1. PREAMBLE
These general terms and conditions of use and sale (the "GTC") constitute the basis of the contractual relationship between the customer and the company La Bobine à Pois, whose establishment is located at 9 rue Notre Dame - 63610 Besse et St Anastaise, registered with the Chamber of Trades of Clermont-Ferrand under number 489 787 226, whose intra-community VAT number is FR64 489 787 226 (hereinafter "La Bobine à Pois") and are systematically sent or given to each customer (hereinafter the "Customer") to allow them to place an order for the products sold by La Bobine à Pois. The GTC are present on the website published by La Bobine à Pois, namely: labobineapois.com (the "Site"). The T&Cs are binding on the consumer who acknowledges, by checking a box provided for this purpose, having read and accepted them before placing an order. The T&Cs may be supplemented by provisions of the special conditions of sale or purchase orders. By accepting the T&Cs, the Customer expressly waives the right to rely on any possible general conditions of purchase.
The fact that La Bobine à Pois does not assert any of the T&Cs at any given time cannot be interpreted as a waiver of the right to assert any of the said conditions at a later date. La Bobine à Pois reserves the right to modify its T&Cs. They will then be applicable as soon as they are posted online on the Site.
The invalidity of a contractual clause does not entail the invalidity of the T&Cs. The temporary or permanent non-application of one or more clauses of the T&Cs by La Bobine à Pois cannot be considered a waiver on its part of the other clauses of the T&Cs which continue to produce their effects.
The Site is accessible to all users of the Internet network in principle 24/24h, 7/7d, except interruption, scheduled or not, by La Bobine à Pois or its service providers, for the needs of its maintenance and/or security or in cases of force majeure or updating of the Site. La Bobine à Pois cannot be held responsible for any damage, whatever its nature, resulting from unavailability of the Site.
La Bobine à Pois does not guarantee that the Site will be free of anomalies, errors or bugs, nor that the Site will operate without breakdown or interruption. In this regard, it may freely determine at its sole discretion any period of unavailability of the Site or its content. La Bobine à Pois cannot be held responsible for data transmission problems, connection problems or network unavailability.
2. PRODUCTS AND PRICES
The products are those sold by La Bobine à Pois on the Site (the “Products”). The Products are described as accurately as possible and La Bobine à Pois undertakes to make its best efforts to provide an illustrative photo for each Product. A description will contain the dimensions of the Product, the composition and its characteristics.
The photographs on the site are as faithful as possible, but cannot ensure perfect similarity with the products offered, which may in particular present a color variance.
La Bobine à Pois specializes in the online sale of leather goods made of plastic coated canvas and clothing. La Bobine à Pois offers 100% French artisanal manufacturing.
La Bobine à Pois is not responsible for the deterioration of a Product whose use by the Customer has not been in accordance with its intended purpose or contrary to the recommendations of La Bobine à Pois.
In order to maintain their quality and appearance, Bobine à Pois leather goods products:
- should never be immersed in water and more generally, should not be exposed to any liquid
- are not intended to be worn during manual or sporting activities.
The sales prices, in accordance with Article L. 112-1 of the Consumer Code, are indicated, for each of the products appearing in the electronic catalogue, in euros including all taxes, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition.
The total amount owed by the Customer is indicated on the order confirmation page.
The sale price of the product is that in effect on the day of the order.
The sale price of the products does not include shipping costs charged in addition to the price. Any tax, duty, customs duty or other service to be paid in application of French regulations or those of an importing country or a transit country are the responsibility of the Customer.
La Bobine à Pois reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in effect on the day of the order.
Products are offered and delivered within the limits of available stocks.
3. ORDER, DELIVERY AND PAYMENT
The Customer may 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 himself on the Site.
Prior identification
In order to place an Order, as this term is defined below, the Customer must identify himself on the Site by providing his email address and his delivery details (last name, first name, postal address and telephone number).
Procedure
After adding the desired Products to their basket, and after identification, the Customer has the choice of choosing their delivery and payment method.
Delivery
Delivery means the transfer to the Customer of physical possession or control of the goods.
Delivery is made in accordance with the Order by handing over the Product to the Customer at the postal address indicated by the latter as part of the Order. The terms of delivery may change depending on the Order and will always be indicated, as well as the related price, before validation of said Order. La Bobine a Pois offers free shipping to a parcel relay point from 100 euros including tax of purchase for Metropolitan France.
Delivery and shipping times are indicated as accurately as possible on the product sheets but are subject to the supply, customization and transport possibilities of La Bobine à Pois or its carrier.
Payment of the Order
Payment is due upon placing the Order. The Order will be paid for by credit card and Paypal. The price of the Order will be debited when the Products are ordered.
In the event of non-payment, the sale will be terminated automatically if La Bobine à Pois sees fit, which may request, in summary proceedings, the return of the Products, without prejudice to any other damages.
Before clicking on the “Confirm order” button, the Customer has the possibility to check the details of his order and its total price and to return to the previous pages to correct any errors or possibly modify his order.
Confirmation of the Order entails acceptance of the T&Cs and forms the contract.
The acceptance of the offer by the Customer is validated, in accordance with the click process, by confirmation of the Order.
Any modification of the order by the consumer after confirmation of the order is subject to acceptance by La Bobine à Pois.
La Bobine à Pois reserves the right to refuse any order for legitimate reasons and in particular if the quantities of products ordered are abnormally high for customers with consumer status.
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 1360 of the Civil Code. These communications, purchase orders and invoices may be produced as proof of the contract.
The site has an online payment security system allowing the consumer to encrypt the transmission of their banking data via PAYGREEN.
La Bobine à Pois remains the owner of the products sold until full payment of the price and the Customer undertakes, until ownership is transferred to him, to take all necessary precautions for the proper conservation of the products.
An invoice will be established by La Bobine à Pois and communicated to the Customer at the email address provided when placing the Order.
Ownership of the products subject to the Order
The order for the Products is made via the Site after the Customer has been able to identify himself beforehand (the “Order”). Any Order constitutes acceptance of the prices and descriptions of the products subject to said Order as well as the T&Cs.
La Bobine à Pois will send an email confirming the Order to the Customer at the email address provided. La Bobine à Pois reserves the right to block the Order in the event that a problem such as non-payment, an invalid email address or a difficulty is detected.
In the event of unavailability of a Product subject to the Order, La Bobine à Pois 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 entitle the Customer to any compensation; or
- to cancel the Order. The Order will then be cancelled and will be subject to a refund 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 provide reasons or pay a penalty. After communicating 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 may return new, unworn and unopened Products, without having to provide reasons or pay a penalty.
The Products must be returned intact and complete and must not have been worn.
All Products may be subject to withdrawal, except those excluded by Article L. 221-28 of the Consumer Code, in particular personalized products.
The shipping costs for returning the Product are the responsibility of the Customer. La Bobine à Pois undertakes to reimburse the Customer for the full amount paid to it upon receipt of the returned Product and upon confirmation of its good quality. The refund will be made via the payment method used when placing the Order within 14 days of receipt of the return.
Special case of a Product error or in the event of a damaged Product
In the event that the Product delivered is not the correct one (Product error) or in the event of a defective or damaged Product, the Customer may make any written reservation no later than three (3) calendar days following receipt of the package from the carrier and/or La Bobine à Pois directly on the Site.
A refund or exchange, if the Product is still available, may be made within 14 days, for any Product for which the Customer has validly made reservations, within the period provided for in the previous clause.
Special case of a non-compliant Product
The Customer has the legal guarantee of conformity for a period of 2 years as provided for in Articles L. 217-1 et seq. of the Consumer Code. The non-compliant Product will then be replaced or repaired according to the cost terms provided for by the Consumer Code.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
Thus the Client:
(i) benefits from a period of two (2) years from delivery of the Product to take action in the event of a lack of conformity of the Product
(ii) is exempt from providing proof of the existence of the lack of conformity of the goods during the six (6) months following delivery of the Product,
(iii) may choose between 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 may also implement the legal guarantee for hidden defects in the item sold, within the meaning of Articles 1641 et seq. of the Civil Code. The legal guarantee for hidden defects allows the Customer, within two years from the discovery of the defect, the reimbursement of a Product that has proven to be unfit for its use.
The warranty against hidden defects allows the Customer to be protected against hidden defects in the Product purchased which prevent its use or affect it to such an extent that the Customer would not have purchased it.
The Customer then has the choice between two options: keep the Product and request a price reduction, or return the Product and request a 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 in its original condition, new, with the references of the initial Order and a copy of the complaint to the head office of La Bobine à Pois, after sending an email indicating the reason for the return of the Product.
The following legal provisions are recalled:
Art. L217-4 of the Consumer Code : "The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed at his expense by the contract or has been carried out under his responsibility."
Art. L217-5 of the Consumer Code : "The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where 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 it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. "
Art. L217-7 of the Consumer Code : “Lack of conformity that appears within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.”
Art. L217-8 of the Consumer Code : "The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest conformity by invoking a defect that he knew about or could not ignore when he contracted. The same applies when the defect originates in the materials that he himself supplied."
Art. L217-9 of the Consumer Code : "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 method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer."
Art. L217-10 of the Consumer Code : "If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed upon in application of Article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer taking into account the nature of the goods and the use he seeks. However, the sale cannot be cancelled 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 without any cost to the buyer. These same provisions do not prevent the allocation of damages.”
Art. L217-12 of the Consumer Code : “The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”
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 latent defects as it results from articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognized by law.”
Art. 1641 of the Civil Code : "The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."
Art. 1642 of the Civil Code : “The seller is not liable for apparent defects of which the buyer has been able to convince himself.”
Art. 1643 of the Civil Code : “He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.”
Art. 1644 of the Civil Code : “In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded.”
Art. 1646 of the Civil Code : “If the seller was unaware of the defects in the item, he will only be required to return the price and reimburse the purchaser for the costs incurred by the sale.”
Art. 1648 of the Civil Code : “The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. (…)”
5. PERSONAL DATA AND OPPOSITION LIST FOR TELEPHONE CANVASING
La Bobine à Pois understands that data protection and privacy are an issue for all Internet users visiting the Site. La Bobine à Pois undertakes, in accordance with GDPR regulations, to respect your privacy and protect your personal data, i.e. data that may identify you directly or indirectly as a person. To learn more, we invite you to read our Privacy Policy regarding 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.
Files containing personal data necessary for the Order are stored on the servers of the host O2 Switch. This service provider ensures that it complies with the requirements of the General Data Protection Regulation (GDPR). La Bobine à Pois does not communicate or trade in Customers' personal data.
At the Order stage on the Site, the Customer expressly consents to the collection and processing of his personal data necessary to carry out the Orders.
The personal data collected by La Bobine à Pois is intended to enable the Order to be completed. The various personal data will not be kept longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or tax obligations.
In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004 known as "Informatique et Libertés", and the General Data Protection Regulation (GDPR), subject to proof of your identity, any Customer, regardless of their nationality, has a right to access, modify and delete their personal data. Each Customer is also entitled to request a limitation of the processing of their data and also has a right to data portability as well as a right to object to the processing of personal data concerning them.
For the purposes of applying this clause and, in particular, to ensure the confidential processing of Customer data, La Bobine à Pois has appointed, in accordance with the provisions of the General Data Protection Regulation (GDPR), a data protection officer, who can be contacted at the following address: dpo@labobineapois.com .
In any event, any Customer has the right to make any complaint to the CNIL.
You have the possibility to register for free on a BLOCTEL telephone canvassing opt-out list ( www.bloctel.gouv.fr ) in order to no longer be telephone canvassed by a professional with whom you do not have an ongoing contractual relationship, in accordance with law n°2014-344 of March 17, 2014 relating to consumption.
Any consumer has the possibility to register for free on this list on the site https://conso.bloctel.fr/index.php/inscription.php.
6. RESPONSIBILITY
La Bobine à Pois cannot be held liable in the event of non-performance or poor performance of the contract due either to the actions of the Customer, or to the insurmountable and unforeseeable actions of a third party to the contract, or to force majeure.
La Bobine à Pois cannot be held responsible for damage caused by misuse of one of its Products or by failure to comply with the precautions for use and hygiene and safety conditions when using one of its Products.
7. JURISDICTION – DISPUTE
All contractual provisions defined above are governed by French law. Any disputes relating to the T&Cs fall under the jurisdiction of the courts of the defendant's domicile or, at the plaintiff's choice, the place of delivery of the Product ordered.
It is also recalled that any consumer has the right to use a consumer mediator free of charge with a view to the amicable resolution of the dispute between them and a professional. To this end, La Bobine à Pois guarantees the Customer effective recourse to a consumer mediation system.
It is also recalled that any consumer has the right to use a consumer mediator free of charge with a view to the amicable resolution of the dispute between them and a professional. To this end, La Bobine à Pois guarantees the Customer effective recourse to a consumer mediation system.
Mediation of consumer disputes: In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, La Bobine à Pois adheres to the e-commerce Mediator Service of the MEDYCIS firm, whose contact details are as follows: 73 boulevard de Clichy - 75009 Paris – https://medicys-consommation.fr/
You can use the mediation service for consumer disputes relating to an order placed on the internet.
To find out how to contact the mediator: mediateur@labobineapois.com .
Finally, it is recalled that mediation is not obligatory but only proposed in order to resolve disputes while avoiding recourse to justice.
The Customer may also contact the dispute resolution platform set up online 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 provide reasons or pay a penalty. After communicating 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 may return new, unworn and unopened Products, without having to provide reasons or pay a penalty.
All Products may be subject to withdrawal, except those excluded by Article L. 221-28 of the Consumer Code, in particular personalized products.
The shipping costs for returning the Product are the responsibility of the Customer. La Bobine à Pois undertakes to reimburse the Customer for the full amount paid to it upon receipt of the returned Product and upon confirmation of its good quality. The reimbursement will be made via the payment method used when placing the Order.
The Customer must exercise his right of withdrawal:
- either by duly completing the withdrawal form provided below and returning it by post to the headquarters of La Bobine à Pois;
- either by contacting customer service by email at contact@labobineapois.com
Returns will only be accepted if the product return procedure is followed by the Customer.
WITHDRAWAL FORM
The Polka Dot Bobbin – return service
9 rue Notre Dame - 63610 BESSE ET SAINT ANASTAISE
I hereby notify you of my withdrawal from the contract for the sale of the product(s) mentioned below:
Ordered on:
Received on:
Order number:
Customer Name:
Customer address:
Customer Signature:
Date :