General terms and conditions of sale

PREAMBLE

The present general conditions of sale apply between Les Mouettes Vertes, with a capital of 35 000 Euros registered in the Paris Trade and Companies Register under the number 480 660 323.

Hereinafter referred to as "the Company",

And

Any individual or company requesting the services of Les Mouettes Vertes https://lesmouettesvertes.fr/

Hereinafter referred to as " the Buyer".

The present conditions aim to define the terms of online sales between the Company and the Buyer. They regulate all the steps necessary for the placing of the order and ensure the follow-up of this order between the contracting parties.

ARTICLE 1 : PRICES

The prices of the goods sold are the prices in effect on the day the order is taken. These prices are indicated in euros and calculated without taxes. The prices indicated on an estimate are valid for one month.

The rates proposed on the quotation do not include discounts and rebates that the Company would have to grant in a contractual framework.

No discount will be granted for early payment.

ARTICLE 2 : REGULATION OF DIGITAL MODEL WITH VECTORIZED LOGO

Upon acceptance of the quotation, a digital mock-up for the Buyer will be designed to accurately reproduce the products and services that will be subsequently manufactured by the Company. A vectorized visual in PDF or Ai format, or a logo in JPEG 15×15 300 dpi format will be required to produce the mock-up.

The company can propose a service of logo vectorization at the rate of 50€ HT. Any modification of the digital model, after approval by the buyer, will involve a fee of 70€ HT.

ARTICLE 3: DEVELOPMENT OF A VALIDATION SAMPLE

For any custom development project, a sample is made and given to the Buyer for validation. Any additional sample, following changes requested by the Buyer, will be charged 70€ HT.

In case of abandonment of the project, each sample sent to the Buyer will be charged 70€ HT.

ARTICLE 4: COMPLIANCE

The merchandise intended for the buyer must conform to the sample provided prior to production. However, the Company cannot be held responsible for color variations on undyed natural textiles.

The dimensional characteristics of the products are subject to a tolerance of plus or minus 2.5% compared to the contractual dimensions.

Different washing instructions apply depending on the type of textile and the finish. Shrinkage of the fibers can therefore not be considered as a non-conformity. 

ARTICLE 5: DELAY AND MODIFICATION OF DELIVERY

The delivery time indicated during the registration of the order is given only as an indication because subject to the conditions of the carrier which do not offer a strict guarantee. Consequently, any reasonable delay in the delivery of the products will not give rise to the benefit of the purchaser to :

Any change of delivery or billing address by the Buyer less than 72 hours before the scheduled delivery date will be charged fifteen euros.

Any new delivery due to an absence of the Buyer will be invoiced according to the carrier's rate at the actual rate.

ARTICLE 6: TRANSFER OF RESPONSIBILITY AND ACCEPTANCE OF DELIVERY

The transfer of responsibility depends on the incoterm chosen for the project, and takes place at the latest upon receipt of the goods by the Buyer.

It is particularly recommended to keep the goods in a cool and airy place, away from light. It is also essential to remove any plastic packaging (transport film) that would be detrimental to the conservation quality of the products.

ARTICLE 7: RETURN OF GOODS

In the event of missing or damaged goods during transport, the buyer will have to formulate all the necessary reserves on the purchase order with reception of the aforementioned goods. These reservations must be confirmed in writing within 48 hours of delivery. After this period, the delivery will be deemed irrevocably accepted by the Buyer.

Items not conforming to the request are returned to the Company.

In case of problem, the products will be returned within 7 days. Printed textiles will not be taken back in the event of a delay on the part of the carrier. However, if a production delay prevents the Buyer from having the products for a scheduled event, the Company will refund the entire order. Below are the cases of return and non-return.

Here are the situations of possible returns on textiles:

Sizes:

The Company takes over :

- if there is a size mismatch between the demand and the textiles received.

Do not repeat:

- if there is a discrepancy between the expectation of a size and the actual size of the textile; on the product sheets, the size guide is available, with precise measurements.

Colors :

The Company takes over :

- if there is a color error between the request and the goods received.

Do not repeat:

- if there is a discrepancy between the expectation of a color and the actual color of the textile.

Damaged products :

The Company takes over :

- if the products have significant loose areas,

- if the products are torn,

- if the products have indelible stains.

Do not repeat:

- if the products have insignificant or washable stains,

- if wires are protruding.

In the above cases, the Buyer shall return the defective products and the Company shall send back conforming ones at its expense as soon as possible. For any other situation, the Company will study the request and try to adopt the most just position.

Printing colors :

The Company takes over :

- if there are big differences in colors between the print and the proof.

Do not repeat:

- If there are slight differences in tone between the colors seen on the file and the rendering on the textile.

Printing error :

The Company takes over :

- if it has made a spelling mistake, while the Buyer's file does not contain one,

- if areas of the visual are not printed,

- if there are spots that have nothing to do with the visual,

- in the case of iron-on prints, if areas are detached,

- in general, if there is a significant time lag between the proof of delivery and production.

Do not repeat:

- if the prints do not correspond to the expectations, but are in conformity with the previously validated proof.

ARTICLE 8 : E-COMMERCE SALES

The products offered for sale in e-commerce by the Company are those listed on the site on the day of consultation of the site by the Buyer.

In case of error on the availability of a product ordered, the Company informs the Buyer by e-mail as soon as possible. The Buyer will have the possibility to replace the product by another one of an equivalent quality and price, or to cancel the order.

The products offered for sale are described and presented with the greatest possible accuracy. In case of error or omission in this presentation, the Company cannot be held responsible. The photographs and texts illustrating the products are only indicative and do not enter the contractual field.

The prices displayed, depending on the operation, may change depending on the total number of orders on an item.

The prices displayed on the site are indicated in euros excluding taxes and euros including all taxes. If the VAT rate was to be modified, these changes could be reflected on the price of the articles without preliminary information. The article 1 of these CGV is applicable to the e-commerce sales.

Any order implies express and irrevocable acceptance, by the Buyer, of the prices of the ordered articles at the time of this said order.

After validation of the order, the Company sends the Buyer an e-mail confirming the order.

The ordered products are sent to the delivery address indicated by the Purchaser when placing the order.

Articles 8 to 11 apply to e-commerce sales in the context of delivery.

ARTICLE 9 : PERSONAL DATA

The Company undertakes to respect the confidentiality of the personal data communicated by the Buyer on the site as well as on any other means of communication used when placing an order and to process them in compliance with the General Data Protection Regulation. In accordance with the latter, the Buyer may exercise his right of access to the file, his right of opposition and his right of rectification or deletion for the information concerning him by sending his request by e-mail to the address contact@lesmouettesvertes.fr or by post to the address Les Mouettes Vertes, 19 rue d'Hauteville, 75010 Paris.

ARTICLE 10: INTELLECTUAL PROPERTY

All elements of the Site as well as the various digital models are protected by copyright, trademarks or patents. They are the exclusive property of the Company.

ARTICLE 11: CONDITIONS AND DELAY OF PAYMENT

The payment of the orders can be carried out by transfer, bank card, check or SEPA direct debit. The due date for payment is indicated on the quotation or the order confirmation given to the customer.

In the event of total or partial non-payment, Buyer shall pay to the Company a late payment penalty equal to three times the legal interest rate in effect on the date of delivery of the goods.

As of January 1, 2015, the legal interest rate will be revised every 6 months (Ordinance No. 2014-947 of August 20, 2014).

This penalty is calculated on the amount including VAT of the sum still due, and runs from the due date of the price without any prior notice of default being necessary.

In addition to the late payment penalties, any sum, including the deposit, not paid on the due date will automatically give rise to the payment of a fixed penalty of 40 euros due for collection costs (Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code).

If within fifteen days from the due date of the invoice the Buyer has not paid the remaining sums due, the sale will be automatically cancelled and may give right to the allocation of damages to the benefit of the company Les Mouettes Vertes.

ARTICLE 12: FORCE MAJEURE

The responsibility of the company Les Mouettes Vertes could not be implemented if the non-execution or the delay in the execution of one of its obligations described in the present general conditions of sale results from a case of force majeure. In this respect, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.

ARTICLE 13: APPLICABLE LAW AND JURISDICTION

The present general conditions of sale are executed and interpreted in accordance with French law. In the event of a dispute, the Buyer agrees to contact the Company as a priority in order to attempt to resolve amicably any dispute that may arise between the parties. In the absence of conciliation, the French courts will have exclusive jurisdiction.

ARTICLE 14 : MODIFICATIONS OF THE GENERAL CONDITIONS OF SALE

The Company reserves the right to adapt or modify at any time the present general conditions of sale.

Any changes to the general terms and conditions of sale are not retroactive to previous orders.

Done in Paris, on 10/06/2021.