Preamble
The shop of Notre-Dame de la Garde hereafter, the Seller sells religious objects, books, statues.
The Seller ensures the marketing of the aforementioned goods and / or services via boutique.notredamedelagarde.com. The list of goods and services offered for sale online by the Seller can be found on the site available at “boutique.notredamedelagarde.com”.
The Parties agree that their relations will be governed exclusively by these “Terms and Conditions of Sale” to the exclusion of any condition previously available on the Seller’s website.
They apply to legal transactions relating to products marketed to its customers by the Association of the Domaine de Notre-Dame-de-la-Garde in its virtual store.
The Seller reserves the right to modify at any time these GTC by publishing a new version on the Site. The GTC are those in force on the date of validation of the order.
The parties agree that the pictures of the goods for sale on the site boutique.notredamedelagarde.com have no contractual value.
Article 1 – Definitions
The following terms and expressions mean, when prefaced by a capital letter, for the purposes of the interpretation and execution of this document:
“Article”: The property or goods that were the subject of the Order
“Goods”: Any product offered for sale on the Site
“Order”: Goods request made by the Customer to the Seller
“General Conditions of Sale”: The Terms and Conditions which are the subject hereof
“Contract”: this deed, including its preamble and its annexes and any amendment, substitution, extension or renewal made herein under the Convention of the Parties
“Delivery Time”: Period between the date of Validation of the Order and the date of the Delivery of the Order to the Customer
“Delivery Charges”: cost of the expenses incurred by the Seller to deliver the Order to the delivery address indicated by the Customer
“Delivery”: Shipment of the Article to the Customer
“Delivery Method”: means any standard or express delivery method available on the Site at the time of the Order
“Price”: The unit value of a goods or service; this value includes all taxes and delivery charges
“Total Price”: the total amount of the Combined Price of the Goods and Services that are the subject of the Order; this amount includes all taxes
“All-inclusive price”: The Total Price to which the price of the Delivery Costs is added; this amount includes all taxes
“Site”: Online sales site “boutique.notredamedelagarde.com.” Used by the Seller for the marketing of its property/Services
“Territory”: has the meaning given to this term in Article 3
“Validation of the Order”: has the meaning given in Article 5
“Online Sale”: marketing of the Seller’s Goods via the Site
References to Articles are references to the articles herein, unless otherwise stated.
Any reference to the singular includes the plural and vice versa.
Any reference to one genre includes the other genre.
Article 2. – Purpose
The purpose of these T & Cs is to define the rights and obligations of the Parties in connection with the Online Sale of the Goods offered for sale by the Seller to the Customer.
Article 3. – Scope of application
These GTC are reserved for consumers only, in the sense given by law and jurisprudence, acting exclusively for their own account and domiciled in the following countries:
Andorra, Argentina, Austria
Belgium, Bolivia, Bulgaria
Canada, Chile, Colombia, Czech Republic, Cyprus, Croatia
Denmark
Ecuador, Estonia
Finland, France
Germany, Greece
Hungary
Ireland, Italy, Iceland, Israel
Latvia, Liechtenstein, Lithuania, Luxembourg
Malta, Monaco
Netherlands, Poland, Portugal
Romania, Russia
Slovakia, Slovenia, Spain, Sweden, Switzerland
United Kingdom, United States of America
Vatican
Overseas Territories (Guadeloupe, French Guyana, Martinique, Mayotte, New Caledonia, Polynesia, Reunion Island, Saint Barthelemy, Saint Martin, Saint Pierre and Miquelon, Wallis and Futuna)
In accordance with Articles L. 111-1 et seq. Of the French Consumer Code, the essential characteristics and the prices of the Goods sold electronically, the delivery times as well as information relating to the identity of the Seller, his postal address, telephone numbers and electronic are available on the Site.
These GTC are applicable to all sales of Goods by the Seller made through the Site.
The Customer declares to have read these GTC before the Validation of the Order within the meaning of Article 5. The Validation of the Order is therefore acceptance without restriction or reservation of these GTC.
Article 4. – Entry into force and Duration
These GTC are binding on the parties from the date of Validation of the Order as defined in Article 5.
They last for the duration necessary for the supply of the Goods until the extinction of the guarantees and obligations due by the Seller.
Article 5 . – Ordering Goods and Conclusion Steps for Online Selling
In order to fulfil the order, the customer must follow the following steps:
1. Compose the address of the Site
2. Follow the instructions of the Site and in particular, the instructions necessary to open a customer account
3. Fill out the order form. In case of prolonged inactivity during the connection, it is possible that the selection of the Goods chosen by the Customer before this inactivity is no longer guaranteed.
The Client is then invited to resume his selection of Properties from the beginning
4. Check the elements of the Order and if necessary, identify and correct errors
5. Validate the Order and the Total Price including shipping costs and VAT;
6. Follow the instructions of the online payment server to pay the All Inclusive Price.
The Customer then receives electronically and without delay a confirmation of payment and acceptance of the Order.
The Customer also receives electronically and without delay an acknowledgment of receipt confirming the Order (the “Confirmation of the Order”).
The Customer receives the confirmation of the shipment of the Order electronically.
Delivery will take place at the delivery address indicated by the Customer during the Order.
When carrying out the various steps of the above-mentioned Order, the Customer undertakes to respect the present contractual conditions.
The Seller agrees to honour the order only within the limit of available stocks. In the absence of availability, the Seller agrees to inform the Customer.
However, in accordance with Article L. 121-11 of the Consumer Code, the Seller reserves the right to refuse the Order if it is abnormal, passed in bad faith or for any other legitimate reason, and in particular, where there is a dispute with the Customer regarding the payment of a previous order.
Article 6. – Prices of Goods and Conditions of Validity
The Price of the Goods sold on the Site is indicated respectively by article and reference.
At the time of Validation of the Order, the price to be paid is the Total Price.
The telecommunication costs inherent in accessing the Site remain the sole responsibility of the Customer.
The duration of validity of the offers and prices is determined by the updating of the Site.
For goods ordered from abroad, it is incumbent upon the Customer, prior to the order, to inquire about any customs duties that may be levied by the country of destination and that are not included in the calculation of the Total Price.
Article 7. – Payment terms
The payment of the Total Price by the Customer is made only by credit card. The accepted credit cards are those of the Carte Bleue, Visa, Eurocard / MasterCard networks.
The Customer can also pay using his PayPal account.
The transaction is immediately charged to the Customer’s credit card after verifying the Customer’s data, upon receipt of the debit authorisation from the company issuing the credit card used by the Customer.
The commitment to pay given by means of a payment card is irrevocable subject to the provisions of Article L. 133-8 of the Monetary and Financial Code. By providing the information relating to his credit card, the Customer authorises the Seller to debit his credit card the amount corresponding to the Total Price.
For this purpose, the Customer confirms that he is the holder of the credit card to debit and that the name on the credit card is actually his. The Customer communicates the sixteen digits and the expiry date of his credit card and where applicable, the numbers of the visual cryptogram.
In the case where the debit of the Total Price would be impossible, the Online Sale would be immediately resolved automatically and the Order would be cancelled.
The Seller implements all means to ensure the confidentiality and security of the data transmitted on the Site boutique.notredamedelagarde.com.
Article 8. – Delivery of the Order
8.1. Delivery method
Deliveries are made by the Colissimo services of La Poste.
8.2. Delivery address
The Customer chooses a valid Delivery address. The Customer is solely responsible for a delivery defect due to a lack of details during the Order.
8.3. Amount of Shipping Costs
The amount of the Shipping Costs depends on the amount of the Order and the delivery method chosen by the Customer. In any case, the amount of the Shipping Costs is indicated to the Customer before the Validation of the Order.
8.4. Delivery Times
Delivery Times are available on the Site and may vary depending on the country of delivery or the availability of the Goods that are the subject of the Order.
The delivery times are in working days and correspond to the average time of preparation and delivery of the order.
Delivery Times run from the Seller’s Confirmation of Order date.
8.5. Late delivery
In case of late delivery, the order is not cancelled.
The Seller informs the Customer by e-mail that the Delivery will occur late. The Customer may then decide to cancel the Order by informing the Seller of his intention by e-mail to the following address e-boutique@notredamedelagarde.com.
If the Order has not yet been dispatched when the Seller receives the Client’s cancellation notice, the Delivery is blocked and the Customer is refunded any sums debited within a period of fifteen days following the receipt of the cancellation notice. If the Order has already been dispatched when the Seller receives the Customer’s cancellation notice, the Customer may still cancel the Order by refusing the package. The Seller will then refund the amounts debited and return costs paid by the Customer within fifteen days of receipt of return of the parcel refused, complete and in its original condition.
8.6. Delivery Tracking
The Customer can follow the progress of the processing of the Order by consulting the site https://www.laposte.fr/particulier/outils/suivre-vos-envois?colissimo=true and by providing the barcode which has been assigned.
8.7. Verification of the Order upon arrival
The Customer is required to check the condition of the packaging as well as the articles during the Delivery.
It is the Customer’s responsibility to issue the reservations and claims he deems necessary, or even to refuse the package, when the package is obviously damaged on delivery. Such reservations and claims must be sent to the carrier by registered letter with acknowledgment of receipt within three working days, excluding holidays, following the date of delivery of the Goods. These arrangements may vary in some countries.
The Customer must also send a copy of this letter to the Seller. Failure to file a claim within the aforementioned period extinguishes any action against the carrier in accordance with Article L. 133-3 of the French Commercial Code.
The Customer must verify that the Goods delivered to him correspond to the Order. In the event of nonconformity of the Goods to the specifications mentioned in the delivery order, the customer must inform the e-boutique@notredamedelagarde.com by e-mail and return the Goods to the following address: Association du Domaine de Notre-Dame de la Garde, Rue Fort du Sanctuaire – 13281 Marseille Cedex 06, France.
8.8 Deliveries abroad
For deliveries made abroad, it is the Customer’s responsibility to ensure that the Goods ordered can regularly enter his country. The Seller’s responsibility cannot be engaged in case of blocking of the order on arrival in the country of reception for customs’ reasons or any other reasons. In the case of a shipment outside the European Union, taxes may be invoiced upon receipt of your package. These taxes, which depend on the country, remain at your expense. We cannot inform you of their exact amount.
More generally, the Seller cannot be held responsible for non-compliance with the regulatory and legal provisions in force in the country of reception.
Article 9. – Right of withdrawal
The customer has a right of withdrawal which he can exercise within fourteen calendar days following the date of receipt or withdrawal of the Order. If this period expires on a Saturday, a Sunday or a holiday or holiday, it is extended until the next working day.
The Customer wishing to exercise his right of withdrawal must return the Items within the aforementioned period, in their original packaging, complete, new.
Article 10. – Complaints
The Customer must send any complaints to e-boutique@notredamedelagarde.com, mentioning the reference and date of the Order.
Only claims relating to the online sale of items will be taken into account.
Article 11. – Guarantee
The Seller is subject to the conditions of legal guarantees provided for in Articles L. 217-4 and following of the Consumer Code, and in particular:
Art. L217-4: The seller delivers the goods in accordance with the contract and answers for the lack of conformity existing during the delivery.
He also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under his responsibility.
Art. L217-5: The goods are in accordance with the contract:
– 1° If it is fit for the customary use of a similar product and, where applicable:
– If it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a 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, particularly in advertising or labelling;
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, made known to the seller and that the latter has accepted.
Art. L217-7: The defects of conformity which appear within twenty-four months from the delivery of the good are presumed to exist at the time of the delivery, unless proven otherwise. (…).
Art. L217-9: In case of lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not proceed according to the choice of the buyer if this choice entails a cost obviously disproportionate compared to the other modality, taking into account the value of the goods or the importance of the defect. He is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.
Art. L217-10: If the repair and replacement of the goods are impossible, the buyer can return the goods and get the price back or keep the goods and get a part of the price.
The same option is open to him:
1° If the solution requested, proposed or agreed under the article.— L. 217-9 cannot be implemented within one month of the buyer’s claim ;
2° Or, if this solution involves major inconvenience for this one taking into account the nature of the product and the use that it seeks.
The resolution of the sale cannot however be pronounced if the lack of conformity is minor.
Art. L217-11: The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer.
These same provisions do not prevent the award of damages.
Art. L217-12: The action resulting from the defects of conformity lapses two years after the delivery of the goods.
Art. L217-13: The provisions of this section do not deprive the purchaser of the right to exercise the action resulting from the latent defects as specified in Articles 1641 to 1649 of the civil code or any other action of a contractual or extracontractual nature which is applicable to him by the law.
It is also subject to Articles1641 and following of the Civil Code and in particular:
Art. 1641: The seller is bound by the guarantee because of the hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which diminish the use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them.
Art. 1642: The seller is not held responsible for visible defects and the buyer was able to convince himself.
Art. 1644: In the case of Article 1641 (…) the buyer has the choice to return the thing and to be refunded the price, or to keep the thing and obtain refund of a part of the price.
Art. 1645: If the seller knew the defects of the thing, he is held liable, in addition to the return of the price he has received, all damages and interest to the buyer.
Art. 1646: If the seller was ignorant of the defects of the thing, he will be held responsible only to the restitution of the price and to refund to the purchaser the expenses occasioned by the sale.
Art. 1648: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
Article 12. – Intellectual property rights
The trademarks, illustrations, images and logos appearing on the Goods, their accessories and their packaging, whether registered or not, will remain the exclusive property of the Seller or his suppliers. Any total or partial reproduction, modification or use of these marks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior agreement of the Seller is strictly prohibited. The same is true of any combination or conjunction with any other brand, symbol, logo and more generally any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model and patent that belong to the Seller.
Article 13. – Confidentiality of Data
In accordance with the law “Informatique et Libertés”, the processing of personal information relating to customers has been declared to the Commission National Informatique et Liberates (CNIL) under the number 2072946v0.
If the Customer agrees to provide individual personnel data, he has an individual right of access, withdrawal and amendment of such data under the conditions provided by Law No. 78-17 of 6 January 1978 relating to computers, files and freedoms. The Customer must address any written request to the following address e-boutique @ notredamedelagardecom.
On the occasion of the creation of his customer-account on the Site, the Customer will be able to receive, if he wishes offers from the Seller or to subscribe to the newsletter of the Domain.
Article 14. – Force Majeure
The performance by the Seller of his obligations under these GTC will be suspended in case of occurrence of a fortuitous event or force majeure that would hinder or delay the execution of the Order.
The Seller will notify the Customer of the occurrence of such a fortuitous event or force majeure within five (5) days from the date of incurrence of the event.
When the suspension of the performance of the Seller’s obligations continues for a period of more than eight (8) days, the Customer may cancel the current Order and the Seller will then reimbursement the order.
Article 15. – Nullity of a GTC Clause
If any of the provisions of these GTC was cancelled, this nullity would not result in the nullity of the other provisions that will remain in force between the Parties.
Article 16. – Modification of the GTC
Any amendment, termination or abandonment of any of the clauses of these GTCS will only be valid after written agreement signed by the Parties.
Article 17. – Independence of the Parties
The parties may not create any commitment in the name and/or on behalf of the other party. In addition, each party remains solely responsible for its claims, commitments, services, products and personnel.
Article 18. – Non-renunciation
The fact that one of the parties does not avail itself of an undertaking by the other party to any of the obligations referred to us, cannot be interpreted for the future as a waiver of the obligation in question.
Article 19. – Notifications
All notifications to be made in the context of these GTCs will be considered as realised if they are made by registered letter with return receipt requested to the following addresses: ASSOCIATION DU DOMAINE DE NOTRE-DAME DE LA GARDE, Rue Fort du Sanctuaire, 13281 Marseille Cedex 06, France.
Article 20. – Applicable Law
These Terms & conditions are governed by French law.
Article 21. – Attribution of jurisdiction
Any dispute resulting from the formation, the interpretation or the execution of these GTC will be the exclusive competence of the competent French courts, notwithstanding plurality of defendants or call in guarantee.