General terms and conditions of sale Lafabriquedesmamans.com

ARTICLE 1. FIELD OF APPLICATION

The present General Terms and Conditions of Sale (hereinafter referred to as “GTCS”) apply, without restriction or reserve, to all sales concluded by the Seller with buyers who wish to acquire the products offered for sale (“the Products”) by the Seller on the lafabriquedesmamans.com website.

The main characteristics of the Products and in particular the specifications, illustrations and indications of weight, composition or packaging of the Products, are presented on the lafariquedesmamans.com website, which the customer is required to read before ordering. The choice and purchase of a product are the sole responsibility of the customer.

These GTC are accessible at any time on the lafabriquedesmamans.com site and will prevail over any other document. The customer declares that he/she has read these GTC and has accepted them by ticking the box provided for this purpose before the online ordering procedure is carried out. They are valid in their entirety for all our sales deliverable on the territory of Metropolitan France, Germany, Belgium, the Netherlands and Luxembourg as of November 1, 2018.

ARTICLE 2. ONLINE ORDERING

Any order placed on the lafabriquedesmamans.com website constitutes the formation of a contract concluded at a distance between the customer and the seller.

2.1 FORMATION OF THE CONTRACT AND ORDER TAKING

It is up to the customer to select the products he/she wishes to order on the lafabriquedesmamans.com site, according to the following procedures:
1. The reference
2. The packaging
3. The quantity
4. The delivery method

Product offers are valid as long as they are visible on the site, within the limit of available stocks.

The sale will only be considered valid after full payment of the price. As the online form is an order form, it is the customer’s responsibility to check the accuracy of the order and to report any error immediately.

La fabrique des mamans will send an order confirmation email entitled: “Order Confirmation”. In case of unavailability of one or more products after placing the order, the customer will be notified as soon as possible by e-mail by the seller. The amount of the order will be recalculated and only the new amount will be due, less the missing products, the rest of the order remaining firm and definitive. If the order is completely unavailable, the Customer will be informed as soon as possible by e-mail or telephone and will not be debited or reimbursed within fifteen (15) days at the latest after the amount has been debited from the bank account used to register the order.

The seller reserves the right not to confirm an order for any reason whatsoever, in particular due to the availability of products, a problem concerning the order received, an abnormal order, a foreseeable problem concerning the delivery to be made, or a dispute relating to a previous order.

Any cancellation of the order by the customer will only be possible before the delivery of the products (independently of the provisions relating to the application or not of the legal right of retraction).

2.2 CREATION OF A CUSTOMER ACCOUNT

In order to place an order, the customer is invited to create an account (personal space). To do so, he/she must register by filling in the form that will be offered to him/her at the time of his/her order and undertakes to provide sincere and accurate information concerning his/her civil status and contact details, in particular his/her e-mail address.

The customer is responsible for updating the information provided. It is specified to him that he can modify them by connecting to his account.

To access his personal space and order history, the Customer must identify himself using his user name and password which are strictly personal. As such, the customer shall refrain from disclosing them. Otherwise, he/she shall remain solely responsible for the use that is made of them.

The customer may also request to unsubscribe by going to the dedicated page on their personal space or by sending an email to hello@dev.lafabriquedesmamans.com. This will be effective within a reasonable time.

In the event of non-compliance with the general terms of sale and/or use, the lafabriquedesmamans.com site will have the possibility of suspending or even closing a customer’s account after a formal notice sent by electronic means has remained without effect. Any deletion of an account, for whatever reason, will result in the pure and simple deletion of all personal information of the client.

Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or maintenance modification, does not engage the responsibility of the seller.

The creation of an account implies acceptance of these general terms and conditions of sale.

2.3 PRICES AND PRICE REDUCTIONS

The products are supplied at the prices in force appearing on the lafabriquedesmamans.com website, and do not take into account the delivery costs, which are invoiced in addition. The delivery costs are indicated before the order is validated by the Customer. The prices are expressed in Euros, excluding tax (HT) and including all taxes (TTC). The prices take into account any discounts that may be granted by the seller.
The seller reserves the right to modify its prices at any time by publishing them online. An invoice is issued by the seller and given to the customer upon delivery of the ordered products.

2.4 PAYMENT

Payment is made by credit card, on a secure server by our service provider, Crédit Mutuel de Bretagne Arkéa. Payment data is exchanged in encrypted mode using the protocol defined by the service provider, and the seller has no access to confidential information relating to the customer’s payment method.

Payments made by the Customer shall not be considered final until the Seller has actually collected the sums due. The Seller shall not be obliged to deliver the products ordered by the Customer if the Customer does not pay the price in full in accordance with the above conditions.

ARTICLE 3. DELIVERY AND TRANSPORT

The products ordered by the customer will be delivered in metropolitan France or in the following areas: Germany, Belgium, Luxembourg and the Netherlands. Deliveries are made within 5 (five) working days to the address indicated by the customer when ordering on the site. Except in special cases or when one or more products are unavailable, the products ordered will be delivered in one go. The seller undertakes to make its best efforts to deliver the products ordered by the customer within the time limits specified above. However, these deadlines are communicated as an indication.

If the ordered products were not delivered within 10 (ten) working days after the indicative date of delivery, for any other cause than the force majeure or the fact of the customer, the sale will be able to be cancelled with the written request of the customer under the conditions envisaged in the articles L 216-2, L 216-3 and L 241-4 of the Code of the consumption. The sums paid by the customer will then be restored to him at the latest in the 14 (fourteen) days which follow the date of denunciation of the contract, with the exclusion of any compensation or retention.

Deliveries are made by La Poste in Colissimo, according to the delivery costs mentioned at the time of the order, to the address defined by the customer. Delivery is free of charge for all orders of 30 € or more. It is up to the customer to ensure that the delivery address is easily accessible by the carrier. In the event of an error, omission or inaccuracy in the transmission of delivery information (name, floor, door code, etc.), the seller cannot be held responsible for the impossibility for the carrier to deliver the order.

Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the customer’s expense.

The customer is obliged to check the condition of the products delivered, and has a period of 8 (eight) days following receipt of the goods in the event of non-conformity and within the same period from the discovery of the defect in the case of defective goods to make claims by e-mail or letter accompanied by all the relevant evidence (in particular photos). After this period and in the absence of having respected these formalities, the products will be deemed to be in conformity and free of any apparent defect and no claim will be validly accepted by the seller.

The seller will reimburse or replace, as soon as possible and at its own expense, the products delivered for which the lack of conformity or the apparent or hidden defects have been duly proven by the customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GTC.

ARTICLE 4. STORAGE AND MDS

The date of minimum durability (DDM) shown on our packaging is intended to inform consumers of the period during which our products retain their best organoleptic qualities. The maintenance of these qualities requires strict compliance with the storage conditions. We recommend storage in a dry place at a temperature between 15 and 22°C. As our customers are solely responsible for the management of their storage, our company cannot accept any claim or return for exceeding the DDM or deterioration of the products resulting from poor storage conditions.

ARTICLE 5. SELLER’S LIABILITY – GUARANTEES

The products supplied by the seller benefit from :
– The legal guarantee of conformity for defective, damaged or damaged products or products that do not correspond to the order.
– The legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for consumption.

ARTICLE 6. RETRACTION

According to the terms of article L221-18 of the French Consumer Code, “the consumer has a period of 14 (fourteen) days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone canvassing or off-premises, without having to give reasons for his decision or to bear other costs than those provided for in articles L 221-23 to L 221-25.
The Customer must write to hello@lafabriquedesmamans.com to inform of his decision to withdraw within 14 (fourteen) days of receiving the order.

The products must be returned in their original packaging and intact to the seller at the customer’s expense to the following address La fabrique des mamans, 13 b route de l’innovation, 29000 Quimper.

The exchange (subject to availability) or refund will be made within 14 (fourteen) days from receipt by the seller of the products returned by the customer under the conditions provided.

ARTICLE 7. DISPUTES

All disputes to which the purchase and sale operations concluded in application of the present general terms of sale could give rise, concerning both their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not be resolved between the seller and the customer, will be submitted to the competent courts under the conditions of common law. The customer is informed that he can in any case have recourse to a conventional mediation, with the existing sectorial mediation authorities or to any alternative method of dispute resolution (conciliation for example) in the event of a dispute.

The seller reserves the right to modify the present General and Specific Conditions of Sale at any time, without prior notice.

ARTICLE 9. FORCE MAJEURE

The parties shall be exonerated from their obligations in the event that a circumstance constituting a case of force majeure prevents their execution. The obligations will then be suspended.
Events beyond the control of the parties, which they could not reasonably avoid or overcome, shall be considered as force majeure or fortuitous events, insofar as their occurrence renders the performance of the obligations totally impossible or causes a delay in their performance. In particular, the following are considered as force majeure or fortuitous events which relieve our company of its obligation to deliver within the time limits initially planned: strike of part of the staff of MEGA ORGANICS, its suppliers or its usual carriers, fire, flooding, causes of disruption of supplies attributable to our suppliers.

ARTICLE 10. PERSONAL DATA

The client is hereby informed that personal information is collected for the purpose of selling the Products and sending / delivering them to the vendor. This personal data is collected solely for the purpose of executing the sales contract.

10.1 COLLECTION OF PERSONAL DATA

The seller shall keep in its computer systems and under reasonable security conditions a proof of the transaction including the order form and the invoice.
The seller guarantees the protection of the customer’s personal data.

10.2 DATA CONTROLLER

The data controller is the seller, within the meaning of the French Data Protection Act and, as of 25 May 2018, of Regulation 2016/679 on the protection of personal data

10.3 LIMITATION OF PROCESSING

Unless the customer expressly agrees, his or her personal data shall not be used for advertising or marketing purposes.

10.4 DATA RETENTION PERIOD

The seller will keep the data collected for a period of 5 years, covering the period of limitation of the applicable contractual civil liability.

10.5 SECURITY AND CONFIDENTIALITY

The seller implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised 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 of information on the Internet.

10.6 IMPLEMENTATION OF CUSTOMER AND USER RIGHTS

The customer has the right to access, modify and delete the information collected. They should then make a request by email to hello@lafabriquedesmamans.com or by post to the following address La Fabrique des Mamans, Pépinière des Innovations, 13 route de l’innovation, 29000 Quimper.

The seller will provide a response within a maximum of one month.

The customer is informed that in the event of refusal, he/she may lodge a complaint with the CNIL (3 place de Foutenoy, 75007 PARIS) or refer the matter to a judicial authority.

The customer may be asked to tick a box under which he/she agrees to receive informative and advertising emails from the seller. He will always have the possibility to withdraw his agreement at any time by contacting the seller or by following the unsubscribe link.

ARTICLE 11. INTELLECTUAL PROPERTY

The content of the lafabriquedesmamans.com website is the property of the seller and its partners and is protected by French and international laws on intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an offence of counterfeiting.

ARTICLE 12. APPLICABLE LAW – LANGUAGE

These GTC and the operations arising from them are governed by and subject to French law.

These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

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