ARTICLE 1 – SCOPE OF APPLICATION
The present General Conditions of Sale apply, without restriction or reserve, to all sales concluded by Margot BELLON – trade name “MARGOT LEATHERCRAFT” (“the Vendor”) with consumers and non-professional buyers (“the Customer(s)”), wishing to acquire the products offered for sale by the Vendor (“the Products”) on the Internet site www.margotleathercraft.fr.
They specify in particular the conditions of order, payment, delivery and management of possible returns of the Products ordered by the Customers.
These General Terms and Conditions of Sale may be supplemented by special conditions, stated on the website, before any transaction with the Customer.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible at any time on the website www.margotleathercraft.fr and will prevail, if necessary, over any other version or any other contradictory document.
These General Terms and Conditions of Sale may be subject to subsequent changes, the version applicable to the Customer’s purchase is the one in force on the website at the date of placing the order.
The modifications of these General Conditions of Sale are opposable to the users of the Internet site www.margotleathercraft.fr as from their on-line publishing and cannot apply to the transactions concluded previously.
ARTICLE 2 – PRODUCTS OFFERED FOR SALE
The products offered for sale on the website www.margotleathercraft.fr include, but are not limited to, leather goods (handbags, wallets, card holders, belts and other fashion accessories for men, women, children and animals), saddlery (horse riding equipment) and jewelry.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website www.margotleathercraft.fr.
The Customer is required to read them before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the Internet site www.margotleathercraft.fr are not contractual and cannot engage the responsibility of the Vendor.
The Customer must refer to the description of each Product in order to know its properties, essential characteristics and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.
The contractual information is presented in French and English and is subject to confirmation at the latest at the time of validation of the order by the Customer.
The Products presented on the website www.margotleathercraft.fr are offered for sale in the following territories: Metropolitan France, DOM-TOM and European Union countries.
In case of order towards a country other than metropolitan France, the Customer is the importer of the concerned Products.
For all Products shipped to DOM-TOM, the price will be calculated without taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be due. They will be charged to and are the sole responsibility of the Customer.
ARTICLE 3 – VALIDITY OF THE PRODUCT OFFER
Product offers are subject to availability, as specified when the order is placed.
ARTICLE 4 – SELLER’S CONTACT DETAILS
The coordinates of the Vendor are the following ones:
- Mrs Margot BELLON
- MARGOT LEATHERCRAFT
- RCS Evreux n°884.796.376
- 26, Rue de la Forêt
- 27930 AVIRON
- contact@margotleathercraft.fr
- 06.49.45.29.66
In accordance with the French Data Protection Act of January 6, 1978, reinforced and completed by the RGPD (General Data Protection Regulation) which came into force on May 25, 2018, the Customer has, at any time, a right of access, rectification, opposition, deletion and portability of all his personal data by writing, by mail and proving his identity, to the address of the Seller, mentioned above.
The validation of the order by the Customer implies acceptance without restriction or reservation of these General Terms of Sale.
The Customer acknowledges having the capacity required to contract and acquire the Products offered on the website www.margotleathercraft.fr.
ARTICLE 5 – ORDERS
5.1 Placing an order
It is the responsibility of the Customer to select on the website www.margotleathercraft.fr the Products he/she wishes to order, according to the following procedure:
Filling of the shopping cart by the Customer from among the Products offered
Validation of the basket by the Customer
Registration/identification of the Customer on the website www.margotleathercraft.fr
Choice of address and delivery method by the Customer
Choice of the means of payment by the Customer (credit card)
Payment by the customer of his basket and delivery costs
Confirmation by e-mail to the Customer of his order and his payment.
The Customer has the possibility to check the details of his order, its total price and to correct possible errors before confirming his acceptance. It is the Customer’s responsibility to verify the accuracy of the order and to report or correct any errors immediately.
The registration of an order on the website www.margotleathercraft.fr is completed when the Customer accepts the present General Conditions of Sale by checking the box provided for this purpose and validates his order. This validation implies the acceptance of the entirety of the present General Conditions of Sale as well as the general conditions of use of the Internet site www.margotleathercraft.fr.
The sale is final only after the sending to the Customer of the confirmation of the acceptance of the order by the Seller by electronic mail, which must be sent without delay and after cashing by this one of the entirety of the price.
Any order placed, validated by the Customer and confirmed by the Vendor, under the conditions and according to the methods described above, on the Internet site www.margotleathercraft.fr constitutes the formation of a contract concluded at a distance between the Customer and the Vendor.
In the absence of proof to the contrary, the data recorded in the Seller’s computer system shall constitute proof of all transactions concluded with the Customer.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning the payment of a previous order.
The Customer may follow the progress of his order on the website www.margotleathercraft.fr.
The Seller does not intend to sell the Products on the website www.margotleathercraft.fr to professionals, but only to consumers or non-professionals, for their personal needs.
5.2 Modification of the order
The only modifications to an order that the Seller may accept are related to the change of color of a Product.
In all other cases, once the order has been confirmed and accepted by the Seller under the conditions described above, it cannot be modified.
Any changes to the order made by the Customer shall be taken into account by the Seller only within the limits of its available stocks and provided that they are notified by e-mail to the Seller at contact@margotleathercraft.fr at least the day before the order is scheduled to be shipped.
In the event that these modifications cannot be accepted by the Seller, the Customer’s initial order shall be maintained, unless the Customer prefers to receive a credit note.
5.3 Cancellation of the order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be cancelled, except in the event of the exercise of the right of withdrawal or in cases of force majeure.
ARTICLE 6 – PRICES
The Products are supplied at the prices in force appearing on the Internet site www.margotleathercraft.fr, at the time of the registering of the order by the Vendor. The prices are expressed in Euros, exclusive of tax and VAT.
The prices take into account possible reductions which would be granted by the Vendor on the Internet site www.margotleathercraft.fr.
These prices are firm and non-revisable during their period of validity, as indicated on the Internet site www.margotleathercraft.fr, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include the costs of processing, shipping, transportation and delivery, which are charged in addition, under the conditions indicated on the website www.margotleathercraft.fr and calculated prior to placing the order.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional shipping costs, as they appear at the time of the validation of the order by the Customer, are fully charged to him.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is issued by the Seller and given to the Customer upon delivery of the ordered Products.
ARTICLE 7 – PAYMENT CONDITIONS
The price is payable in full on the day the order is placed by the Customer, by secure payment, according to the following methods
by credit cards: Bank card, Visa, MasterCard, American Express, other bank cards,
The payment is irrevocable, except in case of fraud. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.
Payments made by the Customer shall be considered final only after the Seller has received the amounts due.
In addition, the Seller reserves the right, in the event of non-compliance with the above payment conditions, to suspend or cancel the delivery of orders in progress made by the Customer.
The Customer shall not be charged any additional costs beyond those incurred by the Seller for the use of a payment method.
ARTICLE 8 – DELIVERIES
The Products ordered by the Customer will be shipped within 5 working days from the confirmation of the order to the address indicated by the Customer at the time of the order on the website www.margotleathercraft.fr, with the exception of certain custom-made products for which the longer shipping time will be specified on the website www.margotleathercraft.fr.
The delivery is constituted by the transfer to the Customer of the physical possession or control of the Product.
Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above. However, these deadlines are communicated as an indication. If the ordered Products were not delivered within 20 days after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale will be able to be cancelled at the written request of the Customer under the conditions envisaged in the articles L 216-2, L 216-3 and L241-4 of the Code of the consumption. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, to the exclusion of any compensation or withholding.
In case of non-conformity of the delivered Product, the Seller undertakes to remedy it or to reimburse the Customer, as indicated in Article 11 “Seller’s liability – Guarantee”.
The Seller assumes the risks of transport and is obliged to reimburse the Customer in case of damage caused during transport.
Deliveries shall be made by the French Post Office to the address given by the Customer at the time of the order and to which the carrier can easily have access.
When the Customer has chosen a carrier, delivery shall be deemed to have taken place as soon as the Products ordered have been handed over by the Seller to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier’s responsibility to make the delivery and shall have no recourse against the Seller in the event of failure to deliver the goods transported.
In the event of a special request by the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto shall be subject to specific additional invoicing, based on an estimate previously accepted in writing by the Customer.
The Customer is required to check the condition of the products delivered. The Customer shall have a period of 15 calendar days from the date of delivery to express in writing (by sending an e-mail to the Seller at contact@margotleathercraft.fr) any reservations or claims for non-conformity or apparent defects of the Products delivered, with all the related supporting documents (in particular photos). After this period and in the absence of having respected these formalities, the Products will be deemed to be in conformity and free of any apparent defect and no claim will be validly accepted by the Seller.
The Seller shall refund or replace, as soon as possible and at its own expense, the delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in the present General Terms of Sale.
ARTICLE 9 – TRANSFER OF OWNERSHIP – TRANSFER OF RISKS
The transfer of ownership of the Seller’s Products shall be made upon acceptance of the order by the Seller, materializing the agreement of the parties on the item and on the price, regardless of the date of payment and delivery.
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto shall only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller’s risk.
ARTICLE 10 – RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the Customer has a period of fourteen days from the date of receipt of the Product to exercise his right of withdrawal from the Vendor, without having to justify his reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 8 days of the notification to the Vendor of the Customer’s decision to withdraw.
The returns are to be made in their original state and complete (packaging, accessories, instructions…) allowing their return to the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not accepted.
The right of withdrawal can be exercised online, using the withdrawal form available on the website www.margotleathercraft.fr, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other statement, unambiguous, expressing the will to withdraw.
In the event that the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs shall be reimbursed; the cost of returning the Product(s) shall be borne by the Customer.
The refund will be made within 14 days from the notification to the Seller of the decision to withdraw.
ARTICLE 11 – RESPONSIBILITY OF THE SELLER – GUARANTEE
The Products sold on the website www.margotleathercraft.fr comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Vendor benefit by right and without additional payment, independently of the right of retraction, in accordance with the legal provisions :
the legal guarantee of conformity, for the apparently defective, damaged or damaged Products or not corresponding to the order,
the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use,
under the conditions and according to the methods mentioned in the box below and defined in the appendix to these General Terms of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
It is reminded that within the framework of the legal guarantee of conformity, the Customer :
– has a period of two years from the delivery of the goods to act against the Seller;
– may choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;
– is exempted from proving the existence of the defect of conformity of the Product during the twenty-four months following the delivery of the Product.
The legal guarantee of conformity applies independently of the commercial guarantee that may cover the Product.
The Customer may decide to implement the warranty against hidden defects in accordance with Article 1641 of the Civil Code; in this case, he/she may choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
In order to assert his rights, the Customer shall inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 15 calendar days from the delivery of the Products or from the discovery of the hidden defects within the above-mentioned periods and return the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions…).
The Seller will reimburse, replace or repair the Products or parts under warranty that are judged to be non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts.
Refunds for Products found to be non-conforming or defective will be made as soon as possible and at the latest within 14 days of the Seller’s finding of the non-conformity or hidden defect.
Refunds shall be made by crediting the Customer’s bank account or by bank check sent to the Customer.
However, the Vendor shall not be held liable in the following cases
non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
in case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.
The Seller’s warranty is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
ARTICLE 12 – PROTECTION OF PERSONAL DATA
Pursuant to Law 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer is necessary for the processing of the order and the preparation of invoices, in particular.
This data may be communicated to any of the Seller’s partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the website www.margotleathercraft.fr meets the legal requirements for the protection of personal data, the information system used ensuring optimal protection of such data.
The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him.
This right can be exercised under the conditions and according to the methods defined on the website www.margotleathercraft.fr.
ARTICLE 13 – INTELLECTUAL PROPERTY
The content of the website www.margotleathercraft.fr is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an offence of counterfeiting.
ARTICLE 14 – WAIVER OF REVIEW
Notwithstanding the provisions of Article 1195 of the Civil Code relating to unforeseeability in the event of a change in circumstances unforeseeable at the time of conclusion of the contract, the parties expressly waive the application of these provisions.
ARTICLE 15 – FORCE MAJEURE
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code.
ARTICLE 16 – APPLICABLE LAW – LANGUAGE
The present General Terms and Conditions of Sale and the operations resulting from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 17 – DISPUTES
All disputes to which the purchase and sale operations concluded in application of the present general conditions of sale could give rise, concerning both their validity, their interpretation, their execution, their cancellation, their consequences and their consequences and which could not be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he can in any case resort to a conventional mediation, in particular with the Commission of the mediation of consumption (C. conso. art. L 612-1) or with the existing authorities of sectorial mediation, and whose references appear on the Internet site www.margotleathercraft.fr or with any alternative mode of settlement of the disputes in the event of contesting.
ARTICLE 18 – PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE
The fact that a natural person (or legal entity) places an order on the website www.margotleathercraft.fr implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to invoke any contradictory document that may be unenforceable against the Seller.