The web shop french-crea-vintage.com,has been established by Marie-Pascale Requer, company registered SIRET N° 321 812 752 00020 who is the operator of this site. Any order taken under a product listed in the online shop of the website french-crea-vintage.com assumes preliminary consultation of these Terms and Conditions. Accordingly, the consumer recognises that it is fully informed that its agreement regarding the content of these Terms and Conditions does not require the handwritten signature of this document, in so far as the customer wishes to order the products presented in the web shop.
The consumer has the power to protect or to edit the present general conditions, being specified that so much the saving which the publishing of this document are of its only responsibility. The consumer, before his order, declares that the acquisition of products can be of use on no account to a resale as is of these products.
The online shop organized by the company MP Requer within the framework of the Web site mentions the following information:
- Legal note allowing an identification specifies of the company MP Requer
- Display of the essential characteristics of the proposed goods
- Indication, in Euros and Dollars of the price of the goods, as well as, where necessary, the expenses of delivery
- Indication of the terms of payment, delivery, or execution
- The existence of a right to withdraw
- The duration of validity of the offer or the price
- The conditions of termination of the contract when this one is indefinite or of duration one-year-old superior
- All this information is presented in French language. The consumer declares to have the full legal capacity allowing him to make a commitment in conformance with the present general conditions
Section 1 : Entire
The present general conditions express the entire obligations of the parts . This way, the consumer is considered for accepting without reserve the entire measures planned in these general conditions. No general or specific condition appearing in documents sent or handed by the consumer can become integrated into the present, since these documents would be incompatible with these general conditions.
Section 2 : Subject
The present general conditions have for object to define the rights and duties of the parts within the framework of the on-line sale of goods and services proposed by the company MP Requer to the consumer.
Section 3 : Contractual documents
The present contract is formed by the following, presented contractual documents in order hierarchical decreasing: the present general conditions; the order form. In case of contradiction between capacities contained in the documents of different row, the capacities of the document of upper row will prevail.
Section 4 : Entry into force - duration
The present general conditions come into effect in the date of validation of the order form which is worth signature. The present general conditions are concluded for duration necessary for the supply of the signed goods and services, until the extinction of due guarantees by the company MP Requer.
Section 5 : Electronic signature
The " double click " of the consumer in conformance for the order form establishes an electronic signature which has, between the parts, the same value as a handwritten signature.
Section 6 : Order confirmation
The contractual information will be the object of a confirmation sees of e-mail at the latest at the time of the delivery or if not, at the address indicated by the consumer within the order form.
Section 7 : Proof of the deal
Registers computerized, preserved in the computer systems of the company MP Requer in reasonable conditions of safety, will be considered as the proofs of the communications, the orders and payments intervened between the parts. The archiving of order forms and invoices is made on a reliable and sustainable support which can be produced as proof.
Section 8 : Product information
8-a : The MP Requer company presents on its Web site products to be sold with the necessary characteristics which allow to respect the Article L 111-1 of the Code of the consumption, which the possibility for the potential consumer plans to know before the definitive order taking the essential characteristics of the products which he wishes to buy.
8-b : The offers presented by the company MP Requer are valid only while stocks last.
Section 9 : Price
The prices are indicated in euros and in US dollars and are valid only in the date of the sending of the order form by the consumer. The prices get on inclusive of all taxes. The payment of all of the price must be realized during the order. At no time, the paid sums cannot be considered deposit or deposits.
Section 10 : Payment method
To settle his order, the consumer has, in his choice, the set of the payment conditions aimed within the order form. The consumer guarantees the MP Requer company that he arranges authorizations possibly necessary to use the method of payment chosen by him, during the validation of the order form. The MP Requer company reserves the right to suspend any management of order and any delivery in case of refusal of authorization of credit card payment on behalf of the officially accredited bodies or in case of the not payment.In particular, MP Requer reserves the right to refuse to make a delivery or to honour an order from a consumer who has not paid in whole or in part for a previous order or with whom a payment dispute is being administered.
Section 11 : Product availability
Products are immediately downloadable after complete validation of the order and the acceptance of the regulation. All the products are available in download. In case of problem of download, a sending will be made by email for any received request within a week.
Section 12 : Delivery terms
Products are exclusively sold in direct download, after validation and payment of the command(order). For safety reasons, they can be twice downloaded within a week as from the validation of the command(order).
Section 13 : Errors of delivery
14-a: The consumer will have to formulate with the company MP Requer that very day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and/or non-compliance of products in kind or in quality with compared with the indications appearing on the order form. Any complaint formulated beyond this deadline will be rejected.
14-b: The formulation of this complaint with the company MP Requer can be made: - by connecting you on our site in the section" follow your order " where, having entered your customer's number, you can ask us your question through the menu to contact by specifying well the reference of the order.
14-c: Any complaint not made in rules defined above and within the time limits allowed cannot be taken into account and will clear the MP Requer company of any responsibility face to face of the consumer.
14-d: Upon receipt of the complaint, the MP Requer company will attribute a number of exchange of one or several products concerned and will communicate it by e-mail. The exchange of a product can take place only after the attribution to the consumer of a number of exchange according to the approach presented above.
Section 14 : Product warranty
In accordance with Article 4 of Decree No. 78-464 of 24 March 1978, the provisions herein cannot deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of the hidden defects of the thing sold. The consumer is expressly informed that the company MP Requer is the producer of all products offered on its sales site french-crea-vintage.com
Section 15 : Right of withdrawal
In view of the nature of the products sold and the mode of acquisition, exclusively for download, the right of withdrawal does not apply.
Section 16 : Rights of use
The fashion sewing patterns in download, are the exclusive property of MP Requer, whose originals it holds. The right to use the MP Requer Fashion sewing patterns, as well as those distributed by it, is granted to the consumer on a non-exclusive, personal and non-communicable basis in accordance with the Intellectual Property Code. However, under Article L122-6-1 of this Code, the consumer has a reproduction right exclusively for the establishment of a backup copy, where it is necessary to preserve the use of fashion patterns. In any event, the author of fashion sewing patterns retains a right of ownership over his work, which the consumer undertakes to respect. Consequently, no commercial use of all or part of the fashion patterns is tolerated unless special authorization is given.
Section 17 : Major force
Neither party has failed to fulfil its contractual obligations to the extent that their execution will be delayed, impeded or prevented by an accidental case or force majeure. Any irresistible facts or circumstances, external to the parties, unpredictable, inevitable, beyond the control of the parties and which cannot be prevented by the parties, shall be deemed to be fortuitous or force majeure. The party affected by such circumstances shall notify the other party within 10 working days of the date on which it becomes aware. The two parties will then, within one month, unless otherwise practicable in the case of force majeure, examine the impact of the event and agree on the conditions under which the contract will be continued.If the case of major force exceeds three months, these general conditions may be terminated by the aggrieved party. Explicitly, in addition to those customary in French courts and tribunals, force majeure or fortuitous cases are considered: blocking means of transport or supply, earthquakes, fires, storms, floods, lightning; the termination of telecommunications networks or difficulties specific to telecommunications networks external to customers.
Section 18 : Partial not validation
If one or more stipulations of these general conditions are held to be invalid or declared invalid pursuant to a law, regulation or a final decision of a competent court, the other stipulations will retain their full force and scope.
Section 19 : Not renunciation
The failure of either party to avail itself of any breach by the other party to any of the obligations referred to in these General Conditions shall not be construed in the future as a waiver of the obligation in question.
Section 20 : Applicable law
These general conditions are subject to French law. The same applies to the rules of funds and the rules of form. In the event of a dispute or complaint, the consumer will first contact the MP Requer company to obtain a friendly solution. In a second stage and in case of appeal, the consumer will be able to file a claim with the Commercial Court of Guéret, to which the company belongs.
Section 21 : Information Technology and Civil Liberties
The information that is requested from the consumer is necessary for the processing of his order and may be communicated to the contractual partners of the company MP Requer involved in the execution of this order. The consumer may write to the company MP Requer, whose contact details are within the privacy charter contained in the website, to oppose such communication, or to exercise its rights of access, of rectification with regard to the information concerning him and appearing in the files of the company MP Requer, under the conditions laid down by the law of 6 January 1978. CNIL Declaration No. 1586975v0