The GreenTomatoMedia Limited Seller is active in the sale of products and offers a distance selling service via the Internet. The customer declares that he has taken note of the following provisions before ordering the products. By choosing to purchase the products, the customer expressly and irrevocably accepts the terms set out below.
IDENTITY OF THE SELLER
Head office: FLAT A, 15/F Hillier commercial building 65-67 Bonham
Strand East, Sheung Wan, Hong Kong
The customer declares that he has the capacity to conclude this contract, the general terms and conditions of which are set out below, i.e. that he is of legal age and is not under guardianship or curatorship.
The regulations applicable to the proposed sale is that of distance selling in force in France to date, of which the Seller reminds the customer of the main terms below. The language used for the conclusion of the contract is French.
ACCESS TO THE WEBSITE
The customer is personally responsible for the installation of the computer and telecommunications means allowing access to the www.madameparis.fr website.
CHARACTERISTICS OF THE PRODUCTS
In accordance with article L 111-1 of the French Consumer Code, prior to placing an order, the customer may consult the essential characteristics of the product(s) he wishes to order on the www.madameparis.fr website. The Purchaser selects one or more products from the various categories offered on the www.madameparis.fr website. The photographs, graphics and descriptions of the products offered for sale are only indicative and are not binding on the seller. The photographs, graphics describing the products are the full and entire property of the Seller. No image may be used or exploited for commercial purposes. In the event that a supplier modifies a product, the graphic representation of the latter shall not engage the responsibility of the Seller or even affect the validity of the sale.
The offers presented on the www.madameparis.fr website are valid while stocks last. For products not stored in its warehouses, the offers presented on the www.madameparis.fr website are valid subject to availability at its suppliers. In the event of a stock shortage, the Seller will contact the customer, within three working days from the sending of the confirmation email, to propose, according to the Seller’s possibilities, what the customer already accepts, either a new deadline for receipt of the product, or a replacement product, of equivalent quality and price, or the cancellation of the order. In the event of cancellation of the order, the customer will be reimbursed without delay and at the latest within thirty days of payment of the sums paid.
REGISTRATION OF THE ORDER
In order to allow the customer to go back on his order before definitively validating it, the Seller has created two validation screens. To proceed with the order of a product, the customer first clicks on the “add to basket” button. A summary table of the customer’s “basket” appears on the screen, so that the customer can check the contents of his order. By then clicking on the “proceed to checkout” button, and after having checked the contents of the order in his or her “basket” and, if necessary, having modified it, the customer declares that he or she fully and unreservedly accepts all of these General Terms and Conditions of Sale. After confirming the content of his order, the customer will validate it definitively by payment. The order will only be definitive once the corresponding price has been paid.
CONFIRMATION OF THE ORDER
An email will be sent as soon as the order has been registered. By keeping this email and/or printing it, the customer has a proof of his order that the Seller recommends that he keeps. Attention: this email confirms that the customer’s order has been taken into account by the Seller and not that the product ordered is available.
PRICE, PAYMENT AND INVOICING
The prices of the Products are indicated in euros, inclusive of all taxes and shipping costs. The payment of the total price must be made at the time of the order by the customer. At no time may the sums paid be considered as a deposit or advance payment. All orders are payable in Euros. The selling prices of the products on www.madameparis.fr can be modified at any time by the Seller. This modification will be notified to the customer before any order is placed. The methods of payment accepted are credit card and electronic payment via the PayPal system. The customer guarantees to the Seller that he has the authorisations that may be necessary to use the payment method he has chosen when registering the order form. The Seller reserves the right to suspend or cancel any order and/or delivery, whatever their nature and level of execution, in the event of non-payment of any sum due by the customer, or in the event of a payment incident.
SHIPPING COSTS AND DELIVERY TIMES
11.1. SHIPPING COSTS
The buyer has the possibility to choose a type of delivery: tracked delivery. Except in cases of force majeure, the average delivery times are, within the limits of available stocks, those indicated below. Delivery times run from the date on which the product has left the Seller’s warehouse. In the event of delay, the Seller shall not be held liable for any reason whatsoever. Consequently, any overrun shall not give rise to damages, withholding or cancellation of the order by the customer. In any event, the products ordered will be delivered within a maximum period of twenty days from the day following the day on which the customer registered his order, subject to full payment of the price. In the event of non-delivery at the end of this period, the customer will have the option of cancelling the order. The sums paid by the customer will then be returned to him without delay, to the exclusion of any other compensation. In the event that the product ordered is then no longer available, the provisions set out in Article 7 shall apply. In the event of an exchange of product, the delivery costs will be borne by the consumer. In the event of a delay in delivery in relation to the date initially set, the customer shall notify the Seller in writing (mail, email) to enable the Seller to make an enquiry with the carrier. An investigation with the carrier may take up to 21 working days. If during this period, the product is found, it will be immediately re-routed to the delivery place indicated in the order form. On the other hand, if the product ordered is not found at the end of this 21-day investigation period, the Seller will proceed, at its own expense, with a new shipment of the products ordered by the customer.
11.2. INCORRECT DELIVERY ADDRESS
Packages are delivered to the so-called “delivery address”. This address is mentioned and entered by the buyer when registering the order. This address is then confirmed at the end of the order process on the summary page, then by e-mail on the order confirmation document. In the event of non-delivery of parcels for “NPAI” reasons (the recipient does not live at the address indicated), the order may be reshipped upon presentation of proof of residence less than 3 months old in the name and address of the recipient. Failing this, the Seller will invoice the customer again for the delivery costs corresponding to the order if the customer has requested reshipment.
GEOGRAPHICAL AREA OF DELIVERY
The Products offered for sale by the Seller are delivered in Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, France (metropolitan France, excluding DOM-TOM), Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.
VERIFICATION OF THE DELIVERED PRODUCTS
The customer is obliged to check the condition of the packaging and the conformity of the delivered product. In the event that the customer has reservations about the condition or contents of the package, he must refuse the goods by immediately notifying the Carrier’s agent of the anomaly. Any complaint about apparent defects or the non-conformity of the product delivered must be reported by the customer, within three working days from the date of receipt of the product by the customer, by sending: an e-mail to contact madameparis fr. In the absence of a complaint made within the aforementioned period, the products delivered will be deemed to be in conformity and accepted by the customer. No product may be exchanged before it has been reshipped and received by the Seller, in good condition, as delivered by the Seller. In particular, the product must not have been unsealed.
The withdrawal period granted to the customer on the purchase of goods, within the framework of the law, is fourteen clear days from the date of receipt of the order. During this period, the customer may return, at his own expense, without further penalty, the product(s) that do not suit him. The customer may then choose between, on the one hand, reimbursement of the totality of the sums paid, i.e. the price and delivery costs but not the return costs, which remain at the customer’s expense, in return for the reshipment of the product(s), and, on the other hand, the exchange of the product(s) ordered. It is understood that the product(s) returned at the customer’s expense must be in good condition, as delivered by the Seller. In particular, the product must not have been unsealed. Any product that is incomplete, damaged or whose original packaging has been damaged will not be refunded or exchanged. In principle, the costs of return in the event of exercising the right of withdrawal shall be borne by the customer. However, in the event of the exercise of the right of withdrawal following the supply by the Seller of a product equivalent to the product initially ordered, due to the unavailability of the product, the return costs will be borne by the Seller.
WARRANTY AND AFTER-SALES SERVICE
In any event, the customer benefits from the guarantee against hidden defects: thus, in the event of a manufacturing defect in the product making it unfit for use, the customer may contact the Seller’s after-sales service by sending an email to firstname.lastname@example.org.
GENERAL TERMS AND CONDITIONS OF REPAYMENT
Any refund payable by the Seller will be made in the form of a credit card refund, PayPal electronic refund or refund by cheque. The refund will be made as soon as possible, and at the latest within thirty days following the date on which the right to refund was exercised. By the very fact of receiving a refund, the consumer undertakes on his honour not to make any dispute or opposition to the transaction concerned by the refund to his bank or any other party, and undertakes not to do so within a period of one year. The consumer acknowledges being aware that any failure to comply with this obligation would expose him to retrocession of the sum unduly received, without prejudice to any damages that may be claimed from him by the Seller.
RETENTION OF TITLE
THE SELLER EXPRESSLY RESERVES OWNERSHIP OF THE GOODS DELIVERED UNTIL FULL PAYMENT OF THEIR PRICE IN PRINCIPAL AND INTEREST. THE MERE HANDING OVER OF A PAYMENT VOUCHER DOES NOT CONSTITUTE PAYMENT. THE ABOVE PROVISIONS DO NOT PREVENT THE TRANSFER TO THE CUSTOMER OF THE RISKS OF LOSS OR DETERIORATION. In the absence of full payment, the Seller shall be entitled to demand the return of the goods delivered. Any costs that may be incurred for this return shall be borne by the customer.
The Seller disclaims liability in the event of a breach of its contractual obligations in the event of force majeure or fortuitous events, including, but not limited to, natural disasters, fire, internal or external strikes, internal or external failures or breakdowns, and in general any event that does not allow the proper execution of orders. The Seller also disclaims liability when the non-performance or poor performance of the contract is attributable either to the customer or to the unforeseeable and insurmountable fact of a third party to the contract.
These general terms and conditions and the sections relating thereto represent all the rights and obligations of the parties concerning product orders on the Internet. No general or specific conditions communicated by the customer may be incorporated into these General Terms and Conditions of Sale.
INFORMATION TECHNOLOGY AND LIBERTIES
The information collected by the Seller during any customer order is necessary for the management of his order by the Seller and his commercial partners. In accordance with the French Data Protection Act No. 78-17 of 6 January 1978, the customer has the right to access, rectify, oppose and delete data concerning him/her with the Seller. The customer may receive offers from the Seller. If the customer does not wish to receive these offers, it may inform the Seller by email at email@example.com.