Terms of service

 

ARTICLE 1 - Scope of application

 

These Terms and Conditions (hereinafter referred to as "TOC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or the Customer") wishing to acquire the products offered for sale ("Products") by the Seller on the website createdinchina.shop. The Products offered for sale on the site are the following:

 

fashion accessories, clothing, electronic gadgets, decorations, wellness and relaxation accessories

 

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 createdinchina.shop website, which the customer is required to read before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are subject to availability, as specified when the order is placed.

 

These TOC are accessible at all times on the createdinchina.shop website and shall prevail over any other document.

The Customer declares that it has read these TOC and has accepted them by ticking the box provided for this purpose before implementing the online ordering procedure on the createdinchina.shop website.

In the absence of proof to the contrary, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

 

The Seller's contact details are as follows

Escargot Productions, EURL

Share capital of 10,000 euros

Registered at the RCS of Paris, under the number 832105183

49 Rue de Ponthieu, 75008, Paris

Email : yuanye.lu@escargot.is

Phone number : 0756883031

Intracommunity VAT number FR94832105183

The Products presented on the createdinchina.shop website are offered for sale in the following territories:

the whole world.

 

In the event of an order to a country different from the country of production, the Customer is the importer of the Product or Products concerned.

Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne and are the sole responsibility of the Customer.

 

ARTICLE 2 – Prices

 

The Products are supplied at the prices in force on the createdinchina.shop website at the time the order is registered by the Seller.

Prices are expressed in Euros, exclusive of tax and VAT.

The prices take into account any discounts granted by the Seller on the createdinchina.shop website.

These prices are firm and non-revisable during their period of validity, but the Seller reserves the right, outside the period of validity, to change the prices at any time.

 

The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.

 

ARTICLE 3 - Commandes

 

It is up to the Customer to select the Products they wish to order on the createdinchina.shop website, in accordance with the following procedures:

The Customer chooses a Product that he puts in his basket, a Product that he can delete or modify before validating his order and accepting these general conditions of sale. He will then enter his details or connect to his space and choose the delivery method. After validation of the information, the order will be considered final and will require payment by the Customer according to the terms and conditions provided.

 

Product offers are valid as long as they are visible on the site, within the limits of available stocks.

The sale will only be considered valid after full payment of the price. It is the responsibility of the Customer to check the accuracy of the order and to report any errors immediately.

Any order placed on the createdinchina.shop website constitutes the formation of a contract concluded at a distance between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.

The Customer may follow the progress of his order on the site.

 

Any cancellation of the order by the Customer will only be possible before the delivery of the Products (independently of the provisions relating to the application or not of the legal right of withdrawal).

 

ARTICLE 4 - Terms of payment

 

The price is paid by secure payment, according to the following methods

• Payment by credit card
• Payment by PayPal

 

The price is payable in full by the Customer on the day the order is placed.

 

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions on the createdinchina.shop website.

 

Payments made by the Customer shall not be considered final until the Seller has actually collected the sums due.

The Seller shall not be required to deliver the Products ordered by the Customer if the Customer does not pay the price in full under the conditions indicated above.

 

ARTICLE 5 - Deliveries

 

The Products ordered by the Customer will be delivered to the whole world.

 

Deliveries are made within 30 days to the address indicated by the Customer when ordering on the site.

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in the case of special circumstances or the unavailability of one or more Products, the Products ordered will be delivered in a single delivery.

The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above.

 

If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any other reason than force majeure or the fact of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. 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, with the exclusion of any compensation or retention.

 

Deliveries shall be made by an independent carrier to the address given by the Customer at the time of ordering and to which the carrier can easily gain access.

When the Customer has himself/herself called upon a carrier that he/she chooses, delivery shall be deemed to have been made as soon as the Products ordered have been handed over by the Seller to the carrier, who has accepted them without reservations. 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 specific request from 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 has a period of 24 hours from the date of delivery to make complaints by e-mail (contact@createdinchina.shop), accompanied by all the relevant supporting documents (in particular photos). After this period and if these formalities are not respected, the Products will be deemed to be in conformity and free of any apparent defect and no complaint can be validly accepted by the Seller.

The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the lack of conformity or the apparent or hidden defects have been duly proven by the Customer, in accordance with the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these TOC.

 

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, except when the Customer has chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.

 

ARTICLE 6 - Transfer of ownership

 

The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the Products.

 

ARTICLE 7 - Right of withdrawal

 

According to the terms of Article L221-18 of the Consumer Code "

For contracts providing for the regular delivery of goods during a defined period, the period runs from the date of receipt of the first good.

The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other unambiguous statement expressing the desire to withdraw and in particular by mail addressed to the Seller at the postal or email address indicated in ARTICLE 1 of the TOC.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products are not accepted.

The cost of returning the Products will be borne by the Customer.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.

 

ARTICLE 8 - Seller's Liability - Warranties

 

The Products supplied by the Seller benefit from :

• the legal guarantee of conformity, for defective, damaged or damaged Products or not corresponding to the order,
• the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,

 

Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

“The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing 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 made his responsibility by the contract or was carried out under his responsibility.”

Article L217-5 of the Consumer Code

“The good is in conformity with the contract:

1° If it is fit for the purpose usually expected of a similar good and, where applicable :

- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;

- if it has the qualities that a buyer may legitimately expect in view of 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 between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.”

Article L217-12 of the Consumer Code

"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.”

Article 1641 of the Civil Code.

“The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price, if he had known about them.”

Article 1648 paragraph 1 of the Civil Code

“The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.”

Article L217-16 of the Consumer Code.

“When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer's request for service or from the date the goods in question are made available for repair, if this is after the request for service.”

In order to assert his rights, the Customer must inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products or of the existence of hidden defects from the moment of their discovery.

The Seller shall refund, replace or repair the Products or parts under warranty that are found 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, replacements or repairs of Products deemed to be non-conforming or defective will be made as soon as possible and at the latest within 30 days of the Seller's finding of the non-conformity or hidden defect. This refund may be made by bank transfer or cheque.

The Seller 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 the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
• The photographs and graphics presented on the site are not contractual and shall not engage the responsibility of the Seller.

The Seller's guarantee is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

 

ARTICLE 9 - Personal data

 

The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivering the Products. This personal data is collected solely for the purpose of executing the sales contract.

 

9.1 Collection of personal data

The following personal data is collected on the createdinchina.shop website:

 

Ordering Products:

When ordering Products by the Customer:

First name, last name, e-mail address, telephone number for delivery, bank payment details.

 

Payment

When paying for Products offered on the createdinchina.shop website, the website records financial data relating to the Customer's bank account or credit card.

 

9.2 Recipients of personal data

The personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sale and delivery of the Products.

The category(ies) of co-contractors is (are):

• Transport providers
• The providers of payment institutions

 

9.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act and as of 25 May 2018 of Regulation 2016/679 on the protection of personal data.

 

9.4 Limitation of processing

Unless the Customer expresses his express consent, his personal data shall not be used for advertising or marketing purposes.

 

9.5 Data retention period

The Seller shall keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.

 

9.6 Security and confidentiality

The Seller implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

 

9.7 Implementation of the rights of Customers and users

In accordance with the regulations applicable to personal data, Customers and users of the createdinchina.shop website have the following rights:

• They may update or delete the data concerning them in the following manner:

You can request to delete your personal data by email to

contact@createdinchina.shop.

• They can delete their account by writing to the e-mail address indicated in article 9.3 "Data controller"
• They can exercise their right of access to their personal data by writing to the address indicated in article 9.3 "Data controller"
• If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 "Data controller"
• They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Data controller"
• They may also request the portability of data held by the Seller to another service provider
• Finally, they may object to the processing of their data by the Seller

These rights, as long as they do not object to the purpose of the processing, may be exercised by sending a request by post or by e-mail to the Data Controller whose contact details are given above.

The data controller must provide a response within a maximum of one month.

If the Customer's request is refused, reasons must be given.

The Customer is informed that in the event of refusal, he/she may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to tick a box under which he agrees to receive informative and advertising e-mails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

 

ARTICLE 10 - Intellectual Property

 

The content of the createdinchina.shop website is the property of the Seller and its partners and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement of copyright.

 

ARTICLE 11 - Applicable law - Language

 

These TOC and the operations arising from them are governed by and subject to French law.

These TOC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

 

ARTICLE 12 - Disputes

 

For any complaint, please contact the customer service department at the Seller's postal or e-mail address indicated in ARTICLE 1 of these GTC.

The Customer is informed that he may in any case have recourse to conventional mediation, with the existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.

In this case, the designated mediator is

CNPM - MÉDIATION - CONSOMMATION

27, avenue de la Libération – 42400 SAINT-CHAMOND

http://cnpm-mediation-consommation.eu 

The Customer is also informed that he can also resort to the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising from the purchase and sale operations concluded in application of these TOC and which have not been settled amicably by the seller or by mediation, shall be submitted to the competent courts under the conditions of common law.

 

 

 

ANNEX I

Withdrawal form

 

 

Date ______________________

 

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on createdinchina.shop, except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms of Sale.

To the attention of EURL, Escargot Productions

49 Rue de Ponthieu, 75008, Paris

I hereby give notice of withdrawal from the contract for the following goods:

-  Order of (indicate date)

-  Order number: ...........................................................

-  Customer's name: ...........................................................................

-  Customer's address: .......................................................................

 

 

Customer's signature (only if this form is notified on paper)