MARKETING CREATION is a simplified joint stock company with a capital of 100,000 euros, located at 1, Via Aurélia, in Le Tholonet (13100) and registered in the Trade and Companies Register of Aix en Provence under the number 530 796 861. It is represented by Mr. Frédéric MARTZ, President
The website is accessible at the following link:https://welcomefamily.com/en/.
WELCOME FAMILY's customer service can be reached by mail at the address of the company's headquarters; by email at email@example.com or by phone at 04.42.26.23.07
The purpose of these General Terms and Conditions of Sale and Services (hereinafter the "GTSS") is to define the conditions under which MARKETING CREATION (hereinafter "WELCOME FAMILY") provides the professional customer, identified on the order form and/or the quote (hereinafter "the Customer"), with the products and/or services described on the order form and/or the quote (hereinafter referred to as "the Products and/or the Services")
Any order of Products or supply of Services implies, on behalf of the Customer, the consultation and the acceptance without reserve of the present CGVS. The GSCS to which reference is also made on the order form exclude, unless expressly agreed by WELCOME FAMILY, the application of any contrary clause contained in the documents of the Customer, including its general conditions of purchase or purchase orders. WELCOME FAMILY can modify at any time the present CGVS; the CGVS applicable to the Customer will be the CGVS in force at the day of the order of the Customer.
On the Internet, the Customer will have to create a customer account by communicating the information necessary to the order of products to WELCOME FAMILY.
Any order of the Customer will be the subject of an order form and/or a quote specifying the identity of the Customer and the Products and Services concerned (hereinafter "the Order Form"). Any Order Form from WELCOME FAMILY shall have, unless otherwise specified in the Order Form, a validity period limited to 2 days. In case of error on the Purchase Order, no return of Products may be made without the express prior agreement of WELCOME FAMILY. The acceptance of a Purchase Order commits the Customer in a firm and final way. The order of a Customer will be considered binding WELCOME FAMILY only when the order is executed by WELCOME FAMILY.
The Customer makes his order (hereinafter the "Order") by any means, through the website or directly by contacting the customer service of WELCOME FAMILY to the following coordinates: firstname.lastname@example.org / 04 42 50 17 10.
When the Order is placed on the WELCOME FAMILY website, the Customer is required to follow the following steps
- Access to the Site ;
- Select the Products you are interested in and specify the quantity you wish to order
- Request a quote by following the instructions available on the Site Open a customer account or log in as a Customer if necessary Check the elements of the Order, identify and, if necessary, correct any errors
- Accept the terms and conditions.
After receipt of the Order, WELCOME FAMILY shall send the Customer a confirmation of the Order. The express and unreserved acceptance of the GTC, the designation of the selected Products, their quantities, customization, price and delivery terms entails confirmation of the Order.
For special orders, confirmation of the order (BAT)
After receipt of the Special Order, WELCOME FAMILY shall send the Customer a quotation and a request for confirmation of the Purchase Order in the form of a "Ready for Printing" (hereinafter "ROP"). When communicating the BAT, WELCOME FAMILY specifies - in the case of special productions - the production and delivery times. To express its agreement and confirm the Order, the Customer shall return the signed proof within a maximum of two working days from its receipt. The express and unreserved acceptance of the General Terms and Conditions of Sale, the description of the Products selected, their quantities, customization, price and delivery terms shall constitute confirmation of the Order. WELCOME FAMILY shall not be held liable for any error or omission by the Customer during the validation of the proof of order. As from the validation of the proof of delivery, the Customer is thus held to accept the delivery and to pay the amount of the Products having been the subject of the proof of delivery, except to show that the delivery is not in conformity with the proof of delivery.
In principle, the confirmation of the Order does not give any right of withdrawal
However, the Customer whose number of employees is less than or equal to five (5) and who contracts off-premises may have a withdrawal period of fourteen (14) days from the date of receipt of the Product or the conclusion of the Services contract in accordance with the conditions and model accessible at the following link Withdrawal form.
In case of exercise of the right of withdrawal within the above-mentioned time limit, only the price of the Product(s) and/or Services purchased and the delivery costs shall be refunded; the return costs shall be borne by the Customer. The Customer will be reimbursed within fourteen (14) days following receipt of the Customer's request for withdrawal, provided that the Products are returned to WELCOME FAMILY.
In accordance with the provisions of Article L.221-28 of the Consumer Code, if the Customer wishes the execution of the Services to begin before the end of the withdrawal period, WELCOME FAMILY shall record on the Order Form his request and his express waiver of his right of withdrawal. Moreover, for the special Orders, the validation of the BAT is worth confirmation of the Order without right of withdrawal. As Special Orders consist of the manufacture of products according to the Customer's specifications, the Customer acknowledges that he/she shall not have the right to cancel the Order once the proof has been validated.
Date of order
The date of the order is the date of validation of the order by the Customer in case of online payment by credit card or the date of receipt of the check or transfer.
The products marketed by WELCOME FAMILY are welcome and equipment kits for children in hotels and restaurants intended for professionals. They can be customized.
The majority of the Products marketed by WELCOME FAMILY can be consulted by the Customers on the Internet site https://welcomefamily.com/en/ or the documentation sent to the Customer at his request. WELCOME FAMILY 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 best efforts of WELCOME FAMILY, the perception by the Customer of one (or more) Product (s) does not correspond completely. 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 WELCOME FAMILY
The Customer acknowledges having received all the necessary information prior to the conclusion of the present contract. The Customer recognizes as a professional to have chosen under its only responsibility the Products and/or Services. All intellectual property rights relating to the Products and their technical documentation remain the exclusive property of WELCOME FAMILY. The Customer shall refrain from registering a title of ownership, in any form whatsoever, in France or abroad on the Products.
Availability of Products
WELCOME FAMILY is at any time entitled to update the Products or to withdraw them from sale. All Products are deemed to be available at the time of the Order. Nevertheless, the variations of stocks being able to be important in a short lapse of time, the Customer receives confirmation, by electronic mail and as soon as possible, of the availability of the Products being the subject of the order.
Special orders (the "Services") arising from specific requests from Customers are made on demand and presented to Customers in the context of commercial presentations according to specifications or through the quote sent to the Customer.
In this context, the Customer may ask WELCOME FAMILY to involve members of its staff working at STUDIO WELCOME, whose rates are available to the Customer on request at the following address: email@example.com
The Products and Services are provided at WELCOME FAMILY's prices in effect on the day the order is placed, as specified on the Order Form. These prices are firm and non-revisable. For Special Orders, prices are firm and non-revisable during the period of validity of the BAT. The prices appearing on the WELCOME FAMILY catalogs are only indicative and may be revised at any time by WELCOME FAMILY.
The prices are expressed in euros excluding taxes.
For the orders placed on Internet, as soon as the amount of the Order is equal or higher than 500 €HT (five hundred euros without taxes), the price of the Products is included Free of carriage, i.e. WELCOME FAMILY takes in charge the transport charges. If the amount of the order of the Customer is lower than 500€ HT, a participation in the expenses is required according to a price scale available on request.
Terms of payment
The payment of the price of the Order by the Customer shall be made by cheque, credit card to the bank account of MARKETING CREATION whose details are indicated on the invoice or through the payment service provider Paypal or by bank transfer to the bank account of MARKETING CREATION whose details are indicated on the invoice.
Unless otherwise specified on the quotation, payment for the Order shall be made upon receipt of the invoice by the Customer. If the purchase is made directly online, payment is made online at the time of the Order.
Any delay or failure to pay automatically leads to the application of a late payment penalty equal to the legal interest rate increased by 5 points and a fixed penalty of forty (40) euros corresponding to the collection costs
For special orders and Services, the Customer shall pay a deposit corresponding to 50% of the total amount including VAT of the Order at the date of acceptance of the Order. In the event of late or non-payment, WELCOME FAMILY shall not be obliged to accept new Orders in the absence of settlement of the Customer's debt to WELCOME FAMILY. WELCOME FAMILY also reserves the right to immediately suspend any delivery in progress, as well as to refuse any Order without any formality being necessary
For any order delivered outside metropolitan France, the payment of local taxes and customs duties possibly applicable is the sole responsibility of the Customer. The responsibility of WELCOME FAMILY could not be committed in the event of non-payment by the Customer of the sums of any nature thus with its load.
The Order shall be prepared and the delivery times communicated to the Customer in the Order form shall only start to run as from the confirmation of the Order. For Special Orders, the delivery times communicated to the Customer in the Purchase Order shall only start to run upon receipt by WELCOME FAMILY of the completed Order Form. The delivery times are given only as an indication: their exceeding can lead neither the cancellation of the order, nor compensation, nor damages. WELCOME FAMILY reserves the right to suspend delivery of the Products without payment of any compensation if the Customer does not comply with the agreed payment terms. The responsibility of WELCOME FAMILY can in no case be committed in case of delay or suspension of delivery attributable to the Customer or in case of force majeure.
The transport is made to the address indicated on the BAT. Deliveries are made throughout the European Economic Area, including the French DOM TOM. In the case where the conditions of transport would require exceptional means (example: delivery insular) a participation in the expenses will be invoiced to the Customer.
It is the Customer's responsibility to facilitate access for unloading the ordered Products. A clear area for unloading the product is imperative as close as possible to the place of deposit.
If the configuration of the place of delivery does not allow the carrier to make a safe delivery with its usual means of transport, the carrier may decide to use last mile logistics to finalize the delivery or will agree with the Customer on a new delivery point as close as possible to the delivery address indicated on the TAO. Any additional costs will be charged to the Customer.
The Customer must, at the time of the order, provide the exact delivery address (which may be different from the billing address), mentioning all the details necessary for the success of the delivery, as well as a telephone number at which he/she can be reached at the time of delivery. Any omission or error affecting the delivery address, the accessibility of the location, the telephone number provided by the Customer or any other problem attributable to the Customer and resulting in the need to make a new delivery may be subject to additional billing for a new delivery at the expense of the Customer.
Transport, transfer of risk and transfer of ownership
The transfer of the risks takes place at the time when the conveyor delivers the Products to the Customer. WELCOME FAMILY takes charge of the transport costs and takes care of its course, according to the mode Free of port. For the orders on line, the transport charges for 500 €HT. If the amount of the order of the Customer is lower than 500€HT, a participation in the expenses is required according to a tariff grid available on request
If the Customer wishes to take care of the transport by entrusting the delivery to a carrier of its choice, it supports the cost of transport and the risks attached to the operation of transport without being able to engage the responsibility for WELCOME FAMILY in the event of problems encountered during the delivery. The transfer of ownership takes place after full payment of the Products by the Customer
RESERVATION OF OWNERSHIP
WELCOME FAMILY keeps the property of the delivered Products until the effective collection of all the sums due by the Customer for some title that it is. However, the Customer as custodian of the Products, assumes responsibility and risk. By right, WELCOME FAMILY can, as soon as an incident of payment occurs, require the restitution, with the expenses, risks and dangers of the failing Customer, of the delivered Product, and this without setting in residence. The sale will be automatically cancelled and the deposits already paid will remain acquired to WELCOME FAMILY in return for the enjoyment of the Products from which the Customer will have benefited, without this clause being able to be regarded as a penalty clause. In the event that the Products are resold, the original Customer will be deemed to have made this sale on behalf of WELCOME FAMILY, as an agent, selling the Products and collecting the amount of the sale price in the name and on behalf of WELCOME FAMILY.
GUARANTEES AND RESPONSIBILITIES
It is the Customer's responsibility to check the state of conformity of the Products and to inform WELCOME FAMILY in case of defect within five (5) days from receipt. Once this period elapsed, no claim will be admissible against WELCOME FAMILY and the Products can not be returned or exchanged. The guarantees of WELCOME FAMILY mean for a normal use of Products, and do not apply to deterioration or destruction caused in particular by error of assembly, faulty use or overload. After delivery, the guarantee of WELCOME FAMILY does not apply to products that would be stored or kept in conditions unsuitable to preserve them from any damage to their integrity or substance such as weather, animal attacks, deterioration due to insects or contamination.
Request for referral
In case of lack of conformity and if it proves necessary to return the Products with defects, the Customer must make a request for return to WELCOME FAMILY by sending an email to WELCOME FAMILY at firstname.lastname@example.org. If this request for return is admitted, WELCOME FAMILY is responsible for recovering or have recovered the goods at the place of delivery. The Products will be refunded when the existence of defects stated by the Customer, cause of return, have been found and confirmed by WELCOME FAMILY
WELCOME FAMILY will not accept any Product sent by the Customer without prior approval. A fortiori, no refund will be made without following the procedure for return as stated above
In addition, when the Customer has wished to arrange for delivery collect, the cost of transporting the goods shall be borne by the purchaser, who shall pay for them, and no request for return shall be granted.
The Parties agree that in case of recognition of responsibility of WELCOME FAMILY towards the Customer, the former shall have the choice between replacing the defective Product or reimbursing the Customer for the cost of the Product, and this after ascertaining the existence of a damage or a manufacturing defect
If WELCOME FAMILY chooses to refund the price of the defective Product, it will deduct this price from the Customer's next invoice. In the absence of a next invoice, WELCOME FAMILY shall be obliged to refund the Customer after a period of one (1) month
In any case, the responsibility of WELCOME FAMILY is contractually limited to the value of the Products subject of the order, whatever the cause of its responsibility and the amount of damage suffered by the Customer.
WELCOME FAMILY thus excludes any liability for consequential damages suffered by the Customer due to the use or non-use of Products delivered by WELCOME FAMILY, such as but not limited to loss of customers, loss of revenue, loss of turnover, loss of image.
All actions to which the Order, the Delivery and the Conformity of the Products may give rise, whether as a principal or as an accessory, shall be barred within one (1) year of the conclusion and performance of the Order.
Article 1218 of the Civil Code and case law define force majeure. In addition, force majeure includes, but is not limited to, strikes, employer closures, civil conflicts, natural disasters, accidents, breakdowns, fire, floods, difficulties in the supply of raw materials, epidemics giving rise to sanitary restrictions related to the activity of companies and transportation issues, confinement, governmental or administrative restrictions that do not allow normal activity
WELCOME FAMILY undertakes to make its best efforts to find a solution to the contingencies resulting from this clause
If, for reasons of force majeure, WELCOME FAMILY is unable to make deliveries of orders already accepted, it shall not be held liable to the Customer for damages or losses of any kind resulting from this impossibility.
These GTC constitute the entire agreement between WELCOME FAMILY and the Customer concerning the sale of Products. They are completed by the Order confirmation sent by WELCOME FAMILY to the Customer. For special Orders, they are supplemented by the BAT which includes the characteristics of products, quantities, prices, delivery terms and Customer confirmation
The current GTC can be consulted at any time on the Website.
If any provision of these T&Cs is held to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect
Customer agrees that these T&Cs and all agreements incorporated herein may be automatically assigned or transferred by MARKETING CREATION in its sole discretion. The section headings are for reference only and do not define, limit, construe or describe the scope or coverage of their section.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights relating to the Products marketed by WELCOME FAMILY are fully owned by it, including those relating to special orders
WELCOME FAMILY retains full industrial, literary and artistic ownership of the Products and/or software sold, projects, studies, drawings, which may not be communicated to unauthorized third parties or used for any other application without the express prior authorization of WELCOME FAMILY.
Indeed, the Customer gives to WELCOME FAMILY a right of use on its mark on a purely free basis within the framework of the affixing of a logo for the advertising object
NON-SOLICITATION OF PERSONNEL
The Customer shall expressly refrain from soliciting for employment or hiring directly or indirectly any member of the staff of WELCOME FAMILY. In case of violation of this prohibition, the Customer shall be required to pay immediately to WELCOME FAMILY, as a penalty clause, a lump sum equal to twelve (12) of the last gross monthly salary of the person solicited or hired, plus all costs of recruitment of a replacement.
SETTLEMENT OF DISPUTES AND APPLICABLE LAW
The applicable law
French law, including the Vienna Convention of April 11, 1980 and the Hague Convention of June 15, 1955, is applicable to these GTC in accordance with the rules of French and European private international law
Amicable Dispute Resolution
Any dispute or controversy that may arise regarding the validity, interpretation, performance, non-performance or termination of the GTC shall, prior to any legal action, be submitted to mediation before a mediator of the Parties' choice. The Parties expressly acknowledge the mandatory nature of recourse to mediation in the event of disputes or disagreements that may arise concerning the validity, interpretation, performance, non-performance or termination of the Contract. In the event of a dispute or disagreement between the Parties, the most diligent Party shall inform the other Party directly or indirectly, by simple written notice, of the identity of the mediator or mediation body that it proposes. The other Party shall give its consent or propose another mediator or mediation body within fifteen (15) clear days from the receipt of the mediation proposal letter. If the parties fail to agree on the person of the mediator within fifteen (15) days from the date of the first proposal, the mediator shall be appointed by the President of the competent Commercial Court of Aix en Provence, ruling in summary proceedings and referred to at the initiative of the most diligent Party. The duration of the mediation shall not exceed three (3) months, renewable once by mutual agreement. If the Parties fail to reach an amicable settlement of their dispute within the above-mentioned period and its possible renewal, they may refer the matter to the competent court designated below.
The Parties designate the Commercial Court of Aix en Provence as the competent jurisdiction for any dispute relating to the present GTC, the order, delivery, payment and conformity of the Products for a dispute between the Customer and WELCOME FAMILY, including in case of summary proceedings.