PREAMBLE
These general conditions of sale aim to define the conditions under which the products (hereinafter referred to) will be sold to the customer (hereinafter referred to) by the company lueur de l’aube (hereinafter referred to), a manufacturer and seller of handmade clothing accessible in the electronic catalogue of the website www.charlottemullor.com – www.basic.charlottemullor.com and at the address mentioned below. As stipulated in Article L111-1 of the Consumer Code, the contract concluded in the event of an effective order is subject to the regulations of distance selling. The order implies the irrevocable acceptance of the general conditions of sale. The customer declares that he/she has the capacity to conclude this contract, that is to say that he/she is of legal age and not under guardianship or curatorship. Checking the box ’I accept the general conditions of sale’ will constitute for the customer, as acceptance, without reservation, of the general conditions of sale. This box will have the same value as the client's handwritten signature. It should be noted that the general terms and conditions of sale, unless expressly stated otherwise, take precedence in the event of any contradiction with any other terms and conditions mentioned above.
Definitions
. «customer» means a consumer not acting for professional purposes. · «the company» means Charlotte Mullor the seller of the products. · «the site» means the website www.charlottemulllor.com – www.basic.charlottemullor.com on which the products are sold.
ARTICLE 1: IDENTIFICATION
The contact details are for the company CHARLOTTE MULLOR whose registered office is in Paris – 8, cours des petites écuries 75010 Paris, registered with the Paris Chamber of Trades and Crafts under the number 484 656 053 hereinafter referred to as Charlotte Mullor » «. Customer service email: contact@charlottemullor.com
ARTICLE 2: PRODUCTS
2.1. ARTISTIC WORK
All the products presented on the website are the result of artisanal work Charlotte Mullor and are manufactured in its workshops in Paris and in Dordogne. As a result, the items may have imperfections in terms of finish, format or color inherent in this type of production. They cannot be considered major defects. The company’s liability cannot be called into question and the validity of the order cannot be affected.
2.3. FINAL DECISION
We draw the customer’s attention to the fact that the photographs illustrating our products may differ slightly from reality due to the customer’s screen settings and the lighting during the shooting. The photographs, graphics and descriptions of the products offered for sale are only indicative and in no way bind the company.
ARTICLE 3: ORDERING PROCEDURES
3.1. Types of order
There are three types of orders:
»In stock» : The "In stock" mention on the product's sales page at the time of purchase guarantees the immediate availability of the products. Any order placed on the site will be processed within 48 hours after receipt of payment (excluding weekends and holidays), unless otherwise specified by us. An email will be sent to confirm the processing of the order and shipment.
» Available on order »: We will knit the item indicated on the product sales page at the time of purchase. A 15-day lead time is required for the production of the item.
»Customized order»: The customer wishes to place a customized order. He/She is invited to contact the company by email at contact@charlottemullor.com, to learn whether his/her request is feasible, to receive a quote and to be informed of the shipping times.
3.2. VALIDATION OF THE ORDER BY THE CUSTOMER
After verifying the content and the total cost of his order, the customer will definitively confirm it during the payment step. This confirmation will be considered the conclusion of the contract. It is not necessary to create an account. The language available to conclude the contract with the website www.basic.charlottemullor is French.
3.3. VALIDATION OF THE ORDER BY THE COMPANY
·All orders, whether »in stock» or »available upon request», will only be processed once the transfer has been received. For customized orders, we require a 50% deposit upon ordering and the remaining amount before the goods leave our warehouse. The customer will receive an email stating that their order is finalized and ready for shipment.
Once the contract is concluded, the company will send the customer an email receipt of their order containing a summary of the information entered on the order form. The invoice for the order will be sent to the billing address at the same time as the garment.
ARTICLE 4: PRICE
4.1. FOR A CUSTOMER IN THE EUROPEAN UNION
Prices in euros are displayed without tax because the company Charlotte Mullor is not subject to VAT. Excludes shipping costs. VAT not applicable – Article 293B of the CGI. This price may nevertheless vary in the event of unavailability of one or more of the products ordered. Charlotte Mullor The company reserves the right to change its prices at any time, without notice, however, it should be noted that the price indicated on the Site on the day of the order will be the only one applicable to the Customer.
For any order placed from a foreign country, the customer is the importer of the product(s) ordered.
4.2. FOR A CUSTOMER OUTSIDE THE EUROPEAN UNION
Prices in euros are displayed excluding taxes, excluding shipping costs. VAT not applicable – Article 293B of the CGI.
This price may nevertheless vary in the event of unavailability of one or more of the products ordered. Charlotte Mullor se reserves the right to change its prices at any time, without prior notice, however it should be understood that the price indicated on the website on the day of the order will be the only applicable price to the Customer.
For any order placed from a foreign country, the customer is the importer of the product(s) ordered.
Customs duties, other local taxes, import duties or state taxes may be required. These duties and amounts are not within our control and are not the responsibility of our company. They will be entirely at the expense and responsibility of the customer, both in terms of declarations and payments to the authorities and/or competent bodies. We advise the customer to check with the competent authorities of their country.
ARTICLE 5: METHODS OF PAYMENT
5.1. PAYMENT METHODS
Purchases are made via the secure platform provided by our partners Paypal and Stripe via bank card. The payment cards accepted are CB, Visa, MasterCard and JCB. During the payment process, the app asks the user for personal information to verify the cardholder’s identity and validate the transaction. The customer must provide their bank card number, depending on the type of card, the expiration date of the card and the cryptogram number (the 3-digit number on the back of the bank card).
The customer guarantees to the company, when validating his order form, that he is in good standing with the issuer of the payment card.
5.2. PAYPAL
In the case of payment via PayPal, the customer expressly acknowledges having read and accepted the PayPal General Terms and Conditions, which is solely responsible for the processing of personal data related to the payment methods collected by the customer.
5.3. CRYPTOGRAPHY PROTOCOL
The financial information will be transferred using a cryptographic protocol, to PayPal or to other banks providing services related to remote electronic payment, without any third parties being able to access it in any way.
5.4. PAYMENT 3 TIMES
ARTICLE 6: DELIVERY
6.1. DELIVERY TO HOME
The ordered product is delivered to the address indicated on the customer’s order form, in France or abroad, except for the option of »pickup in store» or at the Studio. The delivery address may differ from the billing address.
6.2. COLLECTION IN STORE
The pick-up is only possible at the store at the dawn of 77, rue du cherche-midi, 75006 Paris; it is free of charge. Pick-up is possible from 11:30 AM to 7 PM from Tuesday to Saturday.
6.3. SHIPPING COSTS
In France, the shipment is made via colissimo; the price is 10 euros per order.
Delivery takes place only on the Client’s premises; it cannot be made, even at the Client’s request, in a cellar, in front of a building, or in a hall. In the event of the Client’s absence at their home during a delivery by colissimo: they will leave a notice of passage in the Client’s mailbox. The client will then have the time specified on the notice to collect their delivery at the post office or must go to the relay point they have chosen, once informed of the arrival of their package and within the deadlines set by COLISSIMO. If no one claims the order within the specified time limits, the package will be sent back to the sender Charlotte Mullor, at the Client’s expense, to be collected by them at their own cost from the customer service department of Charlotte Mullor. Contact@charlottemullor.com
Abroad: International delivery is made by colissimo.
Standard delivery costs are offered starting from 350 euros for France. In the event that the customer does not show up to receive the package containing their order, they hereby agree to pay the costs of returning the package to the customer.
6.4. DELAY IN DELIVERY
In France, the time frame is approximately 48 hours after shipment; abroad, the time frame can vary depending on the destination, from 5 to 8 days approximately.
For an in-stock purchase, the order is processed within 48 hours; for a custom-made order, the additional time is 15 days. We strive to minimize these delays and invite the customer to contact the company contact@charlottemullor.com to keep them informed about the progress of the order.
Any possible delay in the delivery of the goods does not involve the company’s liability.
6.5. METHODS OF DELIVERY
Upon receipt and signature of the delivery note, it is the customer’s responsibility, or that of a person regularly authorized by them, to check the contents, compliance and condition of the product upon delivery.
In the event of a breakdown, the customer must state his/her reservations clearly and precisely on the delivery note, a copy of which is sent by post or courier to the company.
In the event of a product being missing or any other error, please notify us by email contact@charlottemullor.com at within a maximum of 48 hours after receiving the order.
In the event that the return of the product by the customer is due to an error on the part of the jewelry store in the context of an »purchase of stock» order, such as a product missing in the order or a product received in an incorrect condition, or a manufacturing defect in the product, the company undertakes to refund, in addition to the purchase price of the product, the shipping costs incurred by the customer for the return of the product. The refunded shipping costs will be based on the most economical standard shipping method. If the customer has chosen a shipping method other than the standard shipping method, the additional fees charged will not be refunded.
ARTICLE 7: RIGHT OF WITHDRAWAL
7.1. DELAY IN THE RIGHT TO WITHDRAW
Legal period of withdrawal
In accordance with the provisions of Articles L.221-18 et seq. of the Consumer Code, the Customer has a period of fourteen (14) days from the receipt or withdrawal of the package to exercise their legal right of withdrawal and request that the said package or certain of the Products be returned to Charlotte Mullor them.
Modalities for exercising the right of withdrawal
The Customer may exercise their right of withdrawal in one of the following ways: By contacting the Customer Service within 14 days of receiving their order with a declaration formally and unequivocally stating their intention to withdraw from the contract and sent by email to the following address: contact@charlottemullor.com. He/She will have to return the product(s) by colissimo.
In the event of failure to meet the stated deadlines, Charlotte Mullor the Customer will not be reimbursed. The delivered product must be returned along with the delivery note, in its original condition and in its original packaging, in perfect resale condition. Thus, damaged products, such as notably torn labels, missing buttons, soiled or incomplete clothing and/or emitting a pestilent or unpleasant odor, may not be accepted. In no case should the products have been worn. All returns will be subject to rigorous inspection to ensure that the returned Products comply with the quality requirements.
Charlotte Mullor The Client will receive a confirmation of receipt of the withdrawal by email.
7.2. EXERCISE OF THE RIGHT OF WITHDRAWAL
To exercise his right of withdrawal, the customer informs the company of his decision to withdraw, using the withdrawal form that you can request from us contact@charlottemullor.com.
Charlotte Mullor The Client will receive a confirmation of receipt of the withdrawal by email.
In the event of exercising the right of withdrawal within the aforementioned timeframe, only the price of the purchased product or products and the corresponding delivery costs will be refunded, with the exception of the return costs and any costs in the event of payment by credit card.
The company undertakes to reimburse the customer within fourteen (14) days from the date of receipt of the withdrawal form and its validation, subject to receiving the relevant products returned.
The refund will be made using the same payment method used by the customer during the initial order. If both parties agree, they may agree on another method of refund provided that it is free of additional costs for the customer.
7.3. RETURNS POLICY FOR PRODUCTS IN THE EVENT OF WITHDRAWAL
The products concerned by the customer’s withdrawal must be returned within fourteen (14) days from the notification to the company of their decision to withdraw.
Returns must be made in their original condition and complete (complete packaging – protective garment cover) allowing them to be sold as new, accompanied by the purchase invoice. Products that are dirty or incomplete will not be accepted, nor will any odors…
Only the return shipping costs are the responsibility of the customer.
7.4. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for certain contracts, including those concerning: The supply of goods made to the consumer’s specifications or clearly personalized. This means that any product that has been the subject, at your request, of an «order to be manufactured» or a »customized order«, notably for a change in size, volume or color, may no longer be refunded or exchanged.
The supply of goods that are likely to deteriorate or perish quickly;
· the supply of goods that have been unpacked by the customer after delivery and that cannot be returned for hygiene or health protection reasons;
· the supply of goods that, after being delivered and by their nature, are mixed in an inseparable way with other items. · any return that is not compliant or unsuitable for resale (damaged, damaged, used or dirty) will be rejected and the items will be re-shipped to the customer at their expense.
· Products delivered outside the European Union that have benefited from a tax exemption or delivered in France that have benefited from a discount cannot be refunded or exchanged.
ARTICLE 8: LEGAL WARRANTIES
8.1. LEGAL WARRANTY OF CONFORMITY
· when acting as a legal guarantee of conformity, the customer has a period of two years from the delivery of the item to take action. The procedure is free of charge. No fees are charged to the customer.
· the customer can choose between repairing or replacing the product, subject to available stock and the cost conditions provided
by Article l. 217-9 of the Consumer Code.
· if repair or replacement of the product is impossible, cannot be implemented within the month following the customer’s claim or creates a major inconvenience for the company, the buyer may then be fully reimbursed (by returning the product) or partially reimbursed (by keeping the product).
· The customer is exempt from providing proof of the existence of the product’s non-conformity within six months of the product’s delivery. This period is extended to twenty-four months, except for used goods.
8.2. guarantee of hidden defects
· when acting in warranty against the hidden defects of the product within the meaning of Article 1641 of the Civil Code, the customer may choose between the termination of the sale or a reduction of the selling price in accordance with Article 1644 of the Civil Code.
8.3. IMPLEMENTATION OF THE WARRANTIES FOR THE RETURN OF PRODUCTS
In order to exercise its rights, the customer must inform the company of the non-conformity or defect of the products in writing at the following address: Charlotte Mullor 8, Cour des Petits Chevaux 75010 Paris, or by email at the following address: contact@charlottemullor.com
The mail or email must include the date of purchase, the product reference and, if applicable, the customer reference. The return of the products, if necessary, must be made to the following address Charlotte Mullor: 8 cour des petites écuries – 75010 Paris.
ARTICLE 9: RESPONSIBILITY
The customer is solely responsible for the choice of products, their use and their compatibility with any other equipment. In no case shall the company be liable for any damage resulting from this.
The products offered to the customer by the company on the website comply with French legislation and the applicable European standards. The company cannot be held liable in the event of non-compliance with the legislation of another country; nor can the products be used by the customer; the French law being exclusively applicable to the sale of the products between the customer and the company in accordance with Article 11: Applicable law and competent court below. It is entirely up to the customer to check with the local authorities about the possibilities of importing or using the products they intend to order.
The company cannot be held liable for any damage of any nature, material, non-material and/or bodily, that may result from improper use, abnormal use, negligence or a defect in care the products on the part of the customer or a third party, such as in the case of normal wear and tear of the products.
ARTICLE 10: PERSONAL INFORMATION AND COOKIES
11.1. PERSONAL DATA
The customer is informed and accepts that their personal data will be collected via the order form and used by the company acting as the controller within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, also known as the ‘General Data Protection Regulation« or »GDPR«.
· The delivery of the order requires a number of personal details about the customer, namely their name, first name, postal address, date of birth, telephone number, and email address. The data collected is necessary to comply with the company’s obligations, particularly for the validation of the order, as well as for the delivery process. The customer who does not wish to provide this information will not be able to place an order on the website.
· your data are kept for this sole purpose and the company undertakes not to use them in any other context, nor to transmit them to third parties without the express consent of the customer or outside the cases provided for by law. The data controller, except for data related to payment.
They are kept for a period of 3 years from the end of the commercial relationship. These data are kept under secure conditions, using current technical means, in compliance with the provisions of Law n78-17 of January 6, 1978.
· the transmission of information takes place in a secure environment using the protocols currently in use on the internet.
· The payment card numbers are not stored on the site but on the secure site of our banking institution.
· in accordance with the provisions of the law of January 6, 1978, known as «Information Technology and Liberties», as amended by Law No. 2018-493 of June 20, 2018 concerning the protection of personal data, and of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the customer has the right of access, rectification, and opposition to the personal data concerning him. To exercise this right, the customer must send a letter to the following address: Charlotte Mullor 8 cour des petites écuries 75010 Paris, indicating: his name, first name, address, e-mail.
Each request must be signed and accompanied by a photocopy of an identity document bearing the client’s signature and specifying the address for reply. This reply will then be sent within 2 months of receipt of the request.
11.2. COOKIES
·under its own responsibility or that of a third party engaged to provide tracking services, the site may use cookies when a user navigates the site. Cookies are files sent to the browser by a web server in order to record the user’s activities throughout the time they are browsing.
· The use of cookies allows the server hosting the site to recognize the web browser used by the user in order to facilitate navigation as much as possible; for example, it allows users who are already registered to access the areas, services, promotions or competitions reserved exclusively for them without having to register each time they visit. Cookies are also used to measure audience and traffic parameters and to monitor progress and the number of entries.
· guarantees regarding the use of cookies: the cookies used by the site are associated only with anonymous users and their computers and do not provide any reference that could be used to deduce personal data about users.
Some cookies are used by third parties (e.g., Google) to transmit to the company data on the effectiveness of its promotions. The cookies in no way obtain personal information; they merely allow identifying a particular user.
· The cookies used on the site are, in any case, temporary in nature, having the sole purpose of making the subsequent transmission more efficient. No cookie used on the site will have a validity period of more than two years.
· the customer has the option to configure their browser to be alerted when cookies are received and to refuse their installation on their device by deleting the cookies from the site or by disabling them; the user runs the risk of not being able to access certain features of the site to use it; users do not need to allow the installation of cookies, but they will have to restart the session as such in each of the services whose provision requires prior registration or the start of a session.
· the site may contain links to other websites that have privacy policies different from that of the company. In this sense, the company assumes no responsibility for the content or practices of the linked sites. The company recommends that site users review the privacy policies of all websites they may access through the site.
· The site’s servers will be able to automatically detect the IP address and the domain name used by the users.
Article 11: Applicable law and competent court
· This contract is subject to French law. The language of this contract is French. In the event of a judicial dispute, the French courts shall have sole jurisdiction, subject to the mandatory provisions of applicable law. For any claim, please contact the customer service team at the following address in advance contact@charlottemullor.com.
In accordance with the rules applicable to mediation, any consumer dispute must be submitted in writing to the customer service department before any request for mediation.
In the event of continued disagreement and in accordance with Order No. 2015-1033 of 20 August 2015 on the out-of-court settlement of consumer disputes, any consumer has the right to use a consumer mediator free of charge to resolve the dispute with a professional. The deadline for the consumer to contact a mediator is one year from the date of their written complaint to the professional. The European Commission has set up a dispute resolution platform to collect any consumer complaints following an online purchase and then forward them to the competent national mediators.
ARTICLE 12: FORCE MAJEURE
The occurrence of a case of force majeure has the effect of suspending the performance of the parties’ contractual obligations and exempting them from any liability.
Events independent of the parties’ will that they could not reasonably have foreseen and that they could not reasonably avoid or overcome, insofar as their occurrence renders the performance of the obligations totally impossible, are considered to be cases of force majeure or fortuitous events, such as war, fire, earthquake, flood, storm, industrial strike.
ARTICLE 13: MODIFICATIONS OF THE CONTRACT
The applicable conditions are those in effect on the site at the date of registration of your order. Indeed, the contract may at any time be revised, updated or otherwise modified, in whole or in part; all of this will be specified during an order on the site.
