Terms and condition

TERMS AND CONDITION

www.madpeonies.fr (the “Site”) is published by the company SAS MAD PEONIES, a simplified joint stock company, with capital of €100, registered with the R.C.S of Lyon under number 920 136 850, whose head office is located at 221 c route du bouleau – 69126 BRINDAS – FRANCE (the publisher).

I – Applications of the general conditions of sale

 

The general conditions of sale (the “CGV”) detailed below apply to all orders for products and services placed via the Site (the “Products”) with the Publisher by any person (the “Customer”) .

The Customer must read the T&Cs before placing any order (the “Order”), the T&Cs being available on the Site.

 

The Publisher reserves the right to adapt or modify these General Terms and Conditions at any time. The version of the General Terms and Conditions applicable to any sale being that appearing online on the site https://madpeonies.fr at the time of the Order. Consequently, placing an Order requires full prior and unreserved acceptance of the General Conditions of Sale by the Customer by clicking on the “I have read and accept the general conditions of sale” button.

II – Website information and accessibility 

www.madpeonies.fr is an e-commerce site owned and managed by the Publisher.

The Site is open to all users of the Internet network in principle accessible 24/24, 7/7, except interruption, scheduled or not, by the Publisher or its service providers, for the needs of its maintenance and/or security or otherwise. force majeure (as defined below). The Publisher cannot be held responsible for any damage, whatever its nature, resulting from unavailability of the Site.

The Publisher does not guarantee that the Site will be free of anomalies, errors or bugs, nor that the Site will operate without breakdown or interruption. In this regard, it may freely and at its sole discretion determine any period of unavailability of the Site or its content. The Publisher cannot be held responsible for data transmission, connection or network unavailability problems.

The Publisher reserves the right to change the Site, for technical or commercial reasons. When these modifications do not alter the conditions of provision of services, in a substantial and negative manner, the Customer may be informed of the modifications that have occurred, but his acceptance is not requested.

III – Product

The products offered for sale are those described on the Site on the day of consultation of the Site by the Customer, within the limits of available stocks. These indications are automatically updated in real time. However, an error in the update, whatever its origin, does not engage the responsibility of the Publisher. As such, the Publisher cannot be held responsible for the cancellation of an Order for a Product due to exhaustion of stocks.

The Publisher takes the greatest care in the presentation and description of these products to best satisfy the Customer’s information. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.

 

The Publisher does not guarantee the accuracy or security of the information transmitted or obtained using the Site.

 

It is possible that the Customer may receive a part previously returned by another person following an Order. It is specified that the Publisher only accepts the return of Products intact, unworn, and with the original label attached, these three conditions being checked before returning the returned Products to stock.

VI – Order

Taking an order on the Site is subject to compliance with the procedure set up by the Publisher on the site including successive steps leading to validation of the Order.

The Customer can select as many Products as he wishes which will be added to the basket (the “Basket”). The Basket summarizes the Products chosen by the Customer as well as the prices and related costs. The Customer may freely modify the Basket before validation of his Order. Validation of the Order constitutes confirmation of the customer’s acceptance of the General Terms and Conditions, the Products purchased, their price as well as the associated costs.

 

The price paid when validating the Order includes VAT and shipping costs. Other taxes and fees, in particular customs, are the responsibility of the Customer who must pay them to the carrier.

 

A confirmation email summarizing the Order (products, prices, product availability, quantity, etc.) will be sent to the Customer by the Publisher. To this end, the Customer formally accepts the use of email for confirmation by the Publisher of the content of his Order. No order can be modified as long as its status is “in preparation”

 

Invoices are available in the “my account” section of the site.

VI – Refusal to process an Order

The Publisher reserves the right to withdraw at any time any Product displayed on the Site and to replace or modify any content or information appearing on the latter. Despite the Publisher’s best efforts to meet the expectations of its customers, it may be necessary for the latter to refuse to process an order after having sent the Customer the confirmation email summarizing the Order.

 

The Publisher cannot be held responsible towards the Customer or a third party due to the decision to remove a Product from the Site, or due to the decision to replace or modify any content or information appearing on this Site, or the refusal to process an Order after sending the confirmation email summarizing the Order.

 

VII – Price and paiement

The prices of the products are indicated on the Site in euros, VAT included, but excluding customs fees and other taxes.

All prices displayed are calculated including value added tax (VAT) applicable in France, which may be different depending on the invoicing country.

The Publisher reserves the right to modify its prices at any time but the products will be invoiced on the basis of the prices in force at the time of registration and payment of the order, subject to availability.

The products are payable in cash at the time of the actual Order.

Payment for purchases is made via the secure platform of our partner STRIPE. The Customer expressly acknowledges that the communication of his bank card number to the Publisher constitutes authorization to debit his Account up to the price of the products ordered. If applicable, a notification of Order cancellation for non-payment is sent to the Customer by the Publisher to the email address provided by the Customer when registering on the Site.The data recorded and kept by the Publisher constitutes proof of the Order and all past sales. The data recorded by STRIPE constitutes proof of any financial transaction between the Client and the Publisher.

VIII- DELIVERY

Deliveries are ensured by the services of Colissimo and Mondial Relay, from Monday to Saturday, depending on the option chosen by the Customer when validating their Order. The Publisher reserves the right to modify the shipping provider at the time of Dispatch. The Customer will be informed by email at that time.

 

Delivery means the transfer to the Customer of physical possession of the Products (the “Delivery”).

 

The Delivery costs applicable to the Order are those mentioned on the Site at the time of the Order.

 

When the Publisher is responsible for the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery.

 

As an exception, the risk is transferred to the Customer when the Product is handed over to the carrier when the latter is responsible for transport by the Customer and not by the Publisher.

 

Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residence address of the Customer, of a natural person of his choice or of a legal entity (delivery to his company ). Delivery cannot be made to hotels or to post office boxes.

 

If it is impossible to make the Delivery, the Publisher will endeavor to find a secure place to leave the Product. Failing this, the Product is returned to the Publisher’s warehouse upon receipt of the Product.

 

The Publisher also leaves a notice at the delivery address indicating the location of the Product and the procedure to follow to make a new Delivery. The Customer can contact the Publisher to organize Delivery at a later date.

 

The Publisher delivers Orders within a maximum period of 20 working days for Delivery in mainland France, Belgium and Luxembourg. This period is counted from the day after validation of the Order. The Publisher only delivers to Metropolitan France, Belgium, Luxembourg, Spain, Italy, the Netherlands and Portugal. The Publisher reserves the right to cancel any order outside the above-mentioned countries. The day after the putting a collection online (new collection) and throughout the month of December, the Delivery time may be increased by 10 (ten) days, given the volume of Orders.

 

In order for these deadlines to be respected, the Customer must ensure that they have communicated accurate and complete information concerning the Delivery address (such as, in particular: street number, building number, staircase number, access, names and/or intercom numbers, etc.).

 

The Publisher cannot be held responsible for delivery delays not due to its fault or justified by a case of force majeure (as defined below).

 

If the Delivery time is exceeded, the Customer may request the cancellation of the sale and obtain, within a maximum of 14 (fourteen) days of his request to this effect, the reimbursement of the sums paid on the occasion of the Order. The Publisher cannot be held responsible for any harmful consequences resulting from a delivery delay, only reimbursement of the Product by the Publisher being possible to the exclusion of any other form of compensation.

 

In all cases, if the package is returned to the sender, a second delivery will be made at the Customer’s expense.

 

If the package is returned to the sender again, it will no longer be returned to the Customer and the amount corresponding to this order, including any additional delivery costs, will remain acquired by SAS MAD PEONIES.

 

No dispute relating to the delivery itself is possible if the package appears to have been delivered, the carrier’s register being taken as proof.

 

 

IX – Return and refund 

All Products, with the exception of Earrings which cannot be returned or exchanged, must not have been worn, must be labeled, and must be returned in their original condition and packaging.

The costs and risks of returns are the sole responsibility of the Buyer (colissimo return with signature recommended). No returns will be accepted after a period of 14 days following the date on which the Buyer took possession of the Products.

Return address :

MAD PEONIES / LISA BRU

221 C ROUTE DU BOULEAU

69126 BRINDAS

Returns are processed and refunded within a maximum of 14 days.

If the Customer fails to comply with these General Terms and Conditions, the Publisher will not be able to reimburse the Products concerned. In all cases, return costs are the responsibility of the Publisher if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.

 

X – Guarantees – Limitation of liability

X.I Garantee

Buyers benefit from the legal guarantee of eviction and hidden defects.

 

No additional contractual guarantee is provided for the benefit of the Buyer, who may only rely on the legal guarantees stipulated above.

 

No guarantee can be applied in the absence of full payment of the sums owed by the Buyer to the Seller.

 

The Publisher provides no guarantee regarding any damage that could be caused by the transmission of a computer virus, a worm, a time bomb, a Trojan horse, a cancelbot, a bomb logic or any other form of programming routine designed to damage, destroy or otherwise impair any functionality of a computer or to interfere with the proper functioning thereof, including any transmission resulting from a download of any content created by the Client, the software used by the Client to download the content, the Site or the server which allows access to it. In this regard, the Customer acknowledges that it is its responsibility to install appropriate anti-virus and security software on its computer hardware and any other device in order to protect them against any bugs, viruses or other programming routines. this order proving harmful. The Customer acknowledges that it assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that it is solely responsible for any damage caused to its computer system or any loss of data resulting from the download of this content.

 

The Publisher is only required to deliver Products that comply with the contractual provisions. The Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must conform to the description and have the characteristics set out on the Site; (ii) they must be suitable for the purposes for which products of this type are generally designed; (iii) they must meet the quality and resistance criteria which are generally accepted for products of the same type and which can reasonably be expected.

X.II – X.II – Limitation of liability

The Seller’s liability can only be incurred in the event of serious, intentional or willful misconduct. In all other cases, the Seller’s liability can never be sought or incurred by the Buyers.

The Buyers guarantee and indemnify any possible liability actions against the Seller by third parties to the contract.

In any event, the Seller’s liability, if incurred, may not exceed the value of the Products covered by the contract concluded with the Buyer.

In addition, the Publisher guarantees consumers against lack of conformity and hidden defects for the Products on sale on the Site under the following conditions:

Apparent defect

The presence of an apparent defect on a Product must give rise to a complaint by email (mad.peonies@gmail.com) within three working days following Delivery. Any complaint must explain the defect concerned. Otherwise, no complaint is admissible, and no return or exchange is possible. The Product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial Order and copy of the complaint to the head office of the Publisher, after the sending an email reporting the apparent defect in the Product referred to above. Cases of apparent defect confirmed by the Publisher give rise, depending on the content of the Customer’s complaint, either to the establishment of a credit for the Customer, or to the replacement of the Product, or to the outright reimbursement of the Price to the Customer. within 14 days. In the event of non-compliance with the return procedure, no exchange or refund or credit is possible.

Non-compliance – Hidden defects

Subject to validation of non-conformity or a hidden defect by the Publisher or the manufacturer as the case may be, the Customer benefits from the following guarantees:

SAS MAD PEONIES, with capital of €100, registered with the R.C.S of Lyon under number 920136850, whose head office is located at 221 c route du bouleau 69126 BRINDAS, France, acts as guarantor within the meaning of the provisions of articles L 217 -5 et seq. of the Consumer Code and 1641 et seq. of the Civil Code.

Thus the Customer:

– benefits from a period of two (2) years from delivery of the Product to act in the event of lack of conformity of the Product,

– is exempt from providing proof of the existence of the lack of conformity of the goods during the six (6) months following delivery of the Product,

– can choose between repairing or replacing the Product, subject to the cost conditions provided for by article L217-9 of the Consumer Code;

The legal guarantee of conformity applies independently of the commercial guarantee described below.

In addition, the Customer can also implement the legal guarantee for hidden defects in the item sold, within the meaning of articles 1641 et seq. of the Civil Code. The legal guarantee against hidden defects allows the Customer, within two years from the discovery of the defect, to reimburse a Product which turns out to be unfit for its use.

The hidden defects guarantee allows the Customer to be protected against hidden defects in the Product purchased and which prevent its use or affect it to such an extent that the Customer would not have purchased it.

The Customer then has the choice between two options: keep the Product and request a reduction in the price, or return the Product and request reimbursement of the price paid, in accordance with article 1644 of the Civil Code.

In order to implement these guarantees, the Product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial Order and copy of the complaint to the head office. social network of the Publisher, after sending an e-mail indicating the reason for the return of the Product.

For all purposes, the following legal provisions are recalled:

rt. L217-4 of the Consumer Code: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »

Art. L217-5 of the Consumer Code: “The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable (a) if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; (b) if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, particularly in advertising or labeling; 2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »

Art. L217-7 of the Consumer Code: “Defects of conformity which appear within a period of twenty-four months from delivery of the good are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. »

Art. L217-8 of the Consumer Code: “The buyer has the right to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials he himself supplied. »

Art. L217-9 of the Consumer Code: “In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer’s choice if this choice results in a cost that is clearly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer. »

Art. L217-10 of the Consumer Code: “If repair and replacement of the goods are impossible, the buyer can return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer’s complaint; 2° Or if this solution cannot be done without major inconvenience for him given the nature of the property and the use he is seeking. However, the sale cannot be canceled if the lack of conformity is minor. »

Art. L217-11 of the Consumer Code: “The application of the provisions of articles L. 217-9 and L. 217-10 takes place without any cost for the buyer. These same provisions do not prevent the award of damages. »

Art. L217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed two years from the delivery of the good. »

Art. L217-13 of the Consumer Code: “The provisions of this section do not deprive the buyer of the right to take action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature recognized by law. »

Art. 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects in the thing sold which make 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 lower price, if he had known them. »

Art.1642 of the Civil Code: “The seller is not liable for apparent defects of which the buyer was able to convince himself. »

Art. 1643 of the Civil Code: “He is liable for hidden defects, even if he is not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee. »

Art. 1644 of the Civil Code: “In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded. »

Art. 1646 of the Civil Code: “If the seller is unaware of the defects in the thing, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale. »

Art. 1648 of the Civil Code: “The action resulting from fatal defects must be brought by the purchaser within two years from the discovery of the defect. (…) »

Force Majeure

In the event of the occurrence of a force majeure event preventing the execution of these General Terms and Conditions, the Publisher shall inform the Customer within fifteen (15) days of the occurrence of this event, by email or by registered letter. with acknowledgment of receipt. Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lock-outs, riots, boycotts or other actions of an industrial nature or disputes commercial activities, civil unrest, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal changes or regulatory forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of the Publisher or the Client without compensation to either party. Failure to pay by the Customer cannot be justified by a case of force majeure.

 

XI – Partial invalidity 

If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.

 

XII – Non-renonciation

No tolerance, inaction or inertia on the part of the Publisher may be interpreted as a waiver of its rights under the General Terms and Conditions.

 

XIII – applicable law 

The sale of Products is subject to French law.

 

In the event of a dispute, the Client and the Publisher may resort to conventional mediation. In this regard, the Publisher informs the Client of the existence of alternative methods of dispute resolution, such as mediation or arbitration.

 

The Customer can contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.

 

Any dispute relating to the interpretation of the General Conditions of Sale, to the execution or termination of a sale, to the interpretation, execution or termination hereof is subject, in the absence of amicable agreement, to the legally competent courts. .

Legal notice

Please note that the secrecy of correspondence is not guaranteed on the Internet and that it is up to each Internet user to take all appropriate measures to protect their own data and/or software from computer contamination. possible viruses circulating on the Internet.

Publisher

MAD PEONIES, simplified stock company, with capital of €100, registered with the R.C.S of Lyon under number 920136850, whose head office is at 221 c route du bouleau – 69126 BRINDAS

Contact: mad.peonies@gmail.com

II. HÉBERGEUR

Accueil – Français

III. Personnel data and cookie 

In accordance with the provisions of Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, the Site has been declared to the CNIL (Commission Nationale Informatique et Libertés) under the number.

All information in your Account is only used within the framework of your commercial relationship with www.madpeonies.fr. This information is never shared with third parties or resold. Finally, your banking information is never in our possession. Transactions are entirely processed by the company’s secure payment module STRIPE. The Site uses cookies (connection cookies), which the user is informed of when arriving on the website, which allow information relating to the computer’s navigation on the website to be recorded. These cookies are only installed after acceptance by the user, continued navigation on the website constitutes acceptance. The user can oppose the use of these cookies by configuring their browser, it being understood that access to certain services may, in certain cases, require prior acceptance by the user of cookies.