These conditions of sale are concluded on the one hand by Audrey Pol, commercial name "Lou de Pray", (hereinafter the Seller) and on the other hand, by any natural or legal person wishing to make a purchase via the site Internet of loudepray.com hereinafter referred to as “the buyer”.
Audrey Pol can be reached by email by clicking on the contact form accessible via the contact page of the site.
PREAMBLE
Audrey Pol creates and manufactures lighting fixtures with embroidered lampshades. The lampshades are made from purchased fabrics and carcasses (metal structures) ordered and made to measure by a French carcass maker. The fabric is embroidered by Audrey Pol with her own illustrations. Each hand-mounted embroidered lampshade may have embroidery irregularities which will make it authentic. The lamp bases are made of wood purchased or from upcycling, designed by Audrey Pol and turned by a French cabinetmaker. The legs may, depending on their type of wood, present irregularities, different veining, knots, cracks, cut marks, which gives them a unique and authentic character.
Irregularities cannot be considered or claimed as lack of conformity or hidden defects. No complaint can be received regarding a difference in embroidery stitch or a color difference between each creation, if the buyer has placed several separate orders.
The photographed Lou de Pray products are represented as faithfully as possible, but the brightness, materials and proportions may be slightly different in the photographs compared to the actual item. The photos on the site are not contractual.
Each model is its own creation, any reproduction of its models for commercial purposes is strictly prohibited and the offender undertakes to take legal action.
Audrey Pol is a publisher of lighting design products and services for consumers and professionals, marketed through her website ( https://www.loudepray.com ). The list and description of the goods and services offered by Audrey Pol can be consulted on the aforementioned site.
Article 1: object
These General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products offered by the Seller.
Article 2: General provisions
These General Conditions of Sale (CGV) apply to all sales of Products, made through the Seller's websites which are an integral part of the Contract between the Buyer and the Seller.
The acquisition of a good or service through this site implies unreserved acceptance by the buyer of these conditions of sale.
These conditions of sale will prevail over any other general or specific conditions not expressly approved by the Seller.
The Seller reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the buyer.
These General Terms and Conditions can be consulted on the seller's website at the following address: www.loudepray.com/pages/conditions-generales-de-vente. The Customer declares to have read all of these General Conditions of Sale, and where applicable the Special Conditions of Sale linked to a product or service, and to accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure the suitability of the offer to his needs. The Client declares that he is able to legally contract under French laws or validly represent the natural or legal person for whom he is contracting. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3: Price
The prices of products sold through the websites are indicated in Euros including tax when orders via the website are accessible and precisely determined on the Product description pages. They are also indicated in euros, all taxes included (VAT not applicable, article 293 B of the CGI) on the product order page, and excluding specific shipping costs. In the event of an order to a country other than mainland France, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums do not fall within the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The telecommunications costs necessary for access to the Seller's websites are the responsibility of the Customer. The seller reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the price in force at the time of validation of the order and subject to availability.
Article 4: Conclusion of the contract online
The Customer must follow a series of steps specific to each Product offered by the Seller to be able to place their order when orders via the website are accessible:
- Information on the essential characteristics of the Product;In accordance with the provisions of the Civil Code on the conclusion of online contracts, the contract will be concluded when the customer clicks on the button allowing him to confirm his order after having viewed the details of it and in particular its total price and having had the possibility of correcting any errors.
Confirmation of the order entails acceptance of these conditions of sale, acknowledgment of having perfect knowledge of them and waiver of the right to rely on one's own conditions of purchase or other conditions.
All the data provided and the recorded confirmation will constitute proof of the transaction. Confirmation will be worth signing and acceptance of transactions.
The Customer will then receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it. For delivered products, this delivery will be made to the address indicated by the Customer. For the purposes of successful completion of the order, and in accordance with article 1316-1 of the Civil Code, the Customer undertakes to provide true identification information. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the Seller's website. The customer certifies having received details of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honor the Customer's order within the limits of available Product stocks only. Failing this, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are subject to a summary and confirmation when the order is validated. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity period of the offer of Products as well as their prices is specified on the Seller's website, as well as the minimum duration of the contracts offered when they relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address provided).
Article 6: Compliance
In accordance with article L.411-1 of the Consumer Code, the products and services offered for sale through these General Terms and Conditions meet the requirements in force relating to the safety and health of people, the loyalty of commercial transactions and consumer protection. Regardless of any commercial guarantee, the Seller remains liable for any lack of conformity and hidden defects in the product.
In accordance with 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. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
In accordance with legal provisions regarding conformity and hidden defects (art. 1641 c. civ.), the Seller refunds or exchanges defective products or products that do not correspond to the order.
The Customer is invited to contact the Seller via the contact form found on the contact page of the site. Return costs will be borne by the Customer who must return the Product in its original packaging, in perfect condition, suitable for resale, unused and unpacked. Subject to compliance with these conditions, the Creator will reimburse the Customer for the amount of the Product within 30 days.
The right of withdrawal will not apply in the following cases:
Article 7: Reservation of ownership clause
The products remain the property of the Seller until full payment of the price.
Article 8: Deadlines
The manufacturing and delivery times of the Products are mentioned for information purposes only and may vary without the Customer being able to complain to the Designer. In the event of a delay, the Designer will immediately inform the Customer without the latter being able to cancel the order, refuse it or claim damages. However, if the delay is equal to or greater than 30 days, the non-professional Customer will benefit from the possibility of canceling the order in accordance with article L 138-2 of the Consumer Code.
Article 9: Delivery terms
The Customer can choose between collection of the Product by hand delivery or delivery to the address of his choice (Europe). In the latter case, delivery will be made by a carrier chosen by the Designer at the Customer's expense. The Customer must check the order upon delivery. In the event of an error on the order or a problem during delivery (e.g. breakage), the Customer may refuse the order or accept it by mentioning reservations on the collection or delivery slip. Otherwise, the Customer will not be entitled to claim reimbursement for his order. If the Customer has accepted the order while mentioning reservations, he must confirm them to the Designer by registered mail with acknowledgment of receipt within 5 days following collection or receipt of the Product. The return costs will be the responsibility of the Customer who must return the Product in the condition in which he received the Product. Subject to compliance with the aforementioned conditions and a justified reason for return, the Creator will reimburse the Customer for the amount of the Product within 30 days.
Article 10: Payment
Payment is due immediately upon ordering, including for pre-ordered products. When online sales are accessible, the Customer can make payment by payment card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider (PayPal).
Your credit card data is encrypted using the SSL 128 (Secure Socket Layer) protocol and never passes unencrypted over the network. Payment is made directly to the bank. Audrey Pol has no access to this data in any way, and does not keep it on her servers.
Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their banking information during the sale, the Customer authorizes the Seller to debit their card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately automatically terminated and the order cancelled.
If paying with PayPal:
PayPal is a secure payment method that allows the buyer to quickly pay for their order without sharing their banking details with the seller sites. It is enough to have indicated them when creating your PayPal account. They are then encrypted and secured once and for all.
If the buyer already has a PayPal account, he can use it on www.loudepray.com to pay for his purchases quickly and securely.
If the buyer does not have a PayPal account, he can still choose this payment method. When paying for their order, the buyer is directed to a PayPal page where they enter their banking details (and choose or not to create a PayPal account)
The debit will be made at the time of confirmation of the order.
At the buyer's request, he will be sent a paper invoice.
By bank transfer made to the Seller's bank account, the references of which are accessible at the time of validation of the order. The bank account holder must be the one placing the order (identity of name, first name and address). The order will be reserved for 72 hours from validation of the basket and will only be confirmed upon receipt of the transferred amount.
At the buyer's request, he will be sent a paper invoice.
Article 11: Right of withdrawal
Withdrawal period
In accordance with article L.121-20 of the Consumer Code, the consumer has a period of 14 days to exercise his right of withdrawal without having to provide reasons or pay penalties, with the exception of if applicable, return costs.
However, this legal withdrawal period ends upon acceptance of the order form by you. Validation of this order form begins the process of personalization or creation of your lamp and can therefore no longer be canceled given the impossibility of selling the product to a third party (in the case of personalization).
Return procedure
No returns are accepted after validation of the order form (see paragraph above) except in the event of a quality problem with the product received or a delivery error. If you encounter this problem, please contact us via the contact form, indicating your order number and the nature of the problem. You can also attach a photo of the product indicating its non-compliance.
Return costs for a product declared non-compliant with the order will be covered by the Seller. Simply contact the Seller so that postage will be sent to you at the seller's expense.
This right of return can only be accepted for complete products, in their original condition (packaging, accessories, instructions, etc.) with a copy of the purchase invoice. Items returned incomplete, damaged or soiled by the customer will not be returned or exchanged.
The Seller undertakes to provide you with an exchange, credit or refund within a maximum period of 30 days after receipt of the products by us.
No cash on delivery will be accepted.
Article 12: Guarantees
Without prejudice to his aforementioned right of withdrawal, the Buyer benefits from the guarantee of hidden defects on the Product as provided for in article 1641 of the Civil Code.
In addition, if the Product received by the Buyer does not conform to the Product designated in their Order, this Product will be replaced or refunded, depending on the wish expressed by the Buyer.
Article 13: Complaints
If applicable, the Buyer may submit any complaint by contacting the Seller using the contact form on the contact page.
Article 14: Intellectual property rights
Any reproduction is prohibited. The models present on the site are protected by the INPI and cannot be sold or used for other purposes. Purchased creations may only be used for strictly personal use. Any professional or commercial use is prohibited.
The models created by Audrey Pol are the property of Audrey Pol and no other use will be accepted without prior request for the transfer of rights.
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of Audrey Pol. No transfer of intellectual property rights is made through these General Terms and Conditions. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 15: Force majeure
The execution of the seller's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 16: nullity and modification of the contract
If one of the stipulations of this contract were canceled, this nullity would not result in the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after written and signed agreement of the parties.
Article 17: Protection of personal data
At any time, “you have the right to access, modify, rectify and delete data that concerns you (art 34 of the “Informatique et Libertés” law of January 6, 1978). The Seller does not disclose your contact details to any third party.
The Buyer is informed that his data:The Seller further undertakes to take all necessary precautions to preserve the security of the data, so that it is not distorted, damaged or that unauthorized third parties have access to it.
This data is used for processing the Order as well as to improve and personalize the services offered by the Seller. They are not intended to be transmitted to third parties.
The Buyer has the right to object to personal data concerning him being processed and to this data being used for prospecting purposes, particularly commercial ones.
The Buyer may question the Seller in order to obtain confirmation that personal data concerning him or her are or are not subject to this processing, information relating to the purposes of the processing, and the categories of personal data processed. and to the recipients or categories of recipients to whom the data are communicated, the communication of the personal data which concerns them as well as any available information as to the origin of these.
The Buyer may also require the Seller to rectify, complete, update, lock or delete personal data concerning, which is inaccurate, incomplete, equivocal, out of date, or whose collection, use, communication or conservation is prohibited.
In order to exercise this right, the Buyer will send an email to the Seller in his capacity as data controller, to the following address: infos@loudepray.com
Article 18: Applicable law
All clauses appearing in these general conditions of sale, as well as all purchase and sale operations referred to therein, will be subject to French law.
Article 19: Seller’s contact details
Audrey PolAudrey Pol can be reached by email by clicking on the contact form accessible via the contact page of the site.
Our general conditions of sale have been developed in part from a free and open model which can be downloaded from the site https://www.donneespersonnelles.fr/
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