TERMS AND CONDITIONS OF SALE

 

In effect as of 12/01/2024

ARTICLE 1 - Scope

The present General Terms and Conditions of Sale (referred to as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("The Clients or the Client") wishing to acquire the products offered for sale ("The Products") by the Seller on the website www.so-creativ.com. The Products offered for sale on the site are as follows: handcrafted products.

The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website www.so-creativ.com, which the customer is required to review before placing an order.

The choice and purchase of a Product are the sole responsibility of the Client.

The product offers are subject to availability, as specified at the time of order placement.

These terms and conditions are accessible at any time on the website www.so-creativ.com and will prevail over any other document.

The Client declares that they have read these General Terms and Conditions and accepted them by checking the box provided for this purpose before initiating the online ordering process on the website www.so-creativ.com.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.

The Seller's contact details are as follows:

Sophie Rostaing

SIRET registration number : 76467801100022

Email : s.rostaing@so-creativ.fr

Phone : 06 88 75 67 92

The products presented on the website www.so-creativ.com are offered for sale in the following territories: International

In the case of an order to a country other than mainland France, the Customer is the importer of the concerned Product(s).

For all products shipped outside the European Union and overseas territories, the price will be automatically calculated excluding taxes on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility of and solely borne by the Client.

ARTICLE 2 - Price

The Products are provided at the current prices listed on the website www.so-creativ.com, at the time the order is placed by the Seller.

The prices are expressed in Euros, VAT not applicable, article 293B of the CGI

The prices take into account any discounts that may be granted by the Seller on the website www.so-creativ.com.

These prices are fixed and non-revisable during their validity period, but the Seller reserves the right, outside the validity period, to change the prices at any time.

The prices do not include processing, shipping, transportation, and delivery fees, which are charged additionally, under the conditions stated on the site and calculated prior to placing the order.

The payment requested from the Client corresponds to the total amount of the purchase, including these fees.

A bill is issued by the Seller and given to the Client upon delivery of the ordered Products.

ARTICLE 3 – Orders

It is the Client's responsibility to select on the website www.so-creativ.com the Products they wish to order, according to the following terms: Add to cart

The product offers are valid as long as they are visible on the site, within the limits of available stock.

The sale will only be considered valid after full payment of the price. It is the Client's responsibility to verify the accuracy of the order and to report any errors immediately.

Any order placed on the website www.so-creativ.com constitutes the formation of a contract concluded at a distance between the Client and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.

The Client will be able to track the progress of their order on the site.

 

Any cancellation of the order by the Client will only be possible before the delivery of the Products (regardless of the provisions regarding the application or not of the legal right of withdrawal).

ARTICLE 4 - Payment Terms

 The price is paid through secure payment, according to the following terms:

• payment by credit card via Stripe or Paypal

• payment by bank transfer to the Seller's bank account (the details of which are provided to the Client at the time of placing the order)

The price is payable in full by the Client on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in the banking transactions conducted on the site www.so-creativ.com.

Payments made by the Client will only be considered final after the Seller has actually received the amounts due.

The Seller shall not be obligated to deliver the Products ordered by the Client if the Client does not pay the full price in accordance with the conditions stated above.

ARTICLE 5 - Deliveries

The products ordered by the Client will be delivered in metropolitan France or in the following area(s): International.

Deliveries occur within 1 month at the address provided by the Customer when placing their order on the site.

The delivery consists of the transfer to the Client of physical possession or control of the Product. Unless in special cases or unavailability of one or more Products, the ordered Products will be delivered all at once.

The Seller agrees to make its best efforts to deliver the products ordered by the Client within the timeframes specified above.

 

If the ordered Products have not been delivered within 15 days after the indicative delivery date, for any reason other than force majeure or the Client's actions, the sale may be canceled at the written request of the Client under the conditions provided in articles L 216-2, L 216-3, and L241-4 of the Consumer Code (French). The amounts paid by the Client will then be refunded to them no later than fourteen days following the date of contract termination, excluding any compensation or withholding.

 

In the event of a specific request from the Client regarding the packaging or transportation conditions of the ordered products, duly accepted in writing by the Seller, the associated costs will be subject to a specific additional charge, based on a quote previously accepted in writing by the Client.

The Client is required to check the condition of the delivered products. They have a period of 15 days from the date of delivery to make any claims, accompanied by all relevant supporting documents (including photos). After this period, and if these formalities have not been respected, the Products will be deemed compliant and free from any apparent defects, and no claims will be validly accepted by the Seller.

The Seller will refund or replace as soon as possible and at their own expense, the delivered Products for which defects of conformity or apparent or hidden defects have been duly proven by the Customer, in accordance with the provisions of articles L 217-4 (French) and following of the Consumer Code and those provided in these General Terms and Conditions.

 

The transfer of risks of loss and deterioration related to it will only occur when the Client physically takes possession of the Products. The Products therefore travel at the Seller's risk and peril unless the Client has chosen the carrier themselves. In this regard, the risks are transferred at the moment the goods are handed over to the carrier.

ARTICLE 6 - Transfer of Ownership

The transfer of ownership of the Seller's Products to the Client will only be completed after full payment of the price by the latter, regardless of the delivery date of said Products.

ARTICLE 7 - Right of Withdrawal

According to the provisions of Article L221-18 of the French Consumer Code, "For contracts providing for the regular delivery of goods over a defined period, the time period begins from the receipt of the first good."

The right of withdrawal can be exercised online, using the attached withdrawal form, which is also available on the website, or through any other unambiguous statement expressing the intention to withdraw, including by postal mail addressed to the Seller at the postal or email contact details provided in ARTICLE 1 of the General Terms and Conditions.

Returns must be made in their original condition and complete (packaging, accessories, instructions...) allowing for their resale as new, accompanied by the purchase invoice.

Damaged, soiled, or incomplete products are not accepted.

The return shipping costs are the responsibility of the Customer.

The exchange (subject to availability) or refund will be processed within 14 days from the receipt by the Seller of the Products returned by the Customer under the conditions set forth in this article..

ARTICLE 8 - Seller's Liability - Warranties

The Products provided by the Seller benefit from:

• of the legal warranty of conformity, for defective, damaged, or impaired Products or those not corresponding to the order,

• the legal warranty against hidden defects arising from a defect in materials, design, or manufacturing affecting the delivered products and rendering them unfit for use,

 

Provisions relating to legal warranties

Article L217-4 of the French Consumer Code

“The seller is required to deliver a good that conforms to the contract and is responsible for any conformity defects existing at the time of delivery. The seller is also responsible for conformity defects resulting from the packaging, assembly instructions, or installation when such tasks have been assigned to them by the contract or have been carried out under their responsibility.”

Article L217-5 of the Consumer Code

“The property is in accordance with the contract:

1° If it is suitable for the usual expected use of a similar good and, applicable:

if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;

if it has the qualities that a buyer can legitimately expect in light of the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement of the parties or is suitable for any special purpose sought by the buyer, which has been communicated to the seller and accepted by the latter.

Article L217-12 of the Consumer Code

“The action resulting from the lack of conformity is subject to a two-year limitation period from the delivery of the goods.”

Article 1641 of the French Civil Code

“The seller is liable for the warranty due to hidden defects in the sold item that render it unfit for the intended use, or that diminish that use to such an extent that the buyer would not have purchased it, or would have paid a lower price, had they known of the defects.”

Article 1648 paragraph 1 of the Civil Code

“The action resulting from hidden defects must be initiated by the buyer within a period of two years from the discovery of the defect.”

Article L217-16 of the Consumer Code

“When the buyer requests the seller, during the term of the commercial warranty granted to them at the time of the acquisition or repair of a movable good, a restoration covered by the warranty, any period of immobilization of at least seven days will be added to the remaining duration of the warranty. This period begins from the buyer's request for intervention or from the availability of the item for repair, if this availability occurs after the request for intervention.”

In order to assert its rights, the Client must inform the Seller, in writing (email or mail), of the non-conformity of the Products or the existence of hidden defects from the time of their discovery.

The Seller will refund, replace, or repair the Products or parts under warranty that are deemed non-compliant or defective.

The shipping costs will be reimbursed based on the charged rate, and the return costs will be reimbursed upon presentation of receipts.

Refunds, replacements, or repairs of Products deemed non-compliant or defective will be carried out as soon as possible and no later than 15 days following the Seller's acknowledgment of the non-compliance or hidden defect. This refund may be made by bank transfer or check.

The Seller's liability cannot be engaged in the following cases:

•  non-compliance with the legislation of the country in which the products are delivered, which it is the Client's responsibility to verify,

• in case of misuse, use for professional purposes, negligence or lack of maintenance by the Client, as well as in the case of normal wear and tear of the Product, accident, or force majeure.

• The photographs and graphics presented on the site are not contractual and cannot hold the Seller liable.

The Seller's warranty is, in any case, limited to the replacement or refund of non-compliant Products or those affected by a defect..

ARTICLE 9 - Personal Data

The Client is informed that the collection of their personal data is necessary for the sale of Products by the Seller as well as for their transmission to third parties for the purpose of delivering the Products. This personal data is collected solely for the execution of the sales contract.

 

9.1 - Collection of Personal Data

The personal data collected on the site www.so-creativ.com are as follows:

 

Product Order:

When the Client orders Products:

Names, first names, postal address, phone number, and email address.

 

Payment :

As part of the payment for the Products offered on the site www.so-creativ.com, it records financial data related to the Client's/user's bank account or credit card.

 

9.2 - Recipients of personal data

Personal data is reserved for the exclusive use of the Seller and its employees.

 

9.3 - Data Controller

The data controller is the Seller, within the meaning of the Data Protection Act and, as of May 25, 2018, the Regulation 2016/679 on the protection of personal data.

 

9.4 - Limitation of processing

Unless the Client expresses their explicit consent, their personal data is not used for advertising or marketing purposes.

 

9.5 - Data Retention Period

The Seller will retain the data collected for a period of 5 years, covering the duration of the statute of limitations for applicable contractual civil liability.

 

9.6 - Security and Privacy

The Seller implements organizational, technical, software, and physical measures regarding digital security to protect personal data against alterations, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

 

9.7 - Implementation of the rights of Clients and users

In accordance with the regulations applicable to personal data, the Clients and users of the site www.so-creativ.com have the following rights:

• They can update or delete the data concerning them as follows: Delete my account
• They can delete their account by writing to the email address provided in Article 9.3 "Data Controller"
• They can exercise their right of access to know the personal data concerning them by writing to the address indicated in Article 9.3 "Data Controller" 
• If the personal data held by the Seller is inaccurate, they may request the update of the information by writing to the address indicated in Article 9.3 "Data Controller."
• They can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address specified in Article 9.3 "Data Controller."
• They can also request the portability of the data held by the Seller to another provider
•  Finally, they can object to the processing of their data by the Seller

These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by mail or by email to the Data Controller whose contact details are provided above.

The data controller must provide a response within a maximum period of one month.

If the request of the Client is denied, it must be justified.

The Client is informed that in case of refusal, they can file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or take legal action.

The Client may be asked to check a box indicating that they agree to receive informational and promotional emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 - Intellectual Property

The content of the site www.so-creativ.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.

ARTICLE 11 - Governing Law - Language

The present General Terms and Conditions and the operations arising from them are governed by and subject to French law.

The present General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.

ARTICLE 12 - Disputes

For any complaints, please contact customer service at the postal or email address of the Seller indicated in ARTICLE 1 of these General Terms and Conditions.

The Client is informed that they can, in any case, resort to conventional mediation, through existing sectoral mediation bodies or any alternative dispute resolution method (such as conciliation) in the event of a dispute.

In this case, the designated mediator is:

CM2C

Address: 49 Ponthieu Street - 75008 Paris

Site: https://www.cm2c.net

E-mail : cm2c@cm2c.net

The Client is also informed that they can also resort to the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising from the purchase and sale transactions concluded under these General Terms and Conditions that have not been subject to an amicable settlement between the seller or through mediation will be submitted to the competent courts under common law conditions.

ANNEX I

Withdrawal form

 

Date ______________________

 

The present form must be completed and returned only if the Client wishes to withdraw from the order placed on www.so-creativ.com, except for exclusions or limitations on the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.

To the attention of Sophie Rostaing - So Creativ' Workshop

I hereby notify the retraction of the contract concerning the property listed below:

-  Order of (indicate the date)

-  Order number: ...........................................................

-  Client Name: ...........................................................................

-  Client's Address: .......................................................................

 

Client Signature (only in the case of notification of this form on paper)