GENERAL TERMS AND CONDITIONS OF SALE
ARTICLE 1 – Scope of Application
These General Terms and Conditions of Sale (hereinafter “GTC”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (“Clients” or “Client”), wishing to acquire the products offered for sale (“Products”) by the Seller on the website www.lecomptoirdemalow.com.
The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity, are presented on the site www.lecomptoirdemalow.com, which the client is required to review before placing an order.
The choice and purchase of a Product are solely the responsibility of the Client. Product offers are subject to availability as specified at the time of order.
These GTC are accessible at any time on the site www.lecomptoirdemalow.com and will prevail over any other document. The Client declares having read these GTC and accepted them by checking the box provided for this purpose before proceeding with the online ordering process on the site www.lecomptoirdemalow.com.
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Client.
The Seller’s contact details are as follows:
Le Comptoir de Malow, Auto-entreprise
Capital of _______________ euros
Registered with the RCS of Limoges, under number 794 321 208 00025
25 route de l’étang
Email: lecomptoirdemalow@gmail.com
Phone: 0683581951
The Products presented on the site www.lecomptoirdemalow.com are offered for sale worldwide:
For orders to countries other than mainland France, the Client is the importer of the Product(s) concerned. For all Products shipped outside the European Union and DOM-TOM, the price will be automatically calculated excluding taxes on the invoice.
Customs duties or other local taxes or import duties may be required. These will be at the Client’s expense and are the sole responsibility of the Client.
ARTICLE 2 – Prices
The Products are provided at the rates in effect on the site www.lecomptoirdemalow.com at the time of order registration by the Seller. Prices are expressed in Euros, excluding taxes (HT) and including taxes (TTC).
Prices take into account any reductions granted by the Seller on the site www.lecomptoirdemalow.com.
These prices are fixed and non-revisable during their validity period, but the Seller reserves the right, outside this period, to modify prices at any time.
Prices do not include processing, shipping, transport, and delivery costs, which are billed in addition, as indicated on the site and calculated prior to the order. The amount requested from the Client corresponds to the total purchase amount, including these costs.
An invoice is issued by the Seller and given to the Client upon delivery of the ordered Products.
Certain orders may require a prior quote. Quotes issued by the Seller are valid for one year from their issuance.
ARTICLE 3 – Orders
It is the Client’s responsibility to select on the site www.lecomptoirdemalow.com the Products they wish to order, as follows:
The Client selects a product to add to their cart. The Client may remove or modify this product before finalizing the order and accepting these general terms and conditions of sale.
The Client will then fill in their delivery details. After validating the information and payment, the order will be considered final.
The Client will receive their order within 3 weeks of placing it. They may contact the creator before ordering to customize the chosen product precisely.
Product offers are valid as long as they are visible on the site, subject to availability. The sale is only considered valid after full payment of the price. It is the Client’s responsibility to verify the accuracy of the order and immediately report any errors.
Any order placed on the site www.lecomptoirdemalow.com constitutes the formation of a distance contract between the Client and the Seller. The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding the payment of a previous order.
The Client can track the progress of their order on the site.
Any cancellation of the order by the Client after its acceptance by the Seller is only possible within 2 days after the Seller’s acceptance of the order and as long as the delivery has not taken place (regardless of the provisions regarding the application or not of the legal right of withdrawal).
ARTICLE 4 – Payment Conditions
Payment is made via secure payment methods as follows:
- payment by credit card
- or payment by bank transfer to the Seller’s bank account (details provided to the Client at the time of order placement)
The payment is made in full by the Client at the time of order placement. Payment data is exchanged in encrypted mode via the protocol defined by the approved payment service provider for transactions made on the site www.lecomptoirdemalow.com.
Payments made by the Client are only considered final after the Seller has effectively received the amounts due.
The Seller is not obliged to deliver the ordered Products if the Client has not paid the full price in the above-mentioned conditions.
ARTICLE 5 – Deliveries
Products ordered by the Client will be delivered in mainland France or to the following areas:
Europe – United Kingdom – United States.
Deliveries occur within a maximum of 3 weeks if customization is requested, 10 days on average to the address specified by the Client at the time of order on the site.
Delivery is constituted by the transfer of physical possession or control of the Product to the Client. Unless otherwise specified or if one or more Products are unavailable, the ordered Products will be delivered in one go.
The Seller commits to making its best efforts to deliver the ordered Products within the specified deadlines.
If the ordered Products have not been delivered within 5 days after the indicative delivery date, for reasons other than force majeure or the Client’s fault, the sale may be resolved at the Client’s written request under the conditions provided for in articles L 216-2, L 216-3, and L241-4 of the Consumer Code. The amounts paid by the Client will then be refunded no later than fourteen days following the date of contract termination, excluding any compensation or deduction.
Deliveries are made by an independent carrier, to the address provided by the Client at the time of order and to which the carrier can easily access. When the Client arranges their own carrier, delivery is considered completed upon the Seller handing over the Products to the carrier who accepts them without reservation. The Client acknowledges that it is the carrier’s responsibility to effect the delivery and has no recourse against the Seller in case of failure to deliver the transported goods.
In the event of specific requests from the Client regarding packaging or transport conditions, which are duly accepted in writing by the Seller, the related costs will be subject to an additional invoice, based on a prior written quote accepted by the Client. The Client must check the condition of the delivered products. They have a period of #254 Maximum deadline for… from the delivery date to submit claims by email and phone, accompanied by all relevant evidence (photos, etc.). After this period and if these formalities are not respected, the Products will be deemed compliant and free of apparent defects, and no claim will be validly accepted by the Seller.
The Seller will refund or replace, as soon as possible and at its expense, Products delivered that have been proven to have defects in conformity or apparent or hidden defects, under the conditions provided for in articles L 217-4 and following of the Consumer Code and those provided for in these GTC.
The risk of loss and deterioration will only be transferred when the Client physically takes possession of the Products. The Products travel at the Seller’s risk unless the Client has chosen their own carrier. In this case, the risk is transferred at the time of handover to the carrier.
ARTICLE 6 – Transfer of Ownership
The transfer of ownership of the Products from the Seller to the Client will only be realized after full payment of the price by the latter, regardless of the date of delivery of the Products.
ARTICLE 7 – Right of Withdrawal
According to the provisions of Article L221-18 of the Consumer Code, “For contracts providing for the regular delivery of goods over a defined period, the period begins from the receipt of the first item”.
The right of withdrawal must be exercised online using the withdrawal form provided on the site or by any other declaration, clearly stating the Client’s wish to withdraw from the contract, sent by mail or email to the Seller’s contact details provided in Article 1. The Client may also use the withdrawal form available online at www.lecomptoirdemalow.com.
The Products must be returned in their original state and complete (packaging, accessories, notice) allowing for their re-marketing. Products that are damaged, soiled, or incomplete will not be accepted for return. The costs of returning the Products will be at the Client’s expense.
In the case of withdrawal, the Client may request an exchange (subject to availability) or a refund of the amount paid, excluding delivery costs. Refunds will be processed within 14 days of receipt of the returned Products. Refunds will be made using the same payment method used by the Client for the initial transaction unless expressly agreed otherwise.
The right of withdrawal does not apply to:
- Goods made to the Client’s specifications or clearly personalized
- Products which, by their nature, cannot be returned or are liable to deteriorate or expire quickly
ARTICLE 8 – Seller’s Liability – Warranties
The Products sold on the site www.lecomptoirdemalow.com benefit from the following legal warranties:
- Legal conformity guarantee (Defective, damaged, or non-conforming Products)
- Legal warranty against hidden defects (Material, design, or manufacturing defects)
To invoke these warranties, the Client must inform the Seller in writing of the non-conformity or hidden defect. The Seller will replace or repair the Products deemed non-conforming or defective as soon as possible. The Seller will refund the return shipping costs based on the cost charged, and the return costs will be refunded upon presentation of receipts.
The Seller’s liability will not be engaged in the following cases:
- Non-compliance with the legislation of the country where the Products are delivered
- Improper use, negligence, lack of maintenance, normal wear and tear, accident, or force majeure
- Photographs and graphics not contractually binding
The Seller’s warranty is limited to the replacement or refund of Products found to be non-compliant or affected by defects.
ARTICLE 9 – Personal Data
The Client is informed that the collection of their personal data is necessary for the sale of Products by the Seller and for their transmission to third parties for the purpose of delivering the Products. This personal data is collected solely for the execution of the sales contract.
9.1 Collection of Personal Data
The personal data collected on the site www.lecomptoirdemalow.com includes:
Product Order:
When ordering Products, the Client’s:
Name, surname, postal address, phone number, and email address.
Payment:
In the context of payment for Products offered on the site www.lecomptoirdemalow.com, financial data related to the Client’s bank account or credit card is recorded.
9.2 Recipients of Personal Data
Personal data is used by the Seller and their contractors for the execution of the contract and to ensure the effectiveness of the sale and delivery of Products.
The category of contractor(s) is (are):
Transport service providers.
9.3 Data Controller
The data controller is the Seller, as defined by the Data Protection Act and, as of May 25, 2018, by Regulation 2016/679 on the protection of personal data.
9.4 Limitation of Processing
Unless the Client provides express consent, their personal data will not be used for advertising or marketing purposes.
9.5 Data Retention Period
The Seller will retain the collected data for a period of 5 years, covering the duration of civil liability for contractual claims.
9.6 Security and Confidentiality
The Seller implements organizational, technical, software, and physical measures in terms of digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Seller cannot guarantee the security of information transmission or storage over the Internet.
9.7 Implementation of Clients’ and Users’ Rights
In accordance with the regulations applicable to personal data, Clients and users of the site www.lecomptoirdemalow.com have the following rights:
They can update or delete their personal data as follows:
Under the “Account Settings” tab.
They can delete their account by writing to the email address provided in Article 9.3 “Data Controller”.
- They can exercise their right of access to know the personal data concerning them by writing to the address provided in Article 9.3 “Data Controller”.
- If the personal data held by the Seller is inaccurate, they can request an update of the information by writing to the address provided in Article 9.3 “Data Controller”.
- They can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address provided in Article 9.3 “Data Controller”.
- They may also request the portability of the data held by the Seller to another provider.
- Finally, they may object to the processing of their data by the Seller.
These rights, as long as they do not conflict with the purpose of the processing, can be exercised by sending a request by mail or email to the Data Controller whose contact details are provided above.
The Data Controller must respond within a maximum of one month.
In case of refusal to grant the Client’s request, it must be justified.
The Client is informed that in case of refusal, they may file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seek judicial authority.
The Client may be invited to check a box indicating their acceptance to receive informational and promotional emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 – Intellectual Property
The content of the site www.lecomptoirdemalow.com is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.
ARTICLE 11 – Applicable Law – Language
These GTC and the transactions they cover are governed by and subject to French law.
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authoritative in case of dispute.
ARTICLE 12 – Disputes
For any claims, please contact customer service at the Seller’s postal or email address indicated in ARTICLE 1 of these GTC.
The Client is informed that they may, in any case, resort to conventional mediation, sectoral mediation bodies, or any alternative dispute resolution methods (e.g., conciliation) in the event of a dispute.
In this case, the designated mediator is Le Comptoir de Malow
25 route de l’étang www.lecomptoirdemalow.com
Email: lecomptoirdemalow@gmail.com.
The Client is also informed that they may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising from the purchase and sale operations conducted under these GTC, which have not been resolved amicably between the Seller and the Client or through mediation, will be submitted to the competent courts under common law conditions.
Completed on https://www.legalplace.fr
Date 01/01/2021
ANNEX I Withdrawal Form
This form must be completed and returned only if the Client wishes to withdraw from the order placed on www.lecomptoirdemalow.com unless exclusions or limitations to the exercise of the right of withdrawal apply according to the applicable General Terms and Conditions of Sale.
To the attention of Auto-entreprise, Le Comptoir de Malow
25 route de l’étang, 25 route de l’étang
I hereby notify the withdrawal from the contract concerning the following item: – Order of (indicate the date)
– Order number: …………………………………………………..
– Client’s Name: …………………………………………………………………
– Client’s Address: ……………………………………………………………..
Client’s Signature (only if this form is notified on paper)
