ARTICLE 1– Scope of application
1.1. These general terms and conditions of sale apply, without restriction or reservation, to all sales concluded by Les Capuches à Mémé (the “Seller”) to consumers and non-professional buyers (the “Customers” or the “Customer”) desiring to acquire the products offered for sale by the Seller (the “Products”) on the website www.capuchesameme.com.
In particular, they specify the conditions for ordering, payment, delivery and management of any returns of Products ordered by Customers.
The Products offered for sale on the website www.capuchesameme.com are as follows:
The main characteristics of the Products, and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products are presented on the website www.capuchesameme.com.
The Customer is required to take note of it before placing any order. The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the website www.capuchesameme.com are non-contractual and do not engage the liability of the Seller. The Customer is required to refer to the description of each Product in order to know its attributes and main features.
Product offers are within the limits of available stocks, as specified at the time of placing the order.
The Seller’s contact details are as follows:
Les Capuches à Mémé
4 rue de Marivaux
1.2. 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.
These general terms and conditions of sale are accessible at any time on the website www.capuchesameme.com and will prevail, if applicable, over any other version or any other contradictory document.
The Customer declares that they have read these general terms and conditions of sale and accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure as well as the general terms and conditions of use of the website www.capuchesameme.com.
As these general terms and conditions of sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is the one in force on the website on the date of placing the order.
Unless proven otherwise, the data recorded in the Seller’s IT system constitutes proof of all transactions concluded with the Customer.
In accordance with the Data Protection Act of 6 January 1978, reinforced and supplemented by the RGPD (General Data Protection Regulation) which came into force on 25 May 2018, the Customer has the right to access, rectify, oppose, delete and transfer all of their personal data at any time by writing, by postal letter and proving their identity, to
Les Capuches à Mémé
4 rue de Marivaux
The validation of the order by the Customer constitutes acceptance without restriction nor reservation of these general terms and conditions of sale.
The Customer acknowledges that they have the capacity to contract and acquire the Products offered on the website www.capuchesameme.com.
The Products presented on the website www.capuchesameme.com are offered for sale in France only.
1.3. The modifications of these General Terms and Conditions of Sale are enforceable against users of the website www.capuchesameme.com as from their publication online and cannot be applied to transactions concluded previously.
ARTICLE 2 – Orders
2.1. It is the Customer’s responsibility to select the Products they wish to order on the website www.capuchesameme.com, from among all those displayed and offered for sale.
The contractual information relating to the Products is presented in French and will be the subject of a confirmation reiterating this contractual information, at the latest at the time of validation of the order by the Customer.
Product offers are valid as long as they are visible on the website, within the limits of available stocks. The sale will only be considered final after the Seller has sent the Customer confirmation of acceptance of the order by e-mail and after the Seller has received the full price.
2.2. The registration of an order on the Seller’s website is implemented when the Customer accepts these general terms and conditions of sale by ticking the box provided for this purpose and validates their order. The Customer has the possibility to check the details of their order, its total price, and to correct any errors before confirming their acceptance (article 1127-2 of the French Civil Code). This validation implies the acceptance of all these general terms and conditions of sale and constitutes proof of the sales contract. It is therefore the Customer’s responsibility to check the accuracy of the order and to immediately report any errors. Any order placed on the website www.capuchesameme.com constitutes the formation of a distance contract concluded between the Customer and the Seller. The latter 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. The Customer will be able to follow the progress of his/her order on the website www.capuchesameme.com.
2.3. In the event of cancellation of the order by the Customer after its acceptance by the Seller less than a minimum of 10 days before the date scheduled for the supply of the ordered Products, for any reason other than the exercise of the right of withdrawal or force majeure, a sum corresponding to 50% of the total amount of the purchase will be vested to the Seller and invoiced to the Customer, as damages in compensation for the damage thus suffered.
ARTICLE 3 – Prices
3.1. The Products are provided at the current prices displayed on the website www.capuchesameme.com when the order is registered by the Seller. Prices are expressed in Euros, excluding VAT and including VAT. The prices take into account any discounts that may be granted by the Seller on the website www.capuchesameme.com.
These prices are firm and cannot be revised during their period of validity, as indicated on the website. Outside of this period of validity, the Seller reserves the right to modify the prices at any time. They do not include processing, shipping, transport and delivery costs, which are invoiced in addition under the conditions indicated on the website and calculated before placing the order. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
3.2. In the case of an order upon quotation:
Specific orders from the Customer may be considered. If necessary, they will be the subject of a quote accepted by the latter in advance. Quotes prepared by the Seller are valid for a period of 30 days from the date of establishment.
The order on quote is deemed accepted only after the payment of a deposit of 50% of the amount of the order. An invoice is issued by the Seller and delivered to the Customer upon receipt of payment for delivery of the ordered Products.
ARTICLE 4 – Payment terms
4.1. The price is payable in cash, in full on the day the order is placed by the Customer, by means of secure payment and according to the following terms and conditions:
– by debit card: Visa, MasterCard, American Express, other debit cards
– by PayPal
Payment data is exchanged in encrypted mode using SSL protocol.
4.2. In the event of late payment and payment of sums due by the Customer beyond the above-mentioned deadlines, and after the date of payment appearing on the invoice sent to the Customer, late payment penalties calculated at the daily rate of 0.1% of the amount (including VAT) of the purchase price appearing on the said invoice shall be automatically and as of right vested to the Seller, without any prior formality or formal notice.
Late payment will result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Seller may bring against the Customer in this respect. Payments made by the Customer shall only be considered final after the Seller has actually collected the sums due.
Furthermore, the Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of pending orders placed by the Customer.
No additional costs higher than the costs incurred by the Seller for the use of a means of payment may be invoiced to the Customer.
ARTICLE 5 – Deliveries
5.1. Our products are delivered in the following way: followed letter or Colissimo.
In Metropolitan France
In Metropolitan France and Corsica: within 5 to 6 days.
Delivery charges: fixed fee 4.5 €.
The Seller offers delivery to the Customer from 100 € of purchase.
Abroad (outside France): within 5 to 10 days.
Delivery costs: fixed fee 9 €.
The Seller offers delivery to the Customer from 150 € of purchase.
5.2. Once the order has been validated by the Customer, the Seller is no longer able to modify or cancel it.
5.3. The Products ordered by the Customer shall be delivered in metropolitan France and throughout the World in accordance with the terms and conditions set forth below, to the address indicated by the Customer when ordering on the www.capuchesameme.com website.
5.4. Delivery consists of the transfer to the Customer of the physical possession or control of the Product.
The Products ordered will be delivered in a single delivery, except in special cases or unavailability of one or more Products.
The Seller undertakes to use their best efforts to deliver the products ordered by the Customer within the deadlines specified above. However, these deadlines are given for information purposes only. When a time limit is mentioned, if the Products ordered have not been delivered within this time limit after the indicative delivery date, for any reason other than force majeure or the Customer’s fault, the sale may be cancelled at the written request of the Customer under the conditions set out in Articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be refunded to them at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.
ARTICLE 6 – Transfer of ownership – Transfer of risks
The transfer of ownership of the Seller’s Products to the Customer shall only take place after full payment of the price by the latter, regardless of the delivery date of the Products.
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 at the time when the Customer physically takes possession of the Products, it being the responsibility of the latter to check that they are in perfect condition (with the exception of latent defects or deterioration) upon receipt, or to refuse delivery.
When delivery is performed by an independent carrier, the Products travel at the carrier’s risks, the Customer being obliged to check that they are in perfect condition (with the exception of latent defects or deterioration) upon receipt, or to refuse delivery.
ARTICLE 7 – Withdrawal right
7.1. In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from the receipt of the Product to exercise their right of withdrawal vis-à-vis the Seller, without having to justify reasons or pay any penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days at the latest following the notification to the Seller of the Customer’s withdrawal decision.
7.2. Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be returned to the market in brand-new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not accepted.
The right of withdrawal may be exercised online, using the withdrawal form available on the website www.capuchesameme.com, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other unambiguous statement expressing the intention to withdraw.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs are refunded; the return costs remain at the expense of the Customer.
The exchange (subject to availability) or refund will be made within fourteen (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 – Warranty
8.1. The Products sold on the website comply with the regulations in force in France and have performances compatible with non-professional use.
The Products supplied by the Seller benefit ipso jure and without additional payment, regardless of the right of withdrawal, and in accordance with legal provisions:
– the legal guarantee of conformity for Products that are visibly defective, damaged or broken or which do not correspond to the order,
– the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use,
under the conditions and in accordance with the procedures referred to in the box below and defined in the appendix to these General Terms and Conditions of Sale (Guarantee of Conformity / Hidden Defect Guarantee).
It is reiterated that as part of the legal guarantee of conformity, the Customer:
– has a period of two years from the delivery of the property to take action against the Seller;
– may choose between repairing or replacing the Product ordered, subject to the cost conditions set out in Article L 217-9 of the French Consumer Code;
– is exempted from providing proof of the existence of the lack of conformity of the Product during the six months following the delivery of the latter. This period is increased to twenty-four (24) months from March 18, 2016, except for second-hand goods.
8.2. The legal guarantee of conformity applies independently of the commercial guarantee which may cover the Product.
The Customer may decide to apply for the guarantee against hidden defects in the Product in accordance with article 1641 of the French Civil Code; in this case, they may choose between the cancellation of the sale or a reduction of the sale price in accordance with 1644 of the French Civil Code.
In order to assert their rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of fourteen (14) days from the delivery of the Products or the existence of hidden defects within the above-mentioned deadlines, and return the defective Products to the Seller in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller shall refund, replace or have repaired Products or parts under warranty deemed non-compliant or defective. Shipping costs will be refunded on the basis of the invoiced price and return costs will be refunded upon presentation of supporting documents. Refunds for Products found to be non-compliant or defective will be made as soon as possible and at the latest within fourteen (14) days of the Seller’s discovery of the lack of conformity or hidden defect. The refund will be made by crediting the Customer’s bank account or by bank cheque sent to the Customer.
8.3. The Seller’s liability shall not be engaged in the following cases:
– non-compliance with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to check,
– in the event of misuse, professional use, 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, accidents or force majeure.
The Seller’s warranty is, in any event, limited to the replacement or refund of non-conforming or defective Products.
ARTICLE 9 – Personal data protection
In accordance with law 78-17 of 6 January 1978 amended by law no. 2018-493 of 20 June 2018, it is recalled that the personal data requested from the Customer is necessary for the processing of their order and in particular for the preparation of invoices. This data may be communicated to any partners of the Seller responsible for the performance, processing, management and payment of orders. The processing of information communicated via the www.capuchesameme.com website meets the legal requirements for the protection of personal data, the information system used ensuring optimal protection of such data. In accordance with the national and European regulations in force, the Customer has a right of permanent access, modification, rectification, opposition, portability and processing limitation with regard to the information concerning them.
This right may be exercised under the conditions and in accordance with the procedures defined on the website www.capuchesameme.com.
ARTICLE 10 – Intellectual property
10.1 The content of the www.capuchesameme.com website 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 prohibited and may constitute an infringement of copyright.
10.2. Furthermore, the Seller retains ownership of all intellectual property rights to photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the Customer’s request) for the purpose of providing the Services to the Customer. The Client therefore undertakes to refrain from any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller, who may make it conditional to a financial counterparty.
ARTICLE 11 – Unforeseen events
11.1. These general terms and conditions of sale expressly exclude the legal regime of unforeseen events set out in Article 1195 of the French Civil Code for all transactions involving the Sale of the Seller’s Products to the Customer. The Seller and the Customer therefore each waive availing themselves of the provisions of Article 1195 of the French Civil Code and the contingency regime provided for therein, undertaking to assume their obligations even if the balance of the contract is disturbed by circumstances which were unforeseeable at the time the sale was concluded, even if their performance would prove excessively costly, and to bear all the economic and financial consequences thereof.
11.2. However, if the change in unforeseeable circumstances at the time the contract was concluded is definitive or lasts longer than 2 months, these terms and conditions shall be purely and simply annulled in accordance with the procedures defined in the article “Annulment due to unforeseen circumstances”.
ARTICLE 12 – Forced performance
12.1. In the event of a breach by either Party of its obligations, the non-defaulting Party shall have the right to request the forced performance of the obligations arising hereunder. In derogation from the provisions of Article 1221 of the French Civil Code, the creditor of the obligation may continue this forced performance after simple formal notice sent to the debtor of the obligation by registered letter with acknowledgement of receipt which has remained unsuccessful, whatever the circumstances, and even if there is a manifest disproportion between its cost to the debtor, in good faith, and its interest to the creditor.
12.2. The non-defaulting Party may, in the event of non-performance of any of the obligations incumbent on the other Party, request the termination of the contract in accordance with the procedures defined in the article “Termination of the contract”.
ARTICLE 13 – Non-performance exception
13.1. It is recalled that pursuant to Article 1219 of the French Civil Code, each Party may refuse to fulfil its obligation, even if it is due, if the other Party does not fulfil its obligation and if such non-performance is sufficiently serious, i. e. likely to jeopardize the continuation of the contract or fundamentally disturb its economic balance. The suspension of performance shall take effect immediately upon receipt by the defaulting Party of the notice of default sent to it to such end by the non-defaulting Party indicating the intention to apply the exception of non-performance until the defaulting Party has remedied the breach found, served by registered letter with acknowledgement of receipt or on any other durable written medium enabling proof of dispatch to be provided.
This exception of non-performance may also be used as a preventive measure, in accordance with the provisions of Article 1220 of the French Civil Code, if it is clear that one of the Parties will not fulfil its obligations on the due date and that the consequences of such non-performance are sufficiently serious for the non-defaulting Party.
13.2. This option is used at the risk of the Party taking the initiative.
The suspension of performance shall take effect immediately upon receipt by the alleged defaulting Party of notification of the intention to apply the exception of preventive non-performance until the alleged defaulting Party has fulfilled the obligation for which a future breach is evident, served by registered letter with acknowledgement of receipt or on any other durable written medium providing proof of dispatch.
13.3. However, if the impediment is definitive or lasts beyond thirty (30) days from the date on which the impediment was noted by registered letter, writ, etc., this Agreement shall be purely and simply terminated in accordance with the procedures defined in Article “Termination for breach by a party of its obligations”.
ARTICLE 14 – Force majeure
14.1. The Parties may not be held liable if the non-performance or delay in the performance of any of their obligations described herein results from a case of force majeure within the meaning of Article 1218 of the French Civil Code.
14.2. The Party which takes note of the event must immediately inform the other Party of its inability to perform its service, and prove this. The suspension of obligations may under no circumstances invoke liability for failure to perform the obligation in question, nor induce the payment of damages or late payment penalties. The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed fifteen (15) days. Consequently, as soon as the cause of the suspension of their mutual obligations has disappeared, the Parties shall make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the prevented Party shall notify the other Party of the resumption of its obligation by registered letter with acknowledgement of receipt or by any extrajudicial document.
14.3. If the impediment is definitive or exceeds a period of fifteen (15) days, these Presents shall be purely and simply cancelled in accordance with the procedures defined in the article “Termination for force majeure”. During this suspension, the Parties agree that the costs generated by the situation shall be divided in half.
ARTICLE 15 – Agreement termination
15.1. Termination due to unforeseen circumstances
Termination due to the impossibility to perform an obligation which has become excessively onerous may, notwithstanding the clause Termination for failure by a party to fulfil its obligations set out below, only take place thirty (30) days after the sending of a formal notice stating the intention to apply this clause, notified by registered letter with acknowledgement of receipt or any extrajudicial document.
15.2 Termination for non-performance of a sufficiently serious obligation
The Party which is the victim of the default may, notwithstanding the clause Termination for breach by a Party of its obligations set out below, in the event of a sufficiently serious breach of any of the obligations incumbent upon the other Party, notify the defaulting Party by registered letter with acknowledgement of receipt of the termination for fault of these Presents, fifteen (15) days after the sending of a formal notice to comply which has proved unsuccessful, pursuant to the provisions of article 1224 of the French Civil Code.
15.3. Termination for force majeure
The automatic termination due to force majeure, notwithstanding the clause Termination for breach by a party of its obligations set out below, may only take place fifteen (15) days after the sending of formal notice notified by registered letter with acknowledgement of receipt, or any extrajudicial document. However, this formal notice must mention the intention to apply this clause.
15.4. Termination for breach by a party of its obligations
In the event of non-compliance by either party with its obligations under the articles of this agreement, it may be terminated at the aggrieved party’s discretion. It is expressly understood that this termination for failure by a party to fulfil its obligations will take place automatically, the formal notice resulting solely from the non-fulfilment of the obligation, without any summons or formalities.
ARTICLE 16 – Mutual provisions in the event of termination
It is expressly agreed between the Parties that the debtor of an obligation to pay under this agreement shall be validly in default by the sole fact of the obligation being due, in accordance with the provisions of Article 1344 of the French Civil Code.
The services exchanged between the Parties from the conclusion of the contract to its termination can only be useful if the contract is fully performed, and will give rise to full restitution.
In any event, the aggrieved Party may initiate legal action for damages.
ARTICLE 17 – Applicable law – Language
These general terms and conditions of sale and the operations resulting therefrom are governed by and subject to French law. They are drafted in French. In the event that they are translated into one or more foreign languages, the French text alone shall prevail in the event of a dispute.
ARTICLE 18 – Disputes
18.1. All disputes to which the purchase and sale transactions concluded pursuant to these general terms and conditions of sale may give rise, with regard to their validity, construction, performance, termination, consequences and future developments and which have not been resolved amicably between the seller and the customer shall be submitted to the competent courts under common law conditions.
The Customer is informed that they may in any event resort to conventional mediation, in particular with the Commission de la médiation de la consommation [Consumer Mediation Commission] (article L 612-1 of the French Consumer Code).
18.2. A Customer who realizes that a violation of the GDPR has been committed has the possibility of mandating an association or body mentioned in IV of Article 43 ter of the Data Protection Act of 1978 in order to obtain compensation against the data controller or processor before a civil or administrative court, or before the commission nationale de l’informatique et des libertés [French data protection authority].
The fact that a natural person (or legal entity) orders on the website www.capuchesameme.com implies full acceptance of these General Terms and Conditions of Sale and obligation to pay for the Products ordered, which is expressly acknowledged by the Customer. The latter waives, in particular, the right to rely on any contradictory document which may not be enforceable against the Seller.
Provisions relating to legal guarantees
Article L217-4 of the French Consumer Code:
The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. They shall also be liable for non-conformities resulting from packaging, assembly instructions or installation where the latter was under its responsibility under the contract or has been carried out under its responsibility
Article L217-5 of the French Consumer Code:
To be in conformity with the contract, the good must:
– Be suitable for the use usually expected of a similar good and, if applicable:
– correspond to the description given by the seller and possess the qualities which the seller has presented to the buyer in the form of a sample or model
– have the characteristics which a buyer can legitimately expect in view of public statements made by the seller, producer or their representative, in particular in advertising or labelling
– Or have the characteristics defined by mutual agreement between the parties or be 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 French Consumer Code:
The action resulting from the non-conformity shall be barred after two years from the date of delivery of the goods.
Article L217-16 of the French Consumer Code:
Where the buyer requests from the seller, during the course of the commercial guarantee granted to them when acquiring or repairing movable property, a repair covered by the guarantee, any period of immobilization of at least seven days shall be added to the duration of the guarantee which remained to run. This period shall run from the date of the buyer’s request for intervention or the date on which the goods in question are made available for repair, if such availability is subsequent to the request for intervention.
Article 1641 of Civil Code:
The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if they had known of them.
Articles 1648 paragraph 1 of the French Civil Code:
The action resulting from the redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.