Terms of Sales
of products online to individual consumers
Preamble
These general conditions of sale apply to all sales made on the Secret Witchery website.
The secretwitchery.com website is a service of:
The Secret Witchery company
Located 53 rue de la republique 76000 Rouen, France
Site URL address: secretwitchery.com
E-mail: secretwitchery.pro@gmail.com
Telephone number: 0607637768
The Secret Witchery website sells the following products: Collectible dolls and accessories.
The customer declares to have read and accepted the general conditions of sale prior to placing his order. The validation of the order therefore implies acceptance of the general conditions of sale.
Article 1 - Principles
These general conditions express all the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible on the Secret Witchery website and will prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector, the companies of which are headquartered in France.
These general conditions of sale are valid until September 01, 2020.
Article 2 - Content
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the Secret Witchery website.
These conditions only apply to purchases made on the Secret Witchery site and delivered exclusively in mainland France or Corsica. For any delivery in the French overseas departments and territories or abroad, a message should be sent to the following e-mail address: secretwitchery.pro@gmail.com.
These purchases relate to the following products: Collectible dolls and accessories.
Article 3 - Pre-contractual information
The buyer acknowledges having had communication, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 221- 5 of the Consumer Code.
The following information is sent to the buyer in a clear and understandable manner:
- the essential characteristics of the property;
- the price of the good and / or the method of calculating the price;
- if applicable, all additional costs of transport, delivery or postage and all other possible costs payable;
- in the absence of immediate execution of the contract, the date or the deadline at which the seller undertakes to deliver the good, whatever its price;
- information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities, those relating to legal guarantees, to the functionalities of digital content and, where applicable, to its interoperability, to the existence and the terms of implementation of guarantees and other contractual conditions.
Article 4 - The order
The purchaser has the possibility of placing his order online, from the online catalog and by means of the form which appears there, for any product, within the limit of available stocks.
The buyer will be informed of any unavailability of the product or the goods ordered.
For the order to be validated, the buyer must accept, by clicking on the place indicated, these general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method.
The sale will be considered final:
- after sending the buyer confirmation of acceptance of the order by the seller by email;
- and after receipt by the seller of the full price.
Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, in particular non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any question relating to the follow-up of an order, the buyer can call the following telephone number: 0607637768 (cost of a local call), on the following days and times: Monday to Friday, 9 a.m. to 7 p.m., or send an email to the seller at the following email address: secretwitchery.pro@gmail.com.
Article 5 - Electronic signature
The online supply of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement:
- payment of the sums due under the purchase order;
- signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is observed, to contact the seller at the following telephone number: 0607637768.
Article 6 - Order confirmation
The seller provides the buyer with an order confirmation by electronic mail.
Article 7 - Proof of the transaction
The computerized registers, kept in the computer systems of the seller under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.
Article 8 - Product information
The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.
The photographs of the products are not contractual.
Article 9 - Price
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.
Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change could be reflected in the selling price of the products.
Article 10 - Method of payment
It is an order with obligation of payment, which means that the placing of the order implies a payment of the purchaser.
To pay for his order, the buyer has his choice of all the payment methods made available to him by the seller and listed on the seller's website. The buyer guarantees the seller that he has the necessary authorizations to use the payment method chosen by him, when validating the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by bank card from officially accredited bodies or in the event of non-payment. The seller reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. .
Payment of the price is made in full on the day of the order, as follows:
- paypal
Article 11 - Product availability - Refund - Resolution
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in mainland France and Corsica, the deadline is 1 week from the day following that on which the buyer placed his order, according to the following methods: by Colissimo. At the latest, the deadline will be 30 working days after the conclusion of the contract.
For deliveries in the French overseas departments and territories or another country, the delivery terms will be specified to the buyer on a case-by-case basis.
In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before breaking the contract, order the seller to perform it within a reasonable additional period.
In the absence of performance at the expiration of this new period, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.
The contract will be considered as terminated upon receipt by the seller of the letter or writing informing him of this termination, unless the professional has performed in the meantime.
The buyer may however immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.
In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was terminated.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility of canceling his order. The buyer will then have the choice of requesting either the reimbursement of the sums paid within 14 days at the latest of their payment, or the exchange of the product.
Article 12 - Terms of delivery
Delivery means the transfer to the consumer of physical possession or control of the good. The products ordered are delivered according to the terms and time specified above.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the deliveryman will leave a calling card in the letterbox, which will allow the parcel to be collected at the place and time indicated.
If at the time of delivery, the original packaging is damaged, torn or opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must absolutely refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, product missing compared to the delivery note, damaged package, broken products ...).
This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery slip.
The buyer must then confirm by registered mail these reservations to the carrier at the latest within two working days of receipt of the item (s) and send a copy of this letter by fax or simple letter to the seller at the address indicated in the mentions. legal rights of the site.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any complaint made after this deadline cannot be accepted. Product returns can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Article 13 - Delivery errors
The buyer must formulate with the seller on the same day of delivery or at the latest on the first working day following delivery, any claim of delivery error and / or non-conformity of the products in kind or in quality compared to the details on the order form. Any complaint made after this deadline will be rejected.
The complaint can be made, at the choice of the buyer:
- by phone at the following number: 0607637768;
- by e-mail to the following address: secretwitchery.pro@gmail.com.
Any claim not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability vis-à-vis the buyer.
Upon receipt of the complaint, the seller will assign an exchange number for the product (s) concerned and will communicate it to the buyer by e-mail. The exchange of a product can only take place after the allocation of the exchange number.
In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to the seller as a whole and in its original packaging, by registered Colissimo, to the following address: 53 rue de la republique , 76000 Rouen.
Return costs are the responsibility of the seller.
Article 14 - Product warranty
14-1 Legal guarantee of conformity
The seller guarantees the conformity of the goods sold with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. Of the Consumer Code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
- the buyer has a period of 2 years from the delivery of the goods to act;
- the buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
- the buyer does not have to provide proof of the non-conformity of the good during the 24 months in the case of new goods (6 months in the case of second-hand goods), following the delivery of the good.
14-2 Legal warranty against hidden defects
In accordance with Articles 1641 and following of the Civil Code, the seller is responsible for hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed in the sale of the good and are likely to render the good unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect.
The buyer can choose between rescinding the sale or reducing the price in accordance with Article 1644 of the Civil Code.
Article 15 - Right of withdrawal
Application of the right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has 14 days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing their remarketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other mode of declaration of withdrawal is accepted. It must be unambiguous and express the desire to retract.
In the event of exercise of the right of withdrawal within the aforementioned period, the price of the product (s) purchased and the delivery costs are reimbursed.
The return costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made within 24 hours, and at the latest, within 14 days of receipt by the seller of the products returned by the buyer within the conditions provided above.
Exceptions
According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
- supply of goods whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
- supply of goods made to the consumer's specifications or clearly personalized;
- supply of goods liable to deteriorate or expire rapidly;
- supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;
- supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
- maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
- supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
- supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior consent of the consumer and express waiver of his right of withdrawal.
Article 16 - Force majeure
All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered grounds for exemption from the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
All irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
Article 17 - Intellectual property
The content of the website remains the property of the seller, the sole owner of the intellectual property rights over this content.
Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
Article 18 - Data processing and Freedoms
The personal data provided by the buyer are necessary for the processing of his order and the establishment of invoices.
They may be communicated to the vendor's partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the Secret Witchery website has been declared to the CNIL.
The buyer has a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the methods defined on the Secret Witchery site.
Article 19 - Partial non-validation
If one or more stipulations of these general 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.
Article 20 - Non-waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
Article 21 - Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22 - Language of the contract
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
Article 23 - Mediation and dispute resolution
The buyer can resort to conventional mediation, in particular to the Consumer Mediation Commission or to existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The names, contact details and e-mail address of the mediator are available on our site.
In accordance with article 14 of Regulation (EU) n ° 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals of the 'European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
Article 24 - Applicable law
These general conditions are subject to the application of French law. The competent court is the judicial court.
This is the case for the substantive rules as for the rules of form. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.
Article 25 - Protection of personal data
Data collected
The personal data collected on this site are as follows:
- account opening: when creating the user's account, his name; first name; email address ; Phone Number ; address ;
- connection: when the user connects to the website, the latter records, in particular, his name, first name, connection, use, location and payment data;
- profile: the use of the services provided on the website makes it possible to enter a profile, which may include an address and a telephone number;
- payment: as part of the payment for products and services offered on the website, it records financial data relating to the user's bank account or credit card;
- communication: when the website is used to communicate with other members, the data concerning the user's communications are temporarily stored;
- cookies: cookies are used as part of the use of the site. The user has the option of deactivating cookies from their browser settings.
Use of personal data
The personal data collected from users is intended to provide the services of the website, to improve them and to maintain a secure environment. More specifically, the uses are as follows:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organization of the conditions of use of the Payment Services;
- verification, identification and authentication of data transmitted by the user;
- offering the user the possibility of communicating with other users of the website;
- implementation of user assistance;
- personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
- prevention and detection of fraud, malware (malicious software) and management of security incidents;
- management of any disputes with users;
- sending of commercial and advertising information, according to the preferences of the user.
Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;
- when the user publishes publicly accessible information in the free comment areas of the website;
- when the user authorizes the website of a third party to access his data;
- when the website uses the services of providers to provide user support, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable data protection regulations. staff ;
- if the law requires it, the website may carry out the transmission of data in order to follow up on complaints made against the website and to comply with administrative and legal procedures;
- if the website is involved in a merger, acquisition, transfer of assets or bankruptcy proceedings, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed, before personal data is transferred to a third party.
Security and confidentiality
The website 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 website cannot guarantee the security of the transmission or storage of information on the internet.
Implementation of user rights
In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: secretwitchery.pro@gmail.com.
· The right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, the website may request proof of the user's identity in order to verify its accuracy.
· The right of rectification: if the personal data held by the website are inaccurate, they may request the updating of the information.
The right to delete data: users can request the deletion of their personal data, in accordance with applicable data protection laws.
The right to limit processing: users can ask the website to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.
The right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.
· The right to portability: they can request that the website provide them with the personal data provided to them in order to transmit them to a new website.
Evolution of this clause
The website reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the modification by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.
Annex :
Withdrawal form
(to be completed by the consumer,
and send by registered letter with acknowledgment of receipt,
within a maximum period of 14 days following the date of conclusion of the service contract)
Withdrawal form
To the attention of :
Secret Witchery
located at: 53 rue de la republique, 76000 Rouen
telephone number: 0607637768
email address: secretwitchery.pro@gmail.com
I hereby notify you of my withdrawal from the contract relating to ....................., ordered on: .........
First and last name of the consumer: .................
Consumer address: .................
Date: ..................
Consumer signature
Annex :
Consumer Code
Article L. 217-4: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility. ”
Article L. 217-5: “The goods comply with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, if 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 between 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 L. 217-6: “The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately not in a position to know them”.
Article L. 217-7: “Lacks of conformity which appear within a period of 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 rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. ”
Article L. 217-8: “The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest the 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 which he himself supplied. ”
Article L. 217-9: “In the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice clearly entails a cost. disproportionate with regard to the other modality, taking into account the value of the good or the importance of the defect. He is then bound 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 are impossible, the buyer can return the good and have the price returned or keep the good and have part of the price returned. The same option is open to him: 1 ° If the solution requested, proposed or agreed in application of 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 the latter taking into account the nature of the good and the use which it seeks. The resolution of the sale cannot however 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 lapses two years after delivery of the goods.”
Article L. 217-13: "the provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects such as it results from articles 1641 to 1649 of the civil code or any other action of contractual or extra-contractual nature which is recognized by law. "
Article L. 217-14: "The recourse action may be exercised by the final vendor against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code.
Article L. 217-15: "The commercial guarantee means any contractual commitment of a professional towards the consumer with a view to the reimbursement of the purchase price, the replacement or the repair of the good or the service. any other service related to the good, in addition to its legal obligations aimed at guaranteeing the conformity of the good.
The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor.
In addition, it clearly and precisely mentions that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced in full in the contract.
In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to use it. "
Article L. 217-16: “When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the warranty, any downtime of at least seven days is added to the remaining warranty period.
This period runs from the buyer's request for intervention or the provision for repair of the item in question, if this provision is subsequent to the request for intervention. ”
Civil Code
Article 1641: “The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it. , or would have given a lower price, if he had known them. ”
Article 1648: “The action resulting from latent defects must be brought by the purchaser, within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be relieved of apparent defects or conformity defects.