TERMS AND CONDITIONS OF USE
GENERAL TERMS AND CONDITIONS OF USE
Date: 17/08/2022
The company Basic Original, registered in the trade and companies register of Thonon-les-Bains under number 907 844 369 and whose registered office is located at 32 CHEMIN DE LA CHAPELLE - 64990 LAHONCE is engaged in the purchase and sale of clothing.
PURPOSE
The purpose of these General Terms and Conditions of Use (hereinafter the “GTC”) is to set out the terms and conditions on which the Company sells its products or provides its services on its website (hereinafter the “Products or Services”, “Products” or “Services”) to customers who purchase or subscribe to them (hereinafter the “Customer”).
The Products or Services sold by the Company are those described on its website: www.crushop.fr (hereinafter the “Site”) or any other relevant medium made available to the Customer by the Company on the date the Customer places their order.
The Company reserves the right to amend or adapt these GTC at any time. The version of the GTC applicable to the Customer is the version provided by the Company at the time of purchase of the Products or Services. Any amendments to these GTC shall be binding on the Customer from the date they are published online and may not apply to transactions concluded prior to that date.
The Customer confirms that they have read and accepted the GTC without reservation before placing their order.
PRE-CONTRACTUAL OBLIGATIONS
In accordance with Article L.111-1 of the French Consumer Code, the Company provides the consumer with clear and understandable information about the essential characteristics of the Products or Services, which are: the sale of clothing.
ACCESS TO THE SITE
The Site is accessible 24 hours a day, 7 days a week, except in the event of voluntary or involuntary interruption by the Company, its service providers or the internet network, or in cases of force majeure.
The Company shall not be held liable for the unavailability of the Site for any reason whatsoever, which the Customer accepts.
The Company uses all means at its disposal to secure the Site and keep it regularly up to date, but cannot guarantee to the Customer that the Site will be fully secure.
The Company may therefore suspend or discontinue the operation of the Site at any time at its discretion.
PRICES
The Products or Services are sold at the prices in force at the time the order is placed. These prices are expressed in EURO and include all taxes
The Company reserves the right to change its prices at any time.
ORDER AND PAYMENT TERMS
Orders are placed directly on the Site. Payment for the Services or Products is made at the time of order by bank card.
INVOICING
Each order is subject to an invoice sent by email or post by the Company to the Customer.
Each invoice must be paid within 30 days from the date the invoice is issued.
LATE PAYMENT
In the event of late or partial payment of the amount stated on the invoice issued by the Company, the business Customer may be subject to late payment penalties equal to 1.5 times the legal interest rate in force at the time the Products or Services are delivered.
These penalties accrue from the payment due date without any prior formal notice being required.
In addition to these late payment penalties, a fixed compensation of 40 euros for recovery costs shall apply, pursuant to Articles L.441-10 and D.441-5 of the French Commercial Code.
Consumer Customers are not subject to such late payment penalties.
The Company remains the owner of the Products sold until the price has been paid in full, and the Customer undertakes, until ownership has been transferred, to take all reasonable precautions to properly preserve the Products.
DELIVERY
Products are delivered by post to the address specified when the order is placed.
The Company undertakes to deliver the Product within 2 months from the date the order is placed.
RESCISSION CLAUSE / CANCELLATION
The sale may be rescinded by right and give rise to a claim for damages in favour of the Company if the buyer does not pay the full amount due within one week of the date on which a formal notice to pay is sent.
RIGHT OF WITHDRAWAL
As a consumer within the meaning of law and case law, the Customer has a right of withdrawal for any purchase made online.
The right of withdrawal may be exercised within 14 days of the date the Product is received or the Service is performed.
A Customer who exercises their right of withdrawal from a service contract for which they expressly requested performance before the end of the withdrawal period may be liable for payment of fees corresponding to the service provided up to the receipt of their decision to withdraw.
The withdrawal period expires at midnight on the last day. If the period expires on a Saturday, Sunday, or public holiday or day off, it shall be extended until the first following business day.
To exercise their right of withdrawal, the Customer must notify the Company of their decision to withdraw by email or by letter sent by post to the Company's address.
To do so, the Customer is invited to complete and return the withdrawal form provided in Annex 1 of these GTC.
LIABILITY
The Customer is solely responsible for their use of the Products or Services.
WARRANTIES
All Products are covered by the legal guarantee of conformity provided for in Articles L.217-4 et seq. of the French Consumer Code and the guarantee against hidden defects provided for in Articles 1641 et seq. of the French Civil Code. These guarantees, in particular, allow the Customer to return defective or non-conforming Products delivered to the Company.
1. Legal guarantee of conformity
- Article L.217-4 of the French Consumer Code:
The goods are in conformity with the contract if they meet, where applicable, the following criteria:
1° They correspond to the description, type, quantity and quality, particularly in terms of functionality, compatibility, interoperability, or any other characteristic provided for in the contract
2° They are suitable for any special purpose sought by the consumer and made known to the seller no later than the conclusion of the contract and which the latter has accepted;
3° They are delivered with all accessories and installation instructions that must be provided in accordance with the contract;
4° They are updated in accordance with the contract.
- Article L.217-5 of the French Consumer Code:
I.-In addition to the criteria of conformity with the contract, the goods are in conformity if they meet the following criteria:
1° They are suitable for the use normally expected of goods of the same type, taking into account, where applicable, any provision of European Union law and national law, as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned:
2° Where applicable, they possess the qualities that the seller presented to the consumer in the form of a sample or model before the conclusion of the contract;
3° Where applicable, the digital elements they contain are provided in the latest version available at the time of the conclusion of the contract, unless the parties agree otherwise
4° Where applicable, they are delivered with all accessories, including packaging, and installation instructions that the consumer may legitimately expect;
5° Where applicable, they are provided with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19;
6° They correspond to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer may legitimately expect for goods of the same type, having regard to the nature of the goods as well as to the public statements made by the seller, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or on labelling.
2. Legal guarantee against hidden defects
Article 1641 of the French Civil Code:
“The seller is bound by the guarantee for hidden defects in 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 purchased it, or would have given it a lower price, had they known of them.”
Article 1648, paragraph 1 of the French 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 recalled that under the legal guarantee of conformity, the Customer:
- benefits from a period of 2 years from the delivery of the goods to take action against the Company;
- may choose between the repair or replacement of the goods by making the goods available to the Company;
- is exempt from having to prove the existence of the non-conformity of the goods during the 24 months following the delivery of the goods.
-The legal guarantee of conformity applies independently of the commercial guarantee that may cover your goods. It is recalled that the Customer may decide to invoke the guarantee against hidden defects in the thing sold within the meaning of Article 1641 of the Civil Code and that, in this event, they may choose between the rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
3. Implementation
In the event of delivery to the Customer of a Product that is non-conforming to the order or reveals a hidden defect, the Customer must return the Product to the Company by post to the following address:
CRUSHOP- 32 CHEMIN DE LA CHAPELLE - 64990 LAHONCE
Any claim must be made within 14 business days from the date of receipt of the order to make any claim relating to its return.
The Customer may ask the Company for theexchange with an identical Product or one of equivalent quality and price within the limits of stock or therefund of the price of the Product and any initial and return delivery costs.
AMENDMENT TO THE CONTRACT
Any amendment, rescission or waiver of any of the clauses of these GTC shall only be valid after written and signed agreement between the Company and the Customer.
PERSONAL DATA
The Company will collect personal data in order to provide the Products or Services ordered by the Customer.
In accordance with the French Data Protection Act of January 6, 1978 and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (known as the GDPR), the Customer has the right of access, rectification and objection to personal data concerning them. They simply need to write by email to the following address: hello@crushshop.fr indicating their name, first name, email and postal address and specifying the subject of their request.
The personal data requested from the Customer are notably necessary for the processing of their order and the issuance of invoices.
This data may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
The Customer has the right to lodge a complaint against the company before the CNIL.
We retain your personal data for as long as necessary to provide the Service or the Product and fulfill the obligations you have requested of us, or for other essential purposes such as compliance with our legal obligations.
Furthermore, the Company undertakes to comply with the rules in force, notably the GDPR regulation, in the processing of the Customer's personal data.
FORCE MAJEURE
The Company cannot be held liable for the non-performance of its contractual obligations under the conditions provided for in these GTC in the event of an act of God or an event of force majeure as defined by Article 1218 of the Civil Code. In addition to the acts of God defined by the case law of the French courts, any situation where the performance of contractual obligations is delayed or prevented, notably but not limited to industrial disputes, interventions by authorities, natural disasters, epidemics, fires, water damage, interruption of the electricity or telecommunications network, administrative decisions, are considered as acts of God or events of force majeure independent of the Company's will and its liability cannot be engaged.
INTELLECTUAL PROPERTY
All elements appearing on the Site, or any other document or medium transmitted to or accessible to the Customer, such as, but not limited to, any logo, formatting, images, texts, logos, databases, programs, etc., are protected by intellectual property rights and belong entirely to the Company.
The sale of Products or Services to the Customer does not in any way entail the transfer of these intellectual property rights. The Company therefore remains the sole owner of these intellectual property rights.
The Customer may under no circumstances make use of the elements protected by intellectual property rights belonging to the Company without the prior, express and written consent of the latter.
APPLICABLE LAW AND COMPETENT JURISDICTION
These GTC are governed by French law.
All disputes arising from the purchase and sale operations concluded in application of these general terms of sale, concerning their validity, interpretation, performance, rescission, consequences and outcomes and which could not have been resolved amicably between the Company and the Customer, shall be submitted to the courts of the jurisdiction of the city of the location of the Company's main establishment under common law conditions.
In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, our company has set up a consumer mediation system. The selected mediation entity is: CNPM - MEDIATION - CONSOMMATION. In the event of a dispute, you can file your complaint on its website: http:// cnpm-mediation-consommation.eu or by post by writing to CNPM - MEDIATION - CONSOMMATION - 27 Avenue de la Libération 42400 SAINT- CHAMOND.
ANNEX 1 – WITHDRAWAL FORM
To the attention of:
Company: BASIC ORIGINAL
Address: 32 CHEMIN DE LA CHAPELLE - 64990 LAHONCE
Email: hello@crushshop.fr
Siren Number: 907 844 369
I hereby notify you of my withdrawal from the contract concluded on ...../...../....... Scheduled for........................................................................................
Customer Name and Surname: Address:
At........................... on....../....../....... (Customer Name and Surname)
Signature:
Once this form is completed, please notify the Company by email at: hello@crushshop.fr