The General conditions of sale (hereinafter the "terms and conditions") apply to any purchase made by a visitor / natural person (hereinafter "customer") on the website http://laboutiquedestoons.com (hereinafter the "SITE") with Shop the toons, EI registered in the register of trade and companies LILLE
under number 443 409 503, having its registered office 52 Street Pastor 59200 TOURCOING,
France Tel: 03 61 92 13 80,
Fax: 03 20 11 05 08.
email: firstname.lastname@example.org (hereinafter the "seller").
Any order placed on the SITE necessarily unqualified acceptance of the customer of the General conditions of sale.
Article 1. Definitions
In these terms, the terms below have the following meaning:
- 'CUSTOMER '. : designates the Contracting Party of the seller, which guarantees have the quality of consumer such as defined by the law and the courts of France. As such, it is expressly provided that this CLIENT is outside any usual or commercial activity.
- "DELIVERY." : refers to the first presentation of the products ordered by the customer at the address of delivery indicated in the order.
- 'PRODUCTS '. : refers to all products on the SITE.
- 'TERRITORY '. : refers to Metropolitan FRANCE (excluding overseas).
Section 2. Object
These terms and Conditions govern the sale by the seller to its customers of products.
The customer is clearly informed and recognizes that the SITE is for consumers and professionals need to contact the Sales Department of the seller in order to benefit from separate contractual conditions
Article 3. Acceptance of the General conditions
The customer agrees to carefully read these terms and conditions and accept them, before proceeding to the payment of an order for products placed on the SITE.
These terms and Conditions are referenced at the bottom of each page of the SITE through a link, and should be consulted before ordering. The customer is invited to read, download, print the General Conditions and keep a copy.
The vendor advises the CLIENT to read the terms and conditions for each new order, the latest version of these terms apply to any new product order.
By clicking on the first button to place the order, then on the second to confirm the order, the customer acknowledges having read, understood and accepted the terms and conditions without limitation or condition.
Article 4. Purchase of products on the site
To buy a product, the customer must be at least 18 years of age and have the legal capacity or, if he is a minor, be able to justify the agreement of their legal representatives.
The CLIENT will be invited to provide information that allows to identify it by completing the form available on the SITE. The sign (*) indicates mandatory fields that must be filled out for order of the CLIENT is handled by the seller. The customer can check the status of his order on the SITE. The follow-up of deliveries may, where appropriate, be carried out using tracking tools online for some carriers. The customer can also contact Sales Department of the seller at any time by e-mail to the address email@example.com, in order to obtain information about 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 request the customer to confirm, by any appropriate means, his identity, his eligibility and the information provided.
Section 5. Orders
Article 5.1 product feature
The seller undertakes to present the essential characteristics of the product (on the fact sheets available on the SITE) and the mandatory information that the customer should receive under the law applicable (in these terms General).
The customer agrees to read this information carefully before placing an order on the SITE.
Unless expressly provided otherwise on the SITE, all products sold by the seller are new and in accordance with the legislation in force and standards applicable in France.
Article 5.2. Order procedure
PRODUCT orders are placed directly on the website. To place an order, the customer must follow the steps below (Please note however that depending on the start page of the CLIENT, the steps may differ slightly).
5.2.1 selection of products and buying options
The customer must select the (product (s) of their choice by clicking on the product (s) (s) concerned and by choosing characteristics and the desired quantities. Once the product has been selected, the product is placed in the basket of the customer. The latter can then add to the basket as many products as it wishes.
Once the products have been selected and placed in his cart, the customer must click on the basket and check that the content of the order is correct. If the customer did not yet, he will then be invited to identify or to register.
Once the customer has validated the contents of the basket and it will will be identified / registered, will appear to its attention an automatically complete form online and summarizing the price, applicable taxes and, where appropriate, delivery costs.
The customer is asked to verify the content of the order (including the quantity, characteristics and references of the products ordered, billing address, payment method and the price) before validating its content.
The CLIENT can then proceed to the payment of the products by following the instructions on the SITE and provide all the necessary information to the billing and the product delivery. For products for which options are available, these specific references appear when the right options have been selected. Orders must include all information necessary to the good treatment of the command.
The customer must also select the delivery method chosen.
5.2.3. acknowledgement of receipt
Once all of the above steps are completed, a page appear on the SITE in order to acknowledge receipt of the customer's order. The acknowledgement of the order is automatically copied to the customer by e-mail, provided that the electronic address provided through the registration form is correct. .
The seller sends confirmation of order by postal mail or fax.
During the order process, the customer must enter the necessary billing information (the sign (*) indicate required fields must be filled out for order of the CLIENT is handled by the seller).
The CLIENT must state clearly all information related to the delivery, especially accurate delivery, as well as any address code access to the delivery address.
The customer must then specify the chosen payment method.
The acknowledgement of receipt of the order the seller sends to the customer by e-mail or the purchase order the CLIENT establishes online are an invoice. Regardless of the mode of order or payment, the customer will receive the original of the invoice to the product delivery, inside the parcel.
5.3. the order date
The order date is the date on which the seller acknowledges receipt in the command line. The times shown on the SITE begin to run from that date.
For all products, the customer will find on the SITE of the prices posted in euros all taxes included, as well as delivery charges apply (depending on the weight of the parcel, excluding packaging and gifts, to the address of delivery with the carrier or mode of) transport).
Prices include in particular the tax on the value added (tax VAT) at the rate in force on the date of order. Any change in the applicable rate may impact the price of the product from the date of entry into force of the new rate.
The VAT rate is expressed as a percentage of the value of the product being sold.
Prices of the suppliers of the seller are subject to change. As a result, the prices listed on the SITE may change. They can also be changed in the case of offers or special sales.
The prices indicated are valid, except gross error. The applicable price is that indicated on the SITE at the date on which the order is placed by the customer.
5.5. availability of products
The unavailability of a product is normally indicated on the page of the product concerned. CUSTOMERS can also be informed of the buyer of a product by the seller.
In any case, if the unavailability has not specified when ordering, the seller agrees to inform the customer without delay if the product is out of stock.
The seller may, at the request of the customer:
Either offer to ship all products at the same time as soon as the products out of stock will be available again.
Either do a partial shipment of the products available at first, then shipping the rest command when other products will be available, subject to a clear information on the costs of transport additional which can be engaged.
Either provide an alternative product quality and equivalent price, accepted by the customer.
If the customer decides to cancel his order of unavailable products, it will get a refund of all monies paid for the unavailable product within thirty (30) days of the payment.
Section 6. Right of withdrawal
The terms of the right of withdrawal are provided in the section "Terms of exercise of the right of withdrawal", available in Annex 1 the present and accessible at the bottom of every page on the SITE via the link of the GSC.
Section 7. Payment
7.1. means of payment
The CLIENT can pay its products on the website according to the means offered by the seller.
The CLIENT guarantees to the seller that he has all the permissions required to use the chosen payment method.
The seller will take all necessary measures to ensure the security and confidentiality of the data transmitted online as part of the payment on the website.
It is precise that all related payment information provided on the SITE are transmitted to the Bank of the SITE and are not processed on the SITE.
7.2 date of payment
In case of payment by credit card, the customer's account will be charged as soon as the product order placed on the SITE.
In case of partial delivery, the total amount will be charged on behalf of the CLIENT at the earliest when the first package will be shipped. If the customer decides to cancel his order of unavailable products, the refund will be made in accordance with the last paragraph of section 5.5 of these terms and conditions.
7.3 delay or refusal of payment
If the bank refuses to charge a card or other means of payment, the customer will have to contact Service customer to the seller in order to pay the order by any other means of valid payment.
In the event where, for whatever reason, opposition, refusal or other, the transmission of the flow of money owed by the customer proves impossible, the order will be cancelled and automatically terminated sale.
Section 8. Evidence and archiving
Any contract concluded with the CLIENT corresponding to an order for an amount greater than 120 euros TTC will be archived by the seller for a period of ten (10) years in accordance with article L. 134 - 2 of the code of consumption.
The seller agrees to check this information in order to ensure a follow-up of the transactions and to produce a copy of the contract at the request of the customer.
In case of dispute, the seller will have the opportunity to prove that his electronic tracking system is reliable and the integrity of the transaction.
Article 9. Transfer of ownership
The seller remains the owner of the goods supplied until their complete payment by the customer.
The provisions above do not impede the transfer to the customer upon receipt by him or by a third party designated by him other than the carrier, risks of loss or damage of the products subject to retention of title, as well as some r ISK of damage they can cause.
Section 10. Delivery
The terms of delivery of products are provided in the 'delivery policy' referred in Annex 2 the present and accessible at the bottom of every page on the SITE via a hyperlink.
Article 11. Packaging
PRODUCTS will be packed according to standards of transport in force, in order to ensure maximum protection for products during delivery. CUSTOMERS undertake to meet the same standards when they return the product under the conditions laid down in Appendix 1 - procedure for the exercise of the right of withdrawal.
Section 12. Guarantees
12.1 compliance guarantee
Article L.211 - 4 of the French consumer Code : "The seller is required to deliver a well in accordance with the contract and is responsible for the defects existing at the time of issue. It addresses also the defects resulting from packaging, mounting or installation instructions when it has been to his office by contract or was carried out under his responsibility. »Article L.211 - 5 of the consumer Code : To be compliant with the contract, the product must:
(1) be suitable for the use normally expected of a similar property and, if so:
-match the description given by the seller and possess the qualities that it has presented to the buyer as a sample or model;
-present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
(2) or have the features defined by a common agreement of the parties or be clean for any special use sought by the buyer, brought to the attention of the seller and the latter has accepted.
The seller is obliged to deliver a consistent product that is suitable for the use expected from a similar and corresponding to the description given on the website. This compliance also means that the product has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, including in advertisements and on labels
In this context, the seller is likely to answer the existing defects at the time of issue and the defects resulting from the packaging, instructions for Assembly or installation when it was put to its charge or has been carried out under his responsibility.
The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the product. (Article L.211 - 12 of the Code of consumption)
In the event of lack of conformity, the customer may request the replacement or repair of the product, at its option. However, if the cost of the customer's choice is manifestly disproportionate in the light of the other option, given the value of the product or the significance of the failure, the seller will be able to process a refund, without following the option chosen by the CUSTOMER.
In the event that a replacement or a repair would be impossible, the seller agrees 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 customer to the following address 52 Street Pastor 59200 TOURCOING.
Finally, the customer is provided to provide proof of the existence of the lack of conformity of the product for 2 years after the delivery of the goods.
It is clear that this legal warranty of compliance applies regardless of the commercial guarantee granted, where appropriate, on the products.
12.2 guarantee of hidden defects
The seller is bound to the warranty for defects of the product sold which render it unfit for the use for which it is intended, or which decrease so that use that the customer would have not acquired it, or not would have given that a lower price, if he had known. (Article 1641 of the Civil Code)
This guarantee allows customers who can prove the existence of a latent defect to choose between a refund of the price of the product if it is returned and the repayment of part of its price, if the product is not returned.
In the event that a replacement or a repair would be impossible, the seller agrees 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 customer to the following address 52 Street Pastor 59200 TOURCOING. The action resulting from redhibitory vices must be brought by the customer within a period of two (2) years from the discovery of the defect. (Paragraph 1 of article 1648 of the Civil Code)
Section 13. Responsibility
The seller's liability shall in no case be held liable in the event of non-performance or improper performance of obligations attributable to the customer, including during the seizure of his order.
The seller cannot be held responsible for, or considered as failing to present, 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 courses and French courts.
It is also stated that the seller does not control web sites that are directly or indirectly linked to the SITE. As a result, it excludes all liability in respect of the information that are published. Links to third party web sites are provided for information only and no guarantee is provided as to their content.
Section 14. Personal data
The seller collects on the SITE personal data about its customers, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.
The data collected by the seller are used to treat orders placed on the SITE, manage the customer's account, analyze orders and, if the CLIENT has chosen this option, send him letters of canvassing, newsletters, promotional offers and/or information on special sales, unless the customer does want to receive such communications on the part of the seller.
The customer's data are kept confidentially by the seller according to his statement made to the CNIL, for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS can at any time unsubscribe by accessing their account or by clicking on the hyperlink provided down what each offer received by electronic mail.
The data may be communicated, in all or in part, to service providers of the seller involved in the ordering process. Commercial purposes, the seller may transfer its business partners the names and contact information of its customers, provided that they have given their prior consent during registration on the SITE.
The seller will specifically ask CLIENTS if they wish that their personal data may be disclosed. GUESTS can change your mind at any time on the SITE or by contacting the seller.
The seller may also ask customers if they wish to receive commercial solicitations of its partners.
In accordance with the law n ° 78-17 of 6 January 1978 relating to computing, files and freedoms, the customer has a right of access, rectification, opposition (for legitimate reasons) and deletion of his personal data. It can exercise this right by sending an e-mail to the address: firstname.lastname@example.org or by sending an e-mail to 52 Street Pastor 59200 TOURCOING.
It is specified that the CLIENT must be able to prove his identity, either by scanning a piece of identity, either by sending a photocopy of his identity to the seller.
The customer can if he wishes to register on the list of opposition of the telephone approach on the Bloctel site at the following address: http://www.bloctel.gouv.fr/
Section 15. Claims
The seller makes available to the customer a "Service telephone customer" at the following number: 03 61 92 13 80 (no premium rate number).
Any written claim of the customer must be sent to the following address: 52 Street Pastor 59200 TOURCOING.
Article 16. Intellectual property
All Visual and sound of the website, including the underlying technology used, elements are protected by copyright, the right brands or patents.
These elements are the exclusive property of the seller. Anyone who edits a web site and wish to create a direct hyperlink to the SITE must seek approval of the seller in writing.
This authorization of the seller shall in no case granted permanently. This link must be removed at the request of the seller. The hypertext links to the SITE who use techniques such as framing (framing) or integration through hyperlinks (in-line linking) are strictly prohibited.
Article 17. Validity of the General Conditions
Any changes to legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions does not affect the validity of these terms and conditions. Such change or decision does allow any customers to ignore these terms.
All untreated expressly conditions herein will be governed in accordance with the use of the trade sector to individuals, for companies whose head office is located in France.
Section 18. Modification of the General Conditions
These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Conditions are dated precisely and can 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 to the terms and conditions apply to products already purchased.
Section 19. Jurisdiction and applicable law
These terms and Conditions and the relationship between the customer and the seller are governed by french law.
In case of dispute, only the french courts will be competent.
However, prior to recourse to the arbitral court or State, will be privileged negotiating in a spirit of loyalty and good faith in order to reach an amicable agreement upon the occurrence of any dispute relating to this agreement, including on its validity.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgement of receipt indicating the elements of the conflict. If at the end of a period of fifteen (15) days, the parties failed to agree, the dispute will be referred to the competent court designated below.
Throughout the process of negotiation and until its outcome, the parties refrain from exercising any legal action one against the other and for the purpose of negotiating conflict. By exception, parties are allowed to enter the jurisdiction of the Court or to seek an order on request. A possible action the Court for interim relief or the implementation of a procedure on request does on the part of the parties no waiver clause of amicable arrangement, except Express contrary will.
ANNEX 1 PROCEDURE FOR THE EXERCISE OF THE RIGHT OF WITHDRAWAL
Principle of withdrawal
The customer has in principle of the right of return or return the product to the seller or a person designated by the latter, without undue delay, and no later than fourteen (14) days of the communication of its decision to withdraw, to less than the EV NDEUR proposes to recover the product itself.Withdrawal period
The withdrawal period expires fourteen (14) calendar days after the day where the customer or a third party other than the carrier and designated by the customer, takes physical possession of the product.
In the case where the customer would have ordered several products via a single command giving rise to several deliveries (or in the case of an order of a single product delivered in several lots), the withdrawal period will expire fourteen (14) calendar days after the day where the customer or a third party other than the carrier and designated by the customer takes physical possession of the final product delivered.Notification of the right of withdrawal
To exercise his right of withdrawal, the customer must notify its decision to withdraw from this agreement by means of an unambiguous statement to: 52 Street Pastor 59200 TOURCOING or email@example.com.
He can also use the form below:
The attention of [*] (* contact information of the seller)
SELLER phone number: *
Fax number of the seller *:
The seller's e-mail address: *
I shall notify you hereby my withdrawal from the contract on the sale of the product below:
The purchase order number:
-Ordered the [_] / received the [_]
-Means of payment:
-Name of the CLIENT and the case of the beneficiary of the order:
-Address of the CLIENT:
-Signature of the customer (except in the case of transmission by e-mail)
That the withdrawal period be respected, the CLIENT must pass its communication on the exercise of the right of withdrawal before the expiry of the withdrawal period.Effects of withdrawal
In the event of withdrawal on the part of the customer, the seller agrees to refund all payments, including delivery charges without undue delay and, in any event, no later than fourteen (14) days from the day where the seller is informed of the willingness of the customer to retract.
The seller will refund using the same payment method as the one that the CLIENT will be used for the initial transaction, unless the customer agrees expressly a different way, in any event, the refund will not cause charge for the customer.
The seller may delay the refund until receipt of the property or until the customer has provided proof of shipment of the property, the date of the first of these facts.How to return
The customer must, without undue delay and, in any event, no later than fourteen (14) days after the communication of its decision to withdraw from this agreement, return, to: 52 Street Pastor 59200 TOURCOING.
This deadline is met if the customer returns the property before the expiry of the period of 14 days.Return charges
The CLIENT must support the direct costs of returning the goods.State of the returned property
The product must be returned according to the instructions of the seller and include including all supplied accessories.
The responsibility of the customer is committed only to the depreciation of the property resulting from the handling other than what is necessary to establish the nature, characteristics and the proper functioning of this product. In other words, the CLIENT has the possibility to test the product but its liability may be engaged if he makes other than those which are necessary manipulations.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 specifications of the customer or clearly personalized
- Provision of goods likely to deteriorate or to expire quickly
- Supply of audio or video recordings or software sealed which have been unsealed after delivery
- Newspaper, periodical, magazine (except subscription contract)
- Provision of hosting services other than residential purposes, transportation of goods, rental of cars, food or services related to leisure activities if the offer provides a date or a period of specific performance
- Provision of goods which by their nature are mixed inseparably with other items
- Supplies of goods sealed cannot be returned for reasons of protection of health or hygiene, and which have been unsealed by the customer after delivery
- the supply of alcoholic drinks whose price has been agreed at the time of the conclusion of the contract of sale, delivery can be done only after 30 days and whose value depends on fluctuations in the market beyond the control of the seller
- Dematerialised if not supplied digital content delivery supply began with the prior agreement of the consumer, which also acknowledged that he will thus lose his right of withdrawal
- contracts concluded at a public auction
The products can be delivered in the territory.
It is impossible to place an order for any delivery address situated outside that territory.
PRODUCTS are shipped in (to the) the address (s) of delivery that the customer specified will (s) during the order process.
Time to prepare a command then the invoice, before shipment of the products in stock are listed on the SITE. These delays are exclusive of weekends or holidays.
An e-mail message will be automatically sent to the customer upon shipment of the products, provided that the e-mail address in the registration form is correct.
Deadlines & shipping costs
During the order process, the seller tells the CLIENT deadlines and shipping options for products purchased.
Shipping costs are calculated based on the shipping method. The amount of these costs will be due by the customer in addition to the price of the products purchased.
Details of deadlines and delivery is detailed on the SITE.
Terms of delivery
The package will be delivered to the customer against signature and upon presentation of proof of identity.
If absent, a notice will be left to the customer, allowing him to pick up his parcel in its post office.
The customer is informed of the delivery date fixed at the time where he chooses the carrier, at the end of the online ordering process, before confirming the order.
It is stated that deliveries will be made within thirty (30) days. Otherwise, the CLIENT must give notice the seller to deliver within a reasonable time and in case of non-delivery within this period, it may terminate the contract.
The seller will refund, without delay excessive from the receipt of the letter of termination, the customer the total amount paid for the products, taxes and shipping included, using the same payment method used by the CLIENT to buy the PRODUCTS.
The seller is responsible until the delivery of the product to the customer. It is recalled that the customer has a period of three (3) days to notify the carrier the damage or partial losses at the time of delivery.