Terms and conditions of sale
These general conditions of sale (hereinafter the "General Conditions") apply to any purchase made by an Internet user / individual (hereinafter the "CUSTOMER") on the website www.corseboutique.fr (hereinafter the "WEBSITE") from TOON, SARL registered in the register of commerce and companies BASTIA under the number B 394 926 430, having its registered office Lot les chênes verts, France Tel: 0495461783, Fax: 0495613657, email: firstname.lastname@example.org (hereinafter the "SELLER").
IMPORTANT Any order placed on the WEBSITE necessarily implies the CLIENT's unreserved acceptance of these general terms and conditions of sale.
The terms used below have, in these General Terms and Conditions, the following meaning: "CUSTOMER": means the SELLER's co-contracting party, which guarantees to have the status of consumer as defined by French law and jurisprudence. As such, it is expressly provided that this CUSTOMER acts outside of any usual or commercial activity. "DELIVERY": refers to the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated at the time of the order. "PRODUCTS": refers to all of the products available on the SITE. "TERRITORY": refers to metropolitan FRANCE, including Corsica (excluding DOM/TOM).
These General Terms and Conditions govern the sale by the SELLER to its CUSTOMERS of the PRODUCTS. The CUSTOMER is clearly informed and acknowledges that the WEBSITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from separate contractual conditions.
3. Acceptance of the general terms and conditions
The CLIENT undertakes to read these General Terms and Conditions carefully and to accept them before proceeding with the payment of an order of PRODUCTS placed on the WEBSITE. The present General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CLIENT is invited to read carefully, download, print the General Conditions and to keep a copy. The SELLER advises the CLIENT to read the General Conditions for each new order, the latest version of the said Conditions applying to any new order for PRODUCTS. By clicking on the first button to place the order and then on the second button to confirm said order, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitation or condition.
4. Opening an account - Buying products on the site
In order to be able to purchase a PRODUCT, the CLIENT must be at least 18 years of age and have legal capacity or, if a minor, be able to prove the agreement of his legal representatives. The CLIENT will be asked to provide information to identify him/her by completing the form available on the WEBSITE. The sign (*) indicates the mandatory fields that must be completed for the CLIENT's order to be processed by the SELLER. The CLIENT can check the status of his order on the WEBSITE. The tracking of DELIVERIES may, if necessary, be carried out using the online tracking tools of certain carriers. The CUSTOMER may also contact the SELLER's sales department at any time by e-mail at email@example.com to obtain information on the status of his order. The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CLIENT to confirm, by any appropriate means, its identity, eligibility and the information provided.
5.1 Product Characteristics
The SELLER shall endeavour to present as clearly as possible the main characteristics of the PRODUCTS (on the information sheets available on the WEBSITE) and the mandatory information that the CLIENT must receive by virtue of the applicable law (in these General Terms and Conditions). The CLIENT undertakes to read this information carefully before placing an order on the SITE. The SELLER reserves the right to modify the selection of PRODUCTS available on the SITE, in particular according to the constraints related to its suppliers. Unless expressly indicated otherwise on the WEBSITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and standards applicable in France.
5.2. Ordering procedure
Orders for PRODUCTS are placed directly on the WEBSITE. To place an order, the CLIENT must follow the steps described below (please note, however, that depending on the CLIENT's home page, the steps may differ slightly).
5.2.1. Selection of PRODUCTS and purchase options
The CUSTOMER shall select the PRODUCT(s) of his choice by clicking on the PRODUCT(s) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER's basket. The CUSTOMER can then add as many PRODUCTS to his basket as he wishes.
Once the PRODUCTS have been selected and placed in his basket, the CUSTOMER must click on the basket and check that the contents of his order are correct. If the CLIENT has not yet done so, he will then be asked to identify himself or to register. Once the CUSTOMER has validated the contents of the basket and has identified/registered, an online form will be displayed to the CUSTOMER's attention, automatically completed and summarising the price, applicable taxes and, where applicable, delivery costs. The CUSTOMER is invited to check the contents of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its contents. The CLIENT may then proceed to pay for the PRODUCTS by following the instructions appearing on the SITE and provide all the information necessary for invoicing and DELIVERY of the PRODUCTS. Concerning the PRODUCTS for which options are available, these specific references appear when the right options have been selected. Orders placed must include all information necessary for the proper processing of the order. The CLIENT must also indicate the delivery method chosen.
5.2.3. Acknowledgement of receipt
Once all the steps described above have been completed, a page will appear on the SITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgement of receipt of the order is automatically sent to the CLIENT by e-mail, provided that the e-mail address communicated through the registration form is correct. The SELLER shall not send any order confirmation by post or fax.
During the order procedure, the CUSTOMER must enter the information required for invoicing (the sign (*) will indicate the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER). In particular, the CLIENT must clearly indicate all information relating to the DELIVERY, in particular the exact address of DELIVERY, as well as any possible access code to the DELIVERY address. The CLIENT must then specify the means of payment chosen. Neither the order form that the CLIENT draws up online, nor the acknowledgement of receipt of the order that the SELLER sends to the CLIENT by e-mail shall constitute an invoice. Regardless of the method of order or payment used, the CLIENT shall receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
5.3. Date of the order
The date of the order is the date on which the SELLER acknowledges online receipt of the order. The deadlines indicated on the WEBSITE do not begin to run until this date.
For all the PRODUCTS, the CLIENT will find on the WEBSITE prices displayed in euros, all taxes included, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen). In particular, prices include value added tax (VAT) at the rate in force at the date of order. Any change in the applicable rate may affect the price of the PRODUCTS from the date of entry into force of the new rate. The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold. The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the WEBSITE may change. They may also be modified in case of special offers or sales. The prices indicated are valid, except in case of gross error. The applicable price is the price indicated on the SITE on the date the order is placed by the CLIENT.
5.5. Availability of PRODUCTS
Depending on the PRODUCT concerned, the SELLER applies a "just-in-time" stock management system. Therefore, depending on the case, the availability of the PRODUCTS depends on the SELLER's stocks. The SELLER undertakes to honour orders received subject to the PRODUCTS being available. The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. The CLIENTS may also be informed of the restocking of a PRODUCT by the SELLER. In any event, if the unavailability has not been indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable. The SELLER may, at the CLIENT's request: Either offer to ship all the PRODUCTS at the same time as soon as the PRODUCTS that are out of stock are available again, Or proceed with partial shipment of the PRODUCTS that are available initially, then ship the remainder of the order when the other PRODUCTS are available, subject to clear information concerning the additional shipping costs that may be incurred, Or offer an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT. If the CLIENT decides to cancel its order for unavailable PRODUCTS, it shall obtain a refund of all sums paid for the unavailable PRODUCTS, without delay and no later than thirty (30) days of payment.
6. Right of withdrawal
The terms and conditions of the right of withdrawal are set out in the "withdrawal policy", a policy available in Annex 1 hereto and accessible at the bottom of each page of the SITE via a hypertext link.
7.1. Means of payment
The CLIENT may pay for its PRODUCTS online on the WEBSITE according to the means proposed by the SELLER. The CLIENT guarantees the SELLER that it holds all the authorisations required to use the chosen means of payment. The SELLER shall take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the SITE. In this respect, it is specified that all information relating to payment provided on the SITE is transmitted to the SITE bank and is not processed on the SITE.
7.2. Date of payment
In the event of a single payment by credit card, the CLIENT's account will be debited as soon as the order for PRODUCTS is placed on the SITE. In case of partial DELIVERY, the total amount will be debited from the CLIENT's account at the earliest when the first package is shipped. If the CLIENT decides to cancel its order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these General Terms and Conditions.
7.3. Delay or refusal of payment
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service Department in order to pay for the order by any other valid means of payment. In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the money flow due by the CLIENT proves impossible, the order will be cancelled and the sale automatically terminated.
8. Proof and Archiving
Any contract entered into with the CUSTOMER corresponding to an order for an amount greater than 120 euros including tax will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the French Consumer Code. The SELLER agrees to archive this information in order to monitor transactions and to produce a copy of the contract at the CLIENT's request. In the event of a dispute, the SELLER shall have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
9. Transfer of ownership
The SELLER shall remain the owner of the PRODUCTS delivered until full payment by the CLIENT. The above provisions shall not prevent the transfer to the CLIENT, upon receipt by it, or by a third party designated by it other than the carrier, of the risks of loss or damage to the PRODUCTS that are the subject of the reservation of ownership, as well as the risks of damage that they may cause.
The terms and conditions of DELIVERY of the PRODUCTS are provided for in the "delivery policy" referred to in Annex 2 hereof and accessible at the bottom of each page of the SITE via a hypertext link.
The PRODUCTS will be packed in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to comply with the same standards when returning PRODUCTS under the conditions set out in Appendix 1 - Withdrawal Policy.
12.1. Guarantee of conformity
The SELLER is obliged to deliver a PRODUCT that is in conformity, i.e. suitable for the expected use of a similar good and corresponding to the description given on the SITE. This conformity also assumes that the PRODUCT has the qualities that a buyer may legitimately expect in view of the public statements made by the SELLER, including in advertisements and on labels. In this context, the SELLER is liable for any defects of conformity existing at the time of delivery and any defects of conformity resulting from the packaging, assembly instructions or installation when the latter has been put at his expense or has been carried out under his responsibility. The action resulting from the lack of conformity shall be time-barred after two (2) years from the DELIVERY of the PRODUCT. In the event of a lack of conformity, the CLIENT may request the replacement or repair of the PRODUCT, at its discretion. However, if the cost of the CUSTOMER's choice is clearly disproportionate compared to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed to a refund, without following the option chosen by the CUSTOMER. In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address Lot les chênes verts.
12.2 Warranty for hidden defects
The SELLER shall be bound by the warranty on account of the hidden defects of the PRODUCT sold which render it unfit for the use for which it is intended, or which so diminish this use that the CUSTOMER would not have acquired it, or would only have paid a lower price for it, if he had known about them. This warranty allows the CLIENT who can prove the existence of a latent defect to choose between reimbursement of the price of the PRODUCT if it is returned and reimbursement of part of its price if the PRODUCT is not returned. In the event that a replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address Lot les chênes verts. The action resulting from latent defects must be brought by the CLIENT within two (2) years from the discovery of the defect.
The responsibility of the SELLER may under no circumstances be engaged in the event of non-performance or poor performance of contractual obligations attributable to the CUSTOMER, in particular when entering the order. The SELLER may not be held liable, or considered as having failed hereunder, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of the French courts and tribunals. It is further specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published on them. Links to third party websites are provided for information purposes only and no guarantee is provided as to their content.
14. Personal data
The SELLER collects on the WEBSITE personal data concerning its Customers, including by means of cookies. CUSTOMERS may deactivate cookies by following the instructions provided by their browser. The data collected by the SELLER is used to process orders placed on the SITE, manage the CLIENT's account, analyse orders and, if the CLIENT has chosen this option, send him/her commercial prospecting letters, newsletters, promotional offers and/or information on special sales, unless the CLIENT no longer wishes to receive such communications from the SELLER. The CLIENT's data is kept confidential by the SELLER in accordance with its declaration made to the CNIL, for the purposes of the contract, its execution and in compliance with the law. CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by e-mail. The data may be communicated, in whole or in part, to the SELLER's service providers involved in the order process. For commercial purposes, the SELLER may transfer to its commercial partners the names and contact details of its CUSTOMERS, provided that they have given their prior consent when registering on the WEBSITE. The SELLER will specifically ask the CLIENTS if they wish their personal data to be disclosed. CLIENTS may change their mind at any time on the WEBSITE or by contacting the SELLER. The SELLER may also ask its CLIENTS if they wish to receive commercial solicitations from its partners. In accordance with the law n°78-17 of January 6, 1978 relating to data processing, data files and liberties, the CLIENT benefits from a right of access, rectification, opposition (for legitimate reasons) and deletion of his personal data. He can exercise this right by sending an e-mail to the following address: firstname.lastname@example.org or by sending a letter to Lot les chênes verts. It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document or by sending the SELLER a photocopy of his identity document.
The SELLER provides the CUSTOMER with a "Customer Telephone Service" on the following number: 0495461783 (non surcharged number). Any written complaint by the CLIENT must be sent to the following address: Lot les chênes verts.
16. Intellectual Property
All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law. These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request the SELLER's authorisation in writing. This authorization of the SELLER will in no case be granted definitively. This link must be removed at the request of the SELLER. Hypertext links to the WEBSITE using techniques such as framing (framing) or insertion by hypertext links (in-line linking) are strictly prohibited.
17. Validity of the General Terms and Conditions
Any change in the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Terms and Conditions shall not affect the validity of these General Terms and Conditions. Such a modification or decision does not in any way authorize the CUSTOMERS to disregard the present General Conditions. Any conditions not expressly dealt with herein shall be governed in accordance with the custom of the retail sector for companies whose registered office is located in France.
18. Modification of the General Terms and Conditions
These Terms and Conditions apply to all online purchases made on the SITE, as long as the SITE is available online. The General Conditions are dated accurately and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order. Changes made to the General Conditions shall not apply to PRODUCTS already purchased.
19. Jurisdiction and applicable law
The present General Terms and Conditions as well as the relations between the CLIENT and the SELLER are governed by French law. In the event of a dispute, only the French courts shall be competent. However, prior to any recourse to an arbitral or state judge, preference shall be given to negotiation in a spirit of loyalty and good faith with a view to reaching an amicable agreement when any dispute arises relating to this contract, including its validity. The party wishing to implement the negotiation process shall inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the conflict. If, after a period of fifteen (15) days, the parties are unable to reach an agreement, the dispute shall be submitted to the competent court designated hereafter. Throughout the negotiation process and until its conclusion, the parties shall refrain from taking any legal action against each other and for the dispute that is the subject of the negotiation. By way of exception, the parties shall be entitled to apply to the court for interim relief or to seek an order on application. Any action before the court for interim measures or the implementation of proceedings on application shall not entail any waiver by the parties of the amicable settlement clause, unless they expressly agree otherwise.
Appendix 1: Withdrawal Policy
Principle of retraction
The CLIENT shall have the right in principle to return or return the PRODUCT to the SELLER or to a person designated by the SELLER, without undue delay, and at the latest within fourteen (14) days following communication of its decision to withdraw, unless the SELLER proposes to recover the PRODUCT himself.
The withdrawal period expires fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the PRODUCT. If the CLIENT's order covers several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT. Notification of the right of withdrawal To exercise its right of withdrawal, the CLIENT must notify its decision to withdraw from this contract by means of an unambiguous statement to : Lot les chênes verts or email@example.com. He may also use the form below:
- For the attention of [*] (*Coordinates of)
- SELLER'S PHONE NUMBER* :
- SELLER's fax number* :
- SELLER's e-mail address* :
I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT below:
PRODUCT Reference :
Invoice number :
Purchase order number :
- Ordered on [____________]/Received on [________________]
- Means of payment used :
- Name of the CUSTOMER and, if applicable, the beneficiary of the order :
- CLIENT's address:
- Delivery address :
- Signature of the CLIENT (except in the case of transmission by e-mail)
For the withdrawal period to be respected, the CUSTOMER must transmit its communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of retraction by the CLIENT, the SELLER undertakes to reimburse all sums paid, including delivery costs without undue delay and, in any event, no later than fourteen (14) days from the day the SELLER is informed of the CLIENT's wish to retract. The SELLER shall proceed with the refund using the same means of payment as the CLIENT used for the initial transaction, unless the CLIENT expressly agrees to a different means, in any event, this refund shall not incur any costs for the customer. The SELLER may postpone the refund until the goods are received or until the CLIENT has provided proof of shipment of the goods, whichever occurs first.
The CUSTOMER shall, without undue delay and in any event no later than fourteen (14) days after communication of its decision to withdraw from this contract, return the goods to : Lot les chênes verts. This time limit is deemed to have been respected if the CLIENT returns the goods before the fourteen (14) day period expires. Return costs The CLIENT shall bear the direct costs of returning the goods. Condition of the returned goods The PRODUCT must be returned in accordance with the SELLER's instructions and include all the accessories delivered. The CLIENT shall only be liable for any depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the PRODUCT. In other words, the CLIENT has the possibility of testing the PRODUCT but its liability may be engaged if it carries out manipulations other than those necessary. Packaging The PRODUCTS are packaged in accordance with the transport standards in force, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS must comply with the same standards when returning PRODUCTS. As such, the CLIENT is invited to return the PRODUCT that does not suit him in its original packaging and in good condition, suitable for its re-marketing.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases: Supply of goods or services whose price depends on fluctuations in the financial market Supply of goods made to the CLIENT's specifications or clearly personalized Supply of goods that are likely to deteriorate or expire rapidly Supply of sealed audio or video recordings or software that have been unsealed after delivery Newspaper, periodical, magazine (except for subscription contracts) Supply of hosting services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a specific date or period of performance Supply of goods which by their nature are inseparably mixed with other items Supply of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CLIENT after DELIVERY. The supply of alcoholic beverages whose price was agreed at the time of the conclusion of the sales contract, whose delivery can only be made after 30 days and whose actual value depends on fluctuations in the market beyond the control of the SELLER The supply of non-supplied dematerialised digital content if performance has commenced with the prior express consent of the consumer, who has also acknowledged that he will thereby lose his right of withdrawal Contracts concluded at a public auction
Appendix 2: Delivery Policy
The PRODUCTS offered can only be delivered on the TERRITORY. It is impossible to place an order for any delivery address outside this TERRITORY. The PRODUCTS are shipped to the delivery address(es) indicated by the CLIENT during the ordering process.
The deadlines for preparing an order and then establishing the invoice, before shipping the PRODUCTS in stock are mentioned on the WEBSITE. These lead times do not include weekends or public holidays. An electronic message will automatically be sent to the CLIENT when the PRODUCTS are dispatched, provided that the electronic address given in the registration form is correct.
Delivery time & costs
During the ordering process, the SELLER shall indicate to the CLIENT the possible delivery times and shipping formulas for the PRODUCTS purchased. Shipping costs are calculated according to the delivery method. The amount of these costs shall be payable by the CLIENT in addition to the price of the PRODUCTS purchased. The delivery times and costs are detailed on the SITE.
Terms and conditions of delivery
The package will be given to the CLIENT against signature and on presentation of an identity document. In the event of absence, a notice of passage will be left with the CLIENT, to enable him to collect his parcel from his post office.
The CUSTOMER is informed of the delivery date set at the time it chooses the carrier, at the end of the online ordering procedure, before confirming the order. It is specified that deliveries will be made within a maximum of thirty (30) days. Failing this, the CUSTOMER must give the SELLER formal notice to deliver within a reasonable period of time and in the event of non-delivery within this period, the CUSTOMER may terminate the contract. The SELLER shall reimburse the CLIENT, without undue delay from receipt of the cancellation letter, the total amount paid for the PRODUCTS, including taxes and delivery costs, using the same payment method as that used by the CLIENT to purchase the PRODUCTS. The SELLER shall be liable until delivery of the PRODUCT to the CLIENT. The CLIENT is reminded that the CLIENT has a period of three (3) days to notify the carrier of any damage or partial loss noted upon delivery.