General conditions of sale
GENERAL CONDITIONS OF SALE
Article 1 - Definitions
We will subsequently designate:
- 'Site': the site lesnanasfringueuses.com and all of its pages.
- 'Products': all the products (material) and services (intangible) that can be purchased or subscribed to on the site.
- 'Publisher': The person, legal or natural, responsible for the publication and content of the site, and presented in the site's legal notices.
- 'User': The Internet user visiting and using the site.
- 'Customer': The Internet user making a purchase of a product or service on the site.
Article 2 - Information required by the law on trust in the digital economy and purpose of the site
This site is published by Rasson Cathy. Legal information concerning the host and publisher of the site, including contact details and any capital and registration information, are provided in the legal notices of this site. Information concerning the collection and processing of personal data (policy and declaration) is provided in the site's personal data charter. This site offers online sales of clothing and fashion accessories. The site is freely accessible to all Internet users. The acquisition of a good or service, or the creation of a member area, or more generally browsing the site implies acceptance by the Internet user of all of these general conditions, who thereby acknowledges having fully read them. This acceptance may consist, for example, for the Internet user, of checking the box corresponding to the sentence accepting these general conditions, for example, with the words "I acknowledge having read and accepted all of the general conditions of the site." Checking this box will be deemed to have the same value as a handwritten signature from the Internet user. Acceptance of these general conditions assumes that users have the necessary legal capacity to do so. If the user is a minor or does not have this legal capacity, he declares that he has the authorization of a guardian, curator or his legal representative. The Internet user recognizes the evidentiary value of the automatic recording systems of the publisher of this site and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute. The Publisher provides the Customer, on its Site, with a confidentiality charter specifying all the information relating to the use of the Customer's personal data collected by the Publisher and the rights that the Customer has with regard to this personal data. The data confidentiality policy is part of the General Terms and Conditions. Acceptance of these General Terms and Conditions therefore implies acceptance of the data confidentiality policy.
Article 3 - Characteristics of the products and services offered
The products and services offered are those listed in the catalog published on the site. These products and services are offered while stocks last. Each product is accompanied by a description drawn up by the publisher based on the descriptions provided by the supplier. The photographs of the products in the catalog reflect a true and fair view of the products and services offered but are not contractually binding since they cannot ensure perfect similarity with the physical products. The customer service of this site can be reached by email at the following address: lesnanasfringueuses@gmail.com or by post at the address indicated in the legal notices, in which case the publisher undertakes to provide a response within 7 days. Rasson Cathy also provides its users and customers with a hotline, or telephone assistance, to answer their questions. Telephone assistance can be contacted by phone at 0032476822783 (non-premium number).
Article 4 - Rates
Unless otherwise stated, the prices listed in the catalog are prices in Euros inclusive of all taxes (TTC), taking into account the VAT applicable on the day of the order.
Rasson Cathy reserves the right to reflect any change in VAT rates on the price of products or services. The publisher also reserves the right to change its prices at any time. However, the price listed in the catalog on the day the order is placed will be the only one applicable to the buyer.
Article 5 - Member area
The user registered on the site (member) has the possibility to access it by connecting using his identifiers (email address defined during registration and password) or possibly by using systems such as third-party connection buttons of social networks. The user is entirely responsible for the protection of the password he has chosen. He is encouraged to use complex passwords. If he forgets his password, the member has the possibility to generate a new one. This password constitutes the guarantee of the confidentiality of the information contained in his "my account" section and the user is therefore prohibited from transmitting or communicating it to a third party. Failing this, the publisher of the site cannot be held responsible for unauthorized access to a user's account. The creation of a personal space is an essential prerequisite for any order or contribution by the member on this site. To this end, the member will be asked to provide a certain amount of personal information. The member agrees to provide accurate information. The purpose of data collection is to create a "member account". This account allows the customer member to view all of their orders placed on the site. If the data contained in the member account section were to disappear following a technical breakdown or a case of force majeure, the site and its publisher cannot be held liable, as this information has no probative value but is only informative. The pages relating to member accounts can be freely printed by the holder of the account in question but do not constitute proof; they are only informative and intended to ensure efficient management of their orders or contributions by the member. The publisher reserves the exclusive right to delete the account of any member who has contravened these general conditions (in particular, but without this example being exhaustive, when the member has knowingly provided incorrect information when registering and creating their personal space) or any account that has been inactive for at least one year. The said deletion will not constitute damages for the excluded member who will not be able to claim any compensation for this reason. This exclusion does not exclude the possibility for the publisher to take legal action against the member, when the facts justify it.
Article 6 - Exemption from the publisher's liability in the context of the execution of this contract
In the event of inability to access the site, due to technical problems or any other nature, the user will not be able to claim damages and will not be able to claim any compensation. The unavailability, even prolonged and without any time limit, of one or more products, cannot constitute a prejudice for Internet users and cannot in any way give rise to the granting of damages by the site or its publisher. The photographs and visuals of the products presented on the site have no contractual character, the responsibility of the publisher of this site cannot therefore be engaged if the characteristics of the objects differ from the visuals present on the site or if the latter are erroneous or incomplete.
The hyperlinks on this site may lead to other websites and the publisher of this site cannot be held liable if the content of these sites contravenes current legislation. Similarly, the publisher of this site cannot be held liable if the visit by the Internet user to one of these sites causes them harm.
Article 7 - Intellectual property rights relating to elements published on this site
All elements of this site belong to the publisher or a third-party agent, or are used by the publisher on the site with the authorization of their owner. Any copying of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and constitutes counterfeiting. Any member who is guilty of counterfeiting may have their account deleted without notice or compensation and without this deletion constituting any damage to them, without reservation of possible subsequent legal action against them, at the initiative of the publisher of this site or its agent.
Article 8 - Limitation of liability
The website publisher cannot be held liable for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of the website service, or others. The website publisher, particularly in the online sales process, is only bound by an obligation of means. The publisher of the Rasson Cathy website cannot be held liable for the non-performance of the contract concluded, due to the occurrence of a force majeure event. Regarding the products purchased, the publisher will not incur any liability for any indirect damages resulting from these terms, operating losses, loss of profit, damages or costs, which may arise. The choice and purchase of a product or service are placed under the sole responsibility of the customer. The total or partial impossibility of using the products, in particular due to incompatibility of the material, cannot give rise to any compensation, reimbursement or questioning of the publisher's liability, except in the case of a proven hidden defect, non-conformity, defectiveness or exercise of the right of withdrawal if applicable, that is to say if the customer is not a professional and the contract entered into to acquire the good or service allows for withdrawal, according to the articles of Book VI of the Code of Economic Law. In the event of non-delivery of an order or part of an order, the customer has 60 days from the scheduled delivery date to make a statement in order to have the order automatically cancelled by sending a registered letter with acknowledgment of receipt. Beyond this period, no claims will be accepted. The user expressly acknowledges that they use the site at their own risk and under their exclusive responsibility. The site provides the user with information for informational purposes only, with imperfections, errors, omissions, inaccuracies and other ambiguities that may exist. In any event, Rasson Cathy cannot be held responsible for: - any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, loss of data that may result, among other things, from the use of the site, or on the contrary from the impossibility of its use; - a malfunction, unavailability of access, misuse, poor configuration of the user's computer, or the use of a browser that is little used by the user; - the content of advertisements and other links or external sources accessible by the user from the site.
Article 9 - Access to the site
The website publisher cannot be held liable for technical unavailability of the connection, whether due in particular to a case of force majeure, maintenance, an update, a modification of the website, an intervention by the host, an internal or external strike, a network failure, a power cut, or even incorrect configuration or use of the user's computer.
Article 10 - Account Closure
Each user is free to close their account on the site. To do so, the member must send an email to the site indicating that they wish to delete their account. No recovery of their data will then be possible.
Article 11 - Applicable law and mediation
These general terms and conditions are subject to the application of Belgian law. They may be modified at any time by the publisher of the site or its agent. The general terms and conditions applicable to the user are those in force on the day of his order or connection to this site. The publisher obviously undertakes to keep all its old general terms and conditions and to send them to any user who requests them. Except for provisions of public order, any disputes which may arise in the context of the execution of these general terms and conditions may, before any legal action, be submitted to the assessment of the publisher of the site with a view to an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits open for bringing legal actions. Unless otherwise provided for by public policy, any legal action relating to the execution of this contract must be submitted to the jurisdiction of the courts within the jurisdiction of the Court of Appeal seized.Consumer MediationIn accordance with Book XVI of the Code of Economic Law, Rasson Cathy offers its individual clients, in the context of disputes that have not been resolved amicably, the Consumer Mediation Service, whose contact details are as follows:Consumer Mediation Service- Boulevard du Roi Albert II 8, 1000 Brussels- Tel.: 02 702 52 20- Fax: 02 808 71 29- E-mail: contact@mediationconsommateur.be- Website: http://mediationconsommateur.beIt is recalled that mediation is not obligatory but only offered in order to resolve disputes while avoiding recourse to justice.
Article 12 - Use of Cookies
A "Cookie" allows the identification of the user of a site, the personalization of their consultation of the site and the acceleration of the display of the site thanks to the recording of a data file on their computer. The site is likely to use "Cookies" mainly to 1) obtain navigation statistics in order to improve the User's experience, and 2) allow access to a member account and to content that is not accessible without logging in. The User acknowledges being informed of this practice and authorizes the publisher of the site to use it. The publisher undertakes never to communicate the content of these "Cookies" to third parties, except in the event of a legal requisition. The User can refuse the recording of "Cookies" or configure their browser to be warned before accepting "Cookies". To do this, the User will configure their browser: - For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies - For Safari: https://support.apple.com/fr-fr/ht1677 - For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on - For Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies - For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html
Article 13 - Method of placing orders and description of the purchasing process
The term "Basket" will be defined below as the intangible object grouping together all the goods or services selected by the user of the site for purchase by clicking on these objects. Once the Internet user considers that they have selected and added to their basket all the items they wish to purchase, they will have the option, to validate their order, to access their basket by clicking on the button provided for this purpose. They will then be redirected to a summary page on which they will be informed or will be informed of the number and characteristics of the products ordered, as well as their unit price. If they wish to validate their order, the Internet user must check the box relating to the ratification of these general conditions of sale and click on the validation button. The Internet user will then be redirected to a page in which they must fill in the order form fields. In this latter case, they will have to provide a certain amount of personal data concerning them, necessary for the proper processing of the order. Once the user has completed the form, they will be invited to make their payment using the payment methods listed in the section of these general conditions relating to payments. After a few moments, the user will receive an order confirmation email, reminding them of the contents of the order and its price. The products and items sold remain the property of the seller until full payment of their price, in accordance with this retention of title clause.
Article 14 - Payment Information
The Internet user can place an order on this site and can pay by credit card. Payments by credit card are made using secure transactions provided by an online payment platform provider. This site does not have access to any data relating to the user's payment methods. Payment is made directly to the bank or payment provider receiving the Customer's payment. In the event of payment by check or bank transfer, the delivery times defined in the article below only begin to run from the date of actual receipt of payment by the seller, the latter being able to provide proof of this by any means. The availability of products is indicated on the site, in the description sheet of each item.
Article 15 - Delivery or provision
Delivery costs will be indicated to the customer before any payment. The site has no geographical delivery limitations, orders can be shipped anywhere in the world. Unless otherwise stated on the site during the ordering process or in the description of the products ordered, the publisher undertakes to deliver the products within a maximum of 3 to 5 working days after receipt of the order. The buyer may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, product missing from the delivery note, damaged package, broken products, etc.); any anomaly must then be indicated by the buyer on the delivery note, in the form of handwritten reservations, accompanied by the buyer's signature. To exercise his right of refusal, the buyer must open the damaged or defective package(s) in the presence of the carrier and have him collect the damaged goods. If these requirements are not complied with, the buyer will not be able to exercise his right of refusal, and Rasson Cathy will not be obliged to grant the buyer's request to exercise his right of refusal. If the buyer's package is returned to the publisher by post, the publisher will contact the buyer upon receipt of the returned package to ask him what to do with his order. If the buyer has refused the package by mistake, he may request that it be resent by paying the postage for the new shipment in advance. Postage must be paid even for orders for which postage was free when the order was placed. In the event of an error in delivery or exchange (if the right of withdrawal is applicable according to Article 53 of Book VI of the Code of Economic Law), any product to be exchanged or refunded must be returned to Rasson Cathy in its entirety and in perfect condition. Any defect resulting from clumsiness or incorrect handling by the buyer cannot be attributed to Rasson Cathy. In accordance with Article 53 of Book VI of the Code of Economic Law, and if the right of withdrawal is applicable, the consumer has a period of 14 working days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, with the exception of return costs, within fourteen days from receipt by Rasson Cathy of the refund request. The product must be returned in perfect condition. If applicable, it must be accompanied by all its accessories. If the previous obligations are not fulfilled, the buyer will lose his right of withdrawal and the product will be returned to him at his expense. It is recommended that the buyer make the return using a solution that allows the package to be tracked. Otherwise, if the returned package does not reach Rasson Cathy, it will not be possible to launch an investigation with the postal services to ask them to locate it. The return costs in the event of withdrawal remain the responsibility of the buyer. After receipt and acceptance of the complaint, Rasson Cathy will communicate by email, fax or telephone to the buyer the terms of exchange or refund of the products. In order to correctly process the request, the customer is asked to attach a copy of the invoice to any complaint. The refund will be made by check or bank transfer. Any delay in delivery exceeding seven working days may result in the cancellation of the sale at the initiative of the consumer, upon written request from him by registered letter with acknowledgment of receipt. The consumer will then be reimbursed, within a maximum period of fourteen days, the sums he has incurred when ordering. This clause is not intended to apply if the delay in delivery is due to a case of force majeure. In such a case, the customer undertakes not to take legal action against the site and its publisher and waives the right to invoke the termination of the sale provided for in this article.
Article 16 - Warranty for products purchased on this site
All items purchased on this site benefit from the following legal guarantees, provided for by articles 1641 et seq. of the Civil Code;
Guarantee for all customers
The seller is required to deliver goods that conform to the contract and to be liable for any lack of conformity that exists during the delivery of the goods. The guarantee of conformity may be exercised if a defect should exist on the day the product is taken into possession, and the seller is liable for any lack of conformity that becomes visible within two years of this date.
If the defect appears within 6 months of this date, it is presumed to have been present from the time of delivery of the goods. However, after this 6-month period, it will be up to the customer to prove that the defect existed at the time of taking possession of the goods.
Guarantee of hidden defects
The customer may request the exercise of the hidden defects guarantee if the defects presented did not appear at the time of purchase, were prior to the purchase (and therefore not result from normal wear and tear of the product for example), and are sufficiently serious (the defect must either make the product unfit for the use for which it is intended, or reduce this use to such an extent that the buyer would not have purchased the product or would not have purchased it at such a price if he had known of the defect).
Complaints, requests for exchange or refund for a non-compliant product must be made by post or email to the addresses indicated in the legal notices of the site. The return shipping costs of the goods are the responsibility of the buyer.
In the event of non-conformity of a delivered product, it may be returned to the seller who will exchange it. If the product cannot be exchanged (obsolete product, out of stock, etc.), the buyer will be reimbursed by check or bank transfer for the amount of their order.
Article 17 - Archiving
Rasson Cathy will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 18 - Framework of conditions
If any provision of the Terms and Conditions is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Terms and Conditions and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions describe the entire agreement between the user and the website. They supersede all prior or contemporaneous agreements, whether written or oral. The Terms and Conditions are not assignable, transferable, or sublicensable by the user. A printed version of the Terms and Conditions and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the Terms and Conditions. The parties agree that all correspondence relating to these Terms and Conditions must be written in the French language.
Article 19 - Notifications
Any notification or notice concerning these general conditions, the legal notices or the personal data charter must be made in writing and must be delivered in person, by registered or certified mail, by post from a nationally recognized courier service which allows regular tracking of its packages, or by email to the addresses indicated in the legal notices of the site, specifying your surname, first name, contact details and the subject of the notice.
Article 20 - Complaints
Any claim related to the use of the website, the service offered on this site, or any other related service, the site's pages on possible social networks or the general conditions, legal notices or personal data charter must be filed within 365 days following the day on which the problem giving rise to the claim originated, regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within the following 365 days, such claim will be forever inapplicable in court.
Article 21 - Inaccuracies
It may be possible that, throughout the website and the services offered, and to a limited extent, there may be inaccuracies or errors, or information that is inconsistent with the general conditions, legal notices or the personal data charter. In addition, it is possible that unauthorized modifications may be made by third parties to the website or related services (social networks, etc.).
In such a situation, the user has the option of contacting the publisher of the site by post or by email at the addresses indicated in the legal notices of the site, with if possible a description of the error and the location (URL), as well as sufficient information to allow contact.
All rights reserved - January 7, 2019