applicable from 09/11/2023
ARTICLE 1. PARTIES
This refund policy is applicable between L-naturel , Self-employed , registered with the RCS of Chambéry in France , under number 919844225 , head office: 137 Faubourg De La Madeleine, 73600 Moutiers, FR , telephone: +33673466579 , email: email@example.com , VAT not applicable, article 293B of the CGI, hereinafter “the Publisher” and any person, natural or legal, under private or public law, registered on the Site to purchase a Product, hereinafter “the Client”.
ARTICLE 2. DEFINITIONS
“ Customer ”: any person, natural or legal, under private or public law, registered on the Site.
“ Site Content” : elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
“ The Editor ”: L-naturel , Self-employed in his capacity as publisher of the Site.
“ Internet user ”: any person, natural or legal, under private or public law, connecting to the Site.
“ Product ”: goods of any kind sold on the Site by the Publisher to Customers.
“ Site ”: website accessible at the URL l-naturel.com , as well as the subsites, mirror sites, portals and URL variations relating thereto.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible to all Internet users. Browsing the Site implies acceptance by any Internet user of these general conditions. Simply connecting to the Site, by any means whatsoever, in particular via a robot or a browser, will constitute full acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.
The Internet user acknowledges having read them fully and accepting them without restriction.
Checking the above-mentioned box will be deemed to have the same value as a handwritten signature from the Internet user. The Internet user recognizes the evidentiary value of the Publisher's automatic recording systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.
These general conditions are applicable to relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these general conditions assumes on the part of Internet users that they have the necessary legal capacity for this, or failing that they have the authorization of a guardian or curator if they are incapable. , their legal representative if they are minors, or even that they hold a mandate if they act on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is the sale of Products to Customers.
ARTICLE 5. ORDER STEPS
In order to place an order, Internet Users will be able to select one or more Products and add them to their basket. The availability of Products is indicated on the Site, in the description sheet of each item. When their order is complete, they will be able to access their basket by clicking on the button provided for this purpose.
5.2. Validation of the order by the Internet user
By consulting their basket, Internet Users will be able to check the number and nature of the Products they have chosen and will be able to check their unit price, as well as their overall price. They will have the possibility to remove one or more Products from their basket.
If their order suits them, Internet users will be able to validate it. They will then access a form on which they can either enter their connection details if they already have them, or register on the Site by completing the registration form using their personal information.
5.3. Payment by the Customer
As soon as they are connected or after they have completely completed the registration form, Customers will be invited to check or modify their delivery and billing details, then will be invited to make their payment by being redirected for this purpose on the secure payment interface including the words “order with payment obligation” or any similar formula.
5.4. Confirmation of the order by the Publisher
Once payment has actually been received by the Publisher, the latter undertakes to acknowledge receipt of it to the Customer electronically, within a maximum of 24 hours. Within the same period, the Publisher undertakes to send the Customer an email summarizing the order and confirming the processing, including all the related information.
ARTICLE 6. PRICE – PAYMENT
The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by the Publisher. The prices displayed are only valid on the day of the order and do not apply for the future.
The prices indicated on the Site are in euros, all taxes included, excluding delivery costs.
6.2. Payment terms
The Customer can make payment by Inquiring [paymentGateways] .
In the context of payments by bank card, the Publisher does not have access to any data relating to the Customer's means of payment. Payment is made directly into the hands of the banking institution.
In the event of payment by money order, check or bank transfer, delivery times only begin to run from the date the payment is received by the Publisher.
The Publisher will send or make available to the Customer an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.
6.4. Failure to pay
Agreed payment dates cannot be delayed under any circumstances, including in the event of a dispute.
Any sum not paid on the due date will give rise, automatically and without formal notice, to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affects the payment of the sums due in principal.
In addition, any late payment will result in the defaulting Customer being billed for recovery costs in the amount of 40 euros, the immediate payment of all sums remaining due regardless of the agreed deadlines, plus compensation of 20% of the amount as a penalty clause, as well as the possibility of terminating the contract unilaterally to the detriment of the Client. This clause falls within the framework of the provisions of article 1152 of the civil code allowing the judge to reduce the compensation if the judge considers that it is excessive.
6.5. Reservation of title
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7. COMPLAINT – WITHDRAWAL – GUARANTEE
7.1. Customer service
The Site's customer service is accessible from the contact page of the site: l-naturel.com or by email at firstname.lastname@example.org or by post to the address indicated in article 1 of these general conditions.
7.2. Right of withdrawal – Distance selling
This article 7.2 is applicable to the Customer who has the status of consumer within the meaning of the introductory article of the Consumer Code.
7.2.1. Conditions for exercising the right of withdrawal
In accordance with the legislation in force regarding distance selling, the Customer 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 preceding paragraph runs from the day on which the distance contract is concluded for contracts relating to the provision of a service and/or the supply of digital content not provided on a medium material, or from receipt of the goods by the Customer or a third party, other than the carrier, designated by him, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.
In the case of an order for several goods delivered separately or in the case of an order for a good made up of lots or multiple pieces whose delivery is spread over a defined period, the period runs from receipt of the last good or batch or the last piece. For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first good.
When the fourteen-day period expires on a Saturday, Sunday or public or non-working holiday, it is extended until the first following working day.
The decision to withdraw must be notified to the Publisher using the contact details indicated in Article 1 of these general conditions by means of an unambiguous declaration. The Customer has, for example, the possibility of using the standard form provided at the end of these general conditions. In any event, the Publisher will send the Client an acknowledgment of receipt of said withdrawal by email as soon as possible.
7.2.2. Effects of the right of withdrawal
The Customer returns or returns the products to the professional or any person designated by the latter, without undue delay and, at the latest, within fourteen days following communication of his decision to withdraw.
When the right of withdrawal is exercised, the professional is required to reimburse the Customer for all sums paid, as soon as possible and at the latest within fourteen days following the date on which this right was exercised. If applicable, the professional may defer reimbursement until recovery of the Products or until the Customer has provided proof of shipment of the Products, whichever is earlier. Beyond this, the amount due is, automatically, productive of interest at the legal rate in force, as specified in article L. 242-4 of the Consumer Code.
Where applicable, the professional makes the reimbursement using the same means of payment as that used by the Client for the initial transaction, unless expressly agreed by the Client for the use of another means of payment and to the extent that the reimbursement does not incur costs for the Customer. However, the professional is not required to reimburse the additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered.
The direct costs of returning the Product are the responsibility of the Customer. These costs are estimated at a maximum of 10 euros if, due to its nature, the Product cannot normally be returned by post.
The Customer's liability is only incurred with regard to the depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this Product.
The conditions, deadlines and methods for exercising the right of withdrawal are set out in the standard form provided at the end of these general conditions.
7.2.3. Exclusions from the right of withdrawal
The right of withdrawal does not apply, in particular, to contracts:
- for the provision of services fully executed before the end of the withdrawal period and the execution of which has started after express prior agreement of the Customer and express waiver of his right of withdrawal;
- the supply of goods made to the Customer's specifications or clearly personalized;
- supply of goods likely to deteriorate or expire quickly;
- the supply of goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection;
- supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
- supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional;
- maintenance or repair work to be carried out urgently at the Customer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
- supply of audio or video recordings or computer software when they have been unsealed by the Customer after delivery;
- supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
- concluded at a public auction;
- provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period;
- for the supply of digital content not provided on a material medium whose execution has begun after express prior agreement of the Customer and express waiver of his right of withdrawal.
Likewise, the right of withdrawal is not applicable to contracts executed in full by both parties at the express request of the Customer before the latter exercises his right of withdrawal.
7.3. Termination of the contract on the initiative of the Client
The consumer Customer may terminate the contract by registered letter with acknowledgment of receipt if the delivery date of the goods exceeds seven days. The Customer will then be reimbursed for the sums incurred by him when ordering.
This clause is not intended to apply if the delivery delay is due to a case of force majeure. In such a case, the Customer undertakes not to take legal action against the Publisher and waives the right to avail itself of the resolution of the sale provided for in this article.
7.4.1. Guarantee for visible defects and defects
It is up to the Customer to check the good condition of the Products at the time of delivery. This verification must relate in particular to the quality, quantities and references of the Products as well as their conformity to the order. No complaints will be taken into account after a period of three days from delivery. In any case, any complaint concerning the delivered packages will only be taken into account if the Customer having the status of merchant has expressed reservations to the carrier in accordance with articles L. 133-3 et seq. of the Commercial Code
7.4.2. Guarantee against hidden defects and defects
126.96.36.199. Legal guarantees
Customers have a legal guarantee of compliant delivery (article 1604 of the Civil Code), a legal guarantee against hidden defects (articles 1641 et seq. of the Civil Code) and a security guarantee (articles 1245 et seq. . of the Civil Code).
Customers who are consumers also have a legal guarantee of conformity (articles L. 217-4 et seq. Consumer Code).
188.8.131.52. Conventional guarantee
The Products benefit, in addition to the legal guarantee, from a conventional guarantee of conformity on French territory, for a period of 1 year from the delivery of the Product.
In order to implement the guarantee, it is up to the Customer to return the product to the Publisher's head office address, accompanied by an explanatory letter requesting either repair, exchange, or reimbursement.
In any case, the Customer is asked to precisely follow the Publisher's instructions relating to the return of the Products.
The costs of returning the Product remain the responsibility of the Customer, except for consumer Customers implementing the guarantee of conformity of articles L. 217-4 et seq. of the Consumer Code.
The consumer Customer benefits from a period of 2 years from delivery of the good to act with the seller. As such, he can choose between repairing or replacing the Product, subject to the cost conditions provided for by article L.217-9 of the Consumer Code. Finally, the Customer is exempt from providing proof of the existence of the lack of conformity of the Product during the 24 months following delivery of said Product, except for second-hand goods.
Where applicable, the legal guarantee of conformity applies independently of the commercial guarantee.
When the Consumer Customer decides to implement the hidden defects guarantee, he can choose between canceling the sale or reducing the sale price.
ARTICLE 8. FINAL STIPULATIONS
8.1. Applicable right
These general conditions are subject to the application of French law.
8.2. Modifications to these general conditions
These general conditions may be modified at any time by the Publisher. The general conditions applicable to the Customer are those in force on the day of their order or connection to this Site, any new connection to the personal space entailing acceptance, where applicable, of the new general conditions.
Pursuant to Ordinance No. 2015-1033 of August 20, 2015, all disputes with a consumer Customer which may arise in the context of the execution of these general conditions and for which a solution cannot be found prior to the amicable agreement between the parties must be submitted.
In addition, the Consumer Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main .home2.show .
Since January 1, 2016, mediation is compulsory for everyone. Thus, any professional selling to individuals is required to provide the contact details of a competent Mediator in the event of a dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).
CNPM - MEDIATION - CONSUMPTION / http://cnpm-mediation-consommation.eu
The nullity of one of the clauses of this contract will not result in the nullity of the other clauses of the contract or of the contract as a whole, which will retain their full effect and scope. In such a case, the parties must, as far as possible, replace the canceled stipulation with a valid stipulation corresponding to the spirit and purpose hereof.
The absence of exercise by the Publisher of the rights granted to it hereby cannot under any circumstances be interpreted as a waiver of the right to assert said rights.
8.6. Telephone canvassing
The Customer is informed that he has the possibility of registering on the list opposing telephone canvassing at the address http://www.bloctel.gouv.fr/ .
8.7. Languages of these general conditions
These general conditions are offered in French.
8.8. Unfair clauses
The stipulations of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair clauses in contracts concluded between a professional and a consumer.
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