Terms and conditions
Between the company Couleur papaye, listed in the Répertoire des Métiers
SIRET no. 37871972800024 APE code 3299Z
VAT not applicable under article 293B of the CGI
represented by Cécile Cadier as manager, duly authorized for the purposes hereof. The company can be reached by email by clicking on the contact form accessible via the home page of the site. Hereinafter the “Seller” or the “Company”.
On the one hand, And the natural or legal person proceeding to the purchase of products or services of the company, Hereafter, "the Buyer", or "the Customer" On the other hand, It has been exposed and agreed what follows :
PREAMBLE
The Seller is a publisher of interior and exterior decoration products and services, fashion accessories exclusively for consumers, marketed through its websites http://www.couleurpapaye.fr . The list and description of the goods and services offered by the Company can be consulted on the aforementioned sites.
Article 1: object
These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.
Article 2: General provisions
These General Terms and Conditions of Sale (GTC) apply to all sales of Products, made through the Company's websites, which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these at any time by publishing a new version on its website. The GCS then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These T&Cs can be viewed on the Company's website at the following address: www.couleurpapaye.fr. The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares to have read all of these General Terms and Conditions of Sale, and, where applicable, the Special Terms and Conditions of Sale related to a product or service, and to accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committing. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3: Price
The prices of the products sold through the Internet sites are indicated in Euros, all taxes included.
Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. Couleur Papaye reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the Company's websites are the responsibility of the Client. Where applicable also the delivery costs.
Article 4: Conclusion of the online contract
The Customer must follow a series of steps specific to each Product offered by the Seller in order to place his order. However, the steps described below are systematic: ➢ Information on the essential characteristics of the Product; ➢ Choice of the Product, if necessary of its options and indication of the Customer's essential data (identification, address, etc.); ➢ Acceptance of these General Conditions of Sale. ➢ Verification of the elements of the order and, if necessary, correction of errors. ➢ Follow-up of instructions for payment, and payment of products. ➢ Delivery of products. The Customer will then receive confirmation by e-mail of payment for the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these general conditions of sale. For the products delivered, this delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, and in accordance with article 1316-1 of the Civil Code, the Customer undertakes to provide its true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honor the Customer's order within the limit of available Product stocks only. Otherwise, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the Company's websites, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Except for special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the communicated email address). In accordance with the legal provisions regarding compliance and latent defects, the Seller refunds or exchanges defective products or products that do not correspond to the order. Reimbursement may be requested as follows: The buyer must carry out, upon delivery, all necessary examinations to detect any damage, shortages, defects or other apparent defects or non-compliance of the Products delivered to his order. The buyer must in particular check the condition of the packaging, the number of packages and the Products in their quantities, their references, their condition and their characteristics.
If necessary, the Buyer may submit any complaint by contacting the company by means of a registered letter with acknowledgment of receipt at the following coordinates:
- Postal address: 6 rue de la resistance 38950 Saint-Martin-le-Vinoux
The buyer must also be able to provide any justification as to the reality of the claims invoked and leave to the company Couleur Papaye or any person authorized by them, every facility to proceed with their observation, the buyer having to refrain from intervening or having a third party intervene for this purpose.
Complaints accepted will give rise to the exchange of the defective or non-compliant product, or to its reimbursement in the event of unavailability of the product in stock or from suppliers. The returned product must be returned to Couleur Papaye in perfect condition, in its original packaging and equipped with all its accessories. No spontaneous returns, without the agreement of Couleur Papaye, will be accepted. They are to be returned to the following address: 6 rue de la Résistance 38950 Saint-Martin-le-Vinoux, shipping costs remain the responsibility of the customer.
All custom made items are non-returnable.
Article 6: Retention of title clause
The products remain the property of Couleur Papaye until full payment of the price.
Article 7: Terms of delivery
The products are delivered to the delivery address which was indicated during the order and the time indicated. The delivery time only runs from receipt of the check. This time does not take into account the order preparation time, nor even its manufacturing time.
Items in stock are sent within two working days, excluding holiday periods indicated on the site.
The deadlines may be different if it is an order and/or the products are not in stock at the time of purchase.
Article 8: Availability and presentation
The average manufacturing time for personalized objects is approximately 2 weeks (excluding delivery time). The order will be processed from the receipt of your payment excluding the holidays indicated on the site. Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. In the event of unavailability of an article for a period of more than 15 working days, you will be immediately informed of the foreseeable delivery times and the order for this article may be canceled on simple request.
The Customer may then request a refund.
Article 9: Payment
Payment is due immediately upon ordering, including for pre-order products. The Customer can make payment by credit card or bank check. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). 3D Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the Carte bleue/Visa, Eurocard/Mastercard networks. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately resolved as of right and the order cancelled. As orders are only taken into account after validation of their payment, no discount or late payment penalty is applicable.
Article 10: Withdrawal period
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”. “The period mentioned in the previous paragraph runs from the receipt for the goods or the acceptance of the offer for the provision of services”. The right of withdrawal can be exercised by contacting the Company as follows, couleurspapayedeco@gmail.com
We inform Customers that in accordance with Article L. 121-20-2 of the Consumer Code, this right of withdrawal cannot be exercised for:
- Supply of goods or services whose price depends on fluctuations in the financial market
- Supply of goods made to customer specifications or clearly personalized
- Supply of goods likely to deteriorate or expire rapidly
- Supply of sealed audio or video recordings or software which have been unsealed after delivery - Newspaper, periodical, magazine (except subscription contract)
- Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a specific date or period of performance
- Supply of goods which by their nature are inseparably mixed with other items
- Supplies of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the customer after delivery
- The supply of alcoholic beverages whose price was agreed at the time of the conclusion of the sales contract, whose delivery can only be made after 30 days and whose real value depends on fluctuations in the market beyond the control of the online merchant
- Supply of digital content not provided dematerialized if the execution has begun with the prior express agreement of the consumer, who has also acknowledged that he will thus lose his right of withdrawal - Contracts concluded during a public auction
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed, 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 resold in new condition; if possible, they must be accompanied by a copy of the proof of purchase.
colourpapayedeco@gmail.com or send us a registered letter with acknowledgment of receipt to the following address: Couleur Papaye 6 rue de la Résistance 38950 Saint-Martin-le-Vinoux
The exercise of the right of withdrawal by the consumer entails for him the obligation to return, at his expense, the Products whose order has been canceled within 14 days of the exercise of the right of withdrawal within a perfect condition and in their original packaging.
The request will be immediately forwarded to customer service who will contact the buyer to organize the re-shipment of the product and indicate the procedure to be followed, which differs according to the original shipping method of the product.
The buyer will be reimbursed, as soon as possible and at the latest within 14 days following the date on which the right of withdrawal was exercised, of all the sums he has paid, provided that Couleur Papaye has received the Product(s) in perfect condition, in its(their) original packaging(s) and with all its(their) accessories to the following address: Couleur Papaye, 6 rue de la Résistance 38950 Saint- Martin-le-Vinoux. Shipping costs are the responsibility of the buyer, except in the case of non-conformity of the articles.
All custom made items are non-returnable.
Article 11: Complaints
The buyer must carry out, upon delivery, all necessary examinations to detect any damage, shortages, defects or other apparent defects or non-compliance of the Products delivered to his order. The buyer must in particular check the condition of the packaging, the number of packages and the Products in their quantities, their references, their condition and their characteristics.
The buyer must carry out, upon delivery, all necessary examinations to detect any damage, shortages, defects or other apparent defects or non-compliance of the Products delivered to his order. The buyer must in particular check the condition of the packaging, the number of packages and the Products in their quantities, their references, their condition and their characteristics.
If necessary, the Buyer may submit any complaint by contacting the company by means of a registered letter with acknowledgment of receipt at the following coordinates:
- Postal address: 6 rue de la Résistance 38950 Saint-Martin-le-Vinoux
The buyer must also be able to provide any justification as to the reality of the claims invoked and leave to Couleur Papaye or any person authorized by them, every facility to proceed with their observation, the buyer must abstain to intervene or have a third party intervene for this purpose.
Complaints accepted will give rise to the exchange of the defective or non-compliant product, or to its reimbursement in the event of unavailability of the product in stock or from suppliers. The returned product must be returned to Couleur Papaye in perfect condition, in its original packaging and equipped with all its accessories.
No spontaneous return, without Couleur Papaye agreement, will be accepted. They are to be returned to the following address: 6 rue de la Résistance 38950 Saint-Martin-le-Vinoux, shipping costs remain the responsibility of the customer.
Article 12: Intellectual property rights
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.
Article 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 14: nullity and modification of the contract
If one of the stipulations of this contract were cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is valid only after a written and signed agreement of the parties.
Article 15: Protection of personal data
In accordance with the Data Protection Act of January 6, 1978, you have the right to query, access, modify, oppose and rectify personal data concerning you. By adhering to these general conditions of sale, you consent to our collection and use of this data for the performance of this contract. By entering your email address on one of the sites in our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. All you have to do is click on the link at the end of our emails or contact the Couleur Papaye processing manager, 6 rue de la Résistance 38950 Saint-Martin-le-Vinoux by RAR letter. We carry out on all of our sites a follow-up of the frequentation. For this, we use tools such as Google Analytics.
Article 16: Limitation of liability clause
The guarantee of the products due by the seller is limited either to the replacement of the defective products, or to the restitution of their price, at the choice of the seller, excluding any other indemnity or damages.
Article 17: 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.
Our general conditions of sale have been drawn up from a free and free model which can be downloaded from the site https://www.donneespersonnelles.fr/