terms & conditions

 

The line of business of the company Juin73 is the on-line sale of knitted clothing and accessories. It markets the aforementioned goods via the Website www.capeetcrochet.fr

 

Application – Openness to objections: These general conditions of sale are forwarded with each request for an offer. Any order placed with our company shall entail the formal, full and unreserved adherence by the customer to these general conditions of sale, which shall take precedence over any other conditions of sale, even in the event of clauses to the contrary being included in the customer’s own general conditions, unless special conditions are agreed to by the seller.The fact that, at a given time, the company may not avail itself of any one of these general conditions of sale may not be interpreted as constituting a waiver of availing itself of any one of the aforementioned conditions at a later date.The photos of the goods on sale at the Website www.capeetcrochet.fr do not have any contractual value.

 

Definitions: For the purposes of the interpretation and execution of these presents, when the terms and expressions referred to hereinbelow feature an initial capital letter, they shall have the following meanings:

"Item": The Goods forming the subject of the Order;

"Goods": Any product proposed for sale on the Site;

"Order": A request for Goods or Services made by the Customer to the Seller;

"General Conditions of Sale": The general conditions of sale which form the subject of these presents and the purpose of which is to define the rights and obligations of the Parties under the framework of the On-Line Sale of the Goods and Services offered for sale by the Seller to the Customer;

"Delivery Period": The period between the Order Validation Date and the Date of Delivery of the Order to the Customer;

"Delivery Costs": The cost of the expenses incurred by the Seller for forwarding the Order to the Delivery Address indicated by the Customer;"Delivery": Sending of the Item to the Customer;

"Delivery Method": Refers to any standard or express delivery method available at the Site at the time the Order is placed;

"Price": The unit value of Goods or Services; this value is understood to include all taxes and excludes Delivery Costs;

"Total Price": The total amount of the cumulative Prices of Goods and Services that form the subject of the Order; this amount is understood to be inclusive of all taxes;

"All-Inclusive Price": The Total Price, to which the Delivery Costs are added; his amount is understood to be inclusive of all taxes;

"Service": any service offered for sale on the Site;

"Site": the On-Line Sale Site "www.capeetcrochet.fr" used by the Seller for marketing its Goods & Services;

"On-Line Sale": The marketing of Goods and Services by the Seller via the Site www.capeetcrochet.fr;

 

Scope: These General Conditions of Sale are restricted solely to consumers (as defined by the law and case law) who are acting on their own behalf. Pursuant to Articles L. 111-1 and L. 111-3 of the French Consumer Code, the key characteristics of the prices of the Goods and Services sold electronically are available on the Site. Moreover, the Customer receives the information set out in Articles L. 121-8 and L. 121-19 of the French Consumer Code, prior and subsequent to concluding the sale, and particularly by means of these General Conditions of Sale.These General Conditions of Sale are applicable to all sales of Goods and Services by the Seller that take place via the Site. The Customer declares that he or she read these General Conditions of Sale before Validation of the Order, as defined in Article 5. Validation of the Order therefore constitutes unrestricted and unreserved acceptance of these General Conditions of Sale.

 

Order of Goods and Services and stages involved in concluding the sale on-line: To place the Order, the Customer shall therefore carry out the following steps:

1. Type in the Site’s address;

2. Follow the Site’s instructions and, in particular, the instructions required for opening a customer account;

3. Fill in the order form. In the event of prolonged inactivity whilst connected, it is possible that the selection of Goods and Services chosen by the Customer prior to this inactivity may no longer be guaranteed. The Customer is then invited to resume his or her selection of Goods and Services from the start;

4. Check the details of the Order and, where applicable, identify and correct any mistakes;

5. Validate the Order, the Total Price, and the All-Inclusive Price (the "Validation of the Order");

6. Follow the on-line payment server’s instructions for paying the All-Inclusive Price.The Customer will then immediately receive electronic confirmation of acceptance of the payment for the Order.The Customer will also immediately receive an electronic acknowledgement of receipt constituting confirmation of the Order (the "Confirmation of the Order"). The Client shall receive electronic confirmation of sending of the Order.The delivery will be made at the delivery address indicated by the Customer when placing the Order.

When carrying out the aforementioned various stages of the Order, the Customer undertakes to comply with these contractual conditions pursuant to Article 1316-1 of the Civil Code.The Seller undertakes to honor the Order only within the limits of the possible execution of the Goods. Should the Goods be unavailable, the Seller undertakes to inform the Customer of this. However, in accordance with Article L. 122-1 of the French Consumer Code, the Seller reserves the right to refuse the Order should it be abnormal, placed in bad faith, or for any other legitimate reason, and particularly when there is a dispute with the Customer concerning payment for a previous order.

 

Price of the Goods and Services and conditions of validity: The Price of the Goods and Services sold on the Site is indicated respectively per item and reference, or per provision of service and reference.At the time of Validation of the Order, the price to be paid is understood to be the All-Inclusive Price.The telecommunication costs inherent in accessing the Site shall be borne exclusively by the Customer.The term of validity of the offers and Prices is determined by updating the Site.

 

Conditions of payment: The All-Inclusive Price paid by the Customer is done via one of the following methods of payment: credit card or PayPal.The transaction is immediately debited from the Customer’s credit card after checking his or her data, upon the debit authorization being received by the company that issued the credit card used by the Customer. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay granted via a payment card is irrevocable. By communicating information relating to his or her credit card, the Customer authorizes the Seller to debit an amount matching the All-Inclusive Price from his or her credit card.To this end, the Customer shall confirm that he or she is the holder of the credit card to be debited and that the name featured on the credit card is actually his or hers. The Customer provides the sixteen figures and the expiry date of his or her Visa card as well as (where applicable) the visual cryptogram numbers.Should it prove impossible to debit the All-Inclusive Price, the On-Line Sale will immediately be automatically terminated and the Order will be cancelled.The Seller shall take every measure at its disposal to ensure the confidentiality and security of the data transmitted to the Site www.capeetcrochet.fr.

 

Delivery of the Order:

 

Delivery Method: The Customer chooses one of the Delivery Methods offered at the Site when the Order is placed.

 

Delivery address: The Customer chooses a Delivery address that, of necessity, is located within the Territory, or the Order will be rejected. The Customer alone is responsible for a Delivery failure due to the lack of details being provided on the Order.

 

Delivery Costs amount: The Delivery Costs amount depends on the Order amount and the Delivery Method chosen by the Customer. In any case, the Delivery Costs amount is indicated to the Customer before Validation of the Order.

 

Delivery Times: The Delivery Times are available on the Site and can vary depending on the availability of the Goods and the provision of service that formed the subject of the Order. Delivery Times are understood to be in working days and relate to average times for executing, preparing and sending the Order. Delivery Times run counting from the Date of Confirmation of the order by the seller.

 

Late Delivery: In the event of Late Delivery, the Order is not cancelled.The seller informs the Customer via e-mail that the delivery will be late. The Customer may then decide to cancel the order and send notice of cancellation of the Order via e-mail or registered letter with acknowledgement of receipt to the Seller.Should the Order not have been made up and sent yet (with these conditions being cumulative), upon the Seller receiving the cancellation notice from the Customer, the Delivery will be blocked and the Customer will be reimbursed for any sums debited within a period of fifteen days counting from receipt of the cancellation notice.Should the Order already have been sent when the Seller receives the cancellation notice from the Customer, the Customer can still cancel the Order by refusing the parcel, except for in the case of personalized orders. The seller will then reimburse the sums debited (except for the return costs) disbursed by the Customer within a period of fifteen days of receiving the returned refused parcel, that must be complete and in its original state.

 

Delivery Tracking: The Customer may monitor the state of progress of the processing of the Order in a space set aside for that purpose on the Site.Checking the Order upon its arrivalThe Customer is obliged to check the condition of the packaging as well as of the Items upon Delivery.It is the Customer’s responsibility to state reservations and to make such claims as it deems necessary, or even to refuse the parcel, when the parcel is clearly damaged upon Delivery.The aforementioned reservations and claims must be sent to the carrier via registered letter with acknowledgement of receipt within three working days (not including public holidays) of the Delivery Date for the Goods.The Customer must moreover forward a copy of this letter to the Seller. Failure to make a claim within the aforementioned deadline shall result in any action against the carrier becoming null and void, in accordance with Article L. 133-3 of the French Code of Commerce.The Customer must make sure that the Goods he or she is delivered match the Order. In the event of non-compliance of the Goods in terms of their nature or quality with the specifications referred to in the Delivery Slip, the Customer must inform the Seller’s Customer Service via e-mail immediately and send the Goods back to the Seller’s head office.

 

Right of withdrawal: The Customer has a right of withdrawal which he or she may exercise within a period of fiveteen days of the date of expedition of the Order. Should this deadline elapse on a Saturday, a Sunday or on a holiday or a non-working day, it is extended up to the next first working day. A Customer wishing to exercise his or her right of withdrawal must return the items within the deadline referred to; they must be intact, and in their original packaging, along with the label, in addition to which they must be complete, unworn, not washed, and free of any sort of deterioration.It is specified that this right of withdrawal does not apply to personalized items specifically ordered by the Customer.

 

Complaints: The Customer must send any complaints to the Seller’s Customer Service either via post or electronically, stating the reference and the date of the Order.Only complaints relating to the On-Line Sale of Items will be taken into account.

 

Guarantee: These General Conditions of Sale come into force on the Order Validation Date. The Contract is concluded for the duration required for the supply of the Goods and Services, until the guarantees and obligations owed by the Seller are extinguished.The Seller is subject to the conditions of legal guarantees laid down in Articles L. 211-4, L. 211-5 and L. 211-12 of the French Consumer Code and Articles 1641 and 1648 du of the Civil Code.Article 211-4:The Seller is obliged to deliver Goods compliant with the contract and is liable for instances of non-compliance at the time of the delivery. It is also liable for instances of non-compliance resulting from the packaging, or the instructions regarding assembly or installation where this has been made its responsibility under the contract, or was carried out subject to its responsibility.Article 211-5:In order to comply with the contract, the Goods must:1. Be fit for the use normally expected for such goods and, where applicable:- Match the description provided by the Seller and have the qualities that it presented to the Purchaser in the form of a sample or model;- Display the qualities that a purchaser may legitimately expect in light of the public statements made by the Seller, the producer, or its representative, particularly in the advertising or labeling;2. Display the characteristics defined subject to joint agreement by the parties or be fit for any special use sought by the Purchaser, which the Seller was made aware of and which the latter agreed to.Article 211-12:The action resulting from an instance of non-compliance is subject to a limitation of two years counting from delivery of the Goods.The guarantee does not cover replacement of the Goods made necessary due to normal wear and tear. The guarantee is limited to the replacement with identical or equivalent items, of any Goods recognized as being faulty, and which were returned beforehand by the Customer, excluding all damages. The Seller’s guarantee cannot be taken up in the event of damage to the Goods due to fault or negligence in terms of maintenance, or failure to follow instructions.Unless otherwise stipulated, the duration of this guarantee is set uniformly at three months counting from delivery, subject to the proviso that the claims set out as part of the procedures hereinabove were made within the deadlines set.

 

Intellectual property rights: The Cape & Crochet brand, as well as all of the marks, whether or not they are figurative, and, more generally speaking, all the other trademarks, illustrations, images and logos featured on the Goods, their accessories and their packaging, whether or not they are registered, are and shall remain the exclusive property of the Seller.Any full or partial reproduction, modification or use of these trademarks, illustrations, images or logos for any reason whatsoever and on any support whatsoever, is strictly prohibited without the Seller’s express prior approval.The same shall apply for any combination or match-up with any other trademark, symbol, or Iogo and, more generally speaking, with any distinctive symbol intended to form a composite logo.The same shall apply for any copyright, design, or pattern which is the Seller’s property.

 

Confidentiality of the data: The information requested from the Customer is necessary for processing the Order.Assuming that the Customer consents to disclose individual data of a personal nature, he or she shall have individual rights of access, withdrawal and rectification of these data subject to the conditions laid down by Law No. 78-17 of January 6, 1978 relating to information technology, files and civil liberties. The Customer must send any written request to the following address: CAPE & CROCHET, 19 rue Juliette Adam, Brive-la-Gaillarde (Corrèze), France, or to the following e-mail address: contact@cape&crochet.fr.When his or her customer account is created on the Site, the Customer will have the option of choosing whether or not he or she wishes to receive offers from the Seller and its partners. 

 

Cookies: A cookie is a small text file placed on the user’s computer when he or she visits a Website. This file does not enable the user to be identified, but does record information relating to his or her Web browsing (pages looked up, the date and time when they were looked up, etc.). Browsing on the www.capeetcrochet.fr site makes it likely that cookies will be placed on the user’s computer. The data obtained are aimed at facilitating the user’s browsing during subsequent visits. They are also used to provide the user with access to the services requested. They are kept for a period of 15 minutes.To install or delete these cookies, the user must configure his or her browser as follows:Microsoft Internet Explorer: Tools => Internet Options => Click on Confidentiality => Select the desired levelGoogle Chrome: Parameters => Confidentiality => Click on Delete Browsing Data => Select the desired levelMozilla Firefox: Parameters => Click on Privacy => History => Select the desired levelSafari: Safari => Click on Preferences => Security => Select the desired levelForce majeure:The execution by the Seller of its obligations subject to the terms of the Order shall be suspended in the event of an act of God or force majeure that may disrupt or delay this execution.The Seller shall inform the Customer of the advent of such an act of God or force majeure within eight (8) days of the event occurring.Suspension of the execution of the Seller’s obligations shall continue for a period exceeding 30 days: the Customer has the option of terminating the Order in progress and the Seller shall then provide reimbursement for the Order subject to the conditions referred to hereinabove.

 

Nullity of a clause: Should any one of the provisions whatsoever in these General Conditions of Sale be annulled, this nullity would not lead to the nullity of the other provisions of the General Conditions of Sale, which would remain in force between the Parties.

 

Independence of the Parties: None of the parties may make a commitment in the name of and/or on behalf of the other Party. Moreover, each of the Parties alone shall remain responsible for its allegations, commitments, provisions of service, products and staff.

 

Non-waiver: The fact that the Seller may not avail itself of a commitment may not be interpreted for the future as constituting a waiver of the obligation in question. 

 

Notifications: All notifications that must be made under the framework of these General Conditions of Sale shall be considered to have been carried out if they are done via a registered letter with acknowledgement of receipt sent to the Seller’s following address: 19 rue Juliette Adam, Brive-la-Gaillarde (Corrèze), FRANCE, or contact@capeetcrochet.fr.

 

Applicable law: This Contract shall be governed by French law.

 

Assignment of jurisdiction: Any dispute resulting from the formation, interpretation or execution of this Contract shall fall under the exclusive jurisdiction of the courts of instance located in Brive-la-Gaillarde (Corrèze), notwithstanding the existence of more than one defendant or the introduction of third parties.




Made in France Knitting
Acide Design