The purpose of this document is to inform you about the conditions under which La Fabric Shop collects and uses your personal data when you use the Fabric Shop website (www.La Fabric Shop.com), the mobile version of its website (m.La Fabric Shop.com)
The information about you is intended for La Fabric Shop only.
The data collected will allow us to inform you during updates to our site. You have the right to access, modify, rectify and delete data concerning you (art. 39 of the law "Informatique et Libertés" of 6 January 1978). You may, at any time, request the modification or deletion, for legitimate reasons, of data concerning you at the following address by attaching a copy of a proof of identity:
The Fabric shop
5 Dr M. Rosanoff Street
(Passage E. Négrin)
PREAMBULE The Seller carries out an e-commerce activity and offers an online Sales Service for Products on the website www. lafabricshop.com These general terms and conditions (hereinafter referred to as "Conditions") are exclusively reserved for consumer and non-professional Buyers.
ARTICLE 1 – DEFINITIONS The terms used within the Conditions will have the meaning given to them below: Buyer: natural person acquiring Products through the Seller Site: company SARL MIMEYA, 5 Rue du docteur Michel Rosanoff 06000 Nice, France, 04 93 55 19 89, firstname.lastname@example.org N°siret: 530-957-869 00015 intra-community VAT:FR50530957869
ARTICLE 2 – PURPOSE The purpose of the Conditions is to define the rights and obligations of the Seller and the Buyer in the context of the sale of the Products through the Site.
ARTICLE 3 – SCOPE The Conditions apply to all sales of Products by the Seller to the Buyer, made through the Site. www. lafabricshop.com reserves the right to adapt or modify these general conditions of sale at any time. In case of modification, it will be applied to each order the general conditions of sale in force on the day of the order. An Order will only be taken into account by the Seller after prior acceptance of the Conditions by the Buyer.
ARTICLE 4 – ORDER The Buyer places his Order through the Site. All contractual information is presented in French and English and will be confirmed at the latest at the time of delivery.
Article 4.1: Validation of orders
The Buyer declares to have read the Conditions prior to the placing of his Order and acknowledges that the validation of his Order implies the acceptance of their terms. The Buyer further acknowledges that the Conditions are made available to him in a manner that allows their conservation and reproduction, in accordance with Article 1369-4 of the Civil Code. In order to place the Order, the Buyer must provide the Seller with data concerning him and fill out an online form accessible from the Site. Until the final stage, the Buyer will have the opportunity to return to the previous pages and to correct and modify his Order and the information provided beforehand. A confirmation email, acknowledging receipt of the Order and containing all this information, will then be sent to the Buyer as soon as possible. The Buyer must therefore provide a valid e-mail address when filling in the fields relating to his identity.
4.2 Validity of the offer – Unavailability of products The offers presented by the Seller on the Site are valid as long as they are visible on the site, within the limits of available stocks. The photographs and descriptions of the products are given as an indication, and may undergo slight modifications without our responsibility being engaged or the regularity of the sale being contested. Upon receipt of your order, we check the availability of the product(s) ordered. In the event that a Product ordered by the Buyer is unavailable, the Seller undertakes to inform the Buyer by Email as soon as this unavailability becomes aware. In case of unavailability, we undertake within 30 days from the validation of the order to offer you either an exchange or a refund. In case of out of stock on one of the products of your order: We ship the rest of your order.
ARTICLE 5 – PRICE - PAYMENT The prices of the Products indicated on the pages of the Site correspond to the prices all taxes included and excluding participation in the costs of logistical preparation and shipping. The Seller reserves the right to modify the prices of the Products presented on the Site. However, the Products will be invoiced to the Buyer on the basis of the rates in force at the time of validation of the Order.
Article 5.1 Payment method: The payment of the Order will be made: - By credit card: payment is made by secure bank server at the time of the order. This implies that no banking information about you passes through the www site. lafabricshop.com Payment by card is therefore perfectly secure; Personal information transmitted from the site www. lafabricshop.com at the processing center are protected and encrypted by the SSL (Secure Socket Layers) system; your order will be recorded and validated as soon as the payment is accepted by the bank. The payment order made by credit card cannot be cancelled. Therefore, the payment of the Order by the Buyer is irrevocable, without prejudice for the Buyer to exercise his right of withdrawal or subsequent cancellation of the Order.
Article 5.2 Transfer of ownership: The transfer of ownership of the Product to the Buyer will only take place at the time of full receipt of the price by the Seller. However, from the receipt of the order by the customer, the risks of the delivered goods are transferred to the customer.
Article 5.3 Default of Payment:
The Fabric Shop reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid for a previous order or with whom a payment dispute is being administered.
ARTICLE 6 – DELIVERY Sarl MIMEYA is contractually bound with LA POSTE All packages are shipped via their services. The amount of the Shipping Costs is calculated according to the weight and destination, it is automatically communicated to you at the validation of your basket and is included in the total price to be paid of your order. The Product will be delivered to the contact details indicated by the Buyer in the form completed at the time of the Order. All announced deadlines are calculated in working days. The Seller undertakes to process the Order within thirty days from the day following the validation of the Order. Exceeding the shipping time may result in a cancellation of the order as soon as the order is not shipped from our warehouses For this, simply contact our Customer Service. In case you receive the package: refuse it and request a refund of your order from our Customer Service. As soon as we have confirmation of the return of your package, we will refund you within 15 days. The times indicated are average times and correspond to the processing, preparation and shipping times of your order (warehouse exit). They run as soon as the order is validated. To this period, it is necessary to add the delivery time of the carrier. The products always travel at the risk of the recipient who in case of delay, damage or lack must exercise a recourse against the carrier or make the necessary reservations with the latter to allow the exercise of this recourse. If the Product is delivered after the cancellation of the Order, the refund will take place upon receipt by the Seller of the Product in its original condition. The return of the Product and the refund of the Buyer will take place under the conditions provided below in Article 7 "Cancellation - Withdrawal - Refund".
ARTICLE 7 – CANCELLATION – WITHDRAWAL – REFUND
Article 7.1 Right of returns: Procedure and general conditions: For the purpose of identification and therefore optimal processing of returns, any product that needs to be returned must be the subject of a return request to our services, under penalty of being refused. The time allowed for you to contact our customer service depends on the reason for the return. The return request must be made to our customer service email@example.com A confirmation acknowledging receipt of this return request will be sent to you by email. Upon receipt of the agreement, you have 15 days to return the product to us. After this period, your return will be refused. We advise you to make the return by colissimo followed. Otherwise, if the package, shipped by you, and returning to our services, does not reach us, you would not be able to launch an investigation with the postal services to ask them to locate it. Please note that any package not shipped by us is not under our responsibility. Only the sender of the parcel is able to launch an investigation with the postal services. In order to properly process your request, please remind us of your order number and full contact details. Note: Upon receipt, our services will check the conformity of the returned product and the reason for return. If the returned product is not compliant, it will be refused by our services and will be reshipmented to you, at your expense. If your return is made under a wrong reason, your product may be refused and therefore reshipmented to you at your expense. In particular, the reason for return may be requalified. From then on, you will be informed by e-mail and the processing of your return will therefore depend on the new reason.
Article 7.2 Right of return for Withdrawal: From receipt of the Product by the Buyer, the latter has a withdrawal period of 14 days, allowing him, without having to justify any particular reasons, to return the Delivered Product. If the Buyer makes use of this right of withdrawal within 14 clear days of receipt of the Product, the Seller undertakes to reimburse the Buyer without delay and at the latest within thirty days of the date on which this right was exercised. ATTENTION: No withdrawal will be accepted if the returned product is unsuitable for remarketing. Therefore: - The product must be returned in perfect condition, in its original packaging, undamaged, unmarked. The product must be accompanied by all its accessories. Otherwise, the product will be returned to you, at your expense. The return postage costs will be borne by the Buyer. To exercise this right, the Buyer must first contact customer service contact@ lafabricshop.com A confirmation acknowledging receipt of this return request will be sent to him by email.
Products purchased in the "Sale/Sale and Outlet" collection will not be taken back or exchanged.
Article 7.3 Returns for reference error Terms of return You have 15 days to notify us that the product received is not the product ordered: reference error, problem of size, color, characteristics, completely different product, defective ... so that our customer service assigns you a return agreement number. The product must be returned in good condition and in its original packaging, even if it has been opened, with all its contents (accessories, cords, instructions ...). In order to properly process your request, please remind us of your order number and full contact details. Processing of your return for reference error After receipt and acceptance of your package by our services, depending on the nature of the product, available stocks and according to your wishes, we will offer to reship the product initially ordered or an exchange product with equivalent characteristics. If you have chosen to be refunded, the amount of the entire order (product(s) + shipping costs if your order consists of only one product) will be credited back to the account debited within 15 days of acceptance of your return. on presentation of proof of the expenses incurred our customer service will refund them by sending a cheque or credit to your account. Note: The amount of reimbursement of these costs will be based on the general public rates in force, communicated by La Poste for colissimo followed. The maximum refund amount may not exceed 15 € TTC.
ARTICLE 8 – GUARANTEE Without prejudice to his aforementioned right of withdrawal, the Buyer benefits on the Product from the guarantee of hidden defects as provided for in Article 1641 of the Civil Code. In addition, if the Product received by the Buyer does not conform to the Product designated in his Order, this Product will be replaced or refunded, according to the wish expressed by the Buyer.
ARTICLE 9 – LIABILITY The Seller's liability is limited to direct and foreseeable damages that may result from the Buyer's use of the Site and the Products delivered. The Seller cannot be held liable if the non-performance or poor performance of its obligations is attributable to the Buyer, to the unforeseeable and insurmountable fact of a third party unrelated to the provision of the services provided for in the Conditions, or to a case of unforeseeable, irresistible and external force majeure. The Seller cannot be held liable for damages resulting from a fault of the Buyer in the context of the use of the Products.
ARTICLE 10 – INTELLECTUAL PROPERTY All the elements published within the Site, such as sounds, images, photographs, videos, writings, animations, programs, graphic charter, utilities, databases, software, is protected by the provisions of the Intellectual Property Code and belong to the Seller. The Buyer is prohibited from infringing the intellectual property rights relating to these elements and in particular from reproducing, representing, modifying, adapting, translating, extracting and/or reusing a qualitatively or quantitatively substantial part of them, to the exclusion of acts necessary for their normal and compliant use.
ARTICLE 11 – PERSONAL DATA The Buyer is informed that, during his navigation and as part of the Order, personal data concerning him are collected and processed by the Seller. This processing is the subject of a declaration to the Commission Nationale Informatique et Libertés in application of the law n ° 78-17 of January 6, 1978. The Buyer is informed that his data: - are collected in a fair and lawful manner, - are collected for determined, explicit and legitimate purposes - will not be further processed in a manner incompatible with these purposes - are adequate, relevant and not excessive with regard to the purposes for which they are collected and their subsequent processing - are accurate and complete - are kept in a form allowing the identification of persons for a period that does not exceed the period necessary for the purposes for which they are collected and processed. The Seller also undertakes to take all necessary precautions to preserve the security of the data, and in particular that they are distorted, damaged or that unauthorized third parties have access to them. This data is used for the processing of the Order as well as to improve and personalize the services offered by the Seller. They are not intended to be passed on to third parties. The Buyer has the right to object to the processing of personal data concerning him and to the use of this data for prospecting purposes, in particular commercial. The Buyer may ask the Seller for confirmation that personal data concerning him are or are not being processed, information relating to the purposes of the processing, the categories of personal data processed and the recipients or categories of recipients to whom the data are communicated, the communication of the personal data concerning him as well as any available information on the 'origin of these. The Buyer may also require the Seller to rectify, complete, update, lock or erase personal data concerning, which is inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage is prohibited. In order to exercise this right, the Buyer will send an email to the Seller in its capacity as data controller, to the following address: firstname.lastname@example.org
ARTICLE 12 – Agreement on Evidence It is expressly agreed that the Parties may communicate with each other electronically for the purposes of the Conditions, provided that technical security measures to guarantee the confidentiality of the data exchanged are put in place. Both Parties agree that the Emails exchanged between them validly prove the content of their exchanges and, where applicable, their commitments, in particular with regard to the transmission and acceptance of Orders.
ARTICLE 13 – PARTIAL INVALIDITY If one or more of the stipulations of the Conditions were deemed illegal or null and void, this nullity would not have the effect of resulting in the nullity of the other provisions of these Conditions, unless these provisions were inseparable from the invalidated stipulation.
ARTICLE 14 – APPLICABLE LAW The Conditions are governed by French law.
ARTICLE 15 – ATTRIBUTION OF JURISDICTION The Parties agree that in the event of a dispute that may arise concerning the execution or interpretation of the Conditions, they will endeavor to find a transactional solution. In case of failure of this attempt at amicable resolution of the dispute, it will be brought before the competent Courts.
number: 530-957-869 00015
The Fabric shop
5 Dr M. Rosanoff Street
(Passage E. Négrin)
Opening hours: Monday to Saturday from 10am to 7pm