General Terms of Sale
ARTICLE 1 – Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by the SAS ANJUVIC, with a capital of 5,500 euros, registered with the Bordeaux Trade and Companies Register 818 504 177 ("the Seller") to consumers and non-professional buyers ("The Clients or the Client"), wishing to acquire the products offered for sale by the Seller ("The Products") on the website "www.boutiqueclo.fr".
They specify, in particular, the conditions of ordering, payment, delivery, and management of any returns of Products ordered by Customers.
The Products offered for sale on the Seller's website are as follows: fashion items, jewelry, accessories, ready-to-wear.
The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the Seller's website.
The Client is required to be aware of them before placing any order.
The choice and purchase of a Product is solely the responsibility of the Client.
The photographs and graphics presented on the Seller's website are not contractual and cannot engage the Seller's liability.
The Client is required to refer to the description of each Product to know its properties and essential characteristics.
The offers for Products are subject to availability, as specified at the time of the order.
The Seller's contact details are as follows:
SAS ANJUVIC
2 rue François LEGALLAIS
33260 LA TESTE DE BUCH
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, particularly those applicable to in-store sales or through other distribution and marketing channels.
These General Terms and Conditions of Sale are accessible at any time on the Seller's website and will prevail, if applicable, over any other version or conflicting document.
The Client declares having read these General Terms and Conditions of Sale and having accepted them by checking the box provided for this purpose before proceeding with the online ordering process as well as the general terms of use of the Seller's website.
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These General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Client's purchase is the one in effect on the website at the date of the order.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.
In accordance with the Data Protection Act of January 6, 1978, strengthened and supplemented by the GDPR (General Data Protection Regulation) which came into effect on May 25, 2018, the Customer has, at any time, the right to access, rectify, oppose, erase, and port all of their personal data by writing, by mail and justifying their identity, to:
SAS ANJUVIC
2 rue François LEGALLAIS
33260 LA TESTE DE BUCH
The validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
ARTICLE 2 – Orders
It is the Customer's responsibility to select on the Seller's website the Products they wish to order, according to the following terms:
Before any order, the buyer must create an account on the website www.boutiqueclo.fr. The account creation section is accessible directly from the unilateral menu bar. With each visit, the buyer, if they wish to order or consult their account, must identify themselves using this information.
Contractual information is presented in French and is confirmed at the latest at the time of the Customer's order validation.
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 final after the Seller has sent the Customer confirmation of the acceptance of the order by email and after the full payment has been received.
For orders placed exclusively online, the registration of an order on the Service Provider's site is completed when the Customer accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and validates their order. The Customer has the option to verify the details of their order, its total price, and to correct any errors before confirming their acceptance (Article 1127-2 of the Civil Code). This validation implies acceptance of all these General Terms and Conditions of Sale and constitutes proof of the sales contract.
It is therefore the Customer's responsibility to verify the accuracy of the order and to report any errors immediately.
Any order placed on the website www.boutiqueclo.fr constitutes the formation of a distance contract 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 regarding the payment of a previous order.
The Customer can track the progress of their order on the website www.boutiqueclo.fr.
The Seller is not intended to sell Products on the website www.boutiqueclo.fr to professionals, but only to consumers or non-professionals, for their personal needs.
The Seller therefore reserves the right to refuse orders for the same Product in large quantities and containing more than three identical items.
No order for an amount less than 50 euros including VAT will be accepted.
Any modifications to the order by the Customer can only be taken into account by the Seller within the limits of its possibilities and provided they are notified by email to the Seller at least two days before the scheduled shipping date of the order.
In the event that these modifications cannot be accepted by the Seller, the amounts paid by the Customer will be refunded within a maximum of fifteen days from the notification of the impossibility to accept the modifications requested by the Customer (unless the Customer prefers to receive a credit note).
ARTICLE 3 – Prices
The Products are provided at the current prices listed on the website www.boutiqueclo.fr, at the time the order is recorded by the Seller. Prices are expressed in Euros, excluding VAT and including VAT.
The prices take into account any discounts that may be granted by the Seller on the website www.boutiqueclo.fr.
These prices are firm and non-revisable during their validity period, as indicated on the website www.boutiqueclo.fr, with the Seller reserving the right, outside this validity period, to modify prices at any time. They do not include processing, shipping, transport, and delivery fees, which are charged additionally.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
An invoice is issued by the Seller and provided to the Customer upon receipt of payment for the delivery of the ordered Products.
ARTICLE 4 – Payment Terms
The price is payable in full on the day the order is placed by the Customer, via secure payment, according to the following terms:
– by bank transfer;
– by PayPlug;
Payments made by the Customer will only be considered final after the actual collection of the amounts due by the Seller. The Seller will ship the products no earlier than two business days after receipt of the transfer or credit to the Payplug account, subject to the corresponding provision.
Furthermore, the Seller reserves the right, in case of non-compliance with the payment terms stated above, to suspend or cancel the delivery of ongoing orders placed by the Customer.
No additional fees, exceeding the costs incurred by the Seller for the use of a payment method, may be charged to the Customer.
ARTICLE 5 – Deliveries
The Products ordered by the Customer will be delivered in metropolitan France and abroad by the service providers of BOXTAL, notably CHRONOPOST, MONDIAL RELAY, COLLISSIMO, a delivery service with tracking, delivery without signature.
Deliveries are made to the address provided by the Customer when placing their order on the website www.boutiqueclo.fr.
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 commits to making its best efforts to deliver the products ordered by the Customer within the indicated timeframes at the time of the order; these timeframes are communicated for informational purposes only.
However, if the ordered Products have not been delivered within thirty days after the indicative delivery date, for any reason other than force majeure or the Customer's fault, the sale may be resolved at the written request of the Customer under the conditions provided in articles L 216-2 L 216-3 L241-4 of the Consumer Code. The amounts paid by the Customer 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 Customer regarding the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to a specific additional charge, based on a quote previously accepted in writing by the Customer.
The Seller also offers free delivery at its store located at 2 rue François LEGALLAIS in LA TESTE DE BUCH (33260).
The Customer is required to check the condition of the delivered products. They have a period of 14 days from the delivery date to submit in writing (by postal mail, email, fax) any reservations or claims for non-compliance or apparent defects of the delivered Products, along with all relevant supporting documents (notably photos). After this period and if these formalities have not been respected, the Products will be deemed compliant and free of 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 expense, Products delivered with proven defects of conformity or apparent or hidden faults duly demonstrated by the Customer, under the conditions provided in articles L 217-4 and following of the Consumer Code and those provided in these General Terms and Conditions of Sale (see warranties, in particular).
ARTICLE 6 – Transfer of ownership – Transfer of risks
The transfer of ownership of the Seller's Products to the Customer will only be completed after full payment of the price by the latter, regardless of the delivery date of said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and deterioration related to them will only occur when the Customer physically takes possession of the Products. The Products therefore travel at the Seller's risk.
ARTICLE 7 – Right of withdrawal
In accordance with the legal provisions in force, the Client has a period of fourteen days from the receipt of the product to exercise their right of withdrawal with the Seller, without having to justify reasons or pay a penalty, for exchange or refund, provided that the products are returned in their original packaging and in perfect condition within 14 days.
Returns must be made in their original and complete condition (packaging, accessories, manual…) allowing their resale as new, accompanied by the purchase invoice.
Damaged, soiled, or incomplete Products are not accepted for return.
In case of exercising the right of withdrawal within the aforementioned period, only the price of the purchased product(s) will be refunded; return shipping costs remain the responsibility of the Client.
The exchange (subject to availability) or refund will be made within 14 days from the receipt by the Seller of the products returned by the Client under the conditions provided in this article.
ARTICLE 8 – Seller's Liability – Warranty
The products sold on the website www.boutiqueclo.fr comply with the regulations in force in France and have performance compatible with non-professional uses.
The products supplied by the Seller benefit from full rights and without additional payment, regardless of the right of withdrawal, in accordance with legal provisions,
– of the legal warranty of conformity, for apparently defective, damaged, or non-conforming products to the order,
– of the legal warranty against hidden defects arising from a defect in material, design, or manufacturing affecting the delivered products and rendering them unfit for use,
under the conditions and according to the terms mentioned in the box below and defined in the annex to these General Terms and Conditions of Sale (Conformity Warranty / Warranty against Hidden Defects).
It is reminded that within the framework of the legal warranty of conformity, the Client
– has a period of two years from the delivery of the good to take action against the Seller;
– may choose between the repair or replacement of the ordered product, subject to the cost conditions provided by Article L 217-9 of the Consumer Code;
– is exempt from providing proof of the existence of the product's conformity defect during the twenty-four months following the delivery of the product.
The Client may decide to implement the warranty against hidden defects in accordance with Article 1641 of the Civil Code; in this case, they may choose between the cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
In order to assert their rights, the Client must inform the Seller, in writing, of the non-compliance of the Products within a maximum period of 30 days from the delivery of the Products or the existence of hidden defects within the above-mentioned timeframes and return or bring back to the store the defective Products in the condition in which they were received with all elements (accessories, packaging, instructions…).
The Seller will refund, replace, or repair the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be refunded based on the charged rate, and return costs will be refunded upon presentation of receipts.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and no later than 14 days following the Seller's acknowledgment of the defect of conformity or hidden defect.
The refund will be made by credit to the Client's bank account.
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 case of normal wear of the Product, accident, or force majeure.
The Seller's warranty is, in any case, limited to the replacement or refund of non-compliant or defective Products.
ARTICLE 9 – IT and Freedoms
In accordance with law 78-17 of January 6, 1978, amended by law n°2018-493 of June 20, 2018, it is reminded that the personal data requested from the Client is necessary for processing their order and for issuing invoices, in particular.
This data may be communicated to potential partners of the Seller responsible for the execution, processing, management, and payment of orders.
The processing of information communicated through the website www.boutiqueclo.fr complies with legal requirements regarding the protection of personal data, with the information system used ensuring optimal protection of this data.
The Client has, in accordance with the applicable national and European regulations, a right to permanent access, modification, rectification, opposition, portability, and limitation of processing regarding the information concerning them.
This right can be exercised at any time by mail to the following address: 2 rue François LEGALLAIS, in LA TESTE DE BUCH (33260).
ARTICLE 10 – Intellectual Property
The content of the website www.boutiqueclo.fr 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 offense.
Furthermore, the Seller remains the owner of all intellectual property rights on the photographs, presentations, studies, drawings, models, prototypes, etc., created (even at the Client's request) for the purpose of providing the Services to the Client. The Client therefore prohibits any reproduction or exploitation of said studies, drawings, models, and prototypes, etc., without the express, written, and prior authorization of the Seller, who may condition it on a financial counterpart.
ARTICLE 11 – Unforeseeability
In the event of a change in unforeseen circumstances at the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not agreed to assume a risk of excessively burdensome performance may request a renegotiation of the contract with its co-contractor.
ARTICLE 12 – Specific Performance
In the event of a breach by either Party of its obligations, the Party affected by the default has the right to request specific performance of the obligations arising from these presents. In accordance with the provisions of Article 1221 of the Civil Code, the creditor of the obligation may pursue this specific performance after a simple formal notice sent to the debtor of the obligation by "Mode of Formal Notice" that has remained unsuccessful, unless it proves impossible or there is a manifest disproportion between its cost for the debtor, acting in good faith, and its interest for the creditor.
ARTICLE 13 – Exception of Non-Performance
It is reminded that under Article 1219 of the Civil Code, each Party may refuse to perform its obligation, even if it is due, if the other Party does not perform its own and if this non-performance is sufficiently serious, that is to say, likely to jeopardize the continuation of the contract or fundamentally disrupt its economic balance. The suspension of performance will take effect immediately upon receipt by the defaulting Party of the notification of default that has been sent to it by the Party affected by the default indicating the intention to apply the exception of non-performance as long as the defaulting Party has not remedied the identified default, notified by registered letter with acknowledgment of receipt or on any other durable written medium allowing proof of sending.
This exception of non-performance may also be used preventively, in accordance with the provisions of Article 1220 of the Civil Code, if it is clear that one of the Parties will not perform its obligations by the due date and that the consequences of this non-performance are sufficiently serious for the Party affected by the default.
This option is used at the risks and perils of the Party that initiates it.
The suspension of execution will take effect immediately upon receipt by the presumed defaulting Party of the notification of the intention to invoke the preventive non-performance exception until the presumed defaulting Party performs the obligation for which a future breach is evident, notified by registered letter with acknowledgment of receipt or on any other durable written medium allowing proof of dispatch.
ARTICLE 14 – Force majeure
The Parties cannot be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
The Party noting the event must promptly inform the other party of its impossibility to perform its service and justify this to the latter. The suspension of obligations cannot in any case be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.
The performance of the obligation is suspended for the entire duration of the force majeure if it is temporary and does not exceed a period of 60 days. Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the Parties will make every effort to resume the normal execution of their contractual obligations as quickly as possible. To this end, the hindered Party will notify the other of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial act. If the hindrance is definitive or exceeds a duration of 60 days, the present agreement will be purely and simply terminated according to the terms defined in the article "Termination for force majeure."
During this suspension, the Parties agree that the costs incurred by the situation will be borne by the party that is hindered.
ARTICLE 15 – Termination for unforeseen circumstances
The termination for the impossibility of performing an obligation that has become excessively burdensome may only occur 15 days after receipt of a formal notice declaring the intention to apply this clause, sent by registered letter with acknowledgment of receipt, notwithstanding the clause on Termination for breach by one party of its obligations set out below.
ARTICLE 16 – Termination for force majeure
The automatic resolution for force majeure can only occur 15 days after the receipt of a formal notice sent by registered letter with acknowledgment of receipt, notwithstanding the clause on Resolution for a party's failure to meet its obligations set out below.
ARTICLE 17 – Common provisions in cases of resolution
The services exchanged between the Parties from the conclusion of the contract until its resolution, which can only find their utility through the complete execution of the contract, will give rise to full restitution.
In any case, the aggrieved Party may seek damages in court.
ARTICLE 18 – Applicable law – Language
These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law.
These General Terms and Conditions of Sale 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 a dispute.
ARTICLE 19 – Disputes
All disputes arising from the purchase and sale transactions concluded under these general terms and conditions, concerning their validity, interpretation, execution, termination, consequences, and follow-ups that could not be resolved between the seller and the customer will be submitted to the competent courts under common law conditions.
The Customer is informed that they can, in any case, resort to conventional mediation, particularly with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies or any alternative dispute resolution method (conciliation, for example) in case of a dispute.
ARTICLE 20 – Pre-contractual information – Customer acceptance
The act of a natural person (or legal entity) ordering on the website www.boutiqueclo.fr implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the ordered Products, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document that would be unenforceable against the Seller.
ANNEX I – Provisions regarding legal warranties
Article L217-4 of the Consumer Code
The seller is required to deliver a good that conforms to the contract and is liable for any conformity defects existing at the time of delivery. They are also liable for conformity defects resulting from packaging, assembly instructions, or installation when these have been made their responsibility by the contract or have been carried out under their responsibility.
➢ Article L217-5 of the Consumer Code
To be in conformity with the contract, the good must:
– Be suitable for the usual expected use of a similar good and, if applicable:
– correspond to the description given by the seller and possess the qualities that they presented to the buyer in the form of a sample or model
– present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by their representative, particularly in advertising or labeling
– Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by them. ➢ Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is limited to two years from the delivery of the good.
➢ 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 acquisition or repair of a movable good, a restoration covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period runs from the buyer's request for intervention or the availability for repair of the item in question, if this availability is subsequent to the request for intervention.
➢ Article 1641 of the Civil Code
The seller is liable for the warranty due to hidden defects of the sold item that render it unfit for the use for which it is intended, or that diminish this use so much that the buyer would not have acquired it, or would have given a lower price if they had known about them.
➢ Article 1648 paragraph 1 of the Civil Code
The action resulting from hidden defects must be brought by the purchaser within two years from the discovery of the defect.
ANNEX II – Withdrawal Form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.boutiqueclo.fr 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
SAS ANJUVIC
2 rue François LEGALLAIS
33260 LA TESTE DE BUCH
I hereby notify the withdrawal from the contract concerning the order of the services listed below:
– Order of “Date”
– Order Number: …………………………………………………..
– Customer Name: …………………………………………………………………
– Customer Address: ……………………………………………………………..
Customer Signature (only if this form is submitted on paper):