General terms and conditions of sale
You are currently connected to one of the sites administered by OMBRES ET FACETTES. The purpose of this document is to inform you about OMBRES ET FACETTES and its general conditions of online sale (Contractual Conditions).
You must read the following provisions carefully, as they constitute an electronic contract that establishes the general conditions of sale of the electronic store of OMBRES ET FACETTES.
The “Double-click” that you will execute after having filled in your order form constitutes the validation of this one and will be worth irrevocable acceptance of the present Contractual Conditions when your order will have been validated.
Accordingly, you may only order products and/or services if you agree to all the terms and conditions set forth below.
The Internet user (natural person with the capacity to contract) and are hereinafter referred to as “the parties”, and individually as “the party”.
In this Agreement, each of the terms mentioned below shall have the meaning given to it by its definition, namely:
– the company”: SHADOWS AND FACTS
– Remote contract”: any contract concerning the ordering of products and/or services concluded between the company (*) and a client (*) within the framework of a remote sales or service provision system organized by the company (*) which, for this contract, uses exclusively the Internet network until the conclusion of the contract, including the conclusion of the contract itself.
– Customer” means any natural person who, in this Agreement, is acting as an individual or as a representative of a legal entity and who has the right to contract.
– Order form”: document which indicates the characteristics of the products ordered by the customer (*) and which must be signed by him by “double click” (*) to engage him.
– Order”: act by which the customer commits to purchase products and/or services and the company (*) to deliver them and/or provide them to him.
– Product” means a good sold or service provided by the company.
– double click”: reiteration of the validation of the Purchase Order by the customer. An order form filled and validated once is never taken into account without the confirmation of the customer. This confirmation can be done through a checkbox accepting the Contractual Conditions, or through a message confirming the order.
– SHADOWS AND FACETS
– Capital 10000 euros
– Siren :538 608 167 Code APE 274 OZ
– Intracommunity VAT number: FR65538608167
– Rate: 20%.
– Address:10 rue de l’industrie 41220 SAINT LAURENT NOUAN
– Email address: [email protected]
The present contract is an electronic distance selling contract whose purpose is to define the rights and obligations of the parties within the framework of the sale of products proposed by OMBRES ET FACETTES. In this sense, it complies with the French regulations in force, namely :
– Law 2004-575 called Law for confidence in the digital economy.
– Law 2008-3 of January 3, 2008 for the development of competition in the service of consumers.
– Recommendation n°07-02 of the Commission des clauses abusives, relating to contracts of sale of movable property concluded by Internet
It also complies with the OECD recommendations in the area of electronic commerce.
Protection of minors
Our company attaches particular importance to the protection of minors in the context of its online business activities. Although minors can act alone in cases where the law or usage authorizes them to act alone (art. 389-3 c. civ.), and this in particular for purchases of low value, it seems essential to us to try by any means to verify that the customer has the power to contract.
To this end, it is possible that we ask any customer placing an order on our site to prove his capacity to contract, in compliance with the obligations related to the modified Law 78-17.
In the event that a purchase is made by a person who does not have the legal capacity to contract, we advise the legal representatives of the latter to rescind (cancel) the sale under Article 1305 of the Civil Code.
The products offered by OMBRES ET FACETTES are presented on the sites in French language. Any national of the European Community and of the countries respecting the directive 95/46/CE cannot claim his linguistic ignorance as a clause of cancellation of the contract.
The products offered for direct sale by OMBRES ET FACETTES are those which appear on the site www.ombresetfacettes.com, on the day of the consultation of the aforementioned site by the Net surfer, and within the limit of stocks available.
The illustrations presented on the site are the reflection of the products on sale on this one, except in the limiting cases inherent to the technical characteristics of the Internet (resolution and colors of the screen of the Internet user ….).
Due to the specificity of the Internet network, the company does not guarantee the availability of all products on its site in real time. In the event of temporary or permanent unavailability of one of the products, the company will inform the Internet users by means of its site or by sending an e-mail to a valid e-mail address provided by the customer. The company will then propose to you the replacement of the ordered product by an equivalent product (quality and price), or a credit note, or to exercise your right of resolution (cancellation of your order).
The prices of the products can be modified at any time by the company, with the exception of any sale of a product concluded for the price displayed on www.ombresetfacettes.com.
In case of obvious typographical error, leading to the display of a “low price”, the sale may be cancelled, as mentioned in the article “Execution of the order”.
The prices mentioned are in Euros (€), presented TTC in the order form, and include the expenses related to the treatment of the orders.
Delivery charges are at the customer’s expense, unless otherwise stipulated during the ordering process. The different delivery options (with their prices), are presented during the ordering process and specified during the summary of it.
The payment of the totality of the price must be made at the latest with the collection of the products, except contrary provision specified during the process of order and mentioned on the invoice.
In the event of a delivery of products outside the French territory, customs taxes and formalities are the exclusive responsibility of the Customer, unless otherwise specified. The Customer undertakes to check the possibilities of importing the ordered products in the territory of the country of delivery.
Order and Payment
Any order form signed by the Customer by “double click” constitutes an irrevocable acceptance which can be called into question only in the cases restrictively provided for in the present contract in the articles “Right of withdrawal” and “Execution of the order”. Any agreement to a quote sent by email to the customer, and returned to OMBRES ET FACETTES with an explicit agreement also constitutes an irrevocable acceptance.
The ordering process complies with the provisions of Article 1369-5 of the Civil Code.
– Any Internet user wishing to validate his or her order must identify himself or herself by filling out the appropriate form provided on www.ombresetfacettes.com. This identification is done in strict compliance with the modified Law 78-17 as indicated in our “Data Protection” section.
– After having checked the content of his order, as well as the total cost of this one (ordered products, shipping costs, possible eco-participation, optional options), and corrected possible errors, the Internet user will confirm it definitively. This confirmation will be considered as the conclusion of the contract.
– The contractual information will be the subject of a confirmation e-mail sent to the customer at the latest at the end of the withdrawal period and subject to the provision, by the customer of a valid e-mail address, not subject to any restriction of use (professional e-mail address for example). In this case, the company cannot be held responsible for sending contractual and/or advertising information to a restricted e-mail address.
To pay for his order, the Customer has at his choice, all the payment methods referred to the ordering process and presented on the site of the company. He guarantees the company that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order.
In the case of a payment by credit card, it will have to transmit its number of bank card, according to the type of this last one, the expiry date of this one as well as the number cryptogram (number with 3 digits appearing on the back of the bank card).OMBRES ET FACETTES guarantees that the payment is made safe by encoding S.S.L. (Secure Socket Layer) so as to protect all the data related to the means of payment as effectively as possible. The company guarantees that the means and services of cryptology used to secure the transactions were the subject of an authorization or a declaration in application of the legislation in force.
In the event of payment by card, the provisions relating to the fraudulent use of the means of payment provided for in the agreements concluded between the Client and the card issuer and between the company and its banking establishments shall apply, in accordance with Article 132-4 of the French Monetary and Financial Code.
If the only method of payment is a payment by credit card, the final validation of the order occurs upon full payment (except special provisions) of it.
OMBRES ET FACETTES sells without delivery. The customers are solely responsible for the shipment of goods.
Incomplete or non-conforming delivery (due to the carrier)
The package may be damaged or its contents may have been partially or totally stolen.
If you notice such an error, please mention it on the carrier’s voucher and refuse the product by sending it back to us with a report 170 called “report of spoliation”. In the case where you would take knowledge of this error after the departure of the conveyor, please announce us this one by e-mail to the address of OMBRES ET FACETTES 10 rue de l’industrie 41220 SAINT-LAURENT-NOUAN or by telephone within a maximum period of 72 working hours following the reception of the order.
In accordance with article 133-3 of the Commercial Code, please send your protest by registered letter to the carrier, within 3 days (not including holidays).
Incomplete or non-conforming delivery (due to the company)
In spite of the care taken in the preparation of the orders, it is possible that a product is missing in this one, or that an error occurred during the preparation.
If you notice such an error, please notify us as soon as possible and if possible within 72 working hours of receipt of the order. This report can be made by email at [email protected] or by phone.
In the event that a parcel is lost by one of our transport providers, please inform us as soon as possible.
The company will investigate with the relevant departments.
Right of withdrawal
In accordance with article L121-16 and 121-20 of the Consumer Code, the customer has a period of seven (7) clear days to exercise his right of withdrawal. This period runs from the receipt of the order by the customer.
In order to facilitate the treatment of his return, the customer will be able to contact the company by e-mail in order to obtain a number of return before forwarding. This condition does not invalidate the right of withdrawal.
The customer will be responsible for the return shipping costs. The products must be returned complete, in a state suitable for their re-marketing. It is also recommended that products be returned in their original packaging, in a manner that provides similar shipping guarantees to those defined when the products were originally shipped.
You are reminded that this right of withdrawal cannot be exercised for personalized products.
Right of resolution
In accordance with the article L. 121-20-3 of the code of the consumption, we shall indicate you at the time of your order the maximum date of delivery of this one. In the case of an overtaking of 7 working days of this date of delivery (except case of absolute necessity within the meaning of the Law), you will have the faculty to pronounce the resolution of your order by Registered Letter with Acknowledgement of receipt within 60 days following the initial date of delivery. In this case, we will reimburse you for the totality of the sums paid (except possible return costs), and this within a maximum of 30 days following the reception of your letter.
Execution of the order
The company reserves the right to refuse the order for a “legitimate reason” (in the sense defined by the jurisprudence), and in particular (without this list being restrictive) in case of unavailability of the product, impossibility of carrying out the service, abusive request of the customer, presumption of impossibility for the customer to contract or obvious intention for the customer to harm the company.
The company also reserves the right to refuse the order in the case of an obvious typographical error leading to the display of a “low price”, and this at the time of the order placed by the customer. In the event of a difference in interpretation between “low price” and “low price”, concerning the price displayed on the website at the time of the customer’s order, the customer may request the intervention of a third party, as provided for in the article “Applicable law”.
The order will be executed at the latest within a period not exceeding 20 days from the expected date of collection of the product or service mentioned in the order subject to acceptance by the company, otherwise 4 months if the product is not in stock. This manufacturing time is defined on estimate and thus given to each order.
For the deadlines concerning the various types of services (personalization…), please contact us.
An invoice will be automatically sent to the customer upon ordering. This one will be sent to the e-mail address indicated by the customer at the time of its order, except contrary indication of its share.