General Terms and Conditions of Sale
ARTICLE 1 - GENERAL PROVISION
ARTICLE 2 - PRICES
The Products are supplied at the rates in effect on the website www.poupadou.com, at the time of registration of the order by the Seller.
The prices are expressed in Euros, HT (without taxes) and TTC (all taxes included).
The rates take into account possible reductions that would be granted by the Seller on the site www.poupadou.com.
These prices are firm and not 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 these costs.
An invoice is established by the Seller and delivered to the Customer upon delivery of the Products ordered.
ARTICLE 3 - ORDERS
It is up to the Customer to select on the site www.poupadou.com the Products he wishes to order, according to the following modalities:
1. The Customer chooses a Product that he puts in his basket, Product that he can delete or modify before validating his order and accept these general terms and conditions of sale.
2. He will then enter his coordinates or connect to his space and choose the delivery method.
3. After validation of the information, the order will be considered final and will require payment from the Customer according to the terms and conditions.
Product offers are valid as long as they are visible on the site, while stocks last.
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.poupadou.com 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.
ARTICLE 4 - PAYMENT TERMS
The price is paid by way of secure payment, in one of the following ways:
- payment by credit card
- payment by Paypal
- 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 service provider for banking transactions carried out on the website www.poupadou.com.
Payments made by the Customer will not be considered final until the Seller has actually collected the sums due.
The Seller will not be obliged to proceed to the delivery of the Products ordered by the Customer if he 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 (including Corsica and littoral islands).
Deliveries occur within 2 to 20 working days after receipt of 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 in the special case or unavailability of one or more Products, the Products ordered will be delivered at one time.
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 Products ordered have not been delivered within 20 days after the indicative date of delivery, for any reason other than force majeure or the fact of the Customer, the sale may 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. No dispute relating to the delivery itself will be possible if the package appears to have been delivered, the carrier's computer system serving as proof.
In the event of particular request of the Customer concerning the conditions of packing or transport of the ordered products, duly accepted in writing by the Seller, the related costs will be the object 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. Without prejudice to the delays available to the Customer under his right of withdrawal as specified in Article 7, it is the Customer's responsibility to:
• Open the package (s) in the presence of the delivery person,
• Enter any detailed handwritten reservation on the Delivery Note. The reservations made by the recipient at the time of delivery constitute evidence of the existence and the importance of the damage, the Customer must therefore take care to be precise in the drafting of these (the mention "subject to unpacking" can not be taken into account because too imprecise and general),
• Notify the Seller by e-mail or registered mail within three (3) business days of delivery of the Order. After this period and failing to comply with these formalities, the Products will be deemed compliant and free from defects and no claim may be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at his own expense Products delivered 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 and following of Code of consumption and those provided for in these Terms.
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 L. 221-18 of the Consumer Code "The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a canvassing telephone or out of business, without having to justify its decision or to bear other costs than those provided for in Articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph runs from the day
1 ° The conclusion of the contract, for service contracts and those mentioned in Article L. 221-4;
2 ° The receipt of the goods by the consumer or a third party, other than 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.
We inform the Customer that in accordance with Article L. 121-20-2 of the Consumer Code, this right of withdrawal can not be exercised for consumer products whose expiry date.
Returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing their remarketing 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 30 days from the receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
ARTICLE 8 - RESPONSIBILITY OF SELLER - GUARANTEES
Products supplied by the Seller benefit from:
• the legal guarantee of conformity, for the defective Products, damaged or damaged or not corresponding to the order,
• the legal warranty against hidden defects arising from defects in material, design or workmanship affecting the delivered products and rendering them unfit for use,
Provisions relating to legal warranties
Article L. 217-4 of the Consumer Code
"The seller is obliged to deliver a good in accordance with the contract and responds to defects 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 was charged to it by the contract or was carried out under its responsibility. "
Article L. 217-5 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 given the public statements made by the seller, the producer or his representative, including advertising or labelling;
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 that the latter has accepted. "
Article L. 217-12 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 latent defects must be brought by the purchaser within two years from the discovery of the defect. "
Article L. 217-16 of the Consumer Code.
"When the buyer asks the seller, during the course of the commercial guarantee which has been granted to him during the acquisition or the repair of a movable property, a restoration covered by the guarantee, any period of immobilization at least seven days is added to the duration of the warranty that remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, 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 letter), the non-compliance of the Products or the existence of hidden defects from their discovery.
The Seller will refund, replace or have repaired Products or parts under warranty deemed non-compliant or 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 the Products found to be non-compliant or defective will be made as soon as possible and at the latest within 30 days following the finding by the Seller of the lack of conformity or the 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, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such 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.poupadou.com has been declared to the CNIL under number 2173509 v 0.
The Customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification and opposition regarding the information concerning him.
This right can be exercised according to the terms described in the "legal notices" section of www.poupadou.com.
ARTICLE 10 - INTELLECTUAL PROPERTY
The content of the site www.poupadou.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute a forgery offense.
The Poupadou brand is registered with the INPI under number 17 4 398 763
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. In the event that they are translated into one or more foreign languages, only the French text would be valid 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.
In the event of failure of the request for complaint with the Customer Service or in the absence of answer of this service within two months, the Customer can submit the dispute opposing it to the Seller to the mediation with the CCI Alsace Eurométropole. The Client and the Seller remain free to accept or refuse the use of mediation and, in case of recourse to mediation, to accept or reject the solution proposed by the mediator.
Contact details of the mediator: CCI Alsace Eurométropoletél: 03 88 75 25 23 email: firstname.lastname@example.org
The Client is also informed that in the event of a cross-border dispute he may use the Online Dispute Resolution Platform (RLL) set up by the European Commission: https://webgate.ec.europa.eu/odr/main /index.cfm?event=main.home.show
All disputes to which the purchase and sale transactions concluded pursuant to these Terms and which have not been the subject of a friendly settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of right common.
ARTICLE 13 - SALE OF ALCOHOL
In accordance with Article L. 3342-1 of the French Public Health Code, the sale of alcoholic beverages to minors under the age of eighteen (18) is prohibited. The Customer declares and agrees to be eighteen (18) years old at the date of the order.
The acceptance of the order implies for the Customer the recognition of the respect of the French regulations:
"Alcohol abuse is dangerous for your health, consume with moderation";
"Alcohol should not be consumed by pregnant women";
"The sale of alcohol is prohibited to minors";
"You certify that you have the legal age and legal capacity to buy on this website".
This form must be completed and returned only if the Customer wishes to retract the order placed on www.poupadou.com except exclusions or limitations to the exercise of the right of withdrawal according to the applicable Terms of Sale.
To the attention of SARL POUPADOU, 7 route du Petit Rhin 67100 Strasbourg 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)