General terms and conditions of sale
I - APPLICATION OF THE GENERAL CONDITIONS OF SALE
These general conditions of sale (hereinafter the "GTC") apply exclusively to all sales of products and services concluded via the Website https://www.frnch.fr (the "Articles") between Maison Chouchou and any natural person having the status of consumer or non-professional, and having full legal capacity (the "Customer").
The Customer is subject prior to any order (the "Order") to the knowledge and acceptance of these General Conditions of Sale, the GTC being available on the Website.
The GTC are accessible via the dedicated menu on the Website and the hypertext link presented before any purchase and acceptance of the GTC by the Customer.
Maison Chouchou reserves the right to adapt or modify these GTC at any time, the version of the GTC applicable to any sale being the one appearing online on the Website www.Maison-Chouchou.com at the time of the order concerned. Consequently, placing an order requires full prior and unreserved adherence to these GTC by the Customer by checking the box "I accept the general conditions and the privacy policy".
The GTC are enforceable against the Customer who acknowledges, by proceeding with the payment, having read them and accepted them before placing the order.
These GTC prevail over any other document.
II - INFORMATION ON THE WEBSITE AND ACCESSIBILITY OF THE WEBSITE
www.maison-chouchou.com is an e-commerce site owned and managed by Maison Chouchou.
The Website is open to all users of the Internet network in principle and accessible 24 hours a day, 7 days a week, except for interruption, scheduled or not, by Maison Chouchou or its service providers, for the purposes of its maintenance or force majeure (as defined herein). Maison Chouchou cannot be held responsible for any damage, of any nature, resulting from the unavailability of the Website.
Maison Chouchou does not guarantee that the Website will be free of anomalies, errors or bugs, nor that the Website will work without failure or interruption. In this regard, he may freely and at his sole discretion determine any period of unavailability of the Website or its content. Maison Chouchou cannot be held responsible for data transmission, connection or network unavailability problems.
III - WARNING
The sale of Items on the Website is exclusively reserved for retail and individuals.
Under no circumstances can the Website be used by professional sales customers, alone or grouped, regardless of the method of marketing their products (internet marketplaces, shopping malls, intermediaries, physical stores in particular). The Customer acknowledges and accepts accordingly that the Items can only be purchased in quantities corresponding to the average needs of a consumer, both with regard to the number of Items ordered in a single order and the number of Individual Orders respecting the usual quantity of an average consumer placed for the same product. Maison Chouchou reserves the right to refuse an order clearly validated by a professional seller Customer.
Any Customer declares to be informed of the lack of reliability of the Internet network, especially in terms of relative security in data transmission, unguaranteed continuity in access to the Website, unguaranteed performance in terms of volume and speed of data transmission and virus spread.
Maison Chouchou warns each Customer about the need to implement within his computer or portable or mobile equipment a solution and security measures to prevent the spread of viruses.
The support of a defective or non-compliant Item (replacement or refund) or the exercise of a right of withdrawal cannot be done directly in the physical stores resellers of the Maison Chouchou brand.
It is mandatory to go through the Website for all complaints about Items purchased online on the Website.
Similarly, an Item purchased in any of Maison Chouchou reseller stores cannot be supported via the services of the Website.
IV– REGISTRATION ON THE WEBSITE
Any adult Customer with the capacity to contract can freely and free of charge create a customer account. To be able to place an Order, a customer account must have been created in the "Account" section.
The creation of a customer account is done by the Customer by filling in the form offered to him for his identification data. This account is strictly personal to him and allows him to identify himself before validating each Order.
When creating the Customer Account, the Customer enters the data that allows his identification under his full responsibility, control and direction and undertakes to communicate complete, accurate and up-to-date information, and not to impersonate a third party, nor to mask or change his age. The Customer is required to always update his personal information. In the event of an error in the wording of the recipient's contact information, Maison Chouchou cannot be held responsible for the impossibility of delivering Products.
When creating a Customer Account, the Customer chooses his username (email) and password.
If the chosen identifier is already assigned, the system invites him to choose another one.
Credentials and passwords are personal and confidential. The Customer is solely responsible for this.
The Customer undertakes to keep his password secret and not to disclose it under any pretext and for any reason whatsoever.
In case of suspicion of the use of the username and password by a third party, the Customer must immediately alert Maison Chouchou in order to change his password and/or choose to have his customer account closed.
Maison Chouchou reserves the right to close any customer account and consequently refuse any sale to a Customer in the following cases:
· Non-payment of one or more previous Orders,
· Abusive, unfair or fraudulent use of the Ordering service offered on the Website or not respecting any of the Customer's obligations defined in the GTC.
In this case, Maison Chouchou sends an email to the Customer concerned at the address communicated by the latter when creating his customer account informing him of the deactivation of his username and password and the closure of his account.
In general, the Customer is informed that his account may be closed following the Customer's first request issued by email to Maison Chouchou.
V – PRODUCTS
The Items available for sale are those listed on the Website. They are offered within the limits of available stocks. The offers are valid as long as they are visible on the Website.
Maison Chouchou reserves the right to withdraw from sale, at any time, any Item on the Website and/or to replace or modify any information associated with the Items on this Website.
In the event of an Unavailability of an Item, after placing his Order, the Customer is informed by email, his order being then automatically canceled, without the possibility of recourse for the Customer, the payment being made only on the Items shipped.
The characteristics of the Items sold on the Website (photographs, graphics and descriptions of the Articles, etc.) are given for information only and may vary over time. Only the visual of the Item displayed at the time of the Order must be taken into account by the Customer. The characteristics and visuals are non-contractual.
Maison Chouchou takes the utmost care in the presentation and description of these products to best satisfy the Customer's information. However, it is possible that errors may appear on the Website, which the Customer acknowledges and accepts.
Maison Chouchou does not guarantee the accuracy or security of the information transmitted or obtained through the Website.
VI - ORDER
The conclusion of the contract is offered in French and English.
Any Order necessarily requires the registration of the Customer or the identification of the Customer via his Customer Account. It implies an obligation to pay.
The Customer declares to be at least 18 years old and to have legal capacity, or if he is a minor, guarantees to be the holder of parental authorization to make his Order.
To conclude the sale, the Customer must:
After filling out your virtual basket on the Website (the "Cart") indicating the selected products and the desired quantities, click on "Order";
Enter your name, first name, telephone number and the desired delivery and billing address;
Choose the delivery method;
Read and accept the GTC;
Proceed with the payment of the total price indicated by:
Credit card (Visa, CB, MasterCard) by entering the name on the card, its number, the expiration date and the CVC code;
Or PayPal account.
Click on the "Confirm and Pay" button: The validation of the Order is valid for confirmation of the Customer's acceptance of the GTC, the Items purchased, their price and associated fees.
Before clicking on the "Order" button, the Customer has the possibility to check the details of his order and its total price by clicking on the "Continue shopping" button and on the icon representing a basket to freely modify his Basket before validating his Order.
After validation of the payment, Maison Chouchou will contact the Customer as soon as possible by e-mail acknowledging receipt of his Order (items, price, quantity) and its payment accompanied by these GTC which have been accepted by the Customer by proceeding with the payment. To this end, the Customer formally accepts the use of e-mail for confirmation by Maison Chouchou of the content of his Order.
The sale is formed at the time of sending by the Seller the confirmation of the order and the receipt of the Customer's payment.
The Seller reserves the right to make changes to the product(s) ordered that are related to technical evolution under the conditions provided for in Article R. 212-4 of the Consumer Code.
If the Customer does not receive any email following his Order, it is up to him to contact Maison Chouchou customer service in the manner described in Article 12 of these GTC.
Maison Chouchou can under no circumstances be held responsible in the event of an input error or transmission of an input error that does not allow the delivery of the confirmation email and/or Articles.
It is recommended that the Customer print the confirmation email of his Order.
For any question relating to the tracking of an Order, the Customer must consult his customer account on the Website or contact customer service according to the procedures described in Article 12 of these GTC.
Maison Chouchou undertakes to honor the order within the limits of available stocks and within 24 hours (excluding weekends and holidays). However, we inform you that this preparation time may be extended in the event of a high period of activity. In the absence of availability of the item(s) ordered, Maison Chouchou undertakes to refund it(s).
The goods remain the property of the Seller until full payment of their price.
VI - 2 Archiving and evidence
Pursuant to Article L. 134-2 of the Consumer Code, any contract whose order concerns an amount equal to or greater than one hundred and twenty (120) euros and consisting of the order confirmation and these GTC will be kept from its conclusion until delivery and for a period of ten (10) years from delivery. The Customer may request access at any time during the aforementioned period by contacting the Seller whose contact details appear in Article 12 of these GTC.
VII – REFUSAL TO PROCESS AN ORDER
Maison Chouchou reserves the right to remove any Article displayed on the Website at any time and to replace or modify any content or information on it. Despite Maison Chouchou's best efforts to meet the expectations of its customers, the latter may refuse to process an order after sending the Customer the confirmation email summarizing the Order.
The Seller reserves the right to refuse any order for legitimate reasons, in particular if the quantities of products ordered are abnormally high for buyers who have the status of consumers or non-professionals.
Maison Chouchou cannot be held responsible to the Customer or a third party for the decision to remove an Item from the Website, or the decision to replace or modify any content or information on this Website, or the refusal to process an Order after sending the confirmation email summaris the Order.
VIII – PRICE AND TERMS OF PAYMENT
The prices of the Items are indicated on the Website in euros, all taxes included excluding participation in processing costs and excluding shipping costs.
The total price of the Order (possible discounts applicable on the day of the Order, all taxes and shipping costs included) is indicated in the Basket. The amount of shipping costs is specified on the Website before validation of the Order.
All product prices take into account the value added tax (VAT) in force on the day of order validation and applicable in France.
Maison Chouchou reserves the right to change its prices at any time but the products will be invoiced on the basis of the rates in force at the time of registration of the order, subject to availability. The price of the Items invoiced is therefore the one indicated when Ordering.
The items remain the entire property of Maison Chouchou until full payment of the price, which the customer acknowledges and accepts.
The promotional offers offered on each order by Maison Chouchou are not cumulative.
The validity period of the offers and prices is determined by updating the Website. Maison Chouchou will not refund any price difference between the time the order was placed and a subsequent price drop.
The order is payable immediately, by credit card (CB, Visa, MasterCard) or with PayPal.
The Customer confirms that he is the holder of the credit card to be debited and that the name on the credit card is indeed his.
All transactions are secured by this solution which has highly secure pages for entering payment data: card number, expiration date and the visual cryptogram.
To finalize the payment, obtaining a security code is necessary. The customer receives it by E-mail, phone or SMS. He must therefore ensure that his contact details are filled in with his banking institution.
This platform encrypts and then transmits this payment data to the bank, in complete confidentiality and makes it inaccessible to a third party.
The Customer expressly acknowledges that the communication of his credit card number to Maison Chouchou constitutes authorization to debit his Account up to the price of the Items ordered. If applicable, the order is automatically cancelled for non-payment.
The data recorded and stored by Maison Chouchou constitute proof of the Order and all past sales.
When a validated and paid order has one or more incorrect elements (price, description, photo, coupon...), Maison Chouchou reserves the right to cancel and refund the latter.
IX - DELIVERY
The items for sale on this website are only available for delivery in the following countries: Metropolitan France, including Corsica, Monaco, some European countries (Germany, Austria, Belgium, Cyprus, Denmark, Spain, Estonia, Latvia, Lithuania, Iceland, Finland, Hungary, Ireland, Italy, Luxembourg, Malta, Norway, the Netherlands, Poland, Portugal, Czech Republic, Republic of Ireland, United Kingdom, Slovakia, Slovenia, Sweden, Switzerland) and the DOM (Reunion, Martinique, Guadeloupe).
Deliveries are provided by the services of Colissimo and Mondial Relay from Monday to Friday, depending on the option chosen by the Customer when validating his Order and at the customer's expense.
The Customer will receive by e-mail an Order number confirming his proper support. The Customer will be informed of the different stages of his Order by email.
Shipments are announced by e-mail to the Customer, at the e-mail address provided by the latter on his customer account.
The Items ordered will be delivered within a maximum of 30 calendar days from the registration of the Order, subject to full payment of the price.
The risk of loss or deterioration of the Items during delivery is transferred to the Customer when the order is delivered to the carrier when the latter is responsible for transport by the Customer and not by Maison Chouchou. For all complaints regarding the transport of packages (delay, loss, deterioration), the Customer must therefore contact the carrier.
In the event that the Customer chooses a delivery by carrier:
· Thanks to the shipping number, the Customer can follow the path of his package on the website of the carrier chosen by the Customer.
· The Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residence address of the Customer, a natural person of his choice or a legal person (delivery to his company). Delivery cannot be made in hotels or mailboxes.
· The Customer is informed that it is his responsibility to provide exactly all the details necessary for the proper routing of his Order and the perfect delivery (access code, access specification for example).
· If the Customer is absent at the time of delivery, a notice of passage informs the Customer of the terms of conservation of his package and its availability, under the sole and exclusive responsibility of the carrier.
· If the delivery address entered by the Customer is not valid and therefore induces a return of the package for non-receipt at the address indicated, the costs of forwarding the package to the new address transmitted will be borne by the Customer.
· A delivery note is included in the package, summarising the Items ordered and actually delivered.
· The Customer assumes in full and exclusively the risks relating to the items from their delivery. Delivery means the transfer to the Customer of the physical possession of the Items (the "Delivery").
The Items are delivered to the delivery address indicated by the Customer when Placing the Order no later than the date indicated during the Order, depending on the country of delivery.
Maison Chouchou makes every effort to deliver the Order within a maximum period of 30 days and undertakes that the delivery is made within 4 (four) working days in metropolitan France and 20 (twenty) working days for international delivery, from the Order and undertakes that the delivery is made within a maximum period of 30 calendar days.
In the event of a delivery delay of more than 7 working days compared to the aforementioned maximum time, the Customer may contact Maison Chouchou by e-mail to order him to execute the delivery within a reasonable additional time. In case of non-compliance with this new deadline, the customer may request Maison Chouchou by e-mail to cancel his Order.
The contract and therefore the sale will be considered broken upon receipt by Maison Chouchou of the email or a letter by which the Customer informs him of his decision unless the delivery has occurred between sending and receiving the Customer's email or letter.
In the event that the Order is permanently cancelled, the Customer will obtain a refund of the price paid for his Order within 30 days of the cancellation confirmed by e-mail.
In the event that the Customer receives the package after the cancellation of his Order, Maison Chouchou will refund the Items excluding return costs, upon receipt of all of them in their perfect original condition.
Each delivery is deemed to be made as soon as the package is made available to the Customer, in particular by the carrier, materialized by the control system used by the carrier.
If the package is damaged or if the Item does not correspond to the Customer's Order, the Customer must initiate the return procedure described in Article 10 below within 30 calendar days after shipment.
In the event of delivery by a carrier requiring an appointment with the Customer, the carrier will contact the Customer as soon as possible to arrange a delivery appointment, no later than 30 days from the date of validation of the order.
Maison Chouchou cannot be held responsible for delay in delivery not by its fact, justified by a case of force majeure (as defined below) or due exclusively to an unavailability of the Customer after several appointment proposals by the carrier. Also, Maison Chouchou cannot be held responsible for the harmful consequences resulting from a delay in delivery, only the reimbursement of the Article by Maison Chouchou being possible to the exclusion of any other form of compensation.
If on the occasion of the same Order, the delivery dates of several different Items, the delivery date is based on the date furthest from the order date.
X - RETURNS
Any claim on the Items, in particular in the case of defective, damaged, non-compliant or apparent defect(s), must be notified by the Customer to Maison Chouchou without delay by mail or e-mail to the contact details on the Website or in Article 12, specifying the Item(s) concerned, the nature and type of defect.
It is the Customer's responsibility to provide all supporting evidence on the reality of the defect found. The Customer must report his reservations and complaints very precisely in a sufficiently precise way to allow Maison Chouchou to verify the reality. Maison Chouchou may request one or more photos of the Product.
In the event of a return accepted by Maison Chouchou, in particular in the event of a lack of conformity, the Customer will have the choice between repairing the Item if possible, refunding or replacing the Item with an equivalent Item proposed by Maison Chouchou.
In accordance with the provisions of the Consumer Code, Maison Chouchou may not proceed according to the Customer's choice (repair or replacement) if this choice results in a manifestly disproportionate cost compared to the other modality, taking into account the value of the Article or the extent of the defect. If repair and replacement are impossible, the Customer can return the Item (using the return form) and have the price returned or keep the Item and get part of the price returned.
A return voucher can be obtained in the following cases:
· If the package is damaged (and in this case, the Customer must refuse delivery or be given a certificate of damage by the carrier or notify any reservations about the products delivered to the carrier and to Maison Chouchou). For this, it is imperative to issue a reservation during delivery by detailing the condition of the package on the delivery note (taking a photo of the damaged package is strongly recommended in the event of a dispute with the carrier);
· If the Item delivered is different from the one ordered;
· If the Item delivered has a lack of conformity (defective, damaged or apparent defect).
In the cases mentioned above, the Customer may return said Item using the return form corresponding to the returned Item:
· The return voucher, valid no later than 30 days after the shipment of the Order, can be obtained from Maison Chouchou customer service, contact details indicated in article 12;
· The Customer must fill in the form provided for this purpose, print it and insert it in the package to be returned; no return can be validated without it;
· Any claim filed after this period cannot be accepted and Maison Chouchou will be released from any responsibility;
· This refund procedure is exclusive of any exchange, in order to save the Customer the deadlines and terms of the exchange procedures that may present a major inconvenience to the latter.
· The Customer must return the non-compliant Item to obtain a refund of the price of his Item.
· Maison Chouchou covers the return costs in tracked parcels: for this purpose, the customer must contact customer service (according to the terms described in Article 12 of these GTC) to receive a prepaid postal label; under no circumstances will Maison Chouchou refund return shipping costs directly paid by the customer at the Post Office.
The Customer can drop off his return package:
· In the post office (package less than or equal to 30 kg).
The Customer can then track the delivery of his package on www.colissimo.fr.
Any non-compliant return (without the return form and without the labels attached to the item) or unfit for resale (damaged, damaged, used or soiled by the Customer) will be rejected and Maison Chouchou will be released from any responsibility.
Items must be returned properly protected, in their original packaging (a carefully opened packaging will not be considered damaged packaging), accompanied by their label attached to the garment and not cut and protective film. The Customer must return the Items by a means of delivery to ensure their protection and preserve their perfect condition.
Once the returned Items have been verified, Maison Chouchou undertakes to reimburse the Customer for all the sums paid, excluding shipping costs, for his Order, as soon as possible and no later than thirty (30) calendar days following the date of receipt of the return package, to the Customer's bank account or payment account used for the payment of the Items.
Maison Chouchou's liability and the warranty are excluded in the event of defect arising from the use of the Item by the Customer and in particular from abnormal use, poor maintenance or non-compliance with the maintenance conditions and precautions for use communicated or made available to the Customer by Maison Chouchou or the manufacturer of the Article, negligence, fault or breach of the Customer's contractual obligations, unpredictable and insurmountable fact of a third party foreign to the contract or force majeure.
XI – RIGHT OF WITHDRAWAL
In accordance with Article L221-18 of the Consumer Code, the Customer has a period of fourteen (14) days to exercise his right of withdrawal, without having to justify any reason.
This period runs from the receipt of the Item(s) by the Customer. In the case of an order for several items delivered separately, the period runs from the day the Customer received the last Item.
The Customer must notify Maison Chouchou of the exercise of this right. To do this, the customer must contact Maison Chouchou via email hello@maison-chouchou.com
The Customer is required to keep the proof of shipment and the tracking number of the returned package, Maison Chouchou being not responsible for the return.
Upon receipt of the package, Maison Chouchou judges the perfect condition of the returned Item(s). Items must be returned properly protected, in their original packaging (a carefully opened packaging will not be considered damaged packaging), accompanied by their label and protective film. Damaged, dirty or incomplete items are not taken back. If an Item has been damaged due to manipulations other than those necessary to establish the characteristics and proper functioning of the Item, Maison Chouchou reserves the right to refuse the return.
If the right of withdrawal is exercised by the Customer under the aforementioned conditions, Maison Chouchou will reimburse the Customer for the price of the returned Item(s). Shipping and return costs, including possible customs fees and taxes, remaining the responsibility of the Customer except those offered by Maison Chouchou to the Customer via the Colissimo carrier under the conditions raised.
After verification of the products, Maison Chouchou will refund as soon as possible, and in any case, within fourteen (14) days of receipt of the Item(s). Unless otherwise requested by the Customer expressly accepted by Maison Chouchou, the refund is made via the same payment method as that used for the initial order.
XII – CUSTOMER SERVICE
For any information or question, for order tracking, for the exercise of the right of withdrawal or for a return, the Customer must contact customer service by email at hello@maison-chouchou.com specifying the subject (Retraction, Return, Order Tracking, or Other request concerning the E-shop) from Monday to Friday from 9:30 a.m. to 5 p.m. excluding public holidays.
XIII – GUARANTEES
Maison Chouchou's liability for any Item purchased on the Website is strictly limited to the purchase price of the latter. Maison Chouchou will in no way be responsible for the following losses, regardless of their origin:
· loss of revenue or sales
· loss of operation
· loss of profits or contracts
· loss of expected savings
· loss of data
· loss of work or management time
· damage to image
· loss of luck
· moral damage.
The documents, descriptions and information relating to the Articles on the Website are not covered by any warranty, express or implied, with the exception of the guarantees provided for by law.
Maison Chouchou is only required to deliver Items in accordance with the contractual provisions. The Articles are considered to be in accordance with the contractual provisions if the following conditions are met:
(I) they must conform to the description and have the characteristics set out on the Website;
(Ii) they must be adapted to the purposes for which such products are generally designed;
(Iii) they must meet the quality and resistance criteria which are generally accepted for products of the same kind and which can reasonably be expected.
In addition, Maison Chouchou warrants consumers from lack of conformity and hidden defects for the Items for sale on the Website under the following conditions:
Vice apparent
The presence of an apparent defect on an Item must give rise to a complaint to Maison Chouchou customer service (contact details specified in Article 12) within three working days of Delivery. Any complaint must explain the defect concerned.
Otherwise, no claim is admissible, and no return or exchange is possible.
The Item must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial Order and a copy of the claim to the address of the Maison Chouchou offices, after sending an email indicating the apparent defect of the Article referred to above.
The cases of apparent defect confirmed by Maison Chouchou give rise, according to the content of the Customer's claim, either to the establishment of a credit for the benefit of the Customer, or to the replacement of the Item, or to the outright refund of the Price to the Customer within 30 days.
In case of non-compliance with the return procedure, no exchange or refund or credit is possible.
Non-compliance – Hidden defects
Subject to the validation of a non-compliance or a loss-deed defect by Maison Chouchou or the manufacturer as the case may be, the Items supplied by the Seller benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with the legal provisions:
- the legal guarantee of conformity, for the Item apparently defective, damaged or damaged or not corresponding to the order. This warranty covers the defects of conformity of the Article and the packaging. The legal guarantee of conformity allows the Customer to:
- Take action against the Seller, within two (2) years of delivery of the Item and free of charge.
- Choose between repair and replacement of the Ordered Item if it does not comply with the Order, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code. Maison Chouchou may replace the non-compliant Item. If replacement is impossible within one month of the claim or if the Customer issues the reasoned request, the Customer may request a refund of the price of the Item.
- Be exempt from reporting proof of the existence of the lack of conformity of the Article during the twenty-four (24) months following the delivery of the Article.
- the legal warranty against hidden defects resulting from a defect in material, design or manufacturing affecting the Item delivered to such a point that the Customer would not have purchased it and making it unfit for use. The Customer may request the implementation of the guarantee against hidden defects in accordance with Article 1641 of the Civil Code. In this case, within two (2) years from the discovery of the defect, the Customer may choose between the resolution of the sale and therefore return the Item to obtain a refund of the price paid for the Item that proved unfit for its use, or keep the Item and request a reduction in the sale price in accordance with Article 1644 of the Civil Code.
In order to assert his rights, the Customer must return the Item(s) affected by a defect in the original state in which it(s) has or have been received, either in the original packaging, new, unworn, unwashed, with the references of the initial Order and copy of the claim to the Maison Chouchou offices, after sending an email indicating the reason for the return of the Item (Coordinates to Article 12 of the said GTC)
The Customer may contact the Seller by email (Coordinates in Article 12 of the said GTC) in order to obtain a prepaid return label.
The Seller will refund, replace the Items that do not comply with the order or are affected by a defect. Refunds of non-compliant or defective Items will be made as soon as possible and no later than fourteen (14) days after receipt of the products by the Seller. The refund will be made by credit to the Customer's bank account.
The Seller cannot be held liable in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Item, accident or force majeure.
For all purposes, the following legal provisions are recalled:
Art. L. 211-4 of the Consumer Code: "The seller is required to deliver a good in accordance with the contract and is liable for any defects of conformity existing at the time of delivery.
He is also responsible for lack of conformity resulting from packaging, assembly instructions or installation when it has been charged to him by the contract or has been carried out under his responsibility. "
Art. L. 211-5 of the Consumer Code: "To be in accordance with the contract, the good must:
1° Be suitable for the usual use expected of a similar property and, if applicable:
- correspond to the description given by the seller and have the qualities that he presented to the Customer in the form of a sample or model;
- present the qualities that a Customer can legitimately expect with regard to the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the customer, brought to the attention of the seller and that the latter has accepted."
Art. L. 211-7 of the Consumer Code: "Defects of conformity that appear within six months of the delivery of the good are presumed to exist at the time of delivery, unless proven otherwise.
The seller can fight this presumption if it is not compatible with the nature of the good or the lack of conformity invoked. "
Art. L. 211-7 10 of the Consumer Code: "If the repair and replacement of the good are impossible, the buyer can return the good and have the price returned or keep the good and have part of the price returned.
The same faculty is open to him:
1° If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month of the buyer's complaint;
2° Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he seeks.
However, the resolution of the sale cannot be pronounced if the lack of conformity is minor. "
Art. L. 211-12. of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the good. "
Art. L. 217-9. of the Consumer Code: "In the event of a lack of conformity, the buyer chooses between repair and replacement of the good.
However, the seller may not proceed according to the buyer's choice if this choice results in a cost manifestly disproportionate to the other modality, given the value of the property or the extent of the defect. He is then obliged to proceed, unless impossible, according to the modality not chosen by the buyer. "
Art. 1641 of the Civil Code: "The seller is bound by the guarantee due to the hidden defects of the thing sold that make it unfit for the use for which it is intended, or which reduce this use so much, that the Customer would not have acquired it, or would have given only a lower price, if he had known them. "
Art. 1644 of the Civil Code: "In the case of articles 1641 and 1643, the buyer has the choice to return the thing and have the price returned, or to keep the thing and have part of the price returned. "
Art. 1648 paragraph 1 of the Civil Code: "The action resulting from the prohibitive defects must be brought by the purchaser within two years of the discovery of the defect. "
XIV – CONVENTION ON EVIDENCE
The Customer acknowledges and accepts that the Order registration systems demonstrate all transactions between Maison Chouchou and the Customer.
The Customer acknowledges and accepts that the proof of acceptance of the GTC is characterized by checking the words "I have read and accept the general conditions of Sale".
To this end, the Customer acknowledges and accepts that the computerized data stored within Maison Chouchou's computer servers in reasonable conditions of security and integrity are irrefutablely considered as proof of acceptance of the terms of the GTC and proof of all past transactions between Maison Chouchou and the Customer.
Maison Chouchou will archive purchase orders and invoices on a reliable and durable medium, in accordance with the provisions of Article 1348 of the Civil Code and guarantees access to the Customer at any time if he requests it in accordance with the provisions of Article L. 134-2 of the Consumer Code.
Consequently, unless a manifest error of Maison Chouchou is proven by the Customer, the latter will not be able to dispute the admissibility, validity or probative force of the GTC and the content of the Order, on the basis of any legal provision whatsoever and which would specify that certain documents must be written or signed to constitute proof.
Thus, these elements constitute evidence and, if they are produced as evidence by Maison Chouchou in any contentious or other proceedings, will be admissible, valid and enforceable in the same manner, under the same conditions and with the same probative force as any document that would be drawn up, received or kept in writing.
At any time, the Customer has the right to print, download, and keep a copy of the GTC on paper and electronic media.
XV – RESPONSIBILITY
Maison Chouchou reserves the right to modify the information contained in this Website at any time and without notice.
Maison Chouchou undertakes to describe the Articles sold on the Site with the greatest accuracy and to ensure the best possible conditions that the information disseminated on it is updated.
However, Maison Chouchou cannot guarantee the accuracy, precision or completeness of the information made available to Customers on the Website.
In case of non-substantial differences between the presentation photos of the Articles on the Website, texts and illustrations and the Items ordered, Maison Chouchou will not be held responsible.
The Customer acknowledges and accepts that the prices of the Items may vary between the Website and the reseller stores, and that in no case can this price difference give rise to a request for a total or partial refund of the Items purchased either on the Website or in stores.
Maison Chouchou cannot be held liable in the event of a breach of one of its contractual obligations resulting from a fortuitous event or a case of force majeure as defined by the case law rendered by the French courts.
In particular, Maison Chouchou will not be held responsible for any non-execution or delay in the execution of Orders, caused by events beyond its control ("Force Majeure Cases").
A Case of Force Majeure includes any act, event, non-performance, omission or accident beyond the control of Maison Chouchou and includes in particular (without limitation):
1. Strikes, closures or other industrial actions.
2. Civil agitation, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not), or threat or war preparation.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters.
4. Inability to use transport by rail, boats, planes, roads or other private or public means of transport.
5. Inability to use public and private telecommunications networks.
6. Acts, decrees, legislation, regulations or restrictions of all governments.
7. Strike, failure or accidents of maritime, postal or other transport.
The execution of the GTC will be suspended for as long as the Force Majeure lasts and the execution and delivery deadlines will be extended accordingly. Maison Chouchou will make efforts as far as possible to stop the case of Force Majeure or to find a solution allowing it to perform its contractual obligations despite the case of Force Majeure.
If the force majeure event lasts for more than three (3) months, the transaction concerned may be terminated at the request of FRNCH or the Customer without compensation on either part. The non-payment by the Customer cannot be justified by a case of force majeure.
Maison Chouchou is solely responsible for any direct and foreseeable damage at the time of use of the Website or the conclusion of the sales contract with the Customer, excluding any indirect damage.
XVI – PROTECTION OF PERSONAL DATA
The Customer is informed and accepts that his personal data may be collected on the Site and used by Maison Chouchou, which acts as a data controller within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter "General Data Protection Regulation" or "GDPR").
Maison Chouchou is committed to protecting and ensuring the security and confidentiality of its Customers' personal data in accordance with the GDPR, in particular by taking all necessary precautions to prevent this data from being distorted, damaged or that unauthorized third parties have access to it.
In particular, Customers' personal data may be transmitted to service providers and contractual partners who, as subcontractors within the meaning of the GDPR, intervene and contribute directly to the management of Orders and for which it is absolutely necessary to access the personal data provided by the Customer when creating and using his Account (identity, postal address, telephone number, email address). Subcontractors may only act on the instruction of Maison Chouchou for the strict execution of subcontracted tasks necessary for the management of Orders and the completion of the sale, without the authorization of the Customers being necessary. It is specified that, in the context of the performance of their services, third parties have only limited access to the data and have a contractual obligation to use them in accordance with the provisions of the applicable legislation on the protection of personal data. Outside the cases set out above, the Seller undertakes not to sell, rent, assign or give access to third parties to the data without the prior consent of the Customer unless he is forced to do so due to a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of defense).
Customers' personal data is collected for the following purposes:
- the management of Orders and relations with Customers;
- the information of Customers relating to offers and commercial information related to the brand;
- the strengthening and improvement of the communication of the Website and the brand by sending, in particular, newsletters and special offers according to the Customer's preferences found on the Website;
- the improvement and personalization of the services offered to Customers;
- and compliance with legal and regulatory obligations.
The Customer's personal data is kept only for the time strictly necessary with regard to the purposes previously set out. The personal information collected is kept for a period that may not exceed three (3) years from the end of the relationship with the Customer, unless a longer retention period is authorized or imposed by a legal or regulatory provision.
In the event of a choice by the Customer to pay by credit card, the name on the card, its number, its expiration date and the visual cryptogram will be collected for the purpose of making the payment on the basis of the execution of pre-contractual measures taken at the request of the Customer and the contracts to which the Customer is a party. This information will be kept until receipt of all the goods of the order paid by credit card plus the withdrawal period.
If the Customer gives his consent, by checking the box provided for this purpose, the number and expiration date of his credit card may be kept beyond the period provided for in the previous paragraph to facilitate his subsequent purchases. This data will be kept until the Customer's consent is withdrawn and/or the validity of the credit card data expires.
In accordance with the GDPR, the Customer has the right to access, rectify and oppose personal data concerning him (hereinafter the "Data Protection Rights").
To exercise one or more of the Data Protection Rights, the Customer must send a request by email to the Maison Chouchou Customer Service, by filling out the contact form located on the Website or by writing to the following E-mail address indicating his surname, first name, e-mail address and customer references: Maison Chouchou hello@maison-chouchou.com. The Customer has the possibility to file a complaint with the CNIL.
Each request must be signed and accompanied by a photocopy of an identity document signed by the Client and specify the response address.
The response to the request exercised on the basis of one or more Data Protection Rights will be sent within 2 months of receipt of the request.
The Customer may communicate to Maison Chouchou special directives in which he or she defines how he or she intends to exercise, after his or her death, the Data Protection Rights and Freedoms in accordance with the GDPR.
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XVII – COMMERCIAL OFFERS AND NEWSLETTERS
Maison Chouchou is likely to send Commercial offers to Customers by mail, email, SMS, telephone or via all web spaces animated by Maison Chouchou or on social networks, subject to prior acceptance.
The Customer has the right at any time to object free of charge to his commercial prospecting mailings, by clicking on the "unsubscribe" link in each email.
The Customer can register on the list of opposition to telephone canvassing electronically on the website bloctel.gouv.fr, or by post to the following address: Service Bloctel, 6 rue Nicolas Siret, 10,000 Troyes.
XVIII - COOKIES
When consulting the Website, information relating to the navigation of Customers may be recorded in "Cookies" files installed on their terminal (computer, tablet, smartphone).
These cookies are issued by Maison Chouchou in order to facilitate navigation on the Website and make it possible to recognize the Customers' browser when they are connected to the Website.
These cookies are issued in order to:
· Establish attendance statistics (number of visits, page views, abandonment in the ordering process)
· Adapt the presentation of the Website to the display preferences of the terminals,
· Memorize information entered in forms, manage and secure access to reserved and personal areas such as the Customer account and manage the Order basket.
· Maison Chouchou reserves the right to install cookies on the Customer's computer when visiting the Website.
A cookie is a small file that is sent to the Customer's computer and stored on his hard drive. If the Customer is registered with Maison Chouchou, his computer will store an identifying cookie that will save him time every time he returns to the Maison Chouchou site because he will remember the Customer's email address.
A cookie does not identify the Customer but is intended to report any previous visit of the Customer to the Website in order to help Maison Chouchou personalize its services.
The Customer can make settings so that cookies are disabled and thus prevent cookies from being installed, without his express consent, on his computer.
Any settings implemented by the Customer will be likely to modify Internet browsing and the conditions of access to certain services of the Site requiring the use of Cookies.
The Customer can express and modify his wishes regarding cookies at any time, by the means described below.
The Website uses computer applications from third parties, which allow the Customer to share content from the Website with other people or to make known to these other people his opinion about the content of the Site. (Social networks such as Facebook, "Instagram", "Twitter", etc.).
When the Customer consults a page of the Website containing a "Share" or "like" button, his browser establishes a direct connection with the servers of the social network concerned.
If he is connected to the social network while browsing, the application buttons allow him to link the pages consulted to his account.
If he interacts through plug-ins, for example by clicking on the "like" button or leaving a comment, the corresponding information will be transmitted to the social network concerned and published on his account.
If the Customer does not want social networks to link the information collected through the Website to his account, he must log out of the social network concerned before visiting the Site.
Maison Chouchou is in no way responsible for any reason for the content or operation of any of the social networks, including those that may be linked to the Site.
XIX – INTELLECTUAL PROPERTY
Maison Chouchou is the sole owner of the intellectual property rights:
· On the Articles offered on the Site,
· On the brands associated with the Articles,
· On the Site, and in particular on its tree structure, on the organization and titling of its sections, on the visual and graphic identity, on its design, on its ergonomics, its functionalities, on software, texts, animated or still images, sounds, know-how, drawings, graphics and any other element composing the Site,
· On the databases, their structure and their contents, designed and managed by Maison Chouchou for the purposes of publishing the Site,
· On all the design elements of the Site, whether graphic or technical,
· On names, acronyms, logos, colors, graphics, or other signs that could be used, made or implemented by Maison Chouchou.
It is therefore prohibited to reproduce in any form whatsoever, directly or indirectly, the elements referred to in the preceding paragraph, as well as to alter the trademarks, patents, names, acronyms, logos, colors, graphics or other signs appearing on the elements made available within the Website, and more generally to use or exploit these elements other than in the context of the execution of the present.
As such, the reproduction or use of all or part of these elements is only authorized for the exclusive purpose of information for personal and private use, any reproduction and use of copies made for other purposes being expressly prohibited.
Any other use, unless prior written authorization from Maison Chouchou, constitutes infringement and is punishable by intellectual property.
Any creation of hypertext links to the home page of the Site, or any other page of the Site, is subject to the prior written consent of Maison Chouchou.