GENERAL TERMS OF SALES
PREAMBLE
The purpose of these general terms of sale (also called "GTS") is to define the rights and obligations of the parties in connection with the online sale of goods offered on the website https://feuilledartichaut.com/.
The "seller" is :
The individual company Léozane Wachs, under the trade name Feuille d'Artichaut
SIRET : 882 303 480 00017
Located 19 Rue du Modulor, 67370 DINGSHEIM (FRANCE)
URL adress of the website : https://feuilledartichaut.com/
E-mail : feuille-dartichaut@orange.fr
Phone Number : +33(0)617737102
Feuille d'Artichaut offers top-of-the-range creations, in unique pieces or in limited series.
The "buyer" is any adult natural person, non-commercial, acting for non-professional purposes, having full legal capacity.
1. PURPOSE OF THE CONTRACT
By concluding a purchase, the buyer unreservedly accepts these General Terms of Sale and thereby enters into a contract with the seller.
These GTS apply to all sales concluded on this website, to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
The seller reserves the right to modify these general conditions of sale at any time. They will be applicable as soon as they are put online and it is up to the customer to refer to them when purchasing. These GTS will apply to all items offered for sale on the site on the day of the customer's order, without reservation. They will take precedence over any other document, where applicable.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
2. PRODUCTS
The products governed by these general conditions are those present in the "shop" tab (URL : https://feuilledartichaut.com/boutique/). They are offered within the limits of available stocks.
Each of these products is the subject of non-contractual photographs, and a description of its main characteristics, in particular its material, color, size and others where applicable. However, if errors or omissions may have occurred as to to this presentation, the responsibility of the seller could not be engaged.
All of the items offered in the store are handmade by the designer Léozane Wachs, and are therefore artisanal. As a result, minimal differences may exist between the photograph and the product sent to the customer.
In addition, the materials used (fabrics, buttons, ribbons, etc.) are mostly old/vintage materials, the stock of which is extremely limited. Feuille d'Artichaut therefore reserves the right, to remain faithful to its eco-responsible values, to slightly modify a product in the event of a stock shortage of an element of the model that can easily be replaced by another version of this element (for example, a model of buttons). In this case, the customer will be informed by e-mail of the change related to his purchase.
It should be noted that working mainly from old textiles (also called vintage) or recycled, it is impossible for us to guarantee 100% the composition of these textiles. We can simply assume the animal, vegetable or artificial origin of a tissue. The responsibility of the seller cannot be engaged in the event of an error in the composition of a product.
Feuille d’Artichaut reserves the right to modify the descriptions of these articles at any time, and to withdraw or put back on sale any article present on the site.
Full ownership of the product is retained by Feuille d’Artichaut until full payment by the customer.
3. PRICE
The prices are indicated individually in Euros (€).
Pursuant to article 293 B of the CGI, VAT is not applicable for Feuille d’Artichaut.
However, where applicable, the prices are indicated inclusive of all taxes (including VAT) and excluding delivery costs. The price of the latter, if applicable, is specified when finalizing the order.
The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the selling price of the products.
The seller reserves the right to modify its prices at any time. The price in force will be that appearing on the site at the time of the buyer's order.
4. ORDER
The buyer can place an order through the online catalog, using the dedicated form, within the limits of available stocks.
The buyer will be informed of any unavailability of the product ordered.
For the order to be validated, the buyer must first accept these general conditions, by ticking a box referring to these GCS.
He will then have to choose the address and the delivery method, then finally validate the payment method.
The confirmation of the order is made through an e-mail which summarizes all the items chosen, the billing and delivery address as well as the estimated date of delivery. The customer must accept that this confirmation can serve as proof of the contractual relationship between the company and the customer.
The sale will be considered final after sending the buyer confirmation of acceptance of the order by the buyer, by email, and after receipt of the full price (product plus delivery if applicable) by the seller.
Any order implies acceptance of the prices and the description of the product(s) ordered, as well as these GTS.
In the event of a payment default, an incorrect address, or another problem, the seller reserves the right to block the buyer's order until the problem is resolved.
For any questions relating to the order, the buyer can contact Feuille d'Artichaut using the contact form, or using the e-mail address feuille-dartichaut@orange.fr, or using the following telephone number : +33(0)617737102 (cost of a local call) Monday to Friday from 10 a.m. to 12 p.m. and from 2 p.m. to 6 p.m (French time).
5. PAYMENT
Any order implies a payment obligation, which means that placing the order implies payment by the buyer.
To pay for his order, the buyer can choose between the different payment methods made available to him and listed on the site by the seller.
The buyer guarantees to the seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form.
The seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization for payment by credit card from officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully paid a previous order or with whom a payment dispute is in progress.
The payment of the price can be made according to the following methods :
- bank payment card
- bank transfer
Online payment by credit card guarantees to be secure. The transactions carried out on this site are highly secure for the entry of payment data: card number, expiry date and visual cryptogram. However, from the moment the customer finds himself on a bank tab, Feuille d’Artichaut relinquishes all responsibility for private data.
Feuille d’Artichaut will not be held responsible for the consequences in the event of errors concerning the information provided by the customer when placing an order.
6. SHIPPING AND DELIVERY
6.a. Delivery countries
Items for sale on this site are available for delivery to the following countries : Albania, Germany, Andorra, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia , Finland, France, Gibraltar, Greece, Guernsey, Hungary, Ireland, Iceland, Italy, Jersey, Latvia, Liechtenstein, Lithuania, Luxembourg, North Macedonia, Malta, Moldova, Monaco, Montenegro, Norway, Netherlands, Poland, Portugal , Romania, United Kingdom (UK), Czech Republic, San Marino, Serbia, Slovakia, Slovenia, Sweden, Switzerland, Ukraine, Åland Islands, Isle of Man, Faroe Islands.
6.b. Delivery times
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in Metropolitan France and Corsica, the shipping time is 2 to 30 days maximum, from the day following that on which the buyer placed his order, according to the following terms : colissimo. At the latest, the delivery period will be 30 working days after the conclusion of the contract.
For deliveries in the DOM-TOM or any other country, the delivery terms will be specified to the buyer on a case-by-case basis.
In the event of non-compliance with the agreed delivery date or time, the buyer must, before breaking the contract, order the seller to perform it within a reasonable additional period. In the absence of execution at the end of this new period, the buyer may freely terminate the contract.
The contract will be considered resolved upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has performed in the meantime.
The buyer may, however, immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.
In this case, when the contract is resolved, the seller is required to reimburse the buyer for all the sums paid, at the latest within 14 days following the date on which the contract was terminated.
In case of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the possibility of canceling his order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days of their payment at the latest, or the exchange of the product.
6.c. Delivery terms
Once the shipping number is in his possession, the customer can follow the progress of his package on the carrier's website. If the customer is absent during delivery, the package will then be under the full and exclusive responsibility of the carrier.
The products are delivered to the address indicated by the buyer when ordering. Any package returned to the seller because of an incorrect or incomplete delivery address provided by the buyer will be reshipped at the buyer's expense.
Any damage suffered by the product during transport can not be the responsibility of Feuille d’Artichaut. If the package is damaged, torn or opened upon receipt, the buyer must check the condition of the items inside the package before dismissing the delivery person. If the items have been damaged during transport, the buyer must imperatively refuse the package and note a reservation on the delivery note (package refused because opened or damaged). The buyer must indicate on the delivery note, in the form of handwritten reservations accompanied by his signature, any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken product, etc.).
L’acheteur devra alors confirmer par courrier recommandé ces réserves au transporteur, au plus tard dans les deux jours ouvrables suivant la réception du ou des articles, et transmettre une copie de ce courrier au vendeur, à l’adresse indiquée dans les mentions légales du site.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any complaint made outside this period cannot be accepted. The return of the product can only be accepted for products already made, and in their original state (packaging, accessories, instructions, etc.). Returns are not accepted for custom, half-made and made-to-measure pieces.
7. CONDITIONS OF WITHDRAWAL
According to Law No. 2014-344 of the French Consumer Code, the buyer has a period of 14 days from the date of delivery of his order to return any item that does not suit him and request an exchange or reimbursement without penalty, with the exception of return costs which remain the responsibility of the buyer.
To exercise his right of withdrawal, the buyer must first contact Feuille d’Artichaut via the contact form available on the website, or via the following e-mail address : feuille-dartichaut@orange.fr.
Après avoir pris contact avec le vendeur et confirmé avec lui la non-conformité des produits par rapport aux indications figurant sur le bon de commande, l’acheteur recevra de la part du vendeur un bon de retour.
L’acheteur doit retourner le colis, comportant l’entièreté des articles qu’il souhaite retourner dans leur emballage d’origine, ainsi que la facture d’achat et le bon de retour, à l’adresse suivante : 19 Rue du Modulor 67370 Dingsheim.
Only items that are new, unworn, complete and in perfect condition will be refunded. Damaged, soiled (stains, odors, etc.) or incomplete products will not be taken back.
Any withdrawal made beyond 14 days cannot be accepted.
Withdrawal is excluded for goods such as goods personalized or made to the specifics of the consumer. As a result, no withdrawal period will be authorized for products made in half-measures or made-to-measure. No return or refund can therefore be made on this basis.
In the event of exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the delivery costs are reimbursed.
Return costs are the responsibility of the buyer.
The exchange (only subject to availability) or the refund will be made within a maximum period of 14 days from the receipt, by the seller, of the products returned by the buyer under the conditions provided for above.
Toutefois, pour une vente de biens, le vendeur peut différer le remboursement jusqu’au jour de récupération des biens ou jusqu’à ce que l’acheteur ait fourni une preuve d’expédition des biens.
The seller reimburses you by the same means of payment as for the purchase. If you agree, he can also use another means at no additional cost to you.
8. WARRANTY CONDITIONS AND LIABILITY
8.a. Legal guarantee of conformity
The seller guarantees the conformity of the goods sold with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-4 and following of the consumer code.
In the event of implementation of the legal guarantee of conformity, it is recalled that :
- the buyer has a period of 2 years from the delivery of the goods to act ;
- the buyer can choose between repairing or replacing the good ; the seller, however, retains the possibility of refusing the solution chosen by the consumer if its cost is disproportionate to the solution not chosen ;
- the buyer does not have to provide proof that the lack of conformity was present at the time of delivery within 24 months for new goods (and 6 months for second-hand goods) after delivery. Indeed, Article L217-7 of the French Consumer Code provides that defects of conformity are presumed to exist at the time of delivery of the goods if they appear within these deadlines.
8.b. Legal warranty against hidden defects
In accordance with articles 1641 and following of the civil code, the seller is liable for hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed at the time of the sale of the property and are of such a nature as to render the property unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect.
The buyer can choose between canceling the sale or reducing the price in accordance with article 1644 of the civil code.
8.c. Responsibility
Feuille d'Artichaut is in no way responsible in the event of out of stock, late delivery, strikes or any other case of force majeure or situation which does not entirely depend on the company. Similarly, the company cannot be held responsible in the event of an internet network malfunction occurring at any time during the order (lack of service, computer virus, etc.).
Regarding half-measure or made-to-measure creations, a size defect cannot be blamed on Artichoke Leaf. Indeed, the customer is in charge of measuring himself, thanks to the guide made available on the site, the places requiring these measurements. If, however, the measurements do not correspond to those requested (with a manufacturing margin of approximately 10 to 15 mm), the customer may exceptionally exercise his right of withdrawal (article 6).
9. DISPUTES AND MEDIATION
These GTS are subject to French law.
In the event of a dispute, the seller and the buyer will first seek an amicable solution. In the event of failure of the latter, any complaint by one or other of the parties will be subject to the action of the competent court (either the court of the domicile of the opponent, or the court of the place where the property was delivered).
The buyer has the option of using a mediator. He can contact the European online dispute resolution platform (RLL).
10. INTELLECTUAL PROPERTY
In terms of intellectual property, the content of the website https://feuilledartichaut.com/ is the exclusive property of Individual Company Léozane Wachs – Feuille d’Artichaut.
Buyers agree not to make any use of this content (information, illustrations, images) ; any total or partial reproduction of this content without the full agreement of Feuille d’Artichaut is strictly prohibited and is likely to constitute an offense of counterfeiting.
11. FORCE MAJEURE
All circumstances beyond the control of the parties, and preventing the performance of their obligations under normal conditions are considered as causes for exemption from the obligations of the parties, and lead to their suspension.
The party who invokes a case of force major must immediately notify the other party of its occurrence, as well as of its disappearance.
In the event of force majeure such as (non-exhaustive list): war, civil war, natural disaster, fire, flood, partial or complete strike, Feuille d’Artichaut cannot be called into question.
If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
12. DURATION
These General Terms of Sale and their possible updates are valid for the entire duration of the online publication of the website.