General terms and conditions of sale
Vanessa AZZOPARDI, registered in the Chamber of Commerce, under the number SIRET 151770478900026 represented by Mrs Vanessa AZZOPARDI as a self-entrepreneur duly authorized for the purposes of this.
The company can be reached by email firstname.lastname@example.org.
Below is the “Seller” or the “Company.” On the one hand, and the individual or corporation purchasing the company’s products or services, ‘The Buyer’, or ‘The Customer’ On the other hand,
It was outlined and agreed to:
The Seller is publisher of Beautiful Day Products and Services for consumers, marketed through its websites (https://beautifulday-shop.com). The list and description of the goods and services offered by the Company can be found on the aforementioned sites.
NOTE: The activity of the company is presented and explained as well as the destination of the products – these obligations are imposed by art. L111-1 consocode.
Article 1: Object These Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products or Services offered by Beautiful Day.
Article 2: General Provisions These General Terms of Sale (CGV) govern the sales of Products or Services, made through the Company’s websites, and are an integral part of the Buyer’s and Seller’s Contract. They are fully opposed to the Buyer who accepted them before ordering.
The Seller reserves the possibility to modify these, at any time by publishing a new version on its website. The CGVs applicable then are those that apply on the date of payment (or the first payment in case of multiple payments) of the order. These GVCs can be found on the Company’s website at beautifulday-shop.com/cgv .
The Company also ensures that their acceptance is clear and unqualified by setting up a checkbox and a validation click. The customer declares to have read all of these general terms and conditions of sale, and, where applicable, special conditions of sale related to a product or service, and accept them without restriction or reservation.
The customer acknowledges that he has benefited from the necessary advice and information in order to ensure the adequacy of the offer to his needs.
The client declares to be able to contract legally under French laws or validly represent the natural or legal person for whom he undertakes.
Unless there is evidence to the contrary, the information recorded by the Company is evidence of all transactions.
Article 3: Price The prices of products sold through websites are shown in Euros TTC and precisely determined on the product description pages. They are also shown in euros all taxes included (VAT – other possible taxes) on the order page of the products, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is calculated tax-free automatically on the invoice. Tariffs or other local taxes or import duties or state taxes may be payable in some cases. These rights and sums are not within the Purview of the Seller. They will be the responsibility of the buyer and are responsible (declarations, payment to the competent authorities, etc.). As such, the Seller invites the buyer to inquire about these aspects with the relevant local authorities. The Company reserves the option to change its prices at any time for the future. The telecommunications costs required to access the Company’s websites are the responsibility of the Customer. If so, also, the delivery fee.
Article 2.1: Price – example of illegal clause The Company reserves the option to change the prices of products purchased by the consumer in particular for subscriptions at any time – these will be freely determined by the Seller later, as the services evolve.
Article 4: conclusion of the online contract In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to be able to carry out his order: – Information on the essential characteristics of the Product; Product selection, if any, of its options – Indication of the customer’s essential contact information (identification, email, address,); Acceptance of these General Terms of Sale – Checking the elements of the order (double click formality) and, if necessary, correcting errors. Before making its confirmation, the Buyer has the opportunity to check the details of his order, its price, and correct any errors, or cancel his order. Confirmation of the order will take this contract. Then, follow the instructions for payment, payment of the products, then delivery of the order. The Customer will receive confirmation by email of payment of the order, as well as an acknowledgement of the receipt of the order confirming it. He will receive a .pdf copy of these terms and conditions of sale.
During the ordering process, the customer will have the ability to identify and correct any errors in the data entry. The language proposed for the conclusion of the contract is the French language.
The terms of the offer and the terms and conditions of sale are sent back by email to the buyer at the time of the order and archived on the Seller’s website.
The archiving of communications, order, order details, and invoices is carried out on a reliable and durable medium so as to constitute a faithful and lasting copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the contract.
For the products delivered, delivery will be made at the address indicated by the customer. For the purpose of making the order successful, the Customer undertakes to provide truthful identification. The Seller reserves the option of refusing 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, as well as, if any, how the product is used. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by way of marking, labelling, displaying or by any other appropriate process, of the prices and conditions of the sale and performance of services prior to any conclusion of the sale agreement. In all cases, the total amount owed by the Buyer is shown on the confirmation page of the order. The sale price of the product is the current price indicated on the day of the order, which does not include the additional port fees. These possible fees are indicated to the Buyer during the sale process, and in any case at the time of confirmation of the order. The Seller reserves the possibility to change its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When products or services are not executed immediately, clear information is provided on the product presentation page regarding the delivery dates of the products or services. The customer attests to having received a detail of the delivery costs as well as the payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and and its activities in the context of this sale. The Seller undertakes to honor the Customer’s order within the limits of the stocks of products available only. Failing that, the Seller informs the Customer; If the order has been placed, and if the customer does not agree on a new delivery date, the Seller will refund the customer.
The contractual information is presented in detail and in the French language. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity of the product’s offer and their prices is specified on the Company’s websites, as well as the minimum duration of the proposed contracts when they relate to a continuous or periodic supply of products or services. Except for special conditions, the rights granted under these are only granted to the individual signatory of the order (or the person who holds the communicated email address).
Article 6: Compliance
In accordance with Article L.411-1 of the Consumer Code, the products and services offered for sale through these GVCs meet the current requirements relating to the safety and health of persons, the loyalty of transactions consumer protection. Regardless of any commercial guarantee, the Seller remains bound by compliance defects and hidden defects in the product.
In accordance with Article L.217-4, the seller delivers a property in accordance with the contract and responds to existing compliance defects at the time of issuance. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility.
In accordance with the legal provisions regarding compliance and hidden defects (article 1641 civic law), the Seller refunds or exchanges defective products or those that do not correspond to the order. The refund may be claimed as follows: (describe the refund procedure, and how the product must be returned, and the refund of shipping charges if applicable).
Article 7: Retention of title clause The products remain the property of the Company until full payment of the price.
Article 8: Terms of delivery The products are delivered to the delivery address that was indicated when ordering and within the time indicated. These delays do not take into account the time of preparation of the order. When the Customer orders several products at the same time they may have different delivery times forwarded. In case of late delivery, the Customer has the opportunity to resolve the contract under the terms and conditions defined in Article L 216-2 of the Consumer Code. The Seller proceeds to the refund of the product and expenses “go” under the conditions of Articles L216-3 and L241-4 of the Code of consumption. The Seller provides a telephone point of contact (cost of a local call from a landline) indicated in the order confirmation email to track the order. The Seller recalls that at the moment when the Customer physically possesses the products, the risks of loss or damage of the products are transferred to him. It is the Customer’s responsibility to notify the carrier of any reservations on the delivered product.
Article 9: Availability and presentation In case of unavailability of an item for a period longer than 10 working days, you will be immediately notified of the foreseeable delivery times and the order of this article may be canceled on request. The Customer may then request a credit for the amount of the item or its full refund and the cancellation of the order.
Article 10 : Payment Payment is due immediately upon order, including pre-order products. The Customer may pay by credit card. Cards issued by banks domiciled outside France must be international credit cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and can not be read during transport on the network (describe the process). Once the payment has been initiated by the Customer, the transaction is immediately debited after verifying the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By giving his bank details at the time of the sale, the Customer authorizes the Seller to debit his card with the amount relating to the price indicated. The Customer confirms that he is the legal owner of the card to be debited and that he is legally entitled to use it. In case of error, or impossibility to debit the card, the Sale is immediately resolved by right and the order canceled.
Article 11: Withdrawal period In accordance with the provisions of Article L 221-5 of the Consumer Code, the Purchaser has the right to withdraw without giving any reason, within fourteen (14) days of the date of withdrawal. receipt of his order. The right of withdrawal can be exercised by contacting the Company as follows: (describe the precise procedure). We inform the Customers that in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal can not be exercised to (describe the goods not subject to these provisions). In case of exercise of the right of withdrawal within the aforementioned period, the price of the purchased product (s) and the shipping costs will be refunded, the return costs being borne by the Customer. Returns of products are to be made in their original condition and complete (packaging, accessories, instructions …); if possible, they must be accompanied by a copy of the proof of purchase. In accordance with the legal provisions, you will find below the standard form of withdrawal to send to the following address: (address). Refund procedure: (describe exactly the refund procedure – especially for large purchases)
Article 13: Complaints and mediation If necessary, the Buyer may submit any complaint by contacting the company using the following coordinates (indicate contact details and procedure).
In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he may resort to a consumer mediator under the conditions provided for by Title I of Book VI of the Consumer Code.
In case of failure of the request for complaint to the customer service of the Seller, or in the absence of response within two months, the consumer may submit the dispute to a mediator who will attempt independently to bring the parties in to obtain an amicable solution.
Article 14: Resolution of the contract
The order can be solved by the buyer by registered letter with acknowledgment of receipt in the following cases: – delivery of a product not in conformity with the characteristics of the order; – delivery exceeding the deadline fixed at the time of the order or, in the absence of date, within thirty days following the payment; – unjustified price increase or product modification. In these cases, the buyer may demand the repayment of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
Article 15: Intellectual property rights Trademarks, 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. Aucune cession de droits de propriété intellectuelle n’est réalisée au travers des présentes CGV. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 16: Force Majeure The performance of the obligations of the seller at the end hereof is suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 17: Nullity and modification of the contract If one of the stipulations of the present contract was canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parts. Any contractual modification is valid only after a written agreement signed by the parties.
Article 18: Protection of personal data In accordance with the Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, the Seller implements a personal data processing which aims to purpose the sale and delivery of products and services defined in this contract. The Buyer is informed of the following: the identity and contact details of the controller and, where applicable, the representative of the controller: the Seller, as indicated at the top of these T & Cs; – the data protection officer’s contact details – the legal basis of the processing: the contractual performance – the recipients or the categories of recipients of the personal data, if they exist: the data controller, his / her services in charge of the data protection marketing, the services in charge of computer security, the service in charge of the sale, the delivery and the order, the subcontractors involved in the delivery and sales operations as well as any authority legally authorized to access the data. personal data in question – no transfer outside the EU is foreseen – the data retention period: the time of the commercial prescription – the data subject has the right to ask the data controller for access to the personal data, the correction erasing them, or limiting the treatment of the person concerned, or the right to to the treatment and the right to portability of data – The data subject has the right to submit a complaint to a supervisory authority – the information requested when ordering are required to establish the invoice (legal obligation ) and the delivery of the goods ordered, otherwise the order can not be placed. No automated decision or profiling is implemented through the ordering process.
Article 18: Applicable law and clauses All the clauses appearing in these general conditions of sale, as well as all the operations of purchase and sale which are referred to there, will be subjected to the French right.
The nullity of a contractual clause does not entail the nullity of the present general conditions of sale.
Article 19: Consumer Information
For the purposes of informing consumers, the provisions of the Civil Code and the Consumer Code are reproduced below:
Article 1641 of the Civil Code: The seller is bound by the guarantee for reasons of hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which reduce such use so much that the buyer would not have it acquired, or would have given a lower price, had he known them.
Article 1648 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. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller may be discharged from apparent defects or defects of conformity.
Article L. 217-4 of the Consumer Code: The seller delivers 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 has been charged to it by the contract or has been carried out under its responsibility.
Article L. 217-5 of the Consumer Code: The property is in conformity with the contract: 1 ° If it is fit for the usual expected 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;
- if it has the qualities that a buyer can legitimately expect given 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 that the latter has accepted.
Article L. 217-12 of the Consumer Code: The action resulting from lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or the repair of a movable property, a discount warranty coverage, any downtime of at least seven days is in addition to the remaining warranty period. This period runs from the request for intervention of the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.