- Terms of Sales -

- LEGAL NOTICE -

- GDPR PRIVACY POLICY -

 

 

Date of last update: 01/26/2022

 

 

Article 1 – LEGAL NOTICES

 

This site, accessible at the URL www.laboutiquecreole.comor www.creole-shop.fr (the “Site”), is published by:

LA BOUTIQUE CREOLE whose head office is located in Remalard-en-Perche (Orne), registered with the RCS of Alençon under the number 889 681 060 whose intra-community VAT number is FR19889681060

(Hereinafter referred to as the "Operator").

LA BOUTIQUE CREOLE is a simplified joint-stock company (889 681 060 RCS Alençon) Online food trade.

(Hereinafter referred to as the “ Company  ”).

The Site is hosted by OVH, located at 19 Place Françoise Dorin 75017 Paris, (telephone: 1007).

The Publication Director of the Site is Vincent Manuceau.

The Operator can be reached at the following telephone number +33 2 42 15 00 77 and at the following email address contact@laboutiquecreole.com

 

 Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS

 

The General Terms and Conditions of Sale (the “  General Terms and Conditions of Sale ”, or the “  GTC  ”) are applicable exclusively to the online sale of products offered by the Operator on the Website.

The GCS are made available to customers on the Site where they can be directly consulted and can also be communicated to them on simple request by any means.

The T&Cs are enforceable against the customer who acknowledges, by ticking a box or clicking on the button provided for this purpose, having read them and having accepted them before placing an order. The validation of the order by its confirmation is worth adhesion by the purchaser to the CGV in force on the day of the order whose conservation and reproduction are ensured by the Operator.

 

  Article 2 – DISPOSITIONS GÉNÉRALES RELATIVES AUX PRÉSENTES CONDITIONS GÉNÉRALES

 

Les conditions générales de Vente (les « Conditions Générales de Vente », ou les « CGV ») sont applicables exclusivement à la vente en ligne des produits proposés par l’Exploitant sur le Site internet.

Les CGV sont mises à la disposition des clients sur le Site où elles sont directement consultables et peuvent également lui être communiquées sur simple demande par tout moyen.

Les CGV sont opposables au client qui reconnaît, en cochant une case ou en cliquant sur le bouton prévu à cet effet, en avoir eu connaissance et les avoir acceptées avant de passer commande. La validation de la commande par sa confirmation vaut adhésion par l'acheteur aux CGV en vigueur au jour de la commande dont la conservation et la reproduction sont assurées par l’Exploitant.

 

Article 3 – DESCRIPTION DES PRODUITS

 

Le Site est un site de vente en ligne de produits exotiques des Antilles (ci-après le(s) « Produit(s) ») ouvert à toute personne physique ou morale utilisant le Site (le « Client »).

Les Produits présentés sur le Site font chacun l'objet d'un descriptif (établi par le fournisseur ou accessible sur le site du fabricant par un lien se trouvant sur le Site) mentionnant leurs caractéristiques essentielles. Les photographies illustrant, le cas échéant, les produits ne constituent pas un document contractuel. La notice d'utilisation du Produit, si c'est un élément essentiel, figure sur le Site ou est au plus tard adressée à la livraison. Les Produits sont conformes aux prescriptions du droit français en vigueur.

 Le Client demeure responsable des modalités et des conséquences de son accès au Site notamment par l’Internet. Cet accès peut impliquer le paiement de frais à des prestataires techniques tels que notamment des fournisseurs d’accès à l’Internet, lesquels demeurent à sa charge. En outre, le Client devra fournir et être entièrement responsable des équipements nécessaires afin de se connecter au Site.

 Le Client reconnait avoir vérifié que la configuration informatique qu’il utilise est sécurisée et en état de fonctionnement.

 

  Article 4 – CREATION DE L’ESPACE CLIENT

 

Pour passer une commande sur le Site, le Client doit au préalable créer son espace client personnel. Une fois créé, pour y accéder, le Client doit s’identifier en utilisant son identifiant et son mot de passe secret, personnel et confidentiel. Il appartient au Client de ne pas communiquer son identifiant et son mot de passe conformément aux dispositions de l’article DONNEES PERSONNELLES des présentes Conditions Générales. Chaque Client s'engage à conserver une stricte confidentialité sur les données, en particulier identifiant et mot de passe, lui permettant d'accéder à son espace client, le Client reconnaissant être le seul responsable de l'accès au Service par le biais de son identifiant et de son mot de passe, sauf fraude avérée. Chaque Client s'engage en outre à informer sans délai l’Exploitant dans l'hypothèse d'une perte, d'un détournement ou de l'utilisation frauduleuse de son identifiant et/ou mot de passe.

Après la création de son espace client personnel, le Client recevra un email lui confirmant la création de son espace client.

 

Le Client s'engage lors de son inscription à :

 

      Délivrer des informations réelles, exactes, à jour au moment de leur saisie dans le formulaire d'inscription du service, et notamment à ne pas utiliser de faux noms ou adresses, ou encore des noms ou adresses sans y être autorisé.

 

      Maintenir à jour les données d'inscriptions en vue de garantir en permanence leur caractère réel, exact et à jour.

 

Le Client s'engage en outre à ne pas rendre disponible ou distribuer des informations illicites ou répréhensibles (telles que des informations diffamatoires ou constitutive d'usurpation d'identité) ou encore nuisibles (telles que les virus). Dans le cas contraire, l’Exploitant sera en mesure de suspendre ou de résilier l'accès du Client au Site à ses torts exclusifs.

 

  

Article 5 – COMMANDES

 

L’Exploitant s’efforce de garantir une disponibilité optimale de ses Produits. Les offres de Produits sont valables dans la limite des stocks disponibles.

Si en dépit des meilleurs efforts de l’Exploitant, un Produit s’avérerait indisponible postérieurement à la commande du Client, l’Exploitant en informera le Client par email, dans les meilleurs délais et le Client aura le choix entre :

 

      La livraison d’un Produit d’une qualité et d’un prix équivalent à celui initialement commandé, ou le remboursement du prix du Produit commandé au plus tard dans les trente (30) jours du paiement des sommes déjà versées.

Il est convenu qu’en dehors du remboursement du prix du Produit indisponible, si cette option est demandée par le Client, l’Exploitant n'est tenu à aucune indemnité d'annulation, sauf si l'inexécution du contrat lui est personnellement imputable.

A l’exception de toute mention contraire figurant dans ces Conditions Générales et sans préjudice du droit de rétractation prévu par la loi applicable, les commandes du Client sont fermes et définitives.

Au moment de passer une commande, le Client doit sélectionner les Produits choisis, les ajouter à son panier en indiquant les Produits sélectionnés et les quantités souhaitées. Le Client a la possibilité de vérifier le détail de sa commande et son prix total, et de revenir aux pages précédentes pour éventuellement corriger le contenu de son panier, avant de le valider.

Le Client s’engage à lire les Conditions Générales de Vente alors en vigueur avant de les accepter et de confirmer les modalités et les éventuels frais de livraison et de rétractation préalable au paiement de sa commande. La confirmation de la commande entraîne acceptation des CGV et forme le contrat.

Une copie des présentes Conditions Générales telles qu’acceptées par le Client pourra être envoyée sans délai par e-mail au Client sur demande expresse à l'Exploitant.

The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in good time and at the latest at the time of delivery. The Operator strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is made available to the Customer in the "my account" space. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.

Any email that will be sent to the Customer as part of an order will be sent to the email address that the Customer uses to identify himself in his customer area.

The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that:

The Customer does not respect the General Conditions in force when ordering        

The Customer 's order history shows that sums remain due under previous orders        

· One of the Customer's previous orders is the subject of a dispute being processed        

The Customer has not responded to a request for confirmation of his order sent to him by the Operator        

The Client has not responded to a request for supporting documents        

 

The Operator archives the contracts for the sale of Products in accordance with the applicable legislation.

By making a request to the following address contact@laboutiquecreole.com The Operator will provide the Customer with a copy of the contract subject of the request.

Any modification of the order by the Customer after confirmation of his order is subject to the agreement of the Operator.

The information communicated by the Customer when placing the order (in particular name and delivery address) is binding on the latter. Thus, the responsibility of the Operator cannot in any way be sought in the event that an error when placing the order prevents or delays delivery/delivery.

The Customer declares to have the full legal capacity allowing him to engage under these General Conditions.

Registration is open to capable adults and strictly prohibited to minors unless they intervene under the supervision of the parent or guardian holding parental authority. Under no circumstances is registration authorized on behalf of third parties unless you are validly authorized to represent it (legal person for example). Registration is strictly personal to each Client.

In the event of a breach by the Customer of one of the provisions hereof, the Operator reserves the right to terminate the said Customer's account without notice.

 

Article 6 – TERMS OF PAYMENT AND SECURITY

 

The Customer expressly acknowledges that any order made on the Site is an order with payment obligation, which requires the payment of a price against the supply of the Product ordered.

In any case, the Operator reserves the right to check the validity of the payment, before the dispatch of the order, by all necessary means.

The Operator uses the Stripe online payment solution and the iZettle offline payment solution to collect payments by credit card.

Orders can be paid for using one of the following payment methods:

 

· Payment by credit card. Payment is made directly on the secure banking servers of the Operator's bank, the Customer's bank details do not pass through the Site. The bank details provided during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these coordinates are not accessible to third parties.        

 

The Customer's order is recorded and validated upon acceptance of payment by the bank.

 

The Customer's account will be debited with the corresponding amount only when (i) the details of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.

 

The impossibility of debiting the sums due will result in the immediate nullity of the sale.

 

The credit card may in particular be refused if it has expired, if it has reached the maximum amount of expenditure to which the Customer is entitled or if the data entered is incorrect.

If necessary, the order validated by the Customer will only be considered effective when the secure bank payment center has given its agreement to the transaction.

 

As part of the control procedures and in order to optimize the security of online payments, the Operator may ask the customer for all the documents necessary to finalize his order before or after online payment. These parts will not be used for any purpose other than these.

 

  • If the transaction is considered at risk by the service provider, we will request proof of identity and address, the only recipient of which is the operator of laboutiquecreole.com

 

The operator reserves the right to suspend, cancel or refuse any order from a customer, whatever its nature and level of execution in the event of non-payment, or partial payment of any sum due by the customer or payment incident, fraud or attempted fraud relating to the use of the site or with which there is a dispute relating to the payment of a previous order, or failure to respond to a request for supporting documents

 

 

· Payment by bank transfer. The Customer can pay for his order by bank transfer. When ordering, the Operator will communicate the details of the account to which the transfer will be made, as well as the order reference to be indicated in the transfer order. Orders are processed within 48 hours maximum of receipt of the transfer.        

 

Article 7 – PAYMENT OF THE PRICE

 

The price of the Products in force at the time of the order is indicated in euros all taxes included (TTC) excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the advertising period for the promotion.

 

The price is payable in euros (€) exclusively. The price is payable in full after confirmation of the order. The prices offered include discounts and rebates that the Operator may grant.

 

If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before the validation of the order by the Customer. The total amount owed by the Customer and its details are indicated on the order confirmation page.

 

 

Article 8 – NOTICES RELATING TO THE SALE OF ALCOHOL

 

Pursuant to Article L.3342-1 of the Public Health Code prohibiting the sale of alcohol to minors under the age of eighteen (18), the customer agrees by validating his order to be ten- eight years of age on the date of the order.

The buyer who orders alcohol on www.laboutiquecreole.com confirms that they are of legal age and have the right to buy alcohol in their country.

Alcohol consumption during pregnancy, even in small quantities, can have serious consequences on the baby's health.

The  www.laboutiquecreole.com site informs the buyer that the maximum shipping volume is 10 liters of pure alcohol and 20 liters for intermediate products (quantities set out in article 111-0 A of appendix III of the CGI)

 

Article 9 – FORMATION OF THE CONTRACT

 
The contract between the Operator and the Customer is formed when the Customer sends the confirmation of his order.

 

The Customer's attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places his order, he must confirm it by the "double-click" technique, i.e. after having selected the Products added to the basket, the Customer must check and possibly correct the content of his basket (identification, quantity of products selected, price, terms and delivery costs) before validating it by clicking on "I validate my delivery", then he acknowledges accepting these T&Cs before clicking on the "I pay" button, finally he validates his order after having filled in his bank details. The "double click" is equivalent to an electronic signature and is equivalent to a handwritten signature.It constitutes an irrevocable and unreserved acceptance of the order by the Customer.

 

The archiving of communications, purchase orders and invoices is ensured by the Operator on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, purchase orders and invoices can be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitutes proof of all transactions between the Operator and its Customers.

 

The order can be canceled by the Customer by registered letter with acknowledgment of receipt or in writing on another durable medium in the event of:

 

delivery of a Product that does not conform to the declared characteristics of the Product;     

 

delivery exceeding the deadline set in the order form or, in the absence of such a date, within thirty (30) days following the conclusion of the contract, after the Operator has been ordered, according to the same terms and without result, to make the delivery within a reasonable additional time;     

a price increase that is not justified by a technical modification of the product imposed by the public authorities.     

 

In all these cases, the Customer may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.

 

The order can be resolved by the Operator in the event of:

 

the buyer's refusal to take delivery;     

non-payment of the price (or the balance of the price) at the time of delivery.     

 

Article 10 – RETENTION OF OWNERSHIP

 

The Operator remains the exclusive owner of the Products ordered on the Site until the full price has been received, including any shipping costs.

 

Article 11 – SHIPPING AND DELIVERY

 

The online sales offers presented on the site are reserved for consumers residing in France and abroad.

 

Delivery means the transfer to the Customer of physical possession or control of the Product.

 

The Operator offers you different delivery or delivery methods depending on the nature of the product: Home delivery by Colissimo, at a relay point or on-site collection (Remalard-en-Perche).

 

The shipping costs are those specified during the finalization of the order and are accepted by the validation of the order .

 

The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum period of thirty (30) days after receipt of the order.

 

Delivery times are announced in working days on the Site when ordering. These deadlines include the preparation and shipping of the order as well as the deadline provided by the carrier.

 

The Operator undertakes to ship the Products in accordance with the deadlines announced on each Product sheet and in the basket, provided that payment for the order has not been previously refused.

 

However, if one or more Products could not be delivered within the time initially announced, the Operator will send an email indicating to the Customer the new delivery date.

 

The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to him to check that this address does not contain any errors. The Operator cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.

On delivery, you may be asked to sign a receipt.

No delivery will be made to a PO Box.

Upon delivery, it is the Customer's responsibility to check that the Products delivered comply with his order and that the package is sealed and undamaged. If this is not the case, the Customer must imperatively indicate this on the delivery note. No claim on the quantity or condition of the Product will be accepted if the claim has not been made on the delivery note.

 

Article 12 – RIGHT OF WITHDRAWAL

 

If a Product delivered does not fully satisfy the Customer, the latter may return it to the Operator. The Customer will have fourteen (14) days to do so from the date of receipt of the order.

In accordance with article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of articles L. 221-18 and following of the Consumer Code, the Customer is invited to complete the standard withdrawal form then send it by e-mail to the Operator by clicking on the link below www.laboutiquecreole.com/Formulaire-de-retractation.pdf

The Operator will send an acknowledgment of receipt of the Customer's withdrawal request by e-mail.

If necessary, the Customer may exercise his right of withdrawal by notifying the following information to the Operator:

 

Name, geographical address, telephone number and e-mail address;     

 

Decision to withdraw by means of an unambiguous statement (for example, letter sent by post, fax or e-mail when these contact details are available and therefore appear on the standard withdrawal form). The Customer can use the model withdrawal form but it is not mandatory.     

The return costs are the responsibility of the Customer, unless the goods cannot normally be returned by post, in which case the Operator will recover the Product at its own expense.

The exceptions of article L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, in particular if the order consists of a contract:

 

supply of services fully performed before the end of the withdrawal period and the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal;     

 

supply of goods or services 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 being delivered and by their nature, are inseparably mixed with other items;     

 

supply of alcoholic beverages whose delivery is deferred for more than thirty (30) days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the professional's control;     

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;     

 

concluded at a public auction;     

 

provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or period;     

 

supply of digital content not supplied on a physical medium, the execution of which has begun after the consumer's prior express agreement and express waiver of his right of withdrawal.     

 

The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused and with all possible accessories.

 In addition to the returned Product, the return package must also contain a letter specifying the exact and complete contact details (surname, first name, address) of the Customer as well as the order number, and the original purchase invoice.

The Operator will reimburse the Customer for the amount of the Product within fourteen (14) days of receipt of the Product and all the elements enabling the Customer's reimbursement to be implemented. This refund may be made by the same means of payment as that used for the Customer. As such, the Customer who has paid for his order in the form of credit notes / gift vouchers may be reimbursed by credit notes / gift vouchers according to the Operator's wishes.

By accepting these General Conditions of Sale, the Customer expressly acknowledges having been informed of the terms of withdrawal.

 

Article 13 – CUSTOMER SERVICE

 

The Customer can contact the Operator:

At the following number +33 2 42 15 00 77 on the following day and opening hours from Monday to Friday from 10 am to 5 pm.   

 

By email by contacting contact@laboutiquecreole.com   indicating his name, telephone number, the subject of his request and the number of the order concerned.     

 

Article 14 – INTELLECTUAL PROPERTY AND SITE USE LICENSE

 

The Operator is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, images, animated or not, photographs, videos, logos, drawings, models, software, brands, visual identity, database , structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the “  Elements  ”) which are protected by French and international laws and regulations relating in particular to intellectual property.

 

Consequently, none of the Elements of the Site may in whole or in part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way. , free of charge or against payment, by a Client or by a third party, whatever the means and/or media used, whether known or unknown to date, without the prior express written authorization of the Operator on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and/or exploitation.

 

Furthermore, it is specified that the Operator is not the owner of the content put online by the Customers, for which the latter remain fully responsible and guarantee the Company against any recourse in this respect. Customers grant the Operator a non-exclusive, transferable, sublicensable, free and worldwide license to use the intellectual property content they publish on the Site, for the entire duration of protection of this content.

 

The Operator reserves the right to take legal action against persons who have not complied with the prohibitions contained in this article.

 

Article 15 – LIABILITY AND GUARANTEE

 

The Operator cannot be held responsible for the non-performance of the contract by the Customer or due to an event qualified as force majeure by the competent courts or even for the unforeseeable and insurmountable fact of any third party hereto.

 

The Operator cannot be held responsible for information imported, stored and/or published on the Site by Customers. The Operator cannot be held responsible for any information published by a Customer on the Site and for direct or indirect damage that this use could cause to a third party, the Customer at the origin of the publication remaining solely responsible for this. title.

 

The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions over the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change the content and/or their presentation.

The Operator cannot be held responsible for the use that would be made of the Site and its services by the Customers in violation of these General Conditions and for the direct or indirect damage that this use could cause to a Customer or to a third party. In particular, the Operator cannot be held liable for false declarations made by a Customer and for his behavior vis-à-vis third parties. In the event that the responsibility of the Operator is sought because of such behavior of one of its Customers, the latter undertakes to guarantee the Operator against any judgment pronounced against it as well as to reimburse the Operator of all costs, including attorneys' fees, incurred for its defence.

The Customer is solely responsible for all of the content that he puts online on the Site, for which he expressly declares that he has all the rights, and guarantees the Operator in this respect that he does not put online content violating third-party rights, in particular intellectual property, or constituting an attack on persons (in particular defamation, insults, insults, etc.), respect for private life, an attack on public order and morality (in particular, glorification of crimes against humanity, incitement to racial hatred, child pornography, etc.). In the event of violation of the laws in force, morality or these General Conditions, it is recalled that the Operator has no general obligation to monitor the content transmitted or stored via the Site. In the event that the Operator's liability is sought for content posted by the Customer, the latter undertakes to guarantee the Operator against any conviction pronounced against it and to reimburse the Operator. of all costs, in particular attorneys' fees, incurred for his defence. it is recalled that the Operator has no general obligation to monitor the content transmitted or stored via the Site. In the event that the Operator's liability is sought for content posted by the Customer, the latter undertakes to guarantee the Operator against any conviction pronounced against it and to reimburse the Operator. of all costs, in particular attorneys' fees, incurred for his defence.

Independently of any additional contractual guarantee (commercial guarantee) which may be granted, the Products benefit from the legal guarantee of conformity provided for in articles L. 217-4 and following of the Consumer Code (in particular L. 217-4 to L. 217 -14 of the Consumer Code), and the guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.

 

When you act within the framework of the legal guarantee of conformity:

 

you have a period of two (2) years from delivery of the goods to act:     

 

you can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code;     

 

you are exempted from providing proof of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods (except second-hand goods).     

 You can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, you can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.

Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the Consumer Code, of article 1641, 1644 and of the first paragraph of Article 1648 of the Civil Code, as in force on the date of these General Conditions:

 

Art. L.217-4 of the consumer code:

“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »

Art. L.217-5 of the consumer code:

“The property is in accordance with the contract:

1° If it is specific to the use usually expected of a similar item and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »

Art. L.217-7 of the consumer code:

“The defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.

For goods sold second-hand, this period is set at six months.

 

 

The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. »

Art. L.217-9 of the consumer code:

“In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer”.

Art. L.217-12 of the consumer code:

“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »

Art. 1641 of the civil code:

"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or I would have paid a lesser price for them, if he had known them. »

Art. 1644 of the civil code:

“In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and getting part of the price refunded. »

Art. 1648 paragraph 1 of the civil code:

“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »

 

It is reminded that the search for amicable solutions prior to a possible legal action does not interrupt the deadlines for action of the legal guarantees nor the duration of any possible contractual guarantee.


Article 16 – PERSONAL DATA

 

For more information regarding the use of personal data by the Operator, please carefully read the Privacy Policy (the “ Charter ”). You can consult this Charter at any time on the Site.

 

Article 17 – HYPERTEXT LINKS

 

The hypertext links available on the Site may refer to third-party sites not published by the Operator. They are provided solely for the convenience of the Customer, in order to facilitate the use of the resources available on the Internet. If the Customer uses these links, he will leave the Site and will then agree to use third-party sites at his own risk or, where applicable, in accordance with the conditions governing them.

 

The Customer acknowledges that the Operator does not control or contribute in any way to the development of the conditions of use and/or the content applying to or appearing on these third-party sites.

 

Consequently, the Operator cannot be held responsible in any way whatsoever because of these hypertext links.

 

In addition, the Customer acknowledges that the Operator cannot endorse, guarantee or endorse all or part of the conditions of use and/or the content of these third-party sites.

 

The Site may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by the Operator.

 

The Operator invites the Customer to inform him of any hypertext link present on the Site which would allow access to a third party site offering content contrary to the law and/or morality.

 

The Customer may not use and/or insert a hypertext link pointing to the site without the prior written consent of the Operator on a case-by-case basis.

 

Article 18 – REFERENCES

 

The Customer authorizes the Operator to mention the name of the Customer, its logo as a reference in its communication media (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc. .).

 

Article 19 – GENERAL PROVISIONS

 

ENTIRE AGREEMENT OF THE PARTIES

These General Conditions constitute a contract governing the relationship between the Client and the Operator. They constitute all of the rights and obligations of the Company and the Operator relating to their subject. If one or more stipulations of these General Terms and Conditions were declared void pursuant to a law, regulation or following a final decision by a competent court, the other stipulations shall retain their full force and scope. In addition, the fact for one of the parties to these General Conditions not to avail itself of a breach by the other party of any of the provisions of these General Conditions cannot be interpreted as a waiver on its part of rely in the future on such a breach.

 

CHANGES TO TERMS

The Operator reserves the right to modify at any time and without notice the content of the Site or the services available there, and/or to temporarily or permanently cease to operate all or part of the Site.

In addition, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these General Conditions. The Customer is therefore required to refer to these General Conditions before any use of the Site.

The Customer acknowledges that the Operator cannot be held responsible in any way whatsoever towards him or any third party as a result of these modifications, suspensions or terminations.

The Operator advises the Customer to save and/or print these General Conditions for safe and lasting storage, and thus be able to invoke them at any time during the performance of the contract if necessary.

 

COMPLAINT - MEDIATION

 

In the event of a dispute, you must first contact the company's customer service at the following coordinates: contact@laboutiquecreole.com or ( + 33) 9 80 94 43 36   

In the event of failure of the complaint request to customer service or in the absence of a response from this service within ten (10) days, the Customer may submit the dispute relating to the order form or these GCS. opposing the Operator to the following mediator: Eure et Loir Mediation Center, 1 rue de Lisses 28000 Chartres, telephone: 02 37 21 23 41.

The mediator will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

 

APPLICABLE RIGHT

These General Conditions are governed, interpreted and applied in accordance with French law.

 

ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER

The Customer acknowledges having carefully read these General Conditions.

 

By registering on the Site, the Customer confirms that he has read the General Conditions and accepts them, making him contractually bound by the terms of these General Conditions.

 

The General Conditions applicable to the Customer are those available on the date of the order, a copy dated to date of which can be given to the Customer at his request, it is therefore specified that any modification of the General Conditions which would be made by the Operator does not will not apply to any order made previously, except with the express agreement of the Customer at the origin of a given order.




 

 

 

 

 

 

PRIVACY CHARTER

 

 

Date of last update: 01/26/2022

 

 

The purpose of this charter on respect for privacy (the “ Charter ”) is to formalize our commitment to respect the privacy of users of the website  www.laboutiquecreole.com (the “  Site  ”) operated by LA BOUTIQUE CREOLE (simplified joint-stock company)

The Charter and the General Conditions of the Site form a contractual whole. All capitalized terms not defined in this Charter are defined in the General Conditions available here  : www.laboutiquecreole.com/content/2-mentions-legales

As part of the provision of our Site, we process your personal data in compliance with the General Data Protection Regulation 2016/679 of April 27, 2016 (“GDPR”) and under the conditions set out below. .

Personal data means any information relating to an identified or identifiable natural person. We collect and process personal data in the context of providing our Services or communicating about these Services exclusively, in strict compliance with the GDPR.

We only collect personal data that is adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed. Thus, you will never be asked to enter personal data considered "sensitive", such as your racial or ethnic origins, your political, philosophical or religious opinions.

By registering on the Site, you authorize us to process your personal data in accordance with the Charter. If you refuse the terms of this Charter, please refrain from using the Site and the Services.

 

1. In which cases do we collect your personal data and what data is collected?

We may collect and store your personal data, in particular when you:

browse the Site     

[Actions on the Site or Services resulting in the collection of personal data. Examples: account creation, online payment, etc.]     

contact us.     

We use your personal data to enable the implementation and management of the Site Services and to respond to your specific requests. We also use your personal data in order to operate and improve our Services, our Site and our approach. This information is used only by us and allows us to better adapt our Services to your expectations.

If you decided to receive emails and messages from us when creating your Account, you will then receive electronic and alphanumeric messages relating to our products and promotions. We will then use the personal data you provided when registering. You can unsubscribe from these mailings at any time.

1.1 Browsing the Site

Login data. Each time you connect to our Site, we collect personal data such as, in particular, your IP address and the MAC address of your computer, the date and time of connection, as well as information on the browser you are using.

Browsing data. We also collect information to identify how you access the Site, which pages are viewed and for how long. In this context, we may have recourse to the use of Cookies as specified in paragraph 6 below.

 

1.2 Creating an Account

Access to some of our Services requires the prior creation of an Account. In accordance with the General Conditions, you will be asked to enter a certain amount of personal data when creating your Account, in particular your first and last names, your postal address, your email address and your telephone number.

 

1.3 Payment

Some of the Services available are chargeable. To this end, you agree that we may use external service providers who may collect personal data for the purpose of enabling the proper functioning of credit card payment processing services or any other means of payment and , where applicable, delivery of products or services.

To pay for your purchase, you must provide your billing details as well as your payment details, and in particular the number of your bank card, the expiry date, the security code and the name of the cardholder in the event of payment by Bank card

You may also be asked to provide the name of your telecom operator, your mobile phone model and a valid mobile number in order to provide purchase instructions directly through your mobile phone .

We store details of your payments, as well as details of purchases you make. The details of the transactions are stored either in our systems or with the external service provider. This retention is carried out for internal purposes, in particular for accounting, compliance and legal purposes, in accordance with paragraph 5 of this Charter.

 

1.4 Subscription to our Newsletter

When creating your Account, you can give your prior consent to receive our newsletters concerning news, new products, services and promotions, within the framework of the Services.

You can also consent directly to receiving our newsletters by entering your email address in the places provided for this purpose on the Site.

In any case, you have the right to withdraw your consent to receive such newsletters at any time and free of charge under the conditions provided for in paragraph 6 of the Charter.

 

1.5 Contacts

In order to respond to requests that you may make to our Customer Service and to confirm the information concerning you, we may use your surname, first name, e-mail address and telephone number.

2. How do we protect your personal data?

We have implemented technical and organizational security measures to guarantee the security, integrity and confidentiality of all your personal data, in order to prevent them from being distorted, damaged or that third parties not authorized have access. We ensure an appropriate level of security, taking into account the state of knowledge, the costs of implementation and the nature, scope, context and purposes of the processing as well as the risks and their probability.

However, it is specified that no security measure being infallible, we are not able to guarantee absolute security of your personal data.

Furthermore, it is your responsibility to ensure the confidentiality of the password allowing you to access your Account. Do not share this information with anyone. If you share your computer, remember to log out before leaving a Service.

 

3. In which cases do we share your personal data?

3.1 Sharing your personal data with third party companies

When browsing the Site, your personal data may be transmitted to external service providers. These third parties perform a service on our behalf and on our behalf to enable the proper functioning of credit card payments and other Services.

No transfer of personal data is made outside the European Union.

Except in the case where a third party asks you to accept a confidentiality charter and its own terms of use, the third-party companies having received communication of your personal data have undertaken to process your personal data only. for the implementation of our Services. 

We will never share, without having obtained your prior consent, your personal data with third-party companies for marketing and/or commercial purposes.

3.2 Sharing with authorities

We may be required to disclose your personal data to the administrative or judicial authorities when their disclosure is necessary for the identification, arrest or prosecution of any individual likely to prejudice our rights, of any other user or a third. Finally, we may be legally required to disclose your personal data and cannot oppose it in this case.

 4. How long do we keep your personal data?

We will only keep your personal data for the duration of your registration on the Site in order to ensure your identification when you connect to your Account and to allow the provision of the Services.

Thus, if you unsubscribe from the Site, your personal data will be erased and only kept in archive form for the purpose of establishing proof of a right or a contract.

In any case, we will keep your personal data for a period not exceeding that necessary with regard to the purposes for which they are processed in accordance with the uses set out in this Charter and in compliance with laws and regulations.

 

5. Cookies: how do we use them?

5.1 What is a cookie?

A cookie is a text file likely to be placed in a terminal when consulting an online service with browser software. A cookie file notably allows its issuer, during its period of validity, to recognize the terminal concerned each time this terminal accesses digital content containing cookies from the same issuer.

In any case, the cookies placed on your navigation device with your consent are destroyed 13 months after they are placed on your device.

5.2 What are the cookies issued on our Site used for? 

The cookies we issue allow us to:

to establish statistics and volumes of visits and use of the various elements making up our Site (headings and content visited, routes), allowing us to improve the interest and ergonomics of the Site and, where appropriate, to our products and services;     

to adapt the presentation of our Site to the display preferences of your terminal (language used, display resolution, operating system used, etc.) during your visits to our Site, depending on the hardware and software of viewing or reading that your terminal has;     

to store information relating to a form that you have completed on our Site (registration or access to your account) or to products, services or information that you have chosen on our Site (subscribed service, content of a shopping cart , etc.);     

to allow you to access reserved and personal areas of our Site, such as your Account, using identifiers or data that you may have previously entrusted to us and to implement security measures, for example when you are asked to log in again to a content or service after a certain period of time.     

When you browse the Site, social network cookies may be generated, in particular through sharing buttons which collect personal data.

During your first visit to the Site, a cookie banner will appear on the home page. A clickable link allows you to find out more about the purpose and operation of cookies and refers to this Charter. Continuing to browse on another page of the site or selecting an element of the Site (in particular: image, text, link, etc.) materializes your acceptance of the deposit of the targeted cookies on your computer.

 

5.3 How can you control the cookies used?

You can configure your browser software at any time so that cookies are saved in your terminal or, on the contrary, that they are rejected (either systematically or according to their issuer). You can also configure your browser software so that the acceptance or refusal of cookies is offered to you from time to time, before a cookie can be saved in your terminal. 

Warning:  any setting is likely to modify your browsing on the Internet and your conditions of access to certain services requiring the use of cookies. We decline all responsibility for the consequences linked to the degraded functioning of our services resulting from the impossibility of recording or consulting the cookies necessary for their functioning and which you would have refused or deleted. This would be the case if you tried to access our content or services that require you to identify yourself. This would also be the case when we (or our service providers) could not recognize, for technical compatibility purposes, the type of browser used by your device, its language settings and display or the country from which your device appears to be connected to the Internet.

 

5.4 How to configure your navigation software? 

For the management of cookies and your choices, the configuration of each browser is different. It is described in the help menu of your browser, which will allow you to know how to modify your wishes in terms of cookies. Below you will find information about the main browsers.

Internet Explorer / Edge

In Internet Explorer, click the Tools button, then click Internet Options.
On the General tab, under Browsing history, click Settings.
Click the View Files button.

firefox

Go to the Tools tab of the browser then select the Options menu     

In the window that appears, choose Privacy and click on Show cookies     

Safari

Access Settings via the browser menu (Safari > Preferences)     

Click on Privacy.     

Google Chrome                

Access Settings via the button to the right of the URL bar or via the browser menu (Chrome > Preferences).     

Select Advanced Settings     

Click on Content settings then on Cookies.     

For more information on cookies, you can  consult the CNIL website HYPERLINK    www.cnil.fr/fr/site-web-cookies-et-autres-traceurs

6. What are your rights?

You are the only ones to have communicated to us the data in our possession, via the Site. You have rights over your personal data. In accordance with the regulations on the protection of personal data, in particular articles 15 to 22 of the GDPR, and after having proved your identity, you have the right to ask us for access to the personal data concerning you, the rectification or erasure thereof.

In addition, within the limits set by law, you also have the right to oppose the processing, to limit it, to decide on the post-mortem fate of your data, to withdraw your consent at any time and the right to portability. personal data provided.

You can contact our Services to exercise your rights at the following email address : contact@laboutiquecreole.com or at the following postal address: La Boutique Creole, ZA de Saint-Marc Sud, Les Docks Saint-Marc, 61110 Remalard -en-Perche, enclosing a copy of an identity document with your request. 

In addition, you can unsubscribe from our newsletter at any time by clicking on the unsubscribe link at the bottom of each email. You can also unsubscribe by sending a message to the following address: contact@laboutiquecreole.com

7. Can we modify the Charter?

We reserve the right to modify the Charter at any time. It is therefore recommended that you consult it regularly. If there are any changes, we will post those changes on this page and where we deem appropriate based on the purpose and significance of the changes made.

Your use of the Site after any changes means that you accept those changes. If you do not accept certain substantial modifications made to this Charter, you must stop using the Site.

8. Data Protection Officer and contact

For any question concerning your personal data or if you wish to delete your Account, please contact us at the following postal address: La Boutique Creole, ZA de Saint-Marc Sud, Les Docks Saint-Marc 61110 Remalard-en-Perche (indicating "Privacy - Data Protection"), or by email to contact@laboutiquecreole.com

9. The National Commission for Computing and Liberties ("CNIL")

We remind you that you can contact the CNIL directly on the  CNIL website  or by mail at the following address: Commission Nationale de l'Informatique et des Libertés (CNIL), 3 Place de Fontenoy - TSA 80715, 75334 PARIS CEDEX 07.