TERMS AND CONDITIONS OF SALE
Effective July 2016.
1. SCOPE AND PURPOSE OF THE GSVS
These General Sales Conditions (or "GSC") apply, without restriction or reservation, to all sales concluded by MAKE MY LEMONADE SAS, a simplified joint stock company with a share 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 buyers ("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 enables Internet users to acquire products as defined below. The GTC specify in particular the conditions of order or subscription, payment, delivery and management of any returns of Products ordered by Customers. The Site and the Products are aimed exclusively at private individuals and are not intended for professionals, and are therefore subject to Articles L. 111-1 et seq. of the French 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 terms and conditions apply to the exclusion of all other terms and conditions, in particular those applicable to in-store sales or sales via other distribution and marketing channels. These GCS are accessible at all times on the Site and shall prevail, where applicable, over any other version or any other contradictory document. The Customer declares that he/she has read and accepted these General Terms and Conditions of Sale by checking the appropriate box before placing an Order or subscribing to a Subscription, as well as the general terms and conditions of use of the Site. The version applicable to the Customer's purchase is that in force on the Site on the date the Order is placed or the Subscription is taken out. The Vendor reserves the right to modify the terms, conditions and references of these General Terms and Conditions at any time. The Vendor will notify the Customer of any new General Terms and Conditions, which will be deemed accepted by the Customer.
In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer. These General Terms and Conditions of Sale are in force and enforceable against users of the Site from the time they are placed online. Validation of the Order or Subscription by the Customer implies unreserved acceptance of these GCS. The Customer acknowledges having the capacity required to contract and acquire the Products offered on the Site or subscribe to a Subscription as offered on the Site. The GCS are those in force on the date the Order is placed.
These GTC are permanently accessible at the following address: www.makemylemonade.comin French only, in a format that can be printed and/or downloaded (in accordance with article 1125 of the French Civil Code), so that the customer can reproduce or save them.
These GTS and the Order or Subscription summary sent to the Customer form a single contractual document 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 non-trading individuals who are consumers and have full legal capacity. The Site does not allow the purchase of Products for resale.
By validating his/her Order or Subscription on the Site, the Buyer declares that he/she has read, understood and accepted, without reservation, the terms of said Order or Subscription, as well as the entirety of these GCS.
2. DEFINITIONS
"Subscription": paid subscription to the Services described in Article 8;
"Buyer or Customer": An individual of legal age who purchases one or more Products for his or her personal needs, or who takes out a subscription through the Site;
"Order": The Buyer's purchase order for one or more Products via the Site;
" MAKE MY LEMONADE ": Société par actions simplifiée (simplified joint stock company) with a share capital of €1,654.50, registered with the RCS PARIS under number 792 515 405, whose registered office is located at 61 Quai de Valmy - 75010 PARIS, offering the Products for sale via the Site it operates;
"Party(ies)": Buyer and/or Seller ;
" patterns de Couture": A kraft pouch containing: a pattern + an explanatory booklet illustrating in pictures and/or text the garment manufacturing steps and including the garment cutting plan + a " Make My Lemonade " label;
"Product(s)": Good(s) offered for sale on the Site ;
"Services": Services offered to Customers subscribing to a Subscription;
"Site": Merchant 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. SITE ACCESS AND TERMS OF SALE
3.1 Service access
The Site is accessible free of charge to all Users. The Site's services are normally accessible to Users 7 days a week, 24 hours a day, all year round, except in the event of voluntary interruption, notably for maintenance purposes, or for any other reason beyond the control of the Vendor, notably due to the functioning of the Internet, computer and network infrastructures necessary for the operation of the Site, or force majeure. As the Vendor is bound by its activity to an obligation of means, it may not be held liable for any prejudice whatsoever resulting from the unavailability of the Site.
3.2 Customer account
The Site is freely accessible without registration, but any Subscription or Order requires Customer registration. All fields in the account creation form must be completed, 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 may enter any telephone number: office, mobile or home. When the User creates an account on the Site, he/she will receive an account creation confirmation e-mail 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 GCS are those which appear on the Site and which are indicated as sold and dispatched by the Vendor. They are offered while stocks last. The essential characteristics of the Products are described and presented as accurately as possible 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 present a contractual character and could not engage the responsibility for the Salesman.
In the case of pattern de Couture, the latter is highlighted by means of a creation from the same pattern . This realization, as faithful as possible, proposes an example of look and material, but can in no way reflect what the customer might make of it according to his level of sewing, his tastes or his desires.
The Vendor can therefore in no way be held responsible for any difference between the visual of the creation resulting from the article ordered ( pattern ) and the personal creation made by the customer after use and manufacture.
3.4 Conditions of sale of Products and Subscription
The sale of Products and the purchase of a Subscription are carried out solely via the Site. When ordering Products or a Subscription, the Customer must fill in a form containing personal data. The information provided to the Vendor must be accurate. It is the Customer's responsibility to ensure that this information is accurate and correct at the time of subscription. The Vendor may not be held liable in the event of incorrect information being provided.
3.5 Product availability
Products are offered while stocks last. In the event of unavailability of one of the Products, the Buyer will be informed as soon as possible by e-mail and/or by a notice on the Site.
If the Order is completely unavailable, after having placed the Order the Buyer will be informed by e-mail and will be reimbursed in accordance with article L.121-20-3 of the French Consumer Code, at the latest within thirty (30) days from the date of the order. In this case, the Vendor cannot be held responsible for any prejudice suffered by the Buyer, nor liable for any damages.
4. ORDER
4.1 Placing an order
Orders are placed in French and in € (Euros). All Orders may be placed by the Buyer directly on the Site and are subject to payment. For all Orders, the Buyer is responsible for all telecommunication costs incurred when accessing the Internet and using the Site. All the steps required to place an Order are indicated on the Site.
Prior to the first Order, the Buyer must create an account on the Site. This account can be accessed at any time by the Buyer by means of his/her login details (e-mail address and password).
When placing an Order, the Purchaser agrees to provide the information requested (by opening a Customer account for the first Order and/or by completing an Order form for each Order) and undertakes to ensure the accuracy of such information.
Any Purchaser validly registered on the Site will 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 the event 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 will have the opportunity, before definitively confirming his Order, to return to the previous pages and correct and modify his Order and the information previously provided before confirming it to express his acceptance.
The Vendor cannot be held responsible for any data entry errors made by the Buyer, nor for any possible consequences in terms of late or incorrect delivery. In such cases, the Buyer will be responsible for any costs incurred by reshipment.
4.2 Order confirmation
Order confirmation is carried out in accordance with the provisions of the French Consumer Code using 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 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 Purchaser has validated the Order by "double-clicking", an e-mail acknowledging receipt of the Order and containing all 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 identity fields.
Any Order validated by the Buyer through the "double-click" process (double validation) constitutes an irrevocable acceptance which may only be challenged within the limits set out in these GTS. In particular, any Order implies express and irrevocable acceptance of the prices and descriptions of the products available for sale.
The Vendor reserves the right to suspend or cancel any Order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum 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 Subscription subscriptions.
4.3 Pre-ordering
Certain Products may be offered for Pre-Order on the Site before their official release date.
The Customer may place a Pre-Order, it being understood that he acknowledges having read the indication of the release date announced at the time of opening the Pre-Order phase.
As we are solely responsible for the marketing of our Products, the Seller reserves the right to modify 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 in the same way as a standard order, independently of the rest of the basket, which may contain other standard-order items. Only delivery is deferred to the announced release date.
Delivery of the Product will be effective a few days after the official release date.
5. PRODUCT PRICES 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 Vendor. Prices are expressed in euros, exclusive of tax and VAT, and exclude delivery charges, which remain the responsibility of the Buyer unless otherwise specified. In particular, the price does not include processing, shipping, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the Site and calculated prior to placing the order.
The price does not include any Product not intended for sale.
Prices take into account any discounts 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 Vendor reserving the right, outside this period of validity, to modify prices at any time.
The payment requested from the Customer corresponds to the total amount of the purchase, including these charges. An invoice is issued by the Vendor and given to the Customer upon delivery of the Products ordered.
The Vendor reserves the right to modify the prices of the Products presented on the Site. In any event, the Products will be invoiced to the Buyer on the basis of the prices in force at the time the Order is validated.
5.2 Terms of payment
All Orders are payable in euros, and purchases are paid for online using the Customer's bank card or Paypal account. The full amount indicated on the Order summary will be debited from the Customer's account on the day the Order is placed, or on the first payment due date in the case of payment in instalments with our partner Alma (French bank card and for a basket of between €150 and €2000).
Orders can be paid for in instalments via Alma, at no cost to the customer. By ordering through Alma, you accept Alma's Alma's general customer conditions. as well as the special Alma conditions for Make My Lemonade customers.
The Buyer warrants to the Vendor that he/she is fully authorized to use the payment card (single or multiple purchase) or Paypal account for the payment of his/her Order and that these means of payment legally give access to sufficient funds to cover all costs resulting from his/her Order on the Site. The Vendor may not be held liable for any fraudulent use of the means of payment used. The Vendor reserves the right to suspend or cancel any Order and/or delivery, whatever its nature and level of execution, in the event of non-payment of any sum due by the Buyer or in the event of a payment incident.
The different methods of payment accepted for Orders on the Site are as follows:
- Payment by credit card (Carte Bleue, Visa, Mastercard) ;
- Payment by credit card in instalments (Alma)
- Payment by Paypal account.
- Payment with Apple Pay
The data provided for credit card payment is processed by Paypal in a secure manner. The Vendor 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 Vendor 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 in progress.
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 the said Order in accordance with article 1366 new of the French Civil Code, and shall constitute payment of the sums incurred by the seizure of the Products appearing on the Order form. This validation constitutes signature and express acceptance of all operations carried out on the Site. Computerized registers, kept in the computer systems of the Vendor and its partners under reasonable security conditions, will be considered as proof of communications, Orders and payments between the Buyer and the Vendor. Purchase orders and invoices will be archived on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1379 al. 2 new of the French Civil Code.
6. DELIVERY
6.1 Delivery zones
The Products are offered worldwide, subject to the impossibility of delivery by the Seller.
For all Products shipped outside the European Union and French overseas departments and territories, the price will automatically be calculated exclusive of tax on the invoice.
6.2 Delivery methods and dates
When placing an Order, the Buyer may choose between :
- delivery to a relay point by Mondial Relay ;
- home delivery by Colissimo
- picking up the Order at the company's head office. In this case, the Buyer will not have to pay any delivery charges. The deadline for collecting the Order is one month from the date of the Order, failing which the Order will be reimbursed 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, all Products ordered will be delivered at once.
The Vendor undertakes to use its best efforts to deliver the Products ordered by the Customer within the time limits specified below. The Customer can check the status of his Order on the "My Account" section of the Site and track his parcel on the carrier's websites using the tracking number that will be sent to him electronically once the transaction has been successfully completed. However, these delivery times are given for information only.
- Mondial Relay
This delivery method guarantees delivery of the parcel within seven (7) days of dispatch. Deliveries are made from Monday to Friday, except on public holidays. The parcel is picked up by Mondial Relay and delivered to the delivery address of the relay point chosen by the Buyer. When the parcel arrives at the chosen relay point, the Purchaser will be informed by email or SMS and will have eight (8) days to collect it. Otherwise, the parcel will be returned to the sender .
- Colissimo
This delivery method guarantees delivery of the parcel within seven (7) days of dispatch. Deliveries are made from Monday to Friday, except on public holidays. The parcel is picked up by the Post Office and delivered to the delivery address indicated by the Buyer.
Free delivery in mainland France for orders over 200 euros
- Store delivery Make My Lemonade
This service is on pause!
The Vendor also offers free delivery to the boutique at 61 Quai de Valmy - 75010 PARIS from Monday to Saturday from 11am to 8pm and until 7pm on Sundays. The Order is made available at Make My Lemonade within the time indicated in the confirmation e-mail.
The parcel is delivered on presentation of the identity card and the Order number. The Customer has a maximum of thirty (14) days to collect the parcel from the Make My Lemonade boutique. The Customer must check the condition of the Products delivered.
The choice of carrier cannot be changed once payment has been made.
6.4 Delivery charges
Delivery charges are indicated on the Site. They vary according to the delivery method chosen by the Buyer and the weight of the order. The Buyer is informed of the amount of these charges before validating his/her Order.
6.5 Customs
In the event of an Order to a country other than mainland France, the Customer is the official importer of the Product(s) concerned and as such must comply with all laws and regulations of the country in which the Products are received. Customs duties or other local taxes or import duties or state taxes may be payable. These shall be borne by and the sole responsibility of the Customer. Any additional customs clearance charges will be borne by the Customer; the 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 office for further information.
6.6. No standard exchange
The Seller does not offer standard exchanges.
The Buyer has a period of fourteen (14) days after receipt of the Order to return the Products to the Vendor against reimbursement under the conditions detailed 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 Vendor, without having to give any reason or pay any penalty, for the purpose of reimbursement, provided that the Products are returned in their original packaging and in new condition with the purchase label, unworn and unwashed, no later than fourteen (14) days following notification to the Vendor of the Customer's decision to withdraw. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.), accompanied by the returns form previously filled in via the customer area. Products which do not meet these conditions, or which 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.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the cost of outward delivery (based on the cost of a standard delivery, regardless of the delivery method selected by the Customer) will be reimbursed; for the cost of returns, a contribution of €5 will be deducted from the reimbursement of the Products for all deliveries made in France. Reimbursement will be made within fourteen (14) days of receipt by the Vendor of the Products returned by the Customer in accordance with the conditions set out in the present article.
For returns from abroad (outside France), the return costs are at the customer's expense. In this case, no processing fees will be deducted from the refund of the returned item(s).
For a purchase made in the Make My Lemonade boutique, the customer has fourteen (14) days to return the item to the boutique. An exchange on the spot is possible or, if necessary, the creation of a credit note (valid 1 in the boutique or on our e-shop thanks to its unique code). The credit note will be recorded in the checkout software and printed out or shared by e-mail.
The burden of proof that the right of withdrawal has been exercised lies with the Buyer.
The Vendor reserves the right to defer reimbursement until recovery of the Product or proof of shipment of the Product by the Buyer, whichever comes first.
7.2 Limitations on the right of withdrawal
Under no circumstances may the Buyer's use of the right of withdrawal be abusive. In any event, any Order returned incomplete and those including explanatory notes, damaged, used, washed, damaged, deteriorated, soiled or consumed even partially will not be reimbursed. The Buyer may be held liable in the event 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, the Buyer may only handle and inspect them in a manner that would also be permitted in a store. For example, he or she may only try on a garment and not wear it. Consequently, 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 take out 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 gives the Customer access to all patterns de Couture products already available on the Site on the date the Subscription is taken out, in pdf format, as well as to new patterns products put online 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 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). Subscriptions may be taken out by the Customer directly on the Site and are subject to payment. For all Subscription subscriptions, the Customer is responsible for all telecommunication costs incurred when accessing the Internet and using the Site.
Before 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 can be accessed at any time by the Customer by means of his/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 the accuracy of this information.
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 " Subscribe " button. The Customer then accesses the payment page and enters his/her billing address. The Customer then confirms the Subscription subscription and proceeds to pay the first monthly instalment of the Subscription subscribed. The Customer is redirected to a confirmation page on the Site.
Any Customer validly registered on the Site will be bound by any Subscription subscription, definitively validated, having required the entry of his/her e-mail address and personal password.
In application of the provisions of article 1127-1 of the French Civil Code, the Customer will have the opportunity, before definitively validating his Subscription subscription, to return to the previous pages and correct and modify his Subscription subscription and the information previously provided, before confirming it to express his acceptance.
The Vendor cannot be held responsible for any input errors made by the Customer when subscribing to a Subscription.
8.3 Subscription confirmation
Subscription confirmation is carried out in accordance with the provisions of the French Consumer Code using the "double-click" process.
The "double click" process consists of :
- First click to place the chosen Subscription in the basket;
- A second click to validate the basket after having been able to check the contents of the subscription and to modify, if necessary, the subscription and the information relating to the payment and invoicing of the Subscription.
It is specified that validation of the Subscription subscription obliges the Customer to make immediate payment of the first monthly Subscription instalment. Once the Subscription has been validated by the Customer's "double click", an e-mail acknowledging receipt of the Subscription and containing all 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 identity fields.
Any Subscription subscription validated by the Customer through the "double-click" process (double validation) constitutes irrevocable acceptance, which may only be challenged within the limits set out in these GTS. In particular, any Subscription subscription implies express and irrevocable acceptance of the prices and descriptions of the Subscription packages offered.
The Vendor reserves the right to suspend or cancel any Subscription, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum 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 on the occasion of previous Orders or Subscription subscriptions.
8.4 Access to Services
Once subscribed, the Customer has access, via the "My Account" section on the Site, to all patterns de Couture products, as described in article 8.1. patterns de Couture can be found under the "PDF Subscription" tab. Each pattern can be downloaded in pdf format.
patterns de Couture are made available to the Customer via the Subscription he has taken out and are strictly reserved for his personal use. In this respect, patterns de Couture, to which the Customer will have access via the Subscription, may not be given away, sold or exchanged.
8.5 Prices
The Services are provided at the rates in force on the Site at the time the Customer subscribes to the Subscription. Prices are expressed in euros, before and after tax. 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 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 when the Subscription is confirmed. This invoice can be downloaded by the Customer via his Customer account.
The Vendor reserves the right to modify the prices of the Services presented on the Site. In any event, the Services will be invoiced to the Customer on the basis of the rates in force at the time the Subscription is taken out.
8.6 Terms of payment
Subscriptions are payable in euros, and payment is made online using ReCharge. When the Subscription is taken out, the Customer is debited for the first monthly instalment of the Subscription.
Monthly instalments are then debited from the Customer's account on the anniversary date of the subscription, until the end of the Subscription period. This debit is made automatically, via Hipay's 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 Vendor has no access to these data, and does not store them on its servers: for this reason, these details are systematically requested again for each new transaction on the Site.
The Customer warrants to the Vendor that he/she is fully authorized to use the payment card for the payment of his/her Subscription and that these means of payment legally give access to sufficient funds to cover all costs resulting from his/her Subscription on the Site. The Vendor cannot be held responsible for any fraudulent use of the means of payment used. The Vendor reserves the right to suspend or cancel any Subscription in the event of non-payment of any sum 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 in progress.
In all cases, the online provision of the credit card number and the final validation of the Subscription shall constitute proof of the completeness of the said Subscription in accordance with article 1366 new of the French Civil Code, and shall constitute payment of the sums incurred by the provision of the Services shown on the Subscription confirmation. This validation constitutes signature and express acceptance of all operations carried out on the Site. Computerized registers, kept in the computer systems of the Vendor and its partners under reasonable security conditions, will be considered as proof of communications, Subscriptions and payments between the Customer and the Vendor. Invoices are 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 French 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 set out in these General Terms and Conditions.
8.8 Tacit renewal
At the end of the minimum commitment period (3 months), the Subscription is tacitly renewed under the same conditions.
The Vendor must give notice at least 1 month and 8 days [A1 ] [LPF2] before the anniversary renewal date of the possibility for the Customer to object to the renewal up to 8 days before the anniversary renewal date.
The Customer may object to this by sending an e-mail to the following address: hey@makemylemonade.com or via the contact form on www.makemylemonade.com. If the Customer objects to the tacit renewal, the Subscription is terminated and all direct debits made via the ReCharge recurring payment option are stopped.
If the Customer fails to send an e-mail more than 8 days before the renewal date, the Subscription will be automatically renewed for an indefinite period. The direct debit set up when the Subscription was taken out, via the ReChargeRecurring Payment option , will then continue according to the terms described in article 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 French Intellectual Property Code and belong to the Vendor. The " Make My Lemonade " trademark, as well as all other trademarks, whether figurative or not, and more generally all other trademarks, illustrations, images and logos appearing on the articles, their accessories or their packaging, whether registered or not, are and shall remain the exclusive property of the Vendor, with the exception of any rights held by the Vendor's suppliers and partners on the visuals of their Products, on their trademarks and logos presented on the Site.
The Seller is the owner of all property rights attached to the Site and its component parts, and holds 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 GTS 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) over the names, trademarks, acronyms, logos and other distinctive signs of the Vendor, with the exception of the rights held by the Vendor's suppliers and potential partners over the visuals of their Products, 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 MAKE MY LEMONADE.
Any total or partial reproduction, modification, imitation or use of these trademarks, illustrations, images and logotypes, videos, for any reason and on any medium whatsoever, without the express prior consent of the Vendor, is strictly forbidden. The same applies to any combination or conjunction with any other trademark, symbol, logotype or, more generally, any distinctive sign intended to form a composite logo. The same applies to all patents, copyrights, designs and models, whether registered or not, which are the property of the Vendor.
The Buyer's attention is particularly drawn to the fact that patterns de Couture 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 de Couture sold on the Site is also FORBIDDEN, except by exceptional agreement within the framework of collaborations initiated by the Seller and except by specific contract.
Any reproduction, in particular 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 broadcast of patterns de Couture marketed on the Site (in whole or in part) are strictly FORBIDDEN, whatever the medium (electronic or printed).
The Vendor prohibits any deep hypertext link to the Site or any hypertext link using a transclusion technique. Any User wishing to place a simple link directly to the Site on his or her personal website must first request the Vendor's express authorization.
10. PROHIBITED CONDUCT
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 Vendor's systems, (iii) any misappropriation of the Site's system resources, (iv) any action likely to impose a disproportionate burden on the Site's infrastructure, (v) any breach of security and authentication measures, (vi) any action likely to prejudice the financial, commercial or moral rights and interests of the Vendor or of users of the Site, and more generally (vii) any breach of these GTC. It is also strictly forbidden to monetize, sell or grant all or part of access to the Site, or to the information it contains. In the event of a breach of any of the provisions of the present article, or more generally, of any laws or regulations, the Vendor reserves the right to take all appropriate measures and to initiate any legal action.
11. TRANSFER OF OWNERSHIP
The transfer of ownership of the Vendor's Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place (i) when the Customer takes physical possession of the Products when the carrier is proposed by the Vendor or (ii) when the Customer hands over the Products to the carrier of his choice.
12. SELLER'S LIABILITY AND WARRANTIES
The Products sold on the Site comply with the regulations in force in France, and their performance is compatible with non-professional use. The Products supplied by the Vendor are covered by the legal guarantee of conformity, irrespective of the right of withdrawal, for Products that appear to be defective, spoiled or damaged or that do not correspond to the Order or Subscription subscribed to, and without further payment, and by the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use, in compliance with the legislation in force.
In order to assert his rights, the Customer must inform the Vendor, in writing, of the non-conformity of the Products within a maximum period of fourteen (14) days from delivery of the Products or discovery of the hidden defects. The right of withdrawal may be exercised by sending the model withdrawal form appended to article L. 221-5 of the French Consumer Code, by post, to the following address: Make My Lemonade 61 quai de Valmy 75010, France, or by email to [email protected].
The Vendor will reimburse, replace or repair Products or parts under warranty deemed to be non-conforming or defective. Shipping costs will be reimbursed on the basis of the rate invoiced on the order invoice, and return shipping costs will be reimbursed upon presentation of receipts, up to the limit of the rate invoiced on the order invoice. Reimbursements for Products deemed to be non-conforming or defective will be made as soon as possible and at the latest within fourteen (14) days of 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 bank card and/or the Customer's Gift Card or to the Customer's Paypal account.
Once the period of fourteen (14) days allowed to the Customer to exercise his right of withdrawal has elapsed, and if the aforementioned formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by the Vendor.
The Vendor may not be held liable in the event of failure to comply with the legislation of the country to which the Products are delivered, which it is the Customer's responsibility to check, in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, or in the event of normal wear and tear of the Product, accident or force majeure.
The Vendor's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are defective.
The Seller shall not be held liable for any failure or delay in the performance of any of its obligations under these GTS which is caused by force majeure as defined by applicable law.
These cases of force majeure suspend the obligations of the Vendor, mentioned in the present GCS.
Likewise, the Vendor cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, external intrusion or the presence of computer viruses.
The Vendor cannot be held responsible for the technical availability of websites operated by third parties (including any of its partners) to which the Buyer may have access via the Site. The Vendor accepts no responsibility for the content, advertising, products and/or services available on such third-party sites, which are governed by their own terms of use.
The Vendor is not responsible for transactions between the User and any advertiser, professional or merchant to whom the User may be directed via the Site, and shall under no circumstances be a party to any disputes whatsoever with such third parties concerning, in particular, the delivery of products and/or services, warranties, representations and any other obligations whatsoever to which such third parties are bound.
The Vendor is not liable in the event of the Carrier's failure to deliver the Product(s), which failure is attributable exclusively to the Carrier in accordance with Article Art. L. 121-19-4 of the French Consumer Code.
In the event of non-delivery attributable to the carrier, the Customer must contact the carrier directly.
13. NEWSLETTER SUBSCRIPTION
The Buyer may, if he wishes, subscribe to the Newsletter published by the Vendor by ticking the corresponding box on the Site. By accepting to subscribe to the Newsletter published on the Site, the Buyer authorizes the Vendor to send e-mails to the address provided when visiting and/or subscribing to 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: [email protected].
14. MISCELLANEOUS PROVISIONS
Force Majeure. With respect to all of the Vendor's obligations under these GTS, the Vendor shall not be held liable for any delay or non-performance, 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 GCS shall not be interpreted for the future as a waiver of the obligation in question.
Invalidity of a provision. The annulment of one of the stipulations of the present GCS shall not entail the annulment of the GCS as a whole, unless the disputed stipulation can be considered, in the minds of the signatories, as substantial and determining, and its annulment would call into question the general balance of the present GCS. In the event of annulment of a stipulation of the present GCS considered to be insubstantial, the parties will endeavor to negotiate an economically equivalent clause.
Update. The Vendor reserves the right to modify these GCS at any time. In this case, the applicable conditions will be those in force 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 these GCS, the Customer expressly waives the provisions of articles 1171 and 1190 of the French Civil Code, which cannot be invoked against MAKE MY LEMONADE. Consequently, no clause of the present GCS may be deemed unwritten. In addition, any clause which raises doubt as to its interpretation shall be interpreted in favor 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 GCS, incidents of payment of the price of an Order, provision of incorrect 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 account, without any right to claim damages. The Vendor also reserves the right to refuse to contract with a Buyer who has been excluded or sanctioned for such conduct.
16. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These GCS are governed by and subject to French law. They are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
The Customer is hereby informed that, in the event of a dispute, he/she may have recourse to any alternative dispute resolution method (conciliation, for example). The customer is hereby informed that he/she may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. Art. L. 534-7) or with existing sectoral mediation bodies.
In the absence of an amicable solution within fifteen (15) days, any dispute relating to the existence, validity, interpretation, execution and performance of these GTS (or of any of its clauses) shall fall within the exclusive jurisdiction of the courts of the jurisdiction of the Vendor's registered office, or theplaintiff may, at his option, in addition to the jurisdiction of the place where the defendant resides: the jurisdiction of the place of actual delivery of the goods or of the place of performance of the service in accordance with Art.46 of the French Code of Civil Procedure.
17. PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
The Customer acknowledges that, prior to placing an Order or subscribing to a Subscription, he/she has been provided, in a legible and comprehensible manner, with these General Terms and Conditions of Sale and with all the information and details referred to in articles L. 111-1 to L. 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 Service and related costs (e.g. delivery); (iii) in the absence of immediate execution of the contract, the date or deadline by which the Vendor undertakes to deliver the Service, (iv) information concerning the Vendor's identity, postal, telephone and electronic contact details, and its activities, if these are not apparent from the context, (v) information concerning legal and contractual guarantees and their implementation procedures, (vi) the functionalities of the digital content and, where applicable, its interoperability; (vii) the possibility of recourse to the legally competent courts; (viii) information relating to the right of withdrawal, the cost of returning Products, the terms of cancellation and other important contractual conditions. The fact that a natural person (or legal entity) orders Services from the Vendor implies full and unreserved acceptance of these General Terms and Conditions of Sale, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Vendor.
18. DATA PROTECTION AND COOKIES
Pursuant to French law no. 78-17 of January 6, 1978, it is hereby reminded that the personal data requested from the Customer is necessary for the processing of Orders and the preparation of invoices, as well as for the management of Orders, to provide the personalization service and for commercial relations between the parties. This data may be communicated to any of the Vendor's partners in charge of executing, processing, managing and paying for Orders. This information and data is also kept for security purposes, 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 via the Site has been declared to the CNIL.
In accordance with current national and European regulations, the customer has a permanent right of access, modification, rectification and opposition with regard to information concerning him or her. This right may be exercised by writing to [email protected]indicating your full name, e-mail address and customer reference in order to exercise these rights.
The Site uses cookies. These are small text files stored on the User's hard disk. The data collected is intended for use by the Vendor. It is necessary for the processing and management of Customer Orders and Subscriptions, as well as for commercial relations between the Vendor and the User. They also enable the Vendor to provide the User with personalized services and to improve the relevance of the information offered. Most cookies are intended to enable or facilitate the User's browsing and are necessary for the operation of the Vendor's online store. The use of cookies, whether proprietary or third-party, that are not necessary for the operation of the Site requires the express consent of the User. The User may express his/her consent or oppose the use of cookies in the manner indicated on the Site. The User may deactivate or delete cookies by using the options of his browser.
19. CONTACT AND SELLER'S IDENTITY
Any questions concerning an Order or a Subscription should be sent by e-mail to the following address [email protected]. For any question or point not expressly mentioned, the Customer may also write to MAKE MY LEMONADE, 61 Quai de Valmy - 75010 PARIS. In the event of a complaint, the Customer must send a letter by registered post 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 société par actions simplifiée (simplified joint stock company) registered in the Paris Trade and Companies Register under number 792 515 405, having its registered office at 61 Quai de Valmy - 75010 PARIS. The Site is hosted by : ONLINE SAS, BP 438 - 75366 Paris Cedex 08.