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General Terms of Sale

General Terms of Sale

The website thechristmasfabric.com is a trademark operated by the company SAS OVOORO,
19 Allée de Brienne, 31000, Toulouse, France
with a share capital of 1000€.
registered with the Trade and Companies of Toulouse,
under the number SIREN 890918436
The site thechristmasfabric.com is represented and managed entirely by the company SAS OVOORO as a legal person in the capacity of manager, duly authorized for the purposes hereof.
The website can be contacted by email directly to customer@thechristmasfabric.com or by clicking on the contact form accessible at the bottom of the site.

Hereinafter the “Seller” or the “Company”. On the one hand, and the natural or legal person proceeding to the purchase of products or services of the company, hereinafter, “the Buyer”, or “the Customer” On the other hand, It was exposed and agreed what follows:

PREAMBLE

The Vendor is a publisher of Products and Services for the online sale of goods and services to consumers, marketed through its Internet sites (). The list and description of goods and services offered by the Company can be consulted on the above-mentioned sites.

Article 1: Purpose

The present General Terms 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

The present General Terms and Conditions of Sale (GTCS) govern the sale of Products or Services, made through the Company’s websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who has accepted them before placing an order. The Seller reserves the right to modify the present terms and conditions at any time by publishing a new version on its website. The applicable GTC are those in force at the date of payment (or first payment in case of multiple payments) of the order. These GTC are available on the website of the site at the following address: https://www.thechristmasfabric.com/conditions-generales-de-vente/
The Customer declares that he has read all of these General Terms and Conditions of Sale, and, if applicable, the Special Terms and Conditions of Sale related to a product or service, and accepts them without restriction or reservation.
The Customer acknowledges that he/she has received the necessary advice and information in order to ensure that the offer meets his/her needs.
The Customer declares that he/she is legally able to contract under French law or that he/she can validly represent the individual or legal entity for which he/she is contracting.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 3 : Prices

The prices of the products sold through the websites are indicated in Euros excluding taxes and precisely determined on the pages of description of the Products. They are also indicated in Euros including all taxes (VAT + other possible taxes) on the order page of the products, and excluding specific shipping costs. For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated exclusive of taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not under the responsibility of the Seller. They shall be borne by the Buyer and are the Buyer’s responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time in the future. The telecommunication costs necessary for access to the Company’s websites shall be borne by the Customer. If necessary, the delivery costs are also charged.

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 by electronic means in order to be able to carry out his order: – Information on the essential characteristics of the Product; – Choice of the Product, if necessary, of its options; – Indication of the essential contact details of the Customer (identification, email, address…); – Acceptance of the present General Terms of Sale; – Verification of the elements of the order (double click formality) and, if necessary, correction of the errors. Before proceeding to its confirmation, the Buyer has the possibility to check the details of his order, its price, and to correct any errors, or cancel his order. The confirmation of the order will entail the formation of this contract. – Then, the instructions for payment are followed, payment of the products, then delivery of the order. The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. He will receive a .pdf copy of these general conditions of sale.
During the ordering process, the customer will have the possibility to identify and correct any errors made in the data entry. The language proposed for the conclusion of the contract is the French language.
The terms and conditions of the offer and the general terms of sale are sent back to the buyer by email at the time of the order and archived on the Seller’s website. If applicable, the professional and commercial rules to which the author of the offer intends to submit can be consulted in the section “annexed rules” of the present GCS, which can be consulted on the Seller’s website at the following address
The archiving of communications, order details, as well as invoices is made on a reliable and durable medium so as 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 delivered products, the delivery will be made to the address indicated by the Customer. For the purposes of proper order fulfillment, the Customer agrees to provide truthful 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 buyer on the company’s websites, as well as, where appropriate, the method of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by marking, labeling, displaying or any other appropriate process, of the prices and particular conditions of the sale and performance of the services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the product is the one in force indicated on the day of the order, this one not including the shipping costs invoiced in supplement. These possible expenses are indicated to the Buyer during the process of sale, and in any case at the time of the 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 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 that he has 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 regarding the identity of the seller, his postal, telephone and electronic contact details, and his activities in the context of the present sale. The Seller undertakes to honour the Customer’s order within the limits of the available stocks of Products only. In the event of failure to do so, the Seller shall inform the Customer; if the order has been placed, and if no agreement has been reached with the Customer on a new delivery date, the Seller shall refund the Customer. The contractual information is presented in detail and in the French language. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The duration of validity of the offer of the Products as well as their prices is specified on the Company’s websites, as well as the minimum duration of the proposed contracts when they concern a continuous or periodic supply of products or services. Except under special 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 : Conformity

In accordance with Article L.411-1 of the Consumer Code, the products and services offered for sale through these GTCs meet the requirements in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection. Independently of any commercial guarantee, the Seller remains responsible for the defects of conformity and the hidden defects of the product.
In accordance with article L.217-4, the seller delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.
In accordance with the legal provisions concerning conformity and hidden defects (art. 1641 of the Civil Code), the Seller shall refund or exchange defective products or products that do not correspond to the order. The refund can be requested in the following way: filing a complaint to the address customer@thechristmasfabric.com

Article 7: Clause of property reserve

The products remain the property of the Company until the complete payment of the price.

Article 8 : Delivery terms

The products are delivered to the delivery address that was indicated at the time of the order and within the indicated time. These deadlines do not take into account the preparation time of the order. When the Customer orders several products at the same time, they may have different delivery times, delivered according to the following modalities: delivery via one or several packages. In case of delay in shipping, a complaint will be filed at customer@thechristmasfabric.com. In case of late delivery, the Customer has the possibility of resolving the contract under the conditions and procedures defined in Article L 138-2 of the Consumer Code. The Vendor shall then proceed to reimburse the product and the “outward” costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to follow up the order. The Seller reminds that when the Customer takes physical possession of the products, the risks of loss or damage of the products are 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

In case of unavailability of an article for a period exceeding 30 working days, you will be immediately warned of the foreseeable delays of delivery and the order of this article could be cancelled on simple request. The Customer will then be able to ask for a credit note for the amount of the article or its complete refund and the cancellation of the order.

Article 10 : Payment

Payment is due immediately upon ordering, including for pre-ordered products. The Customer can make the payment by credit card or bank check. The cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). The secure online payment by bank card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment is 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 by card is irrevocable. By communicating his banking information at the time of 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 the impossibility of debiting the card, the Sale is immediately cancelled by right and the order cancelled.

Article 11 : Retraction period

In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of his order. The right of withdrawal can be exercised by contacting the Company in the following way: filing a complaint at customer@thechristmasfabric.com. We inform Customers that in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for any item for which a manufacturing or delivery process is underway. In case of exercising the right of withdrawal within the above-mentioned period, the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Customer. Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.); if possible, they must be accompanied by a copy of the proof of purchase. In accordance with the legal provisions, you can ask for the standard form of retraction to be sent to us at the following address: customer@thechristmasfabric.com. Refund procedure: the refund procedure can be carried out after an investigation of the purchased product(s), more details on filing a complaint at customer@thechristmasfabric.com

Article 12 : Guarantees

In accordance with the law, the Seller assumes the following guarantees: of conformity and relative to the hidden defects of the products. The Seller shall reimburse the buyer or exchange the apparently defective products or those that do not correspond to the order placed. The request for refund must be made in the following way: filing a complaint at customer@thechristmasfabric.com
The Seller reminds that the consumer: – has a period of 2 years from the delivery of the goods to act with the Seller – can choose between the replacement or repair of the goods subject to the conditions provided by the above provisions. that he is exempted from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods. – that, except for second-hand goods, this period will be extended to 24 months from March 18, 2016 – that the consumer may also assert the warranty against hidden defects in the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between the resolution of the sale or a reduction in the sale price (provisions of Articles 1644 of the Civil Code). Additional guarantees : _ (describe your additional guarantees)

Article 13: Claims and mediation

If necessary, the Purchaser can present any complaint by contacting the company by means of the following coordinates filing a complaint at customer@thechristmasfabric.com. In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he/she may have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code. In case of failure of the request of complaint to the customer service of the Seller, or in the absence of answer within two months, the consumer can submit the dispute to a mediator who will try in all independence to bring closer the parties in order to obtain a friendly solution.

Article 14 : resolution of the contract

The order can be cancelled by the buyer by registered letter with acknowledgement of receipt in the following cases: – delivery of a product that does not conform to the characteristics of the order; – delivery beyond the deadline fixed at the time of the order or, in the absence of a date, within thirty days of payment; – an unjustified price increase or modification of the product. In these cases, the buyer can demand the refund of the deposit paid plus interest calculated at the legal rate from the date of collection of the deposit.

Article 15 : Intellectual property rights

The brands, 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 made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

Article 16 : Force majeure

The execution of the obligations of the seller under the present contract is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent the execution of the contract. The seller will notify the customer of the occurrence of such an event as soon as possible.

Article 17 : Invalidity and modification of the contract

If one of the stipulations of the present contract were to be cancelled, 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 and signed agreement of the parties. Article 18: Protection of personal data In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller implements a processing of personal data which has for its purpose the sale and delivery of products and services defined in this contract. The Buyer is informed of the following elements: – the identity and contact details of the data controller and, where applicable, of the data controller’s representative: the Seller, as indicated at the top of these GTC; – the contact details of the data protection officer: ……. – the legal basis of the processing: contractual performance – the recipients or categories of recipients of the personal data, if any: the data controller, its departments in charge of marketing, the departments in charge of IT security, the department in charge of sales, delivery and ordering, 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 foreseen – the duration of the data retention: the time of the commercial prescription – the data subject has the right to ask the controller for access to the personal data, the rectification or erasure thereof, or a limitation of the processing relating to the data subject, The data subject has the right to lodge a complaint with a supervisory authority – The information requested at the time of the order is necessary for the establishment of the invoice (legal obligation) and the delivery of the ordered goods, without which the order cannot be placed. No automated decision or profiling is implemented through the ordering process.

Article 18: Applicable law and clauses

All the clauses contained in the present general sales conditions, as well as all the purchase and sale operations referred to therein, shall be subject to French law. The nullity of a contractual clause does not entail the nullity of the present general conditions of sale.

Article 19: Consumer information

For the purposes of consumer information, 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 of the thing sold which render it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them. Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity.
Article L. 217-4 of the French Consumer Code: The seller delivers goods that conform to the contract and is responsible for any defects in conformity that exist at the time of delivery. He is also responsible for defects of conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.
Article L. 217-5 of the French Consumer Code: The good is in conformity with the contract: 1° If it is fit for the use usually expected of a similar good and, if applicable : – if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model; – if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller’s attention and accepted by the latter
Article L. 217-12 of the French Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-16 of the French Consumer Code: When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period shall run from the date of the buyer’s request for intervention or from the time the item in question is made available for repair, if this is after the request for intervention.

 

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