MAISON LES CRÉATIFS
TERMS AND CONDITIONS
Parties to this deed
Between the undersigned :
- The company BOITE COCOTTE for the merchant website www.maisonlescreatifs.com whose head office is located at 12 rue Anselme, 93400 Saint Ouen Sur Seine, RCS Bobigny B 840 565 683. Referred to as the “seller”
- Any consumer visiting the website www.maisonlescreatifs.com and wishing to make a purchase on this site, designated by law as any natural person acting for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity. Referred to as the “customer or Buyer”
On the other hand, The Buyer declares:
- Have the capacity to enter into this contract.
It was explained and agreed as follows:
Preamble :
The activity of the seller is the sale of the following products, on the website www.maisonlescreatifs.com
- BOÎTE COCOTTE
- BOITE MACARONS
The parties agree that their relations will be governed exclusively by this contract, updated on 02/20/2023.
THIS STATE IT HAS BEEN AGREED AS FOLLOWS
Article n° 1: Definitions
1.1. "Customer" means any user who browses, becomes aware of, reserves, orders and/or buys a product or service offered on the site.
1.2. "Product" means any product offered on the site.
1.3. "Site" means the infrastructure developed by the Seller according to the computer formats usable on the Internet comprising data of different kinds, and in particular texts, sounds, fixed or animated images, videos, databases, intended to be consulted by the Customer to find out about its products and services.
1.4. "Internet" means different networks of servers located in various places around the world, linked together using communication networks, and communicating using a specific protocol known as TCP/IP.
1.5 “Order”: The order is the manifestation of the Customer's desire to respond to an offer that has been made on a website.
According to Article 11 of the Electronic Commerce Directive, “the service provider must acknowledge receipt of the recipient's order without undue delay and electronically. The order and the acknowledgment of receipt are considered to have been received when the parties to whom they are addressed can have access to them”.
Article n° 2: Order
Any order assumes the Customer's acceptance without restriction or reservation of these general conditions of sale.
The Customer has the option of placing his order online from the catalog on the website www.maisonlescreatifs.com
For the order to be validated, the Buyer must accept, by ticking in the specified place, these general conditions. For the contract to be validly concluded, the recipient of the offer must have had the details of his order and its total price, and the possibility of correcting any errors, before confirming this to express his invitation. When the order is placed, sent to the Seller, the latter must acknowledge receipt of the Customer's order by sending an Order Confirmation email.
Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.
The Seller undertakes to honor orders received on the website www.maisonlescreatifs.com only within the limits of available product stocks. In the absence of availability of the product, the Seller undertakes to inform the Customer by e-mail or posting on the site.
It is strictly forbidden to combine promotional codes for the same order. The website reserves the right to accept or cancel a promotional code if its use is abusive or deviates from the rules set for the current promotion.
In certain cases, in particular for non-payment, incorrect address or other problem on the Buyer's account, the seller reserves the right to block the Buyer's order until the problem is resolved.
In case of unavailability of a Product ordered, the Buyer will be informed by email or telephone according to the information specified in the customer file.
The cancellation of the order of this Product and its refund or exchange at the Buyer's choice will then be made.
For any question relating to the follow-up of an order, the Buyer can contact customer service from Monday to Friday from 10 a.m. to 4 p.m. by email at contact@maisonlescreatifs.com
Article n° 3: Withdrawal
In accordance with the provisions of Article L 121-21 of the Consumer Code, the Buyer has a period of fourteen days (14 days) from receipt of the order to exercise his right of withdrawal and notify www.maisonlescreatifs.com his wish to return the product to him, without penalty, with the exception of the return costs which remain the responsibility of the Buyer (excluding personalized products: modular and made-to-measure boxes)
Only products returned in their original packaging, as a whole and in perfect condition for resale, will be taken back. The products must not have been damaged. Any product that has been damaged will not be refunded or exchanged.
Article n° 4: Validity of the order
A summary of the order after validation will be made available to the Customer by email so that he can verify the accuracy of the data entered. In all cases, the online provision of the credit card number and the final validation of the order will be worth proof of the entirety of the said order in accordance with the provisions of the law of March 13, 2000 and will be worth payment of the sums committed by the order. This validation is worth signature and acceptance of all the operations carried out on the site.
However, in the event of fraudulent use of his bank card, the customer is invited as soon as this use is observed, to contact customer service contact@maisonlescreatifs.com. The computerized registers, kept in the Seller's computer systems, will be considered as proof, communications, orders and payments made between the parties.
It is expressly agreed that, except for manifest error on the part of the Seller, the data stored in the Seller's information system has probative value with regard to orders placed by the Customer.
Data on computer or electronic media constitute valid evidence and as such, are admissible under the same conditions and with the same probative force as any document which would be drawn up, received or kept in writing on paper. The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1348 of the Civil Code.
Article n° 5: Delivery
The delivery times indicated have as a reference the date of order and are presented in working days (Saturdays, Sundays and public holidays are not taken into account in the calculation of the delivery time). In case of force majeure,
www.maisonlescreatifs.com cannot be held responsible for late delivery.
If the customer does not pick up his package and it is returned to the Seller, the customer may then decide to have the order delivered again but will have to pay the delivery fee again.
The preparation of the order and the shipment thereof will only be carried out after confirmation of payment by the banking institutions of www.maisonlescreatifs.com. Except in cases of force majeure or during periods of exceptional closure of the online store announced on the home page of the site.
www.maisonlescreatifs.com ships orders (within the limits of available stocks) within 24 to 48 hours after receipt and confirmation of payment from Monday to Friday only, for products in stock.
Orders placed on a Saturday, Sunday or holiday will be processed the next business day.
In the event of an input error on the part of the Buyer, in particular an erroneous or incomplete delivery address, the Seller cannot be held responsible for the consequences in terms of delay or impossibility of delivery. The customer must provide a valid email address, failing which www.maisonlescreatifs.com cannot be held responsible for the consequences thereof.
All costs related to the reshipment of products due to a customer input error will be the sole responsibility of the customer.
Delivery in Metropolitan France, Monaco and Corsica:
- Delivery time:
- Shipping cost: €
When the package leaves our warehouses, the buyer receives a tracking number by email allowing him to trace the route of his order and to check that it has been delivered correctly.
Delivery for the DOM-TOM:
- Delivery time:
- Shipping cost: €
Delivery in Europe and Switzerland:
- Delivery time:
- Cost of delivery: €
Delivery rest of the world:
- Delivery time:
- Cost of delivery: €
The delivery rates will adjust to the zone in which you wish to be delivered when you insert your address.
When the package leaves our warehouses, the buyer receives a tracking number by email allowing him to trace the route of his order and to check that it has been delivered correctly.
For any delivery outside the areas indicated in advance, the Buyer may contact customer service at contact@maisonlescreatifs.com to arrange a possible delivery.
NON RECEIPT OF THE PACKAGE DESPITE THE DELIVERED STATUS:
Since the Seller is not responsible for the poor performance of the postal services, in the event of non-receipt of a package, despite the "Delivered" status when consulting the delivery data on the transport provider's site, the Buyer must contact the Service Provider's Customer Service and make a complaint.
No order will be compensated following the poor execution of the obligations of the delivery services.
DEGRADATION OF PRODUCTS ON RECEIPT:
The Seller guarantees that all products ordered on the www.maisonlescreatifs.com website leave its warehouses in perfect condition.
The Buyer, upon receipt of the package, must notify the carrier directly by email or telephone of any sign of damage, and if necessary refuse the package.
The Seller is not responsible for the bad treatment of the packages after the departure of these from its warehouses. The exchange of any damaged item can only be made after the issuance of a reservation to the carrier and the transmission of proof thereof to the Seller within 24 hours. For more information or to send this to the Seller, the Buyer may contact customer service directly at contact@maisonlescreatifs.com .
For defective items delivered, the Customer benefits from a guarantee allowing him to return them in accordance with articles L.211-4 and following of the Consumer Code.
No order will be compensated following the poor performance of the obligations of the delivery services.
Article n° 6: Returns, exchanges and refunds
In accordance with Article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception , where applicable, return costs”. No returns will be accepted after this time.
The right of withdrawal, followed by an exchange or refund will be applied as follows:
- The Buyer must complete a return request directly in his personal space on the www.maisonlescreatifs.com website.
- Following this, the Seller will contact the Buyer by email to confirm whether or not the return has been taken into account and specify the terms of return.
No return, exchange or refund will be taken into account or made if the return request has not been made online in the Buyer's personal space and then accepted.
- The products must be returned in their original packaging in new condition.
- Upon receipt of the returned products, the Seller will notify the buyer and issue a credit note or a refund.
- In the event of an exchange, the return costs are shared between the Buyer and the Seller. The Buyer returns at his own expense, the Seller bears the cost of returning the products ordered with the credit note.
- In the event of reimbursement, the return costs are entirely the responsibility of the buyer.
We inform Customers that in accordance with Article L. 221-28 of the Consumer Code , this right of withdrawal cannot be exercised for personalized products. All products in our “Modular” and “Tailor-made” ranges cannot be exchanged or refunded.
In case of exercise of the right of withdrawal within the aforementioned period, only the price of the purchased product(s) will be refunded, the return costs remain the responsibility of the Customer. Returns of products must be made in their original and complete condition (packaging, accessories, instructions, etc.) so that they can be marketed again in new condition; they must be accompanied by a copy of the proof of purchase.
Return terms:
The buyer must, after acceptance of his return by the customer service of the contact@maisonlescreatifs.com site, proceed to the return of the products in the manner set out below.
- The products must be returned in their original packaging, in perfect and new condition.
- The choice of delivery method specified by the Seller must be respected.
- The return must be made within 14 days after acceptance of it.
- The Buyer must send the tracking number of the package to the address contact@maisonlescreatifs.com as soon as it is sent.
- The products must be sent to the following address:
HOUSE THE CREATIVES
12 ANSELME STREET
93400 SAINT-OUEN
Repayment Terms :
After validation of your request by the customer service of the site www.maisonlescreatifs.com and receipt of the product, you will be reimbursed within 10 days by the same means of payment as that used when placing the order.
If they meet the return conditions, then we proceed to a credit note, exchange or refund of the product(s) according to your choice. Only one exchange, refund or credit note will be made per order. Upon receipt of your products, any credit you may have will be usable for 30 days throughout the site.
For defective items delivered, the Customer benefits from a guarantee allowing him to return them in accordance with articles L.211-4 and following of the Consumer Code. Damage of external origin, either delivery, or resulting from misuse of the product or improper use, is excluded from the warranty.
Article no. 7: Price
Prices are indicated in euros excluding tax when browsing. They take into account the VAT from the order summary page. These prices are exclusive of shipping costs, according to the amount in force.
Any change in the applicable VAT rate may be passed on to the prices of the products. Prices cannot be changed once the Customer's order has been placed.
Similarly, if one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the selling price of the items present on the Seller's site and the sales documents. The prices of the items ordered on the site and the date of the order in question are authentic.
www.maisonlescreatifs.com reserves the right to modify its prices at any time without notice and without any other formality than to make the modifications in question in the General Conditions of Sale. But undertakes to apply the prices in force which will have been indicated to you at the time when you added the product to your basket.
Article n° 8: Methods of payment
The customer has the choice of paying for his purchases by credit card via the secure payment platform Shopify Payment or PayPlug.
The buyer has the choice between these 2 platforms to make his payment by credit card. With Payplug, the buyer can make a payment in 4x free of charge for an amount less than 2000 euros. Payplug reserves the right to accept or not, instantly, the customer's split payment.
The bank details are in no way accessible to the site www.maisonlescreatifs.com, they are also not recorded by the banking organization. The contact details, card number, expiry date and cryptogram will therefore be requested for each transaction.
fight against fraud :
Control of regulations: The www.maisonlescreatifs.com website reserves the right to check the validity of the regulations, before the order is dispatched, by any means that the seller deems necessary (in particular the request for identity documents, proof of residence, etc.).
Default of Payment: www.maisonlescreatifs.com reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute would be under administration. In the event of fraud or suspicion of fraud, the Seller reserves the right to remove any member without notice or compensation.
Article n° 9: Intellectual property
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Seller. No assignment of intellectual property rights is made through these GCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
The boxes sold are registered models. The patents belong to the company Boite Cocotte, owner of the website. The Customer shall refrain from counterfeiting or modifying our goods in any way whatsoever, or permitting counterfeiting or promoting the latter in any way whatsoever. The Customer will refrain from violating any patent, trademark or any other intellectual property right related to the products sold. Our Customers, intermediaries between our company and users, are required to include in their conditions of sale the paragraph above or a text having the same scope.
Article no. 10: Personal data
In accordance with the Data Protection Act of January 6, 1978, the Customer has the rights to query, access, modify, oppose and rectify personal data concerning you. By adhering to these general conditions of sale, you consent to www.maisonlescreatifs.com collecting and using this data for the performance of this contract.
The Customer will only be contacted by the website for possible promotional offers if he subscribes to the newsletter or another promotional program. Unsubscription is immediate once the request has been made. www.maisonlescreatifs.com is committed to keeping all personal data of its customers private.
Article n° 11: Liability
The website www.maisonlescreatifs.com has, for all stages of access to the site, the ordering process, delivery, customer service or subsequent services, only an obligation of means. www.maisonlescreatifs.com cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses, or any event qualified as force major, in accordance with case law.
The computerized registers kept in the information systems of www.maisonlescreatifs.com under reasonable conditions of security, will be considered as proof of communication, orders and payments made between www.maisonlescreatifs.com and the Customer.
Article no. 12: Duration
These conditions apply for the entire duration of the online services offered by the Seller.
Article n° 13: Force majeure
The performance of the seller's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article n° 14: Applicable law
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law. In the event of a dispute or complaint, the consumer will first contact the Seller.
Article n° 15: Partial invalidity
If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation, or following a final decision of a competent jurisdiction, the other stipulations will retain all their strength and scope.
Article n° 16: Disputes
The liability of www.maisonlescreatifs.com is, in any event, limited to the amount of the order and cannot be blamed for simple errors or omissions which may have persisted despite all the precautions taken in the presentation of the products. www.maisonlescreatifs.com cannot be held responsible, towards a member or a third party, for any indirect damage, any operating loss, profit or turnover, occurring in any way whatsoever, even if such damage or loss or injury was foreseeable or if its occurrence had been brought to its attention.
Customer service
Customer service for the www.maisonlescreatifs.com site can be reached by email from Monday to Friday from 10 a.m. to 12 p.m. and 2 p.m. to 4 p.m. at contact@maisonlescreatifs.com . The service can also be reached during call taking times via Live Chat, directly on the website. The Seller will do what is in its power to respond as quickly and precisely as possible to any requests.
Update 02/20/2023