GENERAL TERMS OF SALE AND USE
Our general conditions of sale have been drawn up from a free, open-source model that can be downloaded from the site donneespersonnelles.fr
On the one hand, the Company EIRL CAMBIFOLIA María ROMA MATEO, registered in the Trade and Companies Register of Tarascon under the number SIRET 897.913.901.00012, represented by Mrs. María ROMA MATEO, as manager, duly authorized for the purposes hereof , hereinafter the “Seller”. The company can be reached by email by clicking on the contact form accessible via the contact page of the site. On the other hand, the natural or legal person purchasing the company’s products or services, hereinafter, “the Buyer”, or “the Customer”. Between the two parts the following has been exposed and agreed:
The Seller provides decoration products and services for consumers, marketed through its website (https://www.cambifolia.com). The list and description of the goods and services offered by the Company can be consulted on the aforementioned site.
ARTICLE 1: OBJECT AND GENERAL PROVISIONS
These General Conditions of Sale determine the rights and obligations of the parties within the framework of the online sale of Products offered by the Seller.
These General Conditions of Sale (GCS) apply to all sales of Products, made through the Company’s website, which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these conditions at any time by publishing a new version on its website. The GCS then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) for the order. These GCS can be viewed on the Company’s website at the following address: www.cambifolia.com. The Company also ensures that their acceptance is clear and unreserved by setting up a check and a validation box for click. The Customer declares to have read all of these General Conditions of Sale, and, where applicable, the Special Conditions of Sale related to a product or a service, and to accept them without restriction or reservation. The Customer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs. The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committed. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
ARTICLE 2 : PRICE
The prices of the products sold through the website are indicated in Euros all taxes included (VAT + any other taxes) on the product description pages and the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and / or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to obtain information on these aspects from the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunication costs necessary to access the Company’s website are the responsibility of the Customer. If applicable, also the delivery costs.
ARTICLE 3: CONCLUSION OF THE ONLINE CONTRACT
The Customer will have to follow a series of steps specific to each Product offered by the Seller to be able to place his order. However, the steps described below are systematic: ➢ Information on the essential characteristics of the Product; ➢ Choice of the Product, if applicable also its options ➢ Indication of the essential data of the Customer (identification, address…); ➢ Acceptance of these General Conditions of Sale. ➢ Verification of the elements of the order and, if necessary, correction of errors. ➢ Follow-up of instructions for payment, and payment of products. ➢ Product delivery. The Customer will then receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these general conditions of sale. For the products delivered, this delivery will be made to the address indicated by the Customer. For the purposes of successful completion of the order, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide his true identification elements. 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 4: PRODUCTS AND SERVICES
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company’s website. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honor the Customer’s order within the limit of stocks of available Products only. Otherwise, the Seller informs the Customer. This contractual information is presented in detail and in French, in English or in Spanish depending on the case. In accordance with French law, they are the subject of a summary and confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the Product offer as well as their prices is specified on the Company’s website, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless there are special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the communicated email address). In accordance with the legal provisions regarding compliance and hidden defects, the Seller reimburses or exchanges defective products or products that do not correspond to the order. The refund can be requested by email at firstname.lastname@example.org and will be made upon receipt of the returned product in its original packaging.
ARTICLE 5: OWNERSHIP RETENTION CLAUSE
The products remain the property of the Company until full payment of the price.
ARTICLE 6: DELIVERY TERMS
The products are delivered to the delivery address that was indicated when ordering and the term indicated. This time does not take into account the order preparation time. In the event of late shipment or late delivery, the Customer has the option of terminating the contract under the terms and conditions defined in Article L 138-2 of the French Consumer Code. The Seller then reimburses the product and the “outbound” costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides the Customer with an order tracking number. The Seller recalls that when the Customer takes 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 about the product delivered.
ARTICLE 7: AVAILABILITY AND PRESENTATION
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. If an item is unavailable for a period exceeding 7 working days, you will be immediately notified of the foreseeable delivery times and the order for this item may be canceled on request. The Customer may then request a credit for the amount of the item or its refund.
ARTICLE 8: PAYMENT
Payment is due immediately upon ordering, including for pre-ordered products. The Customer can pay by credit card or PayPal. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider and no banking data is stored on the www.cambifolia.com site. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing his banking 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 card to be debited and that he is legally entitled to use it. In the event of an error, or in the event that it is impossible to debit the card, the Sale is automatically terminated and the order canceled.
ARTICLE 9: WITHDRAWAL PERIOD
In accordance with article L. 121-20 of the Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception of , where applicable, return costs ”. “The period mentioned in the previous paragraph runs from receipt for the goods or from the acceptance of the offer for the provision of services”. The right of withdrawal can be exercised by contacting the Company as follows: contact us by email at email@example.com. We inform Customers that in accordance with Article L. 121-20-2 of the Consumer Code, this right of withdrawal cannot be exercised for all personalized orders. If the right of withdrawal is exercised within the aforementioned period, only the price of the product (s) purchased and the shipping costs will be reimbursed, the return costs remain the responsibility of the Customer. Product returns are to be made in tracked parcel in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be re-marketed in new condition; if possible, they should be accompanied by a copy of the proof of purchase.
ARTICLE 10: GUARANTEES
In accordance with French law, the Seller assumes two guarantees: of conformity and relating to hidden defects of the products. The Seller reimburses the buyer or exchanges products that are apparently defective or do not correspond to the order made. The refund request must be made as follows: by contacting us by email at firstname.lastname@example.org.
ARTICLE 11: CLAIMS
If necessary, the Buyer can submit any complaint by contacting the company using the following contact details: email@example.com
ARTICLE 12: INTELLECTUAL PROPERTY RIGHTS
Trademarks, domain names, products, designs, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is made through these GCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
ARTICLE 13 : FORCE MAJEURE
The performance of the seller’s obligations under these terms is suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
ARTICLE 14: NULLITY AND MODIFICATION OF THE CONTRACT
If one of the stipulations of this contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
ARTICLE 15 : PERSONAL DATA MANAGEMENT
In France, personal data is protected in particular by law n ° 78-87 of January 6, 1978, law n ° 2004-801 of August 6, 2004, article L. 226-13 of the Penal Code and the European Directive of 24 October 1995.
By using the www.cambifolia.com, site, the following may be collected: the URL of the links through which the user accessed the www.cambifolia.com site, the access provider of the user, the user’s Internet Protocol (IP) address.
In any case, EIRL CAMBIFOLIA María ROMA MATEO only collects personal information about the user for the need of certain services offered by the site www.cambifolia.com. The user provides this information with full knowledge of the facts, in particular when he enters it himself. It is then specified to the user of the site www.cambifolia.com the obligation or not to provide this information.
In accordance with the provisions of articles 38 and following of the French law 78-17 of January 6, 1978 relating to data processing, files and freedoms, any user has a right of access, rectification and opposition to personal data. concerning him, by making his written and signed request, accompanied by a copy of the identity document with signature of the document holder, specifying the address to which the reply must be sent.
No personal information of the user of the site www.cambifolia.com is published without the knowledge of the user, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the assumption of the redemption of EIRL CAMBIFOLIA María ROMA MATEO and its rights would allow the transmission of said information to the prospective purchaser who would in turn be bound by the same obligation to store and modify data with respect to the user of the site www.cambifolia.com.
The databases are protected by the provisions of the law of July 1, 1998 transposing Directive 96/9 of March 11, 1996 on the legal protection of databases.
ARTICLE 16 : HYPERTEXT LINKS AND COOKIES
The site www.cambifolia.com contains a number of hypertext links to other sites, set up with the permission of EIRL CAMBIFOLIA María ROMA MATEO. However, EIRL CAMBIFOLIA María ROMA MATEO does not have the possibility to verify the content of the sites thus visited, and will therefore not assume any responsibility for this fact.
Browsing the www.cambifolia.com site may cause the installation of cookie (s) on the user’s computer. A cookie is a small file, which does not allow the user to be identified, but which records information relating to the navigation of a computer on a site. The data thus obtained are intended to facilitate subsequent navigation on the site, and are also intended to allow various measures of attendance.
Refusing to install a cookie may make it impossible to access certain services. The user can, however, configure his computer as follows, to refuse the installation of cookies:
Internet Explorer: tool tab (cog pictogram at the top right) / internet options. Click on Privacy and choose Block all cookies. Validate on Ok.
Firefox : at the top of the browser window, click on the Firefox button, then go to the Options tab. Click on the Privacy tab.
Configure the Conservation rules on: use personalized parameters for history. Finally, uncheck it to disable cookies.
Safari : Click at the top right of the browser on the menu pictogram (symbolized by a cog). Select Settings. Click Show advanced settings. In the “Confidentiality” section, click on Content settings. In the “Cookies” section, you can block cookies.
Chrome : Click at the top right of the browser on the menu pictogram (symbolized by three horizontal lines). Select Settings. Click Show advanced settings. In the “Confidentiality” section, click on preferences. In the “Confidentiality” tab, you can block cookies.
ARTICLE 17 : APPLICABLE LAW AND JURISDICTION ATTRIBUTION
ARTICLE 18 : MAIN LAWS CONCERNED
French Law n ° 78-17 of January 6, 1978, notably modified by law n ° 2004-801 of August 6, 2004 relating to data processing, files and freedoms.
French Law n ° 2004-575 of June 21, 2004 for confidence in the digital economy.
ARTICLE 19 : LexiCON
User: Internet user connecting, using the aforementioned site.
Personal information: “information which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (article 4 of law n ° 78-17 of January 6, 1978).