TERMS OF SALES The General Conditions of Sale, hereinafter referred to as "These", define the rights and obligations of the parties in connection with sales made on the website: "https://www.la-mericaine.com/"
The General Conditions of Sale, hereinafter referred to as "These", define the rights and obligations of the parties in connection with sales made on the website: "https://www.la-mericaine.com/"
They are concluded between on the one hand,
Mrs Valérie HERNANDEZ, designer (SIREN N ° 805 115 565) hereinafter "LA MÉRICAINE"
And on the other hand,
people wishing to place an order for product (s) via the Internet site "https://www.la-mericaine.com/" hereinafter referred to as "the customer". These conditions only concern persons having the legal capacity to contract.
The products and accessories offered on the "https://www.la-mericaine.com/" website are intended for the personal use of customers. Thus, the customers or recipients of the products refrain from any resale, rental, provision for payment, partial or total of the product (s) to private or professional third parties. The order of products presented on the online store "LA MÉRICAINE" is subject to the acceptance by the customer of the entirety of the present conditions, set out below.
These general conditions of sale prevail over all other conditions, in particular those in force for sales in stores or in other distribution and marketing channels, and are binding on the customer without regard to the specific clauses added by him ( unless expressly agreed by the seller) and for advertising documents issued by "LA MÉRICAINE", nor for any other document.
As such, "LA MÉRICAINE" reserves the right to adapt or modify its General Conditions of Sale at any time. In case of modification, the General Conditions of Sale applicable to the order will be those in force on the day of final payment of the order.
The site "https://www.la-mericaine.com/" is hosted by: OVH
The customer declares to have read and accepted without any reservation the General Conditions of Sale, applicable to the sales contract. The acceptance by the customer of these conditions is materialized by checking the box "Acceptance of the general conditions of sale" or "Click of validation", as well as by the communication of his bank details for the purposes of payment of his order. The validation of the customer's order is materialized by sending an order confirmation summary e-mail by "LA MÉRICAINE". The sale will only be considered final after sending the customer the order confirmation summary email and after actual receipt of the sums due (full price) by "LA MÉRICAINE".
The presentation photographs illustrating the products offered in the electronic catalog of the online store "LA MÉRICAINE" tend to describe and present the items with the greatest accuracy. However, "LA MÉRICAINE" may have to modify an article or product, in particular to improve its quality or its presentation. Consequently, these photographs cannot be considered as falling within the contractual field and the variations in the representation of the articles cannot engage the responsibility of "LA MÉRICAINE" nor affect the validity of the sale subject to the legal guarantees provided for in the article 11 hereof.
The product offers and the prices indicated are valid as long as they are posted on the Internet site "https://www.la-mericaine.com/", within the limits of available stocks and the period of the order. . Information on the availability of products is provided to the customer at the time of placing his order. In the event of unavailability after placing his order, "LA MÉRICAINE" will inform the customer by e-mail and will offer either to provide him with a replacement product with similar or superior characteristics and qualities at an equal or greater price, either to cancel the order and reimburse him if his bank account has been debited.
The price is expressed in euros. The prices indicated on the product sheets do not include transport costs or delivery costs. The final price invoiced to the customer is the price indicated on the order confirmation sent by "LA MÉRICAINE"; this price is expressed with all taxes included, including VAT for France and the countries of the European Union; the price of the products, the costs of transport and delivery. For deliveries outside mainland France, the customer undertakes to take personal responsibility for all declarations and to pay all taxes due on the importation of products, customs duties, value added tax, and all other taxes. due under the laws of the country of receipt of the order. "LA MÉRICAINE" reserves the right at any time to modify the prices. However, for any order accepted, it guarantees the prices charged on the date of confirmation of the order that it has sent to the customer.
5. ORDER & PAYMENT
The automatic registration systems are considered as proof of the nature, content and date of the order; "LA MÉRICAINE" confirms the acceptance of his order to the customer at the email address that he will have communicated. The price of the products is payable in cash on the day the order is placed. Payment is made only: Through the online payment system PAYPAL (https://www.paypal.fr/fr); by Payplug; through vouchers / gift vouchers issued by "LA MÉRICAINE" with a validity period of one (1) year from their date of issue. The sale will only be considered final after sending the customer the order confirmation summary email and after actual receipt of the sums due (full price) by "LA MÉRICAINE". In the event that a problem occurs in the full payment of the price, the order will be automatically canceled and the customer notified by email. "LA MÉRICAINE" reserves the right to refuse or cancel at any time any order from a customer with whom there is a dispute relating to the payment of a previous order (payment incidents, lack of payment, etc.). In the event of payment by means of a voucher / gift voucher: if the total amount of the order is less than the value of the voucher, after confirmation of the order, a new voucher for an amount corresponding to the difference between the value of the voucher and that of the order will be issued for the benefit of the customer. This new voucher will be valid for one year from the date of issue; if the total amount of the order is greater than the value of the voucher, to validate his order, the customer must pay "LA MÉRICAINE" the remaining amount due to one of the aforementioned means of payment.6. SÉCURITÉ ET CONFIDENTIALITÉ DES DONNÉES
Le site " https://www.la-mericaine.com/" utilise le système de paiement sécurisé en ligne PAYPAL (https://www.paypal.fr/fr); ou Payplug. Ces systèmes assurent, grâce à une technique de cryptage, l'intégrité et la confidentialité des données communiquées par le client. A aucun moment "LA MÉRICAINE" n'a accès aux informations confidentielles relatives au moyen de paiement (numéro de la carte, date de fin de validité). En cas de problème avec le système de paiement, les sociétés PAYPAL et Payplug assumeront seules la responsabilité pleine et entière de leur service.
The products will be delivered to the delivery address indicated by the customer during the ordering process. Under no circumstances will "LA MÉRICAINE" be held liable for any error in entering the delivery address made by the customer. In this case, the cost of returning and returning the product (s) will be fully borne by the customer. Products purchased on the "LA MÉRICAINE" online store are delivered to the customer: in France by Colissimo post followed by Chronopost / Chronopost followed / So Colissimo / Priority Coliposte / Economic Coliposte / DPD and DHL; in the States of the European Union by the Post in Colissimo followed by Europe / DPD and DHL; in the rest of the world, deliveries are made by international postal services / DPD and DHL. Unless otherwise indicated on the product description sheet or in the event of a personalized order subject to a specific estimate, the deadline for delivery to the end customer of the product (s) will be fifteen (15) working days from the date order confirmation. Depending on the delivery method chosen, the times indicated on the site are the usual average times and correspond to the processing and delivery times. In the event of a simultaneous order of articles deliverable on different dates, given their availability, the delivery time is based on the longest time. "LA MÉRICAINE" reserves the right to split deliveries. In this case, the participation in the processing and shipping costs will only be invoiced for a single shipment. "LA MÉRICAINE" undertakes to use its best efforts to deliver the products ordered by the customer within the deadlines specified above. These deadlines are communicated for information only and any overrun may not give rise to any damage and interest, withholding or cancellation of the order by the customer. However, if the products ordered have not been delivered within thirty (30) days after the indicative delivery date, for any reason other than force majeure, the sale may be terminated at the written request of the customer or of "LA MÉRICAINE". The sums paid by the customer will then be returned to him without delay, to the exclusion of any compensation or withholding. "LA MÉRICAINE" cannot however be held responsible for the consequences due to a delay in routing the chosen transport provider or a late withdrawal by the customer of his package following the filing of a calling card in his mailbox by the carrier.8. CLAUSE DE RÉSERVE DE PROPRIÉTÉ
"LA MÉRICAINE" conserve la propriété des marchandises vendues jusqu'au paiement effectif de l'intégralité du prix en principal et accessoire. En revanche, le transfert des risques de perte et de détérioration des produits de "LA MÉRICAINE" sera réalisé dès le départ des produits, ceux-ci voyageant aux risques et périls du client. Le client est tenu de vérifier sa commande dès sa réception. Le client est tenu de vérifier l'état de l'emballage ainsi que celui des produits lors de la livraison. Le client ne doit pas signer le bon de livraison sans émettre de réserves précises en cas de problème et/ou de dégradation (anomalie, produit endommagé, colis endommagé, déjà ouvert…). Il dispose d'un délai de deux jours francs à compter de la date de livraison pour confirmer par écrit ses éventuelles réserves auprès du transporteur et en transmettre la copie à "LA MÉRICAINE" Si un colis est endommagé à la livraison, le client doit le refuser. Les livraisons refusées ou effectuées à une adresse erronée feront l’objet d’une nouvelle livraison sous réserve de paiement de nouveaux frais de port.
The risks associated with war, riots, fires, strikes, accidents and the impossibility of being supplied, particularly in the event of failure, are considered as force majeure releasing the seller from his obligation to deliver. whatever the cause, from one of its suppliers or delivery services.
In accordance with article L 121-20 of the Consumer Code, the customer has a period of Fourteen (14) clear days from the delivery of the product, to return, to "LA MÉRICAINE", the items that are not would not agree. However, in accordance with article L 121-20-2 3 °) of the Consumer Code, this right of withdrawal cannot be exercised, for contracts "For the supply of goods made to the consumer's specifications or clearly personalized or which , due to their nature, cannot be returned ”. For example and not exhaustive, the right of withdrawal can not be exercised for personalized items when they have been unsealed by the customer. In other cases, the right of withdrawal is exercised at no cost to the customer with the exception of the cost of returning the products. Returns must relate to new items in their original packaging, accompanied by all their possible accessories, instructions for use and documentation. Items returned incomplete, damaged, damaged or soiled will not be taken back. To exercise your right of withdrawal, in accordance with legal provisions, you will find a button below leading to Appendix 1, containing the standard withdrawal form to be sent to us at the following address: Mme Valérie HERNANDEZ "LA MÉRICAINE" 773 AVENUE DE LA GRANDE DUNE, 40150 HOSSEGOR After having informed "LA MÉRICAINE" of its wish to exercise its right of withdrawal by e-mail, the customer will return the product (s) by attaching a copy of the voucher (s) of order or delivery and / or invoice (s) to the following address: Mme Valérie HERNANDEZ "LA MÉRICAINE" 773 AVENUE DE LA GRANDE DUNE, 40150 HOSSEGOR In the event of abnormal or abusive returns, "LA MÉRICAINE" reserves the right to refuse a subsequent order. In the event of exercise of the right of withdrawal, "LA MÉRICAINE" is required to reimburse the sums paid by the customer, without charge or interest, within a maximum period of fourteen (14) days following the date on which "LA MÉRICAINE »Has been informed by the customer of his withdrawal decision.
11. LEGAL GUARANTEES
According to the provisions of the Civil Code (article 1641) and, where applicable, of the Consumer Code (article L 211-4 and following cf. extracts below), the customer benefits from legal guarantees, that the company "LA MÉRICAINE" undertakes to respect. These guarantees are in addition to the guarantee offered by the manufacturer of the product. The seller is required to deliver goods in conformity 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, when this has been charged to it by the contract or has been carried out under its responsibility. To comply with the contract, the good must (Consumer Code article L 211-5): 1) be suitable for the use usually expected of a similar good and, where applicable: - correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model: - present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by its representative, in particular in advertising or labeling. 2) or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. The action resulting from the lack of conformity lapses two years after delivery of the goods (Consumer Code article L 211-12). The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or has not acquired it. would have given a lower price, if he had known them (Civil Code article 1641). The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. To be able to benefit from the product warranty, it is imperative for the customer to keep the invoice for the purchase of the product and to contact Customer Service who will tell him what to do. The legal guarantee does not apply to the repair of damage resulting from a fault of the customer resulting for example from a use not in conformity with the specifications and recommendations of the manufacturer or from a use contrary to the good conservation of the product.12. SERVICE CLIENTÈLE
Pour toute information ou question, notre service clientèle est à la disposition du client du lundi au vendredi (inclus) de 09h00 à 12h00. Email: firstname.lastname@example.org e-mail : email@example.com
13. INTELLECTUAL PROPERTY
Le site https://www.la-mericaine.com/ l'intégralité de son contenu, ainsi que l'ensemble des droits y afférent sont la propriété exclusive de Mme Valérie HERNANDEZ Tous les modèles présentés (protégés ou non par un droit de dessin ou modèle), textes, ouvrages, illustrations, marques et images reproduits sur la Boutique en ligne "LA MÉRICAINE" sont protégés par les règles relatives au droit d'auteur ainsi qu'au titre de la propriété industrielle et ce pour le monde entier. Toute reproduction, intégrale ou partielle des modèles, du site, ou de l'un des éléments qui le compose, est strictement interdite à défaut d'accord préalable et écrit de "LA MÉRICAINE". Toute violation des dispositions du présent article exposera le contrevenant à des poursuites judicaires. Ce dernier engagera sa responsabilité civile et pénale pour actes de contrefaçon, concurrence déloyale et de parasitisme.
The site https://www.la-mericaine.com/ all of its content, as well as all the rights relating thereto are the exclusive property of Ms.Valérie HERNANDEZAll models presented (protected or not by copyright design), texts, works, illustrations, brands and images reproduced on the "LA MÉRICAINE" online store are protected by the rules relating to copyright as well as industrial property rights for the whole world . Any reproduction, in whole or in part, of the models, of the site, or of one of its elements, is strictly prohibited without the prior written agreement of "LA MÉRICAINE". Any violation of the provisions of this article will expose the offender to legal proceedings. The latter will incur civil and criminal liability for acts of counterfeiting, unfair competition and parasitism.
15. PERSONAL INFORMATION
The provision of personal information collected for the purposes of distance selling is mandatory, this information being essential for the processing and delivery of orders, the establishment of invoices and warranty contracts. Failure to provide information results in the non-validation of the order. In accordance with the "Informatique et Libertés" law, the processing of personal information relating to customers has been declared to the National Commission for Computing and Liberties (CNIL). The customer has (article 34 of the law of January 6, 1978) a right to access, modify, rectify and delete data concerning him, which he can exercise with "LA MÉRICAINE". "LA MÉRICAINE" undertakes not to disclose to third parties, with the exception of companies in its group, free of charge or with consideration, the information communicated by the customer. These are confidential. They will only be used for processing the customer's order and in order to strengthen and personalize the communication of products reserved for "LA MÉRICAINE" customers, in particular through newsletters, to which the customer can unsubscribe at any time. However, when the customer goes to the "LA MÉRICAINE" online store from certain partner sites identified as such, data concerning him may exceptionally be communicated to them. If the customer does not wish it, he must report it to "LA MÉRICAINE" when ordering. The site https://www.la-mericaine.com/ is also designed to best meet the needs of customers and it is for this purpose that cookies are used. The purpose of these latter is to indicate the passage of the customer on the site and are only used by "LA MÉRICAINE" for the purpose of improving the personalized service intended for the customer.
This contract is subject to French law. In the event of difficulties in the application of this contract, the customer has the possibility, before any legal action, to seek an amicable solution in particular with the help of a professional association of the branch, of a consumer association or any other advice of his choice. It is recalled that the search for an amicable solution does not interrupt the period of the legal guarantee, nor the duration of the contractual guarantee. It is recalled that as a general rule and subject to the discretion of the Courts, compliance with the provisions of this contract relating to the contractual guarantee assumes that the buyer honors his financial commitments to the seller. Complaints or disputes will always be received with attentive benevolence, good faith being always presumed in those who take the trouble to expose these situations. In the event of a dispute, the customer will first contact the company to obtain an amicable solution. Otherwise, the Commercial Court of the domicile of the defendant or of the place of the actual delivery of the products, has sole jurisdiction, (this attribution of jurisdiction is equivalent, for non-traders, to a waiver of the option of jurisdiction which is theirs. offered as a plaintiff to the action and not as a defendant).