he has the possibility of subscribing to the list of opposition to canvassing at the address http://www.bloctel.gouv.fr/ . & nbsp;
8.7. LANGUAGES OF PRESENTS 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. < / span>
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.
ARTICLE 9. SHIPPING & amp; RETURNS
ARTICLE 9.1. STORE SPECIFIC SHIPPING CONDITIONS
We use the Colissimo service of La Poste. The delivery time depends on the place of destination from mainland France: • 48 hours or 2 working days: to mainland France, Monaco and within the French overseas departments (1) and overseas local authorities • 5 to 7 days (indicative timeframe): to Overseas territories • 4 to 8 days (indicative timeframe): to international destinations, for more information, please consult our international time calculator . La Poste makes every effort to meet these delivery deadlines. However, an incident beyond their control may result in a delay, for example in the event of exceptional weather or an incident related to the shipment (damage due to insufficient packaging, illegible or incomplete address, etc.). (1) DOM: Guadeloupe, Guyana, Martinique, Réunion and Mayotte. Overseas territorial communities: Saint-Barthélemy, Saint-Martin and Saint Pierre et Miquelon. As part of home delivery, La Poste delivers your packages from Monday to Saturday excluding public holidays.
ARTICLE 9.2. STORE-SPECIFIC RETURN POLICIES
ARTICLE 9.2.1. ADDRESS IF DIFFERENT FROM THE STORE ADDRESS(THIS IS THE ADDRESS FIELD IF THE ADDRESS IS DIFFERENT THAN THE STORE ADDRESS)
& nbsp;