Any online purchase made on the website www.chouetteparis.com is subject to the knowledge of these general conditions of use and sale and implies their acceptance without reservation.
Article : This term designates the products developed and marketed by DREAM LAB .
Customer : natural person who is not a trader and who has full legal capacity and who places the Order.
Order: commitment to purchase the Article or all of the Articles selected by the Customer via the Site.
Site: website published by DREAM LAB at the address www.chouetteparis.com.
The present general conditions of use and sale, hereafter "Terms & Conditions", shall apply exclusively, without reservation or restriction, to all orders between any Client and DREAM LAB.
whose registered office is 765 Bd des Cougourdelles 04100 Manosque, registered with the Trade and Companies Register of Manosque under the number 893 338 020 in the RCS of Manosque, hereafter "DREAM LAB".
The validation of an Order in accordance with the order procedure in force on the Site implies acceptance of the prices and Terms and Conditions of Sale.
These Terms and Conditions of Sale prevail over any other document.
3. CHARACTERISTICS OF THE ARTICLES
The Items available for sale are those that appear on the Site within the limits of available stocks. Offers are valid as long as they are visible on the Site and as long as the Customer can add the Item to his basket. DREAM LAB reserves the right to withdraw from sale, at any time and without prior notice, any Item present on the Site and/or to replace or modify any information associated with the Items appearing on the Site.
In the event of unavailability of an Article, after placing an Order, the Customer shall be informed by email, and the order shall then be automatically cancelled.
The characteristics of the Items (photographs, graphics, descriptions of the Items, etc ...) are given as an indication and may vary over time. Only the visual of the Article displayed at the time of the Order must be taken into account by the Customer. The characteristics and visuals are non-contractual.
In the event of errors or omissions relating to the description of an Article, DREAM LAB's liability is limited to the reimbursement of the standard return costs (postal rate) of the Article incurred by the Customer.
4. ORDERING THE ITEMS
The Customer declares that he is at least 18 years old and has legal capacity, or if he is a minor, guarantees that he has parental authorization to place his Order. To place an Order, the Customer must follow the online purchase process and click on "Order" to submit the Order. The validation of the Order by the Customer shall be deemed to be confirmation of acceptance of the Terms and Conditions of Sale, the content of the Order, its price and the associated fees.
Any Order is subject to DREAM LAB's prior acceptance and shall be definitively confirmed only after the Customer has received a confirmation email. of the Terms and Conditions of Sale, the content of the Order, its price as well as the associated costs.
Conditions of use of the plans: Minimum commitment of 2 months. In case of cancellation of a formula before the first two months, the customer is indebted for the remaining amount corresponding to the minimum commitment. Subscriptions can be cancelled at any time after the minimum commitment period and upon simple request by writing to email@example.com. The amounts already drawn down are not refundable. The returns and exchanges of products are done according to the Chouette Paris' terms & conditions. Promo codes are not applicable on subscriptions unless otherwise stated.
5. ITEM PRICES
The prices are indicated on the Site in euros, all taxes included (TTC), excluding participation in processing and shipping costs. They take into account the VAT and any reductions applicable on the day of the Order.
The prices of the Products are exclusive of delivery costs (postage, packaging and packing of the package according to the amounts in force).
The amount of the shipping costs is specified on the Site before validation of the Order.
DREAM LAB reserves the right to modify the prices of the Items at any time, and the Items will be invoiced on the basis of the prices in effect at the time of the validation of each Order. The price of the Items invoiced is therefore the price indicated at the time of the Order. Concerning sales outside the European Union, the Customer is expressly reminded that customs clearance fees and the payment of various duties and taxes are at the Customer's expense.
6. PAYMENT OF THE ORDER
The Order is payable immediately by credit card (CB, Visa, MasterCard, American Express) or by Paypal.
Concerning sales outside the European Union, it is reminded that customs clearance costs, payment of various duties or taxes are the responsibility of the Customer. The transactions carried out on the Site are secured for the entry of payment data: card number, expiry date and visual cryptogram.
7. TERMS OF DELIVERY
The Customer shall receive an Order number by e-mail confirming that the Order has been properly processed and shall be informed of the various stages of the Order by e-mail (to the e-mail address provided by the Customer). The Items ordered will be delivered within a period of time defined when the Order is finalized, without however being able to exceed thirty days as from the registration of the Order, subject to full payment of the price. The Customer is offered several delivery methods chosen by the Customer and at the Customer's expense. Shipping costs for France are offered for all Orders over 60 euros. The Customer is informed that it is his responsibility to provide the details necessary for the proper routing of his Order (Access Code for example).
If the delivery address provided by the Customer is not valid and therefore leads to the package being returned to the address indicated, the costs of resending the package to the new address transmitted shall be borne by the Customer.
8. DELIVERY TIMES
The Articles are delivered to the delivery address indicated by the Customer at the time of the Sales Order at the latest on the date indicated at the time of the Sales Order, depending on the country of delivery. Each delivery is deemed to be made as soon as the package is made available to the Customer, in particular by the carrier, as evidenced by the control system used by the carrier. DREAM LAB shall not be liable for late delivery due to unavailability of the Customer after several proposals for appointments by the carrier.
9. RETURN - RIGHT OF WITHDRAWAL
In the event of delivery of an Article that does not correspond to the Customer's Order, the Customer may return said Article to DREAM LAB by following the procedure set forth below. The Customer has the right to cancel its order at any time within 14 calendar days following the date on which it received the products, without having to justify its reasons or pay any penalties. Beyond this period, the sale is considered firm and therefore final. If the Customer wishes to use his right of retraction, he must contact the customer service at the address and follow the instructions that will be given to him. No return will be accepted without the customer service having been contacted beforehand and a return agreement having been formulated.
After acceptance of the return by DREAM LAB, the Customer must proceed with the shipment of the Article(s) within seven calendar days following the date of acceptance. The Article(s) must be returned to DREAM LAB by the Customer in its original condition, presentation and packaging, new and complete, and by a means of delivery that ensures its protection and maintains its perfect condition. Items returned incomplete, damaged, used, damaged or soiled by the Customer shall not be taken back. DREAM LAB reserves the right to waive the Customer's right of withdrawal for returned unsealed Items for reasons of hygiene and security. The return of Items is at the Customer's expense and risk. Once the returned Items have been checked, DREAM LAB undertakes to reimburse the Customer for the full amount paid for the Order as soon as possible and within thirty (30) calendar days at the latest, including delivery costs (based on the standard delivery rate) following the date of receipt of the return package.
In accordance with the legal provisions in force, the Customer benefits from the legal guarantee of conformity against defects of conformity existing at the time of delivery and the legal guarantee against defects or hidden defects of the Articles sold. The Customer must notify the carrier and DREAM LAB of any reservations on the delivered Items. Any claim on the Items, in particular in case of defective, damaged, non-compliant or apparent defect, must be notified by the Customer to DREAM LAB without delay by e-mail to the contact details appearing on the Site, specifying the Item(s) concerned, the nature and type of defect. It is the Customer's responsibility to provide all probative evidence of the reality of the defect observed. DREAM LAB may request one or more photos of the Product. In case of return accepted by DREAM LAB, in particular in case of lack of conformity, the Customer shall have the choice between reimbursement or replacement of the Article by an equivalent Article offered by DREAM LAB.
The warranty of all our items is a manufacturer or importer warranty. It is limited to the replacement or refund of the defective item. DREAM LAB's liability and warranty are excluded in the event of a defect resulting from the use of the Product by the Customer and in particular from use not in accordance with the use for which the Product is intended.
Reminder of the applicable legal provisions:
Art. L. 211-4 of the Consumer Code: "The seller is required to deliver goods in conformity with the contract and is liable for defects in conformity existing at the time of delivery. He is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter was charged to him by the contract or was carried out under his responsibility. »
Art. L. 211-5 of the Consumer Code: "To be in conformity with the contract, the good must: 1° Be fit for the use usually expected of a similar good and, where applicable: a) correspond to the description given by the seller and possess the qualities that the seller has presented to the Customer in the form of a sample or model; b) present the qualities that a Customer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling. 2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Customer, brought to the knowledge of the seller and accepted by the latter. »
Art. L. 211-7 of the Consumer Code: "Defects of conformity which appear within six months of delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. The seller may rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. »
Art. L. 211-7 of the Consumer Code: "If repair and replacement of the good are impossible, the buyer may return the good and have the price refunded or keep the good and have part of the price refunded. The same faculty is open to him:
1° If the solution requested, proposed or agreed in application of article L. 211-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be implemented without major inconvenience for the purchaser, given the nature of the goods and the use he is seeking. However, the sale may not be rescinded if the lack of conformity is minor. »
Art. L. 211-12. of the Consumer Code: "The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods. »
Art. 1641 of the Civil Code: "The seller is bound by the warranty 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 Customer would not have acquired it, or would only have paid a lower price for it, if he had known about them. »
Article 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. »
11. CONVENTION ON PROOF
The Customer acknowledges and accepts that the Order recording systems are proof of all transactions between DREAM LAB and the Customer.
DREAM LAB reserves the right to modify at any time and without notice the information on the Site.
DREAM LAB undertakes to describe with the greatest possible accuracy the Items marketed on the Site and to ensure that the information published on the Site is updated under the best possible conditions. However, DREAM LAB cannot guarantee the accuracy, precision or completeness of the information made available to Clients on the Site. DREAM LAB shall not be liable for any non-substantial differences between the presentation photos of the Articles on the Site, texts and illustrations and the Articles ordered.
DREAM LAB may not be held liable in the event of failure to comply with one of its contractual obligations resulting from a fortuitous event or a case of force majeure as defined by the case law of the French courts.
In particular, DREAM LAB shall not be held liable for any non-performance or delay in the performance of Orders caused by events beyond its control ("Force Majeure").
Likewise, DREAM LAB shall not be held liable for damages of any kind, whether material, immaterial or corporal, which may result from the misuse of the products marketed.
13. INTELLECTUAL PROPERTY
The logos or any other information, texts, photographs, graphics and other documents on this site are the property of DREAM LAB or are authorized with the authorization of their owners, and are subject to copyright and other intellectual property rights.
Any reproduction, copy, imitation, modification, adaptation or public representation, even partial, is prohibited and constitutes an infringement. Any creation of hypertext links to the home page of the Site, or any other page of the Site, is strictly prohibited and subject to the prior written consent of DREAM LAB.
15. MODIFICATION OF THE TERMS AND CONDITIONS
DREAM LAB reserves the right to modify these T&Cs at any time. The new Terms and Conditions of Sale shall, where applicable, be brought to the Customer's attention by online modification and shall be applicable only to sales made after the modification.
16. APPLICABLE LAW
The present Terms and Conditions of Sale are subject to French law. Any dispute shall be subject to the exclusive jurisdiction of the French courts of the Customer's place of residence, in the absence of prior amicable agreement between the Customer and DREAM LAB.
17. PARTIAL INVALIDITY
If one or more provisions of these Terms and Conditions are declared invalid pursuant to a law, a regulation or following a final court decision, the other provisions shall retain their full force and scope.
No silence or delay, tolerance or inaction on the part of DREAM LAB shall be construed as a waiver of its rights under the TOS.
19. MANDATORY LEGAL INFORMATION
It is reminded that the secrecy of correspondence is not guaranteed on the Internet network and that it is up to each Internet user to take all appropriate measures to protect their own data and/or software from contamination by possible viruses circulating on the Internet.
19.1. PERSONAL DATA
All of your account information is used only in connection with your business relationship with DREAM LAB and is never shared with third parties or resold. Your banking information is never in our possession. Transactions are fully processed by STRIPE.
Corporate name: DREAM LAB
Legal form: SARL / RCS number 893338020
Director of Publication: Julie Le Bacquer in her capacity as legal representative of DREAM Lab
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