General terms and conditions of sale
Association La Chandelle Verte (hereinafter referred to as "ALCV"), a non-profit cultural association governed by the French law of July 1, 1901, domiciled at 30 rue Victor Hugo, 77400, Lagny-sur-Marne, France, registered with the Préfecture de Seine-et-Marne under number W771020400 and bearing SIRET number 912 986 528 00012
and
any individual of legal age (hereinafter referred to as "the Customer"), non-trading, with the legal capacity to contract, exclusively domiciled in the countries supplied by the www.boutique-lachandelleverte.org site, who purchases a product(s) from the same site.
For the purposes hereof, it is agreed that the Customer and ALCV will be collectively referred to as the "Parties" and individually referred to as the "Party".
The present general terms and conditions (hereinafter referred to as "GTC") govern, without restriction, the sale of products by ALCV from its online store site.
ALCV reserves the right to modify these GCS at any time by publishing a new version on its site. The applicable GCS are those in force on the site on the date the order is placed by the Customer, it being specified that any order for a product offered on the site implies the Customer's full and entire acceptance of the GCS in force at the time the order is placed.
ARTICLE 1 • PURPOSE
The purpose of these General Terms and Conditions is to define the conditions under which products are marketed by ALCV to the Customer. They regulate the various stages of the sale: from the placing of the order by the Customer to the receipt of the order by the Customer.
ARTICLE 2 • PRODUCTS
The products offered for sale by ALCV are those listed on the site on the day of consultation by the Customer. Each product will be the subject of a description sheet which, in addition to its photograph, will contain its price, dimensions, composition and any special characteristics. Minor differences between a product and its photograph may exist, depending in particular on the resolution and color definition of the user's screen.
ALCV undertakes to supply products that comply with current regulations on personal health and safety, in accordance with European provisions, and in particular with legislation on the various regulated chemical substances (materials, inks, treatments).
ALCV points out, however, that the majority of products are produced using traditional printing and manufacturing processes, which may result in slight irregularities that cannot be considered defects.
ARTICLE 3 • NOT SUBJECT TO VAT AND PRICES
ALCV is a non-profit cultural association governed by the French law of July 1, 1901. As such, it is not subject to commercial taxes, including VAT. Prices are therefore indicated in euros (€) without tax (this is how the invoice is worded), and excluding delivery charges, which are to be determined subsequently.
The prices applied are those communicated on the site and confirmed to the Customer when the order is validated.
Any delivery charges are communicated to the Customer on the order summary before the order is validated, and are also expressed in euros (€) without tax. These costs are payable by the Customer and are invoiced in addition to the sale price of the products.
The transfer of the risks of loss and deterioration of the Products will take place after delivery and receipt of the Products by the Customer.
ARTICLE 4 • DISCOUNT FOR MEMBERS
ALCV offers its members a 20% discount on its creations and services. To benefit from this discount, members must enter a code when placing their order.
This code is strictly personal and cannot be used by third-party customers.
ALCV reserves the right to block any customer order placed with a member discount code used fraudulently. In this case, the payment of a membership will be proposed by email to the Customer. If no reply is received within thirty (30) days, the order will be cancelled and deemed null and void. The total amount will be credited back to the Customer's credit card, including any delivery charges.
ARTICLE 5 • ORDERING AND PAYMENT FOR PRODUCTS
5.1 PLACING AN ORDER
The Customer places an order by completing the following 5 steps:
Step 1: the Customer selects the products and adds them to his/her basket.
The basket at the top right of the screen informs the Customer of the number of products it contains.
Step 2: The customer checks the contents of his basket by clicking on "order" to access the order summary. The customer can then modify the order.
Step 3: Once the order has been checked and, if necessary, modified, the Customer validates his/her basket in order to finalize the order by clicking on "order" again.
If the Customer has a discount code, in particular a membership code, he/she must enter it in the space provided in order to benefit from it.
Step 4: Customer enters delivery and billing details.
With the exception of the date of birth, additional address and delivery information, all fields are required to finalize the order. Unless otherwise specified by the Customer, the billing address will automatically be the same as the delivery address.
Once the delivery address has been validated, the total amount of the order, excluding VAT, distinguishing on the one hand the price due for the Products, and on the other hand the delivery charges, if applicable, is then indicated in the summary.
If the customer has already placed an order on the site, he/she will have a customer account. In this case, he/she will identify himself/herself only with his/her e-mail address and password.
The Customer then checks all the information and clicks on "validate" to continue with the order.
The Customer expressly undertakes to provide complete and accurate information. In the event of an error in the delivery address or incomplete information making delivery of an order impossible, ALCV cannot be held responsible.
Step 5: Enter bank details.
The customer then accesses the secure payment screen of ALCV's partner, as specified in article 5.3 below.
Payment is made online using one of the following payment methods: Carte Bleue, Visa, Mastercard, American Express, Paypal.
Customers must enter their credit card number, the date of validity and the 3 numbers of the visual cryptogram on the back of their card.
If payment is accepted, the Customer will be redirected to an order confirmation screen on the site.
If payment fails, the Customer will have up to 3 attempts to re-enter his/her bank details. After the 3rd refusal, the Customer will be redirected to a screen on the site indicating that payment has been refused. The Customer will then be invited to contact ALCV's customer service department to find out the reasons for the refusal, and to work together to find a solution for finalizing the order.
5.2 ORDER CONFIRMATION
As soon as payment has been accepted, the Customer will receive an e-mail confirming the order, summarizing all the items ordered, the billing and delivery address, and an indication of the delivery date.
Validation of the order by the Customer and the order confirmation sent to the Customer by e-mail by ALCV following acceptance of payment constitute the conclusion of a sales contract between the Parties and acceptance of the GCS.
Customer who have placed an order will be able to print their invoice by logging on to the site in the order tracking area provided for this purpose.
ALCV reserves the right not to validate the order in the event of :
- abnormal or abusive complaints ;
- abnormal orders with regard to quantities ordered;
- abnormal or abusive exchanges and returns;
- existing dispute(s) with the customer.
The Customer Service Department at www.boutique-lachandelleverte.org ("Contact") is available to answer any questions the customer may have concerning the order.
5.3 PAYMENT
The price of products purchased is payable in full on the day the order is placed by the Customer. Payment is made online by the following methods (Carte Bleue, Visa, Mastercard, American Express or Paypal) at the time the order is validated by the Customer.
Transactions carried out on the site are secured by the payment system of ALCV's partner, recognized by the main players in the financial world. This solution has been developed so that you can make your payments in an ergonomic, user-friendly environment, with optimum security and respect for privacy.
The direct debit authorization request is made at the time of order validation on the site, except in the event of server unavailability. ALCV reserves the right to make a new direct debit authorization request in the event that the first request is unsuccessful due to server unavailability.
In the event of non-payment, incorrect address or any other problem with the Customer's account, ALCV reserves the right to block the Customer's order until the problem has been resolved.
In the event of fraudulent use of his bank card on the site, the Customer is invited to contact ALCV.
Transactions carried out on the site are secured by the payment system of ALCV's partner, SHOPIFY.
All information exchanged to process payment is encrypted using SSL (Secure Socket Layer) protocol. This data cannot be detected, intercepted or used by third parties. At no time do the customer's financial data pass through ALCV's computer system.
5.4 ORDER ARCHIVING
The order confirmation is recorded on ALCV's registers, which are themselves kept on a reliable and durable medium. The Customer accepts that the order confirmation shall be considered as proof of the contractual relations between the Parties.
ARTICLE 6 • DELIVERY
ALCV undertakes to use its best efforts to deliver the products ordered within the times indicated at the time of order confirmation. In order for these deadlines to be met, the Customer must ensure that he has provided accurate and complete information concerning the delivery address.
The Customer will be informed by email as soon as possible of any delay in delivery. In such a case, the Customer will also be informed by e-mail of the new delivery date.
Deliveries are made by the French postal service (Colissimo).
Products sold on the site are delivered to countries covered by the French freight forwarding company Colissimo. Depending on precarious sanitary or geopolitical conditions, Colissimo may have to suspend parcel deliveries to certain destinations (👁). Lastly, certain countries on the list of international economic sanctions published by the French Ministry of the Economy, Finance and Industrial and Digital Sovereignty are not delivered (👁).
Delivery times vary according to the availability of the products ordered and, above all, the place of delivery.
Products ordered on the site remain the property of ALCV until they are delivered to the address indicated by the Customer. All risks relating to the products ordered (including the risks of loss and/or damage to the products) will be transferred to the Customer at the time of delivery.
For orders outside France, once the parcel intended for export reaches its destination, it will be the responsibility of the recipient to pay any taxes or customs duties applicable in the destination country. Local authorities can provide useful information on this subject.
ARTICLE 7 • RECEIPT OF ORDER - COMPLAINTS - RETURNS
The customer is obliged to check the conformity of the products received in fulfilment of the order at the time of delivery. Any anomaly concerning the delivery such as :
- damaged package,
- missing products,
- damaged products,
- products not conforming to the order,
must be notified within 14 days of receipt of the order, imperatively with several photographic proofs.
This notification will be sent to ALCV's Customer Service Department either :
- by email to info@boutique-lachandelleverte.org;
- via the Contact tab on the site;
- by registered mail, by writing to Association La Chandelle Verte, 30 rue Victor Hugo, 77400, Lagny-sur-Marne, France.
After this period, and except for hidden defects, no claim will be accepted by ALCV, the products then being deemed to be in conformity.
For any return of a non-conforming product, the Customer must comply with the following procedure:
- enclose a letter with their contact details and order number explaining the reasons for the return;
- correctly package the products in their original presentation, with their label and any accessories enabling them to be sold again.
(In the event of incomplete or damaged returns, refunds will not be accepted. The risks and costs of return are the exclusive responsibility of the Customer).
Once the non-conformity has been established, ALCV will propose to the Customer :
- either replacement of the product(s) at ALCV's expense ;
- or reimbursement of the returned product(s).
In the event of reimbursement, ALCV will reimburse all products returned as non-conforming, as well as the shipping costs incurred, with the exception of taxes and customs duties paid by the customer at the time of delivery.
Cash-on-delivery returns are not accepted. Upon receipt of a non-conforming item, ALCV will reimburse the cost of return postage in accordance with the rates (Colissimo delivery without recorded delivery) posted by La Poste on March 1st of the current year. The customer must send proof of the return costs incurred to Customer Service, by email or post.
In the event of abnormal or abusive complaints, ALCV may refuse to serve a subsequent order.
ARTICLE 8 • RIGHT OF WITHDRAWAL
The Customer has a period of fourteen (14) calendar days from the date of receipt of his order to return all or part of the products ordered, without justification or penalty (👁).
For any return within the framework of the right of withdrawal, the procedure below must imperatively be respected:
- the Customer must enclose a letter with his/her contact details and order number indicating that he/she is exercising his/her right of withdrawal;
- products must be correctly packaged and returned in perfect condition, in their original packaging, with their label and any accessories;
- the risks and costs of return delivery shall be borne exclusively by the Customer.
Subject to the above conditions, ALCV will reimburse the Customer for the amount of the order, i.e. :
- the price of the product(s) returned if the Customer does not return the entire order;
- the price of the product(s) and delivery costs incurred if the Customer returns the entire order.
The Customer's bank account will be credited with the said amount within thirty (30) days of receipt of the Products by ALCV.
ARTICLE 9 • LIMITATION OF LIABILITY
Placing an order on the site implies knowledge and acceptance of the procedures in force on the Internet network, in particular with regard to technical performance, response times, connection times, queries or transfers of information, risks of interruption, risks of contamination by viruses circulating on the network and, in general, all risks associated with the use of the Internet network.
ALCV cannot be held responsible for any direct or indirect damage resulting from misuse or incidents linked to the use of the computer, access to the Internet, maintenance or malfunction of servers, telephone lines or any other technical connection, as the Customer's connection to the site is made under his/her sole responsibility.
ARTICLE 10 • FORCE MAJEURE
ALCV shall not be liable for the total or partial non-performance of its obligations under the order placed by the Customer, if such non-performance is caused by an event constituting a case of force majeure as defined by positive law.
In such a case, ALCV will inform the Customer by e-mail of the occurrence of such an event within 3 (three) clear days of its occurrence.
After a period of 1 (one) month, and in the event that the event constituting a case of force majeure persists, the order will be cancelled and will, where applicable, be subject to reimbursement by ALCV to the bank card used to place the order within a maximum period of 30 (thirty) days.
ARTICLE 11 • APPLICABLE LAW
In the event that any of the terms of these GCS should be declared null and void, illegal or unenforceable by a court decision, the other provisions of the GCS shall remain in force.
The GCS shall be executed and interpreted in accordance with French law.
In the event of a dispute, the customer shall first contact ALCV to obtain an amicable solution. Failing agreement, the Courts of Common Law shall have sole jurisdiction.
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