GENERAL CONDITIONS OF SALE
Effective July 2016.
1. SCOPE AND PURPOSE OF THE GCV
The present General Conditions of Sale (or "GCS") apply, without restriction nor reserve to the whole of the sales concluded by the company MAKE MY LEMONADE SAS, company by simplified shares with the capital of 1.654.50, registered in the PARIS Trade and Companies Register under number 792 515 405, whose registered office is located at 61 Quai de Valmy - 75010 PARIS, represented by its legal representative, duly authorized for the purposes hereof, ("the Vendor") to non-professional purchasers ("the Customers" or "the Customer" or "the Purchaser" or "the Purchasers"), wishing to acquire the products offered for sale by the Vendor ("the Products") on the site " www.makemylemonade.com "("the Site").
The Site is an e-commerce platform, which allows Internet users to acquire products as defined below. The GTC specify in particular the conditions of order or subscription, payment, delivery and management of possible returns of the Products ordered by the Customers. The Site and the Products are intended exclusively for private individuals and are not intended for professionals and are therefore subject to Articles L. 111-1 et seq. of the Consumer Code.
The T&Cs exclusively govern the sale of Products and the subscription of a Subscription as offered on the Site.
Acceptance of the T&Cs shall take place as soon as the Order is validated by the "double click" process as described in Article 4.2 of the T&Cs. This acceptance can only be full and complete. Any conditional acceptance is considered null and void.
These GTC apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels. These GTC are accessible at any time on the Site and will prevail, if necessary, over any other version or any other contradictory document. The Customer declares that he/she has read these GTC and accepted them by checking the box provided for this purpose before implementing the Order or Subscription procedure as well as the general terms and conditions of use of the Site. The version applicable to the Customer's purchase shall be the one in force on the Web site at the time the Order is placed or the Subscription is taken out. The Vendor reserves the right to modify the terms, conditions and mentions of these General Conditions at any time. The Seller shall notify the Customer of any new General Terms and Conditions, which shall be deemed accepted by the Customer.
In the absence of proof to the contrary, the data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Customer. These GTC are in force and enforceable against users of the Web site as soon as they are put online. Validation of the Order or Subscription by the Customer shall constitute acceptance without restriction or reservation of these GTC. The Customer acknowledges that he/she has the required capacity to contract and acquire the Products offered on the Site or to subscribe to a Subscription as offered on the Site. The GTC are those in effect on the date the Order is placed.
The present GTC are permanently accessible at the following address : www.makemylemonade.comin French only, in a computer format that allows them to be printed and/or downloaded (in accordance with the new article 1125 of the Civil Code), so that the Customer can reproduce or save them.
These GTC and the Order or Subscription summary sent to the Customer form a contractual whole summarizing all agreements between the parties.
It is specified that the purchase of Products on the Site and the subscription to a Subscription are reserved for natural persons who are not consumers and who have full legal capacity. The Site does not allow the purchase of Products for resale.
By validating his or her Order or Subscription on the Site, the Buyer declares that he or she has read, understood and accepted without reservation the terms of said Order or Subscription as well as the entirety of these GTC.
2. DEFINITIONS
"Subscription" means a paid subscription to the Services described in Section 8;
"Buyer or Customer": natural person of legal age who acquires one or more Products for his or her personal needs, or who takes out a subscription through the Site;
"Order": Buyer's purchase order for one or more Products through the Site;
" MAKE MY LEMONADE ": Simplified joint stock company with a share capital of 1.654,50 € registered at the RCS PARIS under the number 792 515 405, whose registered office is located at 61 Quai de Valmy - 75010 PARIS offering the Products for sale through the Site that it operates;
"Party(ies)": Buyer and/or Seller;
" patterns de Couture": A kraft pouch containing: a pattern + an explanatory booklet which illustrates in pictures and/or in texts the steps of manufacturing the garment and integrates the cutting plan of the garment + a label " Make My Lemonade ";
"Product(s)": Good(s) offered for sale on the Site;
"Services": Services that are offered to the Customer who subscribes to a Subscription;
"Site": Commercial site accessible from the French version of the Internet site on which MAKE MY LEMONADE, the Seller, offers the Products for sale;
"User": Any person using the Site or any of the services offered on it.
3. ACCESS TO THE SITE AND CONDITIONS OF SALE
3.1 Access to the service
The Site is accessible free of charge to any User. The services of the Site are normally accessible to the Users 7 days a week, 24 hours a day, all year long, except in case of voluntary interruption, in particular for maintenance needs, or for any other reasons not depending on the will of the Seller, in particular because of the functioning of the Internet, of the computer and network infrastructures necessary for the functioning of the Site, or of force majeure. The Seller being in fact, by its activity, held to an obligation of means, it cannot be held responsible for any prejudice of any kind, resulting from the unavailability of the Site.
3.2 Customer account
The Site is freely accessible without registration, but any Subscription or Order requires the registration of the Customer. All fields in the account creation form must be filled in, with the exception of those indicated as optional. Failure to do so will result in the account not being created. All information provided by the User must be accurate. The User can fill in a telephone number of his choice: office, mobile or home. When the User creates an account on the Site, he/she will receive an e-mail confirming the creation of the account the same day. The Seller reserves the right to delete any account that does not comply with these GTC.
3.3 Product description
The Products governed by these GTC are those which appear on the Site and which are indicated as sold and shipped by the Seller. They are offered within the limits of available stocks. The essential characteristics of the Products are described and presented with the greatest possible accuracy on the product description sheet on the Site. It is specified that the photographs of the articles or their reproduction on any other support which appear on the Site have only an indicative value, they do not have a contractual character and could not engage the responsibility for the Salesman.
In the case of a pattern de Couture, this last one is highlighted by means of a creation resulting from this same pattern . This realization, as faithful as possible, proposes an example of look and material, but would not know in no case to reflect what will be able to make it according to its level of sewing, its tastes or its desires.
The Seller cannot be held responsible for any difference between the visual of the creation resulting from the ordered article (the pattern ) and the personal realization that the customer will make after use and confection.
3.4 Conditions of sale of Products and subscription
The sale of Products and the subscription of a Subscription are carried out solely through the Site. When ordering Products or a Subscription, the Customer must fill in a form containing personal data about him/her. The information provided to the Seller must be accurate. The Customer must ensure that the information is correct and compliant at the time of subscription. The Seller shall not be held liable in the event of erroneous information being provided.
3.5 Product availability
The Products are offered within the limits of available stocks. In case of unavailability of one of the Products, the Buyer will be informed as soon as possible by e-mail and/or by a mention on the Site.
If the Order is completely unavailable, after placing the Order the Buyer will be notified by e-mail and will be reimbursed in accordance with Article L.121-20-3 of the French Consumer Code no later than thirty (30) days from the date of the order. In this case, the Seller shall not be held responsible for any prejudice suffered by the Buyer, nor shall it be liable for any damages.
4. ORDER
4.1 Placement of the Order
The Orders are placed in French language and in € (Euros). Any Order may be placed by the Buyer directly on the Site and shall entail payment. For any Order, the Buyer shall bear the telecommunication costs of accessing the Internet and using the Web Site. All the steps required to place an Order are indicated on the Site.
Prior to the first Order, the Buyer shall create an account on the Site. This account shall be accessible at all times by the Buyer using his or her login details (e-mail address and password).
When placing an Order, the Buyer agrees to provide the information requested (by opening a Customer account for the first Order and/or by filling out an Order form for each Order) and undertakes to ensure that this information is accurate.
Any Purchaser validly registered on the Site shall be bound by any Order, definitively validated, having required the entry of his/her e-mail address and personal password, subject to the right of withdrawal defined herein.
In case of prolonged inactivity during the connection, it is possible that the selection of Products chosen before this inactivity is no longer guaranteed. The Buyer will be invited to resume his selection of Products from the beginning.
Pursuant to the provisions of Article 1127-1 of the French Civil Code, the Buyer shall have the opportunity, before definitively validating his/her Order, to return to the previous pages and correct and modify his/her Order and the information previously provided before confirming it to express his/her acceptance.
The Seller shall not be held responsible for any data entry errors made by the Buyer, nor for their possible consequences in terms of delay or delivery error. In these cases, the costs incurred by a possible reshipment will be charged to the Buyer.
4.2 Order Confirmation
The confirmation of the Order is made in accordance with the provisions of the Consumer Code according to the "double click" process.
The "double click" process consists of:
- a first click to place the Product in the basket;
- a second click to validate the basket after having been able to check the contents of the Order and to modify, if necessary, the contents of the basket and the information relating to the payment and delivery of the Order.
It is specified that the validation of the Order obliges the Buyer to pay immediately for his Order. Once the Order has been validated by the Purchaser by "double-clicking", an e-mail acknowledging receipt of the Order and containing all of the above information will be sent to the Purchaser as soon as possible and at the latest at the time of delivery. The Purchaser must therefore provide a valid e-mail address when filling in the fields relating to his/her identity.
Any Order validated by the Buyer through the "double click" process (double validation) constitutes an irrevocable acceptance that can only be challenged within the limits set forth in these GTC. In particular, any Order constitutes express and irrevocable acceptance of the prices and descriptions of the products available for sale.
The Seller reserves the right to suspend or cancel any execution of an Order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including in connection with previous Orders or Subscriptions.
4.3 Pre-Order
Some Products may be offered for pre-order on the Site before their official release date.
The Customer may place a Pre-Order, it being specified that he/she acknowledges having read the indication of the release date announced at the time of the opening of the Pre-Order phase.
As we are solely responsible for the marketing of our Products, the Seller reserves the right to change this release date at any time.
In the event that certain Products are pre-ordered on the Site, the pre-order will be paid for as a regular order, independently of the rest of the basket which may contain other items in a regular order. Only the delivery is deferred to the announced release date.
The delivery of the Product will be effective a few days after the official release date.
5. PRODUCT PRICING AND PAYMENT
5.1 Prices
The Products are supplied at the prices in force on the Site at the time the Order is registered by the Seller. Prices are expressed in euros, exclusive of tax and VAT, and do not include delivery charges, which shall be borne by the Buyer unless otherwise stated or under special conditions. In particular, the price does not include processing, shipping, transportation and delivery costs, which are invoiced in addition, under the conditions indicated on the Site and calculated prior to placing the order.
Not included in the price is any Product that is not intended for sale.
The prices take into account possible reductions which would be granted by the Seller on the Site. These prices are firm and non-revisable during their period of validity, as indicated on the Site, the Seller reserving the right, outside this period of validity, to modify the prices at any time.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is issued by the Seller and given to the Customer upon delivery of the ordered Products.
The Vendor reserves the right to modify the prices of the Products presented on the Site. In any case, the Products shall be invoiced to the Buyer on the basis of the prices in force at the time of validation of the Order.
5.2 Terms of payment
All Sales Orders are payable in Euros and the payment of purchases is made online using a bank card or the Client's Paypal account. The Purchaser is debited the full amount indicated on the Order summary on the day of the Order or on the first payment date when paying in several instalments with our partner Alma (French bank card and for a basket of between €150 and €2000).
The order can be paid in several instalments through Alma and at no cost to the customer. By using Alma, you accept the general customer conditions of Alma. as well as the special Alma conditions for Make My Lemonade customers.
Buyer warrants to Seller that he/she is fully authorized to use the payment card (single or multiple purchases) or Paypal account for the payment of his/her Order and that these means of payment legally provide access to sufficient funds to cover all costs resulting from his/her Order on the Site. The Seller shall not be held responsible for any fraudulent use of the payment method used. Seller reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment of any amount due by Buyer or in the event of a payment incident.
The different methods of payment accepted for Orders on the Site are the following:
- Payment by credit card (credit card, Visa, Mastercard);
- Payment by credit card in several installments (Alma)
- Payment by Paypal account.
The data provided for payment by credit card are processed by Paypal in a secure manner. The Seller has no access to these bank details, and does not store them on its servers: for this reason, these details are systematically requested again for any new transaction on the Site.
The Seller reserves the right to refuse to make a delivery or to honour an Order from a Buyer who has not paid in full or in part for a previous Order or with whom a payment dispute is being administered.
In all cases, the online provision of the credit card number and the final validation of the Order shall constitute proof of the completeness of said Order in accordance with Article 1366 of the French Civil Code, and shall constitute payment of the sums involved in the seizure of the Products listed on the Order form. This validation shall be deemed as signature and express acceptance of all operations carried out on the Web Site. The computerized records, kept in the computer systems of the Vendor and its partners under reasonable security conditions, shall be considered as proof of the communications, Orders and payments made between the Buyer and the Vendor. Order forms and invoices shall be archived on a reliable and durable medium in such a way as to correspond to a true and durable copy in accordance with Article 1379 al. 2 new of the French Civil Code.
6. DELIVERY
6.1 Delivery areas
The Products are offered worldwide, unless otherwise stated by the Seller.
For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding taxes automatically on the invoice.
6.2 Different delivery methods and delivery dates
When placing the Order, the Buyer has the choice between :
- delivery in a relay point by Mondial Relay;
- home delivery by Colissimo
- picking up the Order at the company's headquarters. In this case, the Buyer will not have to pay any delivery charges. The deadline for picking up the Order is one month from the date of the Order, failing which the Order will be refunded and cancelled within thirty (30) days.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.
The Vendor undertakes to make every effort to deliver the Products ordered by the Customer within the time limits specified below. Customers may check the status of their Orders on the "My Account" section of the Web site and track their packages on the carrier's Web site using the tracking number that will be communicated to them electronically once the transaction has been successfully completed. However, these delivery times are given as an indication only.
- Mondial Relay
This method of delivery guarantees the Buyer the delivery of his parcel within seven (7) days following the expedition. Deliveries are made from Monday to Friday, except on public holidays. The parcel is taken in charge by Mondial Relay and given to the delivery address of the relay point chosen by the Buyer. When the parcel arrives at the chosen relay point, the Buyer will be informed by email or SMS and will have eight (8) days to collect it. Otherwise, the package will be returned to the sender.
- Colissimo
This method of delivery guarantees the Buyer the delivery of his parcel within seven (7) days following the expedition. Deliveries are made from Monday to Friday, except on public holidays. The parcel is taken in charge by the Post Office and given to the delivery address indicated by the Purchaser.
The delivery is offered in Metropolitan France from 150 euros of purchase
- Delivery to the store Make my Lemonade
This service is on break!
The Seller also offers free delivery to the store at 61 Quai de Valmy - 75010 PARIS from Monday to Saturday from 11am to 8pm and until 7pm on Sundays. The availability of the Order in the premises of Make My Lemonade is carried out within the time indicated in the confirmation e-mail.
The delivery of the parcel is carried out on presentation of the identity card and the number of Order. The Client shall have a maximum of thirty (14) days to retrieve the Products at Make My Lemonade. The Customer is responsible for checking the condition of the Products delivered.
The choice of carrier cannot be changed once payment has been made.
6.4 Shipping costs
Delivery costs are indicated on the Site. They differ according to the delivery method chosen by the Purchaser and the weight of the order. The Buyer is informed of the amount of these costs prior to the validation of his Order.
6.5 Customs
In the event of an Order to a country other than metropolitan France, the Customer is the official importer of the Product(s) concerned and as such must respect all laws and regulations of the country where the Products are received. Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne and are the sole responsibility of the Customer. Any additional customs clearance charges will be the responsibility of Customer; Seller has no control over such charges. Customs policies vary widely from country to country, so it is the Customer's responsibility to contact the local customs department for further information if necessary.
6.6. No standard exchange
The Seller does not make standard exchanges.
Buyer shall have a period of fourteen (14) days after receipt of the Order to return the Products to Seller for a refund in accordance with the conditions set forth in Article 7.1 hereof.
For a new size, another model or another color, it is necessary to place a new Order on the Site.
7. RIGHT OF WITHDRAWAL
7.1 Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify his reasons or pay any penalty, for the purpose of reimbursement, provided that the Products are returned in their original packaging and in their new condition with the purchase label, unworn and unwashed, no later than fourteen (14) days following notification to the Seller of the Customer's decision to withdraw. Returns must be made in their original condition and complete (packaging, accessories, instructions...) accompanied by the return form previously filled in from the customer area. Products that do not meet these conditions, or that are damaged or incomplete will not be accepted. The right of withdrawal must be made by mail or e-mail to the Seller at the address mentioned herein.
In the event of exercising the right of withdrawal within the above-mentioned period, only the price of the Product(s) purchased and the outbound delivery costs (based on the cost of a standard delivery, regardless of the delivery method selected by the Customer) shall be reimbursed; for the costs of returns, a contribution of €5 shall be deducted from the reimbursement of the Products for any delivery made in France. The refund will be made within fourteen (14) days from the date of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
For returns from abroad (outside France), the return costs are charged to the customer in which case, no processing fees will be deducted from the refund of the returned items.
For a purchase made in the store Make My Lemonade, the Customer, provided with his receipt, has fourteen (14) days to return his article in the store. An exchange on the spot is possible or if necessary, the creation of a credit note (valid 1 in the store or on our e-shop thanks to its unique code). The credit note will be recorded in the cash register software and printed or shared by email.
The burden of proof for the effective exercise of the right of withdrawal lies with the Buyer.
Seller reserves the right to defer refund until the Product or proof of shipment of the Product is recovered by Buyer, whichever occurs first.
7.2 Limitations on the right of withdrawal
Under no circumstances shall the Buyer's use of the right of withdrawal be abused. In any case, any Order returned incomplete and those including the explanatory notes, damaged, used, washed, damaged, deteriorated, soiled or consumed even partially will not be refunded. The responsibility of the Buyer may be engaged in case of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the contents of the Products. To establish the nature, characteristics and proper functioning of the Products, Buyer may only handle and inspect them in a manner that would also be permitted in a store. For example, the Buyer may only try on a garment and not wear it. Therefore, the Buyer should handle and inspect the garments and the contents of pattern Couture with all due care.
8. SUBSCRIPTION
8.1 Description of Subscriptions
The Customer can subscribe to a Subscription on the site, giving him access to the following Services:
- A Subscription at €7.90 per month for at least 3 months: this Subscription allows the Customer to have access to all patterns of Sewing already marketed on the Site at the date of the subscription, in pdf format, as well as to the new patterns put on line during the subscription period. A pattern exclusive to the subscription in PDF format will be put online every 3 months. An exclusive gift Make My Lemonade will be sent to the Customer at the billing address provided by the Customer when subscribing to the Subscription every 12 months if the Customer remains a subscriber.
8.2 Subscription terms and conditions
Subscriptions are taken out in French and in € (Euros). Any Subscription subscription may be made by the Customer directly on the Site and entails an obligation to pay. For all Subscription subscriptions, the Customer shall bear the telecommunication costs for accessing the Internet and using the Site.
Prior to subscribing to a Subscription, and if the Customer has never placed an Order on the Site, the Customer must create an account on the Site. This account shall be accessible to the Customer at any time by means of his or her login details (e-mail address and password).
When subscribing to a Subscription, the Customer agrees to provide the information requested (opening a Customer account and/or Subscription subscription form) and undertakes to ensure that this information is true.
All the steps required to subscribe to a Subscription are indicated on the Site. In particular, the Customer must go to the " PDF Subscription " product sheet before clicking on the " I subscribe " button. The Customer then accesses the payment page and enters his or her billing address. The Customer then confirms the subscription and pays the first monthly instalment of the subscription. The Customer is redirected to a confirmation page on the Site.
Any Customer who is validly registered on the Site will be bound by any Subscription subscription, definitively validated, having required the entry of his e-mail address and personal password.
Pursuant to the provisions of the new Article 1127-1 of the Civil Code, the Customer will have the possibility, before definitively validating his Subscription, to return to the previous pages and correct and modify his Subscription and the information previously provided, before confirming it to express his acceptance.
The Seller shall not be held responsible for any input errors made by the Customer when subscribing to a Subscription.
8.3 Confirmation of Subscription
Confirmation of the Subscription is made in accordance with the provisions of the Consumer Code according to the "double click" process.
The "double click" process consists of:
- A first click to place the chosen Subscription in the basket;
- A second click to validate the basket after having been able to check the content of the subscription and to modify, if necessary, the subscription and the information relating to the payment and billing of the Subscription.
It is specified that validation of the Subscription subscription obliges the Customer to pay the first monthly Subscription fee immediately. Once the Subscription has been validated by the Customer by "double-clicking", an e-mail acknowledging receipt of the Subscription and containing all of this information will be sent to the Customer as soon as possible. The Customer must therefore provide a valid e-mail address when filling in the fields relating to his identity.
Any Subscription subscription validated by the Customer through the "double click" process (double validation) constitutes an irrevocable acceptance that can only be challenged within the limits set forth in these GTC. In particular, any Subscription subscription constitutes express and irrevocable acceptance of the prices and descriptions of the Subscription packages offered.
The Vendor reserves the right to suspend or cancel any execution of a Subscription, whatever its nature and level of execution, in the event of non-payment or partial payment of any amount due by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including in connection with previous Orders or Subscriptions.
8.4 Access to Services
Once subscribed, the Customer has access, via the "My Account" section on the Site, to all of patterns de Couture according to the terms and conditions described in article 8.1. The patterns Sewing books can be found under the "PDF Subscription" tab. Each pattern de Couture can be downloaded in pdf format.
The patterns are made available to the Customer via the Subscription he/she has taken out and are strictly reserved for his/her personal use. As such, the patterns of Sewing to which the Customer will have access via the Subscription may not be given, sold or exchanged.
8.5 Prices
The Services are provided at the rates in effect on the Site at the time the Customer subscribes to the Subscription. The prices are expressed in euros, exclusive of tax and VAT. The prices take into account any discounts granted by the Vendor on the Site. These prices are firm and non-revisable during their period of validity, as indicated on the Site, the Vendor reserving the right, outside this period of validity, to modify the prices at any time.
The payment requested from the Customer corresponds to the total amount of the Subscription. An invoice is issued by the Vendor upon confirmation of the Subscription. This invoice can be downloaded by the Customer through his Customer account.
The Vendor reserves the right to modify the prices of the Services presented on the Site. In any event, the Services shall be invoiced to the Customer on the basis of the rates in effect at the time of subscription.
8.6 Terms of payment
The Subscription is payable in Euros and the payment is made online through ReCharge. When subscribing to the Subscription, the Customer is debited with the first monthly payment of the Subscription
Monthly payments are then debited from the Customer's account on the anniversary date of the subscription, until the end of the Subscription. This debiting is done automatically, via the Hipay recurring payment option. The Customer's subscription to a Subscription on the Site implies acceptance of ReCharge's Recurring Payment option.
The data provided for payment is processed by ReCharge in a secure manner. The Seller has no access to this data, and does not store it on its servers: for this reason, these details are systematically requested again during any new transaction on the Site.
The Customer warrants to the Vendor that he is fully authorized to use the payment card for the payment of his Subscription and that these means of payment legally provide access to sufficient funds to cover all costs resulting from his Subscription on the Site. The Vendor shall not be held responsible for any fraudulent use of the payment method used. The Vendor reserves the right to suspend or cancel any Subscription in the event of non-payment of any amount due by the Customer or in the event of a payment incident.
The Vendor reserves the right to refuse to honor a Subscription from a Customer who has not paid in full or in part for a previous Subscription or with whom a payment dispute is being administered.
In all cases, the online provision of the credit card number and the final validation of the Subscription shall be considered proof of the entirety of the said Subscription in accordance with Article 1366 of the French Civil Code and shall be considered proof of the sums involved in the provision of the Services listed on the Subscription confirmation. This validation is equivalent to the signature and express acceptance of all operations carried out on the Site. The computerized registers, kept in the computer systems of the Vendor and its partners under reasonable security conditions, shall be considered as proof of the communications, Subscriptions and payments made between the Customer and the Vendor. Invoices shall be archived on a reliable and durable medium in such a way as to correspond to a faithful and durable copy in accordance with Article 1379 al. 2 new of the French Civil Code.
8.7 Right of withdrawal
Pursuant to Article L. 121-21-8, 13° of the Commercial Code, the Customer expressly waives his right of withdrawal.
The provisions of Article L. 121-21 of the French Commercial Code are therefore inapplicable to the subscription of a Subscription under the conditions provided for in these General Conditions.
8.8 Tacit renewal
At the end of the minimum commitment period (3 months), the Subscription is tacitly renewed under the same conditions.
Seller shall give notice no later than 1 month and 8 days [A1] [LPF2] prior to the anniversary renewal date that Customer may object to the renewal until 8 days prior to the anniversary renewal date.
Customer may object by sending an e-mail to hey@makemylemonade.com or via the contact form at www.makemylemonade.com. Customer's objection to the tacit renewal terminates the Subscription and causes the automatic debits made via the Recurring Payment option of ReCharge to cease.
If Customer fails to send an email more than 8 days prior to the renewal date, the Subscription will be automatically renewed for an indefinite period of time for the Services. The direct debit set up at the time of subscription, via the Recurring Payment option of ReCharge, will then continue as described in Section 8.6.
9. INTELLECTUAL PROPERTY
All elements published on the Site, such as sounds, images, photographs, videos, writings, animations, programs, graphic charts, utilities, databases, software, and other underlying technology are protected by the provisions of the Intellectual Property Code and belong to the Seller. The brand " Make My Lemonade " as well as all the figurative or not brands and more generally all the other brands, illustrations, images and logotypes appearing on the articles, their accessories or their packaging, whether they are registered or not, are and will remain the exclusive property of the Seller, with the exception of the rights held by the suppliers and the possible partners of the Seller on the visuals of their Products, on their brands and logos presented on the Site.
The Seller is the owner of all property rights attached to the Site and to the elements that make it up and has the required licenses. It holds all intellectual property rights and derivative rights attached to the concepts, editorial content, videos and software used and/or distributed on the Site. In general, no provision of these GTC may be interpreted as conferring on the Customer, expressly or implicitly, any right whatsoever (under the terms of a license or by any other means) on the names, trademarks, acronyms, logos and other distinctive signs of the Seller, with the exception of the rights held by the suppliers and possible partners of the Seller on the visuals of their Products, on their trademarks and logos presented on the Site.
It is therefore forbidden to reproduce, modify, transfer or exploit all or part of the Site without the express written authorization of the company MAKE MY LEMONADE.
Any total or partial reproduction, modification, imitation or use of these trademarks, illustrations, images and logos, videos, for any reason and on any medium whatsoever, without the express prior consent of the Vendor, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to all patents, copyrights, drawings and models, whether registered or not, which are the property of the Seller.
The attention of the Buyer is particularly drawn to the fact that patterns and all the elements that make up pattern de Couture, marketed on the Site, are protected by copyright (law of March 11, 1957 and law of July 3, 1985, codified in the Intellectual Property Code).
Any commercial use of pattern and the elements that make up pattern Couture is FORBIDDEN.
By extension, the sale of garments sewn from patterns is also FORBIDDEN, except in the case of exceptional agreements within the framework of collaborations at the initiative of the Seller and except for specific contracts.
Any reproduction, including printing on paper or digital duplication, must remain within the strict legal framework of private copying.
The distribution, resale, copying, lending in libraries, transfer, exchange, or any free or paid broadcasting of patterns of Sewing marketed on the Site (all or part) are strictly PROHIBITED, whatever the support (electronic or printed).
The Vendor prohibits any deep hypertext link to the Site or any hypertext link that uses a transclusion technique. A User wishing to place on his personal website a simple link referring directly to the Site, must request prior express authorization from the Seller.
10. PROHIBITED BEHAVIORS
The following are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site and any fraudulent use of data, (ii) any intrusions or attempted intrusions into the Seller's systems, (iii) any detour of the Site's system resources, (iv) any action that imposes a disproportionate burden on the infrastructure of the Site, (v) any breach of security and authentication measures, (vi) any act that may prejudice the financial, commercial or moral rights and interests of the Seller or of the users of its Site, and more generally (vii) any breach of these GTC. It is also strictly forbidden to monetize, sell or grant all or part of the access to the Site, as well as the information it contains. In the event of a breach of any of the provisions of this article or, more generally, of the laws and regulations, the Seller reserves the right to take all appropriate measures and to initiate any legal action.
11. TRANSFER OF OWNERSHIP
The transfer of ownership of the Seller's Products to the Customer shall only be made after full payment of the price by the latter, regardless of the date of delivery of said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto shall only occur (i) at the time the Customer takes physical possession of the Products when the carrier is proposed by the Seller or (ii) at the time the Customer hands over the Products to the carrier of its choice.
12. SELLER'S LIABILITY AND WARRANTIES
The Products sold on the Site comply with the regulations in force in France and have performances compatible with non-professional uses. The Products supplied by the Vendor are automatically and without further payment, independently of the right of withdrawal, in accordance with the legal provisions of the legal guarantee of conformity, for the apparently defective, damaged or damaged Products or not corresponding to the Order or the Subscription subscribed, of the legal guarantee against hidden defects resulting from a defect of material, design or manufacture affecting the delivered products and making them unsuitable for use, in accordance with the legislation in force.
In order to exercise his rights, the Customer shall inform the Seller, in writing, of the non-conformity of the Products within a maximum period of fourteen (14) days from the delivery of the Products or the discovery of the hidden defects. Theexercise of the right of withdrawal can be made by sending the model of withdrawal form appearing in appendix of the article L. 221-5 of the Code of the Consumption, by mail, at the following address: Make My Lemonade 61 quai de Valmy 75010, France, or by email to hey@makemylemonade.com.
Seller will refund, replace or repair Products or parts under warranty found to be non-conforming or defective. Shipping charges will be refunded at the rate charged in the order invoice and return shipping charges will be refunded upon presentation of receipts at the rate charged in the order invoice. Reimbursements for Products found to be non-conforming or defective shall be made as soon as possible and at the latest within fourteen (14) days following the Seller's finding of the non-conformity or hidden defect. Refunds will be made by crediting the payment method used at the time of purchase: the Customer's credit card and/or the Customer's Gift Card or on the Customer's Paypal account.
After the fourteen (14) day period allowed to the Customer to exercise his right of withdrawal and in the absence of having respected the aforementioned formalities, the Products shall be deemed to be in conformity and free of any apparent defect and no claim shall be validly accepted by the Seller.
The Seller shall not be held liable in the event of non-compliance with the legislation of the country in which the Products are delivered, which it is up to the Customer to check, in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or refund of Products that do not conform or are affected by a defect.
Seller shall not be liable for any failure to perform or delay in performing any of its obligations under these GTCs that is caused by an event of force majeure as defined by applicable law.
These cases of force majeure suspend the obligations of the Seller, mentioned in the present GTC.
Likewise, the Seller shall not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses.
The Seller shall in no way be held responsible for the technical availability of websites operated by third parties (including its possible partners) to which the Buyer would have access through the Site. The Seller shall not be liable for the content, advertising, products and/or services available on such third-party sites, which are governed by their own terms of use.
The Seller is not responsible for transactions between the User and any advertiser, professional or merchant to whom the User may be directed through the Site and shall not be party to any disputes with such third parties concerning, in particular, the delivery of products and/or services, warranties, representations and other obligations of such third parties.
The Seller is not responsible in case of failure of the Carrier in the delivery of the Product(s), failure which would be exclusively attributable to the Carrier in accordance with Art. L. 121-19-4 of the Consumer Code.
In the event of non-delivery attributable to the carrier, the Customer must contact the service of the carrier used directly.
13. SUBSCRIPTION TO NEWSLETTERS
The Buyer may, if he wishes, subscribe to the Newsletter published by the Seller by checking the corresponding box on the Site. By accepting the subscription to the Newsletter published on the Site, the Buyer authorizes the Seller to send him/her e-mails to the address he/she will have given when visiting and/or subscribing on the Site.
Unsubscribing to the Newsletter is possible at any time via the "My account" space for the Buyer and by sending an e-mail to the following address: hey@makemylemonade.com.
14. MISCELLANEOUS PROVISIONS
Force Majeure. With respect to all of Seller's obligations under these GTC, Seller shall not be liable for any delay or failure to perform, without fault or negligence on its part, in the event of force majeure as defined by applicable law.
No Waiver. The fact that one of the Parties does not avail itself of a breach by the other Party of any of the obligations referred to in these GTCs shall not be construed as a waiver of the obligation in question for the future.
Invalidity of a provision. The cancellation of one of the stipulations of the present GTC shall not entail the cancellation of the GTC as a whole, unless the disputed stipulation can be considered, in the minds of the signatories, as substantial and determining, and its cancellation would call into question the general balance of the present GTC. In the event of cancellation of one of the stipulations of the present GCS, considered as not substantial, the parties will endeavour to negotiate an economically equivalent clause.
Update. The Vendor reserves the right to modify these GTC at any time. In this case, the applicable terms and conditions shall be those in effect on the date of the Order or Subscription subscription by the Customer, unless mandatory provisions are applicable on the date of the Customer's request.
Express waiver. By accepting the present GCS, the Customer expressly waives the provisions of articles 1171 and 1190 new of the Civil Code, of which he will not be able to prevail himself against MAKE MY LEMONADE. Consequently, no clause of the present GCS could be considered as not written. Moreover, any clause which would make raise a doubt in its interpretation will have to be interpreted in favour of MAKE MY LEMONADE.
15. CONSEQUENCES OF A BREACH OF THE TERMS AND CONDITIONS BY THE CUSTOMER
In the event of non-compliance with the obligations arising from acceptance of these GTC, incidents of payment of the price of an Order, provision of erroneous information when creating an account or acts likely to harm the interests of the Vendor, the Vendor reserves the right to suspend access to the services offered on the Site or, depending on the seriousness of the acts, to terminate the Subscription and the Customer's account, without any right to claim damages or interest. The Seller also reserves the right to refuse to contract with a Buyer who has been excluded or sanctioned for such acts.
16. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These GTC are governed by and subject to French law. They are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
The Customer is informed that he may in any case resort to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The Customer is informed that he may in any case have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. cons. Art. L. 534-7) or with the existing sectorial mediation bodies.
In the absence of an amicable solution within fifteen (15) days, any dispute relating to the existence, validity, interpretation, performance and realization of these GTC (or any of its clauses) will be the exclusive competence of the courts of the jurisdiction of the head office of the Seller or theplaintiff can seize at his choice, in addition to the jurisdiction of the place where the defendant lives: the jurisdiction of the place of the effective delivery of the thing or the place of the performance of the service according to Art.46 of the code of Civil Procedure.
17. PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
The Customer acknowledges having been provided, prior to placing an Order or subscribing to a Subscription, with these GTC and all the information and details specified in Articles L. 111-1 to L. 111-7 of the French Consumer Code, and in particular 111-7 of the French Consumer Code, and in particular: (i) the essential characteristics of the Service, taking into account the communication medium used and the Service concerned, (ii) the price of the Services and related costs (e.g. delivery) ; (iii) in the absence of immediate execution of the contract, the date or deadline by which the Seller undertakes to deliver the Service, (iv) information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if not apparent from the context, (v) information relating to the legal and contractual guarantees and their implementation methods, (vi) the functionalities of the digital content and, where applicable, its interoperability; (vii) the possibility of recourse to the legally competent courts; (viii) information on the right of withdrawal, the cost of returning the Products, the terms of cancellation and other important contractual conditions. The fact that a natural person (or legal entity) orders Services from the Seller implies full and complete acceptance of these GTC, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would not be enforceable against the Seller.
18. DATA PROCESSING AND FREEDOM AND COOKIES
In accordance with the French law n° 78-17 of January 6, 1978, it is reminded that the personal data requested from the Customer is necessary for the processing of the Order and the preparation of invoices, as well as for the management of the Sales Order, the personalization of the Sales Order and the commercial relations between the parties. This information may be communicated to the Vendor's partners, if any, who are in charge of processing, managing and paying for the Orders. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and to enable the Vendor to improve and personalize the services offered and the information sent.
The processing of information communicated through the Site has been declared to the CNIL.
The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification and opposition with regard to the information concerning him. This right can be exercised by writing to hey@makemylemonade.com, indicating his name, surname, e-mail address and customer reference in order to exercise these various rights.
The Site uses cookies. These are small text files stored on the User's hard drive. The data collected is intended for use by the Vendor. They are necessary for the processing and management of Orders and Subscriptions of the Customer as well as for the commercial relations between the Seller and the User. They also enable the Vendor to provide the User with personalized services and to improve the relevance of the information offered to him/her. Most of the cookies are intended to allow or facilitate the User's navigation and are necessary for the functioning of the Seller's online store. The use of cookies, own or third party, not being necessary for the functioning of the Site requires the express consent of the User. The User can express his consent or oppose the use of cookies according to the methods indicated on the Site. The User may deactivate cookies or delete them by using the options of his browser.
19. CONTACT AND IDENTITY OF THE SELLER
Any questions regarding an Order or a Subscription should be sent by e-mail to hey@makemylemonade.com. For any question or issue not expressly mentioned, the Customer may also send a letter to MAKE MY LEMONADE, 61 Quai de Valmy - 75010 PARIS. In the event of a complaint, the Customer must send a letter by registered mail with acknowledgement of receipt, accompanied by a copy of a valid identity document, to the address indicated or by telephone on 09 67 42 23 97.
The Site is published and operated by MAKE MY LEMONADE, a simplified joint stock company registered in the Paris Trade and Companies Register under number 792 515 405, whose registered office is located at 61 Quai de Valmy - 75010 PARIS. The Site is hosted by : ONLINE SAS, BP 438 - 75366 Paris Cedex 08.
