Article 1 – GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
These general conditions of sale are applicable exclusively to the online sale of products offered by the company M. J. GEBEL CREATION (hereinafter referred to as Label Histoire) via the site https://labelhistoire.fr/.
The GTC are available to customers on the Site where they are directly available and can also be communicated on request by any means.
The GTC are enforceable against the customer who acknowledges, by checking a box or clicking on the button provided for this purpose, to have knowledge and acceptance before placing an order. The validation of the order by its confirmation is membership by the buyer to the GTC in force on the day of the order whose preservation and reproduction are ensured by Label Histoire.
Article 2 – PRODUCTS
https://labelhistoire.fr/ is a site of online sales of household linen and accessories open to any person or entity using the Site https://labelhistoire.fr/ (the “Customer”).
The Products presented on the Site are each the subject of a description mentioning their essential characteristics. The photographs illustrating, if any, the products do not constitute a contractual document. The Products comply with the requirements of French law in force.
The Customer remains responsible for the modalities and consequences of his access to the Site, in particular via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain at the Customer’s expense. In addition, the Customer shall provide and be fully responsible for the equipment necessary to connect to the Site.
The Customer acknowledges having verified that the computer configuration he/she uses is secure and in working order.
Article 3 – ORDERS
Label Histoire strives to ensure optimal availability of its products. The offers of Products are valid within the limits of available stocks.
If despite the best efforts of Label Histoire, a Product would be unavailable after the Customer’s order, Label Histoire will inform the Customer by email as soon as possible and the Customer will have the choice between:
the delivery of a Product of a quality and price equivalent to that initially ordered, or
a refund of the price of the Product ordered within thirty (30) days of payment of the sums already paid.
It is agreed that apart from the refund of the price of the unavailable Product, if this option is requested by the Customer, Label Histoire is not required to any cancellation fee, unless the non-performance of the contract is personally attributable.
With the exception of any statement to the contrary contained in these Terms and Conditions and without prejudice to the right of withdrawal under applicable law, the Customer’s orders are firm and final.
When placing an order, the Customer must select the Products chosen, add them to his basket by indicating the Products selected and the quantities desired. The Customer has the possibility to check the details of his order and its total price, and to return to the previous pages to possibly correct the contents of his basket, before validating it.
The Customer undertakes to read the General Terms and Conditions of Sale in force at the time before accepting them and confirming the terms and conditions and any delivery and withdrawal charges prior to payment of the order. The confirmation of the order entails acceptance of the GSC and forms the contract.Les informations contractuelles relatives à la commande (dont notamment le n° de la commande) feront l’objet d’une confirmation par voie d’e-mail en temps utile et au plus tard au moment de la livraison.
Any email that will be sent to the Customer under an order will be to the email address that the Customer uses to identify himself in his customer area.
Label Histoire archives the contracts of sale of Products in accordance with applicable law. By making a request to the following address email@example.com, Label Histoire will give the Customer a copy of the contract subject of the request.
Any change in the order by the Customer after confirmation of the order is subject to the agreement of Label Histoire.
The information provided by the Customer when placing the order (including name and shipping address) is binding on him. Thus, the responsibility of Label Histoire can in no way be sought in the event that an error in placing the order would prevent or delay the delivery / delivery.
The Customer declares to have full legal capacity to engage under these Terms and Conditions.
Registration is open to adults and minors under the condition that they are under the supervision of a parent or guardian holding parental authority. Under no circumstances is registration authorized on behalf of third parties unless they are validly authorized to represent them (e.g. legal entity). Registration is strictly personal to each Customer.
Article 4 – PAYMENT TERMS AND SECURITY
The Customer expressly acknowledges that any order placed on https://labelhistoire.fr/ is an order with an obligation to pay, which requires the payment of a price against the supply of the Product ordered.
In any case, Label Histoire reserves the right to check the validity of the payment, before the shipment of the order, by all necessary means.
Label Histoire uses the online payment solutions Monetico Paiement (CIC) and Paypal.
Orders can be paid using one of the following payment methods:
Payment by credit card. The payment is made directly on the secure servers of the payment provider Monetico Paiement (CIC), the Customer’s bank details do not transit on the Site. The bank details communicated during the payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties.
The Customer’s order is registered and validated as soon as the payment is accepted by the payment provider Monetico Paiement (CIC).
The Customer’s account will be debited with the corresponding amount only when (i) the data of the bank card used has been verified and (ii) the debit has been accepted by the bank that issued the bank card.
The impossibility of debiting the amounts due will result in the immediate nullity of the sale.
In particular, the credit card may be refused if it has expired, if it has reached the maximum spending amount to which the Customer is entitled or if the data entered is incorrect.
Payment by Paypal. The Customer already has a Paypal account. The Customer can use this account and pay his order safely without communicating his bank details.
Article 5 – PAYMENT OF THE PRICE
The price of products in effect at the time of the order is indicated in euros all taxes included (TTC) excluding shipping and transportation. In case of promotion, Label Histoire agrees to apply the promotional price to any order placed during the period of advertising made for the promotion.
The price is payable in euros (€) exclusively. The price is payable in full after confirmation of the order. The prices offered include discounts and rebates that Label Histoire would have to grant.
If shipping or transportation costs apply, they will be added to the price of the Products and indicated separately before the validation of the order by the Customer. The total amount due by the Customer and its details are indicated on the order confirmation page.
The Customer’s attention is particularly drawn to the method of acceptance of the order placed on https://labelhistoire.fr/. When the Customer places an order, he/she must confirm it by “double-clicking”, i.e. after having selected the Products added to the basket, the Customer must check and possibly correct the contents of his/her basket (identification, quantity of products selected, price) and acknowledge acceptance of the General Sales Conditions. He then clicks on “Payment” to fill in his personal data useful for the processing of the order before validating them by clicking on “Continue to the shipping method”. Then he will choose his delivery method and click on “Continue to the payment method”. Finally he validates his order after having filled in his bank details. The “double click” is an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unconditional acceptance of the order by the Customer.
Article 7 – RESERVATION OF OWNERSHIP
Label Histoire remains the exclusive owner of the Products ordered on https://labelhistoire.fr/ until receipt of the full price, including any shipping costs.
Article 8 – SHIPPING AND DELIVERY
The online sales offers presented on the site are reserved for consumers residing in France or, where appropriate, in a member country of the European Union, and for deliveries in these same geographical areas as well as for the DOM TOM, England and Switzerland.
The international part overseas and out of the EU will be on quotation on a case by case basis integrating all costs associated with customs operations, including disbursements.
Delivery means the transfer to the Customer of the physical possession or control of the Product.
Orders placed on https://labelhistoire.fr/ are prepared and shipped within a maximum of 48 hours (excluding Saturdays, Sundays and public holidays in France), provided that the payment of the order has not been previously refused. Unless you subscribe to a particular service with a surcharge corresponding to the custom-made service (terms described when placing the order).
The delay is the same (48 hours maximum excluding Saturdays, Sundays and public holidays) for shipping to a point of sale or a retailer in the case of the use of click & collect.
Shipments are then transmitted and handled by a logistics provider (Ability – central logistics and transport) that delivers packages to the address specified by the customer when ordering. The responsibility of Label Histoire can not be held liable if the address provided by the Customer is incorrect, preventing or delaying delivery.
The Customer is informed by email of the shipment of his order.
The shipping costs are those specified during the finalization of the order and are accepted by the validation of the order.
The delivery times are announced in working days on the Site at the time of the order. These times include the preparation and shipment of the order as well as the time provided by the carrier.
However, if one or more Products could not be delivered within the time initially announced, Label Histoire will send an email indicating to the Customer the new delivery date.
Upon delivery, it may be asked to sign a receipt.
No delivery will be made to a post office box.
Upon delivery, it is the Customer’s responsibility to verify that the Products delivered are in accordance with his order and that the package is sealed and not damaged. If it is not the case, the Customer must imperatively indicate it on the delivery slip or send an e-mail to firstname.lastname@example.org.
If after 5 working days the Customer has not received his order, he will have to contact Ability. If it via its delivery tracking service has no trace of the package it will be appropriate for the Customer to send an email to the customer service of Label Histoire which will open a claim file with its supplier at email@example.com.
Article 9 – RETURN AND RIGHT OF WITHDRAWAL
If a Product delivered does not give full satisfaction to the Customer, the latter may return it to Label Histoire. The Customer will have thirty (30) days to do so from the date of receipt of the order. The Customer must send an email to firstname.lastname@example.org specifying the order number and the reason for return. Label Histoire will send the return procedure to the Customer to print the return form. A contribution to the cost of return will be requested from the Customer and is detailed in the inserts Delivery and Return. The refund will be made within fifteen (15) days taking into account the deduction of the contribution to the cost of return and will be made automatically on the account associated with the credit card used for the purchase or on the Paypal account used for payment.
The refund policy of Label Histoire is valid only for individuals. For businesses, products will not be returned or exchanged if they have been washed or used.
If the Customer has made a mistake in size or color when ordering, he can contact Label Histoire to proceed with the return of the Product. For this, the Product must not have been washed or used by the Customer and be in its original packaging. The Customer will have thirty (30) days to make the request for return from the date of receipt of the order. The Customer must send an email to email@example.com specifying the order number and the reason for return. Label Histoire will send the return procedure to the Customer to print the return form. A contribution to the cost of return will be requested from the Customer and is detailed in the inserts Delivery and Return. The refund will be made within fifteen (15) days taking into account the deduction of the contribution to the cost of return and will be made automatically on the account associated with the credit card used for the purchase or on the Paypal account used for payment.
Products with embroidery are unique and personalized. They can therefore be neither returned nor exchanged in accordance with Article L121-21-8 of the Consumer Code: “The right of withdrawal can not be exercised for contracts (…) for the supply of goods made to the specifications of the consumer or clearly personalized … “.
By accepting the present General Conditions of Sale, the Customer expressly acknowledges having been informed of the terms of return and withdrawal.
Article 10 – INTELLECTUAL PROPERTY AND LICENSE OF USE OF THE SITE
Label Histoire is the sole owner of all elements on the Site, including without limitation, all texts, files, images animated or not, photographs, videos, logos, designs, models, software, trademarks, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the “Elements”) which are protected by French and international laws and regulations relating to intellectual property.
Accordingly, none of the Elements of the Site may in whole or in part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, free of charge or against payment, by a Customer or by a third party, whatever the means and / or media used, whether known or unknown to date, without the prior express written permission of Label Histoire on a case by case basis, and the Customer is solely responsible for any unauthorized use and / or exploitation.
Label Histoire reserves the right to take any legal action against persons who have not complied with the prohibitions contained in this article.
ARTICLE 11 – LIABILITY AND WARRANTY
Label Histoire can not be held liable for breach of contract because of the Customer or because of an event qualified as force majeure by the competent courts or the unforeseeable and insurmountable fact of any third party to this.
The Client acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions on the Internet. Thus, Label Histoire does not guarantee that the Site and its services will operate without interruption or error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change the content and / or their presentation.
Label Histoire can not be held responsible for the use that would be made of the Site and its services by Customers in violation of these Terms and Conditions and the direct or indirect damage that this use could cause to a Customer or a third party. In particular, Label Histoire can not be held responsible for false statements made by a Customer and its behavior vis-à-vis third parties. In the event that the responsibility of Label Histoire would be sought because of such behavior of one of its Customers, the latter agrees to guarantee Label Histoire against any conviction against him and to reimburse Label Histoire for all costs, including legal fees, incurred in his defense.
Regardless of any additional contractual guarantee (commercial guarantee) that may be granted, the Products benefit from the legal guarantee of compliance provided in Articles L. 217-4 and following of the Consumer Code (including L. 217-4 to L. 217-14 of the Consumer Code), and the warranty of latent defects provided in Articles 1641 to 1649 of the Civil Code
ARTICLE 12 – PERSONAL DATA
The User is hereby informed that the personal data indicated as mandatory on the forms and collected as part of the service described herein are necessary for the use of the Site. Among the personal data of the User that the Operator collects from him may be
His name and surname
His email address
His postal address
His cell phone number
His fixed telephone number
His IP address (virtual address of his computer)
Label Histoire is committed to ensuring the protection of personal data of the Customer and all personal data obtained through the use of the services of the Site.
As such, each Customer is solely responsible for preserving the confidentiality of its login and password, and is solely responsible for all access to its Customer Account, whether authorized or not.
Label Histoire can not be held responsible for any action or damage done via the personal space of the Customer by a third party who had access to his login and password due to a fault or negligence attributable to the Customer. The Customer agrees to inform Label Histoire immediately when the Customer knows or suspects unauthorized use or unauthorized access to its personal space.
All personal data collected by Label Histoire are collected directly from the Customer and processed by Label Histoire to enable the implementation and management of services on the Site. These data may also be used to develop statistics to improve the services of the Site. These data may be transmitted to partners and suppliers of Label Histoire involved in the process of delivery, billing and management for the purpose of processing orders and for marketing management and customer relations.
Label Histoire respects the legislation on the protection of personal data.
ARTICLE 13 – REFERENCES
The Customer authorizes Label Histoire to mention the name of the Customer and / or its logo as a reference in its communication materials (brochure, website, business proposal, press relations, press release, press kit, internal communication, etc.).
ARTICLE 14 – GENERAL PROVISIONS COMPLETENESS OF THE PARTIES’ AGREEMENT
These Terms and Conditions constitute a contract governing the relationship between the Customer and Label Histoire. They constitute the entirety of the rights and obligations of the Company and Label Histoire relating to their purpose. If one or more provisions of these Terms were declared invalid pursuant to a law, regulation or following a final decision of a competent court, the other provisions will retain their full force and scope. In addition, the fact that one of the parties to these General Conditions does not take advantage of a breach by the other party of any of the provisions of these General Conditions shall not be interpreted as a waiver on its part to take advantage of such a breach in the future.
MODIFICATIONS OF THE CONDITIONS
Label Histoire reserves the right to modify at any time and without notice the content of the Site or the services available therein, and / or to cease temporarily or permanently to operate all or part of the Site.
In addition, Label Histoire reserves the right to modify at any time and without notice the location of the Site on the Internet, and these Terms and Conditions. The Customer is therefore required to refer to these Terms and Conditions before any use of the Site.
The Customer acknowledges that Label Histoire can not be held responsible in any way to him or any third party because of these changes, suspensions or cessations.
Label Histoire advises the Customer to save and/or print these Terms and Conditions for a safe and durable storage, and thus be able to invoke them at any time during the execution of the contract if necessary.
These Terms and Conditions are governed, interpreted and applied in accordance with French law.
ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER
The Customer acknowledges having carefully read the present General Conditions.
By registering on the Site, the Customer confirms that he/she has read the General Conditions and accepts them, thereby becoming contractually bound by the terms of these General Conditions.
The Terms and Conditions applicable to the Customer are those available at the date of the order, a copy of which dated to date can be given at its request to the Customer, it is therefore specified that any change in the Terms and Conditions that would be made by Label Histoire will not apply to any order made previously, unless expressly agreed by the Customer at the origin of a given order.
20 October, 2022 version