GENERAL TERMS AND CONDITIONS
SALES




The present general conditions of sale (hereinafter the "General Conditions") apply to any purchase made by a visitor / natural person (hereinafter "customer") on the website with fabrics of the ALPILLES (hereinafter the "SITE") www.tissu-du-soleil.com - Vincent Richardot, sole proprietorship registered in the register of trade and companies Arles under number 45156479300045, having its registered office Maussane les Alpilles, France Tel : 04 90 93 08 49, email: etoffesdesalpilles1@orange.fr to (hereinafter the "seller").

IMPORTANT
Any order placed on the SITE necessarily implies the unreserved acceptance of the present general conditions of sale customer.


Section 1.     Definitions



In the present General Conditions, the following terms have the following meanings:

  • 'CUSTOMER '. : refers to the counterparty of the seller, which guarantees have the consumer quality as defined by the law and French jurisprudence. As such, it is expressly provided that this CLIENT is outside any usual or commercial activity.
  • 'DELIVERY' : refers to the first presentation of the products ordered by the customer to the delivery address indicated when ordering.
  • 'PRODUCTS '. : refers to the set of products available on SITE.
  • 'TERRITORY '. : means the Metropolitan FRANCE (excluding overseas).



Section 2.     Object



These General Conditions govern the sale by the seller in its reviews of products.

The CLIENT is clearly informed and recognizes that the SITE is aimed at consumers and professionals should contact the commercial vendor to take advantage of different contractual conditions


Article 3.     Acceptance of the terms and conditions



The customer agrees to carefully read these terms and conditions and accept them, before proceeding to the payment of an order for products on the SITE.

The present General Conditions are referenced at the bottom of each page of the SITE through a link, and should be consulted before placing the order. The customer is asked to read, download and print the General Conditions and keep a copy.

The seller advises the client to read the General Conditions to each new command, the latest such Conditions applying to any new product order.

By clicking on the first button to place the order and then on the second to confirm said order, the customer acknowledges having read, understood and accepted the terms and conditions without limitation or condition.

Article 4.     Purchasing products on the site



To buy a product, the customer must be at least 18 years of age and have the legal capacity or, if a minor, being able to justify the agreement of their legal representatives.

The CLIENT will be invited to provide information to identify it by completing the form available on the SITE. (*) Indicates mandatory fields that must be completed so that the customer's order to be processed by the seller. The customer can check the status of his order on the SITE. The monitoring of deliveries may, where appropriate, be carried out using tracking tools online for some carriers. The customer can also contact the commercial service of the seller at any time by e-mail at etoffesdesalpilles1@orange.fr, along in order to get information about the status of his order.

The information that the customer provides to the seller for an order must be complete, accurate and up-to-date. The seller reserves the right to request the customer to confirm, by any appropriate means, its identity, its eligibility and disclosure.

Article 5     Commands

         Section 5.1 characteristic of the goods



The seller strives to present as clearly as possible the main characteristics of products (on the fact sheets available on the SITE) and the compulsory information that the CLIENT must receive under the applicable law (in these terms).

The CLIENT undertakes to read this information carefully before placing an order on the SITE.

The seller reserves the right to modify the selection of products available on SITE, including the constraints linked to its suppliers.

Unless expressly stated otherwise on the SITE, all products sold by the seller are new and consistent with European legislation and standards applicable in France.

         Article 5.2.     Ordering procedure



PRODUCT orders are directly placed on the SITE. To perform a command, the CLIENT must follow the steps below (Please note, however, that, depending on the start page of the CLIENT, the steps may be slightly different).

                  5.2.1 selection of products and options



The CLIENT must select the product (s) of their choice by clicking on the product (s) concerned (s) and selecting the characteristics and the desired quantities. Once the product has been selected, the product is placed in the basket of the customer. The latter can then add to a shopping cart as many products as it wishes.

                  5.2.2 commands



Once the products selected and placed in a shopping cart, the customer must click on the basket and check that the contents of his order is correct. If the CLIENT has not yet done, he will then be prompted to login or register.

Once the CLIENT has validated the contents of the basket and that he will be identified / registered, will be displayed to its attention an automatically complete online form and summarizing the price, applicable taxes and, where applicable, delivery costs.

The CLIENT is asked to verify the contents of the order (including the quantity, characteristics and references of the products ordered, billing address, payment method and the price) before validating its content.

The CLIENT can then proceed to the payment of the products by following the instructions listed on the SITE and provide all the necessary information to the billing and the delivery of products. For products for which options are available, these specific references appear when the right options have been selected. Orders must include all information necessary for the proper treatment of the command.

The CLIENT must also select the shipping method chosen.

                  5.2.3 acknowledgement



Once all of the above steps are completed, a page appears on the SITE to acknowledge receipt of the customer's order. A copy of the acknowledgement of receipt of the order is automatically addressed to the CLIENT by e-mail, provided that the electronic address provided through the registration form is correct. .

The seller sends no confirmation of order by postal mail or fax.

                  5.2.4 billing



During the order process, the customer is required to enter the information required for billing (the sign (*) indicate required fields to be completed so that the customer's order to be processed by the seller).

The CLIENT must indicate clearly all information relating to delivery, in particular the exact delivery, as well as any address code access to the delivery address.

The CLIENT shall then specify the means of payment chosen.

Neither the purchase order the CLIENT establishes online nor the acknowledgement of receipt of the order the seller sends to the CLIENT by e-mail is an invoice. Whatever the mode command or payment, the customer will receive the original of the invoice to the delivery of products within the package.

         5.3 order date



The date of the order is the date to which the seller acknowledges receipt in the command line. The deadlines indicated on the SITE don't begin to run from that date.

         5.4 price



For all products, the CLIENT will find on the website of the prices posted in euros all inclusive of tax and delivery charges apply (depending on the weight of the parcel, excluding packaging and gifts, the address of delivery with the carrier or mode of transportation chosen).

Prices include, in particular, the tax on the value added (VAT) at the rate in force at the date of order. Any change in the applicable rate may impact the price of the products from the date of entry into force of the new rate.

The applicable VAT rate is expressed as a percentage of the value of the product sold.

Providers of vendor prices are subject to change. As a result, the prices listed on the SITE may change. They can also be modified in the case of offers or special sales.

The prices indicated are valid, except gross error. The applicable price is that indicated on the SITE at the date on which the order is placed by the customer.

         5.5. availability of products



Depending on the product concerned, vendor applies an inventory management "stretched flows". Therefore, as appropriate, the availability of the products depends on stocks of the seller.

The seller undertakes to honor the orders received provided that the products are available.

The unavailability of a product is normally indicated on the page of the product concerned. CUSTOMERS can also be informed of the replenishment of a product by the seller.

In any case, if the unavailability is not reported at the time of the order, the seller undertakes to inform the customer without delay if the product is unavailable.

The seller may, at the request of the CLIENT:
Either propose to ship all products at the same time as the products out of stock becomes available again.

Either make a partial shipment of the products available at first, and then shipping the rest of the command when other products are available, subject to clear information concerning the additional transportation costs which may be incurred,

Either offer an alternative product quality and equivalent price, accepted by the customer.

If the customer decides to cancel its order for products unavailable, he will receive reimbursement of all amounts paid for the unavailable products within thirty (30) days of payment.

Section 6.     Right of withdrawal



The terms of the right of withdrawal are provided in "withdrawal policy", available in policy Annex 1 the present and accessible at the bottom of every page on the SITE via a hyperlink.

Section 7.     Payment



         7.1 payment methods



The CLIENT can pay its products online on the SITE as the means proposed by the seller.

The Customer warrants to seller that it has all the permissions required to use the chosen payment method.

The seller will take all necessary measures to ensure the security and confidentiality of the data transmitted online through the online payment on the SITE.

It is this precise title that all payment information provided on the SITE are transmitted to the SITE store and are not treated on the SITE.

         7.2 date of payment



In case of single payment by credit card, the customer's account will be debited as soon as the order for products on the SITE.

In case of partial delivery, the total amount will be charged account of the CLIENT at the earliest when the first parcel will be shipped. If the customer decides to cancel its order for unavailable products, the refund will be in accordance with the last paragraph of section 5.5 of these terms and conditions.

         7.3 delay or refusal of payment



If the bank refuses to charge a card or other means of payment, the customer will need to contact the vendor customer Service in order to pay the order by any other means of valid payment.

In the event where, for whatever reason, opposition, refusal or other transmission of the flow of money owed by the customer if prove impossible, the order will be cancelled and automatically terminated sale.

Section 8.     Evidence and archiving



Any contract concluded with the CLIENT corresponding to an order for an amount greater than 120 Euro incl. VAT will be archived by the seller for a period of ten (10) years in accordance with article L. 134 - 2 of the code of consumption.

The seller agrees to archive this information to track transactions and produce a copy of the contract at the request of the CLIENT.

In case of dispute, the seller will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

Article 9     Transfer of ownership



The seller remains the owner of the products delivered until their complete payment by the customer.

The provisions above do not obstacle to the transfer to the customer at the time of receipt by him or by a third party designated by him other than the carrier, risk of loss or damage of the products subject to retention of title, as well as risks of damage they can cause.

Section 10.     Delivery



The terms of delivery of products are provided in the 'delivery policy' referred to in Annex 2 the present and accessible at the bottom of every page on the SITE via a hyperlink.

Section 11.     Packaging



PRODUCTS will be packaged in accordance with standards in force, in order to ensure maximum protection for products during delivery. CUSTOMERS undertake to comply with the same standards when they return products under the conditions laid down in annex 1 ' policy of withdrawal.

Section 12.     Guarantees



         12.1 warranty



The seller is obliged to deliver a consistent product that is clean use expected from a similar and corresponding to the description given on the website. This compliance also assumes that the product possesses the qualities a buyer may legitimately expect in the matter of the public statements made by the seller, including in advertisements and on labels

In this context, the seller is likely to respond the defects of conformity existing at the time of issue and the defects of conformity resulting from the packaging, mounting or installation instructions if it was made dependant, or was carried out under his responsibility.

The action resulting from the lack of conformity is prescribed by two (2) years from the issuance of the product.

In the event of lack of conformity, the CLIENT may request the replacement or repair of the product, at its option. However, if the cost of the CLIENT's choice is manifestly disproportionate with regard to the other option, given the value of the product or the magnitude of the failure, the seller may proceed with a refund, without following the option chosen by the CLIENT.

In the event or a repair or a replacement would be impossible, the seller agrees to return the product within 30 days upon receipt of the returned product and in Exchange for the return of the product by the customer to the following address Maussane les Alpilles.

Finally, the CLIENT is provided to provide proof of the existence of the lack of conformity of the product during the six (6) months following the delivery of the goods.

It is specified that this legal warranty of compliance applies irrespective of the consented commercial guarantee, where appropriate, on products.

         12.2 guarantee of hidden defects



The seller is bound to the warranty for hidden sold product defects that render it unfit for the use for which it is intended or which so impair that use that the customer would have not acquired it, or not in would have given a lesser price, if he had known.

This guarantee allows you to the customer who can prove the existence of a hidden defect to choose between reimbursement of the price of the product if it is returned and the reimbursement of part of its price, if the product is not returned.

In the event or a repair or a replacement would be impossible, the seller agrees to return the product within 30 days upon receipt of the returned product and in Exchange for the return of the product by the customer to the following address Maussane les Alpilles.

The action resulting from latent defects must be brought by the customer within a period of two (2) years from the discovery of the defect.

Article 13.     Responsibility



The seller's liability shall in no event be held liable in case of failure or improper performance of contractual obligations attributable to the CLIENT, particularly when his order entering.

SELLER shall not be liable for, or considered have failed to present, for any delay or failure to execute, when the cause of the delay or breach is linked to a case of force majeure as defined by the jurisprudence of the french courts.

It is also specified that the seller does not control web sites that are directly or indirectly linked to the SITE. Consequently, it excludes all liability in respect of the information that are published there. Links to third party web sites are provided for informational and no warranty is provided for their content.

Section 14.     Personal data



The seller collects on the SITE of personal data about its customers, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.

Data collected by the seller are used in order to process orders placed on the SITE, manage the customer's account, analyze orders and, if the customer has selected this option, send him letters of canvassing, newsletters, promotional offers or information on any special sales, unless the CLIENT elects to receive such communications on the part of the seller.

The customer data are kept confidentially by the seller in accordance with its declaration made to the CNIL, for the purposes of the contract, its execution and in respect for the law.

CUSTOMERS can at any time unsubscribe by accessing their account or by clicking on the hyperlink provided down what each offer received by electronic mail.

The data can be communicated, in whole or part, to service providers of the vendor involved in the ordering process. Commercial purposes, the seller may transfer its business partners the names and contact information for its customers, provided that they have given their prior consent during registration on the website.

VENDOR will specifically ask customers whether they want their personal data is disclosed. CUSTOMERS will be able to change your mind at any time on the website or by contacting the seller.

The seller may also ask guests if they wish to receive commercial solicitation of partners.

In accordance with Act n ° 78-17 of 6 January 1978 on computer files and freedoms, the customer has a right of access, rectification, opposition (for legitimate reasons) and deletion of his personal data. He can exercise this right by sending an e-mail to the address: etoffesdesalpilles1@orange.fr or by sending an e-mail to Maussane les Alpilles.

It is specified that the CLIENT must be able to prove his identity, either by scanning a proof of identity, either by sending a photocopy of his identity card to the seller.

Section 15.     Claims



VENDOR provides the customer a "Service telephone Client" at the following number: 04 90 93 08 49 (number).

Any written claim of the CLIENT must be sent to the following address: Maussane les Alpilles.

Section 16.     Intellectual property



All Visual and sound of the website, including the underlying technology used, are protected by copyright, law trademarks or patents.

These elements are the exclusive property of the seller. Anyone who edits a web site and wish to create a direct hyperlink to the SITE must seek permission from the seller in writing.

This authorization of the seller will be in no case granted permanently. This link must be removed at the request of the seller. The hypertext links to the SITE that use techniques such as framing (framing) or integration through hyperlinks (in-line linking) are strictly prohibited.

Article 17.     Validity of the General Conditions



Any change in legislation or regulations in force, or any decision of a competent tribunal which would invalidate one or more clauses of these terms and conditions shall not affect the validity of these terms and conditions. Such a change or decision does allow any customers to ignore these terms.

All expressly untreated conditions herein shall be governed in accordance with the use of the trade sector to individuals, for companies whose head office is located in France.

Section 18.     Modification of the General Conditions



These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.

The General Conditions are dated precisely and can be modified and updated by the seller at any time. The applicable General Conditions are those in force at the time of the command.

Changes to the General Conditions apply to products already purchased.

Section 19.     Jurisdiction and applicable law



The present General Conditions as well as the relations between the CLIENT and the seller are governed by french law.

In case of dispute, the french courts shall have jurisdiction.

However, prior to any use of referees judge or State, will be privileged negotiating in a spirit of loyalty and good faith to reach an amicable settlement upon the occurrence of any dispute relating to this contract, including bearing on its validity.

The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the conflict. If at the end of a period of fifteen (15) days, the parties were unable to agree, the dispute will be submitted to the following designated competent court.

Throughout the process of negotiation and, until its end, the parties shall refrain from exercising any legal action one against the other and for the purpose of negotiating conflict. By way of exception, parties are permitted to enter the jurisdiction of the Court or seek the pronouncement of an order on the application. Possible action the Court for interim relief or the implementation of a procedure on application does on the part of the parties no waiver the amicable settlement clause, except Express contrary desire.


ANNEX 1

WITHDRAWAL POLICY



Principle of withdrawal

The customer has in principle the right to return or to return the product to the seller or a person designated by the latter, without undue delay, and no later than fourteen (14) days of the communication of its decision to withdraw from the contract unless the seller offers to recover himself the product.

Cooling-off period

The withdrawal period shall expire fourteen (14) calendar days after the day where the customer or a third party other than the carrier designated by the customer, physically takes possession of the product.

In the case where the CLIENT could have ordered several products via a single command giving rise to multiple shipments (or in the case of an order of a single product delivered in several lots), the cooling-off period will expire fourteen (14) calendar days after the day where the customer or a third party other than the carrier designated by the customer, physically takes possession of the final product delivered.

Notification of the right of withdrawal

To exercise his right of withdrawal, the customer must notify its decision to withdraw from the contract by means of a statement devoid of ambiguity to: Maussane les Alpilles or etoffesdesalpilles1@orange.fr.

It can also use the form below:

WITHDRAWAL FORM
The attention of [*] (* contact information of the seller)

SELLER phone number: *
VENDOR fax number *:
Vendor e-mail address *:

I am notifying you hereby my withdrawal from the contract on the sale of the product below:

The product reference
Invoice No.:
Order No.:
-Controlled [_] / received the [_]
-Means of payment:
-Name of CLIENT and where applicable of the recipient of the command:
-Address of the CLIENT:
-Delivery address:
-Signature du CLIENT (except in cases of transmission by e-mail)
-Date



The withdrawal period is respected, the CLIENT must transmit its communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

Effects of withdrawal

In the event of withdrawal on the part of the customer, the seller undertakes to reimburse all sums paid, including shipping without undue delay and, in any case, no later than fourteen (14) days from the day where the seller is notified of the willingness of the customer to retract.

VENDOR will proceed to the refund using the same means of payment than the one that the CLIENT will be used for the initial transaction, unless the customer agrees expressly a different way, in any case, this rebate will not result in no charge to the customer.

The seller may defer repayment until receipt of the goods until the customer has provided proof of shipment of the property, whichever is the first of these facts.

Terms of return

The customer shall, without undue delay and, in any case, no later than fourteen (14) days after communication of its decision to withdraw from the contract, return the product to: Maussane les Alpilles.

This deadline is deemed met if the CLIENT returns the property before the expiry of the period of fourteen days.

Return costs

The CLIENT will take in charge the direct costs of returning of the property.

State of the well returned

The product must be returned following the instructions of the seller and have including all accessories included.

The customer's responsibility is engaged only in respect of the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and the proper functioning of this product. In other words, the CLIENT has the possibility to test the product but its could be held liable if it makes other than those which are necessary manipulations.

Packaging

The products are packed in accordance with standards in force, in order to ensure maximum protection for products during delivery. CLIENTS must meet the same standards when they return products. As such the CLIENT is asked to return the product does not suit him in its original packaging and in good condition, clean to re-marketing.

Exclusions from the right of withdrawal

The right of withdrawal is excluded in the following assumptions:

  • Supply of goods or services whose price depends on fluctuations in the financial market
  • Provision of goods made according to the specifications of the customer or clearly personalized
  • Provision of goods liable to deteriorate or expire rapidly
  • Supply of audio or video recordings or sealed software which were unsealed after delivery
  • Newspaper, periodical, magazine (except subscription contract)
  • Provision of accommodation other than for residential purposes, transportation of goods, rental cars, food or services related to leisure activities if the offer provides a date or a period of specific performance
  • Provision of goods which by their nature are mixed inseparably with other items
  • Supplies of goods sealed cannot be returned for reasons of protection of health or hygiene and were unsealed by the customer after delivery
  • the provision of alcoholic beverages the price agreed at the time of the conclusion of the contract of sale, delivery may be carried out only after 30 days and depends in the real value of fluctuation in the market beyond the control of the seller
  • Supply not supplied if dematerialized digital content execution began with the prior consent of the consumer, which also acknowledged that he will thus lose his right of withdrawal
  • contracts concluded at a public auction



ANNEX 2

DELIVERY POLICY



Delivery area

The proposed products cannot be delivered in the territory.

It is impossible to place an order for delivery outside this territory any address.

PRODUCTS are shipped in (to the) the address (s) of delivery that the customer specified aura (s) during the ordering process.

Shipping time

The deadlines for preparing a command then the invoice, before shipment of the products in stock are mentioned on the SITE. These time frames are exclusive of weekends or holidays.

An e-mail message will be automatically sent to the customer at the time of shipment of the products, provided that the e-mail address in the registration form is correct.

Deadlines & shipping costs

During the order process, the seller instructs the CLIENT on time and shipping options for the products purchased.

Shipping costs are calculated based on the shipping method. The amount of these costs will be due by the CLIENT in addition to the price of the products purchased.

Details of deadlines and shipping is detailed on the SITE.

Terms of delivery

The parcel will be delivered to the CLIENT against signature and upon presentation of proof of identity.

Absent, a notice will be left to the CLIENT, in order to go pick up his parcel in its post office.

DELIVERY problems

The customer is informed of the delivery date fixed at the time where he chooses the carrier, at the end of the online ordering procedure, before confirming the order.

It is specified that deliveries will be made within thirty (30) days maximum. Otherwise, the CLIENT must require the seller to deliver within a reasonable time and in case of non-delivery within this period, it may terminate the contract.

The seller will refund, without delay excessive from the receipt of the letter of termination to the CLIENT the total amount paid for the products, taxes and shipping included, via the same payment method as that used by the CLIENT to buy the products.

The seller is liable to the delivery of the product to the customer. It is recalled that the customer has a period of three (3) days to notify the carrier damage or partial losses incurred upon delivery.