General Terms and Conditions of Sale (B2C)

Terms and Conditions of Sale

For Online Product Sales to Individual Consumers

Preamble

These terms and conditions of sale apply to all sales concluded on the website Coeur Deciel.

The website https://coeurdeciel.com is operated by:

The sole trader Celine Delbecque, also known as Coeur Deciel

Located at: 46, Rue des Tisserands, 59100 Roubaix, France

Website URL: https://coeurdeciel.com

Email: hello@coeurdeciel.com

The Coeur Deciel website sells the following products: Illustrations.

The customer declares that they have read and accepted these terms and conditions prior to placing their order. Confirmation of the order signifies acceptance of these terms and conditions.

Article 1 General Principles

These terms and conditions express the entirety of the parties’ obligations. By accepting these terms, the buyer is deemed to accept them without reservation.

These terms and conditions of sale apply exclusively, to the exclusion of any other conditions, particularly those applicable to in-store sales or sales through other distribution and marketing channels.

They are accessible on the Coeur Deciel website and will prevail, if necessary, over any other version or contradictory document.

The seller and the buyer agree that these terms and conditions exclusively govern their relationship. The seller reserves the right to amend these terms occasionally, and any changes will apply as soon as they are published online.

If any condition of sale is absent, it will be governed by the customary practices in the distance selling sector in France.

These terms and conditions are valid until 31 December 2028.

Article 2 Scope

These terms aim to define the rights and obligations of the parties for the online sale of goods offered by the seller to the buyer via the Coeur Deciel website.

These terms only apply to purchases made on the Coeur Deciel website and delivered exclusively within mainland France or Corsica. For deliveries to French overseas territories or abroad, buyers should contact the seller at hello@coeurdeciel.com.

These purchases concern the following products: Illustrations.

Article 3 Pre-Contractual Information

The buyer acknowledges having received, prior to placing their order and concluding the contract, a clear and comprehensible version of these terms and all information listed in Article L. 221-5 of the French Consumer Code.

The following information is communicated to the buyer in a clear and comprehensible manner:

-The essential characteristics of the goods;

-The price of the goods and/or how it is calculated;

-Any additional transport, delivery, or postage costs, as well as any other applicable charges;

-If applicable, the delivery date or period agreed upon by the seller for delivering the goods, regardless of price;

-Information about the seller, including their identity, postal, telephone, and electronic contact details, activities, legal guarantees, functionalities of digital content, and, if applicable, interoperability details, as well as the existence and terms of any guarantees and contractual conditions.

Article 4 Orders

The buyer may place their order online via the online catalogue and order form, for any product available within stock limits.

The buyer will be informed if the product or item ordered is unavailable.

To validate an order, the buyer must accept these terms by clicking in the designated area, provide their delivery address, select a delivery method, and confirm the payment method.

The sale will be deemed final:

-Upon the seller’s email confirmation of order acceptance;

-And upon full payment by the buyer.

-Placing an order constitutes acceptance of the prices and descriptions of the products available for sale. Any disputes on this matter will occur within the framework of potential exchanges and guarantees outlined below.

-The seller reserves the right to block the buyer’s order in cases such as non-payment, incorrect address details, or other account issues until the problem is resolved.

For questions about order tracking, the buyer can contact the seller by:

-Phone: +33783205968 (local call cost), Monday to Friday, 9am to 4pm;

-Email: hello@coeurdeciel.com.

Article 5 Electronic Signature

Providing the buyer’s bank card number online and confirming the order signifies:

-The buyer’s agreement to the terms;

-The enforceability of the sums owed under the order;

-Explicit approval of all transactions made.

In case of fraudulent use of the card, the buyer should immediately contact the seller at: +33783205968.

Article 6 Order Confirmation

The seller will provide the buyer with an order confirmation via email.

Article 7 Evidence of Transaction

Digital records, stored in the seller’s secure systems, will be considered proof of communications, orders, and payments made between the parties. Order forms and invoices are archived on reliable, durable media that can be produced as evidence.

Article 8 Product Information

The products governed by these terms are those listed on the seller’s website and marked as sold and shipped by the seller. They are offered subject to availability.

Products are described and presented as accurately as possible. However, the seller cannot be held responsible for errors or omissions in the presentation. Product photographs are non-contractual.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.), allowing for resale as new, accompanied by the purchase invoice.

Damaged, soiled, or incomplete products will not be accepted.

The right of withdrawal can be exercised online using the withdrawal form available on this website.

In such cases, an acknowledgment of receipt on a durable medium will be immediately provided to the buyer. Any other method of notifying withdrawal is also accepted, provided it is unambiguous and clearly expresses the will to withdraw.

In the event of exercising the right of withdrawal within the specified period, the price of the purchased product(s) and delivery costs will be refunded.

Return shipping costs are the responsibility of the buyer. Exchanges (subject to availability) or refunds will be processed within 48 hours and no later than 14 days from receipt of the returned products by the seller, in compliance with the conditions mentioned above.

Article 9 – Prices

The seller reserves the right to modify its prices at any time but undertakes to apply the rates in effect as indicated at the time of the order, subject to availability on that date.

Prices are stated in euros. They do not include delivery charges, which are invoiced additionally and indicated before the validation of the order. Prices include the VAT applicable on the day of the order, and any changes to the applicable VAT rate will automatically be reflected in the price of the products on the online store.

If one or more taxes or contributions, particularly environmental taxes, are created or modified, whether increased or decreased, such changes may be reflected in the sale price of the products.

Article 10 – Payment Methods

This is an order with a payment obligation, meaning that placing the order implies payment by the buyer.

To pay for their order, the buyer may choose from all the payment methods provided by the seller and listed on the seller’s website. The buyer guarantees the seller that they have the necessary authorisations to use the payment method chosen when validating the order form.

The seller reserves the right to suspend the management and delivery of any order in case of refusal of payment authorisation by officially accredited organisations or in the event of non-payment.

The seller also reserves the right to refuse to fulfil or deliver an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is ongoing.

Payment of the total price must be made on the day of the order using one of the following methods:

– Credit card

– PayPal

– Bank transfer

Article 11 – Product Availability, Refunds, and Contract Termination

Except in cases of force majeure or during periods of closure of the online store (which will be clearly announced on the homepage), shipping times, subject to stock availability, will be as indicated below. Shipping times begin from the date the order is registered, as indicated in the order confirmation email.

For deliveries within Mainland France and Corsica, the shipping time is one week from the day after the order is placed, using La Poste. At the latest, delivery will occur within 30 working days following the conclusion of the contract.

For deliveries to French overseas territories or other countries, the delivery terms will be specified to the buyer on a case-by-case basis.

In case of non-compliance with the agreed delivery date or time frame, the buyer must, before terminating the contract, request that the seller fulfil it within an additional reasonable time frame.

If the seller fails to fulfil the order within this new time frame, the buyer may freely terminate the contract.

The buyer must perform these successive steps via a registered letter with acknowledgment of receipt or another durable written format.

The contract will be considered terminated upon receipt by the seller of the letter or written notice informing them of this termination unless the seller has fulfilled the contract in the meantime.

However, the buyer may terminate the contract immediately if the agreed delivery date or time frame is essential to the contract.

In such cases, once the contract is terminated, the seller must refund the buyer the full amount paid, no later than 14 days following the date on which the contract was terminated.

In the event of the unavailability of the ordered product, the buyer will be informed as soon as possible and may cancel their order. The buyer may then choose to request a refund of the amounts paid (within 14 days at the latest) or to exchange the product.

Article 12 – Delivery Terms

Delivery refers to the transfer of physical possession or control of the goods to the consumer. The ordered products are delivered according to the methods and time frame specified above.

Products are delivered to the address provided by the buyer on the order form, and the buyer is responsible for ensuring its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be re-shipped at the buyer’s expense. Upon request, the buyer may receive an invoice sent to the billing address instead of the delivery address by selecting the appropriate option on the order form.

If the buyer is absent on the day of delivery, the delivery agent will leave a delivery notice in the mailbox, allowing the buyer to collect the parcel at the specified location and time.

If the original packaging is damaged, torn, or opened upon delivery, the buyer must check the condition of the items. If they are damaged, the buyer must refuse the package and note their refusal on the delivery slip (e.g., “package refused due to being opened or damaged).

The buyer must indicate any delivery issues (e.g., damage, missing product, broken item) on the delivery slip in handwritten form, accompanied by their signature.

The buyer must then confirm these reservations to the carrier by registered letter within two working days of receiving the item(s) and send a copy of this letter to the seller by fax or regular mail to the address provided in the site’s legal notice.

If the products must be returned to the seller, a return request must be made to the seller within 14 days of delivery. Any claims made after this period will not be accepted. Returns will only be accepted for products in their original condition (packaging, accessories, manual, etc.).

Article 13 – Delivery Errors

The buyer must report any delivery error or non-conformity (e.g., wrong product or quantity) to the seller on the day of delivery or, at the latest, by the next business day. Claims made beyond this time frame will not be accepted.

The buyer may make their claim:

– By phone at: +33783205968

– By email at: hello@coeurdeciel.com

Any claim not made in accordance with these rules and deadlines will not be considered, and the seller will not be held liable to the buyer.

Upon receipt of the claim, the seller will assign an exchange number for the product(s) in question and communicate it to the buyer by email. A product exchange can only occur after the exchange number has been provided.

In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety, in its original packaging, and via Colissimo Recommanded, to the following address:

46, rue des tisserands 50100 Roubaix, France.

Return shipping costs are borne by the seller.

Article 14 – Product Warranties

14.1 Legal Warranty of Conformity

The seller guarantees the conformity of the goods sold with the contract, allowing the buyer to make claims under the legal warranty of conformity outlined in Articles L. 217-3 and following of the Consumer Code.

Under this warranty:

– The buyer has two years from the delivery of the goods to act.

– The buyer may choose between repairing or replacing the goods, subject to cost conditions specified in Article L. 217-17 of the Consumer Code.

– The buyer does not need to prove the non-conformity of the goods within 24 months of delivery for new goods (12 months for used goods).

14.2 Legal Warranty Against Hidden Defects

In accordance with Articles 1641 and following of the Civil Code, the seller guarantees against hidden defects that render the goods unfit for their intended use. The buyer must prove that the defects existed at the time of sale.

This warranty must be invoked within two years of discovering the defect. The buyer may choose to terminate the sale or request a price reduction as per Article 1644 of the Civil Code.

Article 15 – Right of Withdrawal

Application of the Right of Withdrawal

In accordance with Consumer Code provisions, the buyer has 14 days from the delivery date to return any item they are unsatisfied with and request an exchange or refund without penalty, except for return shipping costs, which are borne by the buyer.

Returns must be made in their original, complete condition (packaging, accessories, manual, etc.), enabling resale in new condition and accompanied by the purchase invoice.

Damaged, soiled, or incomplete products will not be accepted.

The right of withdrawal may be exercised online using the withdrawal form available on the website. In this case, the seller will immediately acknowledge receipt on a durable medium. Other methods of withdrawal are accepted if they are unambiguous and clearly express the buyer’s intention to withdraw.

If the right of withdrawal is exercised within the specified time frame, the price of the product(s) and the delivery costs will be refunded. Return shipping costs remain the responsibility of the buyer.

Exchanges (subject to availability) or refunds will be made within 48 hours, or at the latest, within 14 days of the seller receiving the returned products in accordance with the conditions outlined above.

Exceptions

According to Article L221-28 of the French Consumer Code, the right of withdrawal does not apply to contracts:

-For the supply of goods whose price depends on fluctuations in the financial market beyond the seller’s control and which may occur during the withdrawal period;

-For the supply of goods made to the consumer’s specifications or clearly personalised;

-For the supply of goods liable to deteriorate or expire rapidly;

-For the supply of goods unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

-For the supply of goods which, after delivery, are inseparably mixed with other items due to their nature;

-For the supply of alcoholic beverages where delivery is deferred beyond thirty days and whose value depends on market fluctuations beyond the seller’s control;

-For urgent maintenance or repair work to be carried out at the consumer’s residence, expressly requested by the consumer, limited to spare parts and work strictly necessary to meet the emergency;

-For the supply of audio or video recordings or computer software unsealed by the consumer after delivery;

-For the supply of newspapers, periodicals, or magazines, except for subscription contracts for such publications;

-For the supply of digital content not supplied on a tangible medium, if the performance has started with the consumer’s prior express consent and acknowledgment of loss of the right of withdrawal.

Article 16 – Force Majeure

Any circumstances beyond the control of the parties that prevent the normal performance of their obligations shall be considered as grounds for exemption from the parties’ obligations and result in their suspension.

The party invoking such circumstances must immediately notify the other party of their occurrence and disappearance. Circumstances considered as force majeure include those that are irresistible, external to the parties, unforeseeable, unavoidable, beyond the control of the parties, and which cannot be prevented by reasonable efforts. Expressly, the following are considered cases of force majeure:

-Transport or supply blockades, earthquakes, fires, storms, floods, lightning;

-Interruptions of telecommunications networks or difficulties inherent in external telecommunications networks.

If the force majeure event lasts longer than three months, either party may terminate the agreement.

Article 17 – Intellectual Property

The content of the website remains the exclusive property of the seller, who holds all intellectual property rights. Buyers agree not to use this content in any way; any full or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.

Article 18 – Data Protection

Personal data provided by the buyer is necessary for processing orders and issuing invoices. These may be shared with the seller’s partners responsible for order execution, processing, management, and payment.

Buyers have a permanent right of access, modification, rectification, and opposition to data concerning them, which can be exercised as outlined on the Coeur Deciel’s website.

Article 19 – Partial Invalidity

If one or more provisions of these terms and conditions are deemed invalid under a law, regulation, or final judicial decision, the remaining provisions shall remain in full force and effect.

Article 20 – Non-Waiver

The failure of either party to invoke a breach of any obligation in these terms and conditions shall not be interpreted as a waiver of the obligation in question for the future.

Article 21 – Headings

In case of difficulty interpreting any heading of a clause and the clause itself, the headings will be considered non-existent.

Article 22 – Contract Language

These general terms and conditions are translated From french. The French text shall prevail in case of dispute (available on Coeur Deciel’s website).

Article 23 – Mediation and Dispute Resolution

The buyer may use conventional mediation, including the Consumer Mediation Commission or sector-specific mediation bodies, or any alternative dispute resolution method (e.g., conciliation).

In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform for out-of-court resolution of disputes between consumers and professionals within the EU. The platform can be accessed at: https://webgate.ec.europa.eu/odr/

In case of dispute, both the client and the company will first attempt to resolve the issue amicably.

Article 24 – Applicable Law

These general terms and conditions are governed by French law. In case of dispute, the competent court will be the judicial court.

Article 25 – Personal Data Protection

For full compliance with GDPR, user rights, and data usage, details are outlined in the above text.

Annex:

Model withdrawal form included for consumer use. Full details of withdrawal rights and legal obligations as per the French Consumer Code are provided.