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Terms of Sales
The site www.minutepapillon.com (the "Site") is published by the company CATHY MOREAU CREATION, registered with the RCS of Paris under number B 345 164 073 (88B07522), whose head office is located at 34 rue Lecourbe 75015 paris. (“MINUTE PAPILLON” or “us”).
By placing an order on the Site: you acknowledge that you have full capacity to commit to these general conditions of sale (the "GTC"); and you unreservedly accept the T & Cs and you agree that all deliveries and offers by MINUTE PAPILLON are made exclusively on the basis of these T & Cs.
We reserve the right, at any time, to periodically modify, change or update these GTC. You must accept the changes before any subsequent orders.
We advise you to take and keep a copy of the GTC the day you register on the Site and the day you place an order.
ARTICLE 1 - COMPANY & MENTIONS LEGAL
The Site is edited by: - The company MINUTE PAPILLON, a simplified joint stock company with capital of 103,555 €, with the intra-community VAT number FR48504330754 and the RCS registration number of Paris: 504 330 754, whose head office is located at 111 bvd Beaumarchais -75003 Paris Tel: +33 (0) 1 42 77 00 33 Email: hello@minutepapillon.com Director of publication: Philippe Moreau The hosting of the store is provided by the company 772424.com Profileo SAS Headquarters: Chemin du Petit Cabri - Le Tholonet 13100 AIX-EN-PROVENCE Telephone number: 0805 690 122 At any time, Customers can contact MINUTE PAPILLON customer service using the contact details specified in article 12.
ARTICLE 2 - FIELD APPLICATION
The GTC define the rights and obligations of the parties within the framework of the distance selling of the products offered by MINUTE PAPILLON to Customers (on the Site, in the catalog, etc.), excluding other sales made in particular in stores which are governed by the general conditions concerned. Any registration on the Site, use of the Site or placing an order, whether on the Site or by any other means of remote communication (telephone, etc.) constitutes acceptance of the GTC by the Customer. MINUTE PAPILLON reserves the right to modify the T & Cs at any time and without notice, it being specified that only the T & Cs in force on the date of use of the Site and / or the Customer placing an order will apply. The fact, for MINUTE PAPILLON, of not availing itself of any provision of the T & Cs cannot be interpreted as a waiver to invoke it subsequently.
ARTICLE 3 - PRODUCTS
3.1. General:
The products sold by MINUTE PAPILLON comply with the French regulations in force. They are described as precisely as possible (product sheets, photographs, etc.). The photographs used by MINUTE PAPILLON to present the products have no contractual value. If necessary, the Customer is invited to contact MINUTE PAPILLON customer service to obtain any useful clarification. 3.2. Availability: The products are marketed within the limits of available stocks. If stocks are exhausted, MINUTE PAPILLON will endeavor to indicate this clearly and to make it impossible to purchase the product concerned. Despite all the precautions taken, it may exceptionally be that an ordered product is no longer available. In such a case, MINUTE PAPILLON undertakes to immediately inform the Customer and, if applicable, to reimburse him for all the sums paid using the same means of payment as that previously used by the Customer.
ARTICLE 4 - ORDERS
4.1. Selection of products and verification of the basket:
After having read the products offered by MINUTE PAPILLON and having contacted MINUTE PAPILLON customer service, if necessary, the Customer is invited to add one or more products in his virtual basket. A summary of his order is then offered to him (product reference, quantities, unit price, price including VAT, etc.) so that he can, if necessary, modify his order before completing it. On this occasion, MINUTE PAPILLON informs the Customer of the authorized means of payment, of the delivery terms, of the option he has to return the products ordered within 14 days of the date of their delivery…
4.2. Identification, address and delivery method:
Once their order has been verified, the Customer is invited to: (i) identify themselves using their MINUTE PAPILLON or Paypal identifiers or by completing the mandatory fields if they decides to continue his order without registration; (ii) choose or enter their billing and delivery addresses; (iii) select the product delivery terms (times, mode, price, etc.) from the options offered.
4.3. Payment and confirmation of the order:
Finally, the Customer (i) is informed that his order implies an obligation of payment and that the personal data necessary for the execution of his order and the GTC are collected by MINUTE PAPILLON (ii) chooses a method of payment among those offered, (iii) accepts the GTC and (iv) proceeds to payment. The Customer can also (v) choose or not that personal data concerning him be collected and processed by MINUTE PAPILLON under the conditions of article 11. A confirmation message summarizing the essential characteristics of his order and containing (or him allowing to download or print) the GTC is then sent to him (failing this, the Customer is invited to contact the customer service of MINUTE PAPILLON). 4.4. Order by telephone: After having fully understood all the essential characteristics of the products marketed by MINUTE PAPILLON and these general conditions of sale listing all of its rights, the Customer is invited to select and tell MINUTE PAPILLON the or the products he intends to order (reference number, colors, etc.), to send him all the information useful for the execution of his order (contact details, delivery address, etc.) then to pay for his order using the one of the payment methods offered. A confirmation message will then be sent to him under the conditions set out in article 4.3 above. MINUTE PAPILLON reserves the right to refuse any order on condition of justifying legitimate reasons, in particular when the quantities purchased are abnormally high for a consumer or in the event of a dispute concerning the payment of a previous order.
ARTICLE 5 - PRICE AND PAYMENT
5.1. Price:
The price of the products is mentioned in euros, all French taxes included (French VAT and other applicable taxes), excluding delivery costs which are notified to the Customer when he places an order. In the event of a change in the VAT rate, the price will automatically be changed without notice other than the due date of the new rate. For orders exempt from VAT, the provisions of the General Tax Code will apply. MINUTE PAPILLON may organize various promotional operations, in particular in the form of announcements of price reductions in the context, in particular, of private sales or sales. Price reductions are established in relation to reference prices which generally correspond to the prices offered to current customers outside the reduction period in question, i.e. to Customers who do not have a customer account with MINUTE PAPILLON and therefore do not receive a personalized invitation to participate in the promotional operation. MINUTE PAPILLON reserves the right to modify its prices at any time. The products will be invoiced on the basis of the prices in force at the time of the validation of the order. In the event that an abnormally low price is indicated due to a technical or human error, MINUTE PAPILLON reserves the right to ask the Customer to supplement the price already paid or to allow him to cancel his order. by reimbursing it for all the sums already paid.
5.2. Payment:
Payment for orders is only made online by credit card (Visa, Mastercard and American Express), by Paypal and by telephone, using one of the payment methods offered. MINUTE PAPILLON uses the services of Paypal which ensures the secure transmission, by means of SSL protocol, of bank card numbers. Exceptionally, MINUTE PAPILLON reserves the right to suspend an order and to ask its Customers for any additional useful information in order to guarantee the absence of fraudulent use of a means of payment. MINUTE PAPILLON also reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order. The products ordered remain the property of MINUTE PAPILLON until full payment.
ARTICLE 6 - DELIVERY
6.1. Delivery methods:
When ordering, Customers are invited to choose from the delivery methods offered by MINUTE PAPILLON. The carrier may contact the Customer to inform him of a delivery date and / or to make an appointment. Any shipment of an order will be notified by MINUTE PAPILLON to the Customer by sending an email allowing, if necessary, to follow the delivery. Delivery will be deemed to have been made when the Customer or a third party designated by him, and other than the carrier offered by MINUTE PAPILLON, takes physical possession of the product.
6.2. Delivery costs:
The delivery costs are indicated in € TTC and are the responsibility of the Customers. These costs may vary depending on the weight, volume, nature of the products as well as the carrier, the delivery method and the place of delivery. Delivery costs are notified to Customers when they order.
6.3. Delivery locations:
Deliveries can be made to mainland France, Corsica, Monaco and internationally (unless otherwise specified on the Site or on any other medium in the case of unserved geographical areas ). Deliveries are made either to the address provided by the Customer or to the collection point selected by the Customer.
6.4. Delivery times:
As a general rule, delivery times are between 48 and 72 hours for metropolitan France, Corsica and Monaco and 2 to 7 days outside these territories. However, it is clearly specified that these deadlines are given only as an indication and cannot be binding on MINUTE PAPILLON. The delivery of several products from the same order can be fragmented (the Customer will be informed by email). In the event of late delivery, the Customer may cancel his order, by registered letter with acknowledgment of receipt or in writing on another durable medium addressed to MINUTE PAPILLON customer service, if, after having instructed MINUTE PAPILLON, according to the same terms, to deliver or provide the service within a reasonable additional time, MINUTE PAPILLON has not performed within this time. In such a case, the order will be considered canceled upon receipt by MINUTE PAPILLON of the letter or writing informing it of this cancellation, unless MINUTE PAPILLON has been executed in the meantime. In the event of cancellation of an order in the aforementioned forms, MINUTE PAPILLON will reimburse the Customer for all sums paid, no later than 14 days following the date of cancellation.
6.5. Apparent anomaly during delivery:
Any apparent anomaly concerning an order (number of units, state of packaging, etc.) must be indicated precisely (detailed description of the anomaly) by the Customer on the delivery slip of the carrier, in the presence of the latter. The Customer must immediately inform MINUTE PAPILLON of this, providing it with any useful evidence (photograph, description of the anomaly). An apparent anomaly is any anomaly that should normally be detected by a normally attentive and informed consumer. Otherwise, the products will be deemed to have been delivered free from any apparent anomaly. It is therefore up to the Customer to preserve his rights vis-à-vis the carrier under the conditions provided for in Article L.133-3 of the Commercial Code (reasoned confirmation of the anomaly to the carrier by sending a registered letter within 3 days, not including public holidays, following the day of receipt of the products concerned.
ARTICLE 7 - GUARANTEES
All products sold remotely benefit from the legal guarantee of conformity and the legal guarantee against hidden defects under the conditions of articles L.217-4 and following of the Consumer Code and 1641 of the Civil Code as well as, if applicable , the manufacturer's contractual guarantee integrated into the purchase price of the product. When acting as a legal guarantee of conformity, Customers: - benefit from a period of 2 years from the delivery of the goods to act; - can choose between repair or replacement of the good, subject to cost conditions provided for in Article L.217-9 of the Consumer Code; - are exempt from providing proof of the existence of the lack of conformity of the good during the 24 months following the delivery of a new good and the 6 months following the delivery of a used good. In addition, it is also recalled that: - The legal guarantee of conformity applies regardless of any commercial guarantee granted; - Customers may decide to implement the warranty against hidden defects of the item sold provided for in Article 1641 of the Civil Code and can thus choose between rescinding the sale or reducing the sale price in accordance with Article 1644 of the Civil Code. 7.1. Legal guarantee of conformity (content): "Article L.217-4 of the Consumer Code: The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility. Article L.217-5 of the Consumer Code: The good complies with the contract: 1 ° If it is suitable for the use usually expected of a similar good and, if 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 attention of the seller and which the latter has accepted. Article L.217-9 of the Consumer Code: In the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the goods 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. Article L.217-10 of the Consumer Code: If the repair and replacement of the good are impossible, the buyer can return the good and have the price returned or keep the good and have part of the price returned. The same option is open to him: 1 ° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2 ° Or if this solution cannot be without major inconvenience for the latter taking into account the nature of the good and the use he seeks. The resolution of the sale cannot however be pronounced if the lack of conformity is minor. Article L.217-12 of the Consumer Code: Action resulting from lack of conformity lapses two years after delivery of the goods. "7.2. Guarantee against hidden defects in the item sold (content): "Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden faults in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them. Article 1642 of the Civil Code: The seller is not liable for apparent defects of which the buyer has been able to convince himself. Article 1644 of the Civil Code: In the case of articles 1641 and 1643, the buyer has the choice to return the item and have the price returned, or to keep the item and have part of the price returned. Article 1646 of the Civil Code: If the seller was unaware of the defects of the thing, he will only be required to return the price, and to reimburse the purchaser for the costs incurred by the sale. Article 1648 paragraph 1 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. "7.3. Terms of warranty exercise: In the event of non-compliance or hidden defect of the product, the Customer is required to address their complaint to Merci customer service. In the event of a return of a product, the Customer is invited to follow the procedure described in article 9. The exercise of these guarantees takes place at no cost to the Customer, in accordance with article L.217-11 of Consumer Code, on the condition, however, that the latter is justified in requesting the benefit of these guarantees. Attention: Customers are informed that: - They may be required to provide proof of the non-conformity of the product concerned when its nature or the lack of conformity invoked so requires, - MINUTE PAPILLON regularly carries out tests relating to conformity of the products sold and the proof of conformity of the batches analyzed, which are kept in the premises of MINUTE PAPILLON, may, if necessary, be opposed to the Customers. In the event that MINUTE PAPILLON would notice an abusive or bad faith use of the legal guarantee of conformity or hidden defects (abnormally high frequency of use, returned product not corresponding to the product purchased, product returned late and in manifest condition. depreciated, non-conformity of a product which clearly results from inappropriate use by the Customer ...), MINUTE PAPILLON reserves the right to give notice to the Customer to present, within eight (8) days, its observations on the grievance reproached. In the absence of a response or in the absence of a satisfactory response, MINUTE PAPILLON reserves the right to invoice the Customer for compensation proportional to the management costs made necessary to process an abusive or bad faith request.
ARTICLE 8 - WITHDRAWAL
8.1. Scope:
Customers are informed that they have the right to withdraw without giving any reason within a period which expires 14 days after the day they themselves, or a third party other than the carrier and designated by them, takes physical possession of the property.
In the case of an order for several goods delivered separately or for a good delivered in several lots or parts, this period expires on the day of taking possession of the last good / lot / part.
The day on which the order is concluded or the day of receipt of the goods is not counted within this period. If this period expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day.
8.2. Exclusion:
The right of withdrawal cannot be exercised for contracts listed in articles L. 221-2 and L. 221-28 of the Consumer Code, in particular:
- Supply of goods made according to consumer 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 a newspaper, a periodical or magazine, except for subscription contracts to these publications;
- Provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a date or at a fixed period;
- Concerning a tourist package, the use of timeshare or long-term vacation products, the transport of people.
8.3. Terms:
To exercise their right of withdrawal, Customers are invited, before the expiry of the aforementioned period, to notify their decision of withdrawal to the customer service of MINUTE PAPILLON by means of a declaration without ambiguity (ex : letter sent by post, email…). Customers can also use the procedure provided on the Site by logging into their account under the "return" tab (an acknowledgment of receipt will be sent without delay). 8.4. Return of the product: After having exercised their right of withdrawal, Customers are invited to return the product concerned to MINUTE PAPILLON - 38, Rue François 1er 92170 VANVES - France, without excessive delay and no later than 14 days after having communicated to MINUTE PAPILLON their decision to withdraw. This deadline is deemed to have been met if the goods are returned before the expiration of this deadline. The costs and risks associated with the return are the sole responsibility of the Customers.
8.5. Refund:
In the event of withdrawal, MINUTE PAPILLON will refund all payments received, including delivery costs (with the exception of additional costs arising from the fact that the Customer has chosen a delivery method other than the less costly offered by Merci) without undue delay and no later than 14 days from the day MINUTE PAPILLON was informed of the decision to withdraw (reimbursement may be deferred until MINUTE PAPILLON has received the goods concerned or until that the Customer has provided him with proof of shipment of the goods, the date chosen being that of the first of these facts). The same means of payment as that used when ordering will be used, unless the Customer expressly agrees on a different means. This reimbursement will not incur costs for Customers.
8.6. Withholding:
The responsibility of Customers who exercise their right of withdrawal may be engaged with regard to the depreciation of the property concerned resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this property. . Finally, exceptionally, on condition of justifying and informing it in advance, MINUTE PAPILLON reserves the right to invoice the Customer for compensation proportional to the management costs made necessary to deal with the abusive or bad faith exercise of the right of withdrawal (returned product not corresponding to the product purchased ...) after having given notice to present, within eight (8) days, its observations on the complaint with which it is accused and in the event that this the latter would not provide a satisfactory answer.
ARTICLE 9 - RETURN
9.1. General:
Returned products must imperatively be accompanied by all their accessories, the purchase invoice, the return slip issued by MINUTE PAPILLON on the Site or by email, perfectly protected and sent by post, at the risk and perils of the Customer, at: MINUTE PAPILLON 38, Rue François 1er 92170 VANVES France
9.2. In case of exercise of the right of withdrawal:
The products must be returned at the Customer's expense in their original packaging and in perfect condition for resale (undamaged, damaged or soiled).
9.3. In case of exercise of legal guarantees:
The products should be returned in their original packaging if possible. Depending on the evidence provided by the Customer to MINUTE PAPILLON customer service as part of the exercise of one of these guarantees, MINUTE PAPILLON may issue a prepaid voucher which will allow the Customer to return the product without have to bear the costs.
ARTICLE 10 - INTELLECTUAL PROPERTY
MINUTE PAPILLON is the owner and / or holder of a portfolio of trademarks protected and registered at the INPI as well as many domain names also registered and protected. All of these elements cannot be used in any way without their consent (which also means that links to other sites are strictly prohibited). In addition, as part of its activity, MINUTE PAPILLON is also required to distribute and / or represent and / or reproduce brands owned or held by its suppliers. All the elements relating to these brands as they appear on the Site or in communications from MINUTE PAPILLON are also protected and cannot therefore be copied without authorization. In accordance with the provisions of the Intellectual Property Code, only use for private use is authorized, subject to different or even more restrictive provisions of the Intellectual Property Code. Any infringement of these elements, whether or not they are protected by intellectual and / or industrial property law, will be immediately prosecuted (in particular criminal) and punished.
ARTICLE 11 - PERSONAL DATA
11.1. General:
MINUTE PAPILLON undertakes to process the personal data collected in accordance with the regulations in force. In this context, MINUTE PAPILLON undertakes, save as otherwise provided by law, to obtain the consent of its Customers each time it collects personal data concerning them (for example using cookies). These data are collected and processed for the purposes of customer management, loyalty and promotion, statistics, management of unpaid debts, disputes and customer reviews, etc. They are kept for the period strictly necessary for the accomplishment of these purposes and are never communicated to third parties, unless this is necessary for the execution of the GTC. The fact that a Customer does not communicate to MINUTE PAPILLON the data concerning him indicated as being obligatory may have the consequence of making any use of the Site impossible. The Customer has a right to withdraw his consent, portability, access, rectification, update and deletion of his data, which he can exercise by contacting Merci customer service.
11.2. Cookies:
A cookie is a file installed on the computer, mobile phone, tablet or any other mobile terminal when accessing the Site for the purpose of storing, collecting and reading various information relating in particular to habits browsing (eg date and place of connection, language used, number and type of pages visited, browsing preferences, etc.). MINUTE PAPILLON uses cookies to allow its Customers to browse the Site and use its functions, measure the Site's audience and for the purposes of targeted advertising. Beforehand, MINUTE PAPILLON always makes sure to obtain the consent of its Customers by means of a banner displayed on the Site.
These cookies are used by MINUTE PAPILLON for a maximum period of 13 months. Beyond this period, MINUTE PAPILLON again requests the consent of its Customers. Customers have the possibility to configure, block or delete the cookies installed on their terminals by configuring the options of their browser according to the recommendations of the CNIL available here:
https://www.cnil.fr/fr/cookies -the-tools-to-master them.
On Mozilla Firefox: Open the “Tools” menu, then select “Options”; click on the "Privacy" tab then choose the desired options or follow this link: http://support.mozilla.org/fr/kb/activer-desactiver-cookies
On Microsoft Internet Explorer : Open the “Tools” menu, then select “Internet options”; click on the “Confidentiality” tab then the “Advanced” tab choose the desired level or follow the following link: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
On Safari: Choose "Safari" & gt; “Preferences” then click on “Security”; In the "Accept cookies" section choose the desired options or follow this link: http://support.apple.com/kb/index?page=search&fac=all&q=cookies%20safari
On Google Chrome: Open the configuration menu (wrench logo), then select “Options”; click on “Advanced options” then in the “Confidentiality” section, click on “Content settings”, and choose the desired options or follow the following link: https://support.google.com/chrome/answer/95647?hl = fr
On iOs: http://support.apple.com/kb/HT1677?viewlocale=fr_FR The user can also type "cookies" in the "help" section of his browser in order to '' access the configuration instructions.
MINUTE PAPILLON is in no way responsible in any way whatsoever for the content or operation of any social networks, including those that may be linked to the Site When a Client chooses to block the installation of cookies, it is likely that he can no longer access certain terms and conditions of the Site.
ARTICLE 12 - APPLICABLE LAW - PROCESSING OF COMPLAINTS - LIABILITY
12.1. Applicable law:
the GTC are fully governed by French law. 12.2. Customer service: Customers can contact MINUTE PAPILLON customer service at any time by telephone on +33 (0) 1 46 38 23 75 (Monday to Friday from 10 a.m. to 6 p.m.), by email by writing to hello @ minutepapillon.com or by post to MINUTE PAPILLON 38, Rue François 1er 92170 VANVES. 12.3 Failure by the Client: Failure by the Client to comply with the obligations provided for in the GTC (in particular in the event of fraud or attempted fraud or any payment incident) may result in the suspension of access to the Site, or even termination of the Client's account depending on the degree of seriousness of the acts in question, without prejudice to any damages that Merci may claim. 12.4. Responsibility of MINUTE PAPILLON: Unless otherwise provided by law in public order, MINUTE PAPILLON can not be held responsible for indirect damage caused by its fact or products sold at a distance or damage of any kind resulting from the unavailability of the Site. MINUTE PAPILLON will also be exempt from all or part of its liability in the event that it justifies that the alleged damage was caused by the act of the victim, a third party or in the event of force majeure as defined by article 1218 of the Civil Code. In addition, the parties recognize that the following events will be automatically assimilated to cases of force majeure as soon as they reasonably escape the control of MINUTE PAPILLON and despite the fact that they do not meet all the conditions retained by the case law: strikes (announced or not) affecting the performance, by MINUTE PAPILLON and / or its own suppliers, of their contractual obligations, the contractual non-performance on the part of MINUTE PAPILLON resulting from the fact of its suppliers (delay in delivery of the supplier, etc.) or its carriers (delay, loss of merchandise, etc.), the lockout, difficult weather conditions (frost, bad weather, etc.) as well as any event beyond the control of MINUTE PAPILLON which makes it impossible or calls into question the financial balance existing on the day the order is placed.