Preamble The online store of the peaudevache.com website was set up by MMO SARL, which is the operator of this site. Any order placed for a product listed in the online store of the peaudevache.com website requires prior consultation of these general terms and conditions. Consequently, the consumer acknowledges being fully informed of the fact that his agreement concerning the content of these general terms and conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented in the website store. The consumer has the option of saving or editing these general terms and conditions, it being specified that both the saving and the editing of this document are his sole responsibility. The online store set up by MMO SARL as part of the website mentions the following information: presentation of the essential characteristics of the goods offered indication of payment and delivery terms the existence of a right of withdrawal The consumer declares that he has full legal capacity to enter into a commitment under these general conditions. Article 1: Entirety These general terms and conditions express the entirety of the parties' obligations. In this sense, the consumer is deemed to accept without reservation all of the provisions provided for in these general terms and conditions. No general or specific condition appearing in the documents sent or delivered by the consumer may be incorporated into these terms and conditions, if these documents are incompatible with these general terms and conditions. Article 2: Purpose The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by peaudevache.com to the consumer. Article 3: Contractual documents This contract is formed by the following contractual documents, presented in descending hierarchical order: these general conditions the purchase order In the event of any contradiction between the provisions contained in documents of different rank, the provisions of the higher-ranking document shall prevail. Article 4: Entry into force - duration These general conditions come into force on the date of signature of the purchase order. These general conditions are concluded for the duration necessary for the supply of the goods and services subscribed to, until the extinction of the guarantees due by peaudevache.com. Article 5: Electronic signature The consumer's "double click" on the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature. Article 6: Order confirmation The contractual information will be confirmed by email at the latest at the time of delivery or, failing that, to the address indicated by the consumer on the order form. Article 7: Proof of the transaction The computerized records, stored in the peaudevache.com computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof. Article 8: Product information - a: peaudevache.com presents on its website the products for sale with the necessary characteristics which allow compliance with article L 111-1 of the Consumer Code, which provides the possibility for the potential consumer to know before the final order the essential characteristics of the products he wishes to purchase. - b: The offers presented by peaudevache.com are only valid while stocks last, except for special or on-demand production. Article 9: Price not applicable Article 10: Method of payment To pay for his order, the consumer has the choice of all the payment methods referred to in the order form. The consumer guarantees peaudevache.com that he has the authorizations that may be necessary to use the payment method chosen by him, when validating the order form. peaudevache.com reserves the right to suspend any order management and any delivery in the event of refusal of payment authorization by officially accredited organizations or in the event of non-payment. peaudevache.com reserves the right in particular to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute is currently being administered. We do not store any credit card data in our database. The available payment methods and the conditions relating to these payments are available on our "Payment Methods" page. Article 11: Availability of products As far as possible, we process orders within 72 working hours. However, and given the fact that several orders are likely to be taken into account simultaneously, peaudevache.com cannot be held responsible and penalized in any way whatsoever, in the event of a stock shortage on the products it offers on the site. In the event of unavailability of the product ordered, in particular due to our suppliers, the consumer will be informed as soon as possible and will have the possibility of canceling his order. The consumer will then have the choice of requesting either the reimbursement of the sums paid within 30 days at the latest of their payment, by Email to info@peaudevache.com or the exchange of the product. Article 12: Delivery terms The products are delivered to the address indicated by the consumer on the order form. The consumer is required to check the condition of the packaging of the goods upon delivery and to report any damage caused by the carrier on the delivery note, as well as to peaudevache.com, within one week. The consumer may, upon request, obtain the sending of an invoice to the billing address and not to the delivery address. Regarding shipping, we work mainly with La Poste. As soon as we proceed with a shipment, you will immediately receive an email informing you. Small or medium-sized products are shipped by a postal service: Colissimo Suivi - Chronopost. This service delivers within 48 hours throughout France and offers you the possibility of collecting the products ordered from your post office closest to the delivery address in the event of absence from the initial delivery location when the postman presents himself. In concrete terms, if you are absent on the day of delivery, your postman will leave you a delivery notice in your mailbox, which will allow you to collect your parcel from your post office during opening hours, within 15 days. Colissimo Suivi is a very reliable service. However, as with any shipment, it is possible that there may be a delay in delivery or that the product may go astray. In the event of a delay in delivery compared to the date we indicated in the shipping email, we ask you to notify us of this delay by sending us an email. We will then contact the Post Office to start an investigation. A Post Office investigation can last up to 21 days from the start date of the investigation. If during this period, the product is found, it will be immediately re-routed to your home (in the majority of cases). If, on the other hand, the product is not found at the end of the 21-day investigation period, the Post Office considers the parcel to be lost. Only then can we send you a replacement product, at our expense. If the product(s) ordered were no longer available at that time, we would refund you the amount of the products affected by the carrier's loss, as well as the shipping costs. If the product(s) were still available, but had changed their sale price on the site, we would apply the new sale prices, either by reimbursing you by check for the difference, or by requesting an additional check for this price difference. We decline all responsibility for the extension of delivery times due to the carrier, in particular in the event of loss of products or strikes. Article 13: Delivery problems due to the carrier Any anomaly concerning the delivery (damage, product missing compared to the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of "handwritten reservations", accompanied by the customer's signature. The consumer must also confirm this anomaly by sending the carrier within two (2) working days following the delivery date a registered letter with acknowledgment of receipt setting out the said complaints. The consumer must send a copy of this letter by fax or by simple mail to: MMO/peaudevache.com– La charpenterie – 14220 Curcy sur Orne - France Article 14: Delivery errors 14-a : The consumer must make any claim for delivery errors and/or non-conformity of the products in nature or quality with the information on the order form to peaudevache.com on the same day of delivery or at the latest on the first working day following delivery. Any claim made after this deadline will be rejected. 14-b : The formulation of this complaint to peaudevache.com may be made in the form of: electronic mail to info@peaudevache.com or by mail to the following address: MMO/peaudevache.com – La charpenterie – 14220 Curcy sur Orne - France 14-c : Any claim not made in accordance with the rules defined above and within the time limits specified cannot be taken into account and will release peaudevache.com from any liability towards the consumer. 14-d : upon receipt of the complaint, peaudevache.com will assign an exchange number for the product(s) concerned and will communicate it by email, fax or telephone to the consumer. The exchange of a product can only take place after the assignment of an exchange number to the consumer according to the procedure presented above. 14-e : In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to peaudevache.com in its entirety and in its original packaging, by Colissimo Recommandé, to the following address: MMO/peaudevache.com– La charpenterie – 14220 Curcy sur Orne - France. To be accepted, any return must be reported in advance to peaudevache.com Customer Service. Article 15: Product warranty In accordance with Article 4 of Decree No. 78-464 of March 24, 1978, the provisions hereof cannot deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of hidden defects in the thing sold. The consumer is expressly informed that peaudevache.com is not the producer of the products presented on the website, within the meaning of Law No. 98-389 of May 19, 1998 and relating to liability for defective products. Consequently, in the event of damage caused to a person or property by a defect in the product, only the liability of the producer of the product may be sought by the consumer, on the basis of the information appearing on the packaging of said product. The conditions and duration of the producer's warranty are indicated on the product sheets. Given the frequency of renewal of the components of technical products, peaudevache.com may, upon request, inform the consumer of the availability of spare parts for the products offered and the methods for obtaining them if necessary. .Article 16: Right of withdrawal The consumer has a period of 14 working days to return products that do not suit him. This period starts on the day of delivery of the consumer's order. If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day. This right of withdrawal does not apply to products made to measure or on demand , in accordance with what is indicated on the product description sheet. For custom-made carpets, a simulation of the carpet in color is provided in the order confirmation email. Return costs are covered by PeauDeVache.com, provided that the package has been delivered or collected from its relay point; in the case of an unclaimed or uncollected package, the return costs will be deducted from the refunded amount. Any return must be reported in advance to the peaudevache.com Customer Service by Email (info@peaudevache.com) or by telephone. A return number will then be assigned to the product. The product is returned by Colissimo Recommandé or Mondial Relay parcel; the return label is provided by PeauDeVache.com . Only products in stock will be taken back; products made to order or indicated as such on the description sheet are excluded from this right . The products concerned by this right will be returned in their entirety, in their original packaging complete and intact, and in perfect condition for resale. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged. This right of withdrawal is exercised without penalty. In the event of exercising the right of withdrawal, the consumer has the choice of requesting either the reimbursement of the sums paid, or the exchange of the product. In the case of an exchange, the reshipment will be at the consumer's expense. In the event of exercising the right of withdrawal, peaudevache.com will make every effort to reimburse the consumer within 15 days. However, given the technical nature of the products sold, this period may be extended to 7 weeks, in particular when the product requires technical verification. The consumer will then be reimbursed by crediting their bank account (secure transaction) in the event of payment by bank card, or by check in other cases, or any other means depending on any technical constraints. Article 17: Rights of use Not applicable Article 18: Force majeure Neither party will have failed in its contractual obligations, to the extent that their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Any irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as fortuitous events or force majeure. The party affected by such circumstances will notify the other within ten working days following the date on which it becomes aware of them. The two parties will then come together, within one month, unless impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure event lasts for more than three months, these general conditions may be terminated by the injured party. The following are expressly considered to be cases of force majeure or unforeseeable circumstances, in addition to those usually accepted by the case law of French courts and tribunals: o the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; o the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers. Article 19: Partial non-validation If one or more provisions of these general 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 provisions shall retain their full force and scope. Article 20: Non-waiver The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question. Article 21: Title In the event of any difficulty of interpretation between any of the headings appearing at the head of the clauses, and any of the clauses, the headings shall be declared non-existent. Article 22: Protection against fraud Any attempted fraud, for any amount and whatever its origin, will be subject to criminal prosecution (filing of a complaint with the Public Prosecutor). All data collected about you will then be forwarded to the Public Prosecutor's Office for investigation. No attempt at amicable conciliation will be accepted. Reminder of the terms of Article 313-1 of the Criminal Code: Fraud is the act, either by using a false name or a false capacity, or by the abuse of a true capacity, or by the use of fraudulent maneuvers, of deceiving a natural or legal person and thus determining them, to their detriment or to the detriment of a third party, to hand over funds, securities or any property, to provide a service or to consent to an act operating as an obligation or discharge. Fraud is punishable by five years' imprisonment and a fine of €380,000. Return costs are covered by PeauDeVache.com. |