Terms and conditions
GENERAL CONDITIONS OF USE AND SALE OF THE SITE
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General conditions of sale of products sold by Emma's tutus through her website www.lestutusdemma.com. Creation date 02/13/2019. These conditions of sale are concluded on the one hand by the company les tutus d'Emma whose registered office is 220 chemin des teses - number 27 - 13580 La fare les Oliviers, registered with the RCS of Salon de Provence under number 848 318 739, owner of the site www.lestutusdemma.com, hereinafter referred to as "the seller" and on the other hand, by any natural or legal person wishing to make a purchase via the website www.lestutusdemma.com, referred to below. after "the buyer".
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Article 1: object
These conditions of sale aim to define the contractual relations between Les tutus d'Emma and the buyer and the conditions applicable to any purchase made through the merchant site www.lestutusdemma.com, whether the buyer is professional or private. The acquisition of a good or a service through this site implies unreserved acceptance by the purchaser of these conditions of sale. These conditions of sale shall prevail over any other general or particular conditions not expressly approved by Les tutus d'Emma.
Emma's tutus reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the buyer.
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Article 2 - Products & Services
The products and services offered are those which appear on the site within the limits of available stocks. Please note: as soon as you take physical possession of the products ordered, the risk of loss or damage to the products is transferred to you.
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Article 3 - Price
The prices of our products are indicated in euros all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs in the planned geographical area, namely: shipping in France but on request to customer service (lestutusdemma@gmail.com) a shipment can be made to any address in the world at the buyer's expense. In the event of an order to a country other than mainland France, customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of Les tutus d'Emma. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and bodies in your country. We advise you to inquire about these aspects with your local authorities. All orders regardless of their origin are payable in euros. The company Les tutus d'Emma reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the price in force at the time of validation of the order and subject to availability. The products remain the property of Les tutus d'Emma until full payment of the price.
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Article 4 - Orders
You can order:
• On the Internet
• By email
• By Instagram or Pinterest in private message
The contractual information is presented in French and will be confirmed at the latest at the time of validation of your order. The company Les tutus d'Emma reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of difficulty concerning the order received.
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Article 5 - Confirmation of your order
Any order appearing on the website implies acceptance of these General Conditions. Any order confirmation entails your full acceptance of these general conditions of sale, without exception or reservation. All the data provided and the recorded confirmation will constitute proof of the transaction. You declare to have perfect knowledge of it. The order confirmation will be worth signature and acceptance of the operations carried out.
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Article 6 - Payment
The fact of validating your order implies for you the obligation to pay the indicated price. Payment for your purchases is made by credit card or PayPal. The card is debited within 24 hours of order validation.
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Article 7 - Withdrawal
In accordance with the provisions of article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from receipt of your products to exercise your right of withdrawal without having to justify reasons or to pay penalty. Returns are to be made in their original condition and complete (packaging, accessories, instructions). In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal. You are responsible for the return costs. In the event that the right of withdrawal is exercised, La Jungle du Prince will reimburse the sums paid within 14 days of notification of your request and via the same means of payment as that used when ordering.
Exceptions to the Right of Withdrawal
In accordance with the provisions of article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to:
• The provision of services fully executed before the end of the withdrawal period and whose execution has begun after the express prior consent of the consumer and express waiver of his right of withdrawal.
• The supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period.
• The supply of goods made to the consumer's specifications or clearly personalized.
• The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
• The supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior consent of the consumer and express waiver of his right of withdrawal.
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Article 8- Availability
Our products are offered as long as they are visible on the site and within the limits of available stocks. For products not in stock, our offers are valid subject to availability from our suppliers. In case of unavailability of a product after placing your order, we will inform you by email. Your order may be canceled and no bank debit will be made if you have requested it by return email within 48 hours. Otherwise, you will be debited when ordering and you will have to wait for the product as soon as we order from the suppliers. In addition, the website is not intended to sell its products in large quantities. Consequently, Les tutus d'Emma reserves the right to refuse orders for more than 4 identical items.
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Article 9 - Delivery
The products are delivered to the delivery address indicated during the ordering process, within the period indicated on the order validation page. In the event of a delay in shipping, an email will be sent to you to inform you of a possible consequence on the delivery time that has been indicated to you. In accordance with legal provisions, in the event of late delivery, you have the option of canceling the order under the terms and conditions defined in article L 138-2 of the Consumer Code. If in the meantime you receive the product, we will reimburse it and cover the shipping costs under the conditions of article L 138-3 of the Consumer Code. In the event of deliveries by a carrier, Les tutus d'Emma cannot be held responsible for late delivery due exclusively to unavailability of the customer after several appointment proposals.
The company Les tutus d'Emma cannot be held responsible in the event of loss or theft of the package by the carrier. There will be no refund or return of the merchandise.
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Delivery available for France / Monaco
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48h Colissimo
This delivery method allows the Customer to receive his parcel within 2 to 3 working days, excluding public holidays, from the date of shipment (i.e. excluding time of creation of the order, the delay of which varies between 3 to 8 weeks ). Deliveries are made at home. They are carried out from Monday to Saturday morning, except public holidays. In the event of absence during delivery, a calling card is left at the delivery address indicated by the Customer. The latter allows the Customer to collect his parcel in the post office closest to his home against signature and presentation of an identity document. The package is kept pending at La Poste for 15 calendar days. Beyond this period, the package is returned to Les tutus d'Emma. Where applicable, the costs incurred by a possible reshipment are the responsibility of the Customer.
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On request only:
Global relay:
This delivery method allows the Customer to receive his parcel within 2 to 5 working days, excluding public holidays, from the date of dispatch (i.e. excluding the time of creation of the order, the delay of which varies between 3 to 8 weeks ). Deliveries are made to the closest relay point to the delivery address entered when ordering. They are carried out according to the opening days and times of the relay point. The customer can collect his parcel with an identity document.
The customer has 8 days to collect his parcel. Beyond this period, the package is returned to Les tutus d'Emma. Where applicable, the costs incurred by a possible reshipment are the responsibility of the Customer.
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Chronopost 24h
This delivery method allows the Customer to receive their package the next day before 6:00 p.m. The order must be placed from Monday to Friday before 11:00 a.m. for delivery the next day before 6:00 p.m., except on public holidays. Orders placed from Friday afternoon to Sunday inclusive will be delivered from Tuesday before 6:00 p.m.
The package is delivered against signature to the delivery address indicated by the Customer. In the event of absence during delivery, a calling card is left at the delivery address indicated by the Customer. The latter allows the Customer to collect his parcel in the post office closest to his home against signature and presentation of an identity document. The package is kept pending at La Poste for 15 calendar days. Beyond this period, the package is returned to Emma's tutus. Where applicable, the costs incurred by a possible reshipment are the responsibility of the Customer.
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Delivery available for Europe and the rest of the world
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48h Colissimo
This delivery method allows the Customer to receive his parcel within 2 to 3 working days, excluding public holidays, from the date of shipment (i.e. excluding time of creation of the order, the delay of which varies between 3 to 8 weeks ). Deliveries are made at home. They are carried out from Monday to Saturday morning, except public holidays. In the event of absence during delivery, a calling card is left at the delivery address indicated by the Customer. The latter allows the Customer to collect his parcel in the post office closest to his home against signature and presentation of an identity document. The package is kept pending at La Poste for 15 calendar days. Beyond this period, the package is returned to Les tutus d'Emma. Where applicable, the costs incurred by a possible reshipment are the responsibility of the Customer.
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on request only:
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- Global relay:
This delivery method allows the Customer to receive his parcel within 2 to 5 working days, excluding public holidays, from the date of dispatch (i.e. excluding the time of creation of the order, the delay of which varies between 3 to 8 weeks ). Deliveries are made to the closest relay point to the delivery address entered when ordering. They are carried out according to the opening days and times of the relay point. The customer can collect his parcel with an identity document.
The customer has 8 days to collect his parcel. Beyond this period, the package is returned to Les tutus d'Emma. Where applicable, the costs incurred by a possible reshipment are the responsibility of the Customer.
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-Chronopost 24h
This delivery method allows the Customer to receive their package the next day before 6:00 p.m. The order must be placed from Monday to Friday before 11:00 a.m. for delivery the next day before 6:00 p.m., except on public holidays. Orders placed from Friday afternoon to Sunday inclusive will be delivered from Tuesday before 6:00 p.m.
The package is delivered against signature to the delivery address indicated by the Customer. In the event of absence during delivery, a calling card is left at the delivery address indicated by the Customer. The latter allows the Customer to collect his parcel in the post office closest to his home against signature and presentation of an identity document. The package is kept pending at La Poste for 15 calendar days. Beyond this period, the package is returned to Emma's tutus. If applicable, the costs incurred by a possible reshipment are the responsibility of the Customer.
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Article 10 - Guarantee
All our products benefit from the legal guarantee of conformity and the guarantee against hidden defects, provided for by articles 1641 and following of the Civil Code. In the event of non-compliance of a product sold, it may be returned, exchanged or refunded. All complaints, requests for exchange or refund must be made by email: within 3 days of delivery. The products must be returned to us in the state in which you received them with all the elements (accessories, packaging, instructions, etc.). The shipping costs will be reimbursed to you on the basis of the invoiced price and the return costs will be reimbursed to you on presentation of the supporting documents. The provisions of this article do not prevent you from benefiting from the right of withdrawal provided for in article 7.
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Article 11 - Liability
The responsibility of the company Les tutus d'Emma cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with local authorities the possibilities of importing or using the products or services you plan to order. In addition, Les tutus d'Emma cannot be held responsible for damage resulting from improper use of the product purchased. Finally, Les tutus d'Emma cannot be held liable for all the inconveniences or damages inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses.
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Article 12 - Applicable law in the event of disputes
The language of this contract is French. These conditions of sale are subject to French law. In the event of a dispute, the French courts will have sole jurisdiction.
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Article 13 - Intellectual property
All the elements of the site are and remain the intellectual and exclusive property of the company Les tutus d'Emma. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the site whether they are software, visual or sound. Any single link or hyperlink is strictly prohibited without the express written consent of Les tutus d'Emma.
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Article 14 - Personal data
The company Les tutus d'Emma reserves the right to collect nominative information and personal data concerning you. They are necessary to manage your order, as well as to improve the services and information we send you. They can also be sent to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations. In accordance with the Data Protection Act n ° 78-17 of January 6, 1978, you can at any time exercise your rights of access, opposition and rectification of data by sending your request in writing to Les tutus d'Emma - 220 chemin des teses - villa 27 - 13580 la fare les oliviers. The information recorded on the Contact tab is intended for the exclusive use of Les tutus d'Emma and will in no case be voluntarily transmitted to third parties.
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Article 15- Proof archiving
The company Les tutus d'Emma will archive the purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code. The computerized registers of Les tutus d'Emma will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.
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Article 16 - Settlement of Disputes
These conditions of online sale are subject to French law. In the event of a dispute, jurisdiction is assigned to the Aix en Provence Commercial Court, notwithstanding multiple defendants or appeal by guarantor.