GENERAL TERMS AND CONDITIONS OF SALE

ARTICLE 1 – Scope

These General Terms and Conditions of Sale (“GTC”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (“the Customer” or “Customers”) wishing to purchase the products offered for sale (“the Products”) by the Seller on the website www.lecomptoirdemalow.com.

The main characteristics of the Products, in particular their specifications, illustrations and indications of dimensions or capacity, are presented on the website [www.lecomptoirdemalow.com](http://www.lecomptoirdemalow.com), which the Customer must read before placing an order.

The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are valid within the limits of available stock as specified when the order is placed.

These GTC are accessible at any time on the website [www.lecomptoirdemalow.com](http://www.lecomptoirdemalow.com) and prevail over any other document.
The Customer declares having read these GTC and accepted them by ticking the box provided for this purpose before implementing the online ordering procedure on the website [www.lecomptoirdemalow.com](http://www.lecomptoirdemalow.com).

Unless proven otherwise, the data recorded in the Seller’s computer system constitute proof of all transactions concluded with the Customer.

The Seller’s contact details are as follows:
Le Comptoir de Malow, Sole proprietorship
Share capital of €10,000
Registered with the Limoges Trade and Companies Register, number 794 321 208 00025 25 route de l’étang, 25 route de l’étang

Email: [lecomptoirdemalow@gmail.com](mailto:lecomptoirdemalow@gmail.com)
Telephone: 0683581951

The Products presented on the website [www.lecomptoirdemalow.com](http://www.lecomptoirdemalow.com) are offered for sale worldwide.

If an order is placed to a country other than mainland France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and overseas departments/territories, the price will automatically be calculated exclusive of tax on the invoice.

Customs duties or other local taxes, import duties, or state taxes may be payable. They shall be borne by and are the sole responsibility of the Customer.

ARTICLE 2 – Prices

The Products are supplied at the current prices shown on the website www.lecomptoirdemalow.com when the order is recorded by the Seller.
Prices are expressed in Euros, excluding and including VAT.
The prices take into account any discounts granted by the Seller on the website www.lecomptoirdemalow.com.

These prices are firm and non-revisable during their period of validity; however, the Seller reserves the right, outside the period of validity, to modify prices at any time.

Prices do not include processing, shipping, transport and delivery costs, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order.
The amount requested from the Customer corresponds to the total purchase amount, including these costs.

An invoice is issued by the Seller and given to the Customer upon delivery of the ordered Products.

Some orders may be subject to a prior quotation. Quotations issued by the Seller are valid for 1 year from their date of issue.

ARTICLE 3 – Orders

It is the Customer’s responsibility to select on the website www.lecomptoirdemalow.com the Products they wish to order, according to the following process:
The Customer selects a product and adds it to the cart.
The product may be removed or modified before completing the order and accepting these General Terms and Conditions of Sale.

The Customer then enters delivery details.
After validating the information and payment, the order will be considered final.
The Customer receives the order within 3 weeks of purchase.
The Customer may contact the creator before the order to personalize the chosen product precisely.

Product offers are valid as long as they are visible on the site and subject to available stock.
The sale will be considered valid only after full payment of the price. It is the Customer’s responsibility to verify the accuracy of the order and to immediately report any error.

Any order placed on the website [www.lecomptoirdemalow.com](http://www.lecomptoirdemalow.com) constitutes a distance contract between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to payment of a prior order.

The Customer may track the progress of the order on the site.

Any cancellation of the order by the Customer after acceptance by the Seller will only be possible within 2 days at most after acceptance of the order by the Seller and provided delivery has not yet taken place (without prejudice to the provisions relating to the application or non-application of the statutory right of withdrawal).

ARTICLE 4 – Payment terms

The price is paid via secure payment, according to the following methods:

• payment by bank card
• or payment by bank transfer to the Seller’s bank account (details
  are provided to the Customer when placing the order)
  The price is payable in full by the Customer on the day the order is placed.
  Payment data are exchanged in encrypted mode via the protocol defined by the approved payment service provider handling the banking transactions carried out on the website www.lecomptoirdemalow.com.
  Payments made by the Customer will be considered final only after actual collection by the Seller of the sums due.
  The Seller is not obliged to deliver the Products ordered by the Customer if the Customer does not pay the price in full under the conditions indicated above.

ARTICLE 5 – Delivery

Products ordered by the Customer will be delivered in mainland France or in the following areas:
Europe – United Kingdom – United States.
Deliveries take place within a maximum of 3 weeks if personalization is requested, on average 10 days, to the address indicated by the Customer when ordering on the site.
Delivery consists of the transfer to the Customer of the physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in a single shipment.

The Seller undertakes to use best efforts to deliver the Products ordered by the Customer within the time limits specified above.

If the Products ordered have not been delivered within 5 days after the indicative delivery date, for any reason other than force majeure or the Customer’s fault, the sale may be cancelled at the Customer’s written request under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be refunded no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.

Deliveries are carried out by an independent carrier, to the address indicated by the Customer when ordering and which the carrier can easily access.
When the Customer arranges their own carrier, delivery is deemed to have been made upon handover of the Products by the Seller to the carrier, who accepts them without reservation. The Customer acknowledges that it is the carrier’s responsibility to deliver and has no recourse against the Seller in case of failure to deliver the transported goods.

In the event of a specific request from the Customer concerning the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to specific additional invoicing, based on a prior quotation accepted in writing by the Customer.
The Customer must check the condition of the delivered products. The Customer has a maximum period of 14 days from delivery to submit claims by email and phone, accompanied by all supporting documents (photos in particular). After this period and if these formalities are not complied with, the Products will be deemed compliant and free of any apparent defect, and no claim can be validly accepted by the Seller.

The Seller will refund or replace as soon as possible and at its own expense any Products delivered with duly proven lack of conformity or apparent or hidden defects by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those set out in these GTC.

The transfer of risk of loss and damage relating thereto will occur only when the Customer physically takes possession of the Products. The Products therefore travel at the Seller’s risk, except when the Customer has chosen the carrier. In that case, the risk transfers upon handover of the goods to the carrier.

ARTICLE 6 – Transfer of ownership

Transfer of ownership of the Products from the Seller to the Customer will only occur after full payment of the price by the latter, regardless of the delivery date of said Products.

ARTICLE 7 – Right of withdrawal

Pursuant to Article L221-18 of the French Consumer Code:
For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.
The right of withdrawal may be exercised online using the withdrawal form attached and also available on the site, or by any unambiguous statement expressing the will to withdraw, in particular by post sent to the Seller at the postal or email address indicated in ARTICLE 1 of the GTC.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be remarketed as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products will not be accepted.
Return costs are borne by the Customer.
Exchange (subject to availability) or refund will be made within 14 days from receipt by the Seller of the Products returned by the Customer under the conditions provided in this article.
Personalized orders cannot be exchanged, returned or refunded.

ARTICLE 8 – Seller’s liability – Warranties

Products supplied by the Seller benefit from:

• the legal warranty of conformity, for defective, damaged or spoiled Products or Products
  not corresponding to the order,
• the legal warranty against hidden defects resulting from a defect in material, design
  or manufacture affecting the delivered products and making them unfit for use,
  Provisions relating to legal warranties
  Article L217-4 of the Consumer Code
  “The seller shall deliver goods that conform to the contract and shall be liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made its responsibility by the contract or was carried out under its responsibility.”
  Article L217-5 of the Consumer Code
  “The goods conform to the contract:
  1° If they are fit for the purpose usually expected of similar goods and, where applicable:
  – if they correspond to the description given by the seller and possess the qualities which the seller has presented to the buyer in the form of a sample or model;
  – if they present the qualities that a buyer may legitimately expect having regard to the public statements made by the seller, by the producer or by their representative, particularly in advertising or labelling;
  2° Or if they present the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, made known to the seller and accepted by the seller.”
  Article L217-12 of the Consumer Code

“Actions resulting from a lack of conformity are time-barred two years after delivery of the goods.”
Article 1641 of the Civil Code.
“The seller is bound by the warranty for hidden defects in the item sold which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would only have paid a lesser price for it, had they known.”

Article 1648 paragraph 1 of the Civil Code
“An action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.”
Article L217-16 of the Consumer Code.
“When the buyer asks the seller, during the course of the commercial warranty granted 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 shall be added to the remaining duration of the warranty. This period runs from the buyer’s request for intervention or from the provision of the item for repair, if this provision is later than the request.”
To assert their rights, the Customer must inform the Seller in writing (email or letter) of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.
The Seller will refund, replace or repair Products or parts under warranty that are deemed non-compliant or defective.
Shipping costs will be refunded on the basis of the invoiced rate, and return costs will be refunded upon presentation of receipts.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 5 days following the Seller’s acknowledgment of the lack of conformity or hidden defect. This refund may be made by bank transfer or cheque.
The Seller’s liability cannot be engaged in the following cases:

• non-compliance with the legislation of the country where the products are delivered, which it is the Customer’s responsibility to verify,
• in case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.
• The photographs and graphics presented on the site are not contractual and shall not engage the Seller’s liability.
  The Seller’s warranty is, in any case, limited to replacement or refund of Products that are non-compliant or affected by a defect.

ARTICLE 9 – Personal data

The Customer is informed that the collection of personal data is necessary for the sale of the Products by the Seller and for their transmission to third parties for the purpose of delivering the Products. Such personal data are collected solely for performance of the sales contract.

9.1 Collection of personal data

The personal data collected on the website www.lecomptoirdemalow.com are as follows:

Ordering Products:

When ordering Products by the Customer:
First and last names, postal address, phone number and email address.

Payment

As part of the payment for the Products offered on the website [www.lecomptoirdemalow.com](http://www.lecomptoirdemalow.com), the site records financial data relating to the Customer’s/ user’s bank account or credit card.

9.2 Recipients of personal data

Personal data are used by the Seller and its contractors for performance of the contract and to ensure the efficiency of the sale and delivery of the Products.
The category(ies) of contractor(s) is/are:

Transport service providers

9.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act and, from May 25, 2018, Regulation (EU) 2016/679 on the protection of personal data.

9.4 Limitation of processing

Unless the Customer gives express consent, their personal data are not used for advertising or marketing purposes.

9.5 Data retention period

The Seller will retain the data thus collected for a period of 5 years, covering the applicable limitation period for contractual civil liability.

9.6 Security and confidentiality

The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, the Internet is not a completely secure environment, and the Seller cannot guarantee the security of information transmission or storage on the Internet.

9.7 Exercise of Customers’ and users’ rights

In accordance with the regulations applicable to personal data, Customers and users of the website www.lecomptoirdemalow.com have the following rights:

They can update or delete their data as follows:

In the Account settings tab.
They may delete their account by writing to the email address indicated in Article 9.3 “

Data controller”

• They may exercise their right of access to know the personal data concerning them by writing to the address indicated in Article 9.3 “Data controller”
• If the personal data held by the Seller are inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 “Data controller”
• They may request deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 “Data controller”
• They may also request 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, insofar as they do not conflict with the purpose of the processing, may be exercised by sending a request by mail or email to the Data Controller at the above contact details.
  The data controller must respond within a maximum period of one month.
  In case of refusal to grant the Customer’s request, the decision must be justified.
  The Customer is informed that, in case of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or apply to a judicial authority.
  The Customer may be invited to tick a box indicating their acceptance to receive informational and advertising emails from the Seller. The Customer will always have the possibility to withdraw 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 website www.lecomptoirdemalow.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.

ARTICLE 11 – Governing law – Language

These GTC and the transactions arising therefrom are governed by and subject to French law.
These GTC are drawn up in French. If they are translated into one or more foreign languages, only the French text shall be authoritative in the event of a dispute.

ARTICLE 12 – Disputes

For any complaint, please contact customer service at the Seller’s postal or email address indicated in ARTICLE 1 of these GTC.
The Customer is informed that they may, in any event, resort to conventional mediation with existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) 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](http://www.lecomptoirdemalow.com)

Email: [lecomptoirdemalow@gmail.com](mailto:lecomptoirdemalow@gmail.com).
The Customer is also informed that they may use the Online Dispute Resolution (ODR) platform: [https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show](https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show)
All disputes arising from purchase and sale transactions concluded under these GTC that are not amicably resolved between the seller or through mediation will be submitted to the competent courts under common law conditions.

Prepared on [https://www.legalplace.fr](https://www.legalplace.fr)

Date 01/01/2021

ANNEX I – Withdrawal form

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.lecomptoirdemalow.com, except for exclusions or limits to the right of withdrawal as per the applicable General Terms and Conditions of Sale.
To the attention of Sole proprietorship, Le Comptoir de Malow

25 route de l’étang, 25 route de l’étang
I hereby notify the withdrawal from the contract for the goods described below: – Order of (insert date)
– Order number: …………………………………………………..
– Customer’s name: …………………………………………………………………
– Customer’s address: ……………………………………………………………..

Customer’s signature (only if this form is notified on paper)