The present general terms of sale govern the transactions made through the online vendor site "lapoulenoire.com", and shall be applicable to all the services offered online by the site. These terms and conditions are subject to French Law. They impose upon the Seller as upon the Buyer.
In the case of modifications, the applicable terms are the ones current in the order date.
The purchase of articles on sale on the site involves the full and whole acceptance of the present general terms of sale.
In the present document, the following terms indicate:
The Seller: owner and administrator of the site, i.e the society "Plaisirs d'Armoires sarl" whose head office is in Rodez -12000 - France
The Buyer: any individual or legal entity wishing to proceed to a purchase on the site, and having the full legal capacity to this end.
The Site: the present online vendor site.
Article(s): pysical article(s) proposed and described by the seller.
The prices indicated on the Site are in EUROS TTC (including French taxes), even if the Site gives the possibility to the Buyer to know the equivalent value in another currency; this information remains indicative.
Any order, whatever is its origin, is payable in cash in EUROS.
The Seller reserves the right to modify its prices at any time, the applicable prices were ones current in the order date.
Unless it is made an explicit mention, no reduction will be granted to particular title, and this, whatever the number of ordered Articles, the amount of the order, the seniority of the Buyer or its status, or any other cause.
The Buyer can pay his order by using the one or other one of the means of payment which are proposed to him.
In the case of using the PAYPAL payment system, the payment can be made simply with the bank card of the customer, or by his Paypal account if he is a holder.
The payment is directly realized on the secure server of Paypal. No banking information is transmitted to the Seller.
The Seller is not responsible difficulties of payment bound to the use of Paypal system.
The debit will take place from the recording of the order.
To place order on the Site, the Buyer beforehand has to open an account. The Buyer agrees to supply exact and complete information and to update them.
The order is registered in a definitive way from reception and validation of the completness of the payment. If not, the order is considered as null.
Unless proved otherwise, the data registered by the Sellerconstitute the proof of all the deals with the Buyer.
The Seller reserves the right to cancel or refuse any order, in particular if this one contains erroneous indications, as well as in case of previous disagreements with the Buyer or, generally speaking, under the circumstances being able to damage the good execution of the order.
In case of cancellation of the order on the initiative of the Seller, The Buyer will entirely be paid off within no more than 48 hours following the cancellation of the order.
According to the French Law (articlesL.121-21 to L.121-21-8 of the French Consumer Code), the Buyer has the faculty to withdraw exerçable without having to prove motives, nor to pay penalties, for fourteen (14) days from the date of reception of his order.
Before the expiry of that period, the Buyer who wishes to withdraw will then inform the Seller by email. As from the transmission of his retraction, the Buyer has fourteen (14) days to return , at his own expense, articles to the Seller, in their original packaging and conditioning. The refund, by the Seller, of the Buyer who retracted, gets on of all the sums perceived at the time of the order, including, consequently, the amount of the initial postal charges.
In case of partial retraction concerning one or several articles of the initial order which contained it more, only the value of returned articles will give rise to refund. In every case, the refund of the Buyer will intervene from reception of the article(s) returned, and after control.
Articles which would be damaged or made dirty, or unpacked, will not be paid off and will have returned to the Buyer.
The refund by the Sellerwill be made by the same means as that used by the Buyer during its order, unless otherwisestipulated clerly specified by the Buyer on his retraction email.
Any exchange must first be the subject of a a preliminary request transmitted by email to the Seller at the latest 48 hours following the reception of the article(s) ordered. The request of exchange must be motivated (error of size, bad appreciation of colors, for example). Articles will have returned for exchange only after reception by the Buyer of the agreement of return established by the Seller. The exchanges will give rise exclusively to the exstablishment of an asset to the advantage of the Buyer, this one having then the possibility of proceed to ane command on the Site to replace articles which he wishes to exchange. The Seller transmits this asset to the Buyer from receptio of articles to be exchanged.
Whatever is the reason of return, the direct expenses of return (packaging and port) are chargeable to the Buyer.
Returned articles trave at the peril of the Buyer, the Seller might not be held responsible in case of loss, theft, or any damage.
Articles returned without their original packaging, incomplete, damaged or made dirty, neither will be taken back, nor paid off, even partially. They will remain, of this fact, the property of the Buyer to whom they will sent back at the expense of the Seller.
Articles proposed by the Seller are submitted to the legal guarantees in accordance with French Law (conformity and guarantee towards the latent defects) withe the exception of quite different.
TheBuyer is fully responsible of the use of acquired articles.
The photos of articles, although so faithful as possible, are not contractual. Colors, in particular, remain indicative, the colour rendition by the display system of the Buyer can give rise to variations which the Seller could not master.
The Seller reserves the right, at any time and without advance notice, to modify, to interrupt or to close, definitively or temporarily, the access of the Site, to its contents or to its features.
The Seller, in the same way of the Buyer, cannot be held responsible for damage of all kinds, or for breaches in his obligations, caused by events escaping his reasonable control, in particular and not restrictively: stikes, industrial disputes, social unrests, wars, attempts,fires, floods, natural disasters, deficiences or delays of the means of telecommunication, computing breakdowns, power failures...
It is expressly specified that the total amount of the compensations which the Sellercould be brought to pay to the Buyer, for whatever reason, and subject to bringing the proof of the fault of the Seller, is limited to the sums actually perceived by the Seller in conformance withe the concerned transaction.
The informations and personal data taken in by the Seller are the object of an IT processing and are exclusively intended for an internal use for the processing of the orders and other relations with the Buyer.
The Sellers makes a commitment to never transmit this information to third parties. However, the Buyer admits that the Seller can be brought, according to its legal obligations, toreveal personal data concerning him within the framework of legal procedures.
According to the french law (n° 78-17 of january 6th 1978, modified by the law n° 2004-801 of August 6th 2004) relative to the computing, the files and the liberties, the Buyer has a right of access, rectification and deletion of data concerning him, straight ahead which he can exercise on simple request sent by e-mail to the Seller.
In adherence to French law, the Site made a declaration to the CNIL (Commission Nationale de l'Information et des Libertés - French Data Protection Authority) registered under the number: 1831344 v 0
The present general terms of sale are submitted to the French law, and only the french version is valid.
Any dispute concerning a transaction crossed with the Buyer as well as concerning the interpretation or execution of the present general terms of sale, in cases where no amicable agreement can be reached, will be sumitted to the competent courts of the place of establishment of the seller.