TERMS OF USE
TERMS OF SALES
ARTICLE 1 - Scope
These General Conditions of Sale (known as "GTC") apply, without restriction or reservation.
to all sales concluded by the Seller with non-professional buyers ("The
Customers or the Customer"), wishing to acquire the products offered for sale ("The Products") by the
Seller on the site https://www.lescreasdaubry.com. The Products offered for sale on the site are
The following :
the sale of costume jewelry
The main characteristics of the Products and in particular the specifications, illustrations and
indications of dimensions or capacity of the Products, are presented on the site
https://www.lescreasdaubry.com which the customer is required to read before
order.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are valid within the limits of available stocks, as specified during the
placing the order.
These GCS are accessible at any time on the site https://www.lescreasdaubry.com and will prevail
on any other document.
The Customer declares to have read these T&Cs and to have accepted them by ticking the
box provided for this purpose before the implementation of the online ordering procedure of the site
https://www.lescreasdaubry.com.
Unless proven otherwise, the data recorded in the Seller's computer system constitute
proof of all transactions concluded with the Client.
The Seller's contact details are as follows:
BOUGOUNEAU Linefia
60 impasse watercress choisy 97120 Saint-claude
Registration number: 912095048600011
Email: lescreasdaubry@gmail.com
Phone: 0690370948
The Products are presented and described as accurately as possible, however the perfect representation of the Products on the Website cannot be guaranteed given the digital presentation of the latter. The perception of the Product by the Customer can sometimes differ significantly with the Product itself, without entailing the right of cancellation of the sale for the Customer.
The photographs illustrating the Products do not constitute a contractual document.
In the event of an order to a country other than metropolitan France, the Customer is the importer of the
or Products concerned.
For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes
automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable.
They will be charged to and are the sole responsibility of the Customer.
ARTICLE 2 - Price
The Products are supplied at the prices in force appearing on the site https://www.lescreasdaubry.com, when the order is registered by the Seller.
Prices are expressed in Euros, excluding and including tax.
The prices take into account any reductions that may be granted by the Seller on the site.
https://www.lescreasdaubry.com.
These prices are firm and not subject to revision during their period of validity, but the Seller reserves the right to
right, outside the period of validity, to modify the prices at any time.
The prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to the
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 given to the Customer upon delivery of the Products.
orders.
ARTICLE 3 – Orders
It is up to the Customer to select on the site https://www.lescreasdaubry.com the Products that he
wishes to order, according to the following modalities:
_______________.
Product offers are valid as long as they are visible on the site, within the limit of stocks.
available.
The sale will only be considered valid after full payment of the price. It belongs to the Customer
verify the accuracy of the order and report any errors immediately.
Any order placed on the site https://www.lescreasdaubry.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 which it
there would be a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the site.
ARTICLE 3 Bis - Customer area - Account
In order to place an order, the Customer is invited to create an account (personal space).
To do this, he must register by completing the form that will be offered to him when he
order and undertakes to provide sincere and accurate information concerning his marital status and his
contact details, including their email address.
The Customer is responsible for updating the information provided. It is specified to him that he can
change by logging into their account.
To access his personal space and order history, the Customer must identify himself at
using his user name and password which will be communicated to him after his
registration and which are strictly personal. As such, the Customer refrains from any disclosure. Otherwise, he will remain solely responsible for the use that will be made of it.
The Customer may also request to unsubscribe by going to the dedicated page on his space.
staff or sending an email to: lescreasdaubry@gmail.com. This will be effective within a reasonable time.
In the event of non-compliance with the general conditions of sale and/or use, the site
https://www.lescreasdaubry.com will have the option of suspending or even closing a customer's account after formal notice sent electronically and which has had no effect.
Any deletion of an account, for whatever reason, results in the pure and simple deletion of
any personal information of the Customer.
Any event due to a case of force majeure resulting in a malfunction of the site
or server and subject to any interruption or modification in the event of maintenance,
does not engage the responsibility of the Seller.
The creation of the account entails the acceptance of these general conditions of sale.
ARTICLE 4 - Terms of payment
The price is paid by secure payment, according to the following terms:
- payment by credit card
The price is payable in cash by the Customer, in full on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the provider
approved payment service for banking transactions carried out on the site
https://www.lescreasdaubry.com.
Payments made by the Customer will only be considered final after receipt
effective by the Seller of the sums due.
The Seller shall not be required to deliver the Products ordered by the Customer if
the latter does not pay him the full price under the conditions indicated above.
ARTICLE 5 - Deliveries
The Products ordered by the Customer will be delivered in mainland France or in the area(s)
following:
DOM-TOM and international.
Deliveries are made within 3 to 10 working days to the address indicated by the Customer when
of his order on the site.
Delivery is constituted by the transfer to the Customer of the physical possession or control of the
Product. Except in special cases or unavailability of one or more Products, the Products ordered
will be delivered at once.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer
within the time limits specified above.
If the Products ordered have not been delivered within _15 days_ after the date
indicative of delivery, for any reason other than force majeure or the act of the Customer, the sale may be canceled at the written request of the Customer under the conditions provided for in Articles L 216-2,
L 216-3 and L241-4 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 deduction.
Deliveries are made by an independent carrier, to the address given by the Customer.
when ordering and which the carrier can easily access.
When the Customer has himself taken charge of using a carrier that he chooses himself, the
delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier
who accepted them without reservations. The Customer therefore acknowledges that it is up to the carrier to
to make the delivery and has no warranty claim against the Seller in the event of a defect
delivery of the goods transported.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the
products ordered, duly accepted in writing by the Seller, the related costs will be subject to
additional specific invoicing, on estimate previously accepted in writing by the Customer.
The Customer is required to check the condition of the products delivered. It has a 24-hour maximum delay
from the delivery to formulate complaints by email, accompanied by all
the supporting documents relating thereto (photos in particular). After this period and failing to comply with these
formalities, the Products will be deemed to be compliant and free from any apparent defect and no
claim cannot be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at his expense, the Products delivered
whose lack 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 the Consumer Code and
those provided for in these T&Cs.
The transfer of the risks of loss and deterioration relating thereto will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the risk and
Seller's perils except when the Customer has chosen the carrier himself. As such, the risks
are transferred when the goods are handed over to the carrier.
ARTICLE 6 - Transfer of ownership
The transfer of ownership of the Products from the Seller to the Customer will only be carried out after full payment
of the price by the latter, regardless of the date of delivery of the said Products.
ARTICLE 7 - Right of withdrawal
According to the terms of article L221-18 of the Consumer Code "
For contracts providing for the regular delivery of goods during a defined period, the period runs from
from the receipt of the first good. »
The right of withdrawal can be exercised online, using the attached withdrawal form and
also available on the site or any other statement, unambiguous, expressing the
willingness to withdraw and in particular by post addressed to the Seller at the coordinates
postal or email indicated in ARTICLE 1 of the GCS.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.)
allowing them to be remarketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back.
The return costs remain the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within 14
days from receipt by the Seller of the Products returned by the Customer within
conditions provided for in this article.
ARTICLE 8 - Seller's liability - Warranties
The Products supplied by the Seller benefit from:
the legal guarantee of conformity, for defective, spoiled or damaged Products or
not corresponding to the order,
the legal guarantee against hidden defects resulting from a defect in material, design
or manufacturing affecting the products delivered and rendering them unfit for use,
Provisions relating to legal warranties
Article L217-4 of the Consumer Code
“The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity
existing at the time of delivery. It also responds to defects of conformity resulting from the packaging,
instructions for assembly or installation when this has been charged to it by the contract
or was carried out under his responsibility. »
Article L217-5 of the Consumer Code
“The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that this one has
presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the declarations
public information made by the seller, by the producer or by his representative, in particular in the
advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is specific to
any special use sought by the buyer, made known to the seller and that the latter has
accepted. »
Article L217-12 of the Consumer Code
"The action resulting from the lack of conformity is prescribed by two years from the issue of the
good. »
Article 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
unsuitable for the use for which it is intended, or which diminish this use so much that the buyer does not
would not have acquired it, or would have given only a lesser price for it, if he had known them. »
Article 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. »
Article L217-16 of the Consumer Code.
"When the buyer asks the seller, during the course of the commercial guarantee which has been
granted during the acquisition or repair of movable property, a restoration covered by the
warranty, any period of immobilization of at least seven days is added to the duration of the warranty
which 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 (email or post), of the
non-conformity of the Products or the existence of hidden defects from their discovery.
The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed not
compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be
reimbursed on presentation of receipts.
Refunds, replacements or repairs of Products found to be non-compliant or
defective will be carried out as soon as possible and at the latest within 15 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 responsibility of the Seller cannot be engaged in the following cases:
non-compliance with the legislation of the country in which the products are delivered, that it belongs to the
Customer to verify,
in case of misuse, use for professional purposes, negligence or defect
maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or
force majeure.
The photographs and graphics presented on the site are not contractual and do not
can engage the responsibility of the Seller.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant Products or Products affected by a defect.
ARTICLE 9 - Personal data
The Customer is informed that the collection of his personal data is necessary for the sale
of the Products and their delivery / delivery, entrusted to the Seller. These personal data
are collected solely for the execution of the sales contract.
9.1 Collection of personal data
The personal data collected on the site https://www.lescreasdaubry.com
are the following :
Account opening
When creating the Client / user account:
Surnames, first names, postal address, telephone number and e-mail address.
Payment
As part of the payment of the Products offered on the site https://www.lescreasdaubry.com, this
records financial data relating to the Customer's bank account or credit card /
user.
9.2 Recipients of personal data
Personal data is used by the Seller and its co-contractors to
performance of the contract and to ensure the efficiency of the sale and delivery of
Products.
The category or categories of co-contractor(s) is (are):
Transport providers
Payment institution providers
9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and
from May 25, 2018 of Regulation 2016/679 on the protection of personal data
staff.
9.4 limitation of processing
Unless the Customer expresses his express agreement, his personal data is not
used for advertising or marketing purposes.
9.5 Duration of data retention
The Seller will keep the data thus collected for a period of 5 years, covering the time of
the prescription of the applicable contractual civil liability.
9.6 Security and privacy
The Seller implements organizational, technical, software and physical measures in
digital security to protect personal data against alterations,
destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage
information on the Internet.
9.7 Implementation of Customer and user rights
In application of the regulations applicable to personal data, Customers and
users of the https://www.lescreasdaubry.com website have the following rights:
They can update or delete the data concerning them in the manner
next :
_______________.
They can delete their account by writing to the email address indicated in article 9.3 “
Data controller »
They can exercise their right of access to know the personal data concerning them
by writing to the address indicated in article 9.3 "Data controller"
If the personal data held by the Seller is inaccurate, they may
request the update of the information of the information by writing to the address indicated at
Article 9.3 "Data controller"
They can request the deletion of their personal data, in accordance with
applicable data protection laws by writing to the address given at
Article 9.3 "Data controller"
They can also request the portability of the data held by the Seller to a
other provider
Finally, they can object to the processing of their data by the Seller
These rights, provided they do not conflict with the purpose of the processing, may be exercised by
sending a request by post or e-mail to the Data Controller whose
contact details are given above.
The controller must provide a response within a maximum of one month.
In the event of refusal to grant the Customer's request, the latter must be motivated.
The Customer is informed that in the event of refusal, he can lodge a complaint with the CNIL (3 place
de Fontenoy, 75007 PARIS) or seize a judicial authority.
The Customer may be asked to tick a box in respect of which he agrees to receive emails at
informative and advertising nature on the part of the Seller. He will always have the possibility of withdrawing his
agreement at any time by contacting the Seller (contact details above) or by following the link of
unsubscribe.
ARTICLE 10 - Intellectual property
The content of the https://www.lescreasdaubry.com site 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 is likely to
constitute an offense of counterfeiting.
ARTICLE 11 - Applicable law - Language
These T&Cs and the resulting operations are governed by and subject to French law.
These T&Cs are written in French. In the event that they are translated into a
or several foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 12 - Disputes
For any complaint, please contact customer service at the Seller's postal or email address.
indicated in ARTICLE 1 of these GCS.
The Customer is informed that he may in any case resort to conventional mediation, with
existing sectoral mediation bodies or any alternative method of settling disputes
disputes (conciliation, for example) in the event of a dispute.
In this case, the designated mediator is
_______________
_______________
_______________
E-mail : _______________.
The Customer is also informed that he can also use the Online Payment platform
Litigation (RLL): 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
CGV and which would not have been the subject of an amicable settlement between the seller or by mediation, will be
submitted to the competent courts under the conditions of common law.