Article 1 – Definitions
These General Terms and Conditions of Sale (hereinafter the "GTC") are offered by the company FIRST NAME LAST NAME / COMPANY NAME, under company number xxxxxxxxxx and whose registered office is located at YOUR ADDRESS (hereinafter "STORE NAME").
Hereinafter, we will refer to:
"Site": the website "https://domainname.com" and all its pages, exclusive property of the Company.
"Products" or "Services": all products (material) and services (benefits) that can be purchased or subscribed to on the Site.
"Seller": STORE NAME, a legal entity or natural person, offering its Products or Services on the Site.
"Client": the internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Site.
"Consumer", in accordance with the definition in the preliminary article of the Consumer Code: "any natural person who acts for purposes which are outside the scope of his commercial, industrial, craft or liberal activity".
The internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these GTC carefully, to print them and/or to save them on a durable medium, before placing an order on the Site.
The Client acknowledges having read and fully accepts the GTC.
Article 2 – Application of the GTC and purpose of the Site
The Seller reserves the right to modify the GTC at any time by publishing a new version thereof on the Site.
The GTC applicable to the Client are those in force on the day of their order on the Site.
Legal information concerning the host and publisher of the Site, the collection and processing of personal data, and the conditions of use of the Site are provided in the general terms of use, legal notices, and data charter of this Site.
This Site offers the online sale of products to specify the type of products sold (niche/sub-niche).
Access to the Site is free and open to all Clients. The acquisition of a Product or Service implies the Client's acceptance of all of these GTC, who thereby acknowledges having full knowledge of them. This acceptance may consist, for example, of the Client checking the box corresponding to the acceptance phrase of these GTC, for example stating "I acknowledge having read and accepted all the general terms and conditions of the Site". Checking this box will be deemed to have the same value as a handwritten signature by the Client.
Acceptance of these GTC implies that Clients have the necessary legal capacity to do so. If the Client is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, curator or their legal representative.
The Client acknowledges the probative value of the Seller's automatic registration systems and, unless they provide proof to the contrary, they waive the right to dispute them in the event of a dispute.
Any Order for Products implies the Client's unreserved acceptance and full adherence to these General Terms and Conditions of Sale, which prevail over any other document: catalogues, advertisements, notices, unless expressly and priorly agreed otherwise by the Company.
Article 3 – Customer service
The customer service of this Site is accessible by email at the following address: " contact@domainname.com", by form, or by postal mail at the address indicated in the legal notices. The Client must indicate in the email their first name, last name, the subject of their request, and their Order number.
For any professional request (partnership, media, contract proposal), the Company can only be reached by e-mail at contact@domainname.com.
Article 4 – How to place orders and description of the purchase process
The Products and Services offered are those listed in the catalog published on the Site. Each product is accompanied by a description prepared by the Seller based on descriptions provided by the supplier.
The photos on the Site are not contractual and may vary slightly from the models photographed. These variations are due to the settings of different screens and cameras, product lighting, shooting angle, etc.
"Cart" is defined below as the intangible object grouping together all the Products or Services selected by the Client of the Site for purchase by clicking on these items. To proceed with their order, the Client chooses the Product(s) they wish to order by adding them to their "Cart", the content of which can be modified at any time.
The Client places the Order on the Site: the Client registers and validates the Order on the Site.
To place an Order on the Site, the Client freely selects one or more Products from the Site's catalog, by clicking on the "add to Cart" button. On the "Cart" page, the Client can check the details of their Order and correct any errors, before confirming it.
On the "Information" page, the Client must enter their contact information. They can opt for email tracking of their Order by checking the required box.
On the "Delivery" page, the Client must choose their proposed shipping method.
On the "Confirmation" page, the Client must enter their bank details as well as the billing address. The Client also has the option to enter a promotional code if they have one.
A complete summary of the Order appears. The Client has the possibility to modify all elements of the Order before finalization. The Client is responsible for any errors relating to the Order, Products and contact information.
The sale is validly formed when the Client has confirmed the Order by clicking on the "Finalize my order" button, has accepted the General Terms and Conditions of Sale, and has made payment according to the chosen methods, subject to the exercise of the right of withdrawal.
The order validation date corresponds to the date of receipt of the full price including all taxes, duly recorded.
Article 5 – Prices and payment terms
Unless otherwise stated, the prices listed in the catalog are understood as prices in Euros including all taxes (TTC), taking into account the VAT applicable on the day of the order and excluding any participation in processing and shipping costs.
STORE NAME reserves the right to pass on any change in the VAT rate to the price of the Products or Services. The Seller also reserves the right to modify its prices at any time. Nevertheless, the price listed in the catalog on the day of the order will be the only one applicable to the Client.
The Client can place an order on this Site and can make payment by Credit Card, Apple Pay, or Paypal. Credit card payments are made via secure transactions provided by an online payment platform provider.
This Site does not have access to any data relating to the Client's payment methods. Payment is made directly between the bank or the payment provider receiving the Client's payment. In case of payment by bank transfer, the delivery times defined in the "Deliveries" article of these GTC only begin from the date of actual receipt of payment by the Seller, who can provide proof of this by any means. The availability of Products is indicated on the Site, in the descriptive sheet of each Product.
STORE NAME will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. Computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 6 – Deliveries
Delivery costs will be indicated to the Client before any payment. The Site has no geographical delivery limitations; orders can be shipped anywhere in the world. The delivery times indicated when ordering are for informational purposes only and remain dependent on any delays from postal services or other specific circumstances preventing delivery (demonstrations, bad weather, etc.).
In the event of delivery of a Product outside the territory of the European Union and in the French Overseas Departments and Territories, the Client declares themselves the importer of the Product and accepts that in such a case the Seller may be physically unable to provide them with accurate information on the total amount of costs related to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.
Unless otherwise indicated on the Site during the order process or in the description of the ordered Products, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Client.
When a product is delivered in person, the customer can refuse a package upon delivery if they notice an anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.); any anomaly must then be imperatively indicated by the Client on the delivery note, in the form of handwritten reservations, accompanied by the Client's signature. To exercise their right of refusal, the Client must open the damaged or defective package(s) in the presence of the carrier and have them take back the damaged goods. For letterbox delivery, the client agrees to immediately check the package and contact STORE NAME support if they notice any anomaly. Failing to comply with these provisions, the Client will not be able to exercise their right of refusal, and the Seller will not be obliged to accede to the Client's request to exercise the right of refusal.
If the Client's package is returned to the Seller by the Post Office or by other postal service providers, the Seller will contact the Client upon receipt of the returned package to inquire about the desired course of action for their order. If the Client has mistakenly refused the package, they can request its reshipment by first paying the postal fees for the new shipment. Postal fees must be paid even for orders for which shipping costs were offered at the time of the original order.
In the event of a delivery error or exchange (if the right of withdrawal is applicable, i.e., if the Client is a Consumer and the contract entered into to acquire the Product or Service allows for withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or incorrect handling by the Client cannot be attributed to the Seller.
Any delay in delivery compared to the date or deadline indicated to the Consumer Client when ordering or, in the absence of a date or deadline indicated when ordering, exceeding thirty (30) days from the conclusion of the contract may lead to the cancellation of the sale at the initiative of the Consumer Client, upon written request from them by registered letter with acknowledgment of receipt, if after having enjoined the Seller to make the delivery, the Seller has not complied. The Consumer Client will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was denounced, for all sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.
Specific case of a parcel whose tracking number indicates that it has been "delivered" but not received in the letterbox: if the Client notes and informs the Seller that the parcel is not in their letterbox despite its tracking number indicating that it has been "delivered", customer service may request additional information as well as an official document from La Poste responding to their claim regarding the corresponding tracking number. The Seller will then make every effort to ensure Client satisfaction by offering, in particular, the immediate reshipment of the products at its own expense.
Article 7 – Right of withdrawal and withdrawal form
The Consumer Client has fourteen (14) working days from the date of receipt of the product ordered to withdraw. They will be required to return any product that does not suit them and request an exchange or refund without penalties, with the exception of return shipping costs, within fourteen days from receipt by STORE NAME of the refund request.
The Product must be returned in perfect condition, unopened, and unused. The Consumer Client can find below a standard withdrawal form for an order placed on the Site, to be sent to STORE NAME. It is understood that the Client will bear the costs of returning the Product in case of withdrawal.
The Client is advised to return the package using a solution that allows for package tracking. Otherwise, if the returned package does not reach the Seller, it will not be possible to initiate an investigation with the postal services to request them to locate it.
The refund will be made using the same payment method as that chosen by the Client for the initial transaction, unless the Client expressly agrees that the Seller uses another payment method, and provided that the refund does not incur any costs for the Client.
The Seller also reserves the right to defer reimbursement until receipt of the Product or as long as the Client has not demonstrated that they have shipped the Product, if such a demonstration has not previously occurred.
In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the Product(s), the Client's liability may be engaged.
In accordance with Article L121-17 of the Consumer Code, ("Hamon law") of June 2014, the Consumer Client can find below a standard withdrawal form for an order placed on the site:
Withdrawal Form
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of :
FIRST NAME LAST NAME
Postal address
I / we (*) hereby notify you of my / our (*) withdrawal from the contract for the sale of the goods below:
Order number :
Name / First Name :
Phone number :
Email address :
Postal address :
Reason for claim :
Exchange* (mention the desired product)
Refund* (attach full bank details with IBAN and BIC mentioned)
Signature of Client(s) (only in case of notification of this form on paper):
Date :
(*) Delete as appropriate.
Article 8 – Product Warranty
Legal provisions to be reproduced
The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
The consumer may decide to implement the warranty against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code, unless the seller has stipulated that they will not be bound by any warranty; in the event of implementation of this warranty, the buyer has the choice between rescinding the sale or a reduction in the selling price in accordance with Article 1644 of the Civil Code. They have a period of two years from the discovery of the defect.
The postponement, suspension or interruption of the prescription cannot have the effect of extending the limitation period beyond twenty years from the day the right arose in accordance with article 2232 of the Civil Code.
All articles acquired on this site benefit from the following legal guarantees, as provided for by the Civil Code:
Legal guarantee of conformity
The Seller is obliged to deliver goods that conform to the contract concluded with the Consumer Client and to be responsible for any defects in conformity existing during the delivery of the Product. The guarantee of conformity may be exercised if a defect exists on the day the Product is taken possession of.
However, it will be up to the Client to prove that the defect did exist at the time the Product was taken possession of.
"In the event of a lack of conformity, the buyer chooses between repairing and replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the goods or the seriousness of the defect. They are then obliged to proceed, unless impossible, according to the option not chosen by the buyer."
Legal guarantee against hidden defects
In the event of non-conformity of a delivered Product, it may be returned to the Seller, who will proceed with its exchange. If it is impossible to exchange the Product (obsolete Product, out of stock, etc.), the Client will be reimbursed by check or bank transfer for the amount of their order. The costs of the exchange or reimbursement procedure (in particular the return shipping costs for the Product) are then borne by the Seller.
Article 9 – Liability
The Seller STORE NAME cannot be held responsible for the non-performance of the concluded contract due to the occurrence of a force majeure event. Regarding the purchased Products, the Seller shall not incur any liability for any indirect damages resulting from these terms, loss of business, loss of profit, damages or expenses that may arise.
The choice and purchase of a Product or Service are the sole responsibility of the Client. The total or partial impossibility of using the Products, particularly due to hardware incompatibility, cannot give rise to any compensation, refund, or invocation of the Seller's liability, except in the case of a proven hidden defect, non-conformity, defectiveness, or the exercise of the right of withdrawal if applicable, i.e., if the Client is not a Consumer Client and the contract entered into to acquire the Product or Service allows for withdrawal, according to Article L 121-21 of the Consumer Code.
The Client expressly acknowledges using the Site at their own risk and under their sole responsibility. In any event, STORE NAME cannot under any circumstances be held responsible for:
any direct or indirect damage, especially concerning loss of profits, loss of earnings, loss of clientele, or data that may result from the use of the Site, or conversely from the impossibility of its use;
a malfunction, unavailability of access, improper use, improper configuration of the Client's computer, or the use of a browser rarely used by the Client;
the content of advertisements and other links or external sources accessible to Clients from the Site.
The Seller's liability cannot therefore be engaged if the characteristics of the Products differ from the visuals present on the Site or if these are erroneous or incomplete.
Article 10 – Force majeure
In accordance with Article 1218 of the Civil Code, events independent of the parties' will, which they could not reasonably be expected to foresee, and which they could not reasonably avoid or overcome, are considered cases of force majeure or fortuitous events, insofar as their occurrence makes the performance of obligations totally impossible.
The occurrence of a case of force majeure shall automatically suspend the execution of the Order.
Beyond a period of ninety (90) calendar days, if the parties determine that the force majeure event persists, the Order may be cancelled by either party, and the sales contract terminated. To this effect, the more diligent party must send the other a registered letter with acknowledgement of receipt denouncing the said sales contract.
The effective date of termination shall be the date of the first presentation of the letter. In this event, neither party may claim damages, unless otherwise agreed by both parties.
Article 11 – Intellectual Property Rights
All elements of this Site belong to the Seller or a third-party agent, or are used by the Seller with the authorization of their owners.
All texts, comments, works, illustrations, and images, whether visual or audio, reproduced on the Site are protected by copyright, trademark law, image rights, and patent law. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the Site. Any simple or hypertext link is strictly prohibited without the express written agreement of the Company. In all cases, any link, even tacitly authorized, must be removed upon simple request from the Company.
Only the use of the Site for private use, subject to different or more restrictive provisions of the Intellectual Property Code, is authorized.
Any total or partial reproduction of the Company's catalog is strictly prohibited. Any other use constitutes counterfeiting and is sanctioned under Intellectual Property law unless prior authorization is obtained.
Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and constitutes infringement.
Any Client guilty of counterfeiting may have their account deleted without notice or compensation and without this deletion being considered a damage to them, without prejudice to any subsequent legal action against them, at the initiative of the Seller or their agent.
The trademarks and logos contained on the Site may be registered by STORE NAME, or possibly by one of its partners. Any person who represents, reproduces, interlaces, broadcasts, or re-broadcasts them is liable to the penalties provided for in Articles L.713-2 et seq. of the Intellectual Property Code.
Article 12 – Processing of personal data
The Company collects Client data:
a) for the purpose of processing and tracking the Client's Order on its Site; (and/or)
b) for the purpose of being able to contact you about various events related to the Company, including product updates and customer relationship management; (and/or)
c) for the purpose of collecting information to improve the Site and our Products (including through cookies).
The collected data is processed by the Site's contractual service providers who are in charge of packaging and distributing the ordered Products, as well as by the hosting provider Shopify Inc., whose servers are secured and protected by a firewall.
The collected data is kept by the Company only for the time corresponding to the purposes of collection mentioned above, which shall in no case exceed five (5) years.
In accordance with Law No. 2018-493 of June 20, 2018, relating to the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation (GDPR), the Client benefits from a right of access, modification, rectification, deletion, or opposition for legitimate reasons regarding their data.
The Client can exercise their rights by e-mail at contact@domainname.com.
Article 13 – User comments and other suggestions
If the Client sends ideas, suggestions, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), at the request of the Company or not, the Client grants the Company the right, at any time, and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any comments that the Client sends.
The Company is not and shall not be obliged (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comments provided; (3) to respond to comments.
The Company may monitor, modify, or delete content that it deems, in its sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes any intellectual property or these General Terms and Conditions of Sale.
The Client agrees to write comments that do not violate the rights of third parties, including copyright, trademarks, privacy, personality, or other personal or proprietary rights. The Client agrees not to include unlawful, defamatory, offensive, or obscene content in their comments, and that they will not contain computer viruses or other malicious software that could affect the operation of the Site or other associated websites. The Client agrees not to use a false email address, pretend to be someone else, or try to mislead the Company and/or third parties as to the origin of their comments.
The Client is entirely responsible for their published comments and their accuracy. The Company assumes no responsibility and disclaims all commitment regarding comments published by the Client or any third party.
Article 14 – Severability of clauses
If any provision of the GTC is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the GTC and shall not affect the validity and enforceability of the remaining provisions.
These GTC supersede all prior or contemporaneous written or oral agreements. The GTC are not assignable, transferable, or sublicensable by the Client themselves.
A printed version of the GTC and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the GTC. The parties agree that all correspondence relating to these GTCs must be drafted in the French language.
Article 15 – Applicable law and mediation
These General Terms and Conditions of Sale are subject to French law.
The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited, blocked, stolen, or forged credit card. In this context, no amicable conciliation attempt will be accepted.
The fact that a clause in these General Terms and Conditions of Sale becomes null and void shall not call into question the validity of the other stipulations and does not exempt the Client from fulfilling their contractual obligations.
Indemnity
You agree to defend, indemnify, and hold the Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the website or our products and services, your breach of the terms, or your breach of your acknowledgements, agreements, representations, warranties, and obligations hereunder.
National or cross-border disputes that may arise concerning the validity, interpretation, execution or non-execution, interruption or termination of this contract, may be submitted to mediation at the Client's request.
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, an Ombudsman approved by the Commission for the Evaluation and Control of Consumer Mediation (CECMC), is appointed as the Consumer Ombudsman, to facilitate the resolution of disputes between the Company and its Clients, for a period of three (3) years from [01/05/2019].
The European Commission's website describes the mediation process used and allows Clients to submit a mediation request online with supporting documents.
The dispute cannot be examined by the Mediator if:
- the Client does not prove to have first attempted to resolve their dispute directly with the Company through a written complaint,
- the request is manifestly unfounded or abusive,
- the dispute has been previously examined or is being examined by another mediator or by a court,
- the consumer submitted their request to the mediator more than one year after their written complaint to the Company,
- the dispute does not fall within their scope of competence.
Mediation is free for the Client. If the Client uses, at any stage of the mediation, a lawyer, a third party of their choice, or an expert to defend them, they will bear the costs alone.
The Mediator cannot receive instructions from the parties or be remunerated based on the outcome.
Participation in mediation does not exclude the possibility of recourse to a court. The parties remain free to submit their dispute to a judge under the applicable legal provisions. In the event of a dispute before a judge, jurisdiction is assigned to the competent French court.
The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited, blocked, stolen, or forged credit card. In this context, no amicable conciliation attempt will be accepted.
The fact that a clause in these General Terms and Conditions of Sale becomes null and void shall not call into question the validity of the other stipulations and shall not exempt the Client from fulfilling their contractual obligations.
Parts warranty:
The warranty is limited to 30 days following the purchase date under normal use conditions and excluding breakdowns caused by external factors. Under these conditions, the seller undertakes to replace the defective part.
All rights reserved – July 01, 2022
Article 16: SMS Policy
SMS Policy:
By consenting to SMS marketing from STORE NAME at checkout and initiating a purchase or subscribing through our subscription tools, you agree to receive recurring SMS notifications (for your order, including abandoned checkout reminders), SMS marketing offers, and transactional SMS messages, including review requests from us, even if your mobile number is registered on a national or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving SMS marketing messages and notifications, reply with STOP to any mobile message sent by us or use the unsubscribe link we provided you in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless service provider. Message and data rates may apply.
For any questions, please text HELP to the number from which you received the messages. You can also contact us at https://domainname.com/pages/contact or by email at contact@domainname.com for more information.
We have the right to change any telephone number or short code we use to operate the Service at any time. You will be notified on these occasions. You agree that any messages you send to a telephone number or short code we have changed, including STOP or HELP requests, will not be received, and we will not be required to honor requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for the failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or the Service.
Your right to privacy is important to us. You can review our Privacy Policy: https://nomdedomaine.com/policies/privacy-policy to determine how we collect and use your personal information.
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