General Conditions of Sale
These general conditions of sale apply to all sales concluded on the website https://www.lechoppe-parisienne.store subject to the specific conditions indicated in the presentation of the products.
ARTICLE 1: DESIGNATION OF THE SELLERThis site https://www.lechoppe-parisienne.store (hereinafter referred to as the "Site") is published by the company L'ÉCHOPPE PARISIENNE (hereinafter referred to as the "Seller"), a sole proprietorship registered with the Paris Trade and Companies Register under number 533 846 887, whose head office is located at 9 rue des Colonnes 75002 Paris, represented by Mrs Chanthin Chap, President, domiciled in this capacity at said head office.
The customer service contact details are: hello@lechoppe-parisienne.store
The Site is hosted by Shopify registered 426160-7 whose head office is located at: 151 O'Connor Street, Ground Floor, Ottawa, Ontario K2P 2L8 in Canada.
The Seller designs, manufactures and markets clothing, shoes, jewelry, bags and accessories (hereinafter referred to as the (“Products”)), presented on the Site throughout the world.
ARTICLE 2: GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS OF SALE
The T&Cs are applicable exclusively to the online sale of L'ÉCHOPPE PARISIENNE products on the website https://www.lechoppe-parisienne.store , which is freely accessible to all Internet users.
The General Terms and Conditions exclusively govern online sales contracts for products from L'ÉCHOPPE PARISIENNE (hereinafter professional seller) to buyers with the status of consumers (hereinafter consumers) and, together with the online order, constitute the contractual documents binding on the parties, to the exclusion of all other documents, prospectuses, catalogues or photographs of the products which have only an indicative value.
The General Terms and Conditions apply exclusively to products delivered to consumers established in France and/or in a member country of the European Union.
The General Terms and Conditions are written, as well as all contractual information mentioned on the site, in French. The General Terms and Conditions are made available to consumers on the Seller's Site where they can be consulted directly and can also be communicated to them upon simple request by telephone, email or post.
The General Terms and Conditions are binding on the consumer who acknowledges, by checking a box provided for this purpose, having read and accepted them before placing an order. Validation of the order by its confirmation constitutes acceptance by the buyer of the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by the professional Seller in accordance with Article 1127-2 of the Civil Code.
The Professional Seller reserves the right to modify its General Terms and Conditions at any time. In the event of modification of the General Terms and Conditions, the applicable General Terms and Conditions are those in force on the date of the order, a copy of which dated on that day may be provided to the consumer upon request.
The invalidity of a contractual clause does not entail the invalidity of the General Terms and Conditions unless it is an impulsive and determining clause which led one of the parties to conclude the sales contract.
The temporary or permanent non-application of one or more clauses of the GTC by the professional Seller cannot be considered a waiver on its part of the other clauses of the GTC which continue to produce their effects.
These General Terms and Conditions take precedence over any other contractual document of the customer.
ARTICLE 3: PRODUCTS
The Products offered for sale presented in the catalog published on the Site are each the subject of an optional but recommended description mentioning their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code. The photographs illustrating the Products do not constitute a contractual document. The photographs possibly accompanying the presentation of the Products may include goods that are not systematically offered for sale.
The Products comply with the requirements of French law in force relating to the safety and health of people, the fairness of commercial transactions and the protection of consumers at the time they are placed on the market. L'ÉCHOPPE PARISIENNE cannot be held responsible for any indirect damage that may arise from the purchase of the Product.
The Products are offered and delivered within the limits of available stocks. In the event of unavailability of the ordered Product noted once the price has been paid, the Seller shall immediately inform the buyer and may offer them a Product of equivalent quality and price or, failing that, a voucher for the amount of the order that can be used for any future order. In the event of disagreement by the buyer, the Seller shall reimburse the sums paid within a maximum period of twenty days. Apart from the reimbursement of the price of the unavailable Product, the Seller shall not be liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.
By accepting delivery, the buyer implicitly acknowledges that the Products delivered to him comply in every respect with his order and are delivered to him in accordance with health standards.
ARTICLE 4: PRICE
The sales prices, in accordance with Article L.112-1 of the Consumer Code, are indicated for each Product appearing on the site in the local currency of the country of delivery, including VAT where applicable, but excluding customs fees and other taxes. Customs fees and other taxes must be paid by the Customer directly to the carrier.
The total amount owed by the consumer is indicated on the order confirmation page, with the delivery and transport costs. The sale price of the Product is that in effect on the day of the order.
The online sales offers presented on the site are reserved for consumers residing in all countries around the world and for deliveries in these same geographical areas. In the event of an order delivered to a country other than metropolitan France, the customer is the importer of the products he purchases. Additional transport, delivery or postage costs, which the customer may have been aware of before ordering, are set out on the order form.
ARTICLE 5: TIME OF AVAILABILITY OF PRODUCTS
The online sales offers presented on the site are valid, in the absence of any indication of a specific duration, as long as the products appear in the electronic catalog and within the limit of available stocks. In the event of a price promotion, the Professional Seller undertakes to apply the promotional price to any order placed during the period of advertising made for the promotion.
The Professional Seller reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in force on the day of the order. The acceptance of the offer by the consumer is validated, in accordance with the double-click process, by the confirmation of the order.
In order to best meet the expectations of our customers, the availability of our products is regularly updated on our website.
If you have ordered a product that is unavailable after your order has been validated, you will be informed immediately. We will proceed to cancel your purchase. If the amount had already been debited, you will be immediately refunded.
ARTICLE 6: ORDER AND CONTRACT
To place an order, the consumer, after creating an account (indicating his first name, last name, postal address, email address and telephone number) and filling his virtual basket by indicating the selected Products and the desired quantities, then clicks on the button "Validate my basket" and provides the information relating to delivery and the payment method.
Before clicking on the "Confirm my order" button, the consumer has the possibility to check the details of his order and its total price and to return to the previous pages to correct any errors or possibly modify his order.
Validation of the order entails acceptance of the T&Cs and forms the contract.
The professional seller reserves the right to refuse any order for legitimate reasons and in particular if the quantities of products ordered are abnormally high for buyers with the status of consumers, or if there is a previous dispute regarding an unpaid amount.
You will receive an email confirming your order to the email address you provided when creating your customer account.
Check the details and total amount of your order. Correct any errors before accepting it.
Any modification of the order by the consumer after confirmation of the order is subject to acceptance by the professional Seller.
The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with Article 1360 of the Civil Code. These communications, purchase orders and invoices may be produced as proof of the contract.
Transfer of ownership of the product will only take place upon full payment of your order.
The Seller cannot be held responsible for the consequences resulting from erroneous or incomplete data provided by the buyer, in particular concerning the quantities and types of Products ordered or the delivery time slot.
The order may be terminated by the Seller in the event of the buyer's refusal to take delivery, or non-payment of the price (or the balance of the price) at the time of delivery.
ARTICLE 7: DELIVERY
Delivery means the transfer to the consumer of physical possession or control of the good.
The Products are delivered to the address indicated by the customer on the order form. Delivery is made by the direct delivery of the Product to the buyer or, failing that, by the Seller sending a notice of availability to the buyer. Within the period mentioned on this notice, the buyer must collect the Product ordered. In the absence of collection within the period indicated, the Seller may, after a formal notice from the buyer has remained without effect, collect it, automatically cancel the order and retain the deposit paid as compensation.
When the Product is delivered to the address indicated on the order form by a carrier, it is the buyer's responsibility to check the condition of the Product delivered in the presence of the delivery person and, in the event of damage or missing items, to issue reservations on the delivery note or on the transport receipt, and possibly to refuse the Product and notify the Seller.
The professional Seller undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products as soon as possible. The deadline mentioned on the Site is indicative. In the event of a group purchase of several Products, the delivery deadline applicable to the entire order corresponds to the longest deadline indicated for one of these Products. When the Product ordered is not delivered upon expiry of the deadline mentioned on the order form, the consumer may, after having unsuccessfully enjoined the Seller to fulfill its delivery obligation within a reasonable additional period, terminate the contract by email.
The risks of loss or damage to the goods are transferred to the consumer at the time he, or a third party designated by him, takes physical possession of the goods, without distinction according to their nature.
From the delivery date indicated in the purchase order, ownership of the product is transferred to the buyer.
We deliver worldwide. We deliver our products to mainland France, including Corsica and the French overseas departments and territories. Delivery takes place at the address indicated by the buyer.
We offer several delivery methods. They vary depending on the characteristics of the product purchased. The available deliveries are as follows: Chronopost, Colissimo, Mondial Relay and all other delivery methods applied by suppliers. The cost of deliveries varies depending on the type of delivery and your delivery location. Delivery times are given as an indication. They may change due to various factors such as the availability of our carrier, the processing of the order and the delivery location.
ARTICLE 8: PAYMENT TERMS
The price is due in full after confirmation of the order. Payment is made immediately upon ordering.
Several payment methods are accepted. As a customer, you have the option of paying by credit card: Carte Bleue, Visa, Eurocard, Mastercard accepted in France or Paypal. The Site has an online payment security system that encrypts the transmission of the consumer's banking data. The customer's credit card number is only sent to the bank's servers, in a secure environment.
When paying online, please enter your bank card number, its expiry date and the 3 digits on the back of the card.
An invoice showing VAT may be sent by the Seller to the customer, upon simple request from the latter addressed to the Seller.
ARTICLE 9: RIGHT OF WITHDRAWAL
Article L. 221-5 of the Consumer Code requires prior information on the conditions, time limit and procedures for exercising the right of withdrawal and communication of the standard withdrawal form, a model of which is provided in the appendix to Articles R. 121-21 and R. 121-23 of the Consumer Code.
The conditions, time limit and methods of exercising the right of withdrawal are set out in Article L. 221-5 of the Consumer Code and Articles L. 221-18 et seq. of the Consumer Code.
The information mentioned in 2o, 3o and 4o of article L. 221-5 may be provided by means of the standard information notice appearing in the appendix to article R. 221-3 of the consumer code.
The consumer has the possibility to withdraw, without giving any reason, within 14 days from the day of receipt of the goods by the consumer or the third party designated by him. To exercise the right of withdrawal, the consumer must notify the Seller's customer service, whose contact details are at the top of these General Terms and Conditions, of his name, geographical address, telephone number and email address as well as his decision to withdraw from the contract by means of an unambiguous statement.
He can use the withdrawal form template (art.15 – at the bottom of this document) but it is not obligatory. The burden of proof of the exercise of withdrawal rests on the customer.
In the event of withdrawal by the customer, the latter must return or return the goods, by post, by tracked Colissimo, addressed to L'ÉCHOPPE PARISIENNE , 9 rue des Colonnes, 75002 Paris, without undue delay and, in any event, no later than 14 days after the customer has communicated his decision to withdraw by email to hello@lechoppe-parisienne.com and by completing a document specifying the order number as well as the information below.
MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of L'ÉCHOPPE PARISIENNE , 9 rue des Colonnes 75002 PARIS
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*) below:
Ordered on (*)/received on (*):
Name of consumer(s): ____________
Address of consumer(s): ____________
Signature of the consumer(s) (only if this form is notified on paper): ____________
Date :____________
(*) Delete as appropriate.
The Product must be returned in its original condition, in its original packaging, new and unwashed.
The consumer bears the direct costs of return.
In the event of withdrawal, the Seller shall reimburse all payments received from the consumer, including delivery costs (with the exception of additional costs arising from the fact that the consumer has chosen a delivery method other than the least expensive standard delivery method offered by the publisher of the Site), without undue delay and, in any event, no later than 14 days from the day on which the publisher of the Site is informed of the decision to withdraw. The Seller may defer reimbursement until the goods have been recovered or until the consumer has provided proof of shipment of the goods; the date retained being that of the first of these facts.
The publisher of the Site will reimburse using the same means of payment as that used for the initial transaction. With the express agreement of the consumer, another means may be used. In any event, this reimbursement will not incur any additional costs for the customer.
It is recalled that the customer's liability, in the event of withdrawal after use of the good(s), is incurred with regard to the depreciation of the good(s) resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of those goods.
According to the European Commission, these manipulations are those that a consumer can carry out in a store, for the goods offered for sale there.
The right of withdrawal does not apply to Products made to the customer's specifications, and in particular to custom-made Products. Also excluded from the right of withdrawal are products that are perishable by nature, that cannot be returned (such as downloads) or that may deteriorate.
ARTICLE 10: WARRANTY AND RIGHT TO RETURN THE PRODUCT (HIDDEN DEFECT OR FAULT)
All Products supplied by the Seller benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the guarantee of hidden defects provided for in Articles 1641 to 1649 of the Civil Code Article 10 – Legal guarantee of conformity and guarantee of hidden defects.
10.1 – Implementation of the conformity guarantee
The Seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
To be in conformity with the contract, the good must be suitable for the use usually expected of a similar good and, where applicable, present the qualities that a buyer can legitimately expect in view of the public statements made by the Seller, or by his representative, in particular in advertising or labeling.
If the Product does not comply with the order, the consumer must send a complaint to the professional Seller whose contact details can be found at the top of these General Terms and Conditions.
When acting under the legal guarantee of conformity, the consumer can choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code.
A lack of conformity may appear up to 6 months after the transaction. Its existence is presumed on the day of delivery of the goods and you do not have to demonstrate the existence of the lack of conformity. The buyer is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods.
In the event of unavailability of the Products upon delivery, the professional Seller may offer, under the conditions set out in article 3§3 of the General Terms and Conditions, a Product equivalent in terms of quality and price.
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
10.2 – Implementation of the guarantee of hidden defects
The Seller is liable for the warranty against hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
The Seller is not liable for apparent defects of which the buyer was able to convince himself.
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
ARTICLE 11: CONDITIONS AND DEADLINES FOR REIMBURSEMENT
The refund of the products is complete. The delivery costs paid are included in this refund. It is made by the means of payment that you used to pay for your order as soon as possible and at the latest within 30 days from the date of exercising the right of withdrawal.
ARTICLE 12: CONSUMER COMPLAINTS
Any consumer complaint should be sent by post to the address mentioned opposite L'ÉCHOPPE PARISIENNE, 9 rue des Colonnes, 75002 Paris or by email to hello@lechoppe-parisienne.com
ARTICLE 13: INTELLECTUAL PROPERTY
All comments, images, illustrations on our site are reserved exclusively for us. Under intellectual property and copyright law, any use is prohibited except for private use.
Without prior authorization, any reproduction of our site, whether partial or total, is strictly prohibited.
ARTICLE 14: RESPONSIBILITY
In accordance with Article 1147 of the Civil Code, we assume full contractual liability towards you in the event of non-performance or poor performance of the contract concluded.
However, our contractual liability cannot be incurred in the situations mentioned below:
case of force majeure;
foreign fact which cannot be attributed to us;
insurmountable and unforeseeable act of a third party to the contract,
The photographs, illustrations, images] on our site have no contractual value. They cannot therefore engage our responsibility.
The Seller declares that it is insured with a notoriously solvent insurance company for its operating civil liability.
In all cases of non-performance of obligations by the consumer, the deposit paid when ordering remains acquired by the professional Seller as compensation.
ARTICLE 15: PERSONAL DATA
The computerized processing of personal data collected is intended for the management of orders and possibly re-exploitation for commercial purposes as regards the Seller only. In the absence of a response, the possible order cannot be processed.
Certain information relating to the customer will be transmitted to the seller (namely name, first name, address, postal code and telephone number) in order to enable the processing and delivery of the products ordered.
The commercial offers of the site will be sent to the customer by SMS, email, telephone, or post if no objection has been raised. The customer may at any time object to commercial offers free of charge by logging into their personal space or by post, the contact details of which can be found at the top of these T&Cs, or by electronic means at hello@lechoppe-parisienne.com
If the customer has previously accepted it, he may receive marketing emails or SMS from the Seller, from which he can unsubscribe, for emails, by clicking on the unsubscribe link at the bottom of each email received and for SMS by clicking on STOP in each SMS received.
Information relating to the customer may be transmitted to the site's commercial partners, unless the customer objects.
The processing of personal data, which is kept by the publisher for the sole purpose of proper administration of orders and commercial relations, is the subject of a declaration to the National Commission for Information Technology and Civil Liberties (CNIL).
Under Articles 39 and 40 of the law dated 6 January 1978, the customer has the right to access, rectify, delete and oppose their personal data. The customer exercises this right via:
his personal space
a contact form
by email to hello@lechoppe-parisienne.com
by post to L'ÉCHOPPE PARISIENNE , 9 rue des Colonnes, 75002 Paris
The Seller informs the customer that his data may be stored outside the European Union, in particular on servers used by Shopify for hosting the site. Shopify applies security measures in accordance with international standards to protect personal data. The customer is informed that his connection information, including the pages viewed and IP addresses, may be kept for the appropriate legal period.
ARTICLE 16: COMPETENT JURISDICTION AND APPLICABLE LAW
In the event of a dispute between the consumer customer and our company, the applicable law is subject to French law.
In the event of a dispute, the consumer must first contact the Seller's customer service electronically at hello@lechoppe-parisienne.store , or by post at the contact details given in the header of these General Terms and Conditions.
In the event of failure of the complaint request to the consumer service or in the absence of a response from this service within a period of two months, the consumer may submit the dispute relating to the order form or to these General Terms and Conditions opposing him to the professional Seller to the mediator of the professional federation of which the publisher of the Site is a member, who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
To submit a request for mediation, the consumer has a complaint form available on the mediator's website. The parties to the contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
In the absence of an amicable agreement, you may refer any dispute relating to the existence, interpretation, conclusion, execution or termination of the contract and all documents related to this contract to the court. The competent court will be that of the place of domicile of the defendant or that of the place of actual delivery of the item or execution of the service.