TERMS OF SALES
Design and production:
this online store was created by GrafiSite
ARTICLE 1 - SCOPE
These General Conditions of Sale (so-called "Terms") apply, without restriction or reservation to all sales concluded by the Seller from non-professional buyers ("Customers or Customer"), wishing to acquire the products offered for sale on the website www.comptoirdestissus.fr.
The products offered for sale on the site are as follows:
Fabrics for cutting and haberdashery
The main characteristics of the products and in particular the specifications, illustrations and indications of dimensions or capacity of the products, are presented on the site www.comptoirdestissus.fr which the customer is required to take knowledge before ordering.
The choice and purchase of a product are the sole responsibility of the customer.
Product offers are subject to availability, as specified when placing the order.
The Terms and Conditions are accessible at any time on the website www.comptoirdestissus.fr and will prevail over any other document.
The Customer declares to have read these General Terms and Conditions and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering process of the website www.comptoirdestissus.fr
Unless proved otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The seller's details are as follows:
MARA TEXTILES, SARL
Share capital of 7622.00 € euros
Registered at the RCS of Haute-Garonne (31), under the number 430 322 487
139 Avenue of the Sers
Phone: 05 61 70 44 68
ARTICLE 2 - PRICES
The products are supplied at the rates in effect on the website www.comptoirdestissus.fr, at the time of registration of the order by the seller.
The prices are expressed in Euros, HT and TTC.
The rates take into account any reductions that would be granted by the seller on the website www.comptoirdestissus.fr
These rates are firm and non-revisable during their period of validity but the seller reserves the right, outside the period of validity, to change prices at any time.
Prices do not include processing, shipping, transport and delivery charges, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including this fee.
An invoice is established by the Seller and delivered to the Customer upon delivery of the ordered products.
ARTICLE 3 - ORDERS
It is up to the Customer to select on the website www.comptoirdestissus.fr the products he wishes to order, according to the following terms:
To order the desired articles, enter in their product sheet by clicking on their photo or their reference, choose the desired quantity and click on "Add to order"
The price of our fabrics are for 10cm of fabrics. If you want 50cm, you have to take 5 quantities. If you want 1m of fabrics, you have to order 10 quantities, etc.
Product offers are valid as long as they are visible on the site, within the limit of available sticks.
The sale will be considered valid only after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and report any errors immediately.
Any order placed on the site www.comptoirdestissus.fr constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over the payment of a previous order.
The Customer will be able to follow the evolution of his order on the site.
Any cancellation of the order by the Customer after its acceptance by the Seller will be possible within 14 days at the most after acceptance of the order by the Seller and until the delivery has not taken place (regardless of the provisions relating to the application or not of the legal right of withdrawal).
ARTICLE 3 A - CUSTOMER AREA - ACCOUNT
In order to place an order, the Customer is invited to create an account (personal space).
To do this, he must register by completing the form that will be offered at the time of his order and undertakes to provide sincere and accurate information about his marital status and contact information, including his email address.
The Customer is responsible for updating the information provided. He is told that he can modify them by logging into his account.
To access his personal space and order history, the Customer must identify himself using his username and password which will be communicated to him after registration and which are strictly personal. As such, the Customer prohibits any disclosure. Otherwise, he will remain solely responsible for the use that will be made.
The Customer may also request unsubscription by going to the dedicated page on his personal space or sending an email to: firstname.lastname@example.org. This will be effective within a reasonable time.
In case of non-compliance with the general terms and conditions of sale and / or use, the site www.comptoirdestissus.fr will have the possibility to suspend or even close the account of a customer after read out addressed electronically and remained ineffective .
Any account deletion, for any reason, will result in the outright deletion of any personal information of the Customer.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in case of maintenance, does not engage the responsibility of the Seller.
The creation of an account entails the acceptance of these general conditions of sale.
ARTICLE 4 - PAYMENT TERMS
The price is paid by way of secure payment, according to the following terms:
- payment by credit card
- or payment by check
- or payment by bank transfer to the Seller's bank account (whose details are communicated to the Customer when placing the order)
The price is payable by the Customer, in full on the day of placing the order.
The payment data is exchanged in encrypted mode using the protocol defined by the authorized payment provider interning for banking transactions carried out on the website www.comptoirdestissus.fr
In case of payment by check, it must be issued by a bank domiciled in France or Monaco.
The cashing of the check is made upon receipt.
Payments made by the Customer will not be considered final until the Seller has actually collected the sums due.
The Seller shall not be obliged to deliver the products ordered by the Customer if it does not pay the price in full under the conditions indicated above.
ARTICLE 5 - DELIVERIES
The products ordered by the Customer will be delivered in metropolitan France
Deliveries occur within 3 to 5 days from the receipt of their payment at the address indicated by the Customer when ordering on the site.
Delivery consists of the transfer to the Customer of physical possession or control of the product. Except special case or unavailability of one or more products, the ordered products will be delivered in one go.
The seller undertakes to make his best efforts to deliver the products ordered by the Customer within the time specified above. However, these deadlines are given as an indication.
If the ordered products have not been delivered within 5 days after the indicative date of delivery, for any reason other than force majeure or the fact of the Customer, the sale can be solved at the written request of the Customer in the conditions laid down in Articles L 216-2, L 216-3 and L 241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deductions.
Deliveries are made by an independent carrier, to the address mentioned by the Customer when ordering and which the carrier can easily access.
When the Customer has himself chosen to use a carrier that he chooses himself, the delivery is deemed made upon delivery of products ordered by the Seller to the carrier who accepted them without reservation. The Customer acknowledges that it is the carrier who is responsible for making the delivery and has no recourse against the seller in the event of failure to deliver the goods transported.
The seller also offers free delivery in one of its stores accessible via the following link or locations: tissue counter - 139 Avenue du Sers - 31140 Saint-Alban France.
In the event of particular request of the Customer regarding the conditions of packing or transport of the ordered products, duly accepted in writing by the Seller, the related costs will be the subject of an additional specific invoicing on estimate previously accepted in writing by the Customer.
The Customer is required to check the status of the delivered products. It has a period of 14 days from delivery to make claims by letter AR, accompanied by all the relevant supporting documents (photos in particular). After this period and failing to comply with these formalities, the products will be deemed compliant and free from defect and no claim may be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at his expense, delivered products whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 et seq. Code of consumption and those provided for in these GTCS.
The transfer of the risks of loss and deterioration relating thereto, will only be realized when the Customer physically takes possession of the products. The products therefore travel at the Seller's risk unless the Customer has himself chosen the carrier. As such, the risks are transferred at the time of delivery of the goods to the carrier.
ARTICLE 6 - TRANSFER OF PROPERTY
The transfer of ownership of the Seller's products to the Customer will only be realized after full payment of the price by the latter, regardless of the delivery date of said products.
ARTICLE 7 - RIGHT OF WITHDRAWAL
According to the terms of Article L221-18 of the Consumer Code "The consumer has a period of fourteen days to exercise his right of withdrawal of a contract concluded at a distance, following a canvassing telephone or out establishment, without having to justify its decision or to bear other costs than those provided for in Articles L 221-23 to L221-25.
The period mentioned in the first paragraph runs from the day
1 ° Of the conclusion of the contract, for the contracts for the provision of services and those mentioned in Article L 221-4;
2 ° The receipt of the goods by the consumer or a third party, in addition to the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good consisting of lots or multiple parts whose delivery is spread over a defined period, the period runs from the receipt of the last good or lot or the last piece.
For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first goods. "
The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other declaration, without ambiguity, expressing the will to retract and in particular by mail addressed the Seller to the postal or email address indicated in ARTICLE 1 of the GTC.
Returns are to be made in their original condition and complete (packaging, accessories,, instructions ...) allowing their re-marketing in new condition, accompanied by the invoice.
Damaged, soiled or incomplete products are not taken back.
The cost of return remains the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within 14 days from the receipt by the Seller, the products returned by the Customer under the conditions provided for in this article.
ARTICLE 8 - RESPONSIBILITY OF SELLER - GUARANTEES
The products supplied by the Seller benefit:
- the legal guarantee of conformity, for the defective products, damaged or damaged or not corresponding to the order,
- the legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the delivered products and rendering them unfit for use.
Provisions relating to legal guarantees:
Article L217-4 of the Consumer Code
"The seller is obliged to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it is was charged to it by the contract or was carried out under its responsibility "
Article L217-5 of the Consumer Code
"The property is in accordance with the contract:
1 ° If it is fit for the customary use of a similar good and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model;
- it has the qualities that a buyer can legitimately expect with regard to the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and the latter has accepted. "
Article L217-12 of the Consumer Code
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods."
Article 1641 of the Civil Code.
"The seller is bound by the guarantee by reason of the hidden defects of the thing sold which renders it unsuitable for the use for which it is intended, or which diminishes the use so much, that the buyer would not have acquired it, or would have given a lower price if he had known them. "
Article 1648 paragraph 1 of the Civil Code
"The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect."
Article L217-16 of the Consumer Code
"When the buyer asks the seller, during the course of the commercial guarantee that has been granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization at least seven days has just been added to the duration of the warranty that remained to run.This period runs from the request for intervention of the buyer or the provision for repair of the property in case, if this provision is subsequent to the request for intervention. "
In order to assert his rights, the Customer must inform the Seller, in writing (mail or mail), the non-conformity of products or the existence of hidden defects from their discovery.
The seller will refund, replace or have repaired products or parts under warranty deemed not to conform to the defective.
The shipping costs will be refunded on the basis of the invoiced rate and the return costs will be reimbursed upon presentation of receipts.
Refunds, replacements or repairs of products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days of the finding by the Seller of the lack of conformity or hidden defect. This refund can be made by bank transfer or check.
The Seller's liability can not be incurred in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check
- in case of misuse for professional purposes, negligence or lack of maintenance on the part of the Customer, as in case of normal wear of the product, accident or force majeure.
- The photographs and graphics presented on the site are not contractual and can not engage the responsibility of the Seller.
The Seller's warranty is, in any event, limited to the replacement or refund of non-compliant or defective products.
ARTICLE 9 - COMPUTERS AND FREEDOMS
Pursuant to Law 78-17 of 6 January 1978, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the preparation of invoices, in particular.
These data can be communicated to the possible partners of the Seller responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the site www.comptoirdestissus.fr has been declared to the CNIL, number ___________________
The customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification and opposition regarding the information concerning him.
This right may be exercised in the manner described in the "legal notices" section of the website www.comptoirdestissus.fr
ARTICLE 10 - INTELLECTUAL PROPERTY
The content of the site www.comptoirdestissus.fr is the property of the Seller and its partners and is protected by French and international law relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute a forgery offense.
ARTICLE 11 - APPLICABLE LAW - LANGUAGE
These Terms and the resulting transactions are governed by and subject to French law.
These Terms are written in French mango. In the event that they are translated into one or more foreign languages, only the French text will prevail in case of dispute.
ARTICLE 12 - DISPUTES
For any complaint thank you to contact the customer service at the postal address or email of the Seller indicated in ARTICLE 1 of these Terms.
The Client is informed that he may in any case resort to a conventional mediation, with existing sectorial mediation bodies or any alternative dispute resolution in case of dispute.
All disputes to which the purchase and sale transactions concluded in application of the present GTCS and which would not have been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts in the conditions of right. common.
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.comptoirdestissus.fr except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Terms of Sale.
For the attention of SARL, MARA TEXTILES
139 Avenue du Sers - 31140 SAINT-ALBAN - France
I hereby notify the withdrawal of the contract for the property below:
- Order from (indicate date):
- Order number: ............................................ ..
- Client name : ............................................. .................
- Customer's address: ............................................. ............
Signature of the client (only in case of notification of this form on paper)