Terms of Sales
TERMS OF SALES
Effective 02/01/2024
ARTICLE 1 - Scope of application
These General Conditions of Sale (known as “CGV”) apply, without restriction or reservation to all sales concluded by the Seller to non-professional buyers (“Customers or the Customer”), wishing to acquire the products offered for sale (“The Products”) by the Seller on the website www.aurorechallamel.com. The Products offered for sale on the site are as follows:
Artwork and custom artwork
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site www.aurorechallamel.com, which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are within the limits of available stocks, as specified when placing the order.
These General Terms and Conditions are accessible at any time on the website www.aurorechallamel.com and will take precedence over any other document.
The Customer declares to have read these General Terms and Conditions and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the site www.aurorechallmel.com.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller's contact details are as follows:
Challamel Aurore
145 old village street
Registration number: 79482598400022
Email: aurorechallamel@gmail.com
Telephone: 0681303134
ARTICLE 2 - Price
The Products are supplied at the current prices appearing on the site www.aurorechallamel.com, when the order is registered by the Seller.
Prices are expressed in Euros, including tax.
The prices take into account any reductions that may be granted by the Seller on the site www.aurorechallmel.com.
These prices are firm and cannot be revised during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
Prices include processing, shipping, transport and delivery costs in France.
An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 – Orders
It is up to the Customer to select the Products he wishes to order on the site www.aurorechallamel.com, according to the following terms:
The Customer chooses a Product which he places in his basket, a Product which he can delete or modify before validating his order and accepting these general conditions of sale. They will then enter their contact details or log in to their space and choose the delivery method. After validation of the information, the order will be considered final and will require payment from the Customer according to the terms provided.
Product offers are valid as long as they are visible on the site, while stocks last.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the site www.aurorechallmel.com constitutes the formation of a contract concluded remotely between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the site.
ARTICLE 3 Bis - Customer area - Account
In order to place an order, the Customer is invited to create an account (personal space).
To do this, he must register by completing the form which will be offered to him at the time of his order and undertakes to provide sincere and accurate information concerning his marital status and his contact details, in particular his email address.
The Customer is responsible for updating the information provided. He is informed that he can modify them by logging into his account.
To access their personal space and order history, the Customer must identify themselves using their username and password which will be communicated to them after registration and which are strictly personal. As such, the Client refrains from any disclosure. Otherwise, he will remain solely responsible for the use made of it.
The Customer may also request unsubscription by going to the dedicated page in their personal space or sending an email to: aurorechallamel@gmail.com. This will be effective within a reasonable time.
In the event of non-compliance with the general conditions of sale and/or use, the site www.aurorechallamel.com will have the possibility of suspending or even closing a customer's account after formal notice sent electronically and remaining without effect. .
Any deletion of an account, whatever the reason, results in the pure and simple deletion of all personal information of the Customer.
Any event due to force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the Seller.
The creation of the account entails acceptance of these general conditions of sale.
ARTICLE 4 - Payment conditions
The price is paid by secure payment method, according to the following terms:
- payment by bank transfer to the Seller's bank account (the details of which are communicated to the Customer when placing the order)
- payment by credit card
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the site www.aurorechallamel.com.
-The order can also be paid directly during the meeting to validate the sale.
Payments made by the Customer will only be considered final after effective collection by the Seller of the sums due.
The Seller will not be required to deliver the Products ordered by the Customer or to create personalized products if the Customer does not pay the price in full under the conditions indicated above.
ARTICLE 5 - Deliveries
The Products ordered by the Customer will be delivered free of charge in mainland France.
Products are shipped within 2 to 7 working days for works of art already made.
For custom artwork, shipping depends on the creation time required. You will be notified as soon as the works are completed to have a delivery time.
They will be delivered to the address indicated by the Customer when ordering on the site.
Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above.
If the Products ordered have not been delivered within 14 days (after the indicative delivery date confirmed by Aurore Challamel), for any reason other than force majeure or the act of the Customer, the sale may be canceled at the written request from the Customer under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.
Deliveries are ensured by an independent carrier, to the address mentioned by the Customer when ordering and to which the carrier can easily access.
When the Customer himself is responsible for using a carrier he chooses himself, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier who accepted them without reservation. The Customer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty recourse against the Seller in the event of failure to deliver the goods transported.
In the event of a specific request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, based on a quote previously accepted in writing by the customer.
The Customer is required to check the condition of the delivered products. He has a period of 14 days from delivery to submit complaints by email: aurorechallamel@gmail.com, accompanied by all relevant supporting documents (photos in particular). After this period and failing to have complied with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 et seq. Consumer Code and those provided for in these General Terms and Conditions.
The transfer of the risks of loss and deterioration relating thereto will only be carried out at the time when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk except when the Customer has chosen the carrier himself. As such, the risks are transferred when the goods are handed over to the carrier.
ARTICLE 6 - Transfer of ownership
The transfer of ownership of the Products from the Seller to the Customer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 - Right of withdrawal: only on non-personalized products
For all personalized orders (all products on the Cosmic Magic Art page: magical experience, magic wand, magic painting, magical child), there is no right of withdrawal.
According to the terms of article L221-18 of the Consumer Code “
For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first good. »
The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the site or any other declaration, unambiguous, expressing the desire to withdraw and in particular by postal mail addressed to the Seller using the postal or email address indicated in ARTICLE 1 of the General Terms and Conditions.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products will not be returned.
Return costs and insurance for shipping remain the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
Refunds (if applicable)
Once your return is received and inspected, we will email you to let you know that we have received the returned item. We will also let you know if your refund is approved or denied.
If approved, your refund is then processed and your credit card or original payment method is automatically credited within a few days.
Delayed or missing refunds (if applicable)
If you haven't received a refund yet, double-check your bank account first.
Then contact your credit card company, as it may take a little time for your refund to be officially posted.
Then contact your bank. The posting of a refund is often preceded by a processing time.
If you have completed all these steps and have still not received your refund, contact us at the following address: aurorechallamel@gmail.com.
To return your product, you must send it to the following postal address: 145 rue du vieux village, 74410 Duingt France.
ARTICLE 8 - Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the purpose of delivery of the Products. These personal data are collected solely for the execution of the sales contract.
9.1 Collection of personal data
The personal data collected on the site www.aurorechallamel.com are as follows:
Account opening
When creating the Customer/user account:
Names, first names, postal address, telephone number and e-mail address.
Payment
As part of the payment for the Products offered on the site www.aurorechallamel.com, it records financial data relating to the bank account or credit card of the Customer / user.
9.2 Recipients of personal data
Personal data is reserved for the sole use of the Seller and its employees.
9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and as of May 25, 2018, Regulation 2016/679 on the protection of personal data.
9.4 limitation of processing
Unless the Customer expresses his express agreement, his personal data is not used for advertising or marketing purposes.
9.5 Data retention period
The Seller will keep the data thus collected for a period of 5 years, covering the limitation period for applicable contractual civil liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementation of Customer and user rights
In application of the regulations applicable to personal data, Customers and users of the site www.aurorechallmel.com have the following rights:
They can update or delete data that concerns them in the following ways:
After delivery, at any time you can ask me to delete your personal data in writing via the contact form.
They can delete their account by writing to the email address indicated in article 9.3 “Data controller”
They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 “Data controller”
If the personal data held by the Seller is inaccurate, they may request an update of the information by writing to the address indicated in article 9.3 “Data Controller”
They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 “Data controller”
They may also request the portability of data held by the Seller to another service provider.
Finally, they can object to the processing of their data by the Seller.
These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by mail or e-mail to the Data Controller whose contact details are indicated above.
The data controller must provide a response within a maximum of one month.
In the event of refusal to grant the Customer's request, the latter must provide reasons.
The Customer is informed that in the event of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or contact a judicial authority.
The Customer may be asked to check a box under which he agrees to receive informative and advertising emails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 9- Intellectual property
All elements accessible on the site (texts, images, graphics, logo, icons, sounds, software, etc.) remain the exclusive property of Aurore Challamel, with regard to intellectual property rights or usage rights. with the exception of portrait photos taken by photographer Christelle Galand and elements of the website belonging to the company Shopify and its collaborators.
Any use, reproduction, distribution, marketing, modification of all or part of the Site, without authorization from the Publisher is prohibited and may result in legal actions and proceedings as provided for in the Intellectual Property Code and the Civil Code.
ARTICLE 10 - Applicable law - Language
These General Terms and Conditions and the operations resulting from them are governed and subject to French law.
These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
ARTICLE 11 - Disputes
For any complaints, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these General Terms and Conditions.
The Customer is informed that he can in any case resort to conventional mediation, to existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
In this case, the designated mediator is FEVAD Consumer Mediator (currently applying for membership)
FEVAD consumption mediator
BP 20015 – 75362 PARIS CEDEX 8 –
mediateurduecommerce@fevad.com
The Customer is also informed that he can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home .show
All disputes relating to purchase and sale operations concluded in application of these General Terms and Conditions and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law. common.
Produced on https://www.legalplace.fr
ANNEX I
Withdrawal form
Date ______________________
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.aurorechallmel.com unless exclusions or limits to the exercise of the right of withdrawal follow the applicable General Conditions of Sale.
To the attention of Challamel Aurore
145 old village street
I hereby notify the withdrawal of the contract relating to the property below:
- Order from (indicate date)
- Order number: ............................................. ...............
- Client name : ............................................. .............................
- Customer Address: ............................................. .........................
Signature of the Client (only in the event of notification of this form on paper)
CGU produced on http://legalplace.fr/
