Conditions Générales de Vente de produits, version en vigueur au 1er mars 2019
Véronique COMBE représentant Boule de Coton
RCS de Nîmes, n° 848 382 461
Siège social : 8 Bis Impasse Henri Barbusse 30129 MANDUEL
1 / SCOPE OF APPLICATION
These General Terms and Conditions of Sale (hereinafter the "GTCS") apply to sales of products made on the website www.boule-de-coton.com (hereinafter the “Site") between the customer, who is 18 years old or older (hereinafter the "Customer") and Véronique COMBE representing Boule de coton (hereinafter the "Company"). Access to the site is free any user.
In the context of these GTCS, the term "Products" refers to the various items sold by the Company on the Site.
The Customer acknowledges having read and accepted these GTCS prior to ordering.
The GTCS are applied to the exclusion of all other conditions, including those that may be in force for in-store sales.
Any order made on the Site is governed by the GTCS online at the date of validation of the order by the Customer.
If any of the clauses of the GTCS proved to be null, in particular following an amendment of the legislative or regulatory provisions applicable to this clause, only the latter would be deemed Unwritten, all other stipulations being fully maintained.
For any information, the customer service of Boule de Coton can be contacted:
By mail: firstname.lastname@example.org
By phone: 07.67.22.52.45 (Monday to Friday, from 9.30 am to 4 pm)
By postmail: Boule de coton, 8 Bis Impasse Henri Barbusse 30129 MANDUEL
2 / ORDERS
The products offered on the Site by the Company are governed by these GTCS.
The commercial offer will include, in addition to the products details, the prices, the payment terms and conditions (currency, deadline). The Customer is invited to consult the availability of the Products on the information pages on the Site.
The Products sold comply with the legal, regulatory and normative provisions in force at the time of the online posting of the offers.
Orders are made on the Site by following the following process:
a) Choice of the Product: The Customer selects the Product (s) that he/she wishes to order;
b) Checking the content of the selection: The Client checks the contents of his/her cart while keeping the possibility of deleting the selected Product (s);
- When the Customer has an account on the Site, he/she provides his/her login credentials to connect to the Site to continue his/her purchase.
- When the Customer does not yet have an account on the Site, he/she completes the registration form in order to create an account and identify him/herself on the Site and proceed with the purchase.
d) Acknowledgment and acceptance of the GTCS: The Customer is invited to read the GTSC and express unequivocally its acceptance of the GTCS
e) Verification of the order: The Customer checks the content of his/her order, the total price, the delivery and billing addresses, while keeping the possibility of deleting a product or changing the delivery and billing addresses;
f) Choice of delivery terms: The Customer specifies the delivery method chosen
g) Choice of payment method: The Customer chooses the method of payment according to the methods defined in article 4
h) Confirmation of the order: The Customer confirms his/her order after checking it by clicking on the "Order" button. During the final validation of the order, the Customer clicks on the button "Pay my order", thus expressly acknowledging his/her obligation to pay for his/her order
i) Acknowledgment of receipt of the order: The Customer receives an e-mail summarising the contents of his/her order, namely:
- the number of his/her order
- the list and the price of the ordered Products
- the delivery terms and the price thereof.
This document is the proof of the order. The Customer thus can download or print all the legal information relating to his/her order.
j) Order processing: The order is then registered by the Company who then commits to it. In the absence of immediate availability, the Company will inform the Client as soon as possible by e-mail. In the event of cancellation of the order, the Customer will be refunded within a maximum of fourteen (14) days, from the time of his/her request for reimbursement.
k) Confirmation of sending the order: The Customer will receive an e-mail or an SMS confirming the sending of his/her order. The contract is deemed to be concluded on the date of sending this e-mail or this text message.
Any order accepted by Boule de Coton can not be canceled by the Customer except under the conditions defined in article 3.
3 / RIGHT OF WITHDRAWAL
The Customer has, in accordance with legal provisions, a period of fourteen (14) calendar days from receipt of the Product by him/herself, or a designated third party other than the carrier, to exercise his/her right of withdrawal without having to justify his/her decision.
To exercise his/her right of withdrawal, the Customer must notify Boule de Coton by using the standard withdrawal form provided on the Site or, failing that, by an unambiguous declaration. The post office stamp can be used as a valid proof that the fourteen (14) day period has been respected by the Customer.
The Customer must return the products to Boule de coton as soon as possible or, at the latest, within the fourteen (14) days period of withdrawal. The Products must be returned in its original packaging and in perfect condition.
As part of the exercise of his right of withdrawal, the costs for returning the Products are the sole responsibility of the Customer.
Following the exercise by the Customer of his/her right of withdrawal, Boule de Coton will reimburse him/her all sums received, including delivery charges (except for additional costs resulting, if any, from the Customer's choice of 'a delivery method other than the standard delivery method proposed by the Company) without undue delay and, in any event, no later than the fourteen (14) days period of withdrawal.
Boule de Coton reimburses using the same method of payment used by the Client for the initial transaction, except with the express agreement of the Customer for Boule de Coton to use another means of payment and to the extent that the reimbursement does not result in fees for the Customer. In no event will Boule de coton refund by gift certificate.
4 / PRICE - INVOICING
The prices of the Products offered by Boule de Coton are billed at the rate in force on the day of placing the order. Prices are quoted in euros, all taxes included, excluding delivery costs which are billed separately.
Boule de Coton reserves the right to modify its selling prices at any time, provided however that the price guaranteed to the Customer is the one indicated on the Site the day of the confirmation of the order.
5 / PAYMENT METHOD
The proposed payment method is:
• Through the Paypal interface
In the event of late payment or bounced payment, penalties are due and interest accrues automatically from the day following the settlement date on the invoice.
The late penalties will be calculated at a rate that can not exceed three times the legal interest rate in force on the day of the invoice.
6 / PRODUCTS AVAILABILITY
Boule de coton is committed to honor the orders. In the absence of immediate availability, Boule de Coton agrees to inform the Customer as soon as possible by e-mail. In case of cancellation decided by the Customer, it will be refunded within a maximum period of 14 days, from the receipt of its refund request.
Boule de Coton also reserves the right to refuse any order relating to a quantity of Products that is manifestly abnormal compared to the usual level of orders placed by an individual for his/her personal needs.
Any quantitative or qualitative modification of the order by the Customer can be accepted only with the prior agreement of the Company.
7 / TRANSFER OF OWNERSHIP - TRANSFER OF RISKS
The Products remain the property of Boule de Coton until full payment is made to Boule de Coton. However, the transfer of risks to the Customer is effective the moment to customer receives the products.
8 / DELIVERY
Products ordered and purchased on the Site are delivered at the customer’s personal address or at the Mondial Relay Point indicated by the Customer during the ordering process. The delivery times indicated correspond to the processing, preparation and delivery times of the order.
For all Products, the order is prepared for a departure from the Boule de Coton workshop within a maximum period of 3 days (subject to availability of the Products) from the confirmation by e-mail of the order. Delivery is then made by carrier within a maximum of:
- 3 to 5 working days to the address chosen by the Customer.
- 3 to 6 days in the Partner Relay Point chosen by the Customer.
Point-Relay partners in which Products may be withdrawn are those indicated on the Website.
Beyond this period, the Customer has the option to cancel his/her order without charge. The Company will then refund the Client within 14 days of receipt of the Client's written cancellation request by the same means of payment.
Upon receipt of the order, the Customer will verify the compliance of the Products received according to his/her order. Any anomaly concerning the delivery (Missing or damaged products, damaged parcels) must imperatively be notified by the Customer, within a maximum period of three days following the reception of the Products, to Boule de Coton.
In any case, Boule de Coton can not be held responsible for the consequences due to a delay of delivery attributable to inaccurate or incomplete information concerning the delivery address, to a strike, to a stop of means of transport, to a administrative decision or any other event constituting a case of force majeure that would have the effect of preventing delivery.
9 / PACKAGING
Boule de coton guarantees the respect of the regulation in force concerning the packagings and packing of the Products as well as their conditions of transport and storage before or during delivery.
10 / GUARANTEE - CUSTOMER SERVICE
Legal guarantee of conformity (art 211-4 and S. Consumer Code)
In accordance with the legal provisions, Boule de Coton guarantees the conformity of the Products sold. The Customer has a period of 2 years from the delivery of the Product to act. The Customer has the choice to request the repair or replacement of the Product, subject to the manifestly disproportionate cost of the request under the other modality.
The Customer is exempted from reporting the proof of the lack of conformity during the 6 months following the delivery. Beyond this, the Customer must prove that the Product is not fit for the usual use of a similar Product or that it does not have the characteristics defined by mutual agreement between the parties.
This legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
Legal guarantee of hidden defects: (art 1641 et seq., Art 2232 Civil Code)
The Customer may also decide to implement the guarantee against hidden defects, arising from a defect in the design or production of the Products and rendering them unfit for the use for which they were intended, to the exclusion of any negligence or fault client. He can then choose between the resolution of the sale or a reduction of the selling price.
The Products sold benefit from legal warranties provided that the use has been in accordance with the manufacturer's instructions and that the care instructions have been followed.
These legal warranties do not cover damage resulting from misuse of the Product or normal wear and tear from its use.
To be able to benefit from one of the legal warranties, the Customer must imperatively keep the invoice for the purchase of the Product as well as the delivery note. In case of repair or replacement of a defective item within the Product sold by Boule de Coton, the latter reserves the right to require the Customer to return the defective part.
11 / FORCE MAJEURE
Boule de coton will be released from its obligations for any event, independent of its will, which prevents or delays the delivery or the provision of the Products, assimilated contractually to the force majeure. This will be the case in the event of events occurring within Boule de Coton, such as: lock out, strike, epidemic, embargo, accident, interruption or delay in transport, impossibility to be supplied, defective raw materials, or any other event beyond the control of the Company leading to partial or total unemployment.
12 / INTELLECTUAL PROPERTY
All texts, comments, illustrations and images reproduced on the Site are reserved under copyright and intellectual property for the whole world. Any total or partial reproduction of the Boule de Coton Website is strictly prohibited.
The Customer who has a Website for personal use and who wishes to place, for personal use, on his/her Site a simple link directly to the home page of said Site, must compulsorily ask permission to Boule de Coton . It is not, in this case, an implicit agreement of affiliation.
In any case, any link, even tacitly authorised, must be withdrawn on simple request of Boule de coton.
13 / PERSONAL DATA
The data collected and subsequently processed by Boule de Coton are those that the Customer transmits when placing the order. These data are:
• The name and surname
• A phone number
• A valid email address
• A billing mailing address
The data identified as mandatory within the order form is required for order management and business relationships. They can be transmitted to the companies that contribute to the execution of the services and orders, to their management, execution, processing and payment. The data concerning the Customer are stored and are kept for the period strictly necessary for the accomplishment of the purposes mentioned above.
In accordance with the law "Informatique et Libertés" of January 6, 1978, the Customer has a right of access, rectification and opposition to personal data concerning him/her. He/she only has to contact Boule de Coton (by email or postmail), indicating his/her surname, first name, e-mail address and, if possible, his/her Customer reference.
In the event that the Customer subscribes, when ordering, to an information service (newsletter) and / or promotional offers of Boule de Coton, but no longer wishes to receive the said offers, he/she may, at any time, make the request to Boule de Coton, indicating his/her name, first name, e-mail address and if possible his/her Customer reference.
14 / MISCELLANEOUS PROVISIONS
These Terms are completely independent of any other contract between the parties.
As such, the claims arising from the application of the GTCS can not in any case be offset by other claims arising from the application of any other contractual agreement between the parties.
If the Customer incurs any costs concerning any type of procedures for which Boule de Coton could be concerned and on the basis of which the Customer could believe to be justified to claim damages, and without having agreed with Boule de coton beforehand, the Customer will bear the said costs without being able to claim any refund of the sums committed.
15 / DISPUTES
The applicable law is French law. Any dispute will be referred exclusively to the courts materially competent within the jurisdiction of the Customer's place of residence. Before the birth of any dispute, Boule de Coton invites the Customer to contact the Customer Service in accordance with the terms and conditions indicated in article 1 of these Terms and Conditions. If a dispute remains, Boule de Coton agrees to use a conventional mediation or other alternative dispute resolution process if the Client so requests.
APPENDIX: WITHDRAWAL FORM
(Use only if you wish to make use of your right of withdrawal in accordance with article 3 of these GTCS)
CONDITIONS OF RETURN
You may obtain a refund for any item purchased on the Site within fourteen (14) days of receipt of the goods (by you, or a third party other than the carrier and designated by you) .
The Products must be returned in perfect condition, in their original packaging, accompanied by their delivery note and this withdrawal form, to the address of Boule de Coton SAV, as indicated in Article 10. of these GTCS.
It will be your responsibility to keep proof of this return, the costs and risks of return being at your expense. Products returned incomplete, modified, damaged, and / or soiled will not be refunded.
Please complete this document and attach it to your package with the copy of the delivery note. For more information, we invite you to consult the Terms and Conditions on the Site.
I / we (*) hereby notify you (*) of my / our (*) withdrawal of the contract for the sale of the Product (s) mentioned below:
Date of return:. . . . . . . . /. . . . . . . . . /. . . . . . . .
Order number:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Name: . . . . . . . . . . . . . . .First name: . . . . . . . . . . . Address : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Postal code : . . . . . . . . . . City : . . . . . . . . . . . . . .
E-mail adress : . . . . . . . . . . . . . . . . . . . . . . . . . . Phone : . . . . . . . . . . . . . . . . . .
Purchase price and delivery charges
In order to improve our services, we invite you to send us any remark that may allow us to better satisfy a next order (optional):
Signature of the consumer (s) (only in case of notification of this form on paper): .... Date:
ANNEX: REMINDER OF THE TEXTS GOVERNING THE GUARANTEE
Article L. 211-4 of the Consumer Code: The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility.
Article L. 211-5 of the Consumer Code: To be in conformity with the contract, the property must:
1º Be fit for the usual use of a similar good and, where appropriate:
- correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or a model;
- present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.
Article L. 211-6 of the Consumer Code: The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately able to know them.
Article L. 211-7 of the Consumer Code: Any defects of conformity that appear within a period of six months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. The seller can combat this presumption if it is not compatible with the nature of the good or the lack of conformity invoked.
Article L. 211-8 of the Consumer Code: The buyer is entitled to demand the conformity of the property to the contract. However, he/she can not challenge compliance by invoking a defect he/she knew or could not ignore when he/she contracted. The same is true when the defect has its origin in the materials it has provided itself.
Article L. 211-9 of the Consumer Code: In case of lack of conformity, the buyer chooses between repair and replacement of the property. However, the seller may not proceed according to the choice of the buyer if this choice entails a cost obviously disproportionate with respect to the other modality, taking into account the value of the good or the importance of the defect. He/she is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.
Article L. 211-10 of the Consumer Code: If the repair and replacement of the property are impossible, the buyer can return the property and be refund the price or keep the property and get a part of the price. The same option is open to him/her: 1 ° If the solution requested, proposed or agreed pursuant to Article L. 211-9 can not be implemented within one month of the buyer's complaint; 2 ° Or if this solution can not be without major inconvenience for this one taking into account the nature of the good and the use that it seeks. The resolution of the sale can not however be pronounced if the lack of conformity is minor.
Article L. 211-11 of the Consumer Code: The provisions of Articles L. 211-9 and L. 211-10 apply without any cost to the buyer. These same provisions do not prevent the award of damages.
Article L211-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 211-13 of the Consumer Code: The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the French Civil Code or any other action of a contractual or extra-contractual nature which is recognized by the law.
Article L211-14 of the Consumer Code: The recourse action may be exercised by the final seller against the successive sellers or intermediaries and the producer of tangible personal property, according to the principles of the civil code. Article 1386-1 of the Civil Code: The producer is liable for the damage caused by a defect in his product, whether or not he is bound by a contract with the victim.
Article 1386-4 of the Civil Code: A product is defective within the meaning of this title when it does not offer the security to which one can legitimately expect. In the assessment of safety that may legitimately be expected, account must be taken off all the circumstances and in particular the presentation of the product, the use that may reasonably be expected and the time of its implementation. circulation. A product can not be considered defective by the mere fact that another, more advanced, has been put into circulation afterwards.
Article 1386-17 of the Civil Code: An action for compensation based on the provisions of this Title is prescribed within a period of three years from the date on which the plaintiff knew or ought to have known of the damage, defect and the identity of the producer.
Article 1641 of the Civil Code: The seller is bound by the guarantee for reasons of hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which diminish so much this use, that the buyer would not have not acquired, or would have given a lower price, if he had known them.
Article 1642 of the Civil Code: The seller is not liable for obvious defects and which the buyer could convince himself. Article 1643 of the Civil Code: He is held hidden defects, even if he would not have known them, unless, in this case, he has stipulated that he will not be obliged to any guarantee.
Article 1644 of the Civil Code: In the case of articles 1641 and 1643, the buyer has the choice to return the thing and to be refunded the price, or to keep the thing and get a part of the price.
Article 1645 of the Civil Code: If the seller knew the defects of the thing, he is held, in addition to the return of the price he has received, all damages and interest to the buyer.
Article 1646 of the Civil Code: If the seller was unaware of the defects of the thing, he will be held only to the restitution of the price, and to refund to the purchaser the expenses occasioned by the sale. Article 1647 of the Civil Code: If the thing that had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and other compensation explained in both articles precedents. But the accidental loss will be on behalf of the buyer.
Article 1648 paragraph 1 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.