GENERAL CONDITIONS OF REMOTE SALE OF THE SHOP www.my-eco-design.com, of 1r design
(applicable from 1/11/16)
1 - COMPANY
In accordance with article 6 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy (LCEN), users of the site www.my-eco-design.com are mentioned the identity of the speakers on the creation and monitoring of this website:
The website www.my-eco-design.com is published by the company 1r design, a simplified joint stock company with a capital of 39.960 Euros, whose head office is located at 129 rue du Laurier - 73 Chambéry - telephone number: + 000 (33) 0 9 83 00 58 (open Monday to Friday from 71 a.m. to 10 p.m. and from 12 p.m. to 14 p.m.), registered in the Chambéry Trade and Companies Register under number 18 513 810, number Intra-community VAT: FR 143 46 513 810. The publication director is Mr. Sylvain DENAT, in his capacity as legal representative of the company 143r design.
The site is hosted by ITIKA, SAS with a capital of 26 Euros, registered with the RCS of Marseille under number 000 532 137, whose head office is located at 452, place de la Rotonde - 3 Marseille - Telephone: + 13014 (33) 0 4 91 42 53 - Website: www.itika.net. Manager Maxime LONGUET.
2 - PREAMBLE
The website www.my-eco-design.com, hereinafter referred to as "the Site", is an electronic commerce site accessible via the Internet network, open to any user, natural or legal person of this network, hereinafter referred to as "User". The Site offers products manufactured by the Brands and Creators partners of 1r design for sale to users browsing the site.
For the application of these General Conditions of Sale, it is agreed that the user and 1st design will be collectively referred to as the “parties”, the user who has validated an order will be referred to as the “buyer” and the recipient of the order will be referred to as “ recipient ". The rights and obligations of the user necessarily apply to the buyer and the recipient.
Any order for a product offered on the Site implies consultation and express acceptance of these General Conditions of Sale, without however this acceptance being conditioned by a handwritten signature on the part of the user.
In accordance with the provisions of Articles 1316 to 1316-4 of the Civil Code, supplemented by Decree No. 2001-272 of March 30, 2001, taken for the application of Article 1316-4 of the Civil Code and relating to the electronic signature, It is recalled that the validation of the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
The buyer must have the capacity to contract within the meaning of article 1124 of the Civil Code, i.e. be an emancipated minor or have the legal majority and not be protected within the meaning of article 425 of the Civil Code. .
3 - SUBJECT
The purpose of these General Conditions of Sale is to define the rights and obligations of the parties arising from the sale of the products offered on the Site. They regulate all the steps necessary for placing the order and ensure the follow-up of this order between the parties. They apply to all methods of placing orders offered by the Site, whether the order has been placed by Internet, by Email, by telephone or by post.
The parties agree that their relations will be governed by these General Conditions of Sale, available on the Site on the day the order is placed, except Special Conditions of Sale expressly agreed between the parties. If a condition were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France. It is specified that the user can download or print these general conditions of sale, on condition, however, not to modify them.
4 - AVAILABILITY OF PRODUCTS
The products offered for sale by 1r design are those which appear on the Site on the day of the consultation of the Site by the user, within the limit of available stocks.
1r design works, depending on the product, on the basis of a stock. Information on product availability is provided on the relevant product page:
· The products available in stock are accompanied by the mention “In stock” with an indication of the corresponding delivery time,
· Unavailable products are marked "Out of stock".
As the availability of a product can vary very quickly depending on sales, 1RDesign cannot be held responsible if the actual availability of a product is no longer the same as that indicated to the user.
5 - PRODUCT FEATURES
1r design strives to best present the essential characteristics of the products offered for sale on the Site, communicated by the Brands and Creators partners of 1r design and will make its best efforts to ensure that the photographic representation of the products on the Site is the most possible faithful to the products themselves.
The difference in perception of shapes and colors between photographs and products does not engage the responsibility of 1st design.
The products offered for sale on the Site comply with the regulations in force in France. The responsibility of 1r design can not be engaged in the event of non-compliance with the legislation of the country in which the products are delivered, which it is up to the buyer to verify.
6 - PRICE
The prices are indicated in Euro (€). They take into account any reductions as well as the VAT applicable on the day of the order. Any change in the applicable rate may be reflected in the price of the products.
1r design 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 the ordering except typographical error or omission, and subject to availability. of said products.
In the case of an order that can be delivered outside the European Union, the price excluding tax will be specified to the user in his basket if the latter informs the destination of the delivery, and during the validation of the order.
The prices are exclusive of any delivery costs provided for in article 8 of these General Terms and Conditions of Sale. The delivery costs will be indicated to the user before the validation of the order and during the confirmation of the order.
7 - CUSTOMS DUTIES
The prices do not include any customs duties, taxes, fees or various charges on the importation of goods due by the buyer or the recipient upon receipt of the order.
1r design is not obliged to verify them and / or inform the buyer thereof. To find out about them, 1r design recommends that the buyer check with the competent authorities in his department, territory or country.
8 - DELIVERY COSTS
The delivery costs are invoiced to the buyer according to the destination and the delivery method chosen.
They are specified to the user in his basket if it provides the destination and the delivery method, and will in all cases be indicated before the order is validated. These costs include the preparation, packaging and delivery of the order.
In the event that the buyer wishes the products ordered to be delivered to two separate addresses, the latter should place two separate orders. Products can only be shipped to recipients with an address in one of the delivery zones served by 1r design.
The delivery areas served by 1r design are worldwide, subject to acceptance of the order by 1r design.
9 - DELIVERY TIMES
Delivery times are indicated in each "product sheet" and can therefore be consulted before placing the order.
The products are delivered to the buyer on the date indicated before the order is confirmed.
In the event of non-payment, incorrect address or another problem concerning the placing of the order, 1r design reserves the right to block the user's order until the problem is resolved.
In case of unavailability of the ordered products, 1r design will inform the buyer as soon as possible by Email. In this case and except that the announced delivery time is greater than thirty (30) days, it is agreed between the buyer and 1r design that, in accordance with article L. 121-20-3 of the Code of consumption, 1r design undertakes, within thirty (30) days from the date of the order, either to deliver the ordered product to the buyer, or to issue a refund, or to provide him with an equivalent product.
The cancellation of the order for this product and its reimbursement will be made, if necessary, without affecting the rest of the order, which remains firm and final.
In the case of an order comprising several products, the delivery time is based on that of the product of this order with the longest time, 1st design not making partial delivery.
1r design is fully responsible towards the Internet user for the proper performance of the obligations resulting from the sale concluded at a distance, whether these obligations are to be performed by 1r design or by other service providers, without prejudice to his right of recourse against them. However, 1r design can be exempted from all or part of its responsibility by providing proof that the non-performance or poor performance of the sale is attributable, either to the buyer, or to the fact, unforeseeable and insurmountable, of a third party for sale, or a case of force majeure.
10 - PAYMENT METHODS
The price of the products ordered is payable by the buyer in full upon confirmation of the order using one of the following payment methods:
Credit card (Credit card, Visa, Mastercard, American Express);
1r design reserves the right not to accept an order from a buyer with whom there is a dispute, and also to suspend any order or any delivery, whatever their nature and level of execution following a refusal of authorization from payment by bank card from banking and insurance organizations, non-payment or partial payment. The responsibility of 1r design can in no case be engaged in this respect.
Payment secured by debit card :
Once the order has been confirmed, the buyer is automatically redirected to the server of the secure e-transactions payment platform, to make the payment there. At no time do the buyer's bank details pass through the 1r design computer system.
In the case of payment by credit card, the buyer will be debited immediately.
Secure payment by paypal:
Upon confirmation of the order, the buyer is automatically redirected to the secure payment interface of his Paypal account to make the payment. If the buyer does not yet have a Paypal account, he can create one for free in a few seconds before proceeding to payment.
Payment by bank transfer :
After confirming the order, the buyer can pay by bank transfer using the bank details you get by clicking on the link below:
The buyer must send to 1r design by Email (using our form) the proof of transfer issued by his bank within two (2) working days of the order confirmation. Beyond this period, the order would be automatically canceled.
In order to facilitate the processing of the order, 1r design recommends that the buyer print the order confirmation email and attach it to the supporting document, or failing that, to indicate the order number on plain paper. The order will be shipped as soon as 1r design has received confirmation of the transaction.
Payment by bank check:
Upon confirmation of the order, the buyer may pay by check, provided that it is issued by a bank domiciled in mainland France or Monaco.
The buyer must send the check made payable to 1r design within seven (7) working days following confirmation of the order to the address below. Beyond this period, the order would be automatically canceled.
At 1r design
129 rue du Laurier - 73 Chambéry
In order to facilitate the processing of the order, 1r design recommends that the buyer print the order confirmation email and attach it to the check, or failing that, to indicate the order number on plain paper. The order will be shipped after receipt and cashing of the check by 1r design.
11 - TRANSFER OF OWNERSHIP
The products remain the property of 1r design until full payment of the price. In the event of non-payment by the buyer of all or part of the price of the order, 1r design reserves until full payment, a right of ownership over the products sold, allowing it to repossess said products.
12 - REGISTRATION OF THE ORDER
The user can place his order with 1r design via the site www.my-eco-design.com.
The identification of the user allowing the recording of the order must contain at least the following information:
· The user must identify himself using his email address and password if he already has an account on the Site, or open a "user account" by mentioning all the information usually required for registration online if they do not yet have an account;
· The user must clearly identify the products selected with the references indicated on the site, references including color options, sizes, etc .;
· The user must also indicate the quantities requested;
· The user must also clearly indicate the information required for delivery. This concerns in particular the precise delivery address as well as any restrictions on accessibility of the place of delivery;
· The user must indicate the selected delivery method;
· Finally, the user must indicate the selected payment method.
The responsibility of 1r design can not be engaged in the event of errors made by the user in the wording of the contact details of the recipient of the order (delivery address, billing address in particular) and delivery delays or the impossibility of deliver the products ordered that these errors could cause.
13 - VALIDATION OF THE ORDER
After having read the status of his order, and once all the requested information has been completed by the user, a summary of this information and of the order will appear in the user's basket and the latter must click on “Confirm order” to definitively confirm their order. The user can then pay for his order by credit card, Paypal, bank transfer, bank check.
As soon as he validates his payment, the order is registered and the user becomes a buyer. The order form will be recorded in the computer registers of 1r design, themselves kept on a reliable and durable medium, and will be considered as proof of the contractual relations between the parties.
14 - ORDER CONFIRMATION
An email is automatically sent to the buyer to confirm the order taking, provided that the email address indicated in the order form does not contain an error. This confirmation will include the reference number of the order, the description of the products ordered as well as their amount excluding tax and including tax, details of payment and delivery costs and the delivery time.
The buyer can consult the progress of his order at any time directly from his member area if he has an account and print all the documents concerning him, including the invoice.
15 - RECEIPT OF THE ORDER
1r design takes the greatest care when packaging the orders. The packages sent are always impeccable and must be delivered to the recipient in this condition, with their guarantee bands visible and intact. If the recipient finds on receipt of the order that the package has been opened, damaged or damaged during its delivery, the recipient must refuse it or make reservations with the carrier, then notify the said reservations to the carrier by registered letter with acknowledgment. of receipt within three (3) working days of delivery of the package, a copy to be sent to 1r design.
If the delivered order contains an error or a product is defective, damaged or damaged or does not correspond to the recipient's order, the latter must notify in writing as soon as possible to customer service 1r design the reference number of the order. , the problem encountered and the product concerned.
To contact 1r design customer service, the recipient can either send an email to [email protected] either call 09 83 00 58 71, or go to the contact page of the site www.my-eco-design.com.
Subject to the merits of the request, 1r design will do everything possible to satisfy the recipient and will exchange the product.
Return costs will be reimbursed to the recipient upon presentation of supporting documents.
The stipulations of this article do not prevent the recipient from availing himself of the right of withdrawal provided for in article 19 of these General Conditions of Sale.
16 - RIGHT OF WITHDRAWAL
If the recipient is not completely satisfied with one or more of the products ordered, he can return them within seven (7) working days of receipt of the order and request their exchange or refund. The recipient must return the product (s) in perfect condition, in their original packaging and packaging, by registered Colissimo type shipment, enclosing a copy of the invoice. In addition, the risks associated with the delivery being the responsibility of the recipient of the initial order, 1r design suggests keeping the proof of deposit.
In all cases, the recipient must first contact 1r design customer service who will communicate the procedure to him.
To contact 1r design customer service, the recipient can either send an email to [email protected] either call 09 83 00 58 71, or go to the contact page of the site www.my-eco-design.com.
To obtain the refund, he must follow the procedure described above, specifying the details of the product (s) concerned. A confirmation email will be sent to the recipient upon receipt and processing of their return. The refund will be made by any means of payment within thirty (30) days of receipt by 1r design of the refund request, provided that the product has been returned to 1r design.
The refund will be equal to the total amount paid by the recipient, i.e. the price of the product (s) concerned and any outward delivery costs, the return costs remaining the responsibility of the recipient of the order. initial.
17 - RESTRICTION ON THE RIGHT OF WITHDRAWAL
In accordance with article L.121-20-2 of the Consumer Code, the right of withdrawal provided for in the event of distance selling cannot be exercised, unless the parties have expressly agreed, for contracts for the supply of goods. made to the specifications of the consumer (here the buyer) or clearly personalized or which, due to their nature, cannot be returned or are liable to deteriorate or expire quickly. The buyer's attention is therefore drawn to this potential restriction on the right of withdrawal: the right of withdrawal is not applicable to sales of products personalized at his request.
18 - GUARANTEES
Manufacturer's commercial warranty
Our products benefit from a manufacturer's warranty, the terms of which are indicated on the attached “product sheet”.
Seller's legal warranty
The products offered by the Site are subject to the legal guarantee provided for by articles 1641 and following of the Civil Code. Any guarantee is excluded in the event of misuse, negligence or lack of maintenance on the part of the recipient, as in the event of normal wear and tear of the goods or force majeure within the meaning of the jurisprudence of the French courts.
In the event of delivery of a product revealing a hidden defect, 1r design undertakes, at the buyer's choice, to reimburse the latter for the price of the product as well as any delivery costs or to exchange the product for an identical product. or a product of equivalent quality and price depending on available stocks.
To contact 1r design customer service, the recipient can either send an email to [email protected] either call 09 83 00 58 71, or go to the contact page of the site www.my-eco-design.com. These provisions are not exclusive of the right of withdrawal defined in article 19 above.
19 - RESPONSIBILITY
1r design has, for all stages of access to the site, the ordering process, delivery or services offered, only an obligation of means. 1r design cannot be held responsible for any damage of any kind, whether material, immaterial or bodily, which could result from the misuse of the products sold. The same applies to any modifications to the products resulting from the Brands and Creators partners of 1r design.
20 - FORCE MAJEURE
1r design cannot be held responsible for the total or partial non-performance of its obligations under this contract, if this non-performance is caused by an event constituting force majeure linked to irresistible, unforeseeable and external circumstances, in particular in the event of recognized disasters or bad weather, strikes by logistics providers, or any other event likely to disrupt the smooth flow of goods and IT flows.
21 - INTEGRITY OF THESE GENERAL CONDITIONS OF SALE
The invalidity in whole or in part of any of the stipulations of these General Conditions of Sale with regard to a legal or regulatory provision or a court decision that has become final does not entail the invalidity of the other provisions or of the part of the non-nullity provision.
22 - MODIFICATION OF THE GENERAL CONDITIONS OF SALE
These general conditions of sale may be subject to modifications, in particular taking into account any changes in standards. Where applicable, new general conditions of sale will apply from their date of publication on the Site. The general conditions opposable to the buyer will be those in force at the time of the order.
23 - PROTECTION OF PERSONAL DATA
Personal information is collected by 1r design as part of the order.
In application of Law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms as amended by Law n ° 2004-801 of August 6, 2004 relating to the protection of individuals With regard to the processing of personal data as well as its application texts, it is possible to obtain a right of access, rectification, modification and deletion of personal data.
24 - APPLICABLE LAW - COMPETENT JURISDICTIONS
These General Conditions of Sale in French and the contractual relations between the parties are subject to French law. In the event of a dispute, the parties reserve the right, before any legal action, to seek an amicable solution, without this however interrupting the deadlines for acting as a guarantee. Otherwise, express jurisdiction is assigned to the French courts.