PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
Between the MANOUCHE Company, registered in the Trade and Companies Register of TOULOUSE, under the SIRET number 798 826 749 00029, represented by Mrs. Régimbeau as manager, duly authorized for the purposes hereof.
The company can be reached by email at the following address: firstname.lastname@example.org or by clicking on the contact form accessible via the home page of the site.
Hereinafter the “Seller” or the “Company”.
And the natural or legal person purchasing products or services from the company,
Hereinafter, “the Buyer”, or “the Customer”
It was explained and agreed as follows:
The Seller creates printed fabrics and textile articles for consumers or professionals, marketed through its website (online store) www.manouchetissus.com, or through the direct sale of products (from individuals or professional resellers)
The list and description of the goods and services offered by the Company can be consulted on the aforementioned site.
Each customer acknowledges having read, in a legible and understandable manner, these GCS as well as all the information necessary for the execution of these, in accordance with Articles L.111-1 to L.111-8 of the Code of consumption, prior to the placing of its order and before any conclusion of its contract with MANOUCHE, a company registered with the RCS of Toulouse under the number SIRET 798 826 749 00029.
Article 1: object
These General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of fabrics and textile articles offered by the Seller.
Article 2: General provisions
These General Terms and Conditions of Sale (GTC) govern the sale of fabrics and textile articles, made through the Company’s website, or the direct sale of products (to individuals or professional resellers), and are an integral part of the Contract between the Buyer and the Seller.
They are fully opposable to the Buyer who accepted them before placing an order.
The Seller reserves the right to modify these at any time by publishing a new version on its website.
The GCS then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) of the order.
These T&Cs can be viewed on the Company’s website at the following address:
The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares to have read all of these General Terms and Conditions of Sale, and, where applicable, the Special Terms and Conditions of Sale related to a product or service, and to accept them without restriction or reservation.
For physical sales, made directly, the general conditions of sale will be attached to the estimate provided by the company. They must be returned signed along with the estimate by the customer.
The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs.
The Customer declares to be able to legally contract under French law or
validly represented the natural or legal person for whom he is committing.
Unless proven otherwise, the information recorded by the Company constitutes proof of
Article 3: Price & delivery
The prices of the products sold through the Internet sites or during direct physical sales are indicated in Euros including tax and precisely determined on the Product description pages or labels.
They are also indicated in euros, all taxes included (VAT + other possible taxes) on the product order page or on the invoice for physical sales, and excluding shipping costs.
For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities.
The Company reserves the right to modify its prices at any time for the future.
The telecommunications costs necessary to access the Company’s websites are the responsibility of the Customer.
The delivery costs related to his order are indicated to the Customer before any payment of his order and are entirely at his expense.
Unless otherwise stated on the Site or on the Quote when ordering or in the description of the Products ordered, THE SELLER undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract.
The Customer may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, missing Product compared to the delivery note, damaged package, broken or damaged Products, etc.).
If the Customer’s package is returned by post or by other postal service providers, THE SELLER will contact the Customer upon receipt of the return package to ask him what to do with his order.
If the Customer has mistakenly refused the package, he may request it to be returned by first paying the postage for the new shipment. Postal costs must be paid even for orders for which the shipping costs were offered when the order was placed.
Any delay in delivery exceeding thirty (30) days from the conclusion of the contract may lead to the resolution of the sale on the Customer’s initiative, upon written request from him by registered letter with acknowledgment of receipt to the following address :
Company MANOUCHE – Mrs REGIMBEAU, 51 chemin de la Garonne, 31200 Toulouse
The Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, of all the sums paid.
This clause is not intended to apply if the delay in delivery is due to a case of force majeure.
Article 4: Conclusion of the online contract
In accordance with the provisions of article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to be able to place his order:
1. Information on the essential characteristics of the Product
2. Choice of the Product, if applicable, of its options
3. Indication of the Customer’s essential contact details (identification, email, address, etc.)
4. Acceptance of these General Conditions of Sale
5. Before proceeding with his confirmation, the Buyer has the possibility of checking the details of his order, its price, and of correcting any errors, or of canceling his order.
6. Then, follow the instructions for the payment of the products, then delivery of the order.
Confirmation of the order will constitute the formation of this contract.
The Customer will receive confirmation by e-mail of payment for the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these general conditions of sale.
The language proposed for the conclusion of the contract is the French language.
The archiving of the communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information can be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, the Customer undertakes to provide his true identification elements.
The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
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Article 5: Products and services
The essential characteristics of the goods, services and their respective prices are made available
available to the buyer on the company’s website, as well as, where applicable, the method of use of the product. In accordance with article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or by any other appropriate process, of the prices and special conditions of sale and execution of the services before any conclusion of the sales contract.
In all cases, the total amount owed by the Buyer is indicated on the order confirmation page. The selling price of the product is that in force indicated on the day of the order, this one not including the shipping costs invoiced in addition. These possible costs are indicated to the Buyer during the sales process, and
in any event at the time of confirmation of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.
When the products or services are not executed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services.
The customer certifies having received a detail of the delivery costs as well as the terms of
payment, delivery and performance of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities in the context of this sale.
The Seller undertakes to honor the Customer’s order within the limit of available Product stocks only. Failing this, the Seller informs the Customer; if the order has been placed, and failing agreement with the Customer on a new date of
delivery, the Seller reimburses the customer.
The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value.
The period of validity of the offer of the Products as well as their prices is specified on the
the Company’s website, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address provided).
Section 6: Compliance
In accordance with Article L.411-1 of the Consumer Code, the products and services offered for sale through these GCS meet the requirements in force relating to the safety and health of persons, the loyalty of commercial transactions and consumer protection.
Independently of any commercial guarantee, the Seller remains liable for the
defects of conformity and hidden defects of the product.
In accordance with article L.217-4, the seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
In accordance with the legal provisions in terms of conformity and hidden defects (art. 1641 c. civ.), the Seller refunds or exchanges defective products or products that do not correspond to the order. Reimbursement can be requested as follows:
1. contact us by email at the following address: email@example.com indicating DEFECTIVE in the subject
2. send us a photo of the defective product
3. the buyer must advance the cost of returning the product, which will be paid to him when the refund is made. The buyer must provide us with proof of payment for the return of the goods.
4. We will acknowledge receipt of the product by email
5. the customer will receive a refund of his order as well as postage costs related to the return within 14 working days.
Article 7: Retention of title clause
The products remain the property of the Company until full payment of the price.
Article 8: Availability and presentation
In case of unavailability of an article for a period exceeding 30 working days, you
You will immediately be notified of foreseeable delivery times and the order for this item may be canceled upon simple request to the following address: firstname.lastname@example.org indicating REFUND in the subject.
The Customer may then request a credit note for the amount of the item or its full refund and cancellation of the order.
Article 9: Payment
Payment is due immediately upon ordering, including for products in
pre-order. The Customer can make payment by credit card or PAYPAL transfer. The following provisions apply in the same way regardless of the payment method chosen by the customer.
Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa).
Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted in the rules of the art and cannot be read during transport on the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information.
In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is
legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately resolved as of right and the order cancelled.
Article 10: Withdrawal period
In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of his order.
The right of withdrawal can be exercised by contacting the Company as follows:
1. contact us by email at the following address: email@example.com indicating WITHDRAWAL in the subject.
2. send us the order receipts accompanied by a clearly expressed request for reimbursement for withdrawal.
3. reimbursement within 14 working days of receipt of the customer’s request provided that the customer has provided us with the supporting documents relating to his order.
We inform Customers that in accordance with the provisions of the
articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for services related to interior decoration.
The service having been de facto performed by the simple on-site visit of the decorator, the deposit will not be refunded.
If the customer’s withdrawal occurs after the setting up of the decor, the customer must pay the total amount of the service, in accordance with the previously signed estimate.
In the event of exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the shipping costs will be refunded, the return costs remaining the responsibility of the Customer.
Returns of products must be made in their original state and complete (packaging, accessories, manuals, ribbons); they must be accompanied by a copy of the proof of purchase.
Article 11: Warranties
In accordance with the law, the Seller assumes the guarantees of conformity and relating to the hidden defects of the products. The Seller reimburses the buyer or exchanges the products which are apparently defective or which do not correspond to the order placed.
The refund request must be made as follows:
- contact us by email at the following address: firstname.lastname@example.org indicating postage costs related to the return within 14 working days.
- send us a photo of the defective product if applicable
- regarding the return of the goods, refer to the aforementioned conditions depending on the type of request.
- We will acknowledge receipt of the request and then the product by email
- the customer will receive a refund within 14 working days subject to compliance with the procedures indicated above.
Article 12: Complaints and mediation
If applicable, the Buyer may submit any complaint by contacting the company using the following contact details:
- contact us by email at the following address: email@example.com indicating COMPLAINT in the subject
- send us a clearly expressed request detailing the subject of the complaint.
- we will acknowledge receipt of the request and make every effort to respond to you promptly after seeking advice, if necessary, from our legal department.
- we will contact you to offer you a solution or to notify you of the rejection of your request, together with our reasons.
In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he may have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code.
In the event of failure of the complaint request with the Seller’s customer service, or in
In the absence of a response within two months, the consumer may submit the dispute to a mediator who will independently attempt to bring the parties together with a view to obtaining an amicable solution.
Article 13: Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller.
No assignment of intellectual property rights is made through the
All of the creations presented by the company are registered with the INPI.
Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 14: Force majeure
The performance of the seller’s obligations hereunder is suspended in the event of
occurrence of a fortuitous event or force majeure which would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 15: Nullity and modification of the contract
If one of the stipulations of this contract were cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties.
Any contractual modification is only valid after a written and signed agreement of the parties.
Article 16: Protection of personal data
In accordance with Regulation 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data, the Seller sets up a processing of personal data which has the purpose of purpose the sale and delivery of products and services defined in this contract. The Buyer is informed of the following:
– the identity and contact details of the data controller and, where applicable, of the data controller’s representative: the Seller, as indicated at the top of these GCS;
– the legal basis of the processing: contractual performance
– the recipients or categories of recipients of the personal data, if they exist: the data controller, its departments in charge of marketing, the departments in charge of IT security, the department in charge of sales, delivery and order, the subcontractors involved in the delivery and sale operations as well as any authority legally authorized to access the personal data in question
– no transfer outside the EU is planned
– the data retention period: the time of the commercial prescription
– the data subject has the right to ask the person responsible for the
processing access to personal data, rectification or erasure thereof, or restriction of processing relating to the data subject, or the right to object to processing and the right to data portability
– The data subject has the right to lodge a complaint with a supervisory authority
– the information requested when ordering is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, otherwise the order cannot be placed.
No automated decision making or profiling is implemented through the ordering process.
Article 17: Applicable law and clauses
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.
The nullity of a contractual clause does not entail the nullity of these general conditions of sale.
Article 18: Consumer information
For the purpose of informing consumers, the provisions of the Civil Code and the Code of
consumption are reproduced below:
Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. acquired, or would have given only a lesser price, if he had known them.
Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by
the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller can be released from the apparent defects or lack of conformity.
Article L. 217-4 of the Consumer Code: The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L. 217-5 of the Consumer Code:
The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and which the latter has accepted.
Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code: When the buyer asks the seller,
during the course of the commercial guarantee which was granted to it during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days comes add to the remaining warranty period.
This period runs from the request for intervention by the buyer or the update
provision for repair of the property in question, if this provision is subsequent to the request for intervention.