General conditions of sale applicable on the Peterandclo Ethnic Arts store
Date of entry into force: November 20, 2023
1. Object
These general conditions of sale apply without restriction or reserve to all online sales offered by the Peterandclo Ethnic Arts store on the website? ---? (below: "the site").
The site is a platform of electronic commerce, which allows Internet users (hereinafter: "Buyers") to acquire various current consumption products, put up for sale on the site (hereinafter: "Products").
The purpose of these General Conditions is to define the terms and conditions of online sale and the delivery of products, as well as define the rights and obligations of the parties within this framework.
They are accessible and printable at any time by a direct link at the bottom of the site.
The applicable version of the General Conditions is that available online on the site on the date of the buyer's order, a copy of which is sent to him with his order confirmation.
These general conditions of sale prevail on all other general or specific conditions not expressly approved by the Peterandclo Ethnic Arts store.
They can be supplemented if necessary by conditions of use specific to certain services offered on the site, which complement these general conditions and, in the event of contradiction, prevail over the latter.
2. Identity of the seller and contact
The site is operated by the Peterandclo Ethnic Arts store, a limited liability company registered with the RCS of Boulogne-sur-Mer under n ° 803054816 whose head office is located 46 rue du Moulin-62610 Nielles Les Ardres (hereinafter: The "The Peterandclo Ethnic Arts"), which offers products for sale.
The Peterandclo Ethnic Arts store can be contacted to the following contact details, in particular for any complaint:
E -mail address: by eBay messaging
3. Legal capacity and acceptance of general conditions
3.1 Legal capacity
The site is accessible:
- to any natural person with full legal capacity to commit to these general conditions. The natural person who does not have full legal capacity can only access the site with the agreement of his legal representative.
- To any legal person acting through a natural person with legal capacity to contract in the name and on behalf of the legal person.
3.2 Acceptance of general conditions
The acceptance of these general conditions by the buyer is materialized by a check box in the order form. This acceptance can only be full and whole. Any acceptance subject is considered void and not avenue.
The buyer who does not accept being bound by these general conditions must not place an order on the site.
4. Site registration
4.1 The order placing on the site requires that the buyer (i) registers by filling out the form provided for this purpose on the site and/or (ii) complete the information required to proceed with said order.
In all cases, the buyer must provide all the information marked as compulsory. Any incomplete registration will not be validated.
Registration automatically leads to the opening of an account in the name of the buyer (hereinafter: the "account"), giving it access to a personal space (hereinafter: the "personal space") which allows him to manage his purchases in a form and according to the technical means that the Peterandclo Ethnic Arts store considers the most appropriate.
The buyer guarantees that all the information he gives in the registration form is correct, up to date and sincere and is not tainted with any deceptive character.
He undertakes to update this information in his personal space in the event of modifications (in particular: change of postal address), so that they always correspond to the aforementioned criteria.
The Buyer is informed and accepts that the information entered for the purposes of creating or updating his account proves his identity. The information entered by the buyer engages it as soon as they are validated.
4.2 The buyer can access his personal space at any time after being identified using his connection identifier as well as his password.
The buyer undertakes to personally use his account and not allow any third party to use him in his place or on his behalf, except to bear the full responsibility.
He is similarly responsible for maintaining the confidentiality of his identifier and his password, any access to the site using the latter being deemed to be performed by the buyer. The latter must immediately contact the PeterandClo Ethnic Arts store to the contact details mentioned in the article "Identity of the Seller and Contact" of these he notices that his account was used without his knowledge. He recognizes the Peterandclo Ethnic Arts with the right to take all appropriate measures in such cases.
5. Product characteristics
Before any online order and in application, in particular the provisions of article L111-1 of the consumer code, the buyer can read, on the site, the characteristics of each product that he wishes to order.
The products are offered for online sale within the limits of available stocks, or subject to the possibility of ordering them if necessary.
The photographs and descriptions of the products offered for online sales are as precise as possible. They engage the Peterandclo Ethnic Arts store only for what is indicated precisely. The buyer is however informed and accepts that certain characteristics of the products and in particular their color may not correspond exactly to the photographs presented on the site, due to technical constraints.
6. Order
6.1 Ordering
To place an order, the buyer must select the product of his choice and place it in his basket.
He can access the summary of his basket at any time as long as the order is not definitively validated and can correct any errors in the entered elements.
The order is deemed to be received by the Peterandclo Ethnic Arts store when it can have access to it.
As part of his order, the buyer is invited to provide his contact details for delivery and billing. He must fill out all the fields marked as compulsory in the form provided for this purpose. Orders that do not include all the required information cannot be validated.
The buyer guarantees that all the information he gives in the order form is correct, up to date and sincere and is not tainted with any deceptive nature.
He is informed and accepts that this information is worth proof of his identity and engage it as soon as they are validated.
6.2 Order confirmation
At the end of his order, the buyer receives by email a confirmation of it which:
(i) summarize the elements of the order and the time provided for delivery,
(ii) includes the general conditions in force on the day of the order,
(iii) includes the invoice corresponding to the order.
The buyer must ensure that the contact details entered in his account or communicated when ordering are correct and that they allow him to receive the confirmation email for his order. In the absence of receipt of it, the buyer must contact the PeterandClo Ethnic Arts store to the contact details mentioned in article 2.
The Peterandclo Ethnic Arts store recommends that the buyer keep the information contained in the order confirmation.
The order confirmation is deemed to be received by the buyer when it may have access to it.
7. Payment price and terms
7.1 Price
The sale prices of products are displayed on the site.
They are indicated in euros, all taxes included (French VAT and other applicable taxes).
The PeterandClo Arts Ethnic Boutique reserves the right, to its free discretion and in terms of terms it will be the sole judge, to offer promotional offers or price reductions.
The prices are only given as an indication due to the constant evolution of the prices of suppliers of the Peterandclo Ethnic Arts store. Prices are likely to be modified at any time, especially due to variations in supplier prices, a launch offer, promotions or sales.
Prices do not include delivery costs possibly applicable to the delivery of the products, invoiced in addition to the price of these. The amount of the applicable delivery costs will be indicated before validation of the order by the buyer.
The applicable price is that displayed on the site at the time of registering the buyer's order.
Please note: apart from the European Union as well as in the French overseas departments, customs duties or local taxes are likely to be due and can be billed upon receipt of the package by the buyer, in addition to the price paid at the Peterandclo Ethnic Arts store. These rights and taxes, of which the PeterandClo Ethnic Arts store cannot determine in advance the exact amount and which it cannot therefore inform the buyer before his order, remain the responsibility of the buyer, who is solely responsible for the proper fulfillment of any declarations and/or formalities relating to it.
7.2 Payment methods
All of the price of the products is due to order, except payment in several times at no cost when such a functionality is offered.
Payment can be made online via the Ebay payment gateway:
o by bank card, through the online secure payment service indicated on the site,
o by Paypal,
'or by any other means that will be offered on the site at the time of the order.
The site also offers payment facilities (free of charge), the buyer is invited to get closer to the Peterandclo Ethnic Arts store for any question on this subject.
The Buyer guarantees at the Peterandclo Ethnic Arts store that he has the necessary authorizations to use the payment method chosen.
The PeterandClo Ethnic Arts store reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any sum which would be 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.
Penalties of an amount equal to 1.5 times (and a half) the French legal interest rate will be automatically applicable to the unpaid amounts from the first presentation of a formal notice by registered letter AR.
It is recalled that the validity of a gift voucher is one year from the date of order for said gift voucher. The gift voucher is unseat and must be spent on one and the same order. In the event that the amount of the order is less than the amount of the gift voucher, the difference in amount will not be recoverable.
7.3 Billing
The purchase invoices will be sent to the buyer by any useful means.
The buyer can access the invoice corresponding to his order in his personal space.
7.4 Reserve of ownership
The PeterandClo Ethnic Arts store retains full property of the products sold to the perfect price collection, delivery costs included.
8. Delivery
8.1 Delivery territory
The site indicates, for each product offered for sale, the possible delivery territories for this product.
The delivery of the products ordered on the site will be made at the address indicated when ordering the buyer as "delivery address" (which may be different from the billing address), provided that it is well in the possible delivery territory for the products concerned.
The buyer who wants his order to be delivered to another country can contact the Peterandclo Ethnic Arts store to the contact details referred to in article 2. The PeterandClo Ethnic Arts store will then contact him as soon as possible to tell him whether or not the delivery is or not possible and, whether it is, in which terms, particularly of delay and cost. The buyer's order can then be carried out and validated by mail exchanges.
8.2 Delivery methods
The delivery of the products ordered on the site is made at the address indicated when ordering the buyer as "delivery address" (which may be different from the billing address), which can only be located in one of the countries indicated on the site.
Different delivery methods may be possible, depending on the product categories and their weight.
The buyer is informed before the validation of his order of possible delivery methods for the ordered product as well as the deadlines and costs corresponding to each of these modes.
The buyer must select the desired delivery method and give all the information necessary for the actual delivery of the product according to this mode.
8.3 Delivery times
Delivery is made within the period indicated in the order confirmation email.
In the absence of delivery within the above period, the buyer may resolve the order, by registered letter with acknowledgment of receipt or by a writing on another sustainable medium, if, after having enjoined the PeterandClo Ethnic Arts store, in the same terms, to make the delivery within a reasonable additional time, it was not executed within this period.
The contract is considered to be resolved upon receipt by the PeterandClo Ethnic Boutique of the letter or the writing informing this resolution, unless it has been executed in the meantime.
In the event of a resolution of the contract according to the above terms, the buyer will be refunded in all the sums that he will have paid, including the delivery costs, at the latest within 14 (fourteen) days following the date on which the contract will have been denounced.
The PeterandClo Ethnic Arts store reserves the right to get closer to the buyer in order to offer alternative reimbursement solutions for the price of products and delivery costs. The buyer must express explicitly and on sustainable support his acceptance of the choice of an alternative refund mode.
9. Right of withdrawal
The buyer has a period of 14 (fourteen) days, from the date of receipt of the products ordered, to retract without having to justify reasons or to pay penalties, with the exception of the return costs which remain at his expense and which he must pay. When its order relates to several products delivered separately, the above time runs from receipt of the last product.
The buyer who wishes to exercise his right of withdrawal must send the Ethnic Arts Boutique to the contact details mentioned in article 2 of these, before the expiration of the above period, the withdrawal form annexed to these duly completed general conditions, or a declaration clearly expressing his desire to retract and comprising his order number.
The products must imperatively be returned to the PeterandClo Ethnic Arts store in their original packaging, without excessive delay and at the latest in the 14 (fourteen) calendar days depending on the communication, by the buyer, of his desire to retract. They must be accompanied by a copy of the corresponding purchase invoice. The buyer is deemed responsible in the event of deterioration of the products when they return to the Peterandclo Ethnic Arts store.
The buyer will be reimbursed as soon as possible and at the latest in the 14 (fourteen) days from the date of effective reception by the PeterandClo Ethnic Arts store of the withdrawal of all the sums paid for his order, deduction made if necessary the return costs, which remain the responsibility of the buyer. The PeterandClo Arts Ethnic Boutique reserves the right to postpone this reimbursement until the effective recovery of products.
As an exception, when any products objects of the order have been (i) unzipped by the buyer after delivery and cannot be returned for hygiene or health protection reasons (II) personalized according to the customer or clearly personalized specifications, then the buyer does not have a right of withdrawal.
Consequently, the buyer expressly renounces, in this hypothesis, to his right of withdrawal, which cannot therefore be exercised, in accordance with articles L.221-28 3 ° and L.221-28 5 ° of the Consumer Code.
Thus for masks or disguises which are individually packed under the sealed plastic bag of protective, if it appears that said protective bag is open, torn or damaged, due to the rules of elementary hygiene (in particular the COVID), the mask or disguise considered will not be taken up, nor exchanged. This health device is planned to facilitate a mask fitting without the risk of contamination.
10. Legal guarantees
The Buyer benefits from legal non-compliance guarantees as well as the hidden defects of the thing sold, including compliance defects resulting from the packaging of the products ordered on the site.
If the Buyer notes that the product delivered to him presents a defect, a lack of conformity or is damaged, he must inform the Peterandclo Ethnic Arts store to the coordinates mentioned in article 2 of these, by indicating the nature of the defect, the non-compliance or the damage noted and by sending him any useful proof, especially in the form of photography (s).
In such a hypothesis, the buyer is invited to refuse any damaged product and to note it on the refusal delivery slip.
The PeterandClo Ethnic Arts store will organize the return methods with the carrier of its choice, which it will inform the buyer by any useful means. The Peterandclo Ethnic Arts store will bear the costs of this return.
The products must imperatively be returned to the Peterandclo Ethnic Arts store in their original packaging. They must be accompanied by the copy of the corresponding purchase invoice.
The feedback from products that do not respect the terms described above cannot be taken into account.
The Peterandclo Ethnic Arts store will carry out the necessary checks and will offer the buyer the replacement of the product as far as possible. If the replacement of the product is impossible, the PeterandClo Ethnic Arts store will reimburse the buyer the full price paid for the product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest in the 14 (fourteen) days following the date on which the Peterandclo Ethnic Arts store will have informed of the impossibility of replacing the product.
It is recalled that, when it acts as a legal guarantee of conformity, any consumer:
- benefits from a period of 2 (two) years from the issuance of the property to act;
- can choose between the repair or replacement of the property, subject to the cost conditions provided for in article L217-9 of the Consumer Code;
- is exempt from bringing proof of the existence of the lack of conformity of the property during the 24 (twenty-four) months following its delivery.
It is also recalled that the legal guarantee of conformity applies independently of any commercial guarantee possibly agreed.
Any consumer can also decide to implement the guarantee against the hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.
11. Buyers' obligations
Buyers are solely responsible for the use they make of products. It is up to them to check the adequacy of products to their specific needs prior to the purchase of said products.
They must also take the necessary measures to safeguard on their own means of the information of their personal space that they deem necessary, of which no copy will be provided to them.
Finally, it is up to buyers to take all appropriate measures to protect their own data and/or software stored on their IT equipment and this against any damage.
12. Responsibility of the Peterandclo Ethnic Arts store
12.1 The PeterandClo Ethnic Arts store undertakes to regularly carry out checks in order to verify the operation and accessibility of the site. As such, the Peterandclo Ethnic Arts store reserves the right to temporarily interrupt access to the site for maintenance reasons. Likewise, the Peterandclo Ethnic Arts store cannot be held responsible for the momentary difficulties or impossibilities of access to the site which would originally have external circumstances, force majeure, or which would be due to disturbances of telecommunications networks.
12.2 The PeterandClo Ethnic Arts store provides the buyer with no warranty as to the adaptation of products to his needs, expectations or constraints.
12.3 The responsibility of the Peterandclo Ethnic Arts store cannot in any case be sought in connection with the powers claimed or supposed to be sold (amulets, talismans, others); The Peterandclo Ethnic Arts store exercising no control or moderation on said products, sold as it is and without guarantee.
12.4 The allegations concerning the powers attributed to amulets and talismans are mainly based on the words of their creators, such as monks, gurus or wizards, as well as on the testimonies of their followers. For example, an amulet to attract prosperity could be created by a monk and be deemed to be effective thanks to the testimonies of people who used it. The responsibility of the Peterandclo Ethnic Arts store could in no case be engaged in connection with these alleged powers, which are left to the appreciation of each buyer.
12.5 The PeterandClo Ethnic Arts store does not formulate any guarantee as to obtaining the result linked to the use of products, being recalled that there is no tangible (scientific or other) evidence of their efficiency. The products being only sold as a collection room and/or interior decoration without guarantee of efficiency or result; What the buyer recognizes and expressly accepts.
12.6 The buyer undertakes to do his personal business of the use of products and to get closer to a healthcare professional in the event of a question on their use. It is recalled that the Peterandclo Ethnic Arts store cannot in any case be assimilated to a healthcare professional, his responsibility being limited to the supply of products in the state, without any warranty.
12.7 The Peterandclo Ethnic Arts store cannot be held responsible for non -performance or delay in the execution of sales contracts due to circumstances external to it or a case of force majeure, being expressly specified that are considered as force majeure, in addition to those which are usually retained by the jurisprudence of French jurisdictions: exceptional bad weather, And floods, lightning, attacks, cases of rupture or blocking of telecommunications networks, means of transport or postal services including because of strikes, the damage caused by viruses for which the existing security means on the market do not allow their eradication, as well as any legal or regulatory or public obligation imposed by the competent authorities and which would have the effect of changing substantially these general conditions.
12.8 In any event, the responsibility likely to be incurred by the Peterandclo Ethnic Arts store for these is expressly limited to proven direct damage suffered by buyers
13. Intellectual property
Systems, software, structures, infrastructure, databases and content of all kinds (texts, images, visuals, music, logos, brands, databases, etc.) operated by the PeterandClo Ethnic Arts store within the site are protected by all intellectual property rights or rights producers in force. All disassembly, decompulations, decrypts, extractions, reuses, copies and more generally, all acts of reproduction, representation, dissemination and use of any of these elements, in whole or in part, without the authorization of the Peterandclo Ethnic Arts store are strictly prohibited and will be able to be the subject of legal proceedings.
The logo reproduced at the top of the present is that operated by the Peterandclo Ethnic Arts store on the site, it is recalled that the Peterandclo Ethnic Arts store reserves the right to use other logos within the framework of its commercial communications.
14. Personal data
The Peterandclo Ethnic Arts store practices a personal data protection policy, the characteristics of which are explained in the document entitled "Charter relating to the protection of personal data", whose buyer is expressly invited to read.
15. Advertisement
The PeterandClo Arts Ethnic Boutique reserves the right to insert on any page of the site and in any communication to buyers all advertising or promotional messages in a form and in conditions including the Peterandclo Ethnic Arts store will be the only judge.
16. Third -party links and sites
The PeterandClo Ethnic Arts store can in no case be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the buyer would access through the site.
The PeterandClo Ethnic Arts Boutique NEDs any responsibility for content, advertisements, products and/or services available on such third -party mobile sites and applications which are recalled that they are governed by their own conditions of use.
The Peterandclo Ethnic Arts store is not responsible for transactions between the buyer and any advertiser, professional or merchant (including his possible partners) either to whom the buyer would be oriented through the site and can in no way be part of any part of any third parties, in particular with these third parties, in particular the delivery of products and/or services, the guarantees and other obligations to which these third parties are held.
17. Prohibited behavior
17.1 are strictly prohibited: (i) All behaviors likely to interrupt, suspend, slow down or prevent the proper functioning of the site, (ii) all intrusions or attempts at intrusions in the Pterandclo Ethnic Arts store, (iii) All embezzlement of the site system resources, (iv) All actions likely to impose a disproportionate charge on the infrastructures of the latter, v) Safety and authentication measures, (VI) All acts likely to infringe the financial, commercial or moral rights and interests of the Peterandclo Ethnic Arts or users of its site, (VII) any practice diverting the site for purposes other than those for which it was designed and finally more generally (VIII) any breach of these general conditions or the laws and regulations in force.
17.2 It is also strictly forbidden to monitor, sell or concede all or part of access to the site, as well as to the information it contains.
17.3 Any commercial operation of products by buyers is prohibited, and in particular any resale or distribution for consideration.
17.4 In the event of a breach of any of the provisions of this article or more generally, from offenses to laws and regulations, the Peterandclo Ethnic Arts store reserves the right to take all appropriate measures and to initiate any legal action.
18. Unsubscribe
The Buyer can unsubscribe from the site at any time, by sending a request to the Peterandclo Ethnic Arts by email, to the contact details mentioned in article 2.
The unsubscription is effective within a maximum of 7 (seven) days from this request. It leads to automatic deletion of the buyer's account.
19. Changes
The PeterandClo Arts Ethnic store reserves the right to modify these general conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the purchaser's order.
20. Language
In the hypothesis of a translation of these general conditions in one or more languages, the language of interpretation will be the French language in the event of contradiction or contestation on the meaning of a term or a provision.
These general conditions are governed by French law.