General conditions of sale - consumers
Article 1 - Entirety
The present general conditions express the entirety of the obligations of the parties. 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 conditions, and in particular those applicable to sales to professionals.
They are accessible on the CORALIE BEAUCHAMP website https://coraliebeauchamp.com/vente/conditions.html and shall prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general conditions exclusively govern their relationship.
The seller reserves the right to modify its general conditions from time to time. They shall be applicable as soon as they are published 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.
The present general terms and conditions of sale are valid until 31 December 2021.
Article 2 - Content
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 CORALIE BEAUCHAMP website https://coraliebeauchamp.com/vente/.
These purchases concern the CORALIE BEAUCHAMP creations offered to the public from time to time via its internet site.
The buyer declares that he/she has read these general terms and conditions of sale and has accepted them before his/her immediate purchase or placing of his/her order. In this respect, they are opposable to him in accordance with the terms of the article 1119 of the civil code.
Article 3 - Pre-contractual information
3.1 The buyer acknowledges having been provided, prior to placing his/her order and concluding the contract, in a legible and comprehensible manner, with these general terms and conditions of sale and with all the information listed in article L. 221-5 of the French Consumer Code.
3.2 The following information shall be provided to the buyer in a clear and comprehensible manner:
- the essential characteristics of the goods sold;
- the price of the goods;
- in the absence of immediate execution of the contract, the date or period within which the service provider undertakes to deliver the goods, regardless of their price;
- information relating to the identity of the service provider, its postal, telephone and electronic contact details, and its activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence of guarantees and other contractual terms and conditions and the manner in which they are to be implemented.
3.3 The seller shall provide the buyer with the following information:
- its name or corporate name, the geographical address of its establishment and, if different, that of its registered office, its telephone number and its e-mail address;
- the terms of payment, delivery and performance of the contract, as well as the arrangements made by the trader for dealing with complaints;
- in the case of a sale, the existence of and procedures for exercising the legal guarantee of conformity provided for in Articles L. 217-1 et seq. of the Consumer Code, the guarantee against hidden defects provided for in Articles 1641 et seq. of the Civil Code and, where applicable, the commercial guarantee and after-sales service referred to respectively in Articles L. 217-15 and L.217-17 of the Consumer Code;
- the duration of the contract, when it is concluded for a fixed term, or the conditions for its termination in the case of a contract for an indefinite term.
3.4 The seller shall indicate, with regard to the digital content:
- any relevant interoperability of that content with certain hardware or software of which the trader has or ought reasonably to have knowledge.
Article 4 - The order
The buyer has the possibility of placing an order for the CORALIE BEAUCHAMP creation online, within the limits of available stocks.
In order for the order to be validated, the buyer must accept, by clicking in the indicated place, the present general conditions. He must also choose the address and the delivery method, and finally validate the payment method.
The sale will be considered final :
- after the sending to the buyer of the confirmation of the acceptance of the order by the seller by e-mail;
- and after the seller has received the full price.
Any order implies acceptance of the prices and descriptions of the products available for sale.
Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below.
In certain cases, notably non-payment, incorrect address or other problem on the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.
The cancellation of the order and its possible reimbursement will then be made.
For any question relating to the follow-up of an order, the buyer must call +33 6 11 69 56 35.
Article 5 - Electronic signature
The online provision of the buyer’s credit card number and the final validation of the order shall be considered proof of the buyer’s agreement:
- The sums due under the order form are payable;
- signature and express acceptance of all operations carried out.
In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is noticed, to contact PayPal on the following interface: https://www.paypal.com/fr/smarthelp/home
Article 6 - Order confirmation
The seller provides the buyer with a copy of the invoice, confirming the express commitment of the parties.
Article 7 - Proof of the transaction
The computerised registers, kept in the seller’s computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. Invoices are archived on a reliable and durable medium that can be produced as proof.
Article 8 - Information on CORALIE BEAUCHAMP creations
The CORALIE BEAUCHAMP creations governed by these general conditions are those which appear on the seller’s website and/or via a link from the "beauchampcoralie" Instagram account and which are indicated as being sold and shipped by the seller. They are offered while stocks last.
The creations are described and presented with the greatest possible accuracy.
However, if errors or omissions have occurred in this presentation, the seller cannot be held responsible.
The photographs of the products are not contractual.
Article 9 - Prices
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force at the time of the order, subject to availability on that date.
The prices are indicated in euros. They do not take into account delivery costs, which are invoiced in addition, unless the creations can be delivered within Paris. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online shop. The payment of the totality of the price must be carried out at the time of the order. At no time may the sums paid be considered as a deposit or advance payment.
If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, either upwards or downwards, this change could be reflected in the selling price of the products.
The price is payable in full and in one instalment when the order is placed, via PayPal or any other similar method of payment that the seller may decide to set up.
Article 10 - Method of payment
This is an order with a payment obligation, which means that placing the order implies payment by the buyer.
In order to pay for the order, the buyer has the choice of all the payment methods made available by the seller and listed on the seller’s website.
The buyer guarantees the seller that he/she has the necessary authorisations to use the method of payment chosen by him/her when validating the order form. The seller reserves the right to suspend any order processing and any delivery in the event of refusal to authorise payment by credit card by the officially accredited organisations or in the event of non-payment.
Payment of the price is made in cash when the order is placed, via PayPal or any other similar method of payment that the seller may decide to set up.
Payments made by the buyer will only be considered as final after the seller has received the sums due.
Article 11 - Product availability - Refunds - Resolution
Except in cases of force majeure or during periods when the online shop is closed, which will be clearly announced on the home page of the site, the delivery times will be, within the limits of available stocks, those indicated below. The delivery times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in mainland France, the maximum delivery time is forty-five (45) working days from the day following the day on which the buyer placed the order.
In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before cancelling the contract, request the seller to execute the contract within a reasonable additional period.
If the Seller fails to do so within this further period, the Buyer may freely withdraw from the contract.
The buyer must complete these successive formalities by registered letter with acknowledgement of receipt or in writing on another durable medium.
The contract shall be deemed to be terminated on 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, immediately withdraw from the contract if the dates or periods referred to above are an essential condition of the contract for him.
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 of the date on which the contract was terminated.
In accordance with Article L. 242-4 of the Consumer Code, where the trader has not reimbursed the sums paid by the consumer, the sums due shall automatically be increased by:
- the legal interest rate if the reimbursement is made no later than 10 days after the expiry of the 14 days period stated above;
- 5% if the delay is between 10 and 20 days;
- 10% if the delay is between 20 and 30 days;
- 20% if the delay is between 30 and 60 days;
- 50% if the delay is between 60 and 90 days;
- and five additional points for each further month of delay up to the price of the product, and then the legal interest rate.
Article 12 - Terms of delivery
Delivery means the transfer to the consumer of physical possession or control of the goods. It is only made after confirmation of payment by the seller’s bank.
The products ordered are delivered according to the following methods: by Chronopost, within a maximum of forty-five (45) working days from the payment of the order.
No deliveries are made to post office boxes and leftover post offices. The products are delivered to the address indicated by the buyer on the invoice, the buyer must ensure that it is correct. Any parcel 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 deliveryman will leave a notice in the letterbox, which will allow the buyer to collect the parcel at the place and during the time indicated.
If at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery slip (parcel refused because opened or damaged).
The buyer must indicate on the delivery form and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery form, damaged package, broken products...).
This verification is considered to have been carried out as soon as the buyer, or a person authorised by him/her, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the site’s legal notices.
If the products need to be returned to the seller, they must be the subject of a request for return to the seller within seven (7) days of delivery. Any claim made after this period cannot be accepted.
The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Article 13 - Delivery errors
The purchaser must submit to the seller on the day of delivery or at the latest on the first working day following delivery, any claim of error in delivery and/or non-conformity of the creations in relation to the indications on the invoice. Any claim made after this deadline will be rejected.
The claim can be made, at the buyer’s choice:
- telephone number: +33 6 11 69 56 35
- e-mail address: firstname.lastname@example.org
Any claim not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the seller from any liability towards the buyer.
In case of delivery error or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by Chroponost, to the following address CORALIE BEAUCHAMP 65, rue de Turbigo 75003 PARIS. The return costs are at the seller’s expense.
Article 14 - Transfer of risks
Ownership of the item sold is transferred to the buyer as soon as the parties agree on the item and the price. Consequently, the transfer of ownership of the products and of the risks of loss and deterioration relating thereto is carried out, at the buyer’s expense, as soon as the order is accepted by the seller.
Article 15 - Guarantee of creations
Article 15.1 - Legal guarantee
CORALIE BEAUCHAMP 65, rue de Turbigo 75003 PARIS is the guarantor of the conformity of the goods to the contract, enabling the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the French Consumer Code or the guarantee of defects in the item sold within the meaning of Articles 1641 et seq. of the French Civil Code.
In the event of implementation of the legal guarantee of conformity, it is recalled that: - the purchaser benefits from a period of 2 years from the delivery of the goods to act;
- the buyer may choose between repairing or replacing the goods, subject to the cost conditions provided for in article L. 217-17 of the Consumer Code;
- the buyer is exempted from proving the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods;
- the legal guarantee of conformity applies independently of the commercial guarantee indicated below;
- the buyer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.
Article 15.2 - Commercial guarantee
- The creations sold are also covered by a commercial guarantee for a period of two (2) years from the conclusion of the contract, aimed at guaranteeing their conformity and ensuring the reimbursement of the purchase price, the replacement or repair of the creations.
- It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to its intrinsic qualities.
- The preceding provisions are not exclusive of the application of the legal guarantee of conformity of article L. 217-4 of the consumer code and the guarantee of defects of the thing sold of articles 1641 and following of the civil code.
- The buyer is expressly informed that the seller is not the producer of all of the creations presented within the meaning of law n° 98-389 of 19 May 1998 relating to liability for defective products.
Article 16 - Right of withdrawal
As CORALIE BEAUCHAMP’s creations are made at the request of the purchaser, are clearly personalised and are of a high-end nature, orders cannot therefore be subject to a right of withdrawal, in accordance with Article L121-21-28 of the Consumer Code.
Article 17 - Force majeure
Any circumstances beyond the control of the parties that prevent the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the obligations of the parties and shall result in their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence and their disappearance.
All facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as force majeure. Expressly, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties shall meet to examine the impact of the event and agree on the conditions under which the performance of the contract shall be continued. If the case of force majeure lasts for more than three months, these general conditions may be terminated by the injured party.
Article 18 - Intellectual property
The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, who is the sole owner of the intellectual property rights on this content.
Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement of copyright.
Article 19 - Protection of personal data
The information collected on the buyer is subject to computer processing by CORALIE BEAUCHAMP and is essential for the processing of his/her order.
This information and personal data are also kept for security purposes, in order to comply with legal and regulatory obligations. They will be kept as long as necessary for the execution of the ordered creations and the possible applicable guarantees. The person in charge of data processing is Coralie BEAUCHAMP 63 rue de Turbigo 75003 Paris - Tel +33 6 11 69 56 35 - e-mail: email@example.com.
Access to personal data will be strictly limited to CORALIE BEAUCHAMP’s employees, authorised to process them by virtue of their functions. The information collected may be communicated to third parties linked to the company by contract for the execution of subcontracted tasks, without the buyer’s authorisation being necessary.
In accordance with the law n° 78-17 of January 6, 1978 relating to data processing, files and freedoms, as modified by the law n° 2004-801 of August 6, 2004, and by the European Regulation n°2016/. 679, the buyer has the right to access, rectify, delete and port his or her personal data, as well as the right to object to the processing for a legitimate reason. These rights may be exercised by contacting the data controller at the postal or e-mail address mentioned above, enclosing valid proof of identity.
In the event of a complaint, the customer may contact the Commission Nationale de l’Informatique et des Libertés (CNIL).
Article 20 - Partial invalidation
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope.
Article 21 - 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 conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 22 - Title
In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles shall be declared non-existent.
Article 23 - Language of the contract
The present general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
Article 24 - Mediation
The buyer may have recourse to conventional mediation, in particular with the Commission for Consumer Mediation or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
He may thus contact the mediator of the CMAP of Paris 39, Avenue Franklin D. Roosevelt 75008 Paris, Tel 01 44 95 11 40 firstname.lastname@example.org
Article 25 - Applicable law
The present general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer shall first contact the seller to obtain an amicable solution.
ANNEX 1 - Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
"The seller delivers goods that conform to the contract and is responsible for any defects in conformity existing at the time of delivery.
He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L217-5 of the Consumer Code
"The good is in conformity with the contract:
1° If it is fit for the purpose usually expected of a similar good and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the Consumer Code
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L217-16 of the Consumer Code
"When the buyer asks the seller, during the course of the commercial guarantee that was granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run.
This period shall run from the date of the buyer’s request for service or from the time the goods in question are made available for repair, if this is after the request for service.
Article 1641 of the Civil Code
"The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it was intended, or which reduce this use so much that the buyer would not have acquired it, or would only have given a lesser price, if he had known about them.
Article 1648 of the Civil Code
"The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller may be discharged from the defects or apparent lack of conformity.