GENERAL TERMS AND CONDITIONS OF SALE
SCOPE OF APPLICATION
These general terms and conditions of sale define the rights and obligations of the parties in connection with the sale by Marketing Creation (hereinafter referred to as "the Seller") to any natural person having the necessary legal capacity or to any duly represented legal person (hereinafter referred to as "the Customer") of the products mentioned in the article below entitled "the Products" (hereinafter referred to as "the Products") and presented on the website accessible at the address www.welcomefamily.fr (hereinafter referred to as "the Site").
By checking the box reserved for this purpose at the time of validation of his order on the site, the Customer acknowledges having read these general conditions of sale and declares to accept them without reservation.
The Seller reserves the right to modify these general terms and conditions of sale at any time and without notice.
The Products comply with current French legislation and standards applicable in France and within the European Union.
The Products are presented on the Site using a "technical sheet" indicating their essential characteristics and one or more photographs. This information is that provided to the Seller by its suppliers.
The Seller undertakes to do its best to ensure that the photographic representation of the Products on the Site is as accurate as possible. It is nevertheless possible that, despite the Seller's best efforts, the Customer's perception of one (or more) Product (s) may not fully correspond. In this case, the difference in perception between the photographs presented on the Site and the Products received by the Customer can in no way engage the responsibility of the Seller.
The Seller is entitled at any time to update the Products or remove them from sale.
All Products are considered available at the time of ordering. Nevertheless, as stock variations may be significant in a short period of time, the Customer systematically receives confirmation, by e-mail and as soon as possible, of the availability of the Products ordered.
Nevertheless, in the event of unavailability while the Customer's account has been debited, the Seller shall, at the Customer's option, either exchange with a Product of equivalent quality and/or price, within the limits of available stocks, or refund, at the latest within 30 days of payment, the sums it has paid for the order of the Product concerned.
The prices indicated are expressed in euros including VAT, to which are added the delivery costs.
It is recommended that the Customer place his order directly on the Site. However, he can also order directly by e-mail or by telephone on 04 42 50 50 17 10 (cost of a call not surcharged in metropolitan France).
On the Site, the Customer must follow an automatic registration process in several steps and provide the mandatory information necessary to process his order. The same information must be provided for the same purposes for any order by e-mail or telephone.
Using the "Identify yourself" tab or directly at the time of the order, the Customer must either enter his identifier and password if the online registration has already been done during a previous order, or register online for a first order by mentioning all the mandatory information requested for this purpose.
Selection of Products
The Customer must select the Product(s) he intends to order by choosing a quantity and a color and clicking on the "Add to Cart" tab.
The Customer must indicate all the information necessary for delivery, namely the precise delivery address, a telephone number on which the Customer can be contacted at the time of delivery, as well as any restrictions on the accessibility of the place of delivery in accordance with the article below entitled "Mandatory information necessary for the preparation of the delivery".
After having verified the details of his order, the Customer must click on the "Validate" tab and definitively validate his order by making the payment and declaring full and unconditional acceptance of all these conditions of sale. To do this, the Customer must indicate the method of payment chosen and, where applicable, the type of credit card, card number, expiry date and cryptogram.
When the availability of the Products is validated, the order is confirmed by the Seller by e-mail sent to the address provided by the Customer during the ordering process, provided that this e-mail address does not contain any errors.
If the availability of the Products is not validated, the Seller shall inform the Customer as soon as possible by e-mail and shall propose, at the Customer's option, either to be delivered a Product of equivalent quality and/or price, within the limits of available stocks, or to be refunded the price of the Product ordered within a maximum period of 30 clear days from the date of his order if his account has been charged.
Date of the order
The date of the order is the date of validation of the order by the Customer in the case of online payment by credit card or the date of receipt of the check or transfer.
Refusal of an order
The Seller reserves the right to refuse any order from a Customer with whom it exists at the time of the order or it would appear, during the processing of the order, a dispute of any nature with the Seller, in particular regarding the payment of a previous order.
Payment of the price
The price invoiced to the Customer is the price indicated on the order confirmation sent by the Seller by e-mail, payable in cash on the day of the order, in particular by the following different means of payment:
- Credit cards: BLUE, VISA, EUROCARD, MASTERCARD;
- Bank transfer (the data necessary for the transfer are provided on the Site after the validation of the order by the Customer).
For an order by e-mail or telephone, payment by credit card is also available. Payment by other means must be received by the Seller within a maximum of 7 clear days following the confirmation of the Customer's order by the Seller. At the end of this period, the order is automatically cancelled, unless otherwise agreed by the Seller.
The Seller reserves the right to refuse to make a delivery or to honour an order, to suspend or close the account of a Customer with whom a dispute, in particular a payment dispute, is in progress or for whom fraud is suspected.
For payment by credit card, the security and confidentiality of the data transmitted are ensured by the LCL or PAYPAL secure payment system. Once the information has been verified by the bank and the payment has been made, it is destroyed. With each new order, the information related to credit cards is therefore requested again.
The order validated by the Customer is only considered effective when the payment centres have given their agreement. In the event of refusal, the order will be automatically cancelled and the Customer informed by e-mail.
The data recorded by payment systems constitute proof of financial transactions. In order to keep a record of the transaction, it is recommended that the Customer save or print the summary ticket containing the essential information of the transaction (amount, date and time, authorization number) and generated by the LCL or PAYPAL servers.
The Customer guarantees that he is fully entitled to use the payment card used to pay for his order and that this card gives access to sufficient funds to cover the entire amount of his order.
Delay or non-payment
In the event of a bank's refusal to accept a credit card debit, a refusal to cash a cheque or a transfer anomaly, the Customer undertakes to pay the Seller as soon as possible for his order by any other means of payment accepted by the Seller.
Prerequisite for the preparation of the delivery
The preparation of the delivery can only start when the availability of the Product(s) is validated and when payment is accepted, i.e. 3 working days after receipt of an order for payment by credit card and after receipt and acceptance by the bank for any other payment method.
Mandatory information necessary for the completion of the delivery
In order for the delivery times mentioned in the article below entitled "Delivery times" to be respected, the Customer must, when ordering, provide his exact delivery address (which may differ from the invoicing address), mentioning all the details necessary for the success of the delivery, as well as a telephone number at which he will actually be available at the time of delivery.
Any omission or error affecting the delivery address, the conditions of accessibility of the place, the telephone number provided by the Customer or any other problem attributable to the Customer and leading to the need to make a new delivery may be invoiced additionally for a new delivery at the expense of the Customer. In addition, the Seller shall not, under these conditions, be held liable for the impossibility of delivering the order within the time limits mentioned in the article below entitled "Delivery times".
Method of delivery
After confirmation of the order, the Product(s) are shipped to the Customer directly by one of the various carriers of the Seller's concerned supplier(s). Delivery is made either by direct delivery to the Customer or by notice of availability. In the event of absence, a notice of passage is left in the mailbox at the address indicated by the Customer with the details of the carrier. It is then up to the Customer to contact the carrier to agree on a new delivery date.
Deliveries of the Products in Europe take place within a maximum of 15 working days from the confirmation of the order by the Seller. Outside Europe, the maximum delivery time is 21 working days from the above-mentioned confirmation.
Shipping and handling costs
The shipping and processing costs related to the order are mentioned on the Site and indicated to the Customer at the time of each order before the final validation of the order by him.
If, when an order is composed of different Products, the Customer may receive several packages from several suppliers, the delivery costs are invoiced only once on a flat-rate basis.
Delivery outside Metropolitan France
For any order delivered outside metropolitan France, the payment of any applicable local taxes and customs duties is the exclusive responsibility of the Customer and is his sole responsibility. The Seller shall not be held liable in the event of non-payment by the Customer of sums of any kind thus borne by him.
Upon receipt, it is the Customer's responsibility to check the condition of the package containing the ordered Product(s) and, in the event of damage, to refuse delivery by submitting written reservations to the carrier concerned. The Customer is invited to inform the Seller without delay so that the latter can take all necessary measures with the carrier concerned.
In addition, if the Customer considers that the Product (s) delivered is (are) not in conformity with his order (damaged Product (s), error of reference, quantity, possible defects...), it is his responsibility to inform the Seller. When the Customer's complaint appears justified, the Seller sends by e-mail to the Customer a return form to be attached duly completed to the return package that the Customer must send to the Seller within a maximum period of 7 clear days from the issuance of the return form.
The return package must contain the Product(s) concerned in perfect condition and in their original packaging.
Upon receipt of the return package, when the Customer's complaints appear to be justified, the Seller shall, at the Customer's option, either replace the Product(s) concerned by Product(s) of equivalent quality and/or price, within the limits of available stocks, or refund the Customer the sums received for the returned Product(s) and the shipping and return costs. The Customer's refund is made in the form of a credit to his account by credit card or by cheque if the payment has been made by cheque or bank transfer.
No replacement or refund can be made for a Product that has been processed, damaged, used even briefly, ironed, washed or soiled.
RIGHT OF RETRACTATION
The Customer who is a consumer has, under the conditions provided for in Article L121-20 of the Consumer Code and in the context of distance selling, a withdrawal period of 7 clear days from the delivery of his order. This right is exercised by sending the Seller a registered letter with acknowledgement of receipt within this period.
If the Product has not yet been shipped, no charge will be made to the Customer. Otherwise, the costs associated with the return of the Product(s) shall be borne by the Customer, who must return, at the same time as sending the registered letter with acknowledgement of receipt notifying the Seller of the exercise of his right of withdrawal, the Product(s) concerned in perfect condition and in their original packaging, accompanied by the delivery note allowing its identification.
Within a maximum of 30 clear days from the receipt by the Seller of the returned Product(s), the Customer shall be reimbursed for the sums paid either in the form of a credit to his account by credit card or by cheque if the payment has been made by cheque or bank transfer.
No refund can be made for a Product that has been processed, damaged, used evebriefly, ironed, washed or soiled.
The personal data that must be entered when registering and placing orders is essential for the processing and delivery of these orders and the preparation of the corresponding invoices. Failure to provide any mandatory personal data makes it impossible to order the Products.
In accordance with the law n° 78-17 of 6 January 1978 known as "Informatique et Libertés", the processing of the Client's personal data has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL) under number 1503860. pursuant to article 34 of the aforementioned law, the Client has the right to access, modify, rectify and delete personal data concerning him, this right must be exercised with the Seller.
The Seller undertakes not to communicate, free of charge or in return, the Customer's personal data to any third party, with the exception of subcontractors to whom the Seller may have recourse for the purpose of processing and routing orders.
When registering or placing orders, the Seller may propose to the Customer to receive commercial information from him by e-mail. The Customer may at any time request partial or total unsubscription to these mailings and in particular to the newsletter published by the Seller.
The domain names "www.welcomefamily.fr" as well as all the elements and contents appearing on the Site are the property of the Seller and are protected, for the whole world, under copyright and intellectual property rights.
Their reproduction, even partial, is strictly prohibited. In particular, any total or partial reproduction of the Seller's catalogue is strictly prohibited, unless prior and express authorization has been obtained from the Seller.
Under the same conditions, their use is limited to strictly private use.
Any reproduction or any other use constitutes counterfeiting and is punishable as such under the Intellectual Property Code, unless prior and express authorization is obtained from the Seller.
These general terms and conditions of sale are subject to French law. In the event of a dispute, the Customer shall first contact the Seller to obtain an amicable solution. Failing this, the French courts have sole jurisdiction.