General conditions of sale
Article 1: Purpose
The M COMME WEDDING site publishes wedding invitations and other personalized products. The products, listed and described, offered to consumers can be found on the website https://www.mcommewedding.com.
These General Conditions of Sale and Delivery determine the rights and obligations of the parties in connection with the online sale of products offered by the M COMME WEDDING site.
Article 2: General provisions
These General Conditions of Sale and Delivery govern the sales of products made on the M COMME WEDDING site, and are an integral part of the Contract between the buyer and the seller. They are fully enforceable against the buyer who accepted them before placing an order.
The seller of the M COMME WEDDING site reserves the right to modify these conditions at any time by the publication of a new version on the site. The General Conditions of Sale and Delivery then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These Conditions are at the following address: Villa Clara, 92 Avenue du Domaine du Piol, 06000 Nice, France.
The seller also ensures that the acceptance of the Conditions is clear and without reservation by setting up a check box and a validation click. The customer declares to have read all of these Conditions, and if applicable the Special Conditions of Sale related to a product or service, and to accept them without restriction or reservation.
The customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. He declares to be able to contract legally under French law or to validly represent the natural or legal person for whom he agrees.
Unless proven otherwise, the information recorded by the seller of the M COMME WEDDING site constitutes proof of all transactions.
Article 3: Products
The essential characteristics of the goods, including their respective prices, are made available to the buyer on the M COMME WEDDING site, as well as, if applicable, the method of using the product.
In accordance with article L112-1 of the Consumer Code, the consumer is explicitly informed, by marking, labeling, display or by any other appropriate process, of the prices (in particular the costs of delivery) and specific conditions of sale and performance of services before any conclusion of the sales contract.
In all cases, the total amount due by the buyer is indicated on the order confirmation page. The selling price of the product is that in force indicated on the day of the order, it does not include the shipping costs invoiced in addition. These possible costs are indicated to the buyer in any event at the time of confirmation of the order.
When the products are not executed immediately, clear information is given on the product presentation page as to the delivery dates of the products. The customer certifies having received a detail of the delivery costs as well as the methods of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic contact details, and to its activities in the context of this sale.
The seller agrees to fulfill the customer's order within the limits of available product stocks only. Otherwise, the seller informs the customer; if the order has been placed, and failing agreement with the customer on a new delivery date, the seller reimburses the customer.
The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The duration of the offer of the Products and their prices is specified on the Company's websites, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address provided).
Article 4: Price
The prices of the products are indicated in Euros excluding taxes and precisely determined on the product description pages.
They are also indicated in euros all taxes included (VAT and other taxes, if any) on the product order page, and excluding specific shipping costs.
For all products shipped outside the European Union and / or French overseas departments and territories, the price is calculated net of tax automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be due in certain cases. These rights and sums are not the responsibility of the seller. They will be charged to the buyer and are their responsibility (declarations, payment to the competent authorities, etc.). The seller therefore invites the buyer to find out about these aspects from the relevant local authorities.
The seller of the M COMME WEDDING site reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.
The telecommunication costs necessary to access the site are borne by the customer.
Article 5: Delivery
The delivery costs are borne by the customer.
The delivery costs include the preparation and packaging costs as well as the shipping costs which vary according to the total weight of the package.
The products are delivered to the delivery address which was indicated when ordering and within the time limits indicated. These times do not take into account the time of preparation and packaging of the order.
We cannot combine two orders placed separately. Delivery charges apply to each of your orders. This is why it is recommended to group all of your items in one order.
When the customer hangs physical possession of the products, the risk of loss or damage to the products is transferred to him. It is the customer's responsibility to notify the carrier of any reservations regarding the product delivered. Your package is shipped at your own risk, but the products shipped are properly protected and special attention is paid to fragile items.
Packages are generally dispatched the day after receipt of payment. They are sent via the postal services with a tracking number and delivered without signature.
In the event of late delivery, the customer has the possibility of terminating the contract under the terms and conditions defined in Article L 216-2 of the Consumer Code. The seller then reimburses the product and the “outward” costs under the conditions of the provisions of articles L216-3 and L241-4 of the Consumer Code.
Article 6: Payment
Payment is due immediately upon order, including for pre-order products.
The customer can make the payment by credit card and Paypal. All types of bank cards are accepted.
Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa).
Secure online payment by credit card is carried out by our payment provider. The information transmitted is encrypted.
Once the payment has been initiated by the customer, the transaction is immediately debited after verifying the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his bank information during the sale, the customer authorizes the seller to debit his card for the amount relating to the price indicated. The customer confirms that he is the legal holder of the debit card and that he is legally entitled to use it.
In the event of an error, or if it is impossible to debit the card, the sale is immediately automatically resolved and the order canceled.
Article 7: Conclusion of the online contract
The language proposed for the conclusion of the contract is French.
The customer must follow a series of steps to be able to place their order.
In accordance with article 1127-1 of the Civil Code, here are explained step by step the process of electronic purchase to conclude the contract:
• the customer inquires about the essential characteristics of the product;
• the customer chooses to put the product in his shopping basket;
• in his basket, the customer clicks on "Order";
• as a guest, the customer indicates his essential contact details (his first and last name, his email address, etc.);
• if the client has an account, he can log in;
• the customer accepts these General Conditions of Sale and Delivery by checking the corresponding box;
• the customer informs and confirms his delivery address, the delivery method and the payment. He can correct any errors or choose to cancel his order;
• the customer confirms his order, which leads to the formation of this contract.
The customer receives confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it. The terms of the offer and the general conditions of sale are sent by email to the buyer when ordering.
The archiving of communications, of the order, of the details of the order, as well as of the invoices is carried out on a reliable and durable support so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code . This information can be produced as proof of the contract.
For the products delivered, delivery will be made to the address indicated by the customer. For the purpose of order fulfillment, the customer undertakes to provide truthful identification information. The seller reserves the right to refuse the order, for example for any abnormal request made in bad faith or for any legitimate reason.
Article 8: Availability of products
If an item is unavailable for a period of more than eight (8) working days, the customer is immediately notified of the expected delivery times and the order for this item may be canceled on request.
As a customer, you can request a credit for the amount of the unavailable item or its full refund and the cancellation of the order.
Article 9: Withdrawal period
In accordance with the provisions of article L 221-5 of the Consumer Code, the customer has the right of withdrawal, without giving any reason, within fourteen (14) days from the date of receipt of the order .
The right of withdrawal can be exercised by contacting the company in the following manner:
• by email to Villa Clara, 92 Avenue du Domaine du Piol, 06000 Nice, France
• by phone at firstname.lastname@example.org
If the right of withdrawal is exercised within the above-mentioned period, the price of the product (s) purchased and the shipping costs will be reimbursed.
Return costs remain the responsibility of the customer. Indeed, M COMME WEDDING cannot offer shipments and returns. However, the customer can reuse the product packaging to minimize costs. M COMME WEDDING recommends sending the returns in tracking package, because in case of loss or other, it will be possible to trace the route and a procedure may be initiated with the postal services.
Product returns must be made in their original condition and complete (packaging, accessories, instructions); if possible, they must be accompanied by a copy of the proof of purchase.
The refund procedure must be carried out as follows: return of the order with the return slip within 14 days of receipt of the order.
Article 10: Guarantees
In accordance with the law, the seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. It is the seller's responsibility to assume the guarantees of conformity and relating to hidden defects in the products.
The seller reimburses the customer or exchanges products which are apparently defective or do not correspond to the order placed.
The refund request must be made as follows: return the order with the return slip within 14 days of receiving the order.
Regarding the client:
• he has 14 days from the delivery of the goods to act with the seller;
• he can choose between replacing and repairing the goods subject to the conditions laid down in the aforementioned provisions;
• it is exempt from proving the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods;
• he can also assert the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose between the resolution of the sale or a reduction in the price of sale (provisions of articles 1644 of the Civil Code).
Article 11: Complaints and mediation
If necessary, the customer can present any complaint by contacting the company using the following contact details:
• by email to Villa Clara, 92 Avenue du Domaine du Piol, 06000 Nice, France
• by phone at email@example.com
In accordance with the provisions of articles L. 611-1 to L. 616-3 of the Consumer Code, the customer is informed that he can have recourse to a consumer mediator under the conditions provided for in Title I of the book VI of the consumer code.
If the claim request to the seller's customer service fails, or if there is no response within two months, the client can submit the dispute to a mediator who will independently try to reconcile the parties with a view to reaching an amicable solution.
Article 12: Termination of the contract
The order can be resolved by the customer by registered letter with request for acknowledgment of receipt in the following cases:
• in the event of delivery of a product that does not comply with the characteristics of the order;
• in the event of delivery exceeding the deadline fixed at the time of the order or, failing that, within thirty days of payment;
• in the event of an unjustified price increase or modification of the product.
In these cases, the customer can demand the refund of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
Article 13: Intellectual property rights
The sale does not entail any transfer of intellectual property. The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these General Terms and Conditions. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 14: Force majeure
The execution of the seller's obligations hereunder is suspended in the event of a fortuitous event or force majeure which would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 15: Nullity and modification of the contract
If one of the stipulations of this contract is canceled, this nullity would not result in the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written agreement signed by the parties.
Article 16: Applicable law and clauses
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations which are referred to therein, will be subject to French law.
The nullity of a contractual clause does not lead to the nullity of these general conditions of sale.
Article 17: Consumer information
For consumer information, the provisions of the civil code and the consumer code are reproduced below:
Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which so diminishes this use that the buyer does not '' would not have acquired, or would have given a lesser price, if he had known them.
Article 1648 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, in the year following the date on which the seller can be relieved of apparent defects or lack of conformity.
Article L. 217-4 of the Consumer Code: The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L. 217-5 of the Consumer Code: The product conforms to the contract: 1 ° If it is suitable for the use usually expected of a similar product and, if applicable:
- if it corresponds to the description given by the seller and has the qualities which the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.
Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code: When the buyer requests from the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the warranty, any downtime of at least seven days is added to the duration of the warranty that remained to run. This period runs from the request for intervention of the buyer or the provision for repair of the good in question, if this provision is after the request for intervention.