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.
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
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 Alma's general customer conditions 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.
6.1 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.
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.
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.
8.1 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 de Couture already available on the Site at the date of the Subscription, in pdf format, as well as to the new patterns put online during the Subscription period. A paper or virtual gazette is sent to the Customer at the billing address provided by the Customer when subscribing to the Subscription every 3 months, as well as a paper pattern de Couture 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.
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 the payment is processed by ReCharge in a secure way. 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 for each 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 firstname.lastname@example.org 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.