Terms and conditions of sales

Terms and Conditions of Sale

online products At Enchanted Wood

Preamble

These general terms and conditions of sale apply to all sales concluded on the AU BOIS ENCHANTE website.

The website https://www.auboisenchante.fr is a service of :

- The sole proprietorship Jean-Luc Amilhat (AU BOIS ENCHANTE) SIRET 482 571 759 00018

- Self-Contractor Status

- located LES POULANGEONS 03150 SAINT GERAND LE PUY, FRANCE

- site URL: https://www. auboisenchante.fr

- e-mail: contact@auboisenchante.fr

- phone number: 0470437968

The AU BOIS ENCHANTE website sells the following products: Handcrafted wooden games and toys, paints and varnishes, handcrafted wooden pen..

The customer declares that he/she has read and accepted the general terms and conditions of sale prior to placing the order. The validation of the order is therefore worth acceptance of the general conditions of sale.

Article 1 - Principles

These terms and conditions express the entirety of the parties' obligations. In this sense, the buyer is deemed to accept them without reservation.

These general terms and conditions of sale apply to the exclusion of all other terms and conditions, and in particular those applicable for sales in stores or through other distribution and marketing channels.

They are accessible on the AU BOIS ENCHANTE website and will prevail, if necessary, over any other version or any other contradictory document.

Seller and Buyer agree that these terms and conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.

These terms and conditions are valid until December 31, 2022.

Article 2 - Contents

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the AU BOIS ENCHANTE website.

These purchases are for the following products: Handcrafted wooden games and toys, paints and varnishes, handcrafted wooden pen...

Article 3 - Pre-contractual Information

The buyer acknowledges that he/she has been informed, prior to placing the order and concluding the contract, in a legible and comprehensible manner, of the present general terms and conditions of sale and of all the information listed in article L. 221-5 of the consumer code.

The following information shall be conveyed to the buyer in a clear and understandable manner:

- the essential characteristics of the property;

- the price of the property and/or how the price is calculated;

- if applicable, any additional freight, delivery or postage charges and any other charges that may be due;

- in the absence of immediate performance of the contract, the date or time by which the seller undertakes to deliver the goods, regardless of price;

-information about the seller's identity, postal, telephone and electronic contact details, and activities, those relating to legal guarantees, the functionality of the digital content and, where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions.

Article 4 - The Order

The buyer has the possibility to place his order online, from the online catalog and by means of the form that appears there, for any product, within the limits of available stocks.

For the order to be validated, the buyer will have to accept, by clicking at the indicated place, the present general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method.

The sale will be considered final:

- after the seller has sent the buyer confirmation of acceptance of the order by email;

- and after the seller has collected the full price.

Any order implies acceptance of the prices and the description of the products available for sale. Any dispute on this point will intervene in the context of a possible exchange and guarantees mentioned below.

In certain cases, including failure to pay, incorrect address or other problem with buyer's account, seller reserves the right to block buyer's order until the problem is resolved.

For any question related to the follow-up of an order, the buyer can call the following phone number: 0470437968 (cost of a local call), on the following days and times: Monday to Friday, from 9am to 7pm and Saturday, from 9am to 12pm, or send an email to the seller at the following email address: contact@auboisenchante.fr.

Article 5 - Electronic Signature

The online provision of the buyer's credit card number and the final validation of the order will be considered as proof of the buyer's agreement:

-due date of the amounts due under the purchase order;

- signature and express acceptance of all transactions performed.

In case of fraudulent use of the bank card, the buyer is invited, as soon as this use is noticed, to contact the seller at the following phone number: 0470437968.

Article 6 - Order Confirmation

The seller provides the buyer with an order confirmation, via email.

Article 7 - Evidence of Transaction

The computerized registers, kept in the computer systems of the seller in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is made on a reliable and durable medium that can be produced as evidence.

Article 8 - Product Information

Products governed by these terms and conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered while stocks last.

Products are described and presented as accurately as possible. However, if errors or omissions may have occurred in this presentation, the seller cannot be held responsible.

Product photographs are not contractual.

Article 9 - Prices

Seller reserves the right to change its prices at any time but agrees to apply the current prices listed at the time of order, subject to availability at that time.

Prices are quoted in Euros. They do not take into account the delivery costs, invoiced in supplement, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.

If one or more taxes or contributions, particularly environmental ones, were to be created or modified, either upwards or downwards, this change could be reflected in the selling price of the products.

Article 10 - Method of Payment

This is an order with a payment obligation, which means that placing the order implies payment by the buyer.

To pay for his order, the buyer has, at his choice, all the payment methods made available by the seller and listed on the seller's website.

The buyer guarantees to the seller that he/she has the authorizations that may be necessary to use the method of payment chosen by him/her, during the validation of the order form.

The seller reserves the right to suspend any order management and any delivery in case of refusal of authorization of payment by credit card from the officially accredited organizations or in case of non-payment.

The seller reserves in particular the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially settled a previous order or with whom a payment dispute is being administered.

Payment of the price shall be made in full on the day of order, as follows:

- bank card

- paypal

-check

- wire transfer

Payment of the price may be made on a schedule, with the amount and installments to be paid over a period of time to be determined between the seller and the buyer on a case-by-case basis, as follows:

- credit card

Article 11 - Product Availability - Refund - Resolution

Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the homepage of the site, the shipping times will be, within the limits of available stocks, those indicated below.

Shipping times run from the date of order registration indicated on the order confirmation email.

For deliveries in Metropolitan France and Corsica, the delay is 2 days (p by Colissimo), 4 to 6 days (by Mondial Relay) from the day following the one when the buyer placed his order. At the latest, the deadline will be 30 working days after the conclusion of the contract.

For deliveries in French overseas departments and territories or another country, the delivery terms will be specified to the buyer on a case by case basis.

In the event of failure to comply with the agreed date or time of delivery, the buyer shall, before breaking the contract, enjoin the seller to perform the contract within a reasonable further period.

Failing to perform by the end of this new period, the buyer may freely break the contract.

The buyer shall complete these successive formalities by registered letter with acknowledgment of receipt or by writing on another durable medium.

The contract shall be deemed to be terminated upon receipt by the seller of the letter or writing informing him of such termination, unless the trader has performed in the meantime.

The buyer may, however, terminate the contract immediately, if the dates or deadlines seen above constitute for him an essential condition of the contract.

In this case, when the contract is terminated, the seller is obliged to reimburse the buyer for all sums paid, at the latest within 14 days from the date on which the contract was terminated.

Article 12 - Delivery Terms

Delivery means the transfer to the consumer of physical possession or control of the goods. Products ordered are delivered in the manner and time specified above.

Products are delivered to the address indicated by the buyer on the order form, the buyer will have to ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense.

The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the delivery person will leave a notice of passage in the mailbox, which will allow the package to be picked up at the place and time indicated.

If at the time of delivery, the original packaging is damaged, torn, open, then the buyer must check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reserve on the delivery slip (package refused because opened or damaged).

The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products...).

This verification is considered to have been completed once the buyer, or a person authorized by the buyer, has signed the delivery note.

The buyer will then have to confirm by registered mail these reserves to the carrier at the latest within two working days following the reception of the item(s) and transmit a copy of this mail by fax or simple mail to the seller at the address indicated in the legal mentions of the site.

If the products need to be returned to the seller, they must be requested to be returned to the seller within 14 days of delivery. Any claim made outside of this time frame will not be accepted.

The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions...).

Article 13 - Delivery Errors

The buyer shall file with the seller on the day of delivery or at the latest on the first business day following delivery, any claim of error of delivery and/or non-conformity of the products in kind or in quality with respect to the indications appearing on the order form.

Any claim made beyond this period will be rejected.

The claim may be made, at the buyer's option:

- by phone at the following number: 0470437968;

- by email to: contact@auboisenchante.fr.

Any claim not made in the rules defined above and within the time limits set will not be taken into account and will release the seller from any responsibility towards the buyer.

On receipt of the claim, the seller will assign an exchange number for the product(s) concerned and communicate it by e-mail to the buyer. The exchange of a product can only take place after the exchange number has been assigned.

In case of error of delivery or exchange, any product to be exchanged or refunded will have to be returned to the salesman as a whole and in its original packing, in Colissimo Recommandé, at the following address: LES POULANGEONS, 03150 SAINT GERAND LE PUY.

Return shipping costs are the responsibility of the seller.

Article 14 - Product Warranty

14-1 Legal warranty of conformity

The seller is the guarantor of the conformity of the goods sold to the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code.

In case of implementation of the legal guarantee of conformity, it is recalled that:

- the buyer has a period of 2 years from the delivery of the goods to act;

- the buyer may choose between repairing or replacing the good, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;

- the buyer does not have to prove the non-conformity of the good during the 24 months in case of new goods, following the delivery of the good.

14-2 Legal Warranty of Hidden Defects

In accordance with articles 1641 et seq. of the Civil Code, the seller is guarantor of hidden defects that may affect the sold good. It will be up to the buyer to prove that the defects existed at the time of the sale of the good and are of such a nature as to make the good unfit for the use for which it was intended.

This warranty must be implemented within two years of the discovery of the defect.

The buyer can choose between the resolution of the sale or a reduction of the price in accordance with article 1644 of the civil code.

Article 15 - Right of Withdrawal

Application of the Right of Withdrawal

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order, to return any item that does not suit him and ask for an exchange or refund without penalty, except for the return shipping costs which remain the responsibility of the buyer.

Returns must be made in their original and complete condition (packaging, accessories, instructions...) allowing their remarketing in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete products are not returnable.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the buyer.

Any other method of declaration of withdrawal is accepted. It must be unambiguous and express a willingness to withdraw.

In case of exercising the right of withdrawal within the above-mentioned period, the price of the product(s) purchased and the shipping costs are refunded.

Return shipping charges are the responsibility of the buyer.

The exchange (subject to availability) or refund will be made within 3 days, and at the latest, within 14 days from the receipt, by the seller, of the products returned by the buyer in the conditions provided above.

Exceptions

According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
- for the supply of goods whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;

-supply of goods made to the consumer's specifications or clearly personalized;

-supply goods that are likely to deteriorate or expire rapidly;

- of supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

- of supply of goods which, after delivery and by their nature, are inseparably mixed with other items

- the supply of alcoholic beverages the delivery of which is deferred beyond thirty days and the value of which agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;

- maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of the spare parts and work strictly necessary to meet the emergency;

- supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;

- the supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.

Article 16 - Force majeure

Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations shall be considered as causes for exoneration of the obligations of the parties and shall result in their suspension.

The party invoking the circumstances referred to above shall immediately notify the other party of their occurrence, as well as of their disappearance.

Force majeure shall be deemed to be any irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the parties, despite all reasonably possible efforts.

Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals:

blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, pandemic, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.

The parties shall approach each other to examine the impact of the event and agree on the conditions under which the performance of the contract shall be continued. If the force majeure event lasts longer than three months, these terms and conditions may be terminated by the aggrieved party.

Article 17 - Intellectual Property

The content of the website remains the property of the seller, who is the sole owner of the intellectual property rights to that content.

Buyers agree not to make any use of this content; any reproduction of this content in whole or in part is strictly prohibited and is likely to constitute an infringement of copyright.

Article 18 - Informatics and Freedoms

The nominative data provided by the buyer are necessary for the processing of his order and for the establishment of the invoices.

They may be communicated to the seller's partners in charge of the execution, processing, management and payment of orders.

The purchaser has a permanent right of access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the methods defined on the AU BOIS ENCHANTE website.

Article 19 - Partial Non-Validation

If one or more stipulations of the present terms and conditions are held to be invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent court, the other stipulations will retain all their force and scope.

Article 20 - Non-Waiver

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be construed for the future as a waiver of the obligation at issue.

Article 21 - Title

In the event of any difficulty in interpretation between any of the headings at the top of the clauses, and any of the clauses, the headings will be declared non-existent.

Article 22 - Language of Contract

These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

Article 23 - Mediation and Dispute Resolution

In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, we offer a consumer mediation scheme.

The mediation entity chosen is: CNPM - MEDIATION DE LA CONSOMMATION.

In the event of a dispute, you can file your claim on its website: https://cnpm-mediation-consommation.eu

or by mail by writing to:

CNPM - MEDIATION - CONSUMPTION - 27 avenue de la libération - 42400 Saint-Chamond "

Article 24 - Applicable Law

These terms and conditions are subject to the application of French law. The competent court is the judicial court.

This is true for both substantive and formal rules. In case of dispute or claim, the buyer will address in priority to the seller to obtain an amicable solution.

Article 25 - Protection of Personal Data

Collected data

The personal data that is collected on this site is as follows:

account opening: when creating the user's account, the user's first name; last name; email address; phone number; mailing address; Civility, date of birth

-login: when the user connects to the website, it records, among other things, the user's first and last name, connection data, usage data, location data and payment data;

-profile: the use of the services provided on the website allows the user to fill in a profile, which may include an address and a phone number;

-payment: as part of the payment of the products and services offered on the website, the website records financial data relating to the user's bank account or credit card;

-communication: when the website is used to communicate with other members, data regarding the user's communications is subject to temporary retention;

-cookies:cookies are used, as part of the use of the site. The user has the option to disable cookies from their browser settings.

Personal Data Usage

The personal data collected from users is for the purpose of providing the website services, improving them, and maintaining a secure environment. Specifically, the uses are as follows:

-user access and use of the website;

-managing the operation and optimization of the website;

- organizing the terms of use for Payment Services;

- verification, identification, and authentication of data transmitted by the user;

-providing the user with the ability to communicate with other website users;

- implementation of user support;

-personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;

- fraud prevention and detection, malware (malicious softwares) and security incident management;

- management of possible disputes with users;

- sending commercial and advertising information, based on user preferences.

Sharing personal data with third parties

Personal data may be shared with third-party companies, in the following cases:

- when the user uses payment services, for the implementation of these services, the website is in relation with third party banking and financial companies with which it has contracted;

- where the user publishes, in the open comment areas of the website, publicly available information;

- when the user allows a third party's website to access their data;

- when the website uses the services of providers to provide user support, advertising and payment services.

These service providers have limited access to the user's data, within the framework of the execution of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations regarding the protection of personal data;

- if required by law, the website may effect the transmission of data to follow up on claims made against the website and to comply with administrative and judicial proceedings;

- if the Website is involved in a merger, acquisition, asset sale, or receivership proceeding, it may be required to dispose of or share all or a portion of its assets, including personal data.

In this case, users would be informed, before personal data is transferred to a third party.

You have the option of registering for free on a BLOCTEL cold calling opposition list (www. bloctel.gouv.fr) in order to no longer be canvassed by phone by a professional with whom you have no current contractual relationship, in accordance with Law No. 2014-344 of March 17, 2014 on consumer affairs.

Any consumer has the opportunity to sign up for this list for free at https://conso.bloctel.fr/index.php/inscription.php.

Security and Privacy

The website implements organizational, technical, software and physical digital security measures to protect personal data from alteration, destruction and unauthorized access.

However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information over the internet.

Implementing User Rights

In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: contact@auboisenchante.fr.

- the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, the website may request proof of the user's identity in order to verify its accuracy.

- the right of rectification: if the personal data held by the website is inaccurate, they can request that the information be updated.

- data deletion right: users may request deletion of their personal data in accordance with applicable data protection laws.

- right to restrict processing: users can of request the website to restrict the processing of personal data in accordance with the assumptions provided for in the GDPR.

- right to object to data processing: users may object to their data being processed in accordance with the assumptions set out in the GDPR.

- the right to portability: they can demand that the website hand over the personal data provided to them for transmission to a new website.

Evolution of this clause

The website reserves the right to make any changes to this privacy clause at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its website.

The website will also notify users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the option to delete their account.

Appendix:

Withdrawal Form

(to be completed by consumer,

and to be sent by registered mail with return receipt,

within the maximum period of 14 days following the date of conclusion of the performance contract)

Appendix:

Consumer Code

Article L. 217-4 : "The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery.

He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his expense by the contract or has been carried out under his responsibility."

Article L. 217-5 : "The property conforms to the contract:

1° Whether it is fit for the purpose ordinarily expected of similar property and, if so:

- 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 purchaser may legitimately expect, having regard to public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter."

Article L. 217-6 : "The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them."

Article L. 217-7 : "Defects of conformity that appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months.

The seller can fight this presumption if it is not compatible with the nature of the goods or the claimed lack of conformity."

Article L. 217-8 : "The buyer shall be entitled to demand the conformity of the goods to the contract. He may not, however, contest conformity by invoking a defect which he knew or could not have been unaware of when he contracted. The same applies when the defect originates in materials that he himself supplied."

Article L. 217-9 : "In the event of a lack of conformity, the buyer chooses between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect.

The buyer is then obliged to proceed, unless this is impossible, according to the modality not chosen by the buyer."

Article L. 217-10 : "If the repair and replacement of the property are impossible, the buyer may return the property and have the price returned or keep the property and have part of the price returned. The same faculty is open to him:

1° If the solution requested, proposed or agreed upon pursuant to article L. 217-9 cannot be implemented within one month of the buyer's claim;

2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and the use they are seeking. The resolution of the sale may not, however, be pronounced if the lack of conformity is minor."

Article L. 217-11 : The application of the provisions of Articles L. 217-9 and L. 217-10 shall take place at no cost to the buyer. These same provisions do not prevent the awarding of damages.

Article L. 217-12 : "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods."

Article L. 217-13 : "the provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature that is recognized by law."

Article L. 217-14 : "The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, according to the principles of the civil code.

Article L. 217-15 : "The commercial guarantee means any contractual commitment by a trader to the consumer to reimburse the purchase price, replace or repair the goods or provide any other service in relation to the goods, in addition to his legal obligations to guarantee the conformity of the goods.

The commercial warranty shall be the subject of a written contract, a copy of which shall be given to the buyer.
The contract shall specify the content of the warranty, the terms of its implementation, its price, its duration, its territorial scope and the name and address of the guarantor.

In addition, it mentions in a clear and precise manner that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code.

The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the civil code are fully reproduced in the contract.

In case of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to avail himself of it."

Article L. 217-16 : "When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the duration of the warranty that remained to run.

This period shall run from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this is subsequent to the request for intervention."

Civil Code

Article 1641 : "The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use, that the buyer would not have acquired it, or would have given only a lesser price, if he had known them. "

Article 1648 : "The action resulting from redhibitory defects must be brought by the purchaser, within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year from the date on which the seller may be discharged from the defects or defects of conformity" apparent.