Last update date: 03/03/2023
Article 1 - LEGAL NOTICE
This site, accessible at the URL www.fauna-protect.com (the "Site"), is published by :
Mountplane, a company with share capital of 1000 euros, registered with the BOBIGNY Trade and Companies Register under number 884 330 085, having its registered office at 59 rue de Ponthieu, bureau 562, 75008 Paris, represented by Maori Dechaine, duly authorized,
(hereinafter referred to as the "Operator").
The Operator's individual VAT number is: FR12884330085.
The Site is hosted by Shopify, located at 150 rue Elgin, Suite 800, Ottawa, Ontario K2P 1L4, Canada, (telephone: 0187447251).
The Site's Publishing Director is Maori Dechaine.
The Operator can be reached by e-mail at email@example.com.
Article 2 - GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
The general conditions of sale (the "General Conditions of Sale", or the "GCS") apply exclusively to the online sale of products offered by the Operator on the Website.
The GSC are made available to customers on the Site, where they can be consulted directly, and can also be communicated to them on request by any means.
By checking a box or clicking on the button provided for this purpose, the customer acknowledges that he/she has read and accepted them before placing an order. Validation of the order by its confirmation implies acceptance by the purchaser of the GCS in force on the day of the order, which are kept and reproduced by the Operator.
Article 3 - Description of products
The Site is an online sales site for costume jewelry in the form of animal bracelets (hereinafter the "Product(s)") open to any individual or legal entity using the Site (the "Customer").
The Products presented on the Site are each the subject of a description mentioning their essential characteristics. The Products comply with the requirements of current French law.
The Customer remains responsible for the modalities and consequences of his access to the Site, in particular via the Internet. Such access may involve the payment of fees to technical service providers such as Internet access providers, which remain the responsibility of the Customer. In addition, the Customer must provide and be fully responsible for the equipment required to connect to the Site.
The Customer acknowledges that he/she has checked that the computer configuration he/she is using is secure and in working order.
Article 4 - Orders
The Operator endeavours to guarantee optimum availability of its Products. Product offers are subject to availability.
If, despite the best efforts of the Operator, a Product proves to be unavailable subsequent to the Customer's order, the Operator will inform the Customer by email as soon as possible and the Customer will have the choice between :
delivery of a Product of equivalent quality and price to that initially ordered, or reimbursement of the price of the Product plus delivery costs, within fourteen (14) days of the date on which the Operator is informed of the consumer's decision to withdraw.
It is agreed that apart from reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not liable for any cancellation indemnity, unless the non-performance of the contract is personally attributable to the Operator.
With the exception of any mention to the contrary in these General Terms and Conditions, and without prejudice to the right of withdrawal provided for by applicable law, the Customer's orders are firm and final.
When placing an order, the Customer must select the Products chosen and add them to his/her basket, indicating the Products selected and the quantities desired. The Customer may check the details of his order and its total price, and return to the previous pages to correct the contents of his basket if necessary, before validating it.
The Customer undertakes to read the General Terms and Conditions of Sale in force at the time before accepting them, and to confirm the terms and conditions and any delivery and withdrawal charges prior to payment of the order. Confirmation of the order implies acceptance of the GCS and constitutes the contract.
A copy of these General Terms and Conditions, as accepted by the Customer, will be sent to the Customer by e-mail at the time of Order confirmation, so that the Customer may refer to them.
Contractual information relating to the order (including the order number) will be confirmed by e-mail in due course, and at the latest at the time of delivery. The Operator strongly advises the customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is available to the customer in the "my account" area. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.
Any e-mail sent to the customer in connection with an order will be sent to the e-mail address used by the customer to log on to the customer area.
The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that :
The customer does not comply with the General Terms and Conditions in force at the time of ordering;
The customer's order history shows that there are outstanding sums from previous orders;
One of the Customer's previous orders is the subject of a dispute currently being processed;
The customer has not responded to an order confirmation request sent by the Operator.
The Operator archives contracts for the sale of Products in accordance with applicable legislation. By sending a request to the following address firstname.lastname@example.org, the Operator will provide the Customer with a copy of the contract which is the subject of the request.
Any modification of the order by the Customer after confirmation of the order is subject to the agreement of the Operator.
The information provided by the customer when placing the order (in particular name and delivery address) is binding. The Operator cannot be held responsible in the event that an error in placing the order prevents or delays delivery.
The Customer declares that he/she has full legal capacity to enter into the present General Terms and Conditions.
The sale is open to adults with legal capacity and to minors under the condition that they are under the supervision of a parent or guardian with parental authority. Under no circumstances is registration authorized on behalf of a third party unless the third party is validly authorized to represent it (e.g. a legal entity). Registration is strictly personal to each Customer.
In the event of a breach by the Customer of any of the provisions herein, the Operator reserves the right to terminate the Customer's account without notice.
Article 5 - PAYMENT TERMS AND SECURITY
The Customer expressly acknowledges that any order placed on the Site is an order subject to payment, which requires the payment of a price in exchange for the supply of the Product ordered.
In any event, the Operator reserves the right to check the validity of the payment, before dispatching the order, by any means necessary.
The Operator uses Stripe and Paypal online payment solutions.
Orders can be paid for using one of the following payment methods:
Payment by credit card. Payment is made directly to the secure bank servers of the Operator's bank, and the customer's bank details do not pass through the site. Bank details communicated at the time of payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties.
The Customer's order is registered and validated as soon as the bank accepts the payment.
The Customer's account will only be debited for the corresponding amount once (i) the credit card details have been verified and (ii) the debit has been accepted by the bank that issued the credit card.
Failure to debit the amounts due will result in the immediate nullity of the sale.
In particular, the bank card may be refused if it has expired, if it has reached the maximum spending amount to which the Customer is entitled, or if the data entered is incorrect.
Payment by electronic wallet (Paypal type). The Customer already has an account on the e-wallet used by the Operator. The customer can use this account to pay for his order in complete security, without having to communicate his bank details.
In this case, the order validated by the Customer will only be considered effective once the secure bank payment center has given its agreement to the transaction.
As part of its control procedures, the Operator may ask the customer to provide all the documents required to finalize the order. These documents will not be used for any other purpose.
Article 6 - PRICE PAYMENT
The price of the Products in force at the time of the order is indicated in euros, all taxes included (VAT included), excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to all orders placed during the promotional advertising period.
The price is payable in euros (€) only. The price is payable in full once the order has been confirmed. The prices quoted include any discounts and rebates that the Operator may grant.
If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before the order is validated by the Customer. The total amount due by the Customer and its details are indicated on the order confirmation page.
Article 7 - FORMATION OF THE CONTRACT
The contract between the Operator and the Customer is formed when the Customer sends confirmation of his order.
The customer's attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places his/her order, he/she must confirm it using the "double-click" technique, i.e. after selecting the Products added to the basket, the Customer must check and, if necessary, correct the contents of his/her basket (identification, quantity of Products selected, price, delivery terms and charges) before validating it by clicking on "validate my basket", then he/she acknowledges acceptance of these GTS before clicking on the "pay order" button, and finally he/she validates his/her order after filling in his/her bank details. The "double click" constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes irrevocable and unreserved acceptance of the order by the Customer.
Communications, order forms and invoices are archived by the Operator on a reliable and durable medium so as to constitute a true and durable copy. These communications, order forms and invoices may be produced as proof of the contract. In the absence of proof to the contrary, the data recorded by the Operator on the Internet or by telephone constitute proof of all transactions between the Operator and its Customers.
The order may be cancelled by the Customer by registered letter with acknowledgement of receipt, or in writing on another durable medium, in the event of :
delivery of a Product that does not conform to the declared characteristics of the Product ;
delivery beyond the deadline set out in the order form or, in the absence of such a deadline, within thirty (30) days of the conclusion of the contract, after the Operator has been requested, in the same way and without result, to make delivery within a reasonable additional period;
a price increase that is not justified by a technical modification of the product imposed by public authorities.
In all such cases, the customer may demand reimbursement of the deposit paid, plus interest calculated at the legal rate from the date of receipt of the deposit.
The order may be cancelled by the Operator in the event of :
refusal by the purchaser to take delivery ;
non-payment of the price (or the balance of the price) at the time of delivery.
Article 8 - RESERVATION OF PROPERTY
The Operator remains the exclusive owner of the Products ordered on the Site until full payment has been received, including any shipping costs.
Article 9 - SHIPPING AND DELIVERY
The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas.
Delivery means the transfer to the Customer of physical possession or control of the Product.
The Operator offers the following delivery method: Tracked green letter.
Shipping costs are those specified when the order is finalized and are accepted when the order is validated.
The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum period of thirty (30) days after receipt of the order.
Delivery times are announced in working days on the Site when the order is placed. These times include the preparation and dispatch of the order, as well as the time allowed by the carrier.
The Operator undertakes to dispatch the Products in accordance with the delivery times announced on each Product sheet and in the shopping basket, provided that payment for the order has not previously been refused.
However, if one or more Products cannot be delivered within the initially announced timeframe, the Operator will send an e-mail indicating the new delivery date to the Customer.
Products will be delivered to the address indicated by the Customer at the time of ordering. It is the customer's responsibility to check that this address contains no errors. The Operator cannot be held responsible if the address given by the Customer is incorrect, thus preventing or delaying delivery.
On delivery, it is the Customer's responsibility to check that the Products delivered conform to the order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery note. No claim concerning the quantity or condition of the Product will be accepted if the claim has not been noted on the delivery slip.
Article 10 - RIGHT OF WITHDRAWAL
If a delivered Product does not meet with the Customer's complete satisfaction, the Customer may return it to the Operator. The Customer will have thirty (30) days to do so from the date of receipt of the order.
In accordance with article L.221-21 of the French Consumer Code, and in order to exercise this right of withdrawal under the conditions of articles L. 221-18 et seq. of the French Consumer Code, the Customer is invited to contact us by e-mail at email@example.com.
The Operator will acknowledge receipt of the Customer's withdrawal request by e-mail.
Where applicable, the Customer may exercise his right of withdrawal by notifying the following information to the Operator:
name, address, telephone number and e-mail address ;
decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail, where these details are available and therefore appear on the standard withdrawal form). The Customer may use the model retraction form, but this is not obligatory.
The cost of returning the goods is borne by the Customer, unless the goods cannot normally be returned by post, in which case the Operator will collect the goods at its own expense.
The exceptions of article L.221-28 of the French Consumer Code apply and prevent the exercise of the right of withdrawal, in particular if the order consists of a contract :
for the supply of services fully executed before the end of the withdrawal period and whose execution has begun after prior express agreement by the consumer and express renunciation of his right of withdrawal ;
the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
the supply of goods made to the consumer's specifications or clearly personalized;
the supply of goods likely to deteriorate or expire rapidly;
the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
the supply of alcoholic beverages whose delivery is deferred beyond thirty (30) days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the control of the professional;
maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
supply of audio or video recordings or computer software when unsealed by the consumer after delivery;
the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
concluded at a public auction;
the provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which are to be provided on a specific date or at a specific time;
the supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.
The Product must be returned in its original packaging, in perfect condition, fit for resale, unused and with all accessories.
In addition to the returned Product, the return package must also contain a letter specifying the Customer's full and exact contact details (surname, first name, address), the order number and the original purchase invoice.
The Operator will reimburse the Customer for the amount of the Product as well as the delivery costs within fourteen (14) days of receipt of the returned Product and all the elements required to implement the Customer's reimbursement. This refund may be made by the same means of payment as that used for the Customer. In this respect, Customers who have paid for their order in the form of credit notes / gift vouchers may be reimbursed by credit notes / gift vouchers at the discretion of the Operator.
By accepting these General Terms and Conditions of Sale, the Customer expressly acknowledges that he/she has been informed of the cancellation procedure.
Article 11 - CUSTOMER SERVICE
The Customer may contact the Operator :
by email to firstname.lastname@example.org, indicating the customer's name, telephone number, the subject of the request and the number of the order concerned.
Article 12 - INTELLECTUAL PROPERTY AND SITE USE LICENSE
The Operator is the sole owner of all elements present on the Site, in particular and without limitation, all texts, files, images animated or not, photographs, videos, logos, drawings, models, software, trademarks, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the "Elements") which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Site Elements, in whole or in part, may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or in return for payment, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the prior express written authorization of the Operator on a case-by-case basis, and the Customer shall be solely liable for any unauthorized use and/or exploitation.
The Operator reserves the right to take legal action against any person who fails to comply with the prohibitions contained in this article.
ARTICLE 13 - RESPONSIBILITY AND WARRANTY
The Operator may not be held liable for non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts, or due to the unforeseeable and insurmountable act of any third party to the present contract.
The Customer acknowledges that the characteristics and constraints of the Internet make it impossible to guarantee the security, availability and integrity of data transmissions over the Internet. Accordingly, the Operator does not guarantee that the Site and its services will operate without interruption or error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change their content and/or presentation.
The Operator may not be held liable for any use of the Site and its services by Customers in breach of these General Terms and Conditions, nor for any direct or indirect damage that such use may cause to a Customer or a third party. In particular, the Operator may not be held liable for false declarations made by a Customer or for his or her behaviour towards third parties. In the event of the Operator being held liable for such conduct on the part of one of its Customers, the latter undertakes to indemnify the Operator against any judgment against it, and to reimburse the Operator for all costs incurred in its defense, in particular legal fees.
Independently of any additional contractual warranty (commercial warranty) that may be granted, the Products benefit from the legal warranty of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code (in particular L. 217-4 to L. 217-14 of the French Consumer Code), and the warranty for hidden defects provided for in articles 1641 to 1649 of the French Civil Code.
When acting under the legal warranty of conformity :
you have a period of two (2) years from delivery of the goods to take action:
you may choose between repairing or replacing the good, subject to the cost conditions set out in article L. 217-9 of the French Consumer Code;
you do not have to prove the existence of a lack of conformity for a period of twenty-four (24) months following delivery of the goods (except for second-hand goods).
You may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, you may choose between rescinding the sale or reducing the purchase price in accordance with article 1644 of the French Civil Code.
Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the French Consumer Code, articles 1641, 1644 and the first paragraph of article 1648 of the French Civil Code, as in force on the date of these General Sales Conditions:
Art. L.217-4 of the French Consumer Code:
"The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility."
Art. L.217-5 of the French Consumer Code:
"The good conforms to the contract:
1° If it is fit for the purpose usually expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model ;
- if it has the qualities that a buyer may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter."
Art. L.217-7 of the French Consumer Code:
"Defects of conformity which appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is six months.
The seller may rebut this presumption if it is not compatible with the nature of the good or the lack of conformity claimed."
Art. L.217-9 of the French Consumer Code:
"In the event of a lack of conformity, the buyer may choose between repair and replacement. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other option, given the value of the good or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer".
Art. L.217-12 of the French Consumer Code:
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the good."
Art. 1641 of the French Civil Code:
"The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which so diminish that use that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Art. 1644 of the French Civil Code:
"In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned to him, or keeping the thing and having part of the price returned to him."
Art. 1648 paragraph 1 of the French Civil Code:
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect."
Please note that the search for amicable solutions prior to any legal action does not interrupt the legal warranty periods or the duration of any contractual warranty.
ARTICLE 14 - AFTER-SALES SERVICE
After-sales services provided by the Operator and not covered by the commercial warranty are covered by a contract, a copy of which is given to the customer.
Warranty claims should be addressed to the after-sales service department at the following address:
e-mail address: email@example.com
postal address: 59 rue de Ponthieu, bureau 562, 75008 Paris.
Products covered by the warranties must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service.
The customer will be reimbursed for return postage costs within thirty (30) days of receipt of the product by the Operator.
ARTICLE 15 - PERSONAL DATA
Article 16 - HYPERTEXT LINKS
The hypertext links available on the Site may lead to third-party sites not published by the Operator. They are provided solely for the Customer's convenience, in order to facilitate use of the resources available on the Internet. If the Customer uses these links, he/she will leave the Site and agree to use the third-party sites at his/her own risk or, where applicable, in accordance with the conditions governing them.
The Customer acknowledges that the Operator neither controls nor contributes in any way to the development of the conditions of use and/or the content applying to or appearing on these third-party sites.
Consequently, the Operator cannot be held responsible in any way whatsoever for these hypertext links.
The Site may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by the Operator.
The Operator invites the Customer to inform the Operator of any hypertext link present on the Site that would allow access to a third-party site offering content contrary to the law and/or morality.
The Customer may not use and/or insert a hypertext link to the Site without the prior written consent of the Operator on a case-by-case basis.
ARTICLE 17 - REFERENCES
The Customer authorizes the Operator to mention the Customer's name and logo as a reference in its communication media (brochure, website, sales proposal, press relations, press release, press kit, internal communication, etc.).
ARTICLE 18 - GENERAL PROVISIONS
ENTIRE AGREEMENT OF THE PARTIES
These General Terms and Conditions constitute a contract governing relations between the Customer and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their subject matter. Should one or more stipulations of the present General Terms and Conditions be declared null and void in application of a law, regulation or following a final decision by a competent court, the other stipulations shall retain all their force and scope. In addition, the fact that one of the parties to these General Terms and Conditions does not invoke a breach by the other party of any of the provisions of these General Terms and Conditions shall not be construed as a waiver on its part to invoke such a breach in the future.
CHANGES IN CONDITIONS
The Operator reserves the right to modify at any time and without notice the content of the Site or the services available on it, and/or to cease temporarily or permanently to operate all or part of the Site.
In addition, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as the present General Conditions. The Customer must therefore refer to these General Conditions before using the Site.
The Customer acknowledges that the Operator may not be held liable in any way whatsoever to the Customer or to any third party as a result of such modifications, suspensions or cessations.
The Operator advises the Customer to save and/or print these General Terms and Conditions for safe and durable storage, and to be able to invoke them at any time during the performance of the contract if necessary.
RECLAMATION - MEDIATION
In the event of a dispute, you should first contact the company's customer service department at the following address: firstname.lastname@example.org.
In the event of failure to submit a claim to the customer service department, or in the absence of a response from this department within ten (10) days, the Customer may submit the dispute relating to the order form or these GCS opposing him to the Operator to the following mediator: CM2C, 14 Rue Saint-Jean, 75017 Paris, 06 09 20 48 86 by e-mail to email@example.com or by post to 49 Rue de Ponthieu, 75008 Paris.
The mediator will attempt, independently and impartially, to bring the parties together in order to reach an amicable solution. The parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
These General Terms and Conditions are governed, interpreted and applied in accordance with French law.
ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE CUSTOMER
The Customer acknowledges having carefully read these General Terms and Conditions.
By registering on the Site, the Customer confirms that he/she has read the General Terms and Conditions and accepts them, thereby becoming contractually bound by the terms of these General Terms and Conditions.
The General Terms and Conditions applicable to the Customer are those available on the date of the order, a copy of which dated to that date may be given to the Customer on request. It is therefore specified that any modification of the General Terms and Conditions made by the Operator will not apply to any order placed previously, unless expressly agreed by the Customer at the origin of a given order.