General conditions of sale – The essence of Harmony
These conditions of sale are concluded on the one hand by the company Loppe Harmonie under the commercial name l'Essence d'Harmonie located at 2 chemin du petit molle 16250 Coteaux du Blanzacais, registered in the Angoulème trade register under number 91496957100019 and on the other hand, by any natural or legal person wishing to make a purchase via our website hereinafter referred to as _cc781905-5cde-3194- bb3b-136bad5cf58d_"the buyer" or "the customer".
Article 1: object
The present conditions of sale are intended to define the contractual relationship between "l'essence d'harmonie" and the buyer and the conditions applicable to any purchase made through the merchant site of "l' essence of harmony "The acquisition of a good or a service through this site implies unreserved acceptance by the buyer of these conditions of sale. These conditions of sale shall prevail over any other general or specific conditions not expressly approved by the "essence of harmony".
"L'essence d'harmonie" reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the buyer.
Article 2 - Characteristics of the goods and services offered
The general conditions of sale described below detail the rights and obligations of the company Loppe Harmonie - l'Essence d'Harmonie and its customer in connection with the sale of the following goods: candles, _cc781905-5cde-3194-bb3b- 136bad5cf58d_ fondants.
These products and services are offered within the limits of available stocks.
The photos on the site are as accurate as possible but cannot ensure perfect similarity with the product offered, particularly with regard to colors. Each product is unique, the color may vary from one product or from one batch to the other. The photographs are as accurate as possible but do not bind the Seller in any way.
Article 3 – Rates
The prices appearing in the catalog are prices inclusive of VAT in euros.
"L'Essence d'Harmonie" reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer.
The prices indicated do not include delivery costs, invoiced in addition to the price of the products purchased according to the total amount of the order. In mainland France, for any order greater than or equal to 65 euros including tax, shipping costs are free (see delivery and return page).
Article 4 - Orders
The customer who wishes to purchase a product or service must:
– fill in the identification form on which he will indicate all the contact details requested or give his customer number if he has one
– complete the online order form giving all the references of the products or services chosen
– validate his order after having checked it
- accept the general conditions of sale by ticking the box provided
- make the payment under the conditions provided
– confirm your order and payment
All the data provided and the recorded confirmation will constitute proof of the transaction. Confirmation will be worth signing and acceptance of transactions.
The seller will communicate by e-mail confirmation of the registered order.
Article 5 - Terms of payment
The price is due when ordering.
The payment methods available on the online store are as follows:
-
by credit card made through the secure Mollie or Stripe system
Any order placed on the online store with withdrawal from the workshop or delivery by hand and not paid for on the site is due at the time of withdrawal of the goods. Any validated order entails an obligation to pay the latter.
Article 6 - Default of payment
L'essence d'Harmonie reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid a
previous order or with which a payment dispute is in progress. The company reserves the right not to accept an order from a dubious or unidentifiable source.
Article 7 - Deliveries
Applicable texts - Consumer Code - articles: L.114-1-L.121-20-3 - Civil Code - article 1610
Delivery is made:
-
either by direct delivery of the goods to the customer;
-
either by sending a notice of availability to the workshop for the attention of the customer by e-mail to the e-mail address indicated when placing the order;
-
or by shipping the goods to the place indicated by the buyer on the order form.
Delivery times are given for information only; if these exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed.
Consequently, any reasonable delay in the delivery of the products cannot give rise to the benefit of the buyer:
-
the award of damages;
-
cancellation of the order.
The buyer is required to check, in the presence of the La Poste employee or the deliverer, the condition of the packaging of the goods and its contents on delivery.
In the event of goods missing or damaged during transport, the buyer must make all the necessary reservations on the order form upon receipt of the said goods as well as by email to the address lessencedharmonie@free.fr. These reservations must also be confirmed in writing within five days of delivery, by registered mail AR addressed to the company l'essence d'harmonie
The buyer must check the condition of the goods upon receipt. The buyer is advised not to give in to pressure from the delivery people and to take the time to examine the order received. In the event of non-compliant delivery, the package should be refused and express reservations made on the delivery note. The buyer will justify in writing the reason for the refusal, specifying:
- The reference
- The amount
- Damaged or missing products
You must also specify on the slip the condition of the package (damaged, opened, re-taped). Otherwise, the goods will be deemed accepted by the buyer and Les Fées Mères will be released from its obligations vis-à-vis the buyer and/or the carrier.
Any claim entails a legal prohibition for the buyer to intervene or have a third party intervene on the goods, except with the prior agreement of Les Fées Mères.
It is up to the buyer to provide any justification as to the reality of the defects or anomalies observed. Deliveries are made to the address indicated in the order form which can only be in the agreed geographical area.
Article 8 - Retention of title clause
L'essence d'harmonie retains ownership of the goods sold until full payment of the price
Article 9.-Warranty
All products supplied by the company l'essence d'harmonie benefit from the legal guarantee provided for by articles 1641 and following of the Civil Code. In the event of non-conformity of a product sold, it may be returned to L'essence d'harmonie, which will take it back, exchange it or refund it. All complaints, requests for exchange or refund must be made by post to the following address “l'essence d'harmonie 2 chemin du petit molle, 16250 coteaux du blanzacais” within thirty days of delivery.
“The general conditions of sale specify in a box the information relating to information on the legal guarantees of conformity such as:
- the consumer has a period of two years from the delivery of the goods to act,
- the consumer can choose between the repair or the replacement of the good subject to the conditions of cost envisaged by the articleL.211-9of the consumer code,
- the consumer is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods. »
Articles L.217-4 and following govern the provisions relating to the right of guarantee.
Article L.217-4.The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L.217-5. The property is in accordance with the contract:
1- If it is specific to the use usually expected of a similar good and, where applicable:
- If it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- If it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2- Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L.217-6. The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately able to know them.
Article L.217-7.The defects of conformity which appear within twenty-four months from the delivery of the goods 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 challenge this presumption if it is not compatible with the nature of the good or the alleged lack of conformity.
Article L.217-8.The buyer is entitled to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials supplied by him.
Article L.217-9. In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good.
However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L.217-10. If the repair and replacement of the good is impossible, the buyer can return the good and have the price refunded or keep the good 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 without major inconvenience for him given the nature of the property and the use he is looking for.
However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.
Article L.217-11.The application of the provisions of articles L.217-9 and L.217-10 takes place at no cost to the buyer.
These same provisions do not preclude the award of damages.
Article L.217-12. The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L217-13. The provisions of this section do not deprive the buyer of the right to exercise the 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 which is recognized to him. by the law.
Article L.217-14.The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the Civil Code.
Article 10 - Force Majeure
The responsibility of the company L'essence d'harmonie cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these general conditions of sale results from a case force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning ofsection 1148of the Civil Code.
The company L'essence d'harmonie in the distance selling process is only bound by an obligation of means. It cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.
Article 11 - Right of withdrawal
In application ofarticle L121-21of the Consumer Code, the customer has a withdrawal period of fourteen (14) days from the date of receipt of the package, in which case the customer will be refunded or the product will be exchanged. The products must be returned in their original packaging and in perfect new condition with the packaging, without scratches or signs of wear. Returns must be made in their original and complete packaging and accompanied by a copy of the purchase invoice. When the 14-day period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day.
The right of withdrawal does not apply for the purchase of certain goods or services in particular, according to the provisions ofarticle L121-21-8of the Consumer Code:
“The right of withdrawal cannot be exercised for contracts: (...)
- The supply of services fully performed before the end of the withdrawal period and the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal;
(...)
- Supply of goods made to the consumer's specifications or clearly personalized. (...) »
To exercise his right of withdrawal for other products, the customer must, within the period indicated above, send to L'essence d'harmonie, a registered letter with acknowledgment of receipt specifying his wish to use this right at the following address:
Loppe Harmonie - The essence of harmony
2 chemin du petit molle
16250 slopes of the blanzacais
The customer must return the products, to the address indicated above of these General Conditions of Sale, within fourteen (14) days of the communication of his decision to withdraw, in their perfect original condition and packaging, without any trace or mark, with all the accessories (including the instructions) and any gifts offered.
He must return the product with a duplicate of the invoice and the duly completed withdrawal form available below.Only the risks and costs of returning the products remain the responsibility of the customer.If all the conditions required for the return of the products are not respected, L'essence d'harmonie may deduct from the sums to be reimbursed, if necessary, a share of the sale price corresponding to the sale price of the missing products. , as well as the repair, replacement and/or restoration of any damaged products.
L'essence d'harmonie undertakes to reimburse the buyer within fourteen (14) days of receipt of the registered letter specifying the Customer's desire to withdraw. Nevertheless, L'essence d'harmonie is entitled to defer this refund until actual receipt of the products.
The refund is made directly to the customer's bank account by bank transfer.
Any return must be reported in advance to the Customer Service of the company L'essence d'harmonie by e-mail to the following e-mail address:lessencedharmonie@gmail.com
Withdrawal form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.lessencedharmonie.fr except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
On (date _ _ / _ _ / _ _ _ _), at (place),
For the attention of L'essence d'harmonie - Mme Loppe Harmonie –
2 chemin du petit molle –
16250 Coteaux du Blanzacais, France
I hereby notify the withdrawal of the contract relating to the property below:
- Command of: _ _ / _ _ / _ _ _ _
- Order number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
- Customer Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of
- Customer's address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Customer signature:
Article 12 - Disputes and Mediation
This contract is subject to French law. L'essence d'harmonie cannot be held responsible for damages of any kind, material, immaterial or bodily, which could result from the misuse of the products marketed.
In the event of difficulties in the application of this contract, the Customer has the option, before any legal action, of seeking an amicable solution, in particular with the help of a professional association in the sector, a consumer association or any other counsel of his choice.
Complaints or disputes will always be received with attentive benevolence, good faith being always presumed in those who take the trouble to explain their situation. In the event of a dispute, the Customer will first contact the company to obtain an amicable solution. In the absence of an amicable agreement between the Parties, the dispute will be submitted to the French courts, unless otherwise provided by law.
In accordanceto articles L.616-1 and R.616-1of the consumer code, we offer a consumer mediation system. The chosen mediation entity is: CNPM - CONSUMER MEDIATION.
In the event of a dispute, you can file your complaint on its website:https://cnpm-mediation-consumption.euor by post by writing to CNPM - MEDIATION - CONSUMPTION - 27 avenue de la libération - 42400 Saint-Chamond.
Article 13 - Information and Freedom
In accordance with the provisions of the law "Informatique et Liberté" modified by the law of August 6, 2004, the customer is informed that the personal data communicated by the customer are processed by computer by the seller. This information is necessary for the processing and execution of orders. The customer has a right of information, access and rectification. Requests for communication and rectification must be made in writing to the address of the head office of L'essence d'harmonie.
L'essence d'harmonie undertakes not to disseminate any personal data, the data communicated to the company will only be used for commercial exchanges between the customer and 'essence d'harmonie.
No e-mail address is sold, given, transferred or exchanged. At any time, you have the right to access and rectify your details.
.