GENERAL SALES TERMS AND CONDITIONS

PREAMBLE

The General Sales Terms and Conditions hereinafter referred to as « the Contract » defines each party’s rights and obligations regarding sales made on the: «https://www.la-mericaine.com/» website

Between, on the one hand,

Mrs Valérie Hernandez, owner (Registered company n°805 115 565) hereinafter referred to as « LA MÉRICAINE » and

On the other hand,

« the Customer » meaning any person who places an order(s) on the «http://www.lamericaineandco.com/» website. The Contract shall only apply to people who have the legal capacity to contract.

All the products and accessories which are available for sale on the «http://www.lamericaineandco.com/» website are intended for the Customer’s own, personal use only.

Therefore, any Customer or person who receives a product for any other reason (marketing, advertising, gift...) shall not be entitled to resell or rent the products, in part or in full, to any third-party whether private or professional.

Every order for any product presented on the « LA MÉRICAINE » online shop is subject to the Customer’s prior agreement to the terms of the present Contract.

The terms of the Contract shall preside over all others, particularly any terms relating to other types of distribution and commercialisation circuits including those related to “brick and mortar” circuits, or any specific Customer clauses (unless the seller confirms such a clause in writing) or any terms outlined in any « LA MÉRICAINE » documentation, irrespective of its function.

As such, « LA MÉRICAINE » reserves the right to adapt or modify the terms of its Contract at any time.

In the event of a modification, it is hereby recognised that the conditions which applied on the date the order was paid in full, shall continue to apply.

The « https://www.la-mericaine.com/ » website is hosted by: OVH

1. AGREEMENT

The Customer hereby confirms knowledge and unreserved agreement to the conditions in the Contract. The Customer acknowledges the Contract by ticking the box "Agreement to the General Sales Terms and Conditions" otherwise known as the "approval click" and by communicating his/her bank details to pay for the purchase.

The order becomes effective when « LA MÉRICAINE » forwards an email to the Customer which confirms and summarises the order.

The sale shall be considered final when the aforementioned email is sent and « LA MÉRICAINE » receives payment in full

2. PRODUCTS

The photographs of the products available for sale in the « LA MÉRICAINE » online catalogue present the articles in the best and most accurate way possible.

However, « LA MÉRICAINE » reserves the right to modify an article or product, particularly when deemed necessary to improve its quality or presentation.

Therefore, these photographs shall not be considered contractually binding and «LA MÉRICAINE » shall not be held responsible for any changes made to the presentation of the articles nor shall it affect any of the sale’s applicable statutory warranties outlined in Article 11 herein.

3. AVAILABILITY

The products and prices shall be deemed valid and available, while stocks last, all the time they are visible on the «http://www.lamericineandco.com/» website.

Product availability is indicated to the Customer at the time of his placing the order.

In the event where an article is unavailable after the Customer places the order, « LA MÉRICAINE » shall contact the Customer by email and offer to replace their order with a different product which presents either the same or better quality and characteristics for an equivalent or higher price, or to cancel and refund the order if their bank account has already been debited.

4. PRICES

All prices are in Euros. The prices which accompany the product information do not include transport or delivery costs.

The final, total price charged to the Customer is the price on the order confirmation that « LA MÉRICAINE »; sends out, this price includes French and other European countries VAT; the price of the products along with transport and delivery costs.

For deliveries outside of mainland France, the Customer takes sole responsibility with regard to any necessary declarations and the payment of any taxes, whether for customs duty, value added tax and/or any other levies due by law for the importation of products into the country where the order will be received. « LA MÉRICAINE » reserves the right to change the price at any time.

However, for any order which has been accepted prior to a modification in prices, the order confirmation email shall guarantee the price the Customer is charged.

5. ORDER & PAYMENT

The automatic registration systems are considered binding proof of the nature, content and date of the order; « LA MÉRICAINE » shall forward an emailed order confirmation to the address supplied by the Customer.

Full payment must be made upon placement of the order.

Payment is made exclusively: through either Paypal the secured online payment system (https://www.paypal.fr/fr); or Payplug, or by means of a purchase/gift voucher issued by « LA MÉRICAINE » valid for a period of one (1) year from its issue date.

The order shall only be considered final and conclusive after the emailed order confirmation has been sent out to the Customer and full payment has been received by « LA MÉRICAINE ».

If for some reason the products are not paid for in full, the order shall be cancelled automatically and the Customer will be informed by email. In the event of an ongoing dispute existing between « LA MÉRICAINE » and a Customer regarding payment of a previous order (payment incidents, outstanding balance etc.) the former reserves the right to refuse or cancel at any given time, any other order placed by the same Customer. If the products on order are to be paid for with a purchase/gift voucher and at the time of confirming the order, where the total value of the order does not exceed the value of the voucher, a new voucher will be issued and forwarded to the Customer for the difference between the initial voucher and the order. This new voucher shall be valid for one year after its issue date. For the Customer to spend the new voucher he/she must begin by placing a new order with a value in excess of the voucher and pay « LA MÉRICAINE » the remaining amount by the above mentioned means of payment, thus validating the new order.

6. SECURITY AND DATA CONFIDENTIALITY

The «http://www.lamericaineandco.com/» website uses Paypal, the secured online payment system (https://www.paypal.fr/fr). By using special encoding techniques, this system guarantees that the data supplied by the Customer remains incorruptible and confidential. « LA MÉRICAINE » is unable to access at any given time, confidential payment details (card number, expiration date). If a problem arises with the secured payment system, Paypal assumes sole and full responsibility for the service it provides.

7. DELIVERY

The products will be delivered to the delivery address indicated by the Customer when he/she places the order. « LA MÉRICAINE » shall not be held responsible for a typing error a Customer makes when entering the delivery address at the time of placing the order. In such an event, all the costs incurred for returning and reshipping the products shall be borne in full by the Customer. The products purchased from the « LA MÉRICAINE » online shop shall be delivered across France with one of the following services: “Colissimo” with Chronopost tracking / “Chronopost” tracking / “So Colissimo” / “Coliposte Priority” / “Coliposte Economy”, DPD and DHL; across the other countries of the European Union with : “Colissimo Europe”, DPD and DHL; across the rest of the world : the international postal services, DPD and DHL. Unless the product information sheet or specific terms quoted on a customised order stipulate otherwise, the deadline for products to be delivered to the final Customer is fifteen (15) days after the emailed order confirmation is sent. Depending on which type of delivery is chosen, the deadlines on the website are given as an indication of normal, average processing and delivery times. If one order simultaneously gives rise to different delivery dates as a consequence of product availability, the delivery date which shall be retained shall be automatically based on the date which is the farthest away; « LA MÉRICAINE » shall reserve the right to split deliveries and as such, guarantees that the processing and shipping costs shall only be invoiced once. « LA MÉRICAINE » is fully committed to delivering the products which comply with the Customer order within the above mentioned specified time limits. These deadlines are given as an indication, and delivery outside of these dates shall not entitle the Customer to make a claim for damages, request a partial refund, or cancel the order. However, if the products are not delivered within the thirty (30) days which follow the delivery due date, for any other reason than “force majeure”, the sale may be annulled by either Party serving the other written notice to that effect. All relevant sums paid by the Customer must be refunded without delay, without any right to compensation or reduction. However, « LA MÉRICAINE » shall not be held responsible for a delivery which is delayed as a direct result of a problem in the postal service, hence outside of their control, nor shall it be held responsible for a late withdrawal of the parcel on the Customer’s part after the latter has received in their letterbox, written notification that the parcel has arrived.

8. RETENTION OF TITLE CLAUSE

When a sale is finalised « LA MÉRICAINE » retains ownership of the products until full and effective payment has been received. However, risk of the « LA MÉRICAINE » products being lost and damaged is transferred to the Customer from the moment the products are shipped, all products travel at the Customer’s own risk. The Customer is obliged to check his order upon receipt. The Customer must also check the packaging as well as the products when he/she receives the delivery. If the Customer suspects a problem and/or damage (anomaly, damaged product, damaged parcel, parcel already open…) upon receiving his parcel, it is imperative that he/she writes his/her observations/reservations on the delivery docket before signing for the delivery. The Customer then has two days from the delivery date to confirm to the transporter, in writing, with a copy to « LA MÉRICAINE » that their observations/reservations were correct. If a box is delivered damaged, the Customer must refuse it. Any refused deliveries or deliveries made to an incorrect address will be re-delivered subject to payment of new transport costs.

9. FORCE MAJEURE

Any incident declared “force majeure” shall free « LA MÉRICAINE » from their obligation to deliver with cases of force majeure including but not being limited to; risks related to war, riots, fire, strikes, accidents and any inability to procure products, particularly resulting from a breakdown of any kind, at one of their suppliers or with one of their delivery services.

10. RETRACTION

In accordance with Article L 121-20 of the French Consumer Code, the Customer has fourteen (14) days from the date the products are delivered to return to « LA MÉRICAINE » any unsuitable items. However, in compliance with Article L 121-20-2 3°) of the French Consumer Code this right to retract shall not apply to contracts “for specific products which are produced according to Customer specifications or are highly personalised” or “for products which, by their nature, cannot be re-shipped". For an example which is non-exhaustive, the right to retract shall not apply when the Customer unseals personalised articles. In any other case, the right to retract may be exercised freely without incurring extra charges to the Customer other than that of returning the products. Any products which are returned must be new items in their original packaging, accompanied by any possible accessories, instructions and documentation. Any articles which are returned incomplete, damaged or soiled shall not be accepted. To exercise your right to retract, in accordance with the relevant legal requirements, please find a button below which leads to Appendix 1 containing the obligatory form on retraction which must be forwarded to the following address: Mme Valérie Hernandez « LA MÉRICAINE » 773 AVENUE DE LA GRANDE DUNE, 40150 HOSSEGOR, FRANCE After notifying « LA MÉRICAINE » by email of their intention to retract, the Customer must return the products with a copy of either the purchase order (PO), delivery docket and/or the invoice(s), to the following address: Mme Valérie Hernandez « LA MÉRICAINE » 773 AVENUE DE LA GRANDE DUNE, 40150 HOSSEGOR, FRANCE In the event of a Customer returning an abnormal or excessive amount of products, « LA MÉRICAINE » reserves the right to refuse any subsequent order. If a Customer retracts, « LA MÉRICAINE » is obliged to refund the sum paid by the Customer, without charging interest or fees, within a period of fourteen (14) days after the Customer informs « LA MÉRICAINE » of its decision to retract.

11. LEGAL WARRANTIES

In order to comply with obligations in the French Civil Code (article 1641) and when appropriate, the French Consumer Code (Article L 211-4 and cf. examples below), the Customer benefits from legal warranties that « LA MÉRICAINE » commits to fulfilling. These warranties are in addition to the product manufacturer’s guarantees. « LA MÉRICAINE » is obliged to deliver products which comply with the contract and is liable for any defects apparent on delivery. « LA MÉRICAINE » is equally liable for defects which result from the packaging and which render the products non-compliant if the Contract designates them responsible. To comply with the contract, the products must (according to the French Consumer Code article 211-5): 1) be fit for normal use as would be expected of a similar item or of product and when appropriate: - correspond to the description given by the seller and possess the qualities presented to the purchaser by the seller in the form of a sample or model: - present the qualities that a purchaser can legitimately expect in view of public statements made by the seller, the producer, his/her representative, particularly through advertising or on labelling. 2) or present the features defined by mutual agreement between the parties or be suitable for any special requirement of the purchaser, which was made known to the seller and which the latter agreed to. The right to take action due to a defect in conformity expires two years after the date the products were delivered. The seller must guarantee the products he sells against any hidden defects that render them unfit for the appropriate use for which they are intended, or diminish the use to such an extent that the buyer would not have acquired, or would have paid a lesser price, if aware (French Civil Code article 1641). The action resulting from hidden defects must be brought by the purchaser within two years after the discovery of the defect. To qualify for product warranty, the Customer must retain the purchase invoice for the products and contact Customer Service who will inform them on how to proceed. The legal warranty shall not apply to repairs for damages resulting from Customer negligence, for example, as a direct result of use which does not comply with the manufacturer’s specifications and recommendations or in the case of a Customer failing to take every necessary measure to ensure that the products are properly preserved.

12. CUSTOMER SERVICE

For any information or questions, our Customer service is available from Monday to Friday, from 09h00 to 12h00 at the following address: Email: valerie@lamericaine.eu e-mail: valerie@lamericaine.eu

13. INTELLECTUAL PROPERTY

All the content on the «http://www.lamericaineandco.com/ website» and integral rights are the exclusive property of Mrs Valerie HERNANDEZ. Every model which is presented (whether protected by a trademark or design right or not), text, work, publication, illustration, trademark and reproduced image on the « LA MÉRICAINE » online shop is protected by worldwide intellectual property and copyright laws. Any reproduction, albeit in full or in part of any model, the website, or any one element which constitutes the above, is strictly prohibited if no prior, written agreement is obtained from « LA MÉRICAINE ». Any violation of this article will expose the offender to legal pursuits. « LA MÉRICAINE » will engage both penal and civil pursuits against any act of copyright, infringement, unfair competition or parasitism.

14. LIABILITY

Unless stipulated otherwise, all the products on offer comply with current French and European legislation regarding norms and standards including Health. « LA MÉRICAINE » shall not be held responsible if the products delivered into a specific country do not comply with its legislation. It is the Customer’s responsibility to verify with his/her local authorities whether specific conditions apply to the import or use of the products. As a general rule, « LA MÉRICAINE » shall not be held responsible for accidental damage of any nature, whether material, immaterial or physical, resulting from a misuse of the commercialised products, or non-compliance with the information supplied on the labels and/or the website. « LA MÉRICAINE » shall not be held responsible for the content of the information on websites linked via potential hypertext links to the « LA MÉRICAINE » online shop. « LA MÉRICAINE » does not intend to sell to professionals via the «http://www.lamericaineandco.com/ website». Therefore, « LA MÉRICAINE » shall not be held responsible for any type of prejudice to a professional activity (operating loss, profit loss, missed opportunities, damages and costs).

15. PERSONAL INFORMATION

It is necessary to collect personal data in order to complete sales online, this information is essential to help process and deliver orders, to issue invoices and warranty contracts. If no personal information is supplied then the order shall be cancelled. To comply with the French Data Protection Act "Informatique et Libertés”, the handling of personal Customer data was the object of a publication with the National Commission for Data Protection and Liberties (CNIL). The Customer has the right to access, modify, rectify and delete any personal data relative to them (article 34 of the Data Protection Act, 6 January 1978), and he may exercise this right with « LA MÉRICAINE ». « LA MÉRICAINE » hereby agrees not to divulge to any third-party, with the exception of companies within their group, gratuitously or for a profit, information communicated by the Customer. It is considered strictly confidential. The data is used by « LA MÉRICAINE » to process orders and personalise the manner in which it communicates on products, such communication is strictly reserved for Customers and takes the form of product bulletins and newsletters. The Customer is entitled to cancel his/her subscription to the aforementioned at any time. However, when Customers access the « LA MÉRICAINE » online shop from any partner sites which identify themselves as such, their personal data could be communicated to the above. If the Customer disagrees, he must inform « LA MÉRICAINE » at the time of placing his/her order. The « http://www.lamericaineandco.com/» website has been created to satisfy Customer needs to the highest degree and therefore uses “cookies”. They are used to supply information about the Customer’s passage on the website and their purpose is to assist « LA MÉRICAINE » in improving the personalised service offered to its Customers.

16. LITIGATION

The present contract is subject to French law. In the event of a difficulty arising in the application of the present contract, the Customer has the opportunity, before taking legal action, to find an amicable solution, in particular with the help of a professional trade association, consumer association or any other counsel of their choice. It is hereby notified that the process involved in finding an amicable solution shall not alter the legal warranty deadline, nor shall it affect the contractual warranty period. It is hereby notified that, as a general rule and subject to Court agreement, compliance with the conditions regarding the contractual warranty set out herein shall only apply when the Customer has previously acquitted « LA MÉRICAINE » of all financial obligations. All claims and objections shall be handled with attentive benevolence, as “good will” is presumed to be the motivation of the Party who wishes to expose its position. In the event of litigation, the Customer must initially contact the company in order to find an amicable solution. If this fails, the closest domiciled Commercial Court near to the defendant or the place where the products were delivered from, has sole competence to judge, (for non-tradesmen; this attributed jurisdiction is equivalent to a renunciation by them to exercise their right to jurisdiction as a plaintiff and not as a defendant).


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