Introduction
These conditions of sale are concluded on the one hand by Naïma Ducruezet Malingue (Liberty Lab), a micro-entrepreneur whose head office is located at 34, vieux chemin de Grenade 31700 BLAGNAC, and registered with 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 major natural or legal person wishing to make a purchase via the website www.123cerises.com .
- Object
Before any transaction, the Customer declares to have full legal capacity, allowing him to commit himself under 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, of the Price and of the description of the Products of the Order, 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 effect on the date of the order by the buyer.
- 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 furthermore reserves the right to make, at any time, any modifications, deletions and / or additions to the content of this Site, without notice and in a discretionary manner. The Customer undertakes not to hinder access to the Site and / or the proper functioning of the Site in any way that may damage, intercept or interfere with all or part of the Site. It is recalled that the fact of accessing or remaining fraudulently in a computer system, of hampering or distorting the operation of such a system, of fraudulently introducing or modifying data in a computer system constitute punishable offenses. criminal penalties.
1, 2, 3 cerises cannot be held responsible for any direct or indirect damage due to an interruption, to any dysfunction whatsoever, to a suspension or to the cessation of the Site and / or services, and this for any reason whatsoever or also any direct or indirect damage which would result in any way from access to the Site and / or the 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 items beyond its control and for any damage that may 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, in accordance with the terms set by its access providers and telecommunications operators.
- Products
1, 2, 3 cerises markets clothing and childcare articles.
The products offered are those which appear on the Site www.123cerises.com, within the limits of available stocks.
1, 2, 3 cerises reserves the right to modify the product assortment 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 that will be delivered to him, and in particular the colors of the Products, these depending on the display settings of the Customer’s screen.
- Price
The prices appearing on the Product sheets of the internet catalog are prices in Euros (€) and are understood to be net. 1, 2, 3 cerises reserves the right to modify its prices at any time, it being understood, however, that the price listed 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, which are added to the price of the products purchased.
- Order process and payment terms
The Customer selects one or more products that 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 entered. The customer must verify the accuracy of the information entered (Product, Size, Quantities, Delivery address and invoicing). The Customer can then proceed to the payment of his order after having read and accepted these general conditions of sale by checking the corresponding box.
By clicking on the “pay” button, this redirects him to the Scellius secure interface of La Banque Postale, in order to be able to enter his bank card information in complete safety.
If the payment is accepted, the order is registered and the contract definitively formed.
1, 2, 3 cerises will send him confirmation of the registration of his order by email, provided that the email address provided by the Customer is valid.
In the event of fraudulent use of his bank card, the Customer may demand from his Bank the cancellation of the payment by card, the sums paid will then be re-credited or returned. The responsibility of the holder of a bank card is not engaged if the disputed payment has been proven fraudulently, remotely, without physical use of his card. To obtain reimbursement of the fraudulent debit and any bank charges that the operation may have generated, the cardholder must contest, in writing, the debit from his bank, within 70 days of the operation, 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 objection lodged by the holder. No cost of restitution of sums can be charged to the holder.
If the buyer wishes to contact 1, 2, 3 cerises he can do so:
- by post to the following address: 1, 2, 3 cerises , 34, vieux chemin de Grenade, 31700 BLAGNAC
- by email at the following address: contact @123cerises.com
- Retention of title
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 settled a previous order or with whom a payment dispute is being administered.
- Delivery
1, 2, 3 cerises propose des livraisons en France Métropolitaine et aux DOM-TOM, au sein de l’Union Européenne ainsi qu’à l’International.
The delivery conditions are likely to change depending on the time of year or cost increases of carriers.
Delivery by Mondial Relay to a Point Relais(average time of 3 working days):
- Metropolitan France, Belgium, Luxembourg: shipping costs of €5 ; free from €50
- Netherlands: shipping costs €6; free from €80
- Spain, Portugal : shipping costs 8€ ; free from 80€
Delivery by standard Colissimo with or without signature depending on the country:
- Metropolitan France (average time 48 hours): shipping costs of €7; participation of €2 for a basket between €50 and €80; free shipping from €80.
- Europe and DOM-TOM (average time 3 working days): postage of €15; free from €150
- UK (average time 4 working days): postage of €15 ; free from €150. You have the option of choosing the Duty Free option (+ €10) which exempts you from paying customs fees upon receipt of the package (only valid for the UK!). This option is offered from €250.
- Rest of the World (average delay 5 working days): shipping costs of €25; free from €150.
- China, Hong Kong, Taiwan: your parcel may be delayed due to the Covid-19 epidemic (local quarantine measures). Please bear in mind that you may receive your parcel up to 1 month after you placed your order.
European Union and Rest of the World: 1, 2, 3 Cerises reserves the right to choose the carrier offering the most advantageous cost / time ratio for the Customer.
Personal delivery: collection at the office of 1, 2, 3 Cerises ; delivery to the customer’s office or home in Blagnac (31700): no delivery costs.
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 the delivery conditions in a specific country in the world.
Orders to countries outside the European Union may be subject to taxes and customs charges in the country of destination. These costs and the related formalities are the responsibility of the Customer. They are to be paid directly to the carrier upon delivery. 1, 2, 3 cerises cannot be held responsible for delivery delays related to the carrier, customs or quarantines during the Covid-19 epidemic. Shipments may be held by a country’s customs department and items may be restricted due to each country’s policy. Please note that 1, 2, 3 cerises is not responsible for such situations and refunds will NOT be applicable. We suggest you contact your local customs department to inquire the policy before placing an order. Any packages that are refused by the customer due to custom related fees 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 to the address indicated, the costs of reshipping the package to the new address transmitted will be borne by 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 their 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 makes every effort to ensure that the order is delivered as soon as possible. The order is shipped the same day if it is placed 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 working day.
1, 2, 3 cerises undertakes to communicate on the temporary and exceptional closure periods of the site, the cessation of order preparation and the resumption of shipments.
- Withdrawal
Pursuant to article L121-20 of the Consumer Code, the Customer has a period of fourteen (14) working days from the 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 the cost of return.
The Customer must clearly and precisely notify his wish 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 requested to indicate in his e-mail:
- his clear desire to retract
- the name and brand of the product
- the date and number of the order
- the date of receipt of the order
- full contact details (surname, first name, postal address)
- the reason for the withdrawal is not to be indicated in a mandatory but optional manner, to allow 1, 2, 3 cerises to better adapt its product catalog.
1, 2, 3 cerises suggests that the Customer return their products by registered mail or provided with additional insurance, guaranteeing them, where applicable, compensation for the products up to their real market value in the event of spoliation or loss of such merchandise. In all cases, the return is made at the risk of the Customer. It will be up to the Customer to keep any proof of return. Return costs are the responsibility of the Customer, who is free to choose the shipping method. If your return parcel is lost or damaged, there will be no refund.
The Customer will be informed of the taking into account of his request for withdrawal and of its validation by e-mail. The Customer is required to wait for this confirmation before sending the return package to the following address: 1, 2, 3 cherries – 34, vieux chemin de Grenade – 31700 BLAGNAC.
The Customer is required to return the Product which is the subject of the withdrawal without undue delay, and at the latest, within thirty (30) days following the 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 with the order number.
1, 2, 3 cerises undertakes to reimburse the full amount paid for the Product (s) subject to the withdrawal, excluding delivery costs, within thirty (30) days of from the date of receipt of his 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 were initially offered (from €50 for Mondial Relay and €80 for Colissimo), and the amount of products kept is less than €50, 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 had chosen was Colissimo.
For Spain and the Netherlands: in the event that you return part of your order for which the shipping costs were initially offered (from €80), and the amount of the products kept is less than €80 , the shipping costs of €6 for the Netherlands or €8 for Spain will be deducted from the refund amount of the order.
For the UK: in the event that you return part of your order for which the shipping costs were initially offered (from €150), and the amount of the products kept is less than €150, the shipping costs of €15 will be deducted from the refund amount of the order. If the Duty Free option had been offered (from €250), this amount will also be deducted if the amount of products kept is less than €250.
For the rest of the world: in the event that you return part of your order for which the shipping costs were initially offered (from €150), and the amount of the products kept is less than €150, the costs of shipping of €25 will be deducted from the refund amount of the order. For orders from outside EU, customers are also responsible any import taxes, duty or other custom fees for return.
- Guarantee
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 to liability for defective products.
Consequently, in the event of damage caused to a person or to a good by a defective product, only the responsibility of the manufacturer of this one can be sought by the Customer, on the basis of the information appearing on the packaging of the aforementioned product. In addition, the company recalls 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 can not be engaged in the event of non-compliance with the legislation of the country where the products are delivered. It is the Customer’s responsibility to check with local authorities the possibilities of importing or using the products he plans to order.
- Responsibility
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, virus, interruption of service (interruption of the Customer’s connection), or other unintentional problems.
- Force majeure
Neither party will have failed in its contractual obligations, insofar as their execution will be 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, unavoidable, 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 working days of the date on which it becomes aware.
The two parties will then approach each other, within a period of one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued.
If the force majeure event lasts longer than three months, these general conditions may be terminated by the injured party.
Expressly, the following are considered to be force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals:
- otal or partial strikes, internal or external to the company, blocking of means of transport or supplies for any reason whatsoever, government or legal restrictions, computer failures, earthquakes, fires , storms, floods, lightning;
- The shutdown of telecommunication networks or difficulties specific to telecommunication networks external to Customers.
