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GENERAL CONDITIONS OF USE AND SALE OF THE SITE melissafendrichcreations.fr

I. GENERAL CONDITIONS OF USE

ARTICLE 1. LEGAL INFORMATION

Under Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, this article specifies the identity of the various stakeholders in the context of its implementation and monitoring. .

The melissafendrichcreations.fr website is edited by:

Fendrich Mélissa, whose head office is located at the following address: 6 rue de Lessy, 57160, Chatel-Saint-Germain, and registered with the RCS of METZ: 884785957.

Telephone: 0673959095/ E-mail address: contact@melissafendrichcreations.fr.

The publication director of the site is: Fendrich melissa.

The melissafendrichcreations.fr website is hosted by: Shopify Inc., whose head office is located at the following address:

Legal Department 151 O'Connor Street Ground Floor Ottawa, Ontario K2P 2L8 Telephone number: 613 241-2828

ARTICLE 2. PRESENTATION OF THE SITE

The purpose of the melissafendrichcreations.fr website is: Sale of accessories for pets

SECTION 3. CONTACT

For any question or request for information concerning the site, or any report of illegal content or activities, the user may contact the publisher at

the following e-mail address: contact@melissafendrichcreations.fr or send a registered letter with acknowledgment of receipt to: Fendrich Mélissa - 6 rue de Lessy, 57160, Chatel-Saint-Germain

ARTICLE 4. ACCEPTANCE OF THE TERMS OF USE

Access to and use of the site are subject to acceptance and compliance with these General Terms and Conditions of Use.

The publisher reserves the right to modify, at any time and without notice, the site and services as well as these T&Cs, in particular to adapt to changes to the site by providing new functionalities or deleting or modification of existing functionalities.

It is therefore advisable for the user to refer before any navigation to the latest version of the T&Cs, accessible at any time on the site. In case of disagreement with the T&Cs, no use of the site can be made by the user.

ARTICLE 5. ACCESS AND NAVIGATION

The publisher implements the technical solutions at its disposal to allow access to the site 24 hours a day, 7 days a week. It may nevertheless at any time suspend, limit or interrupt access to the site or to certain pages of this one in order to carry out updates, modifications of its content or any other action deemed necessary for the proper functioning of the site.

These T&Cs apply, as necessary, to any variation or extension of the site on existing or future social and/or community networks.

ARTICLE 6. SITE MANAGEMENT

For the proper management of the site, the publisher may at any time:

Suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, to a specific category of Internet user;

Delete any information that could disrupt its operation or contravene national or international laws, or the rules of Netiquette;

Suspend the site in order to make updates.

 

ARTICLE 7. SERVICES RESERVED FOR REGISTERED USERS

1. REGISTRATION

Access to certain services, and in particular to all paid services, is subject to the user's registration.

Registration and access to the site's services are reserved exclusively for capable natural persons, who have completed and validated the registration form available online on the melissafendrichcreations.fr site, as well as these General Conditions of Use.

When registering, the user undertakes to provide accurate, sincere and up-to-date information on his person and his marital status. The user must also regularly check the data concerning him in order to maintain its accuracy.

The user must therefore imperatively provide a valid e-mail address, on which the site will send him a confirmation of his registration for his services. An e-mail address cannot be used more than once to register for the services.

Any communication made by melissafendrichcreations.fr and its partners is therefore deemed to have been received and read by the user. The latter therefore undertakes to regularly consult the messages received on this e-mail address and to respond within a reasonable time if necessary.

Only one registration for the services of the site is allowed per natural person.

The user is assigned an identifier allowing him to access a space whose access is reserved for him (hereinafter "Personal Space"), in addition to entering his password.

The username and password can be modified online by the user in his personal space. The password is personal and confidential, the user thus undertakes not to communicate it to third parties.

melissafendrichcreations.fr reserves in any case the possibility of refusing a request for registration to the services in the event of non-compliance by the user with the provisions of these General Conditions of Use.

2. UNSUBSCRIBE
The regularly registered user may at any time request his unsubscription.

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by going to the dedicated page in his personal space. Any unsubscription from the site will be effective immediately after the user has completed the form provided for this purpose.

3. DELETION OF PERSONAL SPACE AT THE INITIATIVE OF THE SITE EDITOR

It is brought to the user's attention that the publisher reserves the right to delete the personal space of any User who contravenes these conditions of use and sale, and more particularly in the following cases:

If the user makes illegal use of the site;

If the user, when creating his personal space, voluntarily transmits erroneous information to the site;

If the user has not been active on his personal space for at least a year.

In the event that the publisher decides to delete the user's personal space for one of these reasons, this cannot constitute damage for the user whose account has been deleted.

This deletion does not constitute a waiver of legal proceedings that the publisher could undertake against the user who has contravened these rules.

ARTICLE 8. RESPONSIBILITIES

The editor is only responsible for the content that he has edited himself. The publisher is not responsible:

In the event of technical, computer or compatibility problems or failures of the site with any hardware or software;

Direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use or difficulties in using the site or its services;

Intrinsic characteristics of the Internet, in particular those relating to the lack of reliability and the lack of security of the information circulating on it;

Illegal content or activities using its site, without its having duly taken cognizance of it within the meaning of Law No. 2004-575 of June 21, 2004 for the

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confidence in the digital economy and Law n°2004-801 of August 6, 2004

on the protection of individuals with regard to the processing of personal data.

Furthermore, the site cannot guarantee the accuracy, completeness and timeliness of the information disseminated there.

The user is responsible:

The protection of its equipment and data;
The use he makes of the site or its services;
If he does not respect either the letter or the spirit of these T&Cs.

ARTICLE 9. HYPERTEXT LINKS

The site may contain hypertext links pointing to other websites over which melissafendrichcreations.fr has no control. Despite the prior and regular checks carried out by the publisher, the latter declines all responsibility for the content that can be found on these sites.

The publisher authorizes the setting up of hypertext links to any page or document on its site provided that the setting up of these links is not carried out for commercial or advertising purposes.

In addition, the prior information of the site editor is necessary before any hypertext link is set up.

Excluded from this authorization are sites disseminating information of an illicit, violent, controversial, pornographic, xenophobic nature or which may affect the sensitivity of the greatest number.

Finally, melissafendrichcreations.fr reserves the right to have a hypertext link pointing to its site removed at any time, if the site deems it not to comply with its editorial policy.

ARTICLE 10: CONFIDENTIALITY

In addition to these General Conditions, the site has a privacy policy which describes how personal data is processed when the user visits the site, as well as how cookies are used.

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By browsing the site, the user declares to have also read the aforementioned privacy policy.

ARTICLE 11. INTELLECTUAL PROPERTY

The structure of the site but also the texts, graphics, images, photographs, sounds, videos and computer applications that compose it are the property of the publisher and are protected as such by the laws in force under intellectual property.

Any representation, reproduction, adaptation or partial or total exploitation of the content, registered trademarks and services offered by the site, by any process whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited and would be liable to constitute an infringement within the meaning of articles L. 335-2 and following of the Intellectual Property Code. And this, with the exception of elements expressly designated as free of rights on the site.

Access to the site does not constitute recognition of a right and, in general, does not confer any intellectual property rights relating to an element of the site, which remain the exclusive property of the publisher.

The user is prohibited from entering data on the site that would modify or would be likely to modify its content or appearance.

ARTICLE 12. APPLICABLE LAW AND JURISDICTION

These General Conditions of Use are governed by French law. In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the French courts in accordance with the rules of jurisdiction in force.

The melissafendrichcreations.fr website wishes you an excellent navigation!

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II. GENERAL CONDITIONS OF SALE PREAMBLE

The site is published by the seller, Fendrich Mélissa, whose head office is located at the following address: 6 rue de Lessy, 57160, Chatel-Saint-Germain, and registered with Siret: 88478595700017.

The seller is not subject to VAT under article 293 B of the CGI.

The following provisions are intended to define the general conditions of sale on the site melissafendrichcreations.fr

These general conditions of sale (hereinafter "GTC") define the contractual rights and obligations of the seller and his customer in the context of distance and electronic sale of goods and products.

The T&Cs exclusively govern the relationship between the seller and the customer.

The T&Cs express all of the obligations of the parties. The customer is deemed to accept them without reservation, failing which his order will not be validated.

In case of doubt on one of the conditions of sale, the practices in force in the distance selling sector by companies whose head office is in France and the Consumer Code apply.

The seller reserves the right to modify the GCS from time to time. The modifications will be applicable as soon as they are put online.

ARTICLE 1. CATALOG OR ONLINE SHOP

Through the site, the seller provides the customer with a catalog or an online store accurately presenting the products sold, without the photographs having any contractual value.

The products are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the responsibility of the seller cannot be engaged as a result.

The products are offered within the limits of available stocks.

The prices and taxes relating to the sale of the products are specified in the catalog or the online store.

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ARTICLE 2. PRICE

The seller reserves the right to modify its prices at any time by publishing them online.

Only the rates in force indicated at the time of the order will apply, subject to the availability of the products on that date.

The prices are indicated in euros (excluding taxes and all taxes included) and do not take into account delivery costs, which are invoiced in addition. Delivery costs are indicated before validation of the order by the customer.

The prices take into account the taxes applicable on the day of the order and any change in the rate of these taxes will be automatically passed on to the price of the products in the catalog or the online store. If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the selling price of the products.

The total amount of the order (all taxes included) and delivery costs included, is indicated before final validation of the order form.

Payment of the full price must be made when ordering.

ARTICLE 3. ONLINE ORDER

The customer has the option of completing an order form online, using an electronic form. By completing the electronic form, the customer accepts the price and description of the products.

The customer will have to accept by clicking in the indicated place, the present general conditions of sale, so that his order is validated.

The customer must give a valid e-mail address and delivery address and acknowledges by these general conditions of sale that any exchange with the seller may take place using this address.

The customer must also choose the delivery method and validate the payment method.

The seller reserves the right to block the customer's order in the event of non-payment, incorrect address or any other problem on the customer's account, until the problem is resolved.

ARTICLE 4. CONFIRMATION AND PAYMENT OF THE ORDER

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This is an order with payment obligation, which means that placing the order involves payment by the customer.

1. PAYMENT

The customer makes the payment at the time of the final validation of the order by specifying his credit card number.

The customer guarantees to the seller that he has the necessary authorizations to use this method of payment and acknowledges that the information given for this purpose constitutes proof of his consent to the sale as well as to the payment of the sums due under the order.

In the event of dispute or fraudulent use of the bank card without physical use of the bank card (use of the number of the bank card), any person may dispute within 70 days from the date of the operation by sending a complaint according to the following terms, so that the seller bears the costs of the sale and returns the disputed sum:

By sending an email to fendrich.melissa@gmail.com

Any dispute not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from all liability.

The seller has set up a procedure for checking orders and means of payment intended to reasonably guarantee it against any fraudulent use of a means of payment, including by asking the customer for identification data.

In the event of refusal of authorization of payment by credit card from accredited bodies or in the event of non-payment, the seller reserves the right to suspend or cancel the order and its delivery.

The seller also reserves the right to refuse an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.

2. CONFIRMATION

Upon receipt of the validation of the purchase and payment by the customer, the seller sends to the latter, on the e-mail address he has specified, confirmation of receipt of the order form and a copy of the contract to be printed.

The seller is required to send an invoice to the customer upon delivery.

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The customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to customer service (see contact details below) before delivery.

In case of unavailability of a product, the seller will keep the customer informed by e-mail as soon as possible in order to cancel the order of this product and refund the related price, the rest of the order remaining firm and final.

The customer can always exercise his right of withdrawal within 14 days from the time the information concerning the unavailability of the product was sent to him.

For any question relating to the follow-up of an order, the customer may contact customer service at the following coordinates:

By email: fendrich.melissa@gmail.com

ARTICLE 5. ELECTRONIC SIGNATURE

In accordance with the provisions of Law No. 2000-230 of March 13, 2000, the online provision of the buyer's bank card number and the final validation of the order constitute proof of the customer's agreement, the payment sums due under the purchase order, signature and express acceptance of all the operations carried out.

ARTICLE 6. PROOF OF THE TRANSACTION

Communications, orders and payments made between the customer and the seller can be proven through computerized registers, kept in the seller's computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.

ARTICLE 7. METHOD OF PAYMENT

All payment methods available to the customer are listed on the seller's website. The customer guarantees to the seller that he has the necessary authorizations to use the method of payment chosen by him, when placing the order.

ARTICLE 8. DELIVERY

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Delivery is made only after confirmation of payment by the seller's bank.

The products are delivered to the address indicated by the customer on the online form equivalent to the order form, the customer having to ensure its accuracy.

Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the customer's expense.

Except in cases of force majeure, delivery takes place, according to the method chosen by the customer, within the following time limits:

Delivery times may vary depending on product availability.
For a product on an order, the delivery time can be up to one month.

For a product already available, the delivery time can be up to 7 days in metropolitan France (excluding problems related to delivery companies)

1. LATE DELIVERY AND DENUNCIATION

In case of late delivery, the seller will inform the customer, who can terminate the contract and ask to be reimbursed within 14 days of this termination.

The total refund of the product and the delivery costs, or re-shipment if applicable, is then made.

This termination of the contract must be sent as follows: By e-mail: fendrich.melissa@gmail.com

Any denunciation not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability vis-à-vis the customer.

2. ORDER VERIFICATION

If at the time of delivery, the original packaging is damaged, torn, opened, the customer must then check the condition of the products. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery slip.

The customer must indicate on the delivery note, and in handwritten form, any anomaly concerning the delivery.

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Verification of the products is considered to have been carried out once the customer, or a person authorized by him, has signed the delivery slip.

The customer must, where applicable, inform the seller of his reservations according to the following terms:

By email: fendrich.melissa@gmail.com

Any reservation not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability vis-à-vis the customer.

Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the customer.

3. DELIVERY ERROR

In the event of a delivery error and/or non-conformity of the products with respect to the indications appearing on the order form, the customer formulates his complaint with the seller on the same day of delivery or at the latest on the first following working day. the delivery.

Complaints may be made in the following ways:

By email: fendrich.melissa@gmail.com

Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability vis-à-vis the customer.

4. RETURN OF ORDER

The product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, according to the following terms:

The product must be returned by mail within 30 days of the date of receipt, with the order form.
Address: Fendrich Mélissa, 6 rue de Lessy, Chatel-Saint-Germain

Any complaint or return not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability vis-à-vis the customer.

Any product to be exchanged or refunded must be returned to the seller within his

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together and in its original packaging. Return costs are the responsibility of the customer.

ARTICLE 9. PRODUCT WARRANTIES

The seller guarantees the conformity of the products with the contract.

The customer can make a request under the legal guarantee of conformity, in accordance with the provisions of articles L. 211-4 of the Consumer Code, or under the guarantee against defects in articles 1641 and following of the Civil Code.

1. CONFORMITY GUARANTEE

The customer has a period of 2 years from delivery of the product to implement the legal guarantee of conformity.

As such, he can choose between the repair or the replacement of the good, under the conditions provided for in article L. 211-9 of the Consumer Code.

The customer is not required to provide proof of the existence of a lack of conformity, within 6 months (24 months from March 18, 2016, except for second-hand goods) following the date of issue of the product.

2. WARRANTY AGAINST DEFECTS

The customer, if he implements the guarantee against defects provided for in articles 1641 and following of the Civil Code, may choose between the resolution of the sale or a reduction in the price, in accordance with article 1644 of the Civil Code.

3. COMMERCIAL WARRANTY

The seller offers the customer a commercial guarantee covering the conformity of the products and ensuring, in the event of non-compliance, the reimbursement of the purchase price, the replacement or the repair of the product, for the following period: 6 months.

This warranty does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.

This guarantee is not exclusive of the application of the guarantees provided for in 9.1 and 9.2.

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ARTICLE 10. UNAVAILABILITY OF PRODUCTS AND REIMBURSEMENT

In case of unavailability of a product ordered, the customer will be informed by e-mail.

The customer will have the possibility of canceling his order and will thus have the choice between the reimbursement of the sums paid by him within 30 days at the latest of their payment, or the exchange of the product.

ARTICLE 11. RIGHT OF WITHDRAWAL

The customer can exercise his right of withdrawal and return of the product within 14 working days of delivery.

The customer will exercise his right of withdrawal by contacting customer service: By e-mail: fendrich.melissa@gmail.com

After communicating his decision to withdraw, the customer then has 14 days to return or return the goods.

Any withdrawal or return not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability vis-à-vis the customer.

The customer may request the exchange or reimbursement of the returned product, without penalty, with the exception of the return costs which remain at his expense. However, in the event of an exchange, delivery costs may again be charged to the customer.

The return or exchange of the product can only be accepted for products as a whole, intact and in their original condition, in particular with complete packaging, intact and in salable condition.

Certain products, due to their intrinsic quality, cannot be subject to the right of withdrawal and cannot be refunded, in particular but not exclusively, the products covered by article L. 121-21-8 of the Consumer Code to know :

any custom-made product;
any product that cannot by nature be reshipped; any perishable product;
any video product;

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any press product...

The seller must reimburse the customer for all sums paid, including delivery costs, within 14 days of the recovery of the goods or the transmission of proof of the shipment of these goods.

ARTICLE 12. FORCE MAJEURE

The parties will be exonerated from their obligations, in the event that a circumstance constituting a case of force majeure as defined by article 1218 of the civil code, would prevent their execution. The obligations of the parties will be suspended.

The party invoking such a circumstance must notify the other party immediately, upon its occurrence and upon its disappearance.

Are considered as cases of force majeure all facts or circumstances that are irresistible and unforeseeable, inevitable and which cannot be prevented by the latter, despite all reasonably possible efforts, defined as such by French case law and in particular, the blocking of means of transport. or supplies, earthquakes, fires, storms, floods, lightning, and the shutdown of telecommunications networks.

If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.

ARTICLE 13. PARTIAL NULLITY

If one or more stipulations of these general conditions of sale were to be declared void by application of the law, a regulation or a final decision of a French jurisdiction, the other stipulations will retain their full force and scope.

ARTICLE 14. APPLICABLE LAW AND JURISDICTION

The seller is established in France in a stable and sustainable manner to effectively carry out its activity, regardless, in the case of a legal entity, of the location of its registered office.

Also, these GCS are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention.

In the event of a dispute or complaint, the customer will first contact the seller to obtain an amicable solution.

In the absence of an amicable agreement, the customer, if he contracts as a consumer, may initiate proceedings before the court of his choice and if he contracts as a professional, may initiate proceedings before the court of the place of the registered office. seller's social.