GTC

TERMS OF SALES

Date of last update: [Date of last update of the GCS]

Article 1 – LEGAL NOTICES

This site, accessible at the URL www.pomponcucu.com is published by:

MOM company with a capital of 100 euros, registered with the RCS of 921 881 488 00016 under the number [RCS number], whose registered office is located at 108 rue de la Folie Méricourt 75011 PARIS, represented by Marine GUERINAT duly authorized,

The Operator's individual VAT number is: FR70921881488

The Site is hosted by SHOPIFY , located at 126 York St. Ottawa, ON K1N 5T5 CANADA

The Operator can be reached at the following telephone number 06.22.23.85.68 and at the following email address pomponcucu@gmail.com

Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS

The General Terms and Conditions of Sale (the “ General Terms and Conditions of Sale ”, or the “ GTC ”) are applicable exclusively to the online sale of products offered by the Operator on the Website.

The GCS are made available to customers on the Site where they can be directly consulted and can also be communicated to them on simple request by any means.

The T&Cs are enforceable against the customer who acknowledges, by ticking a box or clicking on the button provided for this purpose, having read them and having accepted them before placing an order. The validation of the order by its confirmation is worth adhesion by the purchaser to the CGV in force on the day of the order whose conservation and reproduction are ensured by the Operator.

Article 3 – DESCRIPTION OF PRODUCTS

The Site is an online sales site for [Description of products] (hereinafter the “ Product(s) ”) open to any natural or legal person using the Site (the “ Customer ”).

The Products presented on the Site are each the subject of a description (established by the supplier or accessible on the manufacturer's site via a link found on the Site) mentioning their essential characteristics. The photographs illustrating, where applicable, the products do not constitute a contractual document. The Product's user manual, if it is an essential element, appears on the Site or is sent at the latest upon delivery. The Products comply with the requirements of French law in force.

The Customer remains responsible for the terms and consequences of his access to the Site, in particular via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain at his expense. In addition, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site.

The Customer acknowledges having verified that the computer configuration it uses is secure and in working order.

Article 4 – CREATION OF THE CUSTOMER AREA

To place an order on the Site, the Customer must first create his personal customer space. Once created, to access it, the Customer must identify himself using his username and his secret, personal and confidential password. It is up to the Customer not to communicate his username and password in accordance with the provisions of the PERSONAL DATA article of these General Conditions. Each Customer undertakes to maintain strict confidentiality regarding the data, in particular the username and password, allowing him to access his customer area, the Customer acknowledging that he is solely responsible for access to the Service through his username and password, except proven fraud. Each Customer also undertakes to inform the Operator without delay in the event of loss, misappropriation or fraudulent use of his username and/or password.

After the creation of his personal customer space, the Customer will receive an email confirming the creation of his customer space.

The Customer agrees when registering to:

  • deliver real, accurate, up-to-date information at the time of entry into the service registration form, and in particular not to use false names or addresses, or names or addresses without being authorized to do so.
  • keep the registration data up to date in order to permanently guarantee their real, exact and up-to-date character.

The Client further undertakes not to make available or distribute illicit or reprehensible information (such as defamatory information or information constituting identity theft) or even harmful information (such as viruses). Otherwise, the Operator will be able to suspend or terminate the Customer's access to the Site at its sole fault.

Article 5 – ORDERS

The Operator strives to guarantee optimum availability of its Products. Product offers are valid within the limits of available stocks.

If, despite the best efforts of the Operator, a Product proves to be unavailable after the Customer's order, the Operator will inform the Customer by email, as soon as possible and the Customer will have the choice between:

  • the delivery of a Product of a quality and price equivalent to that initially ordered, or

  • reimbursement of the price of the Product ordered at the latest within thirty (30) days of payment of the sums already paid.

It is agreed that apart from reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not bound to any cancellation compensation, unless the non-performance of the contract is personally attributable to him.

With the exception of any mention to the contrary appearing in these General Conditions and without prejudice to the right of withdrawal provided for by applicable law, the Customer's orders are firm and definitive.

When placing an order, the Customer must select the chosen Products, add them to his basket, indicating the selected Products and the desired quantities. The Customer has the possibility to check the details of his order and its total price, and to return to the previous pages to possibly correct the contents of his basket, before validating it.

The Customer undertakes to read the General Conditions of Sale then in force before accepting them and to confirm the terms and any costs of delivery and withdrawal prior to payment of his order. Confirmation of the order entails acceptance of the GCS and forms the contract.

A copy of these General Conditions as accepted by the Customer will be sent to the Customer by e-mail at the time of confirmation of his Order so that the latter can refer to it.

The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in good time and at the latest at the time of delivery. The Operator strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is made available to the Customer in the "my account" area. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.

Any email that will be sent to the Customer as part of an order will be sent to the email address that the Customer uses to identify himself in his customer area.

The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that:

  • The Customer does not respect the General Conditions in force when ordering;
  • The Customer's order history shows that sums remain due under previous orders;
  • One of the Customer's previous orders is the subject of a dispute being processed;
  • The Customer did not respond to a request for confirmation of his order sent to him by the Operator.

The Operator archives the contracts for the sale of Products in accordance with the applicable legislation. By making a request to the following address [Contact email] , the Operator will provide the Customer with a copy of the contract subject of the request.

Any modification of the order by the Customer after confirmation of his order is subject to the agreement of the Operator.

The information communicated by the Customer when placing the order (in particular name and delivery address) is binding on the latter. Thus, the responsibility of the Operator cannot in any way be sought in the event that an error when placing the order prevents or delays delivery/delivery.

The Customer declares to have the full legal capacity allowing him to engage under these General Conditions.

Registration is open to capable adults and minors on the condition that they intervene under the supervision of the parent or guardian holding parental authority. Under no circumstances is registration authorized on behalf of third parties unless you are validly authorized to represent it (legal person for example). Registration is strictly personal to each Customer.

In the event of a breach by the Customer of one of the provisions hereof, the Operator reserves the right to terminate the said Customer's account without notice.

Article 6 – TERMS OF PAYMENT AND SECURITY

The Customer expressly acknowledges that any order made on the Site is an order with payment obligation, which requires the payment of a price against the supply of the Product ordered.

In any case, the Operator reserves the right to check the validity of the payment, before the dispatch of the order, by all necessary means.

The Operator uses the online payment solution [Online payment solution] .

Orders can be paid for using one of the following payment methods:

  • Payment by credit card. Payment is made directly on the secure banking servers of the Operator's bank, the Customer's bank details do not pass through the Site. The bank details provided during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these coordinates are not accessible to third parties.

The Customer's order is recorded and validated upon acceptance of payment by the bank.

The Customer's account will be debited with the corresponding amount only when (i) the details of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.

The impossibility of debiting the sums due will result in the immediate nullity of the sale.

The credit card may in particular be refused if it has expired, if it has reached the maximum amount of expenditure to which the Customer is entitled or if the data entered is incorrect.

  • Payment by electronic wallet (Paypal type). The Client already has an account on the electronic wallet used by the Operator. The Customer can use this account and pay for his order securely without communicating his bank details.

If necessary, the order validated by the Customer will only be considered effective when the secure bank payment center has given its agreement to the transaction.

As part of the control procedures, the Operator may have to ask the Customer for all the documents necessary to finalize his order. These parts will not be used for any purpose other than these.

Article 7 – PAYMENT OF THE PRICE

The price of the Products in force at the time of the order is indicated in euros all taxes included (TTC) excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the advertising period for the promotion.

The price is payable in euros (€) exclusively. The price is payable in full after confirmation of the order. The prices offered include discounts and rebates that the Operator may grant.

If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before the validation of the order by the Customer. The total amount owed by the Customer and its details are indicated on the order confirmation page.

Article 8 – FORMATION OF THE CONTRACT

The contract between the Operator and the Customer is formed when the Customer sends the confirmation of his order.

The Customer's attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places his order, he must confirm it by the "double-click" technique, i.e. after having selected the Products added to the basket, the Customer must check and possibly correct the content of his basket (identification, quantity of products selected, price, terms and delivery costs) before validating it by clicking on "I validate my delivery", then he acknowledges accepting these T&Cs before clicking on the "I pay" button, finally he validates his order after having filled in his bank details. The "double click" is equivalent to an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the order by the Customer.

The archiving of communications, purchase orders and invoices is ensured by the Operator on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, purchase orders and invoices can be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitutes proof of all transactions between the Operator and its Customers.

The order can be canceled by the Customer by registered letter with acknowledgment of receipt or in writing on another durable medium in the event of:

  • delivery of a Product that does not conform to the declared characteristics of the Product;
  • delivery exceeding the deadline set in the order form or, failing such a date, within thirty (30) days following the conclusion of the contract, after the Operator has been ordered, under the same terms and without result, to make the delivery within a reasonable additional time;
  • price increase that is not justified by a technical modification of the product imposed by the public authorities.

In all these cases, the Customer may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.

The order can be resolved by the Operator in the event of:

  • the buyer's refusal to take delivery;
  • non-payment of the price (or the balance of the price) at the time of delivery.

Article 9 – RETENTION OF OWNERSHIP

The Operator remains the exclusive owner of the Products ordered on the Site until the full price has been received, including any shipping costs.

Article 10 – SHIPPING AND DELIVERY

The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas.

Delivery means the transfer to the Customer of physical possession or control of the Product.

The Operator offers you different delivery or delivery methods depending on the nature of the product: Colissimo, UPS, DHL

The shipping costs are those specified during the finalization of the order and are accepted by the validation of the order .

The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum period of thirty (30) days after receipt of the order.

Delivery times are announced in working days on the Site when ordering. These deadlines include the preparation and shipping of the order as well as the deadline provided by the carrier.

The Operator undertakes to ship the Products in accordance with the deadlines announced on each Product sheet and in the basket, provided that payment for the order has not been previously refused.

However, if one or more Products could not be delivered within the time initially announced, the Operator will send an email indicating to the Customer the new delivery date.

The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to him to check that this address does not contain any errors. The Operator cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.

On delivery, you may be asked to sign a receipt.

No delivery will be made to a PO Box.

On delivery, it is the Customer's responsibility to check that the Products delivered comply with his order and that the package is sealed and undamaged. If this is not the case, the Customer must imperatively indicate this on the delivery slip. No claim on the quantity or condition of the Product will be accepted if the claim has not been made on the delivery note.

Article 11 – RIGHT OF WITHDRAWAL

If a Product delivered does not fully satisfy the Customer, the latter may return it to the Operator. The Customer will have fourteen days to do so from the date of receipt of the order.

In accordance with article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of articles L. 221-18 and following of the Consumer Code, the Customer is invited to complete the standard withdrawal form by clicking on sent by the operator following the request.

The Operator will send an acknowledgment of receipt of the Customer's withdrawal request by e-mail.

If necessary, the Customer may exercise his right of withdrawal by notifying the following information to the Operator:

  • name, geographical address, telephone number and e-mail address;
  • decision to withdraw by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail when these contact details are available and therefore appear on the standard withdrawal form). The Customer can use the model withdrawal form but it is not mandatory.

Return costs are the responsibility of the Customer.

The exceptions of article L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, in particular if the order consists of a contract:

  • the provision of services fully performed before the end of the withdrawal period and the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal;
  • 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;
  • supply of goods liable to deteriorate or expire rapidly;
  • supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
  • supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
  • supply of alcoholic beverages whose delivery is deferred beyond thirty (30) days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
  • maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
  • supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
  • supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
  • concluded at a public auction;
  • provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period;
  • supply of digital content not provided on a material medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.

The returned Product must be in its original packaging , in perfect condition, suitable for resale, unused and with all possible accessories.

In addition to the returned Product, the return package must also contain a letter specifying the exact and complete contact details (surname, first name, address) of the Customer as well as the order number, and the original purchase invoice.

The Operator will reimburse the Customer for the amount of the Product within fourteen (14) days of receipt of the Product and all the elements enabling the Customer's reimbursement to be implemented. This refund may be made by the same means of payment as that used for the Customer. As such, the Customer who has paid for his order in the form of credit notes / gift vouchers may be reimbursed by credit notes / gift vouchers according to the Operator's wishes.

By accepting these General Conditions of Sale, the Customer expressly acknowledges having been informed of the terms of withdrawal.

Article 12 – CUSTOMER SERVICE

The Customer can contact the Operator:

  • by email to pomponcucu@gmail.com indicating his name, telephone number, the subject of his request and the number of the order concerned.

Article 13 – INTELLECTUAL PROPERTY AND SITE USE LICENSE

The Operator is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, images, whether animated or not, photographs, videos, logos, designs, models, software, brands, visual identity, database , structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the “ Elements ”) which are protected by French and international laws and regulations relating in particular to intellectual property.

Consequently, none of the Elements of the Site may in whole or in part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way. , free of charge or against payment, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the prior express written authorization of the Operator on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and/or exploitation.

ARTICLE 14 – LIABILITY AND GUARANTEE

The Operator cannot be held responsible for the non-performance of the contract by the Customer or due to an event qualified as force majeure by the competent courts or even for the unforeseeable and insurmountable fact of any third party hereto.

The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions over the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change the content and/or their presentation.

The Operator cannot be held responsible for the use that would be made of the Site and its services by the Customers in violation of these General Conditions and for the direct or indirect damage that this use could cause to a Customer or to a third party. In particular, the Operator cannot be held liable for false declarations made by a Customer and for his behavior vis-à-vis third parties. In the event that the responsibility of the Operator is sought because of such behavior of one of its Customers, the latter undertakes to guarantee the Operator against any judgment pronounced against it as well as to reimburse the Operator of all costs, including attorneys' fees, incurred for its defence.

Independently of any additional contractual guarantee (commercial guarantee) which may be granted, the Products benefit from the legal guarantee of conformity provided for in articles L. 217-4 and following of the Consumer Code (in particular L. 217-4 to L. 217 -14 of the Consumer Code), and the guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.

When you act within the framework of the legal guarantee of conformity:

  • you have a period of two (2) years from the delivery of the goods to act:
  • you can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-12 of the Consumer Code;
  • you are exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods (except second-hand goods).

You can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, you can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.

Reproduction of articles L.217-3, L. 217-4, L. 217-5, L. 217-7, L. 217-8, L. 217-9, L. 227-10, L. 227-11 and L. 217-12 of the Consumer Code, article 1641, 1644 and the first paragraph of article 1648 of the Civil Code, as in force on the date of these General Conditions of Sale:

Art. L.217-3 of the consumer code:

The seller delivers goods that comply with the contract and with the criteria set out in article L. 217-5.

He responds to defects of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within a period of two years from this.

In the case of a contract for the sale of goods containing digital elements:

1° When the contract provides for the continuous supply of digital content or a digital service for a period less than or equal to two years, or when the contract does not determine the duration of supply, the seller is liable for the lack of conformity of this digital content or this digital service which appears within a period of two years from the delivery of the goods;

2° When the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller is liable for any lack of conformity of this digital content or this digital service which appears during the period during which it is provided under the contract.

For such goods, the applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 217-19.

The seller also responds, during the same periods, for lack of conformity resulting from the packaging, the assembly instructions, or the installation when this has been charged to him by the contract or has been carried out under his responsibility. , or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller.

This warranty period applies without prejudice to Articles 2224 and following of the Civil Code. The starting point for the prescription of the consumer's action is the day of knowledge by the latter of the lack of conformity. »

 

Art. L.217-4 of the consumer code:

“The good is in conformity with the contract if it meets in particular, where applicable, the following criteria:

1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;

2° It is suitable for any special use sought by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and which the latter has accepted;

3° It is delivered with all the accessories and installation instructions, which must be supplied in accordance with the contract;

4° It is updated in accordance with the contract.

Art. L.217-5 of the consumer code:

"I.- In addition to the criteria of compliance with the contract, the good is compliant if it meets the following criteria:

1° It is specific to the use usually expected of a good of the same type, taking into account, if applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;

3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of the conclusion of the contract, unless the parties agree otherwise;

4° Where applicable, it is delivered with all the accessories, including the packaging, and the installation instructions that the consumer can legitimately expect;

5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;

6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, which the consumer can legitimately expect for goods of the same type, having regard to the nature property as well as to public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling.

II.-However, the seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:

1° That he did not know them and was not legitimately in a position to know them;

2° That at the time of the conclusion of the contract, the public declarations had been rectified under conditions comparable to the initial declarations; Or

3° That the public declarations could not have influenced the purchase decision.

 

III.-The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the goods, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, a deviation to which he has expressly and separately consented to when the contract is concluded.”

Art. L.217-7 of the consumer code:

“The defects of conformity which appear within a period of twenty-four months from the delivery of the goods, including the goods comprising digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the property or defect invoked.

For second-hand goods, this period is set at twelve months.

When the contract for the sale of goods containing digital elements provides for the continuous supply of digital content or a digital service, the lack of conformity which appears at the time of delivery of the goods is presumed to exist:

1° During a period of two years from the delivery of the goods, when the contract provides for this supply for a period less than or equal to two years or when the contract does not determine the duration of the supply;

2° During the period during which the digital content or the digital service is provided under the contract, when the latter provides for this supply for a period of more than two years.

Art. L.217-8 of the consumer code:

“In the event of a lack of conformity, the consumer has the right to have the goods brought into conformity by repair or replacement or, failing that, to a reduction in the price or to the termination of the contract, under the conditions set out in this subsection. .

The consumer also has the right to suspend payment of all or part of the price or delivery of the benefit provided for in the contract until the seller has satisfied his obligations under this chapter, in the conditions of articles 1219 and 1220 of the civil code.

The provisions of this chapter are without prejudice to the allocation of damages. »

Art. L.217-9 of the consumer code:

“The consumer is entitled to demand that the goods comply with the criteria set out in sub-section 1 of this section.

The consumer asks the seller to bring the goods into conformity, choosing between repair and replacement. For this purpose, the consumer makes the goods available to the seller.

Art. L.217-10 of the consumer code:

“The bringing into conformity of the good takes place within a reasonable time which cannot be more than thirty days following the consumer's request and without major inconvenience for him, taking into account the nature of the good and the use sought by the consumer.

The repair or replacement of the non-conforming good includes, if applicable, the removal and return of this good and the installation of the repaired good or the replacement good by the seller.

A decree specifies the procedures for bringing the property into conformity . »

Art. L.217-11 of the consumer code:

The bringing into conformity of the good takes place at no cost to the consumer.

The consumer is not required to pay for the normal use he has made of the replaced good during the period prior to its replacement. »

Art. L. 217-12 of the Consumer Code:

“The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs with regard in particular to:

1° The value that the good would have had there been no lack of conformity;

2° The importance of the lack of conformity; And

3° The possible possibility of opting for the other choice without major inconvenience for the consumer.

The seller may refuse to bring the goods into conformity if this is impossible or entails disproportionate costs, particularly with regard to 1° and 2°.

When these conditions are not respected, the consumer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with articles 1221 and following of the civil code.

Any refusal by the seller to proceed according to the choice of the consumer or to bring the goods into conformity, is justified in writing or on a durable medium.

Art. 1641 of the civil code:

"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or I would have paid a lesser price for them, if he had known them. »

Art. 1644 of the civil code:

“In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and getting part of the price refunded. »

Art. 1648 paragraph 1 of the civil code:

“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »

It is reminded that the search for amicable solutions prior to a possible legal action does not interrupt the deadlines for action of the legal guarantees nor the duration of any possible contractual guarantee.

3° It is delivered with all the accessories and installation instructions, which must be supplied in accordance with the contract;

4° It is updated in accordance with the contract. »

Art. L.217-5 of the consumer code:

"I.- In addition to the criteria of compliance with the contract, the good is compliant if it meets the following criteria:

1° It is specific to the use usually expected of a good of the same type, taking into account, if applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;

3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of the conclusion of the contract, unless the parties agree otherwise;

4° Where applicable, it is delivered with all the accessories, including the packaging, and the installation instructions that the consumer can legitimately expect;

5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;

6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, which the consumer can legitimately expect for goods of the same type, having regard to the nature property as well as to public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling.

II.-However, the seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:

1° That he did not know them and was not legitimately in a position to know them;

2° That at the time of the conclusion of the contract, the public declarations had been rectified under conditions comparable to the initial declarations; Or

3° That the public declarations could not have influenced the purchase decision.

III.-The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the goods, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, a deviation to which he has expressly and separately consented to when the contract is concluded.”

Art. L.217-7 of the consumer code:

The lack of conformity which appears within a period of twenty-four months from the delivery of the goods, including the goods comprising digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the property or the defect invoked.

For second-hand goods, this period is set at twelve months.

When the contract for the sale of goods containing digital elements provides for the continuous supply of digital content or a digital service, the lack of conformity which appears at the time of delivery of the goods is presumed to exist:

1° During a period of two years from the delivery of the goods, when the contract provides for this supply for a period less than or equal to two years or when the contract does not determine the duration of the supply;

2° During the period during which the digital content or the digital service is supplied under the contract, when the latter provides for this supply for a period of more than two years. »

Art. L.217-8 of the consumer code:

“In the event of a lack of conformity, the consumer has the right to have the goods brought into conformity by repair or replacement or, failing that, to a reduction in the price or to the termination of the contract, under the conditions set out in this subsection. .

The consumer also has the right to suspend payment of all or part of the price or delivery of the benefit provided for in the contract until the seller has satisfied his obligations under this chapter, in the conditions of articles 1219 and 1220 of the civil code.

The provisions of this chapter are without prejudice to the allocation of damages. »

Art. L.217-9 of the consumer code:

“The consumer is entitled to demand that the goods comply with the criteria set out in sub-section 1 of this section.

The consumer asks the seller to bring the goods into conformity, choosing between repair and replacement. For this purpose, the consumer makes the goods available to the seller.

Art. L.217-10 of the consumer code:

“The bringing into conformity of the good takes place within a reasonable time which cannot be more than thirty days following the consumer's request and without major inconvenience for him, taking into account the nature of the good and the use sought by the consumer.

The repair or replacement of the non-conforming good includes, if applicable, the removal and return of this good and the installation of the repaired good or the replacement good by the seller.

A decree specifies the procedures for bringing the property into conformity . »

Art. L.217-11 of the consumer code:

The bringing into conformity of the good takes place at no cost to the consumer.

The consumer is not required to pay for the normal use he has made of the replaced good during the period prior to its replacement. »

Art. L. 217-12 of the Consumer Code:

“The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs with regard in particular to:

1° The value that the good would have had there been no lack of conformity;

2° The importance of the lack of conformity; And

3° The possible possibility of opting for the other choice without major inconvenience for the consumer.

The seller may refuse to bring the goods into conformity if this is impossible or entails disproportionate costs, particularly with regard to 1° and 2°.

When these conditions are not respected, the consumer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with articles 1221 and following of the civil code.

Any refusal by the seller to proceed according to the choice of the consumer or to bring the goods into conformity, is justified in writing or on a durable medium.

Art. 1641 of the civil code:

"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or I would have paid a lesser price for them, if he had known them. »

Art. 1644 of the civil code:

“In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and getting part of the price refunded. »

Art. 1648 paragraph 1 of the civil code:

“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »

It is reminded that the search for amicable solutions prior to a possible legal action does not interrupt the deadlines for action of the legal guarantees nor the duration of any possible contractual guarantee.




ARTICLE 17 – PERSONAL DATA

For more information regarding the use of personal data by the Operator, please carefully read the Privacy Policy (the “ Charter ”). You can consult this Charter at any time on the Site.

Article 18 – HYPERTEXT LINKS

The hypertext links available on the Site may refer to third-party sites not published by the Operator. They are provided solely for the convenience of the Customer, in order to facilitate the use of the resources available on the Internet. If the Customer uses these links, he will leave the Site and will then agree to use the third-party sites at his own risk or, where applicable, in accordance with the conditions which govern them.

The Customer acknowledges that the Operator does not control or contribute in any way to the development of the conditions of use and/or the content applying to or appearing on these third-party sites.

Consequently, the Operator cannot be held responsible in any way whatsoever because of these hypertext links.

In addition, the Customer acknowledges that the Operator cannot endorse, guarantee or endorse all or part of the conditions of use and/or the content of these third-party sites.

The Site may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by the Operator.

The Operator invites the Customer to inform him of any hypertext link present on the Site which would allow access to a third party site offering content contrary to the law and/or morality.

The Customer may not use and/or insert a hypertext link pointing to the site without the prior written consent of the Operator on a case-by-case basis.

ARTICLE 19 – REFERENCES

The Customer authorizes the Operator to mention the name of the Customer, its logo as a reference in its communication media (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc. .).

ARTICLE 20 – GENERAL PROVISIONS

ENTIRE AGREEMENT OF THE PARTIES

These General Conditions constitute a contract governing the relationship between the Client and the Operator. They constitute all of the rights and obligations of the Company and the Operator relating to their subject. If one or more stipulations of these General Terms and Conditions were declared void pursuant to a law, regulation or following a final decision by a competent court, the other stipulations will retain their full force and scope. In addition, the fact for one of the parties to these General Conditions not to avail itself of a breach by the other party of any of the provisions of these General Conditions cannot be interpreted as a waiver on its part of rely in the future on such a breach.

CHANGES TO TERMS

The Operator reserves the right to modify at any time and without notice the content of the Site or the services available there, and/or to temporarily or permanently cease to operate all or part of the Site.

In addition, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these General Conditions. The Customer is therefore required to refer to these General Conditions before any use of the Site.

The Customer acknowledges that the Operator cannot be held responsible in any way whatsoever towards him or any third party as a result of these modifications, suspensions or terminations.

The Operator advises the Customer to save and/or print these General Conditions for safe and lasting storage, and thus be able to invoke them at any time during the performance of the contract if necessary.

CLAIM

In the event of a dispute, you must first contact the company's customer service at the following coordinates: pomponcucu@gmail.com

APPLICABLE RIGHT

These General Conditions are governed, interpreted and applied in accordance with French law.

ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER

The Customer acknowledges having carefully read these General Conditions.

By registering on the Site, the Customer confirms that he has read the General Conditions and accepts them, making him contractually bound by the terms of these General Conditions.

The General Conditions applicable to the Customer are those available on the date of the order, a copy dated to date of which can be given to the Customer at his request, it is therefore specified that any modification of the General Conditions which would be made by the Operator does not will not apply to any order made previously, except with the express agreement of the Customer at the origin of a given order.