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DEFINITION OF THE PARTIES
Between the Society beau comme un lundi,
3491 ROUTE D’ALBERTVILLE, 5000 €, SEVRIER-FRANCE
with the Social Capital of 5000 €€,
registered in the SEVRIER-FRANCE Trade and Companies Register,
under SIRET number 530 635 226,
represented by Ms. Agnès Lellouche
as Manager,
duly authorized for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the homepage of the site.
Hereinafter the “Seller” or the “Company”.
Firstly,
And the natural or legal person purchasing the company’s products or services,
Hereinafter, “the Buyer”, or “the Customer”
On the other hand,
PREAMBLE
The Seller is a publisher of products and services for Beach bags, shopping bags, tunics, dresses, hats, visors marketed through its website (https://beaucommeunlundi.fr). The list and description of the goods and services offered by the Company can be consulted on the aforementioned site as well as its sales pages.
ARTICLE 1: OBJECT
These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products and Services offered by the Seller.
ARTICLE 2 – GENERAL PROVISIONS
These General Conditions of Sale (GTC) apply to all sales of Products or Services made through the Company’s website and are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these, at any time by the publication of a new version on its website. The general terms and conditions then applicable are those in force on the date of payment (or of the first payment in the event of multiple payments) of the order. These GTCs can be viewed on the Company’s website at the following address: https://beaucommeunlundi.fr/legal. The Company also ensures that their acceptance is clear and unreserved at the time of purchase. The Customer declares to have read all of these General Conditions of Sale, and if applicable the Special Conditions of Sale linked to a product or service, and to accept them without restriction or reservation. The Customer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs. The Customer declares that he is able to contract legally under French law or validly represents the natural or legal person for which he undertakes. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
ARTICLE 3 – PRICES
The prices of products sold through websites are indicated in Euros excluding taxes and precisely determined on the product description pages. They are also indicated in euros all taxes included (VAT + other possible taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and / or French overseas departments and territories, the price is calculated net of tax automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be due in certain cases. These rights and sums are not the responsibility of the Seller. They will be charged to the buyer and are their responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the relevant local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunication costs necessary to access the Company’s websites are borne by the Client. If applicable also, delivery costs.
ARTICLE 4 – CONCLUSION OF THE ONLINE CONTRACT
The Customer must follow a series of steps specific to each Product or Service offered for sale by the Seller to be able to place their order. However, the steps described below are systematic: – Information on the essential characteristics of the Product; – Choice of the Product, if applicable of its options and indication of the essential data of the Customer (identification, address, etc.); – Acceptance of these General Conditions of Sale. – Verification of the elements of the order and, if necessary, correction of errors. – Follow-up of instructions for payment, and payment of products. – Delivery of products. The Customer will then receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these general conditions of sale. For the products delivered, this delivery will be made to the address indicated by the Customer. For the purpose of order fulfillment, the Customer undertakes to provide its true identification elements. The 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, services and their respective prices are made available to the buyer on the company’s websites. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to fulfill the Customer’s order within the limits of available stocks only. Otherwise, the Seller informs 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 a confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the product offer and their prices is specified on the product sales pages, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address communicated). In accordance with legal provisions regarding compliance and hidden defects, the Seller refunds or exchanges defective products or products that do not correspond to the order. The refund can be requested by contacting the Seller by email or simple letter.
ARTICLE 6 – RETENTION OF TITLE CLAUSE
The products remain the property of the Company until full payment of the price.
ARTICLE 7 – TERMS OF DELIVERY
The products are delivered to the delivery address which was indicated when ordering and the time limit indicated. This period does not take into account the time required to prepare the order. When the Customer orders several products at the same time, these may have different delivery times routed in different ways. The Seller makes available a telephone contact point (cost of local communication from a landline) indicated in the order confirmation email to follow up on the order. The Seller recalls that when the Customer physically hangs possession of the products, the risk of loss or damage to the products is transferred to him.
ARTICLE 8 – AVAILABILITY AND PRESENTATION
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers.
ARTICLE 9 – PAYMENT
Payment is due immediately upon order, including for pre-order products. The Customer can pay by credit card or bank check. Secure online payment by credit card is carried out by our payment provider. The information transmitted is encrypted in the rules of the art and cannot be read during transport over the network. Once the payment has been made by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately automatically resolved and the order canceled.
ARTICLE 10 – WITHDRAWAL PERIOD
In accordance with article L. 121-20 of the Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception , where applicable, return costs ”. “The period mentioned in the preceding paragraph runs from the reception for the goods or the acceptance of the offer for the provision of services”. The right of withdrawal can be exercised by contacting the Company by email or telephone. In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the product (s) purchased and the shipping costs will be reimbursed, the return costs remain the responsibility of the Customer. Product returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be re-sold in new condition; if possible, they must be accompanied by a copy of the proof of purchase.
ARTICLE 11 – GUARANTEES
In accordance with the law, the Seller assumes two guarantees: of conformity and relating to the hidden defects of the products. The Seller reimburses the buyer or exchanges products which are apparently defective or do not correspond to the order placed. The refund request must be made by contacting the Sender by email or by simple letter. The Seller recalls that the consumer: – has a period of 2 years from the delivery of the good to act with the Seller – that he can choose between replacing and repairing the good subject to the conditions provided for in the provisions mentioned above. apparently defective or not corresponding – that it is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. – that, except second-hand goods, this period will be extended to 24 months from March 18, 2016 – that the consumer can also assert the guarantee against 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 in the sale price (provisions of articles 1644 of the Civil Code).
ARTICLE 12 – CLAIMS
If necessary, the Buyer can present any complaint by contacting the company by email or by simple letter.
ARTICLE 13 – INTELLECTUAL PROPERTY RIGHTS
The brands, 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 transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
ARTICLE 14 – FORCE MAJEURE
The execution of the seller’s obligations hereunder is suspended in the event of a fortuitous event or force majeure which would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
ARTICLE 15 – NULLITY AND MODIFICATION OF THE CONTRACT
If one of the stipulations of this contract is canceled, this nullity would not result in the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
ARTICLE 16 – GDPR AND PROTECTION OF PERSONAL DATA
In accordance with European regulations on the protection of personal data, you have the rights to query, access, modify, oppose and rectify personal data concerning you. By adhering to these general conditions of sale, you consent to our collection and use of this data for the execution of this contract.
ARTICLE 17 – APPLICABLE LAW
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations which are referred to therein, will be subject to French law.