These general conditions of sale (hereinafter the “General Conditions”) apply to any purchase made by a natural person (hereinafter the “CUSTOMER”) on the website www.lacasapitchoun.com (hereinafter -after the "SITE") with La Casa Pitchoun, AE registered in the trade and companies register 80852125600012 under number 80852125600012, having its registered office at 372 avenue Sainte Marguerite - Les Oliviers n°8 - 06200 Nice - France Tel: +33 06 86 67 13 08, email: [email protected] (hereinafter the "SELLER").
Any order placed on the Site necessarily implies the unconditional acceptance of the CUSTOMER of these general conditions
ARTICLE 1. DEFINITIONS
- "CUSTOMER" : refers to the SELLER's co-contractor, who guarantees to have the quality of consumer as defined by French law and case law. As such, it is expressly provided that the CLIENT acts outside any usual or commercial activity.
- "DELIVERY" : means the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated during the order.
- "PRODUCTS" : refers to all the products available on the SITE.
- "TERRITORY" : refers to Metropolitan FRANCE (excluding DOM / TOM).
ARTICLE 2. PURPOSE
The CUSTOMER is clearly informed and recognizes that the SITE is intended for consumers and that professionals must contact the service commercial of the SELLER in order to benefit from separate contractual conditions
ARTICLE 3. ACCEPTANCE OF THE GENERAL CONDITIONS
These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download and print the General Conditions and to keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions with each new order, the latest version of said Conditions. '' applying to any new order of PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm the said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
ARTICLE 4. PURCHASE OF PRODUCTS ON THE SITE
The CUSTOMER will be asked to provide information to identify him by completing the form available on the SITE. The sign (*) indicates the mandatory fields which must be completed for the CLIENT's order to be processed by the SELLER. The CUSTOMER can check the status of his order on the SITE. The tracking of DELIVERIES can, if necessary, be carried out using the online tracking tools of certain carriers. The CUSTOMER can also contact the SELLER's sales department at any time by email, at [email protected], in order to obtain information on the status of his order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
ARTICLE 5. ORDERS
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under applicable law.
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.
Unless expressly indicated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and standards applicable in France.
Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER's start page, the steps may differ slightly).
The CUSTOMER must select the PRODUCT (s) of his choice by clicking on the PRODUCT (s) concerned and choosing the characteristics and quantities desired. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER's basket. The latter can then add as many PRODUCTS to their basket as they wish.
Once the PRODUCTS have been selected and placed in his basket, the CUSTOMER must click on the basket and check that the content of his order is correct. If the CUSTOMER has not yet done so, he will then be invited to identify himself or to register.
Once the CUSTOMER has validated the contents of the basket and he will be identified / registered, an automatically completed online form will be displayed to him summarizing the price, applicable taxes and, where applicable, delivery costs.
The CUSTOMER is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content.
The CUSTOMER may then proceed to payment for the PRODUCTS by following the instructions on the SITE and provide all the information necessary for invoicing and DELIVERY of the PRODUCTS. Regarding the PRODUCTS for which options are available, these specific references appear when the right options have been selected. Orders placed must include all the information necessary for the proper processing of the order.
The CUSTOMER must also select the chosen delivery method.
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CUSTOMER by email, provided that the email address provided through the registration form is correct. .
The SELLER does not send any order confirmation by post or fax.
During the ordering process, the CUSTOMER must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER).
The CUSTOMER must in particular clearly indicate all the information relating to the DELIVERY, in particular the exact DELIVERY address, as well as any possible access code to the DELIVERY address.
The CUSTOMER must also specify the means of payment chosen.
Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by e-mail constitute an invoice. Whatever the method of order or payment used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE do not begin to run until this date.
For all PRODUCTS, the CUSTOMER will find on the SITE the prices displayed in euros all taxes included, as well as the applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, of the DELIVERY address and the carrier or mode of transport chosen).
The VAT rate is not applicable on PRODUCTS, art. 293 B of the CGI.
The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They can also be modified in the event of offers or special sales.
The prices indicated are valid, except for gross error.The applicable price is that indicated on the SITE on the date on which the order is placed by the CUSTOMER.
The professional undertakes to deliver the PRODUCT on the date or within the period indicated to the CUSTOMER, unless the parties have agreed otherwise.
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER.
In any case, if the unavailability was not indicated at the time of the order, the SELLER is undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.
In the event that a PRODUCT is unavailable, the SELLER may, and if the parties agree, offer an alternative PRODUCT of quality and equivalent prices, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for unavailable PRODUCTS no later than thirty (30 ) days of payment.
ARTICLE 6. RIGHT OF WITHDRAWAL
ARTICLE 7. PAYMENT
The CUSTOMER can pay for his PRODUCTS online on the SITE using the means offered by the SELLER.
The CUSTOMER guarantees the SELLER that he holds all the authorizations required to use the means of payment chosen.
The SELLER will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the SITE.
As such, it is specified that all payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
In the event of a single payment by credit card, the CLIENT's account will be debited as soon as the PRODUCTS order is placed on the SITE.
In the event of partial DELIVERY, the total amount will be debited from the CUSTOMER account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these General Conditions.
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service in order to pay for the order by any other valid means of payment.
In the 'hypothesis where, for whatever reason, opposition, refusal or other, the transmission of the flow of money owed by the CUSTOMER would prove impossible, the order would be canceled and the sale automatically terminated.
ARTICLE 8. PROOF AND ARCHIVING
The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CLIENT's request.
In the event of a dispute, the SELLER will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
ARTICLE 9. TRANSFER OF OWNERSHIP
The above provisions do not preclude the transfer to the CUSTOMER, at the time of receipt by him , or by a third party designated by him other than the carrier, the risk of loss or damage to the PRODUCTS subject to the retention of title, as well as the risk of damage they may cause.
ARTICLE 10. DELIVERY
ARTICLE 11. PACKAGING
ARTICLE 12. GUARANTEES
Apart from the commercial guarantees that the SELLER could offer for certain PRODUCTS, all Customers benefit from “legal” guarantees, for all PRODUCTS, which are detailed below, in accordance with article L .111-1 of the Consumer Code
ARTICLE 13. RESPONSIBILITY
The SELLER shall not may be held responsible, or considered to have failed herein, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of the courts and French courts.
It is also specified that the SELLER does not control websites which are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published there. Links to third party websites are provided for informational purposes only and no warranty is given as to their content.
ARTICLE 14. FORCE MAJEURE
The SELLER's liability cannot be implemented if the non-performance or delay in the performance of one of its obligations described in these GTC results from a case of force majeure.
There is force majeure in contractual matters when an event beyond the control of the debtor, which could not be reasonably foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents performance of its obligation by the debtor.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is final, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.
As such, the SELLER cannot be held liable in particular in the event of an attack by hackers, unavailability of equipment, supplies, spare parts, personal or other equipment, interruption of electronic communications networks, as well as in the event of an occurrence of any circumstance or event outside the will of the SELLER occurring after the conclusion of the GTC and preventing execution under normal conditions.
It is specified that, in such a situation, the CUSTOMER does not may claim the payment of any compensation and may not bring any recourse against the SELLER.
In the event of one of the aforementioned events, the SELLER will endeavor to inform the CUSTOMER as soon as possible.
ARTICLE 15. PERSONAL DATA
The data collected by the SELLER is used to process orders placed on the SITE, manage the CLIENT's account,analyze orders and, if the CLIENT has expressly chosen this option, send him commercial prospecting letters, newsletters, promotional offers and / or information on special sales, unless the CLIENT no longer wishes to receive such communications from on behalf of the SELLER.
The CLIENT's data are kept confidentially by the SELLER for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email.
The data can be communicated, in whole or in part , to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its commercial partners, provided that they have expressly given their prior consent when registering on the SITE.
The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their minds at any time by contacting the SELLER. The SELLER can also ask his CUSTOMERS if they wish to receive commercial solicitations from his partners.
In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing the Directive 95/46 / CE (General Data Protection Regulation known as RGPD), the SELLER ensures the implementation of the rights of the persons concerned.
It is recalled that the CUSTOMER whose personal data are processed has the rights of access, rectification, updating, portability and deletion of information concerning him, in accordance with the provisions of articles 39 and 40 of the amended Data Protection Act, and the provisions of articles 15, 16 and 17 of the European General Regulation on the Protection of Persons (RGPD).
In accordance with the provisions of Article 38 of the amended Data Protection Act and the provisions of Article 21 of the GDPR, the CUSTOMER may also, for legitimate reasons, oppose the processing of data concerning him, without reason and without charge.
The CUSTOMER can exercise these rights by sending an e-mail to the address: [email protected] or by sending a letter to 372 avenue Sainte Marguerite - Les Oliviers n°8 - 06200 Nice - France. < br />
It is specified that the CUSTOMER must be able to justify of his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document.
ARTICLE 16. COMPLAINTS
ARTICLE 17. INTELLECTUAL PROPERTY
These elements are the exclusive property of the SELLER. Anyone who publishes a website and wishes to create a direct hypertext link to the SITE must request the authorization of the SELLER in writing.
This authorization of the SELLER will in no case be granted definitively. This link must be removed at the request of the SELLER. Hypertext links to the SITE which use techniques such as framing or insertion by hypertext links (in-line linking) are strictly prohibited.
Any representation or reproduction, total or partial , of the SITE and its content, by any means whatsoever, without the express prior authorization of the SELLER, is prohibited and will constitute an infringement punishable by articles L.335-2 and following and articles L.713-1 and following of the Code of Intellectual Property.
Acceptance of these GTC constitutes recognition by the CLIENT of the intellectual property rights of the SELLER and commitment to respect them.
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ARTICLE 18. VALIDITY OF THE GENERAL CONDITIONS
All conditions not expressly dealt with herein will be governed in accordance with the practice of the retail sector, for companies headquartered in France.
Article 19. MODIFICATION OF THE GENERAL CONDITIONS
These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Conditions are dated precisely and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.
Changes to the General Conditions will not apply to PRODUCTS already purchased.
Article 20. JURISDICTION AND APPLICABLE LAW
IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS SHALL BE COMPETENT.
However, prior to any recourse to the arbitral or state judge, the Customer is invited to contact the SELLER's complaints department.
If no agreement is found or if the CUSTOMER justifies having tried, first , to resolve the dispute directly with the SELLER by a written complaint, an optional mediation procedure will then be offered, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon the occurrence of any relative conflict to this contract, including its validity.
To initiate this mediation, the CUSTOMER can contact the SELLER's mediator: Carrique, whose contact details are: +33 06 86 67 13 08 and who can be contacted via this link: [email protected]
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict
Mediation not presenting a mandatory character, the CUSTOMER or the SELLER may at any time withdraw from the process
IN THE HYPOTHESIS OR THE MEDIATION WOULD FAIL OR NOT BE CONSIDERED, THE LITIGATION HAVING BEEN ABLE TO GIVE A MEDIATION WILL BE ASSIGNED TO THE COMPETENT COURT DESIGNATED ABOVE.
The CLIENT has in principle the right to withdraw by returning or returning the PRODUCT to the SELLER.
For this, the PRODUCT must be returned or returned without undue delay, and at the latest within fourteen (14) days following the communication of its decision to withdraw, unless the SELLER offers to collect the PRODUCT himself. br />
In accordance with article L.221-18 of the Consumer Code, the withdrawal period expires fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the PRODUCT.
In the event that the CUSTOMER has ordered several PRODUCTS via a single order giving takes place in several DELIVERIES (or in the case of an order of a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) days after the day on which the CUSTOMER T, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT delivered.
If the CLIENT's order relates to several PRODUCTS and if these PRODUCTS are delivered separately, the time limit withdrawal expires fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT.
Notification of the right to withdrawal
To exercise his right of withdrawal and in accordance with article L.221-21 of the Consumer Code, the CUSTOMER must notify his decision to withdraw by means of a unambiguous declaration (for example, letter sent by post, fax or e-mail) to: 372 avenue Sainte Marguerite - Les Oliviers n°8 - 06200 Nice - France or [email protected]
He can also use the form below:
In order for the withdrawal period to be respected, the CUSTOMER must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
< b> Effects of withdrawal
In the event of withdrawal from the CLIENT, the SELLER undertakes to reimburse all sums paid, including delivery costs (to the '' except for additional costs resulting, where applicable, from the choice by the CUSTOMER of a delivery method other than the standard delivery method offered by the SELLER) without undue delay and, in any event, no later than fourteen ( 14) days from the day on which the SELLER receives the returned PRODUCT. (Article L.221-24 of the Consumer Code) .
The SELLER will reimburse in using the same means of payment as that which the CLIENT will have used for the initial transaction, unless the CLIENT expressly agrees on a different means, in to In any event, this reimbursement will not incur costs for the CUSTOMER.
The SELLER is not required to reimburse the additional costs if the CUSTOMER has expressly chosen a more expensive delivery method than the standard delivery method offered by the SELLER.
The SELLER may defer the refund until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, the date being that of the first of these facts.
Terms of return
The CUSTOMER must, without undue delay and, in any event, at the latest fourteen (14) days after communication of its decision to withdraw from this contract, return the goods to: 372 avenue Sainte Marguerite - Les Oliviers n°8 - 06200 Nice - France.
This period is deemed to have been met if the CUSTOMER returns the goods before the expiry of the period of fourteen (14) days.
The CUSTOMER must bear the direct costs of returning of the good.
In the event that the weight of the PRODUCT prevents the CUSTOMER from returning this PRODUCT by post, the CUSTOMER must bear the direct costs of returning the good.
Condition of the returned item
The PRODUCT must be returned according to the SELLER's instructions and include all the accessories delivered.
The responsibility of the CUSTOMER is only committed with regard to the depreciation of the good resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CUSTOMER has the possibility of testing the PRODUCT but his responsibility could be engaged if he carries out manipulations other than those which are necessary.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
- Supply of goods made according to the CUSTOMER's specifications or clearly personalized
- Supply of goods which by their nature are inseparably mixed with other items
- Supplies of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CUSTOMER after DELIVERY
The PRODUCTS offered can only be delivered in the TERRITORY.
It is impossible to place an order for any delivery address located outside this TERRITORY.
The PRODUCTS are sent to the delivery address (es) that the CUSTOMER will have indicated during the ordering process.
The deadlines for preparing an order and then establishing the invoice, before shipping the PRODUCTS in stock are mentioned on the SITE. These deadlines are understood to be excluding weekends or public holidays.
An electronic message will be automatically sent to the CUSTOMER when the PRODUCTS are shipped, provided that the email address appearing in the registration form is correct.
Delivery times & costs
During the ordering process, the SELLER indicates to the CUSTOMER the delivery times and formulas possible for the PRODUCTS purchased.
Shipping costs are calculated according to the delivery method.
The amount of these costs will be payable by the CUSTOMER in addition to the price of the PRODUCTS purchased.
The details of delivery times and costs are detailed on the SITE.
In the absence of indication or agreement as to the delivery date, the SELLER delivers the PRODUCT without undue delay and at the latest thirty (30) days after the conclusion of the contract. (Article L.216-1 of the Consumer Code) .
Terms of DELIVERY
The package will be delivered to the CLIENT against signature and on presentation of an identity document or, if it does not require a signature, will be left in the letterbox.
In the event of absence, a notice of passage will be left to the CUSTOMER, in order to allow him to pick up his parcel in his post office.
The CUSTOMER is informed of the delivery date set when he chooses the carrier, at the end of the online ordering procedure, before confirming the order.
It is specified that deliveries will be made under thirty (30) days maximum. Failing this, the CUSTOMER must give notice to the SELLER to deliver within a reasonable period of time and in the event of non-delivery within this period, he may terminate the contract.
The SELLER will reimburse, without undue delay from upon receipt of the termination letter, to the CUSTOMER the total amount paid for the PRODUCTS, taxes and delivery costs included, by means of the same payment method as that used by the CUSTOMER to purchase the PRODUCTS.
The SELLER is responsible until the PRODUCT is delivered to the CUSTOMER. It is recalled that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss observed during delivery.