(www.lamaisondungoni.com).The list and description of the goods and services offered by the company can be found on the aforementioned website.
Article 1 : Object
These Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.
Article 2 : general provisions
These General Terms and Conditions of Sale (GTC) apply to all sales of Products made through the website of Joris Feuillatre – La Maison du Ngoni which are an integral part of the Contract between the Buyer and the Seller. Seller reserves the right to modify these terms at any time by publishing a new version on its website. The applicable Gtcs then are those in effect on the date of payment (or first payment in case of multiple payments) of the order. These Gtcs are available on the company’s website at: www.lamaisondungoni.com/en/tos/.
Article 3 : Prices
The prices of the products sold through the websites are indicated in euros (€) including VAT and precisely determined on the pages of descriptions of the Products excluding specific shipping costs. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums do not fall under the jurisdiction of the Seller. They will be borne by the purchaser and fall under his responsibility (declarations, payment to the competent authorities, etc.). In this respect, the Seller invites the buyer to inquire about these aspects with the corresponding local authorities. The company reserves the right to change its prices at any time in the future. Telecommunications costs necessary for access to websites.
Article 4 : Conclusion of the online contract
The Customer must follow a series of steps specific to each Product offered by the Seller in order to complete his order. However, the following steps are systematic:
- Information on the essential characteristics of the Product
- Choice of the Product, if any of its options and indication of the Customer’s essential data (identification, address, etc.)
- Acceptance of these General Conditions of Sale
- Verification of control elements and, if necessary, correction of errors
- Follow-up of payment instructions and payment of products
- delivery of the order
The Customer will then receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. For the delivered products, this delivery will be made at the address indicated by the Customer. For the purpose of the proper fulfilment of the order, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide its truthful identification elements. Seller reserves the right to refuse the order, for example for any abnormal request made in bad faith or for any legitimate reason.
Article 5 : products and services
The essential characteristics of the goods and services and their respective prices are made available to the purchaser on the company’s website. The customer certifies that he has received a detailed account of the delivery costs as well as the terms of payment, delivery and performance of the contract. The Seller undertakes to honour the Customer’s order within the limits of the available Product stocks only. Failing this, the Seller shall inform the Customer.
This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and confirmation when the order is validated. The parties agree that the illustrations or photographs of the products offered for sale have no contractual value. The period of validity of the offer of the Products and their prices is specified on the Company’s websites, as well as the minimum duration of the proposed contracts when these-these relate to a continuous or periodic supply of products or services. Except as otherwise provided herein, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the e-mail address communicated).
In accordance with the legal provisions regarding compliance and hidden defects, Seller refunds or exchanges defective or non-compliant products. The refund can be requested by simple contact within 7 days after receipt of the goods. The cost of returns shall be borne by the purchaser.
Article 6 : retention of title clause
The products remain the property of the company until full payment of the price.
Article 7 : delivery terms
The products are delivered to the delivery address which was indicated at the time of the order as soon as possible. This period does not take into account the time taken to prepare the order. In the event of a delay in delivery, the Customer has the possibility of resolving the contract under the terms and conditions defined in Article L 138-2 of the French Consumer Code. The Seller then proceeds to the reimbursement of the product and to the “outward” expenses in accordance with Article L 138-3 of the French Consumer Code. The Seller provides a telephone contact point (cost of local communication from a fixed station) indicated in the order confirmation email in order to follow up the order. The Seller recalls that at the time when the Customer takes physical possession of the products, the risks of loss or damage of the products are transferred to him. It is the Customer’s responsibility to notify the carrier of any reservations about the delivered product.
Article 8 : Availability and presentation
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. In case of unavailability of an article for a period of more than 15 working days, you will be immediately notified of the foreseeable delivery times and the order of this article can be cancelled on simple request. The Customer may then request a credit note for the amount of the item or its refund.
Article 9 : payment
Payment is due immediately upon order, including for pre-order products. The Customer can make payment by payment card via Stripe. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by Stripe. Once the payment is launched by the Customer, the transaction is immediately debited after verification of the information.In accordance with Article L. 132-2 of the French Monetary and Financial Code, the payment commitment given by card is irrevocable. By disclosing its banking information during the sale, the Customer authorizes the Seller to debit its card with the amount related to the indicated price. The Customer confirms that he is the legal holder of the debit card and that he is legally entitled to use it. In case of error, or impossibility of debiting the card, the Sale is immediately resolved as of right and the order cancelled.
Article 10 :cancellation period
In accordance with Article L. 121-20 of the French Consumer Code, “the consumer has fourteen clear days in which to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception, where applicable, of the return fee”. “The period referred to in the preceding paragraph shall run from the date of receipt for the goods or acceptance of the offer for the provision of services”. The right of withdrawal can be exercised by contacting the company by e-mail or telephone. We inform the Customers that in accordance with article L. 121-20-2 of the Consumer Code, this right of withdrawal cannot be exercised for intangible goods and consumables. If the right of withdrawal is exercised within the aforementioned period, only the price of the purchased product or products and the shipping costs will be reimbursed, the return costs will remain the responsibility of the Customer. Returns of products must be made in their original state and complete (packaging, accessories, instructions, etc.) so that they can be re-marketed in new state; where possible, they must be accompanied by a copy of the proof of purchase.
Article 11 : warranty
In accordance with the law, the Seller reimburses the buyer or exchanges the products apparently defective or not corresponding to the order made. The refund request must be made by e-mail or telephone. The Seller recalls that the consumer: – has a period of 2 years from the issue of the property to act with the Seller – which he may choose between replacing and repairing the property subject to the conditions of the apparently defective article or not corresponding – that he is exempted from proving the existence of the non-compliance of the property during the six months following the issue of the property. – that, except in the case of second-hand goods, this period be extended to 24 months from 18 March 2016 – that the consumer may also claim the guarantee against the hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code; and in this case, he can choose between the resolution of the sale or a reduction of the sale price (provisions of articles 1644 of the Civil Code).
Article 12 : claims
Where applicable, the Buyer may submit any claim by contacting the company by means of the following contact details by e-mail, mail or telephone:
- Joris Feuillatre – La Maison du Ngoni
- E-mail : firstname.lastname@example.org
- Téléphone : + 33 (0)6 52 82 68 57
Article 13 : intellectual property rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is carried out through these Terms and Conditions. Any reproduction or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 14 : major force
Performance of the Seller’s obligations hereunder shall be suspended in the event of any unforeseen event or force majeure which would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 15 : nullity and amendment of the contract
If one of the stipulations of this Agreement is cancelled, this nullity will not result in the nullity of the other stipulations which will remain in force between the parties. Any contractual amendment shall be valid only after a written and signed agreement of the parties.
Article 16 : personal data protection
In accordance with the French Data Protection Act of 6 January 1978, you have the right to query, access, modify, oppose and correct your personal data. By adhering to these Terms and Conditions of Sale, you agree to our collection and use of this data for the performance of this contract. By entering your email address on the company’s website, you can choose to receive e-mails containing information and promotional offers regarding products edited bythe company. You can unsubscribe at any time. All you need to do is click on the link at the end of an e-mail or contact the Data Controller (the company) by RAR letter. We track traffic on all our sites. We use tools such as Google Analytics.
Article 17 : applicable law
All the clauses contained in these General Conditions of Sale, as well as all the buying and selling operations referred to therein, will be subject to French law.