The present General Conditions of Sale (hereinafter referred to as "Conditions") are solely and exclusively reserved for non-professional Consumers.
ARTICLE 1 – DEFINITIONS
The terms used in the present Conditions shall have that meaning conferred thereunto hereunder:
Buyer: Any physical person purchasing the Products via the Website or via any Remote Sales method.
Order: A Purchase Order issued by Buyer concerning one or more Products and accepted by Seller pursuant to the present Conditions.
Right of Retraction: The right of Buyer, pursuant to article L.121-20 of the Consumer Code, to cancel the sale and return the Product within 14 days following receipt.
Party(ies): Buyer and/or Seller.
Product: Any item offered for sale by Buyer on the Website or via any Remote Sales method.
Website (Website or Internet Site): The Website accessible at www.catherineosti.com on which Seller proposes Products for sale.
Seller: SARL Catherine Osti, Limited Liability Company with share capital of €2,000 / entered on the Lyon Trade and Companies Register under number 800 821 571 / Registered Office: 34 rue Belissen 69005 Lyon / Email: email@example.com.
Remote Sales Method (VAD): Any sales technique allowing Buyer to order a Product without being present at the place of sale.
ARTICLE 2 – OBJECT
The purpose of the present Conditions is to set forth the rights and obligations of Seller and Buyer in the framework of selling Products via the Website or any Remote Sales Method more widely.
ARTICLE 3 – REMIT
The present Conditions shall be applicable for all sales of Products undertaken by Seller to Buyer, and via the Website or any Remote Sales Method.
An Order shall only be taken into account and processed by Seller following prior acceptance of the present Conditions by Buyer.
ARTICLE 4 – ORDER
Buyer shall place an Order via the Website or other Remote Sales Methods.
Buyer hereby confirms to be aware of the present Conditions prior to placing any Order and acknowledges that approval of an Order implies acceptance of the terms and conditions set forth herein.
Buyer hereby acknowledges moreover that the present Conditions are made available in such a manner so as to allow for their storage and reproduction, pursuant to article 1369-4 of the Civil Code.
The Products offered by Seller on the Website as well as the present General Conditions of Sale may be modified by the latter at any time, without prior notice, with it being understood that any order placed by Buyer, and approved by Seller, pursuant to the terms and conditions outlined hereunder, shall be governed by the General Conditions of Sale in force at the date on which the order is placed.
So as to place an Order, Buyer should:
. Add the Products it wishes to buy to the basket.
. Complete a personal details form (civil status, full name, address, postcode, town/city, country, telephone number, email address, password) or enter an email and password if Buyer has already completed the aforementioned form during a previous order.
. Confirm on the "Order Overview" page that all address information indicated is correct (delivery address and billing address), that the Products are those selected, tick the box certifying that the General Conditions of Sale have been read and accepted, before then clicking on "Make Payment".
The sales agreement concluded between Seller and Buyer shall be established when Buyer clicks on the "Make Payment" button.
Until this final stage, Buyer shall have the possibility of returning to the previous pages and modifying the Order and information previously entered.
In such instance as any Product ordered by Buyer is unavailable, Seller hereby undertakes to inform Buyer by email or telephone as soon as it becomes aware of the lack of availability.
Seller shall then offer Buyer the option of providing, in exchange for any Product ordered, a Product of equivalent quality and price.
In the event of refusal by Buyer or the Product offered as an equivalent, the order shall be cancelled and Buyer shall be reimbursed the total order price (if the amount has been debited from Buyer's bank account) at the latest within 30 days.
Reimbursement shall be made by cheque or transfer.
ARTICLE 5 – PRICE AND PAYMENT
The price of Products as indicated on the Website or other Remote Sales Methods shall correspond to the price excluding participation in handling and shipping costs.
Any Purchaser having indicated a delivery address out of France, hereby accepts to be solely and exclusively liable for all taxes, duties and customs charges applicable in the country concerned, and confirms that it shall make payment thereof in line with the deadlines and legal conditions applicable.
Seller hereby reserves the right to amend the price of Products presented on the Website.
However, the Products shall be billed to Purchaser on the basis of rates in force at the time of Order confirmation.
Payment of the Order by Buyer shall be undertaken by bank card (Carte Bleue, Visa, Eurocard/Mastercard) on the secure payment website of Seller's bank, indicating in the corresponding fields the card number, expiry date and security code located on the reverse of the card.
The total order amount shall be debited from the bank card at the time of entry by Buyer of the bank details on the secure payment page of Seller's bank.
Once payment is made on the secure payment website of Seller's bank, and the payment is confirmed by the bank to Seller, a confirmation email acknowledging receipt of the Order and including all relevant information will then be sent by Seller to Buyer as soon as practically possible. By printing or storing this email, Buyer will have proof of placement of the order.
Any payment order made by bank card cannot be cancelled. Consequently, payment for an Order by Buyer shall be irrevocable, without prejudice for Buyer to exercise its right of retraction or cancellation subsequent to placing the Order.
Transfer of title of the Product to Buyer shall only take place following complete receipt of the price by Seller.
In such instance as payment is refused by the Bank, Seller shall then suspend processing of the Order and shall make contact with Buyer by email or telephone to notify the latter accordingly.
ARTICLE 6 – DELIVERY
The Product shall be delivered to the address indicated by Buyer on the "Delivery Address" form under the page named "Order Overview" of the Website.
Seller hereby undertakes to deliver the Product indicated in the Order within 15 days following approval of the Order.
In the event of any delay to delivery of the Product, Buyer shall be entitled to cancel the order and shall be reimbursed the price of the Product as well as return shipping costs.
In such instance as the Product is delivered subsequent to Order cancellation, reimbursement shall take place immediately following receipt by Seller of the Product in its original condition.
In such instance as Seller exceeds the delivery deadline, an email shall be sent to Buyer and the latter shall be entitled to cancel the Order and, if the bank account has already been debited, shall be reimbursed the price of the Product within 30 days.
Return of the Product and reimbursement of Buyer shall take place in line with the terms and conditions for which provision is made under article 7 "Cancellation - Right of Retraction - Reimbursement".
ARTICLE 7 – CANCELLATION - RIGHT OF RETRACTION - REIMBURSEMENT
Buyer shall be entitled to cancel the Order immediately following conclusion thereof.
Moreover, following receipt of the Product by Buyer, the latter shall have a right of retraction of 14 days in which it shall be entitled, without needing to provide any justification, to return the delivered Product.
In such instance as Buyer should exercise this right of retraction within 14 days following receipt of the Product, Seller hereby undertakes to reimburse Buyer at the latest within 30 days following the date on which said right has been exercised.
If the shipping costs were offered for sending the order, these will be deducted from the amount refunded.
Return shipping costs shall be payable by Buyer.
So as to exercise these rights of cancellation of the Order and right of retraction, Buyer should send an email to Seller notifying it of the intention to exercise these rights within 14 days following receipt of the Product.
Confirmation acknowledging receipt of this return request shall be sent by Seller by email with notification of the return address for the Product.
Only those Products returned in perfect condition and within the agreed timeframes may be reimbursed.
ARTICLE 8 – WARRANTY
In such instance as the Product received by Buyer fails to comply with the Product described in the Order, the Product shall be replaced or repaired, in line with the wish of Buyer, unless this leads to any clearly disproportional cost compared with the alternative option.
In such instance as the wish expressed by Buyer is unable to be performed within one month following the claim, or if repair or replacement is impossible, Buyer shall be entitled either to return the Product and to be reimbursed the price of the Product if payment has already been made, or retain the Product and only be reimbursed for a portion of the total price.
Moreover, and without prejudice for its right of retraction, cancellation and warranty for compliance as indicated hereinabove, Buyer shall additionally benefit from a warranty for hidden defects over the Product for which provision is made under articles 1641 through 1649 of the Civil Code.
This warranty shall not lead to any cost for Buyer. Return shipping costs shall be payable by Seller.
ARTICLE 9 – LIABILITY
Seller shall by right be liable towards Buyer for due and proper performance of the Order.
However, the liability of Seller may not be incurred if it provides proof that default in performance or improper performance of its obligations is attributable to Buyer, due to any unpredictable or unavoidable fault of any third party not involved in the supply of services for which provision is made in the present Conditions, or to any case of force majeure.
The liability of Seller may not be incurred for any prejudice resulting from any fault by Buyer in the framework of the use of Products.
ARTICLE 10 – INTELLECTUAL PROPERTY
All information edited on the Website, such as sounds, images, photographs, videos, written information, animations, programmes, style guide, utility information, databases, software are protected by the provisions set forth under the Intellectual Property Code and shall belong to Seller.
Buyer shall refrain from infringing the intellectual property rights pertaining to this information and notably from reproducing, representing, modifying, adapting, translating, extracting and/or re-using any qualitatively or quantitatively substantial part thereof, excluding all actions required for normal and compliant use thereof.
Seller hereby prohibits the publication of any hypertext link towards the Website.
ARTICLE 11 – PERSONAL DATA
Buyer is hereby informed that, during navigation on the Website and in the framework of its Order, personal data shall be collected and processed by Seller as processing manager, notably via the personal details form which Buyer should complete at the time of placing an Order.
Buyer is hereby informed that an Order may only be placed if this personal details form is correctly completed.
This form includes an indication of the optional or compulsory fields to be completed.
The recipients of this data shall be Seller and potentially any sub-contractors involved in processing orders.
Processing of personal data shall be declared to the National Data Protection and Freedom of Information Commission (CNIL) pursuant to law no. 78-17 of 6 January 1978.
This data shall be used in processing Orders as well as in improving and customising services proposed by Seller. Personal information shall not be communicated to third parties, with the exception of those companies responsible for handling orders.
Buyer shall be entitled to object, for legitimate reasons, that personal data be processed concerning itself. It shall be entitled, at no cost, to oppose personal data concerning itself from being used for canvassing, notably commercial, by Seller or any subsequent party involved in data processing.
If it is able to justify its identity, Buyer shall be entitled to request that Seller confirms that personal data concerning itself has not been and is not being processed, as well as information to be processed, the categories of personal data processed and the recipients or categories of recipients to whom data is sent, where applicable, information pertaining to transfers of personal data planned towards any Non-Member State of the European Union, the communication, in an accessible format, of personal data concerning itself as well as any information available concerning the origin thereof, information allowing for understanding and objection to the automated processing system used in the event of any decision taken as the basis thereof and producing legal effects on the interested party.
Buyer is duly informed that a copy of personal data may be issued thereunto at its request.
If it is able to justify its identity, Buyer shall additionally be entitled to request that Seller rectifies, completes, updates, protects or deletes all personal data concerning itself, which may be inaccurate, incomplete, equivocal, out of date or concerning which the collection, use, communication or storage is prohibited.
In order to exercise this right, Buyer should send an email to Seller, in its capacity as processing manager, at the following address: firstname.lastname@example.org, for the attention of Mr. Pierre Nicolas.
Where Buyer makes a request, Seller should justify, without any costs for Buyer, that it has performed the requested operations.
Buyer is duly informed that in the event of any objection, the burden of proof shall be incumbent upon Seller, notwithstanding where it is demonstrated that the contested data has been sent by Buyer or with the consent thereof.
Buyer is also duly informed that where it obtains any modification to data stored, it shall be entitled to claim reimbursement of costs corresponding to the aforementioned costs of copying.
ARTICLE 12 – CONVENTION ON PROOF
It is expressly agreed that the Parties may communicate between each other electronically, for the purpose of performance of the present Conditions, under the condition that technical safety measures aimed at guaranteeing the confidentiality of data exchanged are implemented.
Both Parties hereby agree that emails exchanged between themselves shall constitute valid proof of the content of exchanges and, where applicable, of their commitments taken, notably concerning the issue and acceptance of Orders.
ARTICLE 13 – PARTIAL INVALIDITY
In such instance as one or more stipulations appearing in the present Conditions should be deemed illicit or null and void, this invalidity shall not lead to the invalidity of other provisions set forth in the present Conditions, unless these provisions present any inseparable character from the invalidated stipulation.
ARTICLE 14 – APPLICABLE LAW
The present Conditions are governed by French law.
ARTICLE 15 – JURISDICTIONAL CLAUSE
The Parties hereby agree that in the event of any dispute arising concerning performance or interpretation of the present Conditions, they shall strive to seek an amicable resolution thereunto.
In the event of failure in attempted amicable resolution of this dispute, the matter shall be referred to the Courts holding jurisdiction.