General Terms and Conditions
www.plaidscocooning.com (the “Site”) is published by the Company CLOWICH, SAS with capital of €51,000, whose head office is 124 boulevard de Metz, 59100 ROUBAIX, France, registered with the RCS of LILLE under number 792 398 083, intra-community VAT number FR32792398083.
I – APPLICATIONS OF THE GENERAL CONDITIONS OF SALE
The general conditions of sale (the “CGV”), detailed below, apply to all orders for products and services placed via the Site (the “Products”) with Clowich by any person (the “Customer”). Clowich reserves the right to adapt or modify these General Terms and Conditions at any time. The version of the General Terms and Conditions applicable to any sale being that appearing online on the website www.plaidscocooning.com at the time of the Order. Consequently, placing an Order requires full prior and unreserved acceptance of these General Terms and Conditions by the Customer by clicking on the “I have read and accept the general conditions of sale” button.
II – INFORMATION ON THE SITE AND ACCESSIBILITY OF THE SITE
www.plaidscocooning.com is an e-commerce site owned and operated by Clowich. The Site is open to all users of the Internet network in principle accessible 24/24, 7/7, except interruption, scheduled or not, by Clowich or its service providers, for the needs of its maintenance and/or security or in cases of force major (as defined below). Clowich cannot be held responsible for any damage, whatever its nature, resulting from unavailability of the Site. Clowich reserves the right to change the Site, for technical or commercial reasons. When these modifications do not alter the conditions of provision of services, in a substantial and negative manner, the Customer may be informed of the modifications made, but his acceptance is not requested.
III – REGISTRATION ON THE SITE
To be able to place an Order, the Customer must first register on the Site by creating an account containing the Customer's information (the "Account").
The Customer's registration on the Site is validated by Clowich after verification of the standard form completed by the Customer. The Customer receives a registration confirmation email.
When creating their Account, the Customer must ensure the accuracy and completeness of the data they provide. The Customer is required to always update his personal information. In the event of an error in the wording of the recipient's contact details, Clowich cannot be held responsible for the impossibility of delivering Products.
By registering on the Site, the Customer declares and guarantees to Clowich that he is of legal age and has the legal capacity to contract. Clowich may delete Customer's Account at any time, for any reason, in its sole discretion.
IV – PRODUCTS
The products offered for sale are those described on the Site on the day of consultation of the Site by the Customer, within the limits of available stocks. These indications are automatically updated in real time. However, an error in the update, whatever its origin, does not engage the responsibility of Clowich. As such, Clowich cannot be held responsible for the cancellation of an Order for a Product due to exhaustion of stocks.
Clowich takes the greatest care in the presentation and description of these products to best satisfy the Customer's information. It is possible that the Customer may receive a part previously returned by another person following an Order. It is specified that Clowich only accepts the return of intact Products, these two conditions being checked before returning the returned Products to stock.
V – ORDERS
Taking an order on the Site is subject to compliance with the procedure set up by Clowich on the site including successive steps leading to validation of the Order.
The Customer can select as many Products as he wishes which will be added to the basket (the “Basket”). The Basket summarizes the Products chosen by the Customer as well as the prices and related costs. The Customer may freely modify the Basket before validation of his Order. Validation of the Order constitutes confirmation of the customer's acceptance of the General Terms and Conditions, the Products purchased, their price as well as the associated costs.
A confirmation email summarizing the Order (products, prices, product availability, quantity, etc.) will be sent to the Customer by Clowich. To this end, the Customer formally accepts the use of email for confirmation by Clowich of the content of his Order. Invoices are available in the “my account” section of the site.
VI – REFUSAL TO PROCESS AN ORDER
Clowich reserves the right to remove any Product displayed on the Site at any time and to replace or modify any content or information appearing on it. Despite Clowich's best efforts to meet the expectations of its customers, it may be necessary for the latter to refuse to process an order after having sent the Customer the confirmation email summarizing the Order.
Clowich cannot be held liable to the Customer or a third party due to the decision to remove a Product from the Site, or due to the decision to replace or modify any content or information appearing on this Site, or the refusal to process an Order. after sending the confirmation email summarizing the Order.
VII – PRICES AND PAYMENT TERMS
Customs fees and other taxes are not included in the price paid by the Customer. These costs must be paid by the Customer directly to the carrier.
The prices of the products are indicated on the Site in euros including VAT, but excluding customs fees and other taxes.
All prices displayed are calculated including value added tax (VAT) applicable in France, which may be different depending on the invoicing country.
Clowich reserves the right to modify its prices at any time but the products will be invoiced on the basis of the prices in force at the time of registration and payment of the order, subject to availability.
The products are payable in cash at the time of the actual Order.
Payment for purchases is made via our secure payment platform Clic & Pay by Crédit du Nord. The Customer expressly acknowledges that communicating his bank card number to Clowich constitutes authorization to debit his Account up to the price of the Products ordered. If applicable, a notification of Order cancellation for non-payment is sent to the Customer by Clowich to the email address provided by the Customer when registering on the Site.
The data recorded and kept by Clowich constitutes proof of the Order and all past sales. The data recorded by the clic & pay platform constitutes proof of any financial transaction between the Client and Clowich.
Deliveries are ensured by La Poste services, from Monday to Saturday, depending on the option chosen by the Customer when validating their Order.
Delivery means the transfer to the Customer of physical possession of the Products (the “Delivery”).
The Delivery costs applicable to the Order are those mentioned on the Site at the time of the Order in the “Delivery and Returns” section.
As an exception, the risk is transferred to the Customer when the Product is handed over to the carrier when the latter is responsible for transport by the Customer and not by Clowich.
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residence address of the Customer, of a natural person of his choice or of a legal entity (delivery to his company ). Delivery cannot be made to hotels or to post office boxes.
If it is impossible to carry out the Delivery, Clowich endeavors to find a secure place to deposit the Product. Failing this, the Product is returned to the Clowich warehouse upon receipt of the Product.
Clowich also leaves a notice at the customer's address indicating the location of the Product and the procedure to follow to make a new Delivery. In the absence of collection by the Customer, he can contact Clowich to organize his Order at the selected collection point or at La Poste, no reshipment can be carried out and the Customer will be reimbursed within five (5) days from from receipt of the Delivery at a later date. Ordered by Clowich.
Clowich delivers Orders within a maximum period of principle of 12 (twelve) working days for Delivery in Metropolitan France and 20 (twenty) working days for international Delivery, this period being counted from the day after validation of the Order . The day after a collection is put online and throughout the month of July, August and December, the delivery time may be increased by 10 (ten) days.
In order for these deadlines to be respected, the Customer must ensure that they have communicated accurate and complete information concerning the Delivery address (such as, in particular: street number, building number, staircase number, access, names and/or intercom numbers, etc.).
Clowich cannot be held responsible for delivery delays not due to its fault or justified by a case of force majeure (as defined below).
If the Delivery time is exceeded, the Customer may request the cancellation of the sale and obtain, within a maximum of 14 (fourteen) days of his request to this effect, the reimbursement of the sums paid on the occasion of the Order. Notwithstanding the above, Clowich cannot be held responsible for the damaging consequences resulting from a delivery delay, only reimbursement of the Product by Clowich being possible to the exclusion of any other form of compensation.
IX – REFUNDS AND RETURNS
Any non-professional consumer has a right of withdrawal. The use of the right of withdrawal must be reported in advance by email to the following address: firstname.lastname@example.org
The right of withdrawal is exercised without penalty. If the Customer uses this right, the Product must be returned to Clowich within 14 (fourteen) days (starting on the day of receipt of the Products). Beyond this period of 14 (fourteen) days, the sale is firm and final. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed. To make a return, the customer must follow the procedure indicated on the return slip received with their Order.
The cost of returning by post is €1.99 deducted from the refund. The customer, however, has the right to return the product at his own expense.
Reimbursement is provided provided that Clowich has been able to recover the Products initially delivered. Unless the Customer wishes otherwise, Clowich will make the reimbursement using the same means of payment as that which was used for the transaction.
The return of Products is free if the place of Delivery is in Metropolitan France.
X – GUARANTEES – LIMITATION OF LIABILITY
Clowich's liability with regard to any Product purchased on the Site is strictly limited to the purchase price of the latter. Clowich will under no circumstances be liable for the following losses, regardless of their origin:
• loss of income or sales
• operating loss
• loss of profits or contracts
• loss of planned savings
• data loss
• loss of working or management time
• image damage
• loss of opportunity, and in particular to order a Product,
• moral damage.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any warranty, explicit or implicit, with the exception of the warranties provided for by law.
Clowich makes no warranty regarding any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair any functionality of a computer or to interfere with the proper functioning thereof, including any transmission resulting from a download of any content carried out by the Client, software used by the latter to download the content, from the Site or from the server which allows access to it. In this regard, the Customer acknowledges that it is its responsibility to install appropriate anti-virus and security software on its computer hardware and any other device in order to protect them against any bugs, viruses or other programming routines. this order proving harmful. The Customer acknowledges that it assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that it is solely responsible for any damage caused to its computer system or any loss of data resulting from the download of this content.
Clowich is only required to deliver Products that comply with the contractual provisions. The Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must conform to the description and have the characteristics set out on the Site; (ii) they must be suitable for the purposes for which products of this type are generally designed; (iii) they must meet the quality and resistance criteria which are generally accepted for products of the same type and which can reasonably be expected.
In addition, Clowich guarantees consumers against lack of conformity and hidden defects for the Products sold on the Site under the following conditions:
The presence of an apparent defect on a Product must give rise to a complaint by email (email@example.com) within three working days following Delivery. Any complaint must explain the defect concerned. Otherwise, no complaint is admissible, and no return or exchange is possible. The Product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial Order and copy of the complaint to the head office in Clowich, after sending an email reporting the apparent defect in the Product referred to above. Cases of apparent defect confirmed by Clowich give rise, depending on the content of the Customer's complaint, either to the establishment of a credit for the benefit of the Customer, or to the replacement of the Product, or to the pure and simple reimbursement of the Price to the Customer in a 14 day deadline. In the event of non-compliance with the return procedure, no exchange or refund or credit is possible.
Non-compliance – Hidden defects
Subject to validation of non-conformity or a hidden defect by Clowich or the manufacturer as the case may be, the Customer benefits from the following guarantees:
Clowich, whose head office is 124 boulevard de Metz 59100 ROUBAIX, France, acts as guarantor within the meaning of the provisions of articles L 217-5 et seq. of the Consumer Code and 1641 et seq. of the Civil Code.
Thus the Customer:
– benefits from a period of two (2) years from the delivery of the Product to act in the event of lack of conformity of the Product,
– is exempt from providing proof of the existence of the lack of conformity of the goods during the six (6) months following delivery of the Product,
– can choose between repairing or replacing the Product, subject to the cost conditions provided for by article L217-9 of the Consumer Code;
The legal guarantee of conformity applies independently of the commercial guarantee described below.
In addition, the Customer can also implement the legal guarantee for hidden defects in the item sold, within the meaning of articles 1641 et seq. of the Civil Code. The legal guarantee against hidden defects allows the Customer, within two years from the discovery of the defect, to reimburse a Product which turns out to be unfit for its use.
The hidden defects guarantee allows the Customer to be protected against hidden defects in the Product purchased which prevent its use or affect it to such an extent that the Customer would not have purchased it.
The Customer then has the choice between two options: keep the Product and request a reduction in the price, or return the Product and request reimbursement of the price paid, in accordance with article 1644 of the Civil Code.
In order to implement these guarantees, the Product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial Order and copy of the complaint to the head office. social service of Clowich, after sending an email indicating the reason for the return of the Product.
For all purposes, the following legal provisions are recalled:
Art. L217-4 of the Consumer Code: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »
Art. L217-5 of the Consumer Code: “The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable (a) if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; (b) if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, particularly in advertising or labeling; 2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
Art. L217-7 of the Consumer Code: “Defects of conformity which appear within a period of twenty-four months from delivery of the good are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. »
Art. L217-8 of the Consumer Code: “The buyer has the right to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials he himself supplied. »
Art. L217-9 of the Consumer Code: “In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer. »
Art. L217-10 of the Consumer Code: “If repair and replacement of the goods are impossible, the buyer can return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking. However, the sale cannot be canceled if the lack of conformity is minor. »
Art. L217-11 of the Consumer Code: “The application of the provisions of articles L. 217-9 and L. 217-10 takes place without any cost for the buyer. These same provisions do not prevent the award of damages. »
Art. L217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed two years from the delivery of the good. »
Art. L217-13 of the Consumer Code: “The provisions of this section do not deprive the buyer of the right to take action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature recognized by law. »
Art. 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it acquired, or would have given only a lower price, if he had known them. »
Art.1642 of the Civil Code: “The seller is not liable for apparent defects of which the buyer was able to convince himself. »
Art. 1643 of the Civil Code: “He is liable for hidden defects, even if he is not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee. »
Art. 1644 of the Civil Code: “In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded. »
Art. 1646 of the Civil Code: “If the seller is unaware of the defects in the thing, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale. »
Art. 1648 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. (…) »
In the event of the occurrence of a force majeure event preventing the execution of these General Terms and Conditions, Clowich informs the Customer within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt. reception. Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lock-outs, riots, boycotts or other actions of an industrial nature or disputes commercial activities, civil unrest, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal changes or regulatory forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of Clowich or the Client without compensation to either party. Failure to pay by the Customer cannot be justified by a case of force majeure.
XI – PARTIAL INVALIDITY
If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
XII – NON-WAIVER
No tolerance, inaction or inertia on the part of Clowich may be interpreted as a waiver of its rights under the General Terms and Conditions.
XIII – APPLICABLE LAW – COMPETENT JURISDICTION
The sale of Products is subject to French law. In the event of a dispute, the Client and Clowich may resort to conventional mediation. In this regard, Clowich informs the Client of the existence of alternative methods of dispute resolution, such as mediation or arbitration. The Customer can contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/. Any dispute relating to the interpretation of the General Conditions of Sale, to the execution or termination of a sale, to the interpretation, execution or termination hereof is subject, in the absence of amicable agreement, to the legally competent courts. .