ARTICLE 1 – COMPANY
ernest&lulu is a limited liability company with a sole shareholder with a capital of € 1,000 registered in the Orleans Trade and Companies Register under number 854 079 514, whose registered office is located at 14 rue du Poirier in Orléans (45000), represented by Madame Lucie Cherbonnel in her capacity as Manager (hereinafter “ ernest&lulu »).
ernest&lulu designs, manufactures and markets biological or ecological tissues, pouches, and other related products.
email : firstname.lastname@example.org
Website : https://www.ernest-et-lulu.com/
ARTICLE 2 – TERMINOLOGY
« Customer »: refers to consumers contracting with the company ernest&lulu for the purchase of Products as defined below. « Consumer » means any natural person who acts for purposes which are not part of their industrial, commercial, craft, liberal or agricultural activity.
« Order »: means the order governed by these general conditions of sale.
« General Conditions »: means these general conditions of sale relating to the sale of Products ernest&lulu.
« Website » : means the ernest&lulu website accessible at the url address https://www.ernest-et-lulu.com/
« Products »: designates the products marketed by ernest&lulu.
« Seller »: means the company ernest&lulu as described in article 1 above for the sale of Products.
ARTICLE 3 – APPLICATION OF THE GENERAL CONDITIONS – OPPOSABILITY OF THE GENERAL CONDITIONS
These General Conditions define the rights and obligations of the Seller and the Customer in connection with the sale of the Products offered by ernest&lulu.
They constitute the « General Conditions of Sale » provided for in article L.211-2 of the Consumer Code.
The Order of Products implies the Customer’s full and unreserved acceptance of these General Conditions to the exclusion of all other documents such as prospectuses, catalogs, issued by the Seller and which have only an indicative value. No particular condition can, except formal and written acceptance of the Seller, prevail against the General Conditions.
The fact that the Seller does not take advantage of any of the provisions of the General Conditions at any given time cannot be interpreted as a waiver of the right to invoke any of these conditions at a later date.
The Customer declares to be of legal age and to have the capacity to contract.
The Customer acknowledges having freely determined the choice of Products based on the pre-contractual information communicated by the Seller and with regard to the budget he has intended to devote to it.
ARTICLE 6 – CUSTOMER OPENING AN ACCOUNT ON THE SITE
To place an Order on the Site, the Customer must open a customer account. Opening a customer account is free.
To be able to open a customer account, the Customer must provide the following information:
- First and last name,
- Phone number,
- E-mail adress.
The opening of the customer account implies the unconditional acceptance of these General Conditions.
At the end of the account opening process, a client account is opened in the name of the Client for which he will have previously chosen an identifier and a confidential code. The identifier and the confidential code are strictly personal and confidential. The Customer registered on the Site undertakes not to communicate them. The Customer is solely responsible for any operation (s) concluded, even without their knowledge, by a person using their user name and confidential code, and they alone will bear the consequences.
ARTICLE 7 – ONLINE SALES
7.1. Online order
The Order can only relate to Products offered for sale on the Site at the time it is placed.
The Seller reserves the right:
- to delete one or more Products at any time from the sale,
- to modify at any time the characteristics of the Products offered for sale.
7.2. Price of the Order
The prices are understood net of all taxes, including standard shipping packaging, and excluding delivery. In all cases, all taxes, duties and customs duties are the responsibility of the Customer.
The delivery costs are brought to the attention of the Customer at the time of the latter’s validation of the Order (see point 7.3). These costs vary depending on the delivery method, the delivery address, and the volume and / or size and / or weight of the products ordered. They are systematically added to the price of the Products, and are invoiced to the Customer when the Order is confirmed.
7.3. Confirmation of the Order
Once the Products have been selected, the CUSTOMER must confirm their Order for the first time (1st click). This first validation opens on a page summarizing the Products ordered, their quantities, their physical characteristics, their prices, the taxes and the delivery costs associated with them.
If this offer suits him, the Customer validates the Order a second time (2nd click).
Any Order signed by the Customer by « double click » constitutes the firm validation of the Customer’s Order (as an « electronic contract ») and constitutes a firm commitment on its part, and irrevocable acceptance of these General Conditions.
7.4. Payment of the Order
Once the Order has been confirmed, a secure payment page opens on which the Customer must pay for the Order. The data recorded by the payment system used by ernest&luluconstitute proof of all of the financial transactions between the Client, ernest&lulu and the bank concerned.
7.5. Order confirmation
Once the Order has been paid for by the Customer in accordance with the procedure described in point 7.4., A confirmation email is sent to the Customer. This email contains all the useful information concerning the description of the Order, its price, delivery methods, etc., and contains the Customer’s invoice as an attachment.
ARTICLE 8 – DEADLINES
The delivery and the execution of the Order will be carried out in accordance with the schedule indicated in the confirmation email.
ARTICLE 9 – RIGHT OF WITHDRAWAL AND RETURNS
9.1. The Customer has a withdrawal period of fourteen (14) days from receipt of the Products by the latter, without having to justify his decision.
The exercise of the right of withdrawal can be done using the model withdrawal form shown in Annex 2 of these General Conditions, by mail to the following address: ernest&lulu, 14 rue du Poirier 45000 Orléans, or by email at email@example.com
9.2. In case of withdrawal from the Customer, ernest&lulu reimburse all payments received from the Customer, including delivery costs without undue delay and, in any event, no later than fourteen days from the day ernest&lulu is informed of the decision to withdraw from this contract.
The reimbursement will be made using the same means of payment as that which the Client used for the initial transaction, unless the Client expressly agrees to a different means; in any event, this reimbursement will not incur any costs for the Client.
However, the refund will be made provided that the Products have been returned to the Seller.
ARTICLE 10 – PRODUCT QUALITY
The products from ernest&lulu are handcrafted in France.
ernest&lulu products comply with the standards and regulations applicable in France. ernest&lulu reserves the right to modify the specifications of its Products at any time according to changes in standards applicable in France. Never, ernest&lulu does not guarantee the conformity of the Products with the standards and regulations applicable outside of France. It is therefore the responsibility of the Customer to ensure – before placing an Order – that the Products he intends to acquire comply with the standards and regulations applicable in the territory of destination of the Products. In this context, the Customer acquires the Products at his own risk and cannot be held responsible for ernest&lulu on the basis of their non-compliance with standards and regulations outside France.
ARTICLE 11 – GUARANTEE
ernest&lulu is held legal guarantees in force, namely, the legal guarantee of conformity in application of articles L.217-4 and following of the Consumer Code and the legal guarantee of hidden defects in application of articles 1641 and following of the Civil Code.
The legal guarantee of conformity:
The legal guarantee of conformity is valid for 2 years from the delivery of the goods.
In the event of a lack of conformity within the meaning of article L. 217-4 of the consumer code, the Customer can choose between repairing or replacing the goods. ernest&lulu may nevertheless not proceed according to the choice of the Customer when this choice involves a manifestly disproportionate cost with regard to the other modality taking into account the value of the good or the importance of the defect.
When repair or replacement is impossible, the Customer may return the goods and have the price returned or keep the goods and have part of the price returned.
The Customer is exempted from providing proof of the existence of the lack of conformity of the goods for twenty-four (24) months from the delivery of the goods. It is specified that ernest&lulu can combat this presumption if it is incompatible with the nature of the goods or the alleged lack of conformity;
The hidden defect guarantee:
The warranty for hidden defects is valid for 2 years from the discovery of the hidden defect.
In the event of a hidden defect within the meaning of article 1641 of the civil code, the Client has the choice between
the resolution of the sale and a reduction in the sale price in accordance with article 1644 of the Civil Code.
In the event that the Customer acts as a guarantee against hidden defects in the thing sold, complaints about apparent defects or non-conformity of the products delivered to the products ordered must be made by registered letter with acknowledgment of receipt addressed to ernest&lulu within 10 days of finding said defects. The Buyer must leave at ernest&lulu any facility to proceed to the observation of these vices or anomalies.
The full text of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9, L. 217-10, L. 217-12, and L. 217-16 of the Code of consumption and articles 1641, 1645, 1646 and 1648 of the Civil Code is listed in Annex 1 to these General Conditions.
ARTICLE 13 – RESPONSIBILITY
ernest&lulu company is released from any responsibility in the event of violation of these General Conditions or in the event of use of the Products not in conformity with the rules of use communicated to the Customer by the Seller.
In addition, it is released from its obligations both in terms of delivery and performance if a fortuitous event or force majeure occurs, in particular in the event of fire, flood, total or partial strike, lockout immobilizing supplies.
ARTICLE 14 – MEDIATION
In accordance with the provisions of articles L.612-1 et seq. Of the Consumer Code, it is specified that the Client may, before any legal action, have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of a dispute arising with ernest&lulu.
It is also specified that, in accordance with the provisions of article L. 612-2 of the Consumer Code, the Buyer must, before any recourse to the mediator, send a written complaint to ernest&lulu in order to try to resolve his dispute.
In case of dissatisfaction following his complaint to ernest&lulu, the Client may have recourse to the mediator whose contact details are given below:
Paris Mediation and Arbitration Center
39 avenue Franklin D. Roosevelt
Phone: +33 1 44 95 11 40
or via their website at url: http://www.cmap.fr/le-cmap/nous-saisir/nous-saisir-en-mediation-de-la-consommation-2/
It is specified, in accordance with the provisions of article L. 616-2 of the Consumer Code, that the Customer can also use the European online dispute resolution platform, accessible at the following url address: http://ec.europa.eu/consumers/odr/.
ARTICLE 15 – APPLICABLE LAW / JURISDICTION
These General Conditions are written in French. They are executed and interpreted in accordance with French law.
In case of disputes relating to the interpretation of these or the execution of Orders, the French courts will have sole jurisdiction.
The competent court will be determined in accordance with the rules of ordinary law.