General terms and conditions of sale
GENERAL TERMS AND CONDITIONS OF SALE
Version in force as from 28 January 2019
Article 1 – Scope of the GTCS and purpose
These General Terms and Conditions of Sale (or “GTCS”) apply without restriction or reservation to all sales concluded by Chose Commune SARL, a limited liability company with a share capital of €3,000, registered in the RCS Paris under the number 819 616 053, whose registered office is located at 7, impasse des Chevaliers – 75020 PARIS, represented by its legal representative, duly authorised for the purposes hereof (“the Seller”) to non-professional purchasers (“the Customers” or “the Customer” or “the Purchaser” or “the Purchasers”), wishing to acquire the products offered for sale by the Seller (“the Products”) on the website “www.chosecommune.com”(“the Site”).
The Site is an electronic commerce platform, which allows Internet users to acquire products as defined below. The GTCS specify in particular the terms and conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers. The Site and the Products are intended exclusively for individuals and are not for professionals, and are therefore subject to Articles L. 111-1 et seq. of the Consumer Code.
Acceptance of the GTCS is made as soon as the validation of the Order is finalised by the “double click” process as described in Article 4.2 of the GTCS. This acceptance can only be full and complete. Any conditional confirmation will be considered null and void.
These GTCS and the Order summary sent to the Customer form a contractual whole summarising all the agreements between the parties.
By the mere fact of validating the Order, the Purchaser declares to have read, understood, and accepted without reservation the terms of the said Order and the whole of these GTCS.
Article 2 – Products and compliance
2.1. The Products offered for sale are presented on the Seller’s Site and accompanied by a description containing the essential characteristics of the Product concerned.
2.2. The Products offered by the Seller comply with the applicable standards in France. The elements such as photographs, texts, graphics, as well as any information and features illustrating and/or accompanying the Products are not contractually binding, which the Customer acknowledges.
Article 3 – Orders
3.1 Placing the order
Orders are placed in French or in English, in € (Euros). Any Order that can be placed by the Purchaser directly on the Site carries the obligation of payment. For any Order, the Purchaser will bear the costs of telecommunications for accessing the Internet and using the Site. All the necessary steps for placing the Order are indicated on the Site.
During the Order placement, the Purchaser agrees to provide the information requested in the form and assures its truthfulness.
In case of prolonged inactivity during the connection, it is possible that the selection of the Products chosen before such inactivity will no longer be guaranteed. The Purchaser will be invited to resume the Product selection from the beginning.
In application of the provisions of the new Article 1127-1 of the Civil Code, the Purchaser may, before finalising an Order, return to the previous pages and correct and modify the Order and the information provided, before confirming this to indicate acceptance.
The Seller cannot be held liable for typing errors by the Purchaser in the order form. The Purchaser must ensure that he/she has provided accurate and complete information regarding the delivery address (street, building, stairwell, access codes, names and/or intercom numbers, etc.). Any reshipment caused by a lack of precision on the delivery address, will be the responsibility of the Purchaser.
3. Order confirmation
The confirmation of the Order is made in accordance with the provisions of the Consumer Code as per “double click” process.
The “double click” process consists of:
– a first click to place the Product in the basket;
– a second click to validate the basket having checked the content of the Order and modified, if necessary, the contents of the basket and the information relating to the payment and delivery of the Order.
It is clearly stated that the validation of the Order requires the Purchaser to pay for the Order immediately. Once the Order has been validated by the Purchaser by “double click”, an email acknowledging receipt of the Order and containing all of this information will then be sent to the Purchaser as soon as possible. The Purchaser must therefore provide a valid e-mail address when completing the fields relating to his/her identity.
Any Order validated by the Purchaser by the “double click” process constitutes an irrevocable acceptance that can only be brought into question within the limits provided for in these GTCS. In particular, all orders imply acceptance of prices and descriptions of products on sale.
The Seller reserves the right to suspend or cancel the execution of any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Purchaser, in the event of a payment incident, or in case of fraud or attempted fraud relating to the use of the Site, including on the occasion of previous Orders.
Certain Products may be made available for Pre-Order on the Site prior to their official release date.
The Customer may place a Pre-Order, it being specified that he/she acknowledges having read the information regarding the release date at the time of the opening of the Pre-Order phase.
Being solely responsible for the marketing of the Products, the Seller reserves the right to modify this release date at any time.
In the event that some Products are pre-ordered on the Site, the Pre-Order will be paid in the same way as for a conventional order, regardless of the contents of the rest of the basket which may contain other items for a conventional order. Only the delivery will be delayed until the announced release date.
Delivery of the Product will be made a few days after the official release date.
Article 4 – Price, availability, and payment terms
4.1 The prices displayed on the Site are shown in € (Euros) including all French taxes (French VAT and other applicable taxes), excluding postage. The shipping costs will be indicated in the Purchaser’s basket before the final validation of the order. Prices are subject to change at any time.
4.2 The Seller may accept orders within the limits of available stocks. It will inform the Purchaser of the availability of Products sold on the Site at the time of confirmation of the order. In case of temporary unavailability of a Product, the Seller will inform the Purchaser of new delivery times. The Purchaser may choose to cancel the order and be refunded in full, or accept delivery at a later date.
An invoice will be issued by the Seller and sent to the Purchaser upon delivery of the Products ordered.
4.3 All Orders are payable in €(Euros) and payment for purchases is made online using a bank card. The Purchaser will be debited the full amount indicated on the summary of the Order on the day of his/her Order. The Purchaser guarantees the Seller that he/she is fully authorised to use the payment card for the payment of his/her Order and that these means of payment legally give access to sufficient funds to cover all costs resulting from his/her Order on the Site. The Seller cannot be held liable for any fraudulent use of the payment method used. The Seller reserves the right to suspend or cancel any orders and/or shipping, whatever its nature and stage of execution, in the event of non-payment of any amount due from the Purchaser, or of any payment incident.
The data provided for paymentby bank card will be processed in a secure manner. The Seller has no access to these bank details, and does not keep them on its servers: for this reason, these details are systematically requested during any new transaction on the Site.
The Seller reserves the right to refuse to make a delivery or to honour an Order from a Purchaser who has not fully or partially settled a previous Order or for which a settlement dispute is ongoing.
In all cases, the online provision of a bank card number and the final validation of the Order will be proof of the entirety of the said Order in accordance with the new Article 1366 of the Civil Code, and will render the Purchaser liable for the sums committed by the selection of Products appearing on the Order form. This validation will be deemed as signature and express acceptance of all the operations carried out on the Site. The computerised records kept in the computer systems of the Seller and its partners under reasonable security conditions, will be considered as proof of communications, Orders and payments between the Purchaser and the Seller. The archiving of Order Forms and invoices will be processed using a reliable and durable system which allows a true lasting copy of the original in accordance with Article 1379, paragraph 2 of the Civil Code.
Article 5 – Delivery
5.1 The Seller delivers its Products worldwide. Products will be shipped with the order form, to the delivery address indicated by the Purchaser when ordering.
5.2 The shipping and delivery of orders will be made by the Post Office by registered letter, Colissimo or Colissimo international, according to the rates in force. Shipping costs will be free for a shipment in metropolitan France regardless of the amount of the order.
5.3 Once the order has been validated, the average delivery time will be three (3) to five (5) days for metropolitan France, and five (5) to ten (10) days for the rest of the world. The Seller cannot be held liable for a delay in delivery following a disruption of the postal network such as strike, weather, blockage of road networks, rail or air, etc.
5.4 Any anomaly concerning the delivery (product(s) missing compared to the delivery note, product error(s), damaged product(s), etc.) must be reported to the Seller by email ([email protected] ) no later than 7 working days after the delivery date. Beyond this deadline, any claim will be rejected.
Article 6 – Customs duties
Any order placed on the Site and delivered outside of France may be subject to taxes and customs duties which may be levied when the package reaches its destination. These customs duties and taxes related to the delivery of a product are the responsibility of the Customer. The Seller is not obliged to check and inform the Customer of customs duties and taxes.
To find out about these, the Seller advises the User to consult the competent authorities of his/her country.
Article 7 – Cancellations and returns
7.1 The Purchaser has a period of three (3) clear days to exercise his/her right to withdrawal his/her order.
7.2 The Purchaser will not be able to cancel an order once the Product(s) has been shipped.
7.3 If the Purchaser notices a manufacturing defect upon receipt (excluding damage caused by the transport), the Purchaser may return the Product(s) after having notified the Seller by email ([email protected]) no later than 7 working days after delivery, with proof. The Product must be returned in its original packaging, in its original condition, and accompanied by the invoice (or a copy) per package to the following address: Chose Commune, 7 impasse des Chevaliers 75020 Paris France. The Buyer will bear the cost of returning the Product. If the Product is not returned by the Purchaser within 5 working days after receipt of the return authorisation email, the return will be considered cancelled, and the Purchaser must keep the Product.
7.4 The returned Product will be refunded or exchanged within a maximum period of fifteen (15) days from its receipt by the Seller. The refund will not include the cost of return. If the Purchaser has chosen a refund, the amount to be refunded will be credited to the Purchaser’s bank account. If the Purchaser has chosen an exchange, the Seller will send the item in exchange (the Buyer will bear the shipping costs of the exchange). Exchanges are only valid for changes of the same Product. Failure by the Purchaser to comply with these conditions, including the terms of return or exchange, the Seller will not
refund the Products concerned.
Article 8 – Newsletter
The Seller may send newsletters by email or via any web spaces hosted by the Seller or its partners on social networks, subject to their prior acceptance. A Customer who did not wish to receive the newsletter during an Order may do so later on the “Newsletter” tab of the Site. The Customer has the right to unsubscribe to these items at any time, by clicking on the “unsubscribe” link in each email.
Article 9 – Transfer of Title
The transfer of ownership of the Seller’s products to the Customer will be made only after full payment by the latter, and regardless of the date of delivery of those products.
Irrespective of the date of the transfer of ownership of the Products, the transfer of the risks of loss and of deterioration relating thereto, will only take place (i) at the moment when the Customer physically takes possession of the Products if the carrier is proposed by the Seller or (ii) at the time the Customer delivers the Products to the carrier of his/her choice.
Article 10 – Guarantees and liability
The Seller cannot be held liable for any inconvenience or damage arising from the use of the Internet, including interruptions to service, external intrusions or the presence of computer viruses, or any act know as force majeure, in accordance with case law.
Article 11: Intellectual Property
Under no circumstances is the Customer allowed to download or modify all or part of the Site and in particular its content (products listed, descriptions, images, texts, etc.). This Site or any part of this Site must not be reproduced, copied, sold or exploited for commercial purposes without the express written permission of the Seller. In general, all copyrights, trademarks and other distinctive signs and rights of ownership or intellectual property appearing on the Site, will remain the exclusive property of the Seller or its partners. The Customer is therefore required to respect the intellectual property rights and may not use the brands appearing on the Site and the Products, if any, or file a trademark that would prejudice the owner of the rights, unless contractual provision to the contrary. The same is true for any other intellectual property right.
Article 12: Protection of personal data
12.1 The data processing manager
The personal information of the User gathered from the purchase form of a Product, or subscription to the newsletter, will be collected and processed by the Publisher, who is responsible for processing. By purchasing a Product on the Site, or by subscribing to the newsletter, you consent to us collecting and processing your data in the manner described here. The Publisher can be contacted at the following email address: [email protected]
2. What information do we collect about you?
a) The data that you send us directly
We collect and process your surname, first name, email address, postal address, and telephone number.
b) The data we automatically collect
c) The data we assume
12.3 Why does the Publisher collect my personal data?
a) The purpose of this collection is to manage our relationship with the Customer
b) Knowing the Customer
c) Site statistics and performances
12.4 With whom does the Publisher share my personal data?
When the User uses the Site Services, the personal data may be transferred to the company 34sp.com, the Site’s host, and to the company Woocommerce for the extension of the WordPress site. When the user uses the payment services, the data may be transferred to Société Générale as a service provider for online payment.
12.5 How long do we retain your data?
Your personal data will be kept for a period of time in accordance with legal provisions, or in proportion with the purposes for which they were recorded.
What is the legal basis for sending newsletters?
Consent: you accept the processing of your personal data by express consent: check box on the contact form. You may withdraw your consent at any time.
The data will be kept by the Publisher for the time necessary for the purposes for which they were collected. It is specified that, for the management of the subscription to the newsletters, your personal data will be preserved as long as you do not express your wish to unsubscribe.
12.6 What are my rights regarding the use of personal data?
In accordance with the regulations on the protection of personal data, you can exercise your rights of access, rectification, deletion, opposition, limitation, and portability where applicable, and define the fate of your personal data “post mortem”.
In general, the Customer can exercise his/her rights at any time, by email to the following address: [email protected] and by mail to Chose Commune 7 impasse des Chevaliers 75020 Paris. You also have the possibility to act directly by clicking on the link contained in our newsletters.
You also have the right to lodge a complaint with the National Commission for Data Processing and Liberties at the following address: Commission nationale de l’Informatique et des Libertés 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07 Tel : 01 53 73 22 22 (Monday to Thursday from 9:00 to 18:30 / Friday from 9:00 to 18:00) Fax: 01 53 73 22 00
Article 14 – Force majeure
In case of occurrence of a force majeure event, the party concerned must inform the other within fifteen (15) days of the occurrence of this event, by registered letter with acknowledgment of receipt. Explicitly, those events are deemed to be cases of force majeure which are usually held to be so by the decisions of the jurisprudence of French courts and tribunals. All obligations of the parties will be suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the contract concerned may be terminated automatically without compensation for either party.
Article 15 – Update
These general terms and conditions can be modified at any time and without notice by Chose Commune, the applicable conditions being those in force on the date of the order by the Customer.
Article 16 – Applicable law
These general terms and conditions are subject to French law with regard to the substantive rules as well as the rules of form. Any dispute must be the subject of a prior attempt to reach an amicable settlement.