General Conditions of Sale

GENERAL CONDITIONS OF SALE

Effective from 05/17/2021

ARTICLE 1 – SCOPE OF APPLICATION

These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply, without restriction or reservation, to all sales concluded by the seller with non-professional buyers ("The Customer"), wishing to acquire the products offered for sale ("The Products") by the seller on the website lescotonsderomane.com. The products offered for sale on the website are as follows:

- cotton accessories.

The main characteristics of the products and in particular the specifications, illustrations and indications of dimensions or capacity of the products are presented on the site, which the customer is required to read before ordering.

The choice and purchase of a product is the sole responsibility of the customer.

Product offers are subject to availability, as specified when the order is placed.

These T&Cs are accessible at any time on the lescotonsderomane.com website and will prevail over any other document.

The customer declares to have read these General Terms and Conditions and to have accepted them by ticking the box provided for this purpose before implementing the online ordering procedure on the lescotonsderomane.com website.

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

The seller's contact details are as follows:

Romane's cottons

10 Corinth Street

35200 RENNES

Registration number: 850 310 939

E - mail: lescottonsderomane@gmail.com

The products presented on the site are offered for sale in the following territories:

- France

- Belgium

- Luxembourg

In the event of an order to another country, the customer is the importer of the product(s) concerned.

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

Customs duties or other local taxes or import duties or state taxes may be payable. These will be the responsibility of the customer.

ARTICLE 2 - PRICE

The products are supplied at the current prices appearing on the site, when the order is registered by the seller.

Prices are expressed in Euros and only inclusive of VAT, the micro-enterprise Les Cotons de Romane being exempt from VAT.

The prices take into account any discounts that may be granted by the seller on the lescotonsderomane.com website.

These prices are firm and not subject to revision during their period of validity, but the seller reserves the right, outside the period of validity, to modify the prices at any time.

Prices do not include processing, shipping, transport and delivery costs, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order.

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

An invoice is drawn up and sent to the customer by email when the order is placed.

ARTICLE 3 – ORDERS

It is up to the customer to select the products they wish to order on the site, according to the following methods:

- Product offers are valid as long as they are visible on the site, within the limits of available stocks.

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

- Any order placed on the site constitutes the formation of a contract concluded remotely between the customer and the seller.

- The seller reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.

- The customer will be able to follow the progress of his order on the site.

ARTICLE 3 BIS – CUSTOMER AREA – ACCOUNT

In order to place an order, the customer is invited to create an account (personal space).

To do this, he must register by completing the form which will be offered to him at the time of his order and undertakes to provide sincere and exact information concerning his civil status and his contact details, in particular his e-mail address.

The customer is responsible for updating the information provided. It is specified that they can modify it by logging into their account.

To access their personal space and order history, the customer must identify themselves using their username and password, which will be communicated to them after registration and which are strictly personal. As such, the customer is prohibited from disclosing them. Otherwise, they will remain solely responsible for the use made of them.

The customer may also request to unsubscribe by sending an email to: lescotonsderomane@gmail.com . This will be effective within a reasonable time.

In the event of non-compliance with the general conditions of sale and/or use, the site lescotonsderomane.com will have the possibility of suspending or even closing a customer's account after formal notice sent electronically and remaining without effect.

Any deletion of an account, whatever the reason, results in the pure and simple deletion of all the customer's personal information.

The seller shall not be liable for any event due to force majeure resulting in a malfunction of the site or server, subject to any interruption or modification in the event of maintenance.

Creation of the account implies acceptance of these general conditions of sale.

ARTICLE 4 – PAYMENT CONDITIONS

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

- payment by credit card

- payment by Paypal

The price is payable in cash by the customer, in full 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 banking transactions carried out on the site.

Payments made by the customer will only be considered final after actual collection by the seller of the amounts due.

The seller will not be required to deliver the products ordered by the customer if the latter does not pay the price in full under the conditions indicated above.

ARTICLE 5 – DELIVERIES

The products ordered by the customer will be delivered in mainland France and worldwide.

Deliveries take place within a maximum period of:

- 10 days for Europe

- 20 days for the rest of the world.

Delivery is constituted by the transfer to the customer of physical possession.

Except in special cases or if one or more products are unavailable, these will be delivered in one go.

The seller undertakes to make its best efforts to deliver the products ordered by the customer within the time limits specified above.

If the ordered products have not been delivered within 1 month after the indicative delivery date, for any reason other than force majeure or the customer's actions, the sale may be cancelled at the customer's written request under the conditions set out in Articles L216-2, L216-3 and L241-4 of the Consumer Code. The sums paid by the customer will then be returned to him at the latest within 14 days following the date of termination of the contract, excluding any compensation or withholding.

Deliveries are made by an independent carrier to the address specified by the customer when ordering, which the carrier can easily access.

When the customer has himself arranged for a carrier of his own choosing, delivery is deemed to have been made upon delivery of the ordered products by the seller or carrier who has accepted them without reservation. The customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse under warranty against the seller in the event of failure to deliver the transported goods.

In the event of a specific request from the customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the seller, the related costs will be subject to specific additional invoicing, based on a quote previously accepted in writing by the customer.

The customer is required to check the condition of the delivered products. He has a period of 14 days from delivery to make complaints by email, accompanied by all relevant supporting documents (photos in particular). After this period and if these formalities have not been complied with, the products will be deemed compliant and free from any apparent defect and no complaint can be validly accepted by the seller.

The seller will refund or replace as soon as possible and at its own expense, the products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the customer, under the conditions provided for in these General Terms and Conditions.

The transfer of risks of loss and deterioration relating thereto will only take place when the customer takes physical possession of the products. The products therefore travel at the seller's risk unless the customer has chosen the carrier himself. As such, the risks are transferred at the time the goods are handed over to the carrier.

ARTICLE 6 – TRANSFER OF OWNERSHIP

The transfer of ownership of the products from the seller to the customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the said products.

ARTICLE 7 – RIGHT OF WITHDRAWAL

According to the terms of article L221-18 of the Consumer Code “For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.”

The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the site or any other unambiguous declaration expressing the desire to withdraw and in particular by post addressed to the seller at the postal or email address indicated in article 1 of the T&Cs.

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

Damaged, soiled or incomplete products will not be accepted.

Return costs remain the responsibility of the customer.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the seller of the products returned by the customer under the conditions set out in this article.

ARTICLE 8 – SELLER’S LIABILITY – GUARANTEES

The products supplied by the seller benefit from:

- the legal guarantee of conformity, for defective, damaged or damaged products or those not corresponding to the order,

- the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use.

Provisions relating to legal guarantees:

Article L217-4 of the Consumer Code

"The seller is required to deliver goods that conform to 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, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility."

Article L217-5 of the Consumer Code

“The property complies with the contract:

1° If it is suitable for 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 presents the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, by the producer, or by his representative, in particular 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.

Article L217-12 of the Consumer Code

“The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods.”

Article 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 acquired it, or would have paid a lower price for it, if he had known of them."

Article 1648 paragraph ¹ of the Civil Code

“The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.”

Article L217-16 of the Consumer Code

"When the buyer requests from the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or from the making available for repair of the good in question, if this making available is subsequent to the request for intervention."

In order to assert his rights, the customer must inform the seller, by e-mail, of the non-conformity of the products or the existence of hidden defects from the moment they are discovered.

The seller will refund, replace or repair any products or parts under warranty deemed non-compliant or defective.

Shipping costs will be reimbursed based on the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.

Refunds, replacements or repairs for products deemed non-compliant or defective will be made as soon as possible and at the latest within 7 days of the seller noting the lack of conformity or hidden defect. This refund will be made by bank transfer.

The seller cannot be held liable in the following cases:

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

- in the event of misuse, negligence or lack of maintenance on the part of the customer, as in the event 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 engage the responsibility of the seller.

The seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant or defective products.

ARTICLE 9 – PERSONAL DATA

The customer is informed that the collection of his/her personal data is necessary for the sale of the products and their delivery, entrusted to the seller. 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 are as follows:

- Opening an account

When creating the customer account: first name, last name, postal address, telephone number and email address.

- Payment

As part of the payment for products offered on the site, it records financial data relating to the customer's bank account or credit card.

9.2 Recipients of personal data

Personal data is reserved for the sole 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, Regulation 2016/679 on the protection of personal data.

9.4 Limitation of processing

Unless the customer expressly agrees, their personal data is not used for advertising or marketing purposes.

9.5 Data retention period

The seller will keep the data thus collected for a period of 5 years, covering the limitation period of the applicable contractual civil liability.

9.6 Security and confidentiality

The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, 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 customer and user rights

In accordance with the regulations applicable to personal data, customers and users of the site have the following rights:

- They can update or delete data concerning them

- They can delete their account

- They can exercise their right of access to know the personal data concerning them

- If the personal data held by the seller is inaccurate, they can request that the information be updated

- They can request the deletion of their personal data, in accordance with applicable data protection laws

- Finally, they can object to the processing of their data by the seller.

These rights, provided they do not conflict with the purpose of the processing, can be exercised by sending a request by e-mail to: lescotonsderomane@gmail.com .

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

In the event of refusal to comply with the customer's request, reasons must be given.

The customer is informed that in the event of refusal, he/she can file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The customer may be asked to tick a box to agree to receive informational and promotional emails from the seller. The customer can always withdraw their consent at any time by contacting the seller by email.

ARTICLE 10 – INTELLECTUAL PROPERTY

The content of the site lescotonsderomane.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 of copyright.

ARTICLE 11 – APPLICABLE LAW – LANGUAGE

These General Terms and Conditions and the operations resulting from them are governed by and subject to French law.

These 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 be authoritative in the event of a dispute.

ARTICLE 12 – DISPUTES

For any complaints, please contact customer service by email at: lescotonsderomane@gmail.com .

The client is informed that he may in any event resort to conventional mediation, through existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

In this case, the designated mediator can be contacted at the following address:

- https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&Ing=FR

All disputes arising from purchase and sale transactions concluded in application of these General Terms and Conditions of Sale and which have not been settled amicably between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.

APPENDIX 1

Withdrawal form

Date : .../.../…...

This form must be completed and returned only if the customer wishes to withdraw from the order placed on lescotonsderomane.com, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.

To the attention of:

Romane's cottons

10 Corinth Street

35200 RENNES

I hereby notify the withdrawal of the contract relating to the goods below:

- Order dated (indicate the date) : .../.../……

- Order number: ………………………

- Customer name: ………………………………….

- Customer address: ………………………………..

Customer signature (only if this form is notified on paper)