General terms and Conditions of sale Guêpes et Papillons
- INFORMATION ABOUT THE SELLER AND THE ASSOCIATED SERVICES
- Information about the seller
Website available at the following address : www.guepesetpapillons.fr (hereafter, the " Site ") is published by the limited liability company Guêpes et Papillons, (hereinafter the" Seller ") with a capital of 100,000.00 euros, whose headquarters are located at 12, Avenue Victor Hugo, 75116 – Paris, France and registered with the RCS of Paris under Number 803 983 519.
Intra-Community VAT number: (To be completed, if applicable)
- Information about associated services
- Customer Service : camillerouvier@guepesetpapillons
Postal address: 12, avenue Victor Hugo, 75116 – Paris
Telephone: 01.45.00.31.68 (cost of a local call), from 11:00 to 18:30, Tuesday to Friday, except on days off or public holidays.
- Website hosting provider : OVH
- Site manager : Camille Rouvier
- GENERAL TERMS AND CONDITIONS OF SALE INFORMATION
- Purpose of the General Conditions of sale
These General Terms and Conditions of Sale (hereinafter, the " Terms and Conditions ") are applicable exclusively to the online or telephone sale of GUEPES & PAPILLONS products accessible via the Site (hereinafter, the " Product (s) »).
- Scope of application the GTC
The GTCs exclusively govern the sales contracts concluded online or by telephone between the Seller and any buyer who is a consumer (hereinafter, the "Buyer(s)"). Buyer(s) "These documents, together with the order form, constitute the contractual documents binding on the parties, to the exclusion of all other documents, brochures, catalogues or photographs of the Products, which are only indicative.
The GTC are written as well as all the contractual information mentioned on the website in French language.
- Availability and enforceability of the GTC
The terms and conditions are made available to the purchaser on the seller's website where they are directly accessible and searchable.
The terms and conditions are enforceable to the purchaser who recognizes, by checking a box provided for this purpose, knowing and having accepted them before ordering.
The validation by confirmation of the order implies the acceptance by the Buyer of the GTC in force on the day of the order, whose conservation and reproduction is ensured by the seller in accordance with article 1369-4 of the Civil Code.
- Changes of the terms and conditions
The Seller reserves the right to modify the GTC at any time without prior notice to the Purchasers of the website.
In the event of changes in the GTC, the applicable GTC are those in force on the day of the order. A copy dated on that day may be delivered if requested by the Purchaser.
- Product Information
- Essential characteristics of the products
The products put up for sale on the website are all subject to a description indicating their essential characteristics in accordance with article L. 111-1 of the Consumer Code.
The photographs and graphics featured on the website have been integrated as an indication and cannot constitute a contractual undertaking by the seller, guaranteeing a perfect similarity between the product ordered and the product represented.
Each horn piece is unique. Therefore, understand when purchasing hornmade products, that the colour of your order is likely to slightly differ from the colour of the product featured on our website.
- How to use the products
In order to ensure the longevity of the products, the seller informs the purchaser of certain precautions to be taken when using the products.
The products put up for sale on the website comply with the requirements of French law in force at the time of their placing on the market.
The seller may not be rendered liable in the event of non-compliance with the legislation of the country to which the product is delivered.
- Product Price Information
- Selling price
In accordance with article L. 113-13 of the Consumer Code, the selling prices are indicated, for each of the products on the website, in euro all taxes included, excluding delivery and transport charges mentioned before the order validation and charged extra.
In the event of an order to a country other than metropolitan France, the purchaser is the importer of the product(s) ordered. Customs duties or other local taxes or import duties or state taxes may be payable.
The seller is not responsible for these rights and summing costs. They shall fully be the responsibility of the purchaser, both in terms of declarations and payments to the competent authorities and bodies of the importing country. The Seller advises the future Buyer to check with the local authorities concerned.
The selling price of the product is the one in force on the day of the order.
The total amount owed by the Buyer is indicated on the confirmation page of the order.
In case of price promotion, the Seller agrees to apply the promotional price to any order placed during the duration of the promotion.
- Price Changes
The Seller reserves the right to change its prices at any time, while guaranteeing to the purchaser the application of the price in force on the day of his order.
- SALE OFFERS
The sale offers presented on the website are reserved for buyers residing in France, Switzerland or in one of the twenty-eight member countries of the European Union and for deliveries in these same geographical areas.
- Duration-Availability of products
The sale offers presented on the website are valid as long as the products are on the website and within the limit of the available stocks, in the absence of indication of a particular duration.
Acceptance of the offer by the purchaser is validated, in accordance with the double click process, when the order is confirmed.
- Steps to conclude the contract
When ordering online, the buyer, after filling his virtual basket with the selected products and desired quantities, clicks on the " Proceed to order " button and provides information on delivery and the method of payment.
Before clicking on " Confirm the order " the buyer can check both the detail of his order and the total price. The buyer can also return to the previous pages to correct any errors, or change his order if necessary.
The confirmation of the order leads to the acceptance of the GTC and the formation of the contract.
The seller sends an e-mail to the purchaser acknowledging the proper reception of the order and its actual payment.
- Changing the Order
Any modification of the order by the purchaser after its confirmation is subject to the prior acceptance of the seller.
- Validation of the order
The Seller reserves the right to refuse any order for legitimate reasons and in particular when the purchaser has ordered a large quantity of identical products via the website, or in case of problem of supply or of a difficulty relating to the order.
- Unavailability of the product ordered
If the product ordered is unavailable for delivery, the seller immediately notifies the purchaser and may offer a product of an equivalent quality and price.
In the absence of an agreement, the seller shall refund the purchaser no later than fourteen free days following the payment of the product subject to the order.
The online contract of sale is formed when the buyer sends the confirmation of his order.
- Record-keeping and evidentiary purposes
The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with article 1348 of the Civil Code.
These communications, purchase orders and invoices may be presented as proof of the contract.
Subject to compliance with the conditions laid down in Article 13 of these GTC, the purchaser has a withdrawal period of fourteen clear days to return the goods delivered without having to justify or pay any penalty of any kind whatsoever.
- The rescinding
The contract can be rescinded by the purchaser in case of:
- Delivery of a product that does not comply with the declared characteristics of the product;
- Delivery exceeding the given deadline in the order form for products whose value exceeds EUR 500 under the conditions laid down in article 9.3. of these GTC.
The contract can be rescinded by the seller in case of:
- Non-payment of the price of the product;
- Buyer's refusal to take delivery of the product.
- Terms of payment
The price is payable in full after confirmation of the order.
The payment must be made immediately at the order, and by credit card only.
- Secure payment system
The Site is equipped with PayPal's online payment security system, which ensures the encryption of the buyer's banking data transmission.
This security system protects the buyer's banking information through a computer system that ensures safety and fraud prevention.
Delivery means the transfer of the physical possession of the product to the purchaser.
- Delivery time
The seller undertakes, in accordance with the delivery deadline indicated on the website for each of the products, to deliver the product(s) within 7 to 40 days after the reception of the order by the seller.
- Delay in delivery
In the event of the seller's failure to deliver on or after the date of the order, not due to a case of force majeure, the purchaser has the right to cancel the contract of sale, by registered letter with return receipt requested or by writing on another durable medium sent to the customer Service, if, after having urged the seller to make the delivery of the product within a reasonable additional time, under the same terms, the latter did not work within that time.
The purchaser shall return the goods delivered if necessary and shall receive in any case the full refund of his payment from the seller, no later than fourteen clear days after.
- Terms of delivery
The products are delivered to the address indicated by the purchaser on the purchase order.
Any claims concerning delivery errors must be made by the purchaser to the seller within fourteen clear days following delivery at the latest.
Delivery is carried out by postal mail – Collisimo service and follow-up service.
Upon the postal delivery, the purchaser must check the conformity and packing condition of the delivered product at the time of the reception.
- Delivery and passing of risk
The risks of loss or damage to the products are passed on to the purchaser at the time he, or a third party designated by the latter, takes physical possession of the product, without distinction according to their nature.
The product that is delivered to the purchaser by a carrier chosen by the seller travels at the latter’s expense and risk.
The product that is delivered to the purchaser by a carrier chosen by the latter, travels at the purchaser’s expense and risk as of the product is delivered to the carrier.
- Transfer of ownership
The property of the product is transferred to the purchaser as of the date of delivery indicated in the purchase order.
- Product Compliance
If the product delivered is not in accordance with that ordered, the purchaser must address a complaint to the seller in order to obtain the replacement of the product or possibly the cancellation of the sale.
- Product unavailability
In case of unavailability of the products on delivery, the seller may offer a product that is equivalent in quality and price to the purchaser, under the conditions laid down in article 6.4. of these GTC.
- Failure to deliver
The total defect of delivery leads to the full rescinding of the contract of sale.
- Legal guarantees
All products supplied by the seller benefit from the legal guarantee of conformity provided for in articles L. 211-4 to L. 211-14 of the Consumer Code and the legal guarantee of the latent defects provided for in articles 1641 to 1649 of the Civil Code.
Under these guarantees, the seller undertakes, at the option of the purchaser, to refund the latter or to exchange the unsuitable products (defective or not as ordered).
- Customer Service
Claims made under warranties of any kind whatsoever must be addressed to the customer service. The contact details are given in article 1.2. Of these GTC.
The products covered by the warranties must be returned as new, in their original condition and packing and must be complete after receipt and confirmation of the claim by the customer Service.
The buyer will be refunded the postal costs of return no later than thirty days after receiving the product by the seller.
- Disclaimer of Liability
The seller's liability cannot be engaged in the event of non-performance or improper performance of the contract due either to the buyer, to a insurmountable and unforeseeable event from a third party, or to force majeure.
- CANCELLATION CLAUSE
The rescinding of the order in the cases provided for in these GTC will be delivered by registered letter with return receipt requested sent to the seller at the address indicated in article 1.1. of these GTC and will be acquired as of right without any legal formality.
- Right of withdrawal
- Suspension of the right of withdrawal
In accordance with Article L. 121-21-8 5° of the Consumer Code, the Buyer is duly informed that the right of withdrawal cannot be exercised for contracts concerning " " The supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection". ».
Pursuant to the above provisions, the purchaser may not exercise any right of withdrawal exclusively, when purchasing certain products such as brushes, combs or hair accessories when the latter has unsealed the packaging protecting these products for hygienic reasons.
- Conditions, time limits and procedures for exercising the right of withdrawal
Following the purchase of a product other than the one mentioned in article 13.1. above, the purchaser has the right to withdraw without giving any explanation.
The withdrawal period shall expire fourteen clear days after the day on which the purchaser or the third party designated by the latter, takes possession of the ordered product or of the last product ordered when ordering several products.
In order to exercise the right of withdrawal, the purchaser must communicate to the seller all of the following information:
- Its name, geographical address and, when available, its telephone number and e-mail address,
- and its decision to withdraw from the contract of sale by means of an un ambiguous statement (letter sent by mail or e-mail).
The buyer has the option of using the model of the withdrawal form put online by the seller on the site.
The buyer can also fill out and forward the model of the withdrawal form directly via the site. If the purchaser uses this option, the seller will promptly send an acknowledgement of withdrawal to a durable medium (e.g. by e-mail).
In order for the withdrawal period of 14 clear days to be respected, the purchaser needs to forward his/her communication on the exercise of the right of withdrawal before the deadline expires. In any case, the burden of proof of this exercise rests with the purchaser.
In the event of withdrawal from the contract, the seller shall refund all payments received from the purchaser, including the delivery costs (except for the additional costs arising from the fact that the purchaser has chosen, where appropriate, a delivery method other than the Less costly standard delivery mode proposed by the seller) without undue delay and, in any event, no later than fourteen clear days from the day on which the seller is informed of the decision to withdraw from the contract.
The seller will refund using the same means of payment as the one used in the original transaction. Subject to the express agreement of the purchaser, another means of payment may be used. In any case, the refund would not result in any charge for the purchaser.
It is recalled that the liability of the purchaser, in the event of withdrawal after use of the product (s), is engaged towards the depreciation of the product (s) resulting from manipulations other than those necessary to establish the nature, the characteristics and the proper functioning of these products.
In the event of a withdrawal by the purchaser, the buyer must return the product to the registered office of the seller whose address is indicated in article 1.1. of these terms and conditions without undue delay and in any case, no later than fourteen clear days after the purchaser has communicated to the seller his decision to withdraw from the contract. This time limit shall be deemed to be respected if the purchaser returns the products before the fourteen clear days period expires.
It is up to the purchaser to return the products under his/her liability, with a follow-up and registration with a declaration of the value of the product.
The purchaser will take charge of the direct costs related to the return of the product.
The seller may withhold the refund until the receipt of the order, or until the purchaser has provided proof of shipment of the products, whichever date is the first of the facts.
- Model withdrawal form
The model withdrawal form is located at the bottom of these GTC.
- Intellectual Property
All the elements of the site are and remain the intellectual and exclusive property of the seller. No one shall be permitted to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether it is software, visual or sound.
Any simple or hypertext link is strictly forbidden without an express written agreement from the seller.
- Personal data
The collection of personal data, their use for the processing and the establishment of customer files and their distribution to third parties responsible for the execution and payment of orders, is subject to the consent of the person concerned.
The processing of personal data, which is kept by the seller for the sole purpose of a good administration of orders and commercial relations, has been the subject of a declaration with the CNIL, French Data Protection Authority (Insert the number of the CNIL declaration).
The personal data collected may also be transmitted to companies that contribute to trade relations, such as those responsible for the execution of services and orders, for their management, execution, processing and payment.
This data is also kept for security purposes in order to comply with legal and regulatory obligations.
The purchaser has a right of access, modification, rectification and deletion of his/her personal data at any time.
- Settlement of disputes
All complaints must be addressed to the customer Service whose contact details are given in article 1.2. of these GTC.
The purchaser must indicate his/her contact details such as : last name, first name, address and references of the product (s) ordered in his/her declaration of claim, so that he/she can be contacted by the seller without undue delay.
The seller will ensure that the claims are processed within a period of 30 clear days after receipt.
If the claim cannot be resolved during this period, an acknowledgement of receipt must be sent to the purchaser with the indication of the time required for the seller to process the claim.
In the event of a dispute, the purchaser must first call the customer service's number indicated in article 1.2. of these terms and conditions from Tuesday to Friday except on holidays or non-working days, from 11:00 a.m. to 6:30 p.m., or send an email to the address indicated in article 1.2. of these GTC.
In the event of a failure of the claim from the customer service or in the absence of a reply from the latter within a period of 30 clear days following the day of the claim, the parties agree to use mediation in an attempt to find a solution and to have recourse to the courts only in case of mediation failure.
- APPLICABLE Law
These GTC are subject to French law.
In the event of a dispute, only the French courts will be considered competent.
Last update: 20/06/2017
Model withdrawal form
Please fill in and return this form (only if you wish to withdraw from the contract and if you have a right of withdrawal).
To the attention of GUEPES & PAPILLONS
12, Avenue Victor Hugo,
75116 – Paris France
E-mail address: camillerouvier@guepesetpapillons
Phone Number: 01.45.00.31.68
I hereby notify you of my decision to withdraw from the contract for the sale of the product (s) listed below:
- Reference of the product (s):
- Date of order: dd/mm/yyyy (or received on the dd/mm/yyyy)
- First and last name of the purchaser: (to be specified)
- Full address of the purchaser: (to be specified)
Possibly (only if this form is notified on paper)