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Preamble
These conditions of sale are concluded on the one hand by Naïma Ducruezet Malingue (Liberty Lab), micro-entrepreneur whose head office is located at 34, Vieux chemin de Grenade 31700 BLAGNAC, and registered in the Toulouse Trade and Companies Register under the number 842 637 225 (“1, 2, 3 Cerises”) and on the other hand, hereinafter referred to as “the Customer”, any natural or legal person of legal age wishing to make a purchase via the Website www.123cerises.com
1. Object Before any transaction, the Customer declares that he has full legal capacity, allowing him to commit to these general conditions of sale. The acquisition of a product through this Site implies unreserved acceptance by the Customer of these general conditions of sale, the Price and the description of the Products of the Order, of which the Customer acknowledges having read prior to his Order. 1, 2, 3 Cerises retains the possibility of modifying these conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. Therefore, the applicable conditions will be those in force on the date of the order by the buyer.
2. Access to the site 1, 2, 3 Cerises strives to provide permanent access to the site www.123cerises.com, i.e. 24 hours a day, 7 days a week. However, access to the Site may be suspended at any time and without notice, in particular due to breakdowns, failures or paralysis of the network, system and/or means of communication, as well as due to maintenance interventions. and corrections made necessary by the updating and proper functioning of the Site. 1, 2, 3 Cerises further reserves the right to make, at any time, any modifications, deletions and/or additions to the content of this Site, without notice and at its discretion. The Customer undertakes not to hinder access to the Site and/or the proper functioning of the Site in any way whatsoever, likely to damage, intercept or interfere with all or part of the Site. It is recalled that the fact of fraudulently accessing or remaining in a computer system, of hindering or distorting the operation of such a system, of fraudulently introducing or modifying data in a computer system constitutes punishable offenses criminal sanctions. 1, 2, 3 Cerises cannot be held responsible for any direct or indirect damage due to an interruption, a malfunction of any kind, a suspension or stopping of the Site and/or services, for for any reason whatsoever or from any direct or indirect damage which may result in any way from access to the Site and/or services. The Customer acknowledges having the skills and means necessary to access and use the Site. The communication protocols used are those in use on the Internet. 1, 2, 3 Cerises cannot be held responsible for elements beyond its control and for any damage that could possibly be suffered by the Customer's technical environment and in particular, its computers, software, network equipment and any other equipment used to access or use the Site. Access to the site is free. The costs of access and use of the telecommunications network are the responsibility of the Customer, according to the terms set by their access providers and telecommunications operators.
3. Products 1, 2, 3 Cerises sells clothing and childcare items. The products offered are those which appear on the Site www.123cerises.com, while stocks last. 1, 2, 3 Cerises reserves the right to modify the assortment of products at any time. The Products offered on the Site are described in Product sheets including photos and describing their characteristics. The Customer acknowledges and accepts that the photographs may present variations with the Product which will be delivered to him, and in particular the colors of the Products, these depending on the display settings of the Customer's screen.
4. Prices The prices appearing on the Product sheets in the internet catalog are prices in Euros (€) and are net. 1, 2, 3 Cerises reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery costs, invoiced in addition to the price of the products purchased.
5. Order process and payment terms The Customer selects one or more products which he adds to his basket, then enters his delivery and billing details, or connects to his account if it has already been created. The delivery costs are then displayed, according to the address provided. The customer must verify the accuracy of the information entered (Product, Size, Quantities, Delivery address and invoicing). The Customer can then proceed to pay for their order after having read and accepted these general conditions of sale by checking the corresponding box. By clicking on the “pay” button, this redirects them to the secure Scellius interface of the Banque Postale, in order to be able to enter their bank card information in complete security. If payment is accepted, the order is recorded and the contract is definitively formed. 1, 2, 3 Cerises will send him by email confirmation of the registration of his order, provided that the email address provided by the Customer is valid.
In the event of fraudulent use of his bank card, the Customer may request from his Bank the cancellation of the card payment, the amounts paid will then be re-credited or returned. The liability of the bank card holder is not incurred if the disputed payment has been proven to have been made fraudulently, remotely, without physical use of his card. To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the card holder must contest, in writing, the debit with their bank, within 70 days following the transaction, or even 120 days. if the contract binding him to it so provides. The amounts withdrawn are reimbursed by the bank within a maximum period of one month after receipt of the written dispute filed by the holder. No costs for returning the sums may be charged to the holder. If the buyer wishes to contact 1, 2, 3 Cerises he can do so:
6. Ownership 1, 2, 3 Cerises retains full ownership of the products sold until full payment of the order, including transport costs. 1, 2, 3 Cerises reserves the right to refuse to deliver an order from a Customer who has not fully or partially paid a previous order or with whom a payment dispute is being administered.
7. Delivery 1, 2, 3 Cerises offers deliveries in mainland France and the French Overseas Territories, within the European Union as well as internationally. Delivery conditions are subject to change depending on the time of year or carrier cost increases.
Delivery by Mondial Relay to a pick-up point (average time of 3 working days):
Delivery by standard Colissimo with or without signature or Delivengo depending on the country:
Hand delivery: collection from the office of 1, 2, 3 Cerises; delivery to the customer's office or home in Blagnac (31700): no delivery costs. T
The delivery time given to the Customer is indicative. 1, 2, 3 Cerises is not responsible for delivery delays related to the carrier, customs, quarantines during the Covid-19 epidemic or any event not falling under the responsibility of 1, 2, 3 Cerises. The Customer can contact 1, 2, 3 Cerises by e-mail at contact@123cerises.com to obtain information on delivery conditions in a specific country in the world.
Orders to countries outside the European Union may be subject to taxes and customs fees of the destination country. These costs and the related formalities are the responsibility of the Client. They must be paid directly to the carrier upon delivery. 1, 2, 3 Cerises is not responsible for delivery delays related to carrier, customs or quarantines during the Covid-19 epidemic. No order refund can be made if the item is detained by customs. The customer is required to check with customs before placing their order whether there are any import restrictions. Any package refused by the customer due to customs fees or taxes that he does not wish to pay will not be refunded
Deliveries are made to the address indicated on the order form: The Customer is informed that it is his responsibility to provide the details necessary for the proper delivery of his Order. If the delivery address provided by the Customer is not valid and therefore results in a return of the package for non-receipt at the address indicated, the costs of reshipping the package to the new address provided will be the responsibility of the Customer.
The risks associated with transport are the responsibility of the Customer from the moment the items leave the premises of 1, 2, 3 Cerises. The Customer is required to check, in the presence of the delivery person, the condition of the packaging of the goods and its contents upon delivery. In the event of damage during transport, any protest must be made to the carrier within three days of delivery. 1, 2, 3 Cerises does everything possible to ensure that the order is delivered as quickly as possible.
The order is shipped the same day if it is validated before 1 p.m., Monday to Friday, if the volume of orders allows it. Any order placed on Friday after 1 p.m., Saturday or Sunday will be shipped the following Monday. Orders placed on a public holiday will be processed the following business day. 1, 2, 3 Cerises undertakes to communicate about temporary and exceptional closure periods of the site, the cessation of order preparation and the resumption of shipments.
8. Withdrawal Under article L121-20 of the French Consumer Code, the Customer has a period of fourteen (14) working days from delivery of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except for return shipping costs. The Customer must clearly and precisely notify their desire to withdraw by sending a message to the following address: contact@123cerises.com In order to process the withdrawal request as quickly as possible, the Customer is asked to indicate in their email:
1, 2, 3 Cerises suggests that the Customer return their products by registered mail or with additional insurance, guaranteeing, where applicable, compensation for the products up to their actual market value in the event of spoliation or loss of this merchandise. In all cases, the return is made at the Customer's risk. It will be up to the Customer to keep all proof of return. Return costs are the responsibility of the Customer, who is free to choose the shipping method. Any lost or damaged return packages will not be refunded. The Customer will be informed that their withdrawal request has been taken into account and validated by email. The Customer is required to wait for this confirmation before sending the return package to the following address: 1, 2, 3 Cerises – 34, Vieux chemin de Grenade – 31700 BLAGNAC. The Customer is required to return the Product subject to withdrawal without undue delay, and at the latest, within thirty (30) days following communication of his decision to withdraw by following the procedure which will be indicated to him by 1 , 2, 3 Cerises, in its original packaging and condition (new condition, labeled, unwashed, unworn, clean), accompanied by a document bearing the order number. 1, 2, 3 Cerises undertakes to reimburse the totality of the sums paid for the Product(s) subject to withdrawal, excluding delivery costs, within thirty (30) days from from the date of receipt of its request, provided that the Products have been returned in their original condition (new condition, labeled, unworn, clean). For Metropolitan France, Belgium, Luxembourg: in the event that you return part of your order for which the shipping costs had been initially offered (from 50€ for Mondial Relay and 80€ for Colissimo), and that the The amount of the products kept is less than €50, the shipping costs of €7 (Colissimo) or €5 (Mondial Relay) will be deducted from the refund amount of the order. If the amount of products kept is between €50 and €80, then a flat rate of €2 will be deducted from the order if the shipping method you chose was Colissimo. For Spain and the Netherlands: in the event that you return part of your order for which shipping costs were initially offered (from 80€), and the amount of the products kept is less than 80€ , shipping costs of €6 for the Netherlands or €8 for Spain will be deducted from the refund amount of the order. For the rest of the world: in the event that you return part of your order for which the shipping costs had been initially offered (from 150€), and the amount of the products kept is less than 150€, the shipping costs postage of €25 will be deducted from the refund amount of the order. The customer is responsible for customs fees for the return, if applicable. 9. Warranty The Customer is expressly informed that 1, 2, 3 Cerises is not the manufacturer of the products presented on the website www.123cerises.com, within the meaning of law n°98-389 of May 19, 1998 and relating liability for defective products. Consequently, in the event of damage caused to a person or property by a defective product, only the liability of the manufacturer thereof can be sought by the Customer, on the basis of the information appearing on the packaging of said product. In addition, the company reminds that the products offered by 1, 2, 3 Cerises do not in any way replace the constant vigilance of adults. The responsibility of 1, 2, 3 Cerises cannot be incurred in the event of non-compliance with the legislation of the country where the products are delivered. It is up to the Customer to check with local authorities the possibilities of importing or using the products he plans to order.
10. Liability 1, 2, 3 Cerises, in the distance selling process, is only bound by an obligation of means. It cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, interruption of service (interruption of the Customer's connection), or other involuntary problems.
11. Force majeure Neither party will have failed in its contractual obligations, to the extent that their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as fortuitous event or force majeure any irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances will notify the other within ten business days of becoming aware of them. The two parties will then come together, within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which execution of the contract will be continued. If the force majeure lasts for more than three months, these general conditions may be terminated by the injured party. Expressly, the following are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals:
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