Between the Association Sainte Thérèse, 31 rue du Carmel, 14100 Lisieux, Association law 1901, duly authorized for the purposes hereof.
The association can be reached by email by clicking on the contact form accessible via the home page of the site or the menu. Or directly using the address 31 rue du Carmel, 14100 Lisieux
Hereinafter the "Seller" or the "Association". On the one hand, And the natural or legal person purchasing products or services from the Association, Hereinafter, “the Purchaser”, or “the Customer” On the other hand, He has been exposed and agreed as follows:
The Seller is the publisher of the Association's Products and Services for consumers, marketed through its website (https://www.therese-de-lisieux.catholique.fr/ ). The list and description of the goods and services offered by the Association can be consulted on the aforementioned site.
Article 1: Object
These General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by the Seller.
Article 2: General provisions
These General Conditions of Sale (GTC) govern the sales of Products or Services, made through the Association's website, and are an integral part of the Contract between the Buyer and the Seller. They are fully opposable to the Buyer who accepted them before placing an order. The Seller reserves the right to modify these conditions at any time by publishing a new version on its website. The GTC then applicable are those in force on the date of payment of the order. These T & Cs can be viewed on the Association's website at the following address: https://www.therese-de-lisieux.catholique.fr/
The Association also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares to have read all of these General Conditions of Sale, and where applicable the Special Conditions of Sale related to a product or a service, and to accept them without restriction or reservation.
The Customer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs.
The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committed.
Unless proven otherwise, the information recorded by the Association constitutes proof of all transactions.
Article 3 Price
The prices of the products sold through the Internet sites are indicated in Euros all taxes and precisely determined on the pages of descriptions of the Products. They are also indicated in euros all taxes included (VAT + any other taxes) on the product order page, and excluding specific shipping costs. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to obtain information on these aspects from the corresponding local authorities. The Association reserves the right to modify its prices at any time for the future. The telecommunications costs necessary for access to the Association's website are the responsibility of the Customer. If applicable, also the delivery costs.
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 place his order:
- Information on the essential characteristics of the Product;
- Choice of the Product, if applicable, of its options - Indication of the essential contact details of the Customer (identification, email, address, etc.);
- Acceptance of these General Conditions of Sale
- Verification of the elements of the order (double click formality) and, if necessary, correction of errors. Before proceeding with its confirmation, the Purchaser has the possibility to check the details of his order, its price, and to correct any errors, or to cancel his order. Confirmation of the order will constitute the formation of this contract.
- Then follow the instructions for payment, payment for the products, then delivery of the order.
The Customer will receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it.
The customer will have the opportunity during his ordering process to identify any errors made in entering data and correct them.
The terms of the offer are sent by email to the buyer when ordering and archived on the Seller's website. Where applicable, the professional and commercial rules to which the author of the offer intends to abide can be consulted on the Seller's website at the following address: https://www.therese-de-lisieux.catholique.fr/
The archiving of communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information can be produced as proof of the contract.
For the products delivered, delivery will be made to the address indicated by the Customer. For the purposes of successful completion of the order, the Customer undertakes to provide their true identification information. The Seller reserves the right to refuse 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 purchaser on the Association's websites, as well as, where applicable, the mode of use of the product. In accordance with article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or any other appropriate process, of the prices and the special conditions of sale and of the execution of services before any conclusion of the sales contract. In all cases, the total amount owed by the Buyer is indicated on the order confirmation page. The selling price of the product is that in force indicated on the day of the order, this one not including the shipping costs invoiced in addition. These possible costs are indicated to the Buyer during the sales process, and in any event at the time of confirmation of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the products or services are not executed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, his postal and electronic contact details, and his activities in the context of this sale. The Seller undertakes to honor the Customer's order within the limit of stocks of available Products only. Otherwise, the Seller informs the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller will reimburse the customer. The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the Association's websites, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless there are specific conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address communicated).
Article 6: Compliance
In accordance with article L.411-1 of the Consumer Code, the products and services offered for sale through these T & Cs meet the requirements in force relating to the safety and health of persons, the loyalty of commercial transactions and consumer protection. Regardless of any commercial warranty, the Seller remains liable for any lack of conformity and hidden defects in the product.
In accordance with article L.217-4, the seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
These are products printed or embroidered on demand, therefore, the withdrawal period is not applicable, the item will not be returned or exchanged.
Article 7: Retention of Title
The products remain the property of the Association until full payment of the price.
Article 8: Terms of delivery
The products are delivered to the delivery address which was indicated when ordering and within the deadlines indicated. These times do not take into account the time taken to prepare the order. When the Customer orders several products at the same time, they may have different delivery times sent according to the following terms: delivery via one or more packages. In the event of a delay in shipping, file a complaint at the address 31 rue du Carmel 14100 Lisieux. In the event of late delivery, the Customer has the option of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller then refunds the product and the “one way” costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone point of contact (cost of a local call from a landline) indicated in the order confirmation email in order to follow up on the order. The Seller reminds that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer's responsibility to notify the carrier of any reservations about the product delivered.
Article 9: Availability and presentation
If an item is unavailable for a period exceeding 30 working days, you will be immediately notified of the foreseeable delivery times and the order for this item 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 ordering, including for pre-ordered products. The Customer can pay by payment card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by Société Générale. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or in the event of the impossibility of debiting the card, the Sale is immediately terminated as of right and the order canceled.
Article 11: Cancellation period
For products printed or embroidered on demand, therefore, the withdrawal period is not applicable, the item will not be returned or exchanged.
Article 12: Guarantees
In accordance with the law, the Seller assumes the following guarantees: of conformity and relating to hidden defects of the products. The Seller reimburses the buyer or exchanges products that are apparently defective or do not correspond to the order made. The reimbursement request must be made as follows: filing a complaint at the address 31 rue du Carmel 14100 Lisieux. The Seller reminds that the consumer:
- has a period of 2 years from the delivery of the goods to act with the Seller
- that he can choose between the replacement and the repair of the good subject to the conditions provided for by the aforementioned provisions. Apparently defective or not matching
- that it is exempted from providing proof of the existence of the lack of conformity of the good during the six months following the delivery of the good.
- that, except second-hand goods, this period will be extended to 24 months from March 18, 2016
- that the consumer can also assert the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose between the resolution of the sale or a reduction of the sale price ( provisions of articles 1644 of the Civil Code).
Article 13: Complaints and mediation
If necessary, the Purchaser may submit any complaint by contacting the Association using the following contact details, filing a complaint at the address 31 rue du Carmel 14100 Lisieux. 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 have recourse to a consumer mediator under the conditions provided for by Title I of Book VI of the Consumer Code. In the event of failure of the complaint request to the Seller's customer service, or in the absence of a response within two months, the consumer can submit the dispute to a mediator who will independently attempt to bring the parties together. with a view to obtaining an amicable solution.
Article 14: termination of the contract
The order can be resolved by the buyer by registered letter with acknowledgment of receipt in the following cases:
- delivery of a product that does not comply with the characteristics of the order;
- delivery exceeding the deadline set when ordering or, failing a date, within thirty days of payment;
- unjustified price increase or product modification.
In these cases, the buyer may demand the reimbursement 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. No transfer of intellectual property rights is carried out through these General Terms and Conditions. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 16: Force Majeure
The fulfillment of the obligations of the seller at the end of the present contract is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its execution. The seller shall 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 this contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written agreement signed by the parties. Article 18: Protection of personal data In accordance with Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, the Seller sets up a processing of personal data for the purpose of selling and delivering the 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, of the representative of the controller: the Seller, as indicated at the top of these GTC;
- the legal basis for processing: contractual performance
- the recipients or the categories of recipients of the personal data, if they exist: the data controller, his departments in charge of marketing, the departments in charge of IT security, the department in charge of sales, delivery and the order, the subcontractors involved in the delivery and sales operations as well as any authority legally authorized to access the personal data in question
- no transfer outside the EU is planned
- the retention period of the data: the period of the commercial prescription
- the data subject has the right to request from the controller access to, rectification or erasure of personal data, or a limitation of the processing relating to the data subject, or the right to object to the processing and the right to data portability
- The data subject has the right to lodge a complaint with a supervisory authority
- the information requested during the order is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, otherwise the order cannot be placed. No automated decisions 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 purchase and sale operations referred to therein, will be subject to French law. The nullity of a contractual clause does not entail the nullity of these general conditions of sale.
Article 19: Consumer information
For consumer information purposes, 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 warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. acquired, or would have given only a lower price, if he had 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 of the date on which the seller can be released from apparent defects or lack of conformity.
Article L. 217-4 of the Consumer Code: The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this 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 goods comply with the contract:
- 1 ° If it is suitable for the use normally expected of similar goods and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter 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 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, brought to the attention of the seller and which the latter has accepted.
Article L. 217-12 of the Consumer Code: Action resulting from lack of conformity lapses two years after 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 repair of movable property, condition covered by the warranty, any downtime of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.