General terms and conditions of sale
- The sole proprietorship Coloratura
- located at 21 Grand Rue, 24560 ISSIGEAC
- URL address of the site: https://www.coloraturacreations.com
- e-mail: coloratura@posteo.net
- telephone: 06 84 72 34 27
Article 3 – Pre-contractual information
The purchaser acknowledges having been informed, prior to placing his/her order and to the contract, in a legible and comprehensible manner, of these general terms and conditions of sale and all the information listed in article L. 221-5 of the French Consumer Code.
The following information shall be provided to the purchaser in a clear and comprehensible manner:
– the essential characteristics of the goods
– the price of the goods and/or how the price is calculated
– and, where applicable, any additional transport, delivery or postage charges and any other charges that may be due.
– in the absence of immediate performance of the contract, the date or period within which the seller undertakes to deliver the goods, regardless of the price;
– information relating to the seller’s identity, postal, telephone and electronic contact details and its activities, as well as information relating to legal warranties, digital content functionalities and, where applicable, its interoperability, the existence and terms and conditions of implementation guarantees and other contractual conditions.
Article 4 – Ordering
The buyer may place an order online, using the online catalogue and the form provided therein, for any product, subject to availability catalogue and using the form provided therein, for any product within the limits of available stocks. The buyer will be informed of any unavailability of the product or good ordered. In order for the order to be validated, the buyer must accept, by clicking where indicated, the these general terms and conditions. They must also choose the delivery address and method, and finally validate the method of payment. The sale will be considered final :
– after the seller has sent the buyer confirmation of acceptance of the order by e-mail
e-mail ;
– and once the seller has received payment in full.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any will be dealt with in the context of a possible exchange and the guarantees mentioned below. In certain cases, such as non-payment, incorrect address or other problems with the buyer’s account account, the seller reserves the right to block the buyer’s order until the problem has been until the problem has been resolved. For any questions relating to the tracking of an order, the buyer should call the following telephone number 06 84 72 34 27 (cost of a local call), on the following days and at the following times: From Monday to Friday from 9am to 7pm, or send an e-mail to the seller at the following address coloratura@posteo.net
Article 5 – Electronic signature
The online provision of the purchaser’s bank card number and the final validation of the order will order shall constitute proof of the purchaser’s agreement:
– Payability of the sums due under the order form,
– signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card, the purchaser is invited, as soon as this use is noted, to contact the seller on the following number contact the seller on the following telephone number: 06 84 72 34 27.
Article 6 – Order confirmation
The seller will provide the buyer with a copy of the contract by e-mail.
Article 7 – Proof of transaction
The computerised registers, kept in the seller’s computer systems under reasonable conditions of security conditions, will be considered as proof of the communications, orders and payments and payments between the parties. The archiving of order forms and invoices on a reliable and durable medium that can be produced as proof.
Article 8 – Product information
The products governed by these general terms and conditions are those which appear on the seller’s website website and which are indicated as sold and dispatched by the seller. They are offered within the available stocks. The products are described and presented as accurately as possible. However, if any errors or omissions in this presentation, the seller may not be held liable. be held liable. Photographs of products are not contractually binding.
Article 9 – Prices
The seller reserves the right to modify its prices at any time, but undertakes to apply the current prices indicated at the time of the order, subject to availability on that date. Prices are given in euros. They do not take into account delivery charges, which are invoiced in indicated before the order is validated. Prices include VAT applicable on the date of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online shop. If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, either upwards or downwards, the price of the products would be automatically increased/modified, either upwards or downwards, this change may be passed on to the sale price of the products.
Article 10 – Method of payment
This is an order with an obligation to pay, which means that the placing of the order order implies payment by the purchaser.
In order to pay for their order, the purchaser has the choice of all the methods of payment made available to them by the seller and listed on the seller’s website. The buyer guarantees the seller that he/she has the necessary authorisations to use the method of payment chosen by the buyer when validating the order form. The seller reserves the right to suspend any order processing and delivery in the event of a refusal to authorise payment by credit card from officially accredited organisations or in the event of non-payment. The seller notably reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress. The price must be paid in full on the day the order is placed, using the following methods: by credit card .
Article 11 – Product availability – Refunds – Rescission
Except in cases of force majeure or during periods when the online shop is closed, which will be clearly announced on the home page of the site, the delivery times will be, within the limit of available stocks those indicated below. Delivery times run from the date on which the order is indicated on the order confirmation email. For deliveries in mainland France and Corsica, the delivery time is 5 days from the day following the day on which the buyer placed the order according to the following methods: Colissimo.
At the latest, the deadline will be 30 working days after the conclusion of the contract. For deliveries to French overseas departments and territories or to another 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 delivery period, the purchaser must, before terminating the contract, request the seller to perform within a reasonable additional period. If the seller fails to meet the agreed delivery date or delivery period by the end of this additional period, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgement of receipt or in writing on another durable medium. The contract shall be deemed to have been terminated on receipt by the seller of the letter or written document informing him of such termination, unless the trader has performed in the meantime. The buyer may, however, cancel the contract immediately if the dates or deadlines referred to above constitute an essential condition of the contract. In this case, when the contract is cancelled, the seller is obliged to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was terminated.
In the event that the product ordered is unavailable, the buyer will be informed as soon as possible and will have the option of cancelling the order. The buyer will then have the choice of requesting either a reimbursement of the sums paid within 14 days at the latest of their payment, or the exchange of the product.
Article 12 – Delivery terms
Delivery means the transfer of physical possession or control of the goods to the consumer. The products ordered are delivered in accordance with the terms and conditions and within the period specified above. The products are delivered to the address indicated by the purchaser on the order form. Any parcel returned to the seller due to an incorrect or incomplete delivery will be resent at the buyer’s expense. At the buyer’s request, an invoice may be sent to the following address and not the delivery address, by validating the option provided for this purpose on the order form. If the purchaser is absent on the day of delivery, the deliveryman will leave a delivery notice in the letterbox, allowing the purchaser to collect the parcel within the time period indicated. If, at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery note (parcel refused because opened or damaged). The buyer must indicate on the delivery note and in the form of handwritten reservations any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged damaged parcel, broken products, etc.). This verification is considered to have been carried out as soon as the buyer, or a person authorised by the buyer has signed the delivery note. The buyer must then confirm these reservations to the carrier by registered letter no later than within two working days of receiving the item(s) and send a copy of this letter by fax or post to the seller at the address given in the site’s legal notice. If the products need to be returned to the seller, a return request must be made to the seller within 14 days of delivery. Any claim made outside this period will not be accepted. Product returns will only be accepted for products that are
Article 13 – Delivery errors
The purchaser must notify the seller of any claim of incorrect delivery and/or non-conformity of the goods on the day of delivery or, at the latest, on the first working day following delivery. Any claim of delivery error and/or non-conformity of the products in kind or in quality in relation to the information given on the order form. Any formulated beyond this deadline will be rejected.
The claim may be made, at the buyer’s option:
– telephone number: 06 84 72 34 27
– e-mail address: coloratura@posteo.net
Any claim not made in accordance with the rules defined above and within the time limits will not be taken into account and will release the seller from any liability towards the buyer. On receipt of the claim, the seller will allocate an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. A product can only be exchanged once the exchange number has been allocated. In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by Colissimo, Registered, to the following address: 21 Grand Rue, 24560 ISSIGEAC. The cost of returning the goods shall be borne by the seller.
Article 14 – Product warranty
14-1 Legal guarantee of conformity
The seller is responsible for the conformity of the goods sold with the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code. of the French Consumer Code. In the event of a claim under the legal guarantee of conformity, please note that :
– the buyer has a period of 2 years from the date of delivery of the goods in which to take action;
– the purchaser may choose between repairing or replacing the goods, subject to the cost conditions set out in article L. 217-17 of the French Consumer Code;
– the buyer does not have to prove the non-conformity of the goods for 24 months in the case of new goods (6 months in the case of second-hand goods), following delivery of the goods.
14-2 Legal guarantee against hidden defects
In accordance with Articles 1641 et seq. of the French Civil Code, the seller is liable for any hidden defects that may affect the item sold. It is up to the buyer to prove that the defects existed at the time of the sale of the goods and are such as to render the goods unfit for the use for which they were intended. This warranty must be invoked within two years of discovery of the defect. The buyer may choose between rescinding the sale or reducing the price in accordance with article 1644 of the French Civil Code.
Article 15 – Right of withdrawal
Application of the right of withdrawal
In accordance with the provisions of the French Consumer Code, the purchaser has a period of 14 days from the date of delivery of their order, to return any item that does not suit them and request an exchange and request an exchange or refund without penalty, with the exception of the cost of returning the item, which remain the responsibility of the buyer. Returns must be made in their original condition and in full (packaging, accessories, instructions, etc.). to enable them to be remarketed as new, accompanied by the purchase invoice. Damaged, soiled or incomplete products cannot be returned. The right of withdrawal may be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt will be sent immediately to the purchaser. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the desire to withdraw. If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the delivery costs are reimbursed. The cost of returning the goods shall be borne by the purchaser. The exchange (subject to availability) or refund will be made within 48 hours, and at the latest, within 14 days of receipt by the seller of the products returned by the buyer under the conditions set out above. Exceptions Under Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised in the following cases for contracts :
– the supply of goods whose price depends on fluctuations in the financial market beyond the control of the control of the professional and likely to occur during the withdrawal period ;
– the supply of goods made to the consumer’s specifications or clearly personalised; or personalised ;
– the supply of goods likely to deteriorate or expire rapidly;
– the supply of goods which have been unsealed by the consumer after delivery and which returned for reasons of hygiene or health protection;
– the supply of goods which, after delivery and by their nature, are inseparably mixed with other inseparably with other items;
– the supply of alcoholic beverages whose delivery is deferred for more than thirty days and whose agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the control of the trader;
– maintenance or repair work to be carried out urgently at the consumer’s home and expressly expressly requested by the consumer, within the limit of the spare parts and work strictly necessary to respond to the emergency;
– the supply of audio or video recordings or computer software where the latter have been unsealed by the consumer after delivery ;
– the supply of a newspaper, periodical or magazine, except for contracts for subscriptions to such publications; or to these publications;
– the supply of digital content not supplied on a tangible medium where performance has express prior agreement of the consumer and express waiver of the consumer’s right of withdrawal
Article 16 – Force majeure
Any circumstances beyond the control of the parties preventing the performance under normal performance of their obligations under normal conditions shall be considered as grounds for exoneration from the obligations of the parties and shall result in their suspension. The party that invokes the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance. Force majeure’ means any irresistible, unforeseeable, unavoidable event or circumstance beyond the control of the parties. parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be despite all reasonable efforts. It is expressly stated that force majeure or fortuitous events are considered to be, in addition to those generally accepted by the case law of the French courts and tribunals: the blocking of means of transport or supply earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks or difficulties specific to telecommunication networks external to customers. The parties will meet to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the case of force majeure lasts longer than three months, these general terms and conditions may be terminated by the injured party.
Article 17 – Intellectual property
The content of the website remains the property of the seller, who alone holds the intellectual property rights to this content. Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright.
Article 18 – Data protection
The nominative data supplied by the purchaser is required to process the order and to draw up invoices. It may be communicated to the seller’s partners responsible for the execution, processing, management and payment of orders, and payment of orders. The processing of information communicated via the website www.coloraturacreations.com has been declared to the CNIL. The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning them. This right may be exercised under the terms and conditions defined on the www.coloraturacreations.com website.
Article 19 – Partial non-validation
If one or more of the stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
Article 20 – Non-waiver
If one of the parties fails to take advantage of a breach by the other party of any of the obligations any of the obligations set out in these general terms and conditions shall not be interpreted as a waiver of the obligation in question.
Article 21 – Heading
In the event of any difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22 – Language of the contract
These general terms and conditions of sale are drawn up in French. In the event that they translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
Article 23 – Mediation
The purchaser may have recourse to conventional mediation, in particular with the Commission de la Médiation de la Consommation (Consumer Mediation Commission) or existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Article 24 – Applicable law
These general terms and conditions are subject to French law. The competent is the Tribunal d’Instance for disputes of €10,000 or less
or the Tribunal de Grande Instance for disputes involving sums in excess of €10,000. This applies to both substantive and formal rules. In the event of a dispute or complaint, the buyer should first contact the seller to obtain an amicable solution.
Article 25 – Protection of personal data
The personal data collected on this site is as follows:
Account opening: when the user’s account is created, his/her surname, first name, e-mail address, telephone number, postal address;
Connection: when the user connects to the website, it records, in particular, his/her name, connection data, usage data, location data and payment data.
Profile: when you use the services provided on the website, you can create a profile, which may include address and telephone number.
Payment: when paying for the products and services offered on the Website, the Website records financial data relating to the user’s bank account or credit card.
Communication: when the website is used to communicate with other members, data concerning the user’s data concerning the user’s communications is stored temporarily.
Cookies: cookies are used as part of the use of the site. Users may deactivate cookies using their browser settings.
Use of personal data
The purpose of the personal data collected from users is to make available website services, improving them and maintaining a secure environment. More specifically, it is used for the following purposes
– access to and use of the website by the user ;
– management of the operation and optimisation of the website;
– organisation of the conditions of use of the Payment Services;
– verification, identification and authentication of data transmitted by the user;
– offering the user the possibility of communicating with other users of the website;
– implementation of user assistance ;
– personalising services by displaying advertisements based on the user’s browsing history preferences;
– prevention and detection of fraud, malicious software and management of security incidents;
– management of any disputes with users;
– sending commercial and advertising information according to the user’s preferences.
Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
– when the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts contracts;
– when the user publishes, in the free comment areas of the website, information that is accessible to the public;
– when the user authorises a third party’s website to access his/her data;
– when the website uses the services of service providers to provide user support, advertising and payment advertising and payment services. These service providers have limited access to the user’s data in order to provide these services, and have a contractual obligation to use them in accordance with the use it in accordance with the provisions of the applicable regulations on the protection of personal data;
– if required by law, the website may transmit data in order to respond to claims against the claims against the website and to comply with administrative and judicial legal proceedings;
– if the website is involved in a merger, acquisition, sale of assets or insolvency proceedings, it may insolvency proceedings, it may be required to sell or share all or part of its assets, including data assets, including personal data. In this case, users will be informed before any personal data is transferred to a third party.
Security and confidentiality
The website implements organisational, technical, software and physical measures in terms of digital to protect personal data against alteration, destruction and unauthorised access, unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.
Implementation of users’ rights In application of the regulations applicable to personal data, users have the following rights, which they may exercise by sending a request to the following address coloratura@posteo.net
- the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before exercising this right, the website may request proof of the user’s identity in order to verify its accuracy. of the user’s identity in order to verify its accuracy.
- the right of rectification: if the personal data held by the website is inaccurate, they may request that the information be updated.
- the right to delete data: users may request the deletion of their personal data, in accordance personal data, in accordance with applicable data protection laws.
- the right to restrict processing: users may ask the website to restrict the processing of their personal data in accordance with the circumstances set out in the privacy policy. processing of personal data in accordance with the hypotheses provided for by the RGPD.
- the right to object to the processing of data: users may object to their data being processed in accordance with the hypotheses provided for by the RGPD.
- the right to portability: they may request that the website return to them the personal data to a new website.
Changes to this clause
The website reserves the right to modify this clause on the protection of personal data at any time. If a change is made to this
protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the modification by electronic mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he or she may have the option of deleting their account.
Appendices
Consumer Code
Article L. 217-4: ‘The seller shall deliver goods in conformity with the contract and shall be liable for any defects in
conformity at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions
instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility.
Article L. 217-5: ‘The goods conform to the contract:
1- If it is fit for the purpose usually expected of similar goods and, where applicable:
– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
– whether it has the qualities that a buyer may legitimately expect having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or on labelling;
2-Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L. 217-6: ‘The seller is not bound by public statements made by the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them’.
Article L. 217-7: ‘Defects in conformity that appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. In the case of second-hand goods, this period is set at six months. This presumption may be rebutted by the seller if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L. 217-8: ‘The buyer is entitled to demand that the goods conform to the contract. He may not conformity on the grounds of a defect that he was aware of or could not have been unaware of when he entered into the contract. The same applies when the defect is due to materials that he himself supplied.
Article L. 217-9: ‘In the event of a lack of conformity, the buyer may choose between repair and replacement. However, the seller may not proceed according to the buyer’s choice if this choice entails a manifestly disproportionate cost. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is manifestly disproportionate to the other option, taking into account
the value of the goods or the significance of the defect. In this case, the seller is obliged to proceed, unless this is impossible, in accordance with the method not chosen by the buyer.’
Article L. 217-10: ‘If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. If the solution requested, proposed or agreed in application of
article L. 217-9 cannot be implemented within one month of the buyer’s complaint; or the buyer; Or if this solution cannot be implemented without major inconvenience for the buyer, taking into account the nature of the goods and their intended use. However, the sale may not be rescinded. However, the sale may not be rescinded if the lack of conformity is minor.
Article L. 217-11: The application of the provisions of Articles L. 217-9 and L. 217-10 shall be at no cost to the buyer. These same provisions do not prevent the award of damages.
Article L. 217-12: ‘Action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods.
Article L. 217-13: ‘The provisions of this section do not deprive the buyer of the right to bring an action arising from redhibitory defects as set out in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature that he is entitled to by law.
Article L. 217-14: ‘The final seller may bring an action for recourse against successive sellers or intermediaries and against the producer of the tangible movable property, in accordance with the principles set out in this article. Intermediaries and the producer of the tangible movable property, in accordance with the principles of the Civil Code.
Article L. 217-15: ‘The commercial guarantee refers to any contractual commitment by a professional the consumer with a view to reimbursing the purchase price, replacing or repairing the goods or replacement or repair of the goods or the provision of any other service in relation to the goods, in addition to his legal goods, in addition to its legal obligations to guarantee the conformity of the goods. The commercial guarantee is the subject of a written contract, a copy of which is given to the purchaser. The contract specifies the content of the guarantee, how it is to be implemented, its price, its duration, its territorial scope and the name and address of the supplier, its territorial scope and the name and address of the guarantor. It must also state clearly and precisely that, independently of the commercial guarantee, the seller remains liable for the legal guarantee of conformity referred to in articles L. 217-4 to L. 217-
12 and that relating to defects in the item sold, under the conditions set out in articles 1641 to 1648 and 2232 of the French Civil Code.
The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the French Civil Code are reproduced in full in the contract. In the event of non-compliance with these provisions, the warranty shall remain valid. The purchaser is entitled to take advantage of it.
Article L. 217-16: ‘When the buyer asks the seller, during the term of the commercial guarantee granted to him at the time of the purchase or repair of a movable item, a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee. This period runs from the date of the purchaser’s request for intervention or from the date the goods are made available repair of the item in question, if this is made available after the request for service. French Civil Code Article 1641: ‘The seller is liable for any hidden defects in the item sold that which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have purchased it, or would have paid a lower price for it, if he had known about them’.
Article 1648: ‘The action resulting from redhibitory defects must be brought by the purchaser, within a 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 may be discharged of any apparent ‘defects’ or ‘lack of conformity’.
Appendix:
Withdrawal form
(to be completed by the consumer, and sent by registered letter with acknowledgement of receipt, within a maximum period of 14 days following the date of conclusion of the service contract)
For the attention of: Coloratura
located at 21 Grand Rue, 24560 ISSIGEAC
telephone number : 06 84 72 34 27
e-mail address: coloratura@posteo.net
I hereby notify you of my withdrawal from the contract for the provision of the service,
ordered on: ………
First name and surname of consumer: ……………..
Consumer’s address: ……………..
Date: ………………
Consumer’s signature
_________________________________________________________________________