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1. PREAMBLE
These General Conditions of Use and Sale (the “CGUV”) constitute the base of the contractual relationship between the customer and the company La Bobine à Pois, whose establishment is located 9 rue Notre Dame - 63610 Besse and St Anastaise , registered in the Clermont-Ferrand Chamber of Trades under number 489 787 226, whose intra-Community VAT number is the FR64 489 787 226 (hereinafter "la Bobine à Pois") and are systematically sent to each client to each client (hereinafter the "Customer") to allow him to order the products sold by the polka dot coil. The CGUVs are present on the website published by the Potted coil, namely:labobineapois.com (the "site"). The CGUVs are enforceable against the consumer who recognizes, by checking a box provided for this purpose, having been aware of them and having accepted them before ordering. CGUVs can be supplemented by stipulations of the special sales or order formal conditions. By accepting the CGUV, the Customer expressly renounces to take advantage of any possible general conditions of purchase.
The fact that la Bobine à Pois does not prevail at some point in any of the CGUVs cannot be interpreted as a waiver of prevailing itself from any of the said conditions. la Bobine à Poisreserves the right to modify its CGUV. They will then be applicable as soon as they put online on the site.
The nullity of a contractual clause does not lead to the nullity of the CGUV. The temporary or permanent incapplication of one or more CGUV clauses by la Bobine à Pois cannot be worth renunciation on its part of the other CGUV clauses which continue to have their effects.
The site is accessible to all users of the Internet in principle 24/24h, 7/7, except interruption, scheduled or not, by la Bobine à Pois or providers, for the needs of its maintenance and/or security or cases force majeure or update of the site. The pea coil cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the site.
La Bobine à Pois does not guarantee that the site will be free from anomalies, errors or bugs, or that the site will operate without failure or interruption. In this regard, in this regard, it can freely and its full discretion any period of unavailability of the site or its content. The polka dot coil can also not be held responsible for data transmission problems, connection or unavailability of the network.
2. Products and prices
The products are those sold by la Bobine à Pois on the site (“products”). The products are described in the most precise way possible and la Bobine à Poisundertakes to make its best efforts to provide an illustration photo for each product. A description will contain the dimensions of the product, the composition and its characteristics.
The photographs of the site are as faithful as possible, but cannot ensure perfect similarity with the products offered, which can notably present a variance of color.
La Bobine à Pois specializes in online sale of leather goods in plastic coated canvas and clothing. The pea coil offers 100% French craft manufacturing.
La Bobine à Pois is not responsible for the deterioration of a product whose customer use will not have been in accordance with its destination or contrary to the recommendations of La Bobine à Pois.
In order to maintain their quality and appearance, leather goods of La Bobine à Pois
- should never be immersed in water and more generally, should not be exposed to any liquid
- are not intended to be worn during the practice of manual or sporting activities.
Sale prices, in accordance with article L. 112-1 of the consumer code, are indicated, for each of the products appearing in the electronic catalog, in euros all taxes included, excluding delivery and transport costs mentioned before validation control and billed in addition.
The total amount due by the customer is indicated on the order confirmation page.
The sale price of the product is that in force on the day of the order.
The sale price of products does not include the shipping costs billed in addition to the price. Any tax, tax, customs right or other service to pay in application of French regulations or those of an importing country or a transit country are the responsibility of the customer.
La Bobine à Poisreserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in force on the day of the order.
The products are offered and delivered within the limits of available stocks.
3. Order, delivery and payment
The customer can choose the products he wishes to order by adding them to his basket via the online simulation. In order to order, the customer must identify on the site.
Prior identification
In order to place an order, such as this term is defined below, the customer must identify on the site by entering his email address, and his delivery contact details (name, first name, postal address and telephone number).
Procedure
After adding the desired products to its basket, and after identification, the customer has the choice to choose their delivery and payment method.
Delivery
Delivery means the transfer to the customer of physical possession or the control of the property.
Delivery is made in accordance with the order by delivery of the product to the customer to the postal address indicated by the latter as part of the order. The delivery methods can evolve depending on the order and will always be indicated, as well as the price relating to it, before the validation of the said order. The pea coil offers shipping costs in parcel relay from 100 euros purchase for metropolitan France.
The delivery and shipping times are indicated as exactly as possible on the product sheets but are based on the possibilities of supply, personalization, and transport of the pea coil or its carrier.
Order payment
The payment is due to the placing of the order. The order will be the subject of payment by bank card and by Paypal. The order price will be debited when ordering the products.
In the event of a defect in payment, the sale will be automatically terminated if good seems to La Bobine à Pois which may request, in summary proceedings, the return of the products, without prejudice to all other damages.
Before clicking on the "Confirm the order" button, the Customer has the possibility of checking the details of their order and its total price and returning to the previous pages to correct any errors or possibly modify their order.
Confirmation of the order leads to the acceptance of the CGUVs and forms the contract.
Acceptance of the offer by the customer is validated, in accordance with the click process, by confirmation of the order.
Any modification of order by the consumer after confirmation of his order is subject to acceptance of La Bobine à Pois.
La Bobine à Pois reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for customers with the quality of consumers.
Archiving of communications, purchase orders and invoices is made on a reliable and lasting support ofway to constitute A faithful and lasting copy in accordance with article 1360 of the Civil Code. These communications, purchase orders and invoices can be produced as proof of the contract.
The site has an online payment security system allowing the consumer to encrypt the transmission of their bank data via Shopify Payment.
La Bobine à Pois remains the owner of the products sold until full payment of the price and the customer is committed, as long as the property is not transferred to him, to take all the precautions useful for the proper conservation of the products.
An invoice will be established by the polka dot coil and communicated to the customer on the email address communicated when ordering.
Product ownership object object of the order
Product order is carried out via the site after the customer has been able to identify himself beforehand ("order"). Any order incorporates Acceptance of prices and descriptions of products objects of said order as well as CGUV.
La Bobine à Pois will send an email to confirm the order to the customer at the email address indicated. The polka dot coil reserves the right to block the order in the event that a problem such as a payment defect, an invalid email address or a difficulty is detected.
In the event of unavailability of a product object of the order, the polka dot coil will inform the customer by email.
In the event of unavailability of a product, the customer will have the choice either:
- to accept that the order is maintained. La Bobine à Pois will debit the agreed price and communicate an approximate delivery date to the customer. This delay in delivery will not give right to any compensation to the Customer; Or
- to cancel the order. The order will then be canceled and will be refunded by La Bobine à Pois.
4. Return of products
Refund
In accordance with the legal provisions in force, you have a period of fourteen (14) days from receipt of your products to exercise your right of withdrawal without having to justify reasons or pay penalty. After communication of your decision to exercise your right of withdrawal within this period of fourteen (14) days, you have another period of fourteen (14) days to return the product (s) concerned by the withdrawal.
During this period, the customer will be able to return the new, not worn and not open products, without having to justify reasons or pay a penalty.
The products must be returned intact and complete and must not have been worn.
All products may be withdrawn, except those excluded by article L. 221-28 of the Consumer Code, in particular personalized products.
The shipping costs to return the product are the responsibility of the customer. La Bobine à Poisagrees to reimburse the customer from all the sums which were paid to him upon receipt of the returned product and to the finding of the good quality of the latter. The refund will be made via the payment method used when ordering within 14 days of receipt of the return.
Particular case of a product error or in the event of a damaged product
In the event that the product delivered is not the right one (product error) or in the event of a defective product, or damaged, the customer can make any written reserve at the latest within three (3) calendar days following receipt of the package With the carrier and/or La Bobine à Pois directly on the site.
A refund or an exchange, if the product is always available, may be made within 14 days, for any product and for which the customer validly made reservations, within the period provided for in the previous clause.
Particular case of a non -compliant product
The Customer has the legal guarantee of compliance of 2 years such as provided by articles L. 217-1 and following of the Consumer Code. The non -compliant product will then be replaced or repair according to the cost terms provided for by the consumer code.
The legal compliance guarantee applies independently of the maybe commercial guarantee granted.
So the customer:
(i) benefits from a period of two (2) years from the delivery of the product to act in default of product compliance
(ii) is exempt from reporting proof of the lack of conformity of the property during the six (6) months following the delivery of the product,
(III) can choose between the repair or replacement of the product, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code.
In addition, the Customer can also implement the legal guarantee under the hidden defects of the thing sold, within the meaning of articles 1641 and following of the Civil Code. The legal guarantee of hidden defects allows the customer within two years from the discovery of the defect, the reimbursement of a product which has proven to be unfit for its use.
The guarantee of hidden defects allows the customer to be protected against the hidden defects of the product purchased and which prevent the use or affecting it to the point that the customer would not have bought it.
The Customer then has the choice between two options: keeping the product and requesting a price reduction, or making the product and requesting the refund of the price paid, in accordance with article 1644 of the Civil Code.
In order to implement these guarantees, the product must be returned, its original state, new, with the references of the initial order and copy of the complaint to the head office of the pea coil, after sending a email signaling the reason for the return of the product.
The following legal provisions are recalled:
Art. L217-4 of the Consumer Code : “The seller delivers a good in accordance with the contract and responds to existing compliance faults during issuance. He also responds to compliance defects resulting from packaging, assembly instructions or installation when it has been charged by the contract or was carried out under his responsibility. »»
Art. L217-5 of the Consumer Code : "The property is in accordance with the contract: 1 ° if it is specific to the usually expected use of a similar property and, if applicable (a) if it corresponds to the description given by the seller and has the qualities that The latter presented to the buyer in the form of a sample or model; (b) if he presents the qualities that a buyer may legitimately wait for public declarations made by the seller, by the producer or by his representative, especially in advertising or labeling; 2 ° or if it presents the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the buyer, brought to the attention of the seller and which the latter accepted. »»
Art. L217-7 of the Consumer Code : "The defects of conformity which appear within twenty-four months from the issuance of the property are presumed to exist at the time of deliverance, unless proven otherwise. For second -hand goods sold, this period is set at six months. The seller can fight this presumption if it is not compatible with the nature of the property or the lack of conformity invoked. »»
Art. L217-8 of the Consumer Code : “The buyer is entitled to demand the conformity of the property from the contract. However, he cannot contest the conformity by invoking a defect which he knew or could not ignore when he contracted. The same is true when the defect has its origin in the materials which he himself provided. »»
Art. L217-9 of the Consumer Code : “In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the property. However, the seller may not proceed according to the choice of the buyer if this choice results in a manifestly disproportionate cost with regard to the other modality, taking into account the value of the property or the importance of the defect. It is then required to proceed, except impossibility, according to the modality not chosen by the buyer. »»
Art. L217-10 of the Consumer Code : "If the repair and replacement of the property are impossible, the buyer can make the property and be returned the price or keep the property and have part of the price. The same faculty is open to it: 1 ° if the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month of the buyer's claim; 2 ° or if this solution cannot be without major inconvenience for it given the nature of the property and the use it seeks. The resolution of the sale cannot however be pronounced if the lack of conformity is minor. »»
Art. L217-11 of the Consumer Code : “The application of the provisions of articles L.217-9 and L. 217-10 takes place at no cost for the buyer. These same provisions do not preclude damages allocation. »»
Art. L217-12 of the Consumer Code : “The action resulting from the lack of conformity is prescribed by two years from the issuance of the property. »»
Art. L217-13 of the Consumer Code : "The provisions of this section do not deprive the buyer of the right to exercise the action resulting from the crumbling defects as it results from articles 1641 to 1649 of the Civil Code or any other action of contractual or extra -contractual nature which is recognized by law. »»
Art. 1641 of the Civil Code : "The seller is held from the guarantee due to the hidden defects of the thing sold which make it unfit for the use to which it is intended, or which decreases this use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them. »»
Art.1642 of the Civil Code : “The seller is not held apparent vices and of which the buyer was able to convince himself. »»
Art. 1643 of the Civil Code : "It is held hidden vices, anyway he would not have known them, unless, in this case, he has stipulated that he will not be obliged to any guarantee. »»
Art. 1644 of the Civil Code : “In the case of articles 1641 and 1643, the buyer has the choice to make it and to be returned the price, or to keep it and have part of the price. »»
Art. 1646 of the Civil Code : "If the seller was unaware of the defects of the thing, it will only be required to return the price, and to reimburse the purchaser the costs caused by the sale. »»
Art. 1648 of the Civil Code : “The action resulting from the crumbling defects must be brought by the buyer within two years from the discovery of the vice. (…) "
5. Personal data and opposition list of Telephonic Demacking
La Bobine à Pois understands that data and privacy protection is an issue for all Internet users visiting the site. La Bobine à Pois is committed, in accordance with the RGPD regulations, to respect your privacy and to protect your personal data, that is to say likely to identify you directly or indirectly as a person. To find out more, we invite you to read ourPrivacy Policy concerning respect for privacy.
As part of the order, La Bobine à Pois is intended to collect personal data from the customer. La Bobine à Pois undertakes to protect the personal data of customers.
The files with personal data necessary for the order are notably kept on the servers of the host O2 Switch. This service provider ensures that it is in accordance with the prescriptions of the General Data Protection Regulations (GDPR). La Bobine à Pois does not communicate and does not trade in personal data from customers.
At the order stadium on the site, the Customer expressly agrees with the collection and processing of his personal data necessary to carry out orders.
The purpose of the personal data collected by La Bobine à Pois is to allow the order to be completed. The different personal data will not be kept longer than necessary for the purposes for which they have been collected, including with regard to compliance with legal or tax obligations.
In accordance with the provisions of law n ° 78-17 of January 6, 1978, as modified by law n ° 2004-801 of August 6, 2004 called "Data Protection", and to the General Data Protection Regulations (RGPD) , subject to justifying your identity, any customer, whatever their nationality, has a right of access, modification and deletion of their personal data. Each client is also entitled to request a limitation of processing their data and also has a right to data portability as well as a right to oppose the processing of personal data concerning them.
For the purposes of application of this clause and, in particular, to ensure the confidentiality processing of customer data, La Bobine à Poishas appointed, in accordance with the provisions of the General Data Protection Regulations (RGPD), a delegate to data protection, that it is possible to contact at the following address:dpo@labobineapois.com.
In any event, any customer has the right to make any complaint with the CNIL.
You can register for free on a list of opposition to Bloctel telephone canvassing (www.bloctel.gouv.fr) in order to no longer be seated telephone by a professional with whom you do not have a contractual relationship in progress, in accordance with law n ° 2014-344 of March 17, 2014 relating to consumption.
Any consumer has the possibility of registering for free on this list on the site https://conso.bloctel.fr/index.php/inscription.php.
6. Responsibility
The responsibility of La Bobine à Pois cannot be engaged in the event of non -performance or poor execution of the contract due, either to the fact of the customer, or to the insurmountable and unpredictable fact of a third party to the contract, or to force majeure.
La Bobine à Pois cannot be held responsible for damage caused by a misuse of one of its products or by non-compliance with the precautions for use and health and safety conditions when using one of its products .
7. Competence - Contestation
All the contractual provisions defined above are governed by French law. All disputes relating to the CGUV is the responsibility of the jurisdictions of the defendant's home or, at the choice of the applicant, the place of delivery of the ordered product.
It is also recalled that any consumer has the right to use a consumption mediator for free for the amicable resolution of the dispute between it to a professional. To this end, the polka dot coil guarantees the customer the effective appeal to a mediation system for consumption.
It is also recalled that any consumer has the right to use a consumption mediator for free for the amicable resolution of the dispute between it to a professional. To this end, La Bobine à Pois guarantees the customer the effective appeal to a mediation system for consumption.
Mediation of consumer disputes: In accordance with the provisions of the Consumer Code concerning the amicable dispute settlement, La Bobine à Poisa adheres to the service of the mediator of e -commerce cabinet Medycis whose contact details are as follows: 73 boulevard de Clichy - 75009 Paris -https://medicys-consommation.fr/
You can use the mediation service for consumption disputes linked to an order placed on the Internet.
To find out the mediator's referral methods:mediateur@labobineapois.com.
It is finally recalled that mediation is not compulsory but only proposed in order to resolve disputes by avoiding the use of justice.
The customer can also come into contact with the dispute resolution platform posted by the European Commission at the following address:http://ec.europa.eu/consumers/odr/.
RETURN POLICY
In accordance with the legal provisions in force, you have a period of fourteen (14) days from receipt of your products to exercise your right of withdrawal without having to justify reasons or pay penalty. After communication of your decision to exercise your right of withdrawal within this period of fourteen (14) days, you have another period of fourteen (14) days to return the product (s) concerned by the withdrawal.
During this period, the customer will be able to return the new, not worn and not open products, without having to justify reasons or pay a penalty.
All products may be withdrawn, except those excluded by article L. 221-28 of the Consumer Code, in particular personalized products.
The shipping costs to return the product are the responsibility of the customer. The polka dot coil agrees to reimburse the customer from all the sums which were paid to him upon receipt of the returned product and to the finding of the good quality of the latter. The refund will be made via the payment method used when ordering.
The customer must assert his right of withdrawal:
- either by duly filling out the withdrawal form proposed below and returning it by post to the seat of La Bobine à Pois;
- either by contacting customer service by email tocontact@labobineapois.com
Returns will only be accepted if the product return procedure is respected by the customer.
Withdrawal form
La Bobine à Pois - Return service
9 rue Notre Dame - 63610 Besse and Saint Anastaise
I notify you by this, my withdrawal of the contract relating to the sale of the product (s) below mentioned:
Ordered:
Received:
Order number :
Client name :
Customer address:
Client's signature :
Date :