GENERAL TERMS AND CONDITIONS OF E-COMMERCE SALE
Before placing your order…
Each creation is designed, cut, and personalized in my workshop in Moselle.
We invite you to carefully read these general terms and conditions of sale for the site, the acceptance and compliance of which are necessary in order for you to be able to use the features offered to you.
These General Terms and Conditions of Sale are concluded between, on the one hand, the company Créationsdelodie, registered in the Trade Register under Siret: 94769406300019, whose registered office is located in France, at 6 Rue Claude Seiter 57570 Beyren-les-sierck, publisher of the website creationsdelodie.com and hereinafter referred to as “Créationsdelodie”
Élodie’s Creations offers handcrafted, personalized decorative items and accessories for sale.
Products sold include, but are not limited to:
Each product is presented online with a detailed description.
While the photographs are as accurate as possible, they are not contractual.
As the creations are handcrafted and/or personalized, slight variations may occur from one item to another.
These General Terms and Conditions of Sale (hereinafter “GTC”) set out the rules applicable to the use of the site which you agree to respect by accepting them as a customer (hereinafter “Customer”).
As a consumer, you have the option to register for free on the – telephone marketing opt-out list BLOCTEL in order to no longer be contacted by telephone by a professional with whom you do not have a current contractual relationship, in accordance with law n°2014-344 of 17 March 2014 relating to consumption, on the website https://conso.bloctel.fr/index.php/inscription.php.
First, it should be clarified that, in accordance with the provisions of the preliminary article of the Consumer Code, the following definitions apply:
With regard to non-professionals and professionals, these General Terms and Conditions of Sale constitute, according to article L.441-1 of the Commercial Code, the sole basis of the commercial relationship.
The purpose of these General Terms and Conditions of Sale is to define the conditions under which the company Créationsdelodie (hereinafter “the Seller”) provides products and services to consumers, professional clients and non-professional clients (hereinafter “the Client”).
The main features of the products and services are presented on the Seller’s website. Any photographs and/or graphics used to present the products and/or services have no contractual value and are used solely for illustrative purposes and cannot be construed as binding on the Seller.
The Customer is required to read this before placing any order. The choice and purchase of a product and/or service is the sole responsibility of the Customer.
These General Terms and Conditions are systematically communicated to every Customer prior to the conclusion of the contract for the supply of products and/or services and shall prevail, where applicable, over any other version or any other contradictory document.
The Customer declares having read and accepted these General Terms and Conditions of Sale before concluding the contract. Validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
These General Terms and Conditions of Sale may be subject to subsequent modifications; the version applicable to the Customer’s purchase is the one in force on the day the contract is concluded.
In order to access the site, the Client must have the appropriate equipment, namely:
Access to the site is free.
The costs of accessing and using the telecommunications network, such as the costs related to the use of remote communication technology, remain the responsibility of the Client, according to the terms and conditions set by their access provider and telephone operator.
The Customer is invited to select the products and/or services they wish to purchase.
The selected products and/or services can be viewed by the Customer directly in the easily identifiable shopping cart.
The Customer has the opportunity to check the details of their order, its price and to correct any errors before confirming their acceptance.
It is the Client’s responsibility to verify the accuracy of the order and to report or correct any errors found immediately.
The order is registered on the website when the Customer accepts the Terms and Conditions and validates their order. This validation implies acceptance of all of these Terms and Conditions.
The sale will only be final after the Customer receives an order confirmation email entitled “Order Confirmation”. The customer is asked to provide a valid email address.
The data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer, in accordance with the provisions of Article 1366 of the Civil Code.
Once the information has been verified and before payment of the order, the Customer may, if they wish, create an account, but this is not mandatory to place the order.
To create your “Customer” account, you need to consult the registration form and fill in the requested personal or professional data, including: email address.
Information that must be completed will be indicated by an asterisk *.
The necessary information regarding the reason, framework, and security of Customer data that the Seller ensures can be found in the document “Data Privacy Policy“.
In this regard, the Client undertakes to provide up-to-date and accurate information, which can be modified later in the “Client” area.
Access to the “Customer” account will therefore be possible via an identifier which is the email address. Next, the Client receives a unique verification code at the email address provided, allowing them to log in.
The Customer may at any time decide to delete their “Customer” account by contacting the Seller by email.
Any changes to orders can only be taken into account by the Seller by sending an email to the Seller within 1 hour of receiving the order confirmation email.
The Client will receive confirmation of the change by email.
If you do not receive this email, it means that the order modification has not been validated by the Seller. There is no need to repeat the process.
It should be noted that the Seller is not obliged to accept a request to modify an order.
3.3. Order cancellation
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer may cancel their order in the following cases:
Either in the event of exercising their right of withdrawal when this is possible;
Either in the event of force majeure as defined in these Terms and Conditions;
The products and/or services are provided at the prices in effect on the website at the time the order is placed.
Prices are expressed in Euros, excluding taxes (or “HT”).
The prices of products and/or services do not take into account any discounts or promotions.
Discounts and/or promotions will appear on the order summary before order confirmation.
Prices do not include delivery charges, which will also appear separately in the order summary.
The price of the order is payable in full, in cash, on the day the order is placed by the Customer, according to the following terms:
Payment by bank card is irrevocable except in the event of fraudulent use of the Customer’s card. In this case, the Seller invites the Customer to contact their bank to request cancellation of the payment.
The Seller uses a payment provider and refers the Customer to its own Terms and Conditions of Use.
Physical products ordered by the Customer will be delivered in metropolitan France (and possibly in the following countries: …) within a variable timeframe depending on the delivery address, from the date of dispatch of the order.
For more information, the Customer is invited to read the delivery conditions available at this address: https://creationsdelodie.com/en/delivery/
Except in special cases or if one or more products are unavailable, they will be delivered all at once.
Delivery can be made to the customer’s home: either directly into the customer’s hands or into the customer’s mailbox when it is large enough.
If the Customer is not at home and the mailbox is too small, a delivery notice will be left in their mailbox allowing them to collect the product within a period indicated on the delivery notice.
The Seller undertakes to make the best efforts to deliver the products ordered by the Customer, but the delivery is carried out by a third-party customer, over whom the Seller has no influence.
Therefore, the delivery times are provided for informational purposes only and the Seller cannot be held responsible for any delivery delays.
For consumer Clients, if the ordered products have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Client’s own actions, the sale may be cancelled at the Client’s written request under the conditions provided for in Articles L.216-2, L.216-3 and L.241-4 of the Consumer Code. The sums paid by the Client will be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.
In the event of non-conformity of the delivered product, the Seller undertakes to remedy the situation or to reimburse the Customer, as indicated in these Terms and Conditions.
The Seller assumes the risks of transport and is required to reimburse the consumer Client in case of damage caused during transport.
Any applicable delivery charges will be shown on the order summary before validation.
Upon receiving the delivery, the Customer is asked to check their order.
Ownership of the physical products will only transfer to the Customer upon delivery of said products.
Regardless of the date of transfer of ownership of the products, the transfer of the risks of loss and deterioration relating thereto shall only take place when the Customer takes physical possession of the products. The products therefore travel at the Seller’s own risk.
In accordance with the provisions of Articles L.221-18 et seq. of the Consumer Code, the Customer has a period of fourteen (14) days from receipt of the physical product to exercise his right of withdrawal with the Seller, without having to justify his decision or bear any penalties.
The Customer must notify their decision to withdraw within this period by means of an email sent to contact@creationsdelodie.com, reason RETURN or by any unambiguous statement expressing their wish to withdraw. The Seller will promptly send an acknowledgement of receipt on a durable medium.
The Customer then has a period of fourteen (14) days from the communication of his decision to return the products concerned, at his own expense, in their original condition and complete (packaging, accessories, instructions…), accompanied by the purchase invoice. Only products returned in perfect condition for resale will be accepted. Damaged, incomplete, or soiled products will not be accepted or refunded.
In the event of exercising the right of withdrawal under the aforementioned conditions, the Seller shall reimburse the Customer for all sums paid for the returned products, including the initial delivery costs (excluding return costs), within fourteen (14) days of notification of the decision to withdraw. This refund may be deferred until the products are effectively recovered or until the Customer provides proof of their reshipment, whichever occurs first.
8.2. Exclusions from the right of withdrawal
In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised, in particular, for contracts relating to the supply of goods made to the Customer’s specifications or clearly personalized (personalised products, products with first names, surname, date, etc.).
The physical products sold on the site comply with the regulations in force in France and have performance levels compatible with non-professional uses.
The physical products supplied by the Seller are automatically covered, without additional payment and independently of the right of withdrawal, in accordance with legal provisions:
under the conditions and according to the terms referred to in the box below and defined in the appendix to these General Terms and Conditions of Sale (Guarantee of Conformity / Guarantee against Hidden Defects).
It is recalled that under the legal guarantee of conformity, the Customer has a period of two years from the delivery of the goods to take action against the Seller; the Customer may choose between repair or replacement of the ordered product, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code; the Customer is exempt from providing proof of the existence of the lack of conformity of the product during the twenty-four months following delivery of the product.
The legal guarantee of conformity applies independently of any commercial guarantee that may cover the product. The Customer may decide to implement the warranty against hidden defects of the product in accordance with Article 1641 of the Civil Code; in this case, he may choose between the termination of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the products within a maximum period of two (2) years from the delivery of the Products or the discovery of the hidden defects within the periods referred to above and return or bring back to store the defective products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller will refund, replace or repair products or parts under warranty deemed non-compliant or defective.
Shipping costs will be refunded based on the invoiced rate and return costs will be refunded upon presentation of proof of payment.
Refunds for products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days of the Seller’s confirmation of the non-compliance or hidden defect.
The refund will be made by credit to the Client’s bank account or by bank check sent to the Client.
The Seller shall not be held liable in the following cases:
The Seller’s warranty is, in any event, limited to the replacement or refund of non-conforming or defective products.
These General Terms and Conditions may be terminated automatically by either Party in the event of non-performance by the other Party of one or more of its obligations.
In this case, the Party believing that its co-contractor is failing to fulfill one or more of its obligations shall notify the other Party of its intention to terminate the contract early, indicating the nature of the breach it alleges, by registered letter with acknowledgment of receipt.
The termination will only become effective after a period of thirty (30) days following this notification, unless within this period the Party being formally notified has fulfilled its contractual obligation(s) as provided for in the terms and conditions of the General Terms and Conditions.
The exercise of this right of termination will not exempt the Party that has been formally notified to comply with the General Terms and Conditions from fulfilling the obligations contracted up to the effective date of the termination, without prejudice to any damages that it may have to pay to the other Party, which is bearing the burden of the non-performance of the contractual obligation.
Early termination will be notified by a new registered letter with acknowledgment of receipt and will take effect from the date of its first presentation, the postmark being proof.
This termination will take place automatically and without the need for judicial intervention.
The Seller may terminate the contract at any time in the event of non-payment by the Customer.
The Seller holds an insurance policy guaranteeing the financial consequences of its civil and tortious liability.
It should be remembered that the Seller is subject to an obligation of means.
The Seller’s liability shall only be incurred in the event of proven fault or negligence and shall be limited to direct damages, excluding any indirect damages of any kind.
The Seller shall not be held liable in the event of misuse, negligence or lack of maintenance by the Customer, nor in the event of normal wear and tear of the product or force majeure.
In any event, the amount of damages may not exceed the price of the product and/or service.
All elements that make up the site, and in particular trademarks, logos, texts, data, designs, graphics, photos, animations, sounds, computer code, layouts, assemblies of all or part of an element of the site, are and remain the property of the Seller or its successors in title.
Reproduction of all or part of this site or its constituent elements on any medium whatsoever is strictly prohibited, except with the express prior authorization of the Seller. Reproduction is permitted only for informational purposes and for personal, private use. In general, any reproduction must imperatively mention the name of its author.
All site content (images, texts, databases, etc.) is subject to current French and international legislation regarding intellectual property (copyright, trademark law, database rights, etc.).
If the Customer notices that any elements published on the site infringe copyright or other protected rights, please contact the Seller at the email address contact@creationdelodie.com.
Furthermore, it is recalled that in accordance with Article L.342-1 of the Intellectual Property Code, downloading all or a quantitatively substantial part of this database by the use of robots or any other automatic extraction process is strictly prohibited.
When the Client acts as a consumer, the license granted is non-exclusive, non-transferable, strictly limited to personal and private use including publication on their social networks, prohibited for any commercial or professional purpose.
Any reproduction, distribution, adaptation or reuse of the Content outside of this framework is prohibited without the prior written consent of the Seller.
When the Client acts in a professional or non-professional capacity, a limited commercial operating license is granted, under the following conditions:
The professional and non-professional Client undertakes to credit the author clearly and legibly on each distribution medium, unless otherwise expressly agreed.
Any extension of the scope of the license must be subject to prior written authorization from the Seller, and may be subject to additional charges.
In accordance with Articles L.121-1 et seq. of the Intellectual Property Code, it is recalled that the author’s moral rights remain perpetual, inalienable and imprescriptible. The Client is specifically prohibited from:
In accordance with the provisions in force and in particular with Law 78-17 of 6 January 1978 relating to information technology, files and freedoms and Regulation No. 2016/679 General on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (or “GDPR”), the Seller is required to collect personal data from the Customer necessary for the processing of his order and the issuing of invoices.
This data may be communicated to potential partners, subcontractors of the Seller responsible for the execution, processing, management and payment of orders.
To learn more about the Client’s rights, the reasons for processing and the measures taken to ensure its security, the Seller invites the Client to visit the “Data Privacy Policy” page and read it carefully.
In accordance with the provisions of Article 1218 of the Civil Code, “There is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures, prevents the performance of his obligation by the debtor.
Si l’empêchement est temporaire, l’exécution de l’obligation est suspendue à moins que le retard qui en résulterait ne justifie la résolution du contrat. Si l’empêchement est définitif, le contrat est résolu de plein droit et les parties sont libérées de leurs obligations dans les conditions prévues aux articles 1351 et 1351-1. »
The liability of either Party under these Terms and Conditions is expressly excluded in the event of non-performance or delay due to any event of force majeure.
Force majeure means any event that the Parties could not reasonably foresee and control at the time of signing these General Terms and Conditions, and which is therefore unavoidable, unforeseeable and irresistible.
If such a case of force majeure should occur, the Party affected by this event must immediately notify the other Party within five (5) days of the occurrence of said event. The performance of services will then be suspended for the duration of the event. As soon as this has ended, the party prevented from performing shall notify the other party and shall immediately resume the performance of the services.
Beyond a period of fifteen (15) working days from the occurrence of the force majeure, the other Party may choose to terminate this contract, by notification to the Party prevented from performing, and without compensation.
Unless otherwise agreed in writing by the Parties, the benefit of these General Terms and Conditions may not be assigned by either Party to a third party.
These General Terms and Conditions constitute the entire agreement between the Parties. It supersedes any prior agreement between the Parties having the same purpose.
The fact that either Party does not invoke any of these General Terms and Conditions at any given time shall not be interpreted as a waiver of the right to invoke any of these conditions at a later date.
The invalidity of one of the clauses of these General Terms and Conditions does not render the whole invalid and in general, if one or more stipulations of the General Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other stipulations shall retain their full force and effect.
The Parties then agree to replace the clause declared null and void with a clause which will most closely relate in terms of its content to the clause initially agreed upon, and given the initial intention of the Parties, in particular in order to maintain the economic balance of the General Terms and Conditions.
The same principles will apply in the event of incomplete provisions.
The validity, performance or non-performance and interpretation of the General Terms and Conditions are governed by French law.
Before taking any legal action, the Customer is encouraged to contact the Seller directly in an attempt to amicably resolve any dispute or claim relating to the products or services ordered.
The Client can send their requests by email to the address: contact@creationsdelodie.com. The Seller undertakes to respond within a reasonable time and to make its best efforts to find an amicable solution.
If no amicable agreement is reached, the dispute may be brought before the competent courts, in accordance with the rules of common law:
Article L.217-4 of the Consumer Code:
“The seller delivers goods that conform to the contract and is liable for any defects in 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 the latter was his responsibility under the contract or was carried out under his supervision.
Article L217-5 of the Consumer Code:
“The property conforms to the contract:”
1. If it is suitable for the purpose usually expected of similar goods and, where applicable:
– if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model;
– if it has qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or their representative, in particular advertising or labelling;
2° Or if it possesses the characteristics defined by mutual agreement between the parties or is suitable for any special purpose sought by the buyer, which has been brought to the seller’s attention and accepted by the latter.
Article I.217-12 of the Consumer Code:
“The action resulting from a lack of conformity is time-barred two years from the date of delivery of the goods.”
Article L217-16 of the Consumer Code:
“When the buyer requests the seller, during the course of the commercial warranty granted to him during the acquisition or repair of a movable good, to carry out a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining duration of the warranty.
This period begins from the date of the buyer’s request for intervention or the date the item in question is made available for repair, if this latter date is later than the request for intervention.
Article 1641 of the Civil Code:
“The seller is bound by a warranty against hidden defects in the thing sold which render it unfit for its intended use, or which diminish that use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them.”
Article 1648, paragraph 1 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.
In the case provided for in Article 1642-1, the action must be brought, under penalty of forfeiture, within one year of the date on which the seller can be released from liability for apparent defects or non-conformities.