Terms and Conditions of Sale

General Terms and Conditions of Sale

Article 1 – Definitions

These General Terms and Conditions of Sale (hereinafter the "GTC") are offered by the company YOUR COMPANY, under number YOUR COMPANY NUMBER and whose registered office is located at BUSINESS ADDRESS. (hereinafter "YOUR BRAND").

Hereinafter referred to as:

"Website": the website "https://votresite.com” and all its pages, exclusive property of the Company.

"Products" or "Services": all material products and services (prestations) that can be purchased or subscribed to on the Website.

"Seller": YOUR BRAND, legal entity or natural person, offering its Products or Services on the Website.

"Client": the internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Website.

"Consumer", in accordance with the definition in the preliminary article of the French Consumer Code: "any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft, or liberal activity."

The internet user visiting the Website and interested in the Products and Services offered by the Seller is invited to carefully read these GTC, to print and/or

save them on a durable medium, before placing an order on the Website.

The Client acknowledges having read the GTC and fully accepts them.

Article 2 – Application of the GTC and purpose of the Website

The Seller reserves the right to modify the GTC at any time by publishing a new version thereof on the Website.

The GTC applicable to the Client are those in force on the day of their order on the Website.

Legal information concerning the host and publisher of the Website, the collection and processing of personal data, and the conditions of use of the Website are provided in the general conditions of use, legal notices, and data charter of this Website.

This Website offers online sales of products for Your Niche

Access to the Website is free and open to all Clients. The acquisition of a Product or Service implies the Client's full acceptance of these GTC, who thereby acknowledges having full knowledge of them. This acceptance may consist, for example, of the Client checking the box corresponding to the acceptance phrase of these GTC, for example stating "I acknowledge having read and accepted all the general conditions of the Website". Checking this box will be deemed to have the same value as a handwritten signature by the Client.

Acceptance of these GTC implies that Clients have the necessary legal capacity to do so. If the Client is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, curator, or their legal representative.

The Client acknowledges the evidentiary value of the Seller's automatic registration systems and, unless they provide proof to the contrary, waives the right to challenge them in the event of a dispute.

Any Order for Products implies the Client's unreserved acceptance and full adherence to these General Terms and Conditions of Sale, which prevail over any other document: catalogs, advertisements, notices, unless expressly and previously agreed otherwise by the Company.

Article 3 – Customer Service

The customer service of this Website is accessible by e-mail at the following address: " contact@votresite.com" via a form or by postal mail at the address indicated in the legal notices. The Client must indicate in the e-mail their first name, last name, the subject of their request, and their Order number.

For any professional request (partnership, media, contract proposal), the Company can only be reached by e-mail at contact@votresite.com.

Article 4 – Order placement procedure and description of the purchase process

The Products and Services offered are those listed in the catalog published on the Website. Each product is accompanied by a description prepared by the Seller based on descriptions provided by the supplier.

The photos on the Website are non-contractual and may vary slightly from the models photographed. These variations are due to the settings of different screens and cameras, product lighting, shooting angle, etc.

Hereinafter, "Cart" is defined as the intangible object bringing together all the Products or Services selected by the Website Client for purchase by clicking on these items. To place an order, the Client chooses the Product(s) they wish to order by adding them to their "Cart", the contents of which can be modified at any time.

The Client places the Order via the Website: the Client registers and validates the Order on the Website.
To place an Order on the Website, the Client freely selects one or more Products from the Website catalog by clicking on the "add to Cart" button. On the "Cart" page, the Client can check the details of their Order and correct any errors before confirming it.
On the "Information" page, the Client must enter their contact information. They can opt to track their Order by e-mail by checking the required box.
On the "Delivery" page, the Client must choose their proposed shipping method.
On the "Confirmation" page, the Client must enter their bank details as well as the billing address. The Client also has the option to enter a promotional code if they have one.
A complete summary of the Order appears. The Client can modify all elements of the Order before finalization. The Client is responsible for any errors relating to the Order, Products, and contact information.
The sale is validly formed when the Client has confirmed the Order by clicking on the "Finalize my order" button, has accepted the General Terms and Conditions of Sale, and has made payment according to the chosen methods, subject to the exercise of the right of withdrawal.

The order validation date corresponds to the date of receipt of the full payment of the total price including tax, duly confirmed.

Article 5 – Price and payment terms

Unless otherwise stated, the prices listed in the catalog are understood to be in Euros, all taxes included (TTC), taking into account the VAT applicable on the day of the order and excluding any potential participation in processing and shipping costs.

YOUR BRAND reserves the right to pass on any change in the VAT rate to the price of the Products or Services. The Seller also reserves the right to modify its prices at any time. Nevertheless, the price listed in the catalog on the day of the order will be the only one applicable to the Client.

The Client can place an order on this Website and can make payment by Bank Card, Bancontact, Apple Pay, or PayPal. Payments by bank card are made through secure transactions provided by an online payment platform provider.

This Website does not have access to any data relating to the Client's payment methods. Payment is made directly to the bank or payment provider receiving the Client's payment. In case of payment by bank transfer, the delivery times defined in the "Deliveries" article of these GTC only start from the effective date of receipt of payment by the Seller, who can provide proof thereof by any means. The availability of Products is indicated on the Website, in the descriptive sheet of each Product.

YOUR BRAND will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. Computerized records will be considered by the parties as proof of communications, orders, payments, and transactions between the parties.

Article 6 – Deliveries

Delivery costs will be indicated to the Client before any payment. The Website has no geographical delivery limitation; orders can be shipped anywhere in the world. The delivery times indicated during the order are for informational purposes and remain dependent on possible delays from postal services or other special circumstances preventing delivery (demonstrations, bad weather, etc.).

In the event of delivery of a Product outside the territory of the European Union and in the French overseas departments and territories (DOM-TOM), the Client declares themselves the importer of the Product and accepts that, in such a case, the Seller may be physically unable to provide accurate information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where the delivery of the Product is requested.

Unless otherwise indicated on the Website during the order process or in the description of the ordered Products, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Client.

In case of hand delivery, the client may refuse a package at the time of delivery if they notice an anomaly concerning the delivery (damage, missing Product compared to the delivery note, damaged package, broken Products, etc.); any anomaly must then imperatively be indicated by the Client on the delivery note, in the form of handwritten reservations, accompanied by the Client's signature. To exercise their right of refusal, the Client must open the damaged or defective package(s) in the presence of the carrier and have the damaged goods returned. In case of mailbox delivery, the client agrees to immediately check the package and contact YOUR BRAND support if they notice any anomaly. Failing to comply with these requirements, the Client will not be able to exercise their right of refusal, and the Seller will not be obliged to accede to the Client's request to exercise the right of refusal.

If the Client's package is returned to the Seller by the Post Office or other postal service providers, the Seller will contact the Client upon receipt of the returned package to ask them what action to take regarding their order. If the Client has mistakenly refused the package, they may request its re-dispatch after first paying the postal fees for the new shipment. Postal fees must be paid even for orders for which shipping costs were free during the initial order.

In case of delivery error or exchange (if the right of withdrawal is applicable, i.e., if the Client is a Consumer and the contract entered into to acquire the Product or Service allows for withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or mishandling by the Client cannot be attributed to the Seller.

Any delay in delivery compared to the date or period indicated to the Consumer Client when placing their order or, in the absence of an indication of date or period when placing the order, exceeding thirty (30) days from the conclusion of the contract, may lead to the termination of the sale at the initiative of the Consumer Client, upon written request from them by registered letter with acknowledgment of receipt, if, after having enjoined the Seller to make the delivery, the Seller has not complied. The Consumer Client will then be reimbursed, no later than fourteen (14) days following the date on which the contract was terminated, for all sums paid. This clause is not intended to apply if the delivery delay is due to a case of force majeure.

Specific case of a package whose tracking number indicates "delivered" but not received in the mailbox: if the Client notices and informs the Seller that the package is not in their mailbox despite its tracking number indicating that it is "delivered", customer service may request additional information as well as an official document from La Poste responding to their complaint regarding the corresponding tracking number. The Seller will then make every effort to ensure Client satisfaction by offering, in particular, the immediate re-shipment of products at their own expense.

Article 7 – Right of withdrawal and withdrawal form

The Consumer Client has fourteen (14) working days from the date of receipt of the product from their order to withdraw. They will be required to return any product that does not suit them and request an exchange or refund without penalties, with the exception of return costs, within fourteen days from the receipt by YOUR BRAND of the refund request.

The Product must be returned in perfect condition, unopened and unused. The Consumer Client can find below a standard withdrawal form for an order placed on the Website, to be sent to YOUR BRAND. It is understood that the Client will bear the costs of returning the Product in case of withdrawal.

The Client is recommended to return the package using a solution that allows tracking. Otherwise, if the returned package does not reach the Seller, it will not be possible to initiate an investigation with the postal services to request them to locate it.

The refund will be made using the same payment method as the one chosen by the Client for the initial transaction, unless the Client expressly agrees that the Seller uses another payment method, and provided that the refund does not incur any costs for the Client.

The Seller also reserves the right to defer the refund until receipt of the Product or as long as the Client has not demonstrated that they have shipped the Product, if such a demonstration has not previously occurred.

In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the Product(s), the Client's liability may be engaged.

In accordance with Article L121-17 of the French Consumer Code ("Hamon Law") of June 2014, the Consumer Client can find below a standard withdrawal form for an order placed on the website:

Withdrawal Form

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of:

YOUR COMPANY - BUSINESS ADDRESS

I / We (*) hereby notify you / us (*) of my / our (*) withdrawal from the contract for the sale of the goods below:

Order number:

Name / Surname:

Phone number:

Email address:

Postal address:

Reason for claim:

Exchange* (mention desired product)
Refund* (attach a complete bank account statement with IBAN and BIC mentioned)

Signature of the Client(s) (only in case of notification of this form on paper):

Date:

(*) Delete as appropriate.

Article 8 – Product Warranty

Legal provisions to be reproduced

The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.

The consumer may decide to implement the warranty against hidden defects of the item sold as defined in Article 1641 of the Civil Code, unless the seller has stipulated that they will not be bound by any warranty; in the event of the implementation of this warranty, the buyer has the choice between rescinding the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. They have a period of two years from the discovery of the defect.

The deferral, suspension, or interruption of the limitation period cannot have the effect of extending the extinctive limitation period beyond twenty years from the day the right arose, in accordance with Article 2232 of the Civil Code.

All items purchased on this site benefit from the following legal guarantees, provided by the Civil Code;

Legal guarantee of conformity

The Seller is obliged to deliver goods that conform to the contract concluded with the Consumer Client and to be responsible for any defects in conformity existing at the time of delivery of the Product. The guarantee of conformity may be exercised if a defect existed on the day the Product was taken into possession.

However, it will be up to the Client to prove that the defect did exist at the time the Product was taken into possession.

"In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. They are then obliged to proceed, unless impossible, according to the option not chosen by the buyer."

Legal guarantee against hidden defects

In the event of non-conformity of a delivered Product, it may be returned to the Seller who will exchange it. If it is impossible to exchange the Product (obsolete Product, out of stock, etc.), the Client will be reimbursed by cheque or bank transfer for the amount of their order. The costs of the exchange or refund procedure (including shipping costs for returning the Product) are then borne by the Seller.

Article 9 – Liability

The Seller YOUR BRAND cannot be held responsible for the non-performance of the concluded contract due to the occurrence of a force majeure event. Regarding the purchased Products, the Seller shall not incur any liability for any indirect damages resulting from these terms, loss of operation, loss of profit, damages or expenses that may arise.

The choice and purchase of a Product or Service are the sole responsibility of the Client. The total or partial impossibility of using the Products, particularly due to material incompatibility, cannot give rise to any compensation, refund, or questioning of the Seller's liability, except in the case of a proven hidden defect, non-conformity, defectiveness, or exercise of the right of withdrawal if applicable, i.e., if the Client is not a Consumer Client and the contract entered into to acquire the Product or Service allows for withdrawal, according to Article L 121-21 of the Consumer Code.

The Client expressly acknowledges using the Site at their own risk and under their sole responsibility. In any event, YOUR BRAND can under no circumstances be held responsible for:

any direct or indirect damage, particularly with regard to loss of profits, loss of earnings, loss of clientele, loss of data which may result, among other things, from the use of the Site, or conversely from the impossibility of its use;
a malfunction, unavailability of access, improper use, incorrect configuration of the Client's computer, or the use of an uncommon browser by the Client;
the content of advertisements and other links or external sources accessible to Clients from the Site.

The Seller's liability cannot therefore be engaged if the characteristics of the Products differ from the visuals present on the Site or if these are erroneous or incomplete.

Article 10 – Force majeure

In accordance with Article 1218 of the Civil Code, force majeure or fortuitous events are considered to be events beyond the control of the parties, which they could not reasonably have been expected to foresee, and which they could not reasonably have avoided or overcome, to the extent that their occurrence makes the performance of obligations totally impossible.

The occurrence of a force majeure event shall automatically suspend the performance of the Order.

Beyond a period of ninety (90) calendar days, if the parties confirm the persistence of the force majeure event, the Order may be cancelled by either party, and the sales contract terminated. To this effect, the most diligent party shall send the other a registered letter with acknowledgement of receipt denouncing the said sales contract.

The effective date of termination will be the date of first presentation of the letter. In this event, neither party may claim damages, unless otherwise agreed by both parties.

Article 11 – Intellectual Property Rights

All elements of this Site belong to the Seller or a third-party agent, or are used by the Seller with the authorization of their owners.

All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the Site are protected by copyright, trademark law, image rights and patent law. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the Site. Any simple or hypertext link is strictly prohibited without the express written consent of the Company. In all cases, any link, even tacitly authorized, must be removed upon simple request from the Company.

Only the use of the Site for private use, subject to different or more restrictive provisions of the Intellectual Property Code, is authorized.

Any total or partial reproduction of the Company's catalog is strictly prohibited. Any other use constitutes counterfeiting and is punishable under Intellectual Property law unless prior authorization is obtained.

Any reproduction, representation, adaptation of logos, textual, pictorial or video content, without this list being exhaustive, is strictly prohibited and constitutes infringement.

Any Client who is guilty of counterfeiting may have their account deleted without prior notice or compensation and without this deletion constituting damage, without prejudice to any subsequent legal proceedings against them, at the initiative of the Seller or their agent.

The trademarks and logos contained on the Site may be registered by YOUR BRAND, or potentially by one of its partners. Any person who represents, reproduces, embeds, disseminates or redistributes them incurs the penalties provided for in Articles L.713-2 et seq. of the Intellectual Property Code.

Article 12 – Processing of Personal Data

The Company collects Client data:
a) for the purpose of processing and tracking the Client's Order on its Site; (and/or)
b) for the purpose of contacting you about various events related to the Company, including Product updates and customer relationship management; (and/or)
c) for the purpose of collecting information that allows us to improve the Site and our Products (particularly through the use of cookies).

The data collected is processed by the Site's contractual service providers who are in charge of packaging and distributing the ordered Products, as well as by the hosting provider, Shopify Inc., whose servers are secure and protected by a firewall.

The collected data is kept by the Company only for the period corresponding to the purposes of the above collection and which may in no case exceed five (5) years.

In accordance with Law No. 2018-493 of June 20, 2018, relating to the protection of personal data, and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation (GDPR), the Client benefits from a right to access, modify, rectify, delete, or object for legitimate reasons concerning their data.

The Client can exercise their rights by e-mail to contact@votresite.com.

Article 13 – User Comments and Other Submissions

If the Client sends ideas, suggestions, or other materials, whether online, by email, by mail, or otherwise (collectively, "comments"), at the request of the Company or not, the Client grants the Company the right, at any time, and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any comments the Client sends.

The Company is not and shall not be obliged (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comments provided; (3) to respond to comments.

The Company may monitor, modify or delete content that it deems, in its sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these General Terms and Conditions of Sale.

The Client agrees to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. The Client agrees not to include illegal, defamatory, offensive, or obscene content in their comments, and that they will not contain computer viruses or other malicious software that could affect the operation of the Site or other associated websites. The Client agrees not to use a false email address, pretend to be someone else, or try to mislead the Company and/or third parties as to the origin of their comments.

The Client is entirely responsible for their published comments and their accuracy. The Company assumes no responsibility and disclaims all liability with respect to comments published by the Client or any third party.

Article 14 – Severability

If any provision of the GTC is found to be illegal, void or for any other reason unenforceable, then that provision shall be deemed severable from the GTC and shall not affect the validity and enforceability of the remaining provisions.

These GTC replace all prior or contemporaneous written or oral agreements. The GTC are not assignable, transferable or sublicensable by the Client themselves.

A printed version of the GTC and of all notices given in electronic form may be requested in judicial or administrative proceedings related to the GTC. The parties agree that all correspondence relating to these GTCs must be drafted in the French language.

Article 15 – Applicable Law and Mediation

The General Terms and Conditions of Sale are subject to French law.

The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited, stolen, or falsified bank card or one reported as lost. In this context, no attempt at amicable conciliation will be accepted.

The fact that a clause in these General Terms and Conditions of Sale becomes null and void shall not call into question the validity of the other stipulations and shall not exempt the Client from fulfilling their contractual obligations.

Indemnity

You agree to defend, indemnify and hold the Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, administrators, officers, agents, service providers, attorneys, suppliers and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the website or our products and services, your breach of the terms or your breach of your acknowledgements, agreements, representations, warranties and obligations herein.

National or cross-border disputes that may arise concerning the validity, interpretation, execution or non-execution, interruption or termination of this contract may be submitted to mediation at the Client's request.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, a Mediator approved by the Commission for the Evaluation and Control of Consumer Mediation (CECMC), is appointed as Consumer Mediator, to facilitate the resolution of disputes between the Company and its Clients, for a period of three (3) years from [01/05/2019].

The European Commission website describes the mediation process used and allows Clients to submit a mediation request online with supporting documents.

The dispute cannot be examined by the Mediator if:

- the Client does not prove that they have previously attempted to resolve their dispute directly with the Company through a written complaint,

- the request is manifestly unfounded or abusive,

- the dispute has been previously examined or is currently being examined by another mediator or by a court,

- the consumer submitted their request to the mediator more than one year after their written complaint to the Company,

- the dispute does not fall within their scope of competence.

Mediation is free for the Client. If the Client uses, at any stage of the mediation, a lawyer, a third party of their choice, or an expert to defend them, they will bear the costs alone.

The Mediator may not receive instructions from the parties or be remunerated based on the outcome.

Participation in mediation does not exclude the possibility of recourse to a court. The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions. In the event of a dispute before a judge, jurisdiction is attributed to the competent Estonian court.

The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited or blocked bank card, or a stolen or falsified cheque. In this context, no attempt at amicable conciliation will be accepted.

Parts Warranty:

The warranty is limited to 30 days from the date of purchase under normal conditions of use and excludes breakdowns caused by an external factor. Under these conditions, the seller undertakes to replace the defective part.

Article 16: SMS Policy

SMS Policy:

By consenting to SMS marketing from YOUR BRAND at checkout and initiating a purchase or subscribing via our subscription tools, you agree to receive recurring SMS notifications (for your order, including abandoned checkout reminders), SMS marketing offers, and transactional SMS, including review requests from us, even if your mobile number is registered on a national or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving SMS marketing messages and notifications, reply with STOP to any mobile message sent by us or use the unsubscribe link we provided in one of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all fees and charges associated with text messaging imposed by your wireless service provider. Message and data rates may apply.

For any questions, please send HELP by SMS to the number from which you received the messages. You can also contact us at https://DomainnName/pages/contact or by email at contact@DomainnName for more information.

We have the right to change any phone number or short code we use to operate the service at any time. You will be notified on these occasions. You agree that any messages you send to a phone number or short code that we have changed, including STOP or HELP requests, will not be received, and we will not be obliged to honor requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for the failed, delayed, or misdirected delivery of any information sent through the service, for any errors in such information, and/or for any action you may or may not take in reliance on the information or the service.

Your right to privacy is important to us. You can review our privacy policy: https://DomainName/pages/politique-de-confidentitialite to determine how we collect and use your personal information.

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