TERMS OF SALES
Clause n°1: Purpose
The general conditions of sale described below detail the rights and obligations of the company Abracadabox Light / Aline Maire and her client in the context of the online sale of goods created and produced by the company Abracadabox Light / Aline Maire. Any service performed by the company Abracadabox Light / Aline Maire therefore implies the buyer's unreserved acceptance of these general conditions of sale.
The placing of an order by a buyer implies full acceptance of the general conditions of sale. The clauses appearing on this buyer's order and contrary to our general conditions of sale cannot be invoked against us. If one of the clauses of these general conditions of sale is found to be void or canceled, the other clauses will not be canceled. The fact that the company Abracadabox Light / Aline Maire does not apply at any given time any clause of these conditions, which cannot be interpreted as a waiver of the right to subsequently avail itself of said general conditions.
Clause n°2: Order
Orders are placed through the Abracadabox Light online store. Any payment by the customer constitutes a firm and definitive order.
Clause n°3: Confirmation of orders
Even in the possible absence of a written order from the buyer, thee payment of a deposit and/acceptance of receipt of the goods constitutes confirmation of the order and unreserved acceptance of these general conditions of sale by the buyer.
Clause n°4: Shipping time
The shipping time is generally 2-3 working days after receipt (collection) of payment. This deadline is for information purposes only. A shipping delay cannot be cconsidered as a reason for cancellation of the order, nor give rise to payment of damages or late penalties.
Clause n°5: Delivery
Delivery is made by postal delivery (La Poste carrier) whose shipping costs are specified before payment.
Clause n°6: Transport
The transport risk is borne in full by the buyer. Buyer must verify shipments upon arrival or handover. In the event of missing or damaged goods during transport, the buyer must make all necessary reservations on the delivery note upon receipt of said goods. These reservations must, in addition, be confirmed in writing within 3 days (not including public holidays) following delivery, by registered mail (article L133-3 of the commercial code).
Clause n°7: Return or exchange of products
No return of products can take place without the prior written consent of the company Abracadabox Light / Aline Maire and is only possible within 5 days following the date of the order. Shipping costs and risks of returns remain the responsibility of the customer. The product will be refunded once received and verified that the product has not been used or damaged.
Clause n°8: Price
Our prices are in euros, net of VAT (VAT not applicable, art 293B of the CGI). The prices of the goods sold are those in effect on the day the order is taken. They are denominated in euros and calculated excluding taxes. Consequently, they will be increased by the VAT rate (if this applies) and the packaging and transport costs applicable on the day of the order. The Charlotte Heurtier company grants itself the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when registering the order.of. Our prices are subject to change without notice, depending on economic conditions (price revision conditions and calculation formula).
Clause n°9: Discount
No discount will be granted in the event of early payment, nor in the event of purchase of several pieces, except promotions indicated on the site.
Clause n°10: Payment terms
Payment for orders is made by credit card via Stripe or Paypal.
To validate the order, the buyer must pay the total amount of the order.
Clause n°11: Late payment
For any late payment occurring after the agreed deadline and the reference deadline, a late payment penalty equal to three times the legal interest rate will be applied. The legal interest rate used is that in force on the day of delivery of the goods. This penalty is calculated on the amount excluding taxes of the amount remaining due and runs from the due date of the price without any prior notice being necessary. Forany payment after the due date, a fixed compensation of €40 will be applied to cover recovery costs.
Clause no. 12: Termination clause
If within fifteen days following the implementation of the “Late payment” clause, the buyer has not paid the remaining amounts due, the sale will be automatically canceled and may give rise to the right to the allocation of damages for the benefit of the company Abracadabox Light / Aline Maire. In the event of non-payment, 48 hours after a formal notice remains unsuccessful, the sale will be terminated automatically and may give rise to the right to the allocation of damages and interest for the benefit of the company Abracadabox Light / Aline Maire. The resolution will affect not only the order in question, but also all previous unpaid orders whether delivered/completed or in the process of being delivered/completed, and whether their payment is due or not. The sums which would be due for other deliveries, or for any other clause, will become immediately due if the company Abracadabox Light / Aline Maire did not opt for the resolution of the corresponding orders. The customer must reimburse all costs incurred by the contentious recovery of the sums due, including the fees of ministerial officers.
Clause n°13: Reservation of ownership
The company Abracadabox Light / Aline Maire retains ownership of the goods sold until full payment of the price, in principal and accessories. As such, if the customer is subject to recovery or judicial liquidation, the company Abracadabox Light / Aline Maire reserves the right to claim, within the framework of the collective procedure, the goods sold and remaining unpaid. Ownership of the goods delivered remains reserved to us until full payment of the price and its accessories. By express agreement, the company Abracadabox Light / Aline Maire reserves ownership of the goods until the last day of their full payment.
Clause n°14: Intellectual property
Acquiring a part via the Abracadabox Light websitedoes not give right to reproduction. The intellectual property of the models, drawings and others remains that of Aline Maire.
Studies, quotes, plans and documents of all kinds provided or sent by the companyAbracadabox Light / Aline Maire always remains its entire property. They must be returned upon request. They cannot be communicated, reproduced or executed by a third party without authorization. The customer undertakes to keep confidential and not to disclose in whole or in part, to any third party, the quotes, proposals, documents and/or information that the company Charlotte Heurtier would have communicated to him and of which he would have had knowledge, prior to, concomitantly or subsequent to the execution of the contract. The production remains the intellectual property of the company Abracadabox Light / Aline Maire and cannot be reproduced by the customer or a third party. The customer authorizes the company Abracadabox Light / Aline Maire to cite her name for reference.
Clause n°15: Force Majeure
The responsibility of the company Abracadabox Light / Aline Maire cannot be implemented if the non-execution or delay in the execution of one of the obligations written in these general conditions of sale results from a case of force majeure. As such, force majeure means any external, unpredictable and irresistible event within the meaning of article 1148 du Civil Code.
Clause n°16: Competent court
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law. Failing an amicable resolution, the dispute will be brought before the Avignon Commercial Court. In the event of a dispute, the Avignon commercial court will have sole jurisdiction to hear any disputes that may arise regarding the conclusion or execution of agreements concluded between us, even in the event of a warranty claim or multiple defendants. . Any order contains implicit acceptance of these agreements.