Terms of sale

GENERAL TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Sale (hereinafter the “General Terms and Conditions”) apply to any purchase made by an individual (hereinafter the “CUSTOMER”) on the website www.francoise-paviot.com (hereinafter the “WEBSITE”) from Françoise PAVIOT SARL, registered with the Lyon Trade and Companies Register under number B 388 658 247, whose registered office is located at 2 bis rue d’Italie, ZAC des Pierres Blanches, 69780 MIONS, France.

Telephone: +33 (0)4 78 20 28 12

Contact email: info@francoisepaviot.fr

Hereinafter referred to as the “SELLER”.

IMPORTANT: Any order placed on the WEBSITE implies the CUSTOMER's unconditional acceptance of these General Terms and Conditions of Sale.

Article 1. DEFINITIONS

The following terms shall have the meanings set out below:

“CUSTOMER”: The SELLER's contractual partner, who confirms that they qualify as a consumer within the meaning of the introductory article of the French Consumer Code. The CUSTOMER acts outside any commercial, industrial, craft, professional or agricultural activity.

“DELIVERY”: The first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address provided when placing the order.

“PRODUCTS”: All products available on the WEBSITE.

“TERRITORY”: France and the territories usually served by the SELLER, including the United Kingdom, Switzerland and Norway.

Article 2. PURPOSE

These General Terms and Conditions govern the sale of PRODUCTS by the SELLER to its CUSTOMERS.

The CUSTOMER is expressly informed and acknowledges that the WEBSITE is intended exclusively for consumers.

Article 3. PRODUCTS

The WEBSITE specialises in premium disposable table linens.

The essential characteristics of the PRODUCTS are presented on the WEBSITE, on each PRODUCT page.

The SELLER takes great care to provide accurate information about the characteristics of the PRODUCTS, subject to an obligation of reasonable care.

The CUSTOMER is responsible for reviewing the details of the PRODUCTS before placing an order. The CUSTOMER alone is aware of their needs and constraints and makes their purchasing decision accordingly.

PRODUCTS are offered for sale subject to availability.

If a PRODUCT is unavailable, the SELLER will inform the CUSTOMER without delay and may offer an alternative PRODUCT of equivalent quality and price. If the CUSTOMER does not agree, the SELLER will refund the amounts paid within fourteen (14) days of payment.

Article 4. PLACING AN ORDER

To purchase a PRODUCT, the CUSTOMER must be at least 18 years old and legally capable of accepting these General Terms and Conditions.

4.1. Creating an Account

The CUSTOMER may create a customer account on the WEBSITE or purchase PRODUCTS without creating an account.

Where an account is created, the email address and password provided constitute the account login credentials (the “Credentials”).

Each CUSTOMER is responsible for maintaining the confidentiality of their Credentials and is solely responsible for all activities carried out using them.

If the CUSTOMER believes that someone has gained access to their account or Credentials, they are encouraged to contact the SELLER immediately at info@francoisepaviot.fr and, where appropriate, change their Credentials.

The CUSTOMER is responsible for ensuring that the information provided is accurate and truthful.

4.2. Reviewing the Order

Before confirming an order, the CUSTOMER is invited to review the details in their shopping cart and make any necessary changes.

Delivery times are indicated or reiterated on the order review page.

4.3. Order Confirmation

Before confirming an order, the CUSTOMER must accept these General Terms and Conditions, which will have been made available for review.

The order becomes firm and final once the CUSTOMER has confirmed it after reviewing the shopping cart and accepting the General Terms and Conditions.

The CUSTOMER must then pay the corresponding price.

The CUSTOMER will receive an order confirmation email containing the invoice and the General Terms and Conditions accepted.

The SELLER reserves the right to cancel or refuse any order for legitimate reasons, including suspected fraud, non-payment, an incorrect delivery address, a manifestly abusive request or a previous unresolved dispute with the CUSTOMER.

A copy of the order acknowledgement is automatically sent to the CUSTOMER by email in accordance with Article L221-14 of the French Consumer Code, provided that the email address supplied is correct.

The SELLER does not send order confirmations by post or fax.

Article 5. RIGHT OF WITHDRAWAL

5.1. Withdrawal Period and Principle

The CUSTOMER has fourteen (14) days from receipt of the PRODUCT by the CUSTOMER (or by a third party designated by them, other than the carrier) to exercise their right of withdrawal, without having to provide a reason or bear any costs other than those provided for in Articles L221-23 to L221-25 of the French Consumer Code.

Where an order contains several PRODUCTS delivered separately, the withdrawal period begins upon receipt of the last PRODUCT.

The day of receipt is not counted. If the period expires on a Saturday, Sunday, public holiday or non-working day, it is extended to the next working day.

5.2. Exercising the Right of Withdrawal – Form and Online Withdrawal Function

The CUSTOMER must notify the SELLER of their decision to withdraw through an unambiguous statement, by any means, including by post to Françoise PAVIOT SARL, ZAC des Pierres Blanches, 2 bis rue d’Italie, 69780 MIONS, France, or by email.

The CUSTOMER may also use the standard withdrawal form provided in Appendix 2.

The SELLER provides a free online withdrawal function on the WEBSITE.

This function is clearly identified by the words “withdraw from the contract here” or equivalent unambiguous wording. It is prominently displayed, directly and easily accessible, and available throughout the withdrawal period.

Upon receiving the withdrawal declaration, the SELLER will send the CUSTOMER an acknowledgement of receipt within a reasonable period, on a durable medium, indicating in particular the content of the withdrawal declaration and the date and time it was submitted.

Use of this function, like the exercise of the right of withdrawal, is free of charge for the CUSTOMER.

5.3. Effects of Withdrawal and Refunds

The CUSTOMER must return the PRODUCTS to the SELLER without undue delay and no later than fourteen (14) days after communicating their decision to withdraw.

The PRODUCTS must be returned in their original condition and complete, allowing them to be resold.

The CUSTOMER is liable only for any reduction in the value of the PRODUCTS resulting from handling beyond what is necessary to establish their nature, characteristics and proper functioning (Articles L221-23 and L221-25 of the French Consumer Code).

The direct cost of returning the PRODUCTS is borne by the CUSTOMER, who is informed of this requirement.

The SELLER will refund all amounts paid by the CUSTOMER, including standard delivery charges, no later than fourteen (14) days after being informed of the CUSTOMER's decision to withdraw.

However, the SELLER may defer the refund until the PRODUCTS have been recovered or until the CUSTOMER has provided proof of dispatch, whichever occurs first.

The refund will be made using the same payment method as the original transaction, unless the CUSTOMER expressly agrees otherwise, and without additional charges.

Exceptions to the Right of Withdrawal

In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal may not be exercised, in particular, for PRODUCTS made to the CUSTOMER's specifications or clearly personalised, PRODUCTS liable to deteriorate or expire rapidly, or unsealed PRODUCTS that cannot be returned for hygiene reasons.

Article 6. PRICES AND PAYMENT TERMS

Prices are displayed in euros, inclusive of all applicable taxes (VAT included), at the VAT rate in force on the date of the order.

Applicable delivery charges are indicated before the order is confirmed.

The applicable price is the price displayed on the WEBSITE when the CUSTOMER places the order.

6.1. Payment Methods

The CUSTOMER pays for PRODUCTS online using the payment methods offered by the SELLER:

  • Credit or debit card (Carte Bleue, Visa, Eurocard, Mastercard, American Express).

  • Apple Pay.

  • PayPal.

The CUSTOMER guarantees that they have all the necessary authorisations to use their chosen payment method.

All payment information is securely transmitted to the payment service provider and is not processed directly on the WEBSITE.

Before making payment, the CUSTOMER must provide their email address and telephone number on the checkout page generated by Shopify.

6.2. Payment Date

The CUSTOMER's bank account is debited immediately upon payment of the order.

6.3. Late or Declined Payment

If the bank declines the payment, the CUSTOMER must contact the SELLER's customer service department to arrange another valid payment method.

If payment is not made, the sales contract is not formed and the order will not be fulfilled.

Article 7. EVIDENCE AND RECORD KEEPING

Each contract concluded with the CUSTOMER corresponding to an order is archived by the SELLER as a commercial document and as Personal Data.

The contract is retained for the applicable statutory commercial limitation period, and the associated Personal Data is processed in accordance with the Privacy Policy.

Article 8. TRANSFER OF OWNERSHIP AND RISK

The SELLER retains ownership of the PRODUCTS delivered until full payment has been received from the CUSTOMER.

In accordance with Article L216-2 of the French Consumer Code, the risk of loss of or damage to the PRODUCTS passes to the CUSTOMER when the CUSTOMER, or a third party designated by them other than the carrier, takes physical possession of the PRODUCTS.

Article 9. DELIVERY

Delivery periods begin on the date the SELLER receives payment for the order.

The CUSTOMER is informed of delivery by message or email, depending on the contact information provided.

Where available, delivery tracking may be carried out using the online tracking tools provided by the carriers.

The CUSTOMER may also contact the SELLER's sales department by email at any time to obtain information about the status of an order.

The information provided by the CUSTOMER when placing an order must be complete, accurate and up to date.

The delivery terms for the PRODUCTS are specified in Appendix 1.

Where no delivery date is indicated, the SELLER will deliver without undue delay and no later than thirty (30) days after the contract is concluded (Article L216-1 of the French Consumer Code).

In the event of failure to deliver, the CUSTOMER may, after an unsuccessful formal notice, terminate the contract and obtain a refund of the amounts paid within fourteen (14) days (Article L216-6 of the French Consumer Code).

Article 10. PACKAGING

The PRODUCTS are packaged in accordance with applicable transport standards to ensure adequate protection during DELIVERY.

When returning PRODUCTS to the SELLER, the CUSTOMER agrees to comply with the same packaging standards and use the original packaging.

Article 11. STATUTORY WARRANTIES

11.1. Statutory Warranty of Conformity

In accordance with Articles L217-3 et seq. of the French Consumer Code, the SELLER is liable for any lack of conformity of the PRODUCTS existing at the time of delivery and becoming apparent within two (2) years thereafter.

Defects appearing within twenty-four (24) months of delivery are presumed to have existed at the time of delivery, unless proven otherwise (Article L217-7).

In the event of a lack of conformity, the CUSTOMER may choose between repair and replacement of the PRODUCT, free of charge and without significant inconvenience (Articles L217-9 and L217-11).

Failing this, the CUSTOMER may obtain a price reduction or termination of the sale (Article L217-14).

Where a PRODUCT is repaired under the statutory warranty of conformity, the CUSTOMER benefits from a six (6) month extension of the original warranty (Article L217-13).

The statutory warranty of conformity applies independently of any commercial warranty.

11.2. Statutory Warranty Against Hidden Defects

The SELLER is liable for hidden defects affecting the PRODUCT sold, in accordance with Articles 1641 to 1649 of the French Civil Code.

A CUSTOMER making a claim under this warranty may choose between cancellation of the sale (return of the PRODUCT in exchange for a refund) and a reduction in the purchase price.

Legal action must be brought within two (2) years of discovering the defect.

Article 12. LIABILITY

The SELLER shall not be held liable for non-performance or improper performance of contractual obligations attributable to the CUSTOMER or to an event of force majeure.

The SELLER does not control third-party websites linked to the WEBSITE and excludes liability for the information published on them.

These provisions shall not exclude or limit the SELLER's liability for its statutory obligations, including statutory warranties of conformity and against hidden defects, its obligation to deliver conforming PRODUCTS, or in cases of personal injury, gross negligence or wilful misconduct.

Article 13. PERSONAL DATA

The SELLER processes Personal Data relating to its CUSTOMERS for the purposes of managing orders, customer accounts, customer relationships and, where applicable, commercial prospecting.

Processing is carried out in accordance with Regulation (EU) 2016/679 (GDPR) and amended French Law No. 78-17 of 6 January 1978.

Detailed information concerning processing activities (purposes, legal bases, retention periods, recipients, possible transfers outside the EU, individual rights and how to exercise them) is provided in the SELLER's Privacy Policy, available at [insert URL].

The CUSTOMER has the right to access, rectify, erase, restrict processing, object to processing and obtain data portability, as well as the right to define instructions concerning their Personal Data after death and to lodge a complaint with the CNIL (3 place de Fontenoy, TSA 80715, 75334 Paris Cedex 07, France – www.cnil.fr).

Article 14. COMPLAINTS AND CONSUMER MEDIATION

The SELLER provides a contact form on the WEBSITE for submitting complaints.

The CUSTOMER may contact the SELLER at any time regarding a complaint or enquiry at info@francoisepaviot.fr.

In accordance with Articles L611-1, L612-1 and L616-1 of the French Consumer Code, the CUSTOMER has the right to use a consumer mediator free of charge to seek an amicable resolution of any dispute with the SELLER, after first attempting to resolve the matter directly through a written complaint.

The competent consumer mediator is:

CM2C

Email: cm2c@cm2c.net

Website: https://www.cm2c.net

Article 15. INTELLECTUAL PROPERTY

All elements of the WEBSITE, including its underlying technology, are protected by copyright, trademark and/or patent law and remain the exclusive property of the SELLER.

Creating a hyperlink to the WEBSITE requires the SELLER's prior written authorisation.

Framing and inline linking techniques are prohibited.

Article 16. AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS AND PREVAILING VERSION

These General Terms and Conditions apply to all online purchases made through the WEBSITE.

They may be amended at any time. The applicable General Terms and Conditions are those in force and communicated to the CUSTOMER at the time of purchase.

Amendments do not apply to PRODUCTS already purchased.

Only the French-language version shall prevail.

Article 17. FORCE MAJEURE

The SELLER's obligations are automatically suspended in the event of force majeure within the meaning of Article 1218 of the French Civil Code.

The SELLER invoking force majeure shall inform the CUSTOMER as soon as possible by registered letter with acknowledgement of receipt.

If the force majeure event continues for more than one (1) month, either Party may terminate these General Terms and Conditions by written notification with acknowledgement of receipt, without either Party being entitled to compensation.

Article 18. SEVERABILITY

If any provision of these General Terms and Conditions is declared invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Article 19. APPLICABLE LAW AND JURISDICTION

These General Terms and Conditions and the relationship between the CUSTOMER and the SELLER are governed by French law.

In accordance with Article R631-3 of the French Consumer Code, the CUSTOMER may bring proceedings before any court having territorial jurisdiction under the French Code of Civil Procedure or before the court of the place where the CUSTOMER resided when the contract was concluded or when the harmful event occurred.

Before initiating legal proceedings, the Parties shall favour an amicable resolution in a spirit of fairness and good faith.

The consumer mediation arrangements are specified in Article 15.


APPENDIX 1 – DELIVERY

Delivery Area: PRODUCTS may be delivered within the TERRITORY.

Distance selling is reserved for individual consumers.

Delivery times, methods and charges are indicated on the WEBSITE and in the order confirmation, and run from the date the order is registered.

Carriers:

  • Colissimo (laposte.fr)

  • Mondial Relay (mondialrelay.fr)

Upon delivery, the CUSTOMER must check the condition of the parcel and, where appropriate, record any reservations on the delivery note.

Reservations made to the carrier do not affect the CUSTOMER's ability to exercise their rights against the SELLER under statutory warranties or the right of withdrawal.


APPENDIX 2 – STANDARD WITHDRAWAL FORM

(Complete and return this form only if you wish to withdraw from the contract.)

To:

Françoise PAVIOT SARL

ZAC des Pierres Blanches

2 bis rue d’Italie

69780 MIONS, France

Email: info@francoisepaviot.fr

I hereby notify you of my withdrawal from the contract relating to the order of the following PRODUCTS:

Ordered on / Received on: ____________________

Order number: ____________________

Name of consumer(s): ____________________

Address of consumer(s): ____________________

Date: ____________________

Signature (for paper notifications only): ____________________