Terms of Sales
Preamble
These general conditions of sale apply to all sales made on the website www.margoulette.fr. The website www.margoulette.fr sells the following items: original and personalized works.
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 -
General provisions relating to these general conditions of sale
These general conditions express all the obligations of the parties. In this sense, the customer is deemed to accept them without reservation.
They are accessible on the website www.margoulette.fr and will prevail, where applicable, over any other version or any other contradictory document.
The service provider and the customer agree that these general conditions exclusively govern their relationship.
Article 2 -
Description of the articles
The articles governed by these general conditions are those which appear on the service provider's website and which are indicated as sold and shipped by the service provider. They are offered within the limits of available stocks.
The articles are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the provider cannot be held liable.
Color reproduction cannot be guaranteed to be identical between the IT tool and the printers' production line. The colors visible on a screen (whatever it may be) are not contractual and will in no case be those reproduced on the various media offered (the same applies to prints made on a printer).
The photographs of the articles are not contractual.
Physical custom item
A personalized illustration printed on fine art paper.
This print is intended for personal use only. Its digitization for reproduction is prohibited.
Digital personalized item
A personalized illustration on a printable digital file that can be used on any printable medium such as an invitation, a postcard, a business card or a poster (up to A3 size).
This printable is designed for personal use only. The customer may not distribute, modify or resell these illustrations, even in part.
Standard items
So-called “standard” items are items that do not require customization.
The gift voucher
The gift voucher is valid for 6 months from the date of issue. No request will be accepted beyond this period. It is valid for a maximum number of people listed on the gift voucher. A financial supplement will be requested from the customer if this number is greater than that fixed on the gift voucher. If the number of people in your tribe is lower than the number of people registered on this voucher, it is the latter number that will be taken into account. The gift voucher cannot be transferred, refunded or exchanged. www.margoulette.fr therefore reserves the right to refuse a request that does not meet these conditions.
Article 3 -
Intellectual property and copyright
All illustrations produced by Lætitia Pays - www.margoulette.fr, are intended for strictly personal use and are not free of rights. In any case, the customer is not authorized to trade them, to print them in quantity on cards, posters, flyers or any other support and to make commercial and / or professional use of them. Digitization for reproduction of illustrations is strictly prohibited and constitutes an offense. The high definition (HD) image is a transfer of rights of use and allows the customer to receive the image in 300 dpi in order to reproduce it.
In accordance with the Intellectual Property Code (Articles L. 121-1 to L. 121-9), it is recalled that the moral right of a creation (including, among other things, the right to respect for the work and the right to respect for the name ) remains attached to its author in a perpetual and imprescriptible manner. Any full or partial representation or reproduction made without the consent of the author or his successors in title is illegal, and punishable according to the laws relating to the offense of counterfeiting. It is the same for the translation, the adaptation or the transformation, the arrangement or the reproduction by any art or any process (art. L. 122-4 of the CPI). An idea proposed by the client does not in itself constitute a creation.
The service provider reserves the right to mention the achievements made for the customer on its external communication and advertising documents (website, portfolio, social networks) and during sales prospecting. The customer agrees not to oppose it.
All texts, photographs, comments, works, illustrations and images reproduced on the site are protected by copyright as well as intellectual property. Any partial or total use and reproduction, on any medium whatsoever, of these elements is strictly prohibited and constitutes an infringement punishable by articles L 335-2 and following of the Intellectual Property Code. Unless authorized by www.margoulette.fr.
Article 4 -
Order procedure
Your order can be placed from Monday to Sunday inclusive. Its treatment will be effective from Monday to Friday.
A cancellation of the order can be requested within two days of purchase. Beyond this period, all orders are firm, final and cannot be canceled.
The receipt of the order is confirmed to the customer by sending an email after checking the availability of the item and validation of payment.
To order on this site, the customer must go to its Shop page. The "basket" virtually allows the customer to select the items they like. The customer can consult it, complete it or modify it at any time during his visit to the site www.margoulette.fr. The contents of the basket will be definitively allocated to the customer after the latter has validated his basket and his delivery address, subject to the availability of the articles. The automatic registration systems are considered as proof of the nature, content and date of the order.
www.margoulette.fr confirms the acceptance of his order to the customer at the email address that he will have communicated. The sale will not be concluded until the order has been confirmed. www.margoulette.fr reserves the right to cancel any order from a customer with whom there is a dispute over payment for a previous order.
In certain cases, in particular non-payment, incorrect delivery address or / and e-mail address or other problem on the customer's account, the service provider reserves the right to block the customer's order until the problem is resolved.
The information given by the customer when taking the order commits the latter: in the event of an error in the wording of the recipient's contact details, www.margoulette.fr cannot be held responsible for the impossibility of delivering the product.
The online supply of the customer's bank card number and the final validation of the order will constitute proof of the customer's agreement:
- payment of the sums due under the purchase order;
- signature and express acceptance of all operations carried out.
The service provider provides the customer with an order confirmation by e-mail.
The computerized registers, kept in the computer systems of the service provider 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.
For any question relating to the follow-up of an order, the customer can send an email to the service provider at the following email address: hello@margoulette.fr
Article 5 -
Price
The service provider 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, if applied, they will be 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 items 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 may be reflected in the selling price of the items. Connection costs are the responsibility of the customer.
For customers who want emergency services on weekends, the hourly rate is € 100.
Article 6 -
Taxes and customs duties
Any order placed on the Site and delivered outside of France may be subject to possible taxes and customs duties which are imposed when the package reaches its destination.
These customs duties and any taxes related to the delivery of an item are the responsibility of the customer and are his responsibility.
www.margoulette.fr is not required to verify and inform the customer of customs duties and applicable taxes. To find out about them, the customer is advised to check with the competent authorities in their country.
Article 7 -
Payment
It is an order with obligation of payment, which means that the placing of the order implies a payment of the customer.
To pay for his order, the customer has his choice of all the payment methods made available to him by the service provider and listed on the service provider's site. The customer guarantees the service provider that he has the necessary authorizations to use the payment method chosen by him, when validating the order form. the service provider 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 service provider reserves the right in particular to refuse to make a delivery or to honor an order from a customer 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: Stripe.
The credit card number is directed to the servers of the Stripe bank, payment is made directly to the bank without going through the store server. The customer's numbers are known to the only banking partner of www.margoulette.fr, the Stripe bank, and are therefore inaccessible by a third party.
www.margoulette.fr therefore never has access to confidential information relating to the means of payment. This is why the customer's bank details will be requested for each new order.
Article 8 -
Shipping and Delivery
For the realization of custom illustrations, it takes fifteen working days to one month or more from the first validation of the model (sketch).
The deadlines vary according to the number of orders in progress. The minimum delay is three to four weeks, between ordering and delivery.
Please note, during the holidays or school holidays, the deadlines may be extended and information will be visible on the site. It can therefore be up to two months during certain seasons such as Christmas.
Digital personalized item
The digital articles sold on the site www.margoulette.fr are only available for download.
After validation of the final model, the service provider undertakes to deliver a unique and personal download link, valid for thirty days, except weekends, public holidays and the holiday period.
This download link will contain the digital files of the illustration:
in sd - low definition for the web
in hd - printable in high definition up to A3 (.jpg and .pdf files)
In the event of difficulties, and in particular if the customer does not receive the download link on the e-mail address associated with his customer account, he can contact the service provider at the following address: hello@margoulette.fr
Physical custom item
The illustration, validated by the customer, will be delivered unframed by mail.
Delivery is provided by the La Poste service by letter followed to the address indicated by the customer when ordering.
The rate of delivery costs, if applied, is based on the current rate of La Poste.
In all cases the delivery time does not begin until the amount of the order has been cashed by us as well as the validation of the final model and depends on delivery by La Poste.
The delivery time estimated and not guaranteed by www.margoulette.fr:
France: 2-4 working days
Europe: 3-5 working days
Great Britain: 3-5 working days
North America: 5-8 business days
Australia New Zealand and Oceania: 5-12 business days
Asia Pacific: 5-12 business days
As an indication, the delivery time by Letter Followed indicated on the site of La Poste is 48 hours. www.margoulette.fr cannot be held responsible for delays linked to La Poste (such as loss of the package, strikes, etc.).
Delivery means the transfer to the consumer of physical possession or control of the good. The items ordered are delivered according to the terms and time specified above.
The items are delivered to the address indicated by the customer on the order form, the customer must ensure its accuracy.
The information given by the customer when taking the order commits the latter: in the event of an error in the wording of the recipient's contact details, www.margoulette.fr can not be held responsible for the inability to deliver the product.
Any package returned to the service provider because of an incorrect or incomplete delivery address will be reshipped at the customer's expense. The customer 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 at the time of delivery, the original packaging is damaged, torn, opened, the customer must then check the condition of the items.
If they have been damaged, the customer must absolutely refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
The customer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery.
The customer 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 mail to the service provider at the address indicated in the legal notices. of the site.
If the items need to be returned to the provider, they must be the subject of a return request to the provider within 14 days of delivery. Any complaint made after this deadline cannot be accepted. Product returns can only be accepted for items in their original condition (packaging, accessories, instructions, etc.).
In the event of an unusual delay in delivery, an information email will be sent to the customer. www.margoulette.fr declines all responsibility in the event of an excessively long delivery time attributable to the postal services or to carriers. The goods always travel at the risk and peril of the customer. The customer must check the good condition of the goods on arrival of the package.
Any anomaly concerning the delivery must imperatively be notified to www.margoulette.fr within a maximum period of 48 hours from the delivery via our contact form. Any complaint made after this period will be rejected and www.margoulette.fr will be released from any liability. www.margoulette.fr reserves the right to ask the customer to return the defective product to him.
In the event of unavailability of the product after placing the order, the customer will be informed by email. The customer's order will be automatically canceled and the amount paid by the customer for the missing item will be credited within thirty days to his bank account.
The customer must formulate with the service provider 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 items in kind or in quality with respect to the indications. appearing on the order form. Any complaint made after this deadline will be rejected.
Complaints can be made by e-mail to the following address: hello@margoulette.fr
Any complaint not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the service provider from any liability towards the customer.
Upon receipt of the complaint, the service provider will assign an exchange number for the product (s) concerned and will communicate it to the customer 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 service provider as a whole and in its original packaging, by registered Colissimo, to the address sent by email by www.margoulette .Fr.
Article 9 -
Right and withdrawal period
A cancellation of the order can be requested within two days of purchase. Beyond this period, all orders are firm, final and cannot be canceled.
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 articles;
supply of alcoholic beverages the delivery of which is deferred beyond thirty days and whose value agreed upon 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;
for the 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.
Given the nature of these items, unless they arrive damaged or defective, www.margoulette.fr cannot accept returns for:
custom or personalized orders
digital downloads
They cannot therefore be reimbursed. In case of deterioration during transport (the packaging being the proof). In this case, they must be returned in RAR, in their original packaging to the address which will be sent by email by www.margoulette.fr to the customer.
Article 10 -
Breach of contract and compensation
In the absence of receipt of the photos or / and of a clearly and explicitly formulated request for the creation of the model, from the expiration date of the latter, i.e. a period of 15 days, the order is considered canceled and Lætitia Pays reserves the right not to start its service.
After the project creation phase (s), the client undertakes to send the service provider his validations clearly and explicitly by sending an e-mail.
In the absence of validation or a request for modification of the models by the customer within a period of fifteen days, they will be considered as validated by both parties.
Only the finished product will be sent to the customer. The work carried out by the service provider, in particular the preliminary studies, remain confidential and may in no case be transmitted by the customer to a third party without prior agreement.
In the event of breach of the contract before its term by the customer, an indemnity of 40% of the total price will be retained and not refunded on the total amount committed by the customer, whatever the work already carried out.
All copyright remains the exclusive and entire property of the service provider, with the exception of data provided by the customer. The customer must return all the elements of the work already delivered by www.magoulette.fr and undertakes not to keep any copy. The source files and data created and used by the service provider cannot therefore be claimed by the customer without a financial contribution. The models, and more broadly, all the original works, remain the property of the service provider, as do the rejected projects.
In the event of incapacity for work, as a result of illness or accident, www.margoulette.fr reserves the right to modify the current schedule without the customer being able to demand the payment of compensation. It is accepted that the service provider must warn the customer from the first working day of his incapacity.
In case of unavailability of the ordered product; the customer will be informed as soon as possible and will have the possibility of canceling his order.
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 11 -
Protection of personal data and GDPR
All personal data concerning the customer, collected on the site are treated with the strictest confidentiality. During purchases made by the customer, only the information essential to ensure the quality of the services and the processing of the order are requested.
www.margoulette.fr does not sell, market or rent this information to third parties.
In accordance with the Data Protection Act n ° 78-17 of January 6, 1978, the customer has the right to access and rectify data concerning him. All you have to do is let us know by return email, indicating in the subject line "right of withdrawal" to the following address: hello@margoulette.fr.
By adhering to these general conditions of sale, the customer acknowledges having read the personal data protection policy of www.margoulette.fr and agrees that www.margoulette.fr collects and uses this data.
The images transmitted by the customer are stored in a computer so that they can be reused by the customer later if necessary. Any request to delete this data must be made using the site's contact form or by email to hello@margoulette.fr. An acknowledgment of receipt will be sent to the customer. As regards confidentiality and for the duration of these presents and even after their termination for any reason whatsoever, the service provider undertakes to keep strictly confidential all information and documents of any nature whatsoever relating to the customer, to which he could have had access in particular within the framework of the execution of this mission.
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.
Article 12 -
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 13 -
Contract language
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 14 -
Applicable law and competent jurisdiction
These general conditions are subject to the application of French law. The competent court is the district court for disputes whose amount is less than or equal to € 10,000 or the district court for disputes whose amount is greater than € 10,000.
This is the case for the substantive rules as for the rules of form. In the event of a dispute or complaint, the customer will first contact the service provider to obtain an amicable solution.
Article 15 -
Modification of the general conditions of sale
www.margoulette.fr reserves the right to modify these general conditions of sale at any time. The customer is therefore invited to consult them regularly. By validating his orders, he accepts the new terms of the general conditions of sale. They will be applicable as soon as they are put online.