Terms of sale
General conditions of sale of the website
applicable from 06/10/2021
ARTICLE 1. PARTIES
These general conditions are applicable between La Fabrique & amp; Co ', SAS, 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: firstname.lastname@example.org, 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 Client".
ARTICLE 2. DEFINITIONS
"Client": any person, physical or legal, private or public law, registered on the Site.
"Contents of the Site ": 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; span >
"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.
" Site ": website accessible at the URL www.maisoncoquelicot-store.com, as well as the related sub-sites, mirror sites, portals and URL variations.< h3 data-mce-fragment = "1"> ARTICLE 3. SCOPE
The Site is freely accessible 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 fully acquainted with them and accept them without restriction.
The fact of checking the above-mentioned box will be deemed 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 ;
The acceptance of these general conditions presupposes that Internet users enjoy them of the legal capacity necessary 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 if they are mandate holders if they are acting on behalf of a person moral.
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 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 have the possibility 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 connected or after they have perfectly 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 to the secure payment interface with the words "order with obligation payment "or any similar formula. & nbsp;
5.4. CONFIRMATION OF THE ORDER BY THE PUBLISHER
Once the payment has actually been received by the Publisher , the latter undertakes to acknowledge receipt to the Customer electronically, within a maximum period 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 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 to the bank.
In case 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 Client an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.
6.4. DEFAULT OF PAYMENT
The agreed payment dates cannot be delayed for any reason whatsoever , including in the event of a dispute.
Any amount not paid on the due date will result in , 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 prejudicing the liability of the sums due in principal.
In addition, any late payment will result in invoicing the defaulting Customer of recovery costs in the amount of 40 euros, the immediate payability of all outstanding amounts 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 terminating the contract unilaterally 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 retention of title clause.
ARTICLE 7. RESPONSIBILITY FROM THE EDITOR
7.1. NATURE OF THE PUBLISHER'S OBLIGATIONS
The Publisher undertakes to take care and the diligence necessary for the supply of quality Products in accordance with the specifications of these General Conditions. The Publisher responds only to an obligation of means concerning the services subject hereof.
7.2. FORCE MAJEURE - CUSTOMER FAULT
The Publisher will not be held liable in the event of force majeure or fault of the Customer, 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 enforceable to the Customer any impediment, limitation or disturbance of the Service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, breach attributable to the access provider, failure of the transmission, collapse of installations, illicit or fraudulent use of passwords, codes or references provided to the Customer, computer hacking, a security breach attributable to the site host or to the developers, flooding, blackout, war, embargo, law, injunction, demand or demand 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 disturbance.
7.2.2. CUSTOMER FAULT
Within the meaning of these General Conditions, will be considered an enforceable fault of the Customer to the latter any misuse of the Service, fault, negligence, omission or failure on its part or that of its employees, non-compliance with the advice given by the Publisher on its Site, any disclosure or unlawful use of the password, the Customer's codes and references, as well as providing incorrect information or the lack of updating of such information in his personal space. The implementation of any technical process, such as robots, or automatic requests, the implementation of which would contravene the letter or the spirit of these general conditions of sale will also be considered as a fault of the Customer. span>
7.3. TECHNICAL PROBLEMS - HYPERTEXT LINKS
In case impossibility of access to 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. & Nbsp;
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 caused him harm. & Nbsp;
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 depending on the resolution of the display. These variations and differences can in no way be attributed to the Publisher who can in no case be held liable for this fact.
< span data-mce-fragment = "1"> 7.4. DAMAGES AT THE CHARGE OF THE PUBLISHER
In the absence of legal or regulatory provisions to the contrary , the responsibility of the Publisher is limited to the direct, personal and certain prejudice suffered by the Client 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 charged to the Publisher may not in any event exceed the price of the Product ordered.
7.5. HYPERTEXT LINKS AND CONTENTS OF THE SITE
The Contents of the Site are published for information only, without guarantee accuracy. The Publisher can in no way be held responsible 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 PROVISIONS
8.1. APPLICABLE LAW
These general conditions are subject to the application of French law. & Nbsp;
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, where applicable, of the new general conditions. & Nbsp; p>
By virtue of ordinance n ° 2015-1033 of August 20, 2015, all Disputes with a consumer Client which may arise in the context of the execution of these general conditions and whose solution cannot be found beforehand amicably between the parties must be submitted to Medicys: & nbsp; < a href = "http://www.medicys.fr/" data-mce-fragment = "1" data-mce-href = "http://www.medicys.fr/"> 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: & nbsp; < a href = "https://ec.europa.eu/consumers/odr/main/?event=main.home2.show" data-mce-fragment = "1" data-mce-href = "https://ec.europa.eu/consumers/odr/main/?event=main.home2.show"> https: // ec .europa.eu / consumers / odr / main /? event = main.home2.show & nbsp;< p data-mce-fragment = "1"> Any dispute relating to or in connection with this contract will be settled by arbitration in accordance with the rules of the Institute digital arbitration and mediation: & nbsp; www.fast-arbitre.com .
The nullity of one of the clauses of this contract will not invalidate 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 with a valid stipulation corresponding to the spirit and the object hereof.
8.5. NO- WAIVER
The lack of exercise by the Publisher of the rights recognized by these may in no case be interpreted as a waiver of the assertion of said rights.
8.6. PHONE SOLICITATION
The Customer is informed that he has the possibility to register on the list of opposition to canvassing at the address & nbsp; http://www.bloctel.gouv.fr/ . & nbsp;
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.