TERMS AND CONDITIONS OF SALE APPLICABLE TO SALES MADE FROM THE WEBSITE WWW.PRETTYMERCERIE.COM
Article 1 - GENERAL PROVISIONS
1.1. Seller's name
The online store PRETTY MERCERIE , www.prettymercerie.fr , is published by PRETTY MERCERIE, a branch of New Comota World Limited, a Hong Kong registered limited liability company with registered capital of 10 000 HKD, with registered office at 1205, CEO Tower, 77 Wing Hong Street, Lai Chi Kok, Kowloon, Hong Kong, registered in the Hong Kong RCS under number 34318932-001-02-14-4 and having an intra-Community VAT number of: FR 05795253269 (hereinafter, "PRETTY MERCERIE").
Customer service and after-sales service:
- Phone : 02 37 37 12 31
- email : contact @ prettymercerie
- Adresse : 42 Rue Louise Koppe, ZA de la bizoterrie, 28240 Manou, France
1.2. Purpose of the Terms
These general conditions of sale (hereinafter, the "Terms") inform buyers of the conditions of sale and delivery and define the rights and obligations of each party in the context of the online sale of offered haberdashery by PRETTY MERCERIE on the website www.prettymercerie.com (hereinafter, the "Product (s)").
1.3. Scope of the Terms
The GTC exclusively govern orders placed on the website www.prettymercerie.com of PRETTY MERCERIE by buyers having the quality of consumers (hereinafter the "Customer") and constitute, with the purchase order, the contractual documents opposable to the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of products that are only indicative.
1.4. Availability of Terms
The GTCS, written in French, are made available to the Customer on the PRETTY MERCERIE website where they are directly available. A copy dated to date can be communicated by email at the request of the consumer.
1.5. Opposibility of the GSC
These Terms, which prevail over all previous versions or any specifications from the Customer, are binding on the Customer who acknowledges, by the confirmation of his order, to have known and accepted without reservation. Any final validation of an order is worth handwritten signature of the GTC.
1.6. Terms of the GTC
1.6. 1. The nullity of a contractual clause does not entail the invalidity of these Terms and Conditions.
1.6. 2. The temporary or permanent non-application of one or more clauses of the GSC by PRETTY MERCERIE can not be a waiver, on the one hand, to take advantage of it later, on the other hand, to the other clauses of the GSC that continue to have their effects. .
Article 2 - ACCOUNT OPEN
2.1. Account Creation
In order to create an account, the Client must click on the button « connection »At the top right of the PRETTY MERCERIE home page and enter their email address and click on« create an account ". The Customer must then fill in his personal information and click on " record ".
2.2. Account Privacy
The Customer is responsible for maintaining the confidentiality of his account, restrictions on access to his computer and other equipment. He must ensure that his password remains confidential and secure and inform PRETTY MERCERIE in case of identified risk that the password is used in an unauthorized manner.
2.3. Information provided
Customer is responsible for the validity and completeness of the information provided and will inform PRETTY MERCERIE of any changes to this information by accessing its account settings in its personal space. The Customer agrees to receive electronic communications from PRETTY MERCERIE on the e-mail address provided.
2.4 Creating multiple accounts per user
Pretty Mercerie authorizes the creation of an account per user. In the event that any user implements a multiple account creation system in order to benefit from discount or any commercial or promotional offer reserved for use per person, Pretty Mercerie reserves the right to delete the corresponding customer accounts without notice and to cancel the orders concerned. Pretty Mercerie also reserves the right to refuse any future order from the customers concerned.
Article 3 - ORDERS
3.1. Steps to conclude the contract
To place an order, the Customer must log in to his account by clicking on the button « connection »Then fill in your virtual basket (select the desired products and quantities) by clicking on the button« add to Basket ". The Customer must then click on the button « see cart And provide information about the delivery and the method of payment. Finally, the consumer must tick the box " I agree with the terms of sale and accept them e "then confirm his order.
Before clicking on the button Confirm order ", The Customer has the opportunity to check the details of his order and its total price and return to previous pages to correct any errors or change his order.
The contract of sale between PRETTY MERCERIE and the Customer is concluded by the final validation of the order and can not be questioned in case of non-receipt of payment or out of stock. The sending of the Products is made at the receipt of the amount of the order.
An email acknowledging receipt of the order and the payment of the Customer is sent to the latter by PRETTY MERCERIE as soon as possible.
3.2. Change order
Any modification of order by the Customer after confirmation of his order is subject to the acceptance of PRETTY MERCERIE.
PRETTY MERCERIE will refuse any order from a Customer with whom there is a dispute or incident relating to the payment of a previous order or which would contravene the provisions hereof.
Article 4 - PRODUCTS
4.1. The Products offered are those listed in the catalog published on the website of PRETTY MERCERIE www.prettymercerie.com . The Products are each the subject of a description mentioning their features within the meaning of Article L. 111-1 of the Consumer Code and are accompanied by one or more photographs allowing the Customer to have as much information as possible features of the product.
4.2. The photographs illustrating the products do not constitute a contractual document. It is thus expressly recalled that the minimal variations between the delivered products and those represented on the photos, in particular the variations of tone in the photographic representation of the products that may occur for reasons related to the display modalities of its screen, do not affect the validity of the Client's consent and as a result of the sale concluded in connection with an order placed on the PRETTY MERCERIE website.
4.3. These Products are offered for sale within the limits of available stocks. Each Product is automatically deducted from the stock after receipt of full payment of the order. In case of unavailability of the ordered Product, PRETTY MERCERIE will inform the Customer within a maximum of 48 hours so that, during this period, the Customer can either cancel the order and, if necessary, ask for a refund of this amount. last, or request the replacement of the unavailable product by any other product in stock and present on the site of the online shop PRETTY MERCERIE.
Article 5 - RATES
5.1. Sale price
The selling prices are indicated, for each product listed in the electronic catalog, in euros all taxes included, excluding delivery and transport costs mentioned before validation and confirmation of the order. These delivery and transportation costs vary according to the quantity, the Weight of the Products and the place of delivery. The total amount owed by the Customer is indicated on the order confirmation page.
5.2. Price change
The professional seller reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in force on the day of the order.
Article 6 - PAYMENT
The price is due in full after confirmation of the order. The order will be considered valid when the total amount is credited to the PRETTY MERCERIE bank account by:
ü Bank card (VISA, MASTERCARD, CB) & Hipay Account : After Hipay has selected the payment method, the Customer will be automatically redirected to a dedicated area made available by Hipay, which ensures the security and registration of the payment order. In this regard, the Customer acknowledges that at no time the confidential information relating to his credit card is transmitted to PRETTY MERCERIE.
ü Bank transfer : After selecting the method of payment by bank transfer, the Customer must confirm his order and will be redirected to a page on the site of PRETTY MERCERIE on which he can find all the banking information needed to pay for his order by bank transfer .
ü Bank check : After selection of the method of payment by check, the Customer must confirm his order and will be redirected to a page on the site of PRETTY MERCERIE on which the Customer can find all the information needed to pay for his order by check .
ü Paypal account : The Customer must first have a PayPal account to use this payment method. Following the selection of the method of payment by PayPal, the Customer will have to confirm his order and will be automatically redirected to a dedicated space made available by the company PAYPAL on which the Customer can pay the order. In this regard, the Customer acknowledges that at no time the confidential information relating to his PayPal account is transmitted to PRETTY MERCERIE.
Article 7 - DELIVERY OF ORDERS
7.1. PRETTY MERCERIE undertakes, in accordance with the delivery deadline indicated on the website for each of the Products, to dispatch the Products within 2 working days after receipt of payment (subject to availability of items, excluding weekends). end and holidays). The Products are delivered by Colissimo to the address indicated by the Customer during the process of final validation of his order.
7.2. The Customer undertakes to verify the conformity of the information he provides to PRETTY MERCERIE during the final validation of his order. PRETTY MERCERIE can not be held responsible for any typing errors, disruptions caused by carriers or network problems that prevent PRETTY MERCERCIE from connecting to the Internet and causing delays or errors in delivery. In the case of input errors, all costs incurred for the return of the order will be entirely the responsibility of the Customer.
7.3. The risks of the Product are transferred to the Customer upon delivery, either when the Products are handed over to the recipient or his representative.
7.4. All delivery rates by geographical area are available for consultation by the Customer on the "DELIVERY" page on the PRETTY MERCERIE online shop. PRETTY MERCERIE however, the possibility of revising the price of the delivery according to the volumetric Weight of orders whose delivery points are outside metropolitan France and whose amount is greater than 500 Euros excl. These orders must be verified before final validation.
Article 8 - CLAIMS
8.1. No delivery
In the event of non-delivery within 30 days of the date of shipment of the package, the Customer undertakes to open a survey with the postal services and to provide PRETTY MERCERIE's customer service with the litigation reference provided by the Post Office and a copy of its identity document by e-mail to the following address: firstname.lastname@example.org . PRETTY MERCERIE can not be held responsible in the case where the postal services confirm to have made said delivery.
8.2. Verification on delivery
The Customer is required to proceed, upon receipt, in the presence of the deliverers, and before any use of the Products, to all necessary examinations to detect any missing, defects or other apparent defects or nonconformity of the Products delivered to his order. The Client must in particular check the condition of the packaging, the number of packages and the Products in their quantities, their references, their condition and their features . In case of complaint, the Customer will have to contact the customer service of PRETTY MERCERIE by email to the following address: email@example.com.
Accepted claims, after PRETTY MERCERIE's discovery of the defective or non-compliant delivery, will result in the exchange of the damaged or non-conforming Product or its refund in case of unavailability of the Product in stock. No returns will be accepted without the prior written consent of PRETTY MERCERIE, which will award the buyer a return number. The returned product must be returned to the carriers of PRETTY MERCERIE in perfect condition and in its original packaging.
The foregoing provisions do not preclude the implementation of the right of withdrawal, the guarantee of conformity and / or the guarantee of hidden defects, provided by law.
8.3. Action against the carrier
In case of damage or partial loss, under penalty of inadmissibility of the application, the Customer must notify his precise reservations to the carrier within 3 days, excluding holidays, following receipt (in accordance with Article L 133-3 of the French Commercial Code) by extrajudicial act or by registered letter and send a copy of these reservations, by email to the following address of PRETTY MERCERIE: firstname.lastname@example.org.
Article 9 - RIGHT OF WITHDRAWAL
9.1. Conditions, deadline and methods of exercise
In accordance with the provisions of Article L 221-18 of the Consumer Code, the Customer has a period of 14 days from the date of receipt of the Product (by the Customer or a third party designated by him who will take physical possession of the Product) allowing it to retract without justification or penalty.
The Customer will inform PRETTY MERCERIE of his decision of retraction by sending him, before the expiry of the period of 14 days, the form of retraction (form which the Customer will find attached) or any other declaration, unambiguous, expressing their wish to retract by e-mail to the following address: email@example.com
Le Produit devra être retourné par le Client, à ses frais, dans un délai maximum de 14 jours suivant sa décision de se rétracter, à l’adresse suivante : 42 Rue Louise Koppe, ZA de la bizoterrie, 28240 Manou, France. Dans tous les cas, la charge de la preuve de cet exercice repose sur le Client.
PRETTY MERCERIE draws the Client's attention to the fact that the right of withdrawal does not apply to the supply of goods made to the consumer's specifications or clearly personalized, that is to say Cutting Products (any item needing to be cut according to the instructions given by the Customer) and tailored ( realisation carried out through PRETTY MERCERIE at the request and according to the indications given by the Customer).
The Customer will be reimbursed for all sums received from him, including delivery charges (with the exception of additional charges resulting from the fact that the Customer has chosen a delivery method other than the cheaper mode of standard delivery proposed ) when PRETTY MERCERIE has recovered the Product or when the Customer has provided proof of the shipment of this Product, the date chosen being the date of the first of these facts.
The returned Product must be returned in perfect condition, in its original packaging, provided with all its accessories and instructions for use to allow a new marketing of the Product and must be accompanied by the purchase invoice.
Any Product that is incomplete, damaged, soiled, damaged or whose original packaging has been damaged, will not be refunded or exchanged. The right of withdrawal must under no circumstances allow the Customer to perform other than those necessary to discover the Product and verify that it meets its expectations.
ARTICLE 10 - LEGAL GUARANTEE OF CONFORMITY AND GUARANTEE OF HIDDEN DEFECTS
The Products are guaranteed against any lack of conformity and hidden defects under the conditions provided by the provisions of the Consumer Code (Articles L 217-4 to L 217-12) and the Civil Code (Articles 1641 to 1648 and 2232). These legal guarantees are exercised with PRETTY MERCERIE by:
- Phone : 02 37 37 12 31
- email : firstname.lastname@example.org
- Courrier : 42 Rue Louise Koppe, ZA de la bizoterrie, 28240 Manou, France
These legal warranties are defined below:
Conformity guarantee: extracts of the code of consumption
Art. L. 217-4. - The seller is obliged to deliver a good in accordance 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, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility.
Art. L. 217-5. - To be in conformity with the contract, the property must:
1 ° Be fit for the usual expected use of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or a model;
- present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or present the features mutually agreed by the parties or be fit for any special purpose sought by the buyer, made known to the seller and accepted by the seller.
Article L. 217-7. - The consumer is exempted from the proof of the existence of the defects of conformity during a delay of 2 years after the delivery of the good. For second-hand goods, this period is fixed at six months.
Article L. 217-9. - In case of lack of conformity, the buyer chooses between the repair and replacement of the goods, subject to the cost conditions provided for in this article.
Art. L. 217-12. - The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Art. L. 217-16. - When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or the repair of a movable property, a restoration covered by the guarantee, any period of immobilization at least seven days is added to the duration of the warranty that remained to run.
This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Guarantee of hidden defects: extracts of the civil code
Art. 1641 - The seller is bound by the guarantee because of the hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which diminish so much this use, that the buyer would not have acquired it or would have given a lower price if he had known them.
Art. 1648: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
It is recalled that the consumer:
- has a period of two (2) years from the issue of the product to act;
- may choose between the repair or replacement of the goods, subject to the cost conditions provided for in Article L217- 9 of the Consumer Code;
- is exempted from showing proof of the lack of conformity of the goods during the two (2) years following the delivery of the product (six months for second-hand goods).
The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and, in this case, he can choose between the resolution of the sale or a reduction of price pursuant to Article 1644 of the Civil Code.
Article 11 - LIABILITY
11.1 PRETTY MERCERIE and the Customer are not liable for any unforeseeable damage or failure to perform full or partial performance of their obligations, if this breach results from a case constituting force majeure or the fact of a third party.
11.2 Navigation on the site www.prettymercerie.com is the sole responsibility of the Clients. PRETTY MERCERIE can not be held responsible for failures, errors, computer viruses that could hinder the continuity of access to its site or the computer malfunctions of users that may be found after access to the site . It can not therefore be held liable for any direct or indirect damage that may be related to the use, access to its site or downloading of items stored on the site.
11.3 PRETTY MERCERIE can not be held responsible in case of computer hacking of the site www.prettymercerie.com or any other infringement of its computer system, and the consequences that they may have on users.
11.4. The Customer is expressly informed that PRETTY MERCERIE is not the producer of the products presented within the meaning of the law 98-389 of 19 May 1998 relating to the responsibility for defective products.
Article 12 - LITIGATION
12.1. Governing Law
These Terms and the contracts concluded within their framework are governed by French law.
12.2. Jurisdiction territorially competent
In case of dispute, the consumer may seize either one of the jurisdictions territorially competent under the Code of Civil Procedure, or the jurisdiction of the place where he remained at the time of the conclusion of the contract or the occurrence of the harmful event.
The parties to the contract remain free to accept or refuse the use of mediation and, in case of recourse to mediation, to accept or reject the solution proposed by the mediator.
The Customer must, however, justify having tried, beforehand, to resolve his dispute directly with PRETTY MERCERIE customer service by a duly motivated written complaint to the following address: email@example.com
Article 13: COMPUTERS AND FREEDOMS
13.1. The collection of personal data, which are kept by PRETTY MERCERIE for the sole purpose of proper administration of orders and commercial relations, is subject to the consent of the person concerned and is the subject of a declaration to the Commission Nationale Informatique and Freedoms
13.2. The Customer is informed that this same personal data may also be collected by an organization in charge of order analysis and the fight against credit card fraud.
13.3. In accordance with the Data Protection Act No. 78-17 of 6 January 1978, the Customer has at any time a right to access, modify, rectify and delete personal data concerning him, the controller being thibault DAVID whose e-mail address is firstname.lastname@example.org ..
13.4. We inform you that your telephone number, collected during the creation of your account or the placing of your order, will be used only to process your orders. Without prejudice to the above, in accordance with the law, you are informed that you can register for free on the list of opposition to canvassing telephone so as not to be the object of commercial prospection by telephone at the following address: www.bloctel.gouv.fr . "
Article 14: INTELLECTUAL PROPERTY
All elements reproduced on this site, including the texts, photographs, visuals, drawings, images and tutorials present on the PRETTY MERCERIE online shop, which are the exclusive property of PRETTY MERCERIE, are protected by copyright , trademark law and patent law worldwide.
Any publication, dissemination or reproduction of these elements is prohibited without prior written permission from PRETTY MERCERIE and exposes offenders to legal action.