General terms and conditions of sale (GTCS)

General terms and conditions of sale

1. PURPOSE
The present general conditions of sale aim to define the rights and obligations of Piacé le Radieux and the Customer of products presented by Piacé le Radieux on our site https://piaceleradieux.com (hereafter "the Site"). They apply exclusively between the company Piacé le Radieux , Moulin de Blaireau 72170 Piacé, Siret : ? (hereafter " Piacé le Radieux ") and any natural person visiting or making a purchase via the said Site (hereafter " the Client ").
On the site, Piacé le Radieux allows the Customer to order on line products of the Piacé le Radieux brand (hereafter " the Product(s) ") according to the present general conditions.
Any order placed with Piacé le Radieux implies the unreserved acceptance by the Customer of the present conditions. The present general conditions can be modified at any time and without notice by Piacé le Radieux, the applicable conditions being those in force at the date of the order by the Customer.

2. PRODUCTS AND COMPLIANCE
2.1. The Products offered for sale are presented on the Piacé le Radieux site and are accompanied by a description.
2.2. The Products offered by Piacé le Radieux comply with the standards applicable in France and Europe.
Items such as photographs, text, graphics and all information and characteristics illustrating and/or accompanying the products are not contractual, which the Customer acknowledges. The Customer is fully informed that the images, photos and colours of the items offered for sale may not correspond to the actual colours due to the effect of the Internet browser, the screen used or the filters used.
Consequently, Piacé le Radieux cannot be held responsible in the event of error or omission of any of these elements or in the event of modification of said elements by suppliers and/or publishers.

3. THE CUSTOMER'S OBLIGATIONS
3.1. The Customer declares that he/she is at least 18 years old and has the legal capacity or parental authorisation to place an order on the Site.
3.2. The Client undertakes to communicate to Piacé le Radieux the real elements of information necessary to the realisation of the service object of the present conditions as requested on line and according to his situation, notably his name, first name, address, telephone and valid e-mail.
The Customer shall be liable for the consequences of any information transmitted that is false or inaccurate or that is unlawfully reproduced.
3.3. Once the order has been placed Piacé le Radieux will send the Customer an email confirming the order. It informs the Customer of the shipment of the Products.
3.4. The Customer can change his details in the "My Account" section.

4. ORDERING
4.1. All orders will only be validated once payment has been accepted.
4.2. Piacé le Radieux reserves the right to cancel or refuse an order in the event of a dispute with the Customer over a previous order.
4.3. Piacé le Radieux can accept orders within the limits of available stocks. It informs the Customer of the availability of the products sold on the Site at the time of order confirmation.
4.4 Certain Products are available on pre-order, i.e. they are out of stock but will be restocked: in this case, the Customer is invited to pre-order and the restocking period is indicated under the "pre-order" button. The payment procedure remains identical. Pre-ordered Products are delivered independently of the rest of the order, within the timeframe indicated at the time of pre-ordering.
If, despite the vigilance of Piacé le Radieux the products are unavailable Piacé le Radieux will inform the Customer by e-mail as soon as possible. The Customer will then be able to cancel his order and be reimbursed, if necessary, the sums already paid.
The definitive or temporary unavailability will not in any way engage the responsibility of Piacé le Radieux, nor will it open any right to compensation or damages in favour of the Client.

5. THE PRICE
5.1. The prices displayed on the Site are indicated in euros, including all French taxes (French VAT and any other taxes that may be applicable), but excluding delivery costs, order processing costs and packaging costs.
Shipping costs, order processing costs and packaging costs will be indicated in the Customer's basket before the order is finally confirmed.
Prices may be changed at any time, without prior notice, particularly in the event of changes in tax or economic data. Items will be invoiced on the basis of the prices in force at the time the order is registered.

6. DELIVERY
6.1. Piacé le Radieux delivers its Products in France and in all the countries of the European Union and can on request deliver to any country.
Products are dispatched with the delivery note to the delivery address indicated by the Customer when placing the order. Delivery cannot be made to hotels or post office boxes. The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times. In order for these times to be respected, the Customer must ensure that they have provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
In the event of a delay in delivery of more than 7 working days, if the product has not been dispatched, the Customer may cancel the order by registered letter with acknowledgement of receipt and request a refund of the order.
If the item has been dispatched before receipt of the cancellation of the order due to a delay in delivery of more than 7 days, Piacé le Radieux will proceed with the reimbursement of the item and the shipping and return costs, upon receipt of the item, complete, in its original condition and with all labels.
Piacé le Radieux undertakes to inform the Customer of the progress of their order.
In the event of damaged packages (already opened, missing products...), the Customer undertakes to notify the carrier and Piacé le Radieux, by any means, of any reservations within 3 days of receipt of the product.
Piacé le Radieux cannot be held responsible for the consequences due to a delay in delivery for which it is not responsible.

7. TERMS OF PAYMENT
Payment must be made in full when the order is placed. At no time may the sums paid be considered as deposits or advance payments. The Customer may pay for the order by credit card (Visa, Eurocard/Mastercard), Paypal account, cheque or bank transfer in accordance with the provisions of this article.
For all transactions, the Customer must give the number appearing on the front of their card, the expiry date of their card and the cryptogram appearing on the back of their card (last three digits).
The communication by the Client of his/her bank card number constitutes authorisation for Ass. Piacé le Radieux to debit his/her account up to the amount of the order.
Cash on delivery will not be accepted for any reason whatsoever.
Piacé le Radieux retains ownership of the article until full payment of the price by the Customer. Purchases are made in a secure manner. The payment solutions adopted by Piacé le Radieux are 100% secure. For payments by bank card (Carte Bleue, Carte Bleue Visa and e-Carte Bleue), all the information that Clients communicate to Piacé le Radieux is strictly protected and guarantees the conformity and security of each transaction.

8. ANTI FRAUD
L'Impertinente 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.
Any resale of products purchased on the Site is strictly prohibited. Each order is limited to a maximum of 20 items.
In addition, to combat fraud, L'Impertinente has introduced a system of exclusion lists, which may lead to :
(I) to request, in order to secure the transaction, certain supporting documents once payment has been made, in the event of an automatic alert triggered by information relating to the order.
(II) block any order from a Customer account that has previously been the source of fraud.

9. EXCHANGES AND RETURNS
RIGHT OF WITHDRAWAL
Within thirty (30) days of receipt of the order, the Client may ask Piacé le Radieux to return or exchange the Product(s).
To do this, the Customer must first make a request for a return or exchange by e-mail.
If the return request is validated by Piacé le Radieux, the Customer will have to return the Product(s) at his own expense.
The return or exchange is at the Customer's risk. The Product must be returned within one week in its original packaging, in its original condition, new, unworn, unwashed, accompanied by the return slip, to the following address:
Piacé le Radieux
Moulin de Blaireau 72170 Piacé
If the item is not returned by the Customer within one week of receipt of the postage label, the return will be considered cancelled and the Customer must keep the product.
The returned Product will be reimbursed within a maximum of fifteen (15) days from its receipt by Piacé le Radieux, by crediting the amount to be reimbursed to the Customer's bank account.
Return shipping costs are at the customer's expense, except if Piacé le Radieux has delivered a damaged product or a product different from the one ordered.
If the Customer does not respect the present conditions, in particular the return or exchange conditions, Piacé le Radieux will not be able to reimburse the Products concerned.

10. WARRANTIES AND LIABILITY
For all stages of access to the site, from the order process to the dispatch of the parcel or subsequent services, Piacé le Radieux only has an obligation of means. Piacé le Radieux cannot be held responsible for any inconvenience or damage inherent to the use of the internet network, notably a break in service, external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with the law and jurisprudence.

11. INTELLECTUAL PROPERTY
Under no circumstances may the Customer download or modify all or part of the Site, in particular its content (products listed, descriptions, images, videos, etc.).
This Site or any part of this Site must not be reproduced, copied, sold or exploited for commercial purposes without the express written authorisation of Piacé le Radieux.
Generally speaking, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site will remain the full and complete property of Piacé le Radieux.
The Customer is therefore bound to respect intellectual property rights and may not use the trademarks appearing on the Site and on the Products, where applicable, or register any trademark that would be prejudicial to the holder of the rights, unless otherwise stipulated in the contract.
The same applies to all other intellectual property rights.

12. WARRANTIES AND LIABILITY
Piacé le Radieux undertakes to use the confidential information of Clients only within the framework of the operation of its Site.
Piacé le Radieux is not responsible if the Site is inaccessible or presents access anomalies or bugs for any reason whatsoever.
Piacé le Radieux reserves the right to promote a third party on the Site in any way whatsoever, and is not responsible for third party sites to which visitors are directed from the Site.
Intellectual property rights :
All the Products, as well as the texts, comments, photos, trademarks, graphics, design, illustrations and images that make up the Site are the exclusive property of L'Impertinente and are protected by intellectual property rights in France and throughout the world. Any total or partial reproduction of these elements or of the Site is strictly prohibited.
Applicable law and jurisdiction :
In the event of translation of the Site and the GTC, the French language shall prevail for interpretation purposes.
These GCS are governed by French law. Any dispute that may arise concerning their validity, interpretation and performance shall be subject to the exclusive jurisdiction of the Paris courts, unless otherwise provided by mandatory procedural rules.
In order for the order to be processed correctly, the personal data collected will be processed electronically, and the Customer acknowledges that he/she is aware of this.
In this respect, information concerning the user may be communicated to Piacé le Radieux's technical service providers.
In addition, Piacé le Radieux may apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionality of the site, for example by tracking the number of visitors to certain pages.
In accordance with the law of 6 January 1978 modified by the law of 6 August 2004, the Customer has the right to access and rectify any personal data concerning him/her contained in the files of Piacé le Radieux. Any request should be sent by e-mail to :contact@piaceleradieux.com or by post to the following address: Moulin de Blaireau-72170 Piacé.
This data processing has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL), which issued receipt no. 1517135 v 0 on 29 June 2011.

13. FORCE MAJEURE
In the event of a force majeure event, the party concerned must inform the other party within fifteen (15) days of the occurrence of the event, by registered letter with acknowledgement of receipt.
The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: total or partial strikes, lock-outs, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes to forms of marketing, computer breakdown, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship.
All the obligations of the parties will be suspended for the duration of the force majeure event, without compensation.
If the force majeure event continues for more than three (3) months, the contract in question may be terminated by operation of law without compensation for either party.

14. GENERAL PROVISIONS
14.1 Partial invalidity of a clause
If any one of the stipulations of these conditions is declared null and void or unenforceable by a competent court, it will be declared unwritten and will not invalidate the other stipulations.
14.2. Update
The present general conditions may be modified at any time and without notice by Piacé le Radieux, the applicable conditions being those in force at the date of the order by the Customer.
These general terms and conditions of sale are permanently accessible at the following address: https://piaceleradieux.com/edition/conditions-generales-de-vente/ in a format that allows them to be printed and/or downloaded, so that the Customer can reproduce or save them.
14.3. Applicable law - Competent court
These general terms and conditions are governed by French law with regard to both form and substance. Any dispute shall be subject to a prior attempt at amicable settlement.
In the absence of an amicable settlement, jurisdiction is given to the competent French courts, notwithstanding multiple defendants or the introduction of third parties.
14.4: Reproduction of applicable texts (Order 2005-136 of 17 February 2005, Consumer Code, Civil Code)
Art. L. 211-4. of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility.
Art. L. 211-5. of the Consumer Code
- To conform to the contract, the goods must :
1° Be fit for the use ordinarily expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller presented to the Customer in the form of a sample or model;
- have the qualities that a Customer may legitimately expect having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Customer, brought to the attention of the seller and accepted by the latter.
Art. L. 211-12. of the Consumer Code
Any action arising from a lack of conformity must be brought within two years of delivery of the goods.
Art. 1641 of the Civil Code
The seller is liable for any hidden defects in the goods sold which render them unsuitable for their intended use, or which impair this use to such an extent that the Customer would not have purchased them, or would have paid a lower price for them, had he been aware of them.
Art. 1648 paragraph 1 of the Civil Code
Any action arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
You can contact Piacé le Radieux by telephone on 02 43 33 47 97.