Terms of sale

Online sale of products to individual consumers

Preamble

These terms of sale apply to all sales concluded on the site perledecoton.com.

This site is operated by ZACLIE, a SARL with share capital of 5,000 euros, whose registered office is at 4 allée des Champs, 95270 Belloy-en-France, France.

• SIREN: 539 845 537 — SIRET: 539 845 537 00049
• RCS Pontoise, registered on 27 December 2023
• EU VAT number: FR82539845537
• Email: contact@perledecoton.com — Telephone: +33 1 34 71 88 21
• Publication director: Yoan Bensemhoun

The site sells the following products: home linen.

The customer declares having read and accepted these terms of sale before placing an order. Validating the order constitutes acceptance.

Article 1 — Principles

These general terms express the entirety of the parties' obligations. The buyer is deemed to accept them without reservation.

They apply to the exclusion of all other terms, and shall prevail over any other contradictory document.

The seller reserves the right to amend its general terms from time to time. The applicable version is the one in force on the day of the order.

Article 2 — Scope

These terms define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer.

They cover purchases delivered to mainland France and Corsica. For any delivery to French overseas territories or abroad, please write to contact@perledecoton.com before ordering.

Article 3 — Pre-contractual information

The buyer acknowledges having been given, prior to their order, in a legible and comprehensible manner, these terms and all the information listed in article L221-5 of the French Consumer Code: essential characteristics of the goods, price, delivery charges, delivery time, identity and contact details of the seller, legal guarantees and how to invoke them.

Article 4 — The order

The buyer places an order online from the catalogue, subject to available stock. Any unavailability is notified to them.

To validate their order, the buyer accepts these terms, chooses their address and delivery method, then validates their payment method.

The sale is final once the order acceptance confirmation has been sent by email and the full price has been collected.

In the event of non-payment, an incorrect address or any other problem with the buyer's account, the seller may hold the order until the matter is resolved.

For any question about tracking an order: +33 1 34 71 88 21, Monday to Friday from 9 am to 5 pm, or contact@perledecoton.com.

Article 5 — Electronic signature

Providing the bank card number online and the final validation of the order constitute proof of the buyer's agreement: enforceability of the sums due, signature and express acceptance of the transactions carried out.

In the event of fraudulent use of the bank card, contact us as soon as you become aware of it on +33 1 34 71 88 21.

Article 6 — Order confirmation

The seller sends the buyer an order confirmation by email.

Article 7 — Proof of the transaction

The computerised records kept in the seller's systems, under reasonable security conditions, are considered proof of communications, orders and payments. Purchase orders and invoices are archived on a reliable and durable medium.

Article 8 — Product information

The products governed by these terms are those appearing on the site and indicated as sold and shipped by the seller, subject to available stock.

They are described and presented as accurately as possible. Photographs are non-contractual: slight variations in shade may appear depending on the screen.

Article 9 — Prices

Prices are shown in euros, inclusive of all taxes. They do not include any delivery charges, which are shown before the order is validated.

The seller may change its prices at any time, but applies the rates in force at the time of the order.

Any creation or change of a tax, in particular an environmental tax, may be passed on to the sale price.

Article 10 — Payment method

Placing the order entails an obligation to pay.

The accepted payment methods are: bank card, PayPal and bank transfer. The buyer warrants that they hold the authorisations required to use the chosen method.

The seller may suspend processing of the order in the event of refusal of payment authorisation or of non-payment.

Payment is made in full on the day of the order.

Article 11 — Availability, refund, termination

For deliveries to mainland France and Corsica, the time is 4 days from the day following the order, by Colissimo. The maximum time is 30 working days after the conclusion of the contract.

Should the agreed time not be met, the buyer shall require the seller to deliver within a reasonable additional period. Failing performance on expiry of that period, the buyer may terminate the contract by registered letter or any written statement on a durable medium.

The buyer may terminate the contract immediately if the time limit was an essential condition for them.

The seller then refunds all sums paid no later than 14 days after termination of the contract.

Article 12 — Delivery arrangements

The products are delivered to the address given by the buyer, who must ensure it is accurate. Any parcel returned because of an incorrect or incomplete address is reshipped at the buyer's expense.

If the buyer is absent, a delivery notice allows the parcel to be collected at the place and within the time indicated.

If the packaging is damaged, torn or opened on delivery, the buyer must check the condition of the items, refuse the parcel in the event of damage and write a signed reservation on the delivery note, specifying the anomaly found.

This check is deemed to have been carried out as soon as the delivery note is signed.

Article 13 — Delivery errors

Any claim concerning a delivery error or a non-conformity must be made to the seller as soon as possible after delivery, by email to contact@perledecoton.com.

On receipt, the seller assigns an exchange number and communicates it by email. The exchange takes place only after that number has been assigned.

The product must be returned complete, in its original packaging, to: ZACLIE — 4 allée des Champs, 95270 Belloy-en-France, France. In this case the return costs are borne by the seller.

Article 14 — Legal guarantees

14-1 Legal guarantee of conformity. The seller guarantees that the goods conform to the contract (articles L217-4 et seq. of the French Consumer Code). The buyer has 2 years from delivery to act, may choose between repair and replacement subject to the cost conditions of article L217-17, and does not have to prove the non-conformity during the 24 months following delivery.

14-2 Guarantee against hidden defects. In accordance with articles 1641 et seq. of the French Civil Code, the seller guarantees against hidden defects that make the goods unfit for their purpose. This guarantee must be invoked within two years of discovering the defect. The buyer may choose between rescission of the sale and a reduction in the price.

Article 15 — Right of withdrawal

The buyer has 14 days from receipt of their order to return an item that does not suit them and request a refund or an exchange, without having to give a reason or bear a penalty.

The refund covers the price of the products and the initial delivery charges, at the rate of the cheapest standard delivery offered. Return costs remain the buyer's responsibility.

The refund is made using the same payment method as that used for the purchase, no later than 14 days after receipt of the returned products.

Returns must be complete and in their original condition — packaging, labels, instructions — allowing them to be resold as new. Products that are damaged, washed, soiled or incomplete are not accepted.

The right of withdrawal may be exercised using the form available on the site or by any unambiguous statement. An acknowledgement of receipt on a durable medium is sent to the buyer.

Exceptions. In accordance with article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for:

• goods made to the consumer's specifications or clearly personalised, in particular items embroidered to order;
• goods that have been unsealed after delivery and cannot be returned for hygiene reasons — which concerns duvets and pillows whose sealed packaging has been opened. These products remain refundable if their original packaging has not been unsealed;
• goods that, after delivery and by their nature, are inseparably mixed with other items.

Article 16 — Force majeure

Any circumstances beyond the control of the parties preventing the normal performance of their obligations are grounds for exemption leading to their suspension. The party invoking them must immediately inform the other of their occurrence and of their cessation.

The following are in particular considered cases of force majeure, in addition to those recognised by case law: the blocking of means of transport or supply, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks.

If the force majeure event lasts more than three months, these terms may be terminated by the injured party.

Article 17 — Intellectual property

The content of the site remains the property of the seller, sole holder of the intellectual property rights. Any reproduction in whole or in part is prohibited and may constitute an infringement offence.

Article 18 — Personal data

The data provided by the buyer is necessary to process their order and issue invoices. It may be passed on to the providers responsible for fulfilling, processing and taking payment for orders.

The purposes, legal bases, retention periods and recipients are detailed in our privacy policy. The buyer has a right of access, rectification, erasure, restriction, objection and portability, which they may exercise at contact@perledecoton.com.

Article 19 — Partial invalidity

If one or more provisions of these terms are held to be invalid, the others retain their full force and scope.

Article 20 — No waiver

The fact that one of the parties does not invoke a breach by the other shall not be interpreted for the future as a waiver of the obligation in question.

Article 21 — Headings

In the event of difficulty of interpretation between a heading and a clause, the headings shall be declared non-existent.

Article 22 — Language of the contract

These terms are drawn up in French. In the event of translation, only the French text is authoritative in the event of a dispute.

Article 23 — Mediation and dispute resolution

In the event of a dispute, the buyer shall first contact the seller to seek an amicable solution.

In accordance with article L616-1 of the French Consumer Code, ZACLIE has appointed the following consumer mediator:

[MEDIATOR DETAILS TO BE COMPLETED: name, postal address, website]

Recourse to the mediator is free of charge for the consumer and is only possible after a prior written complaint to the seller has gone without a satisfactory reply for two months.

Article 24 — Applicable law

These terms are governed by French law, both as to substance and as to form. The courts with territorial jurisdiction are determined in accordance with article R631-3 of the French Consumer Code.

Appendix — Statutory texts reproduced

Article L217-4 of the French Consumer Code:

"The seller shall deliver goods that conform to the contract and shall be liable for any lack of conformity existing at the time of delivery. It shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation where the latter was made its responsibility by the contract or was carried out under its responsibility."

Article L217-5:

"Goods conform to the contract: 1° If they are fit for the purpose usually expected of similar goods and, where applicable: if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; if they have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by its representative, in particular in advertising or labelling; 2° Or if they have the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, brought to the seller's knowledge and accepted by the latter."

Article L217-12:

"Action resulting from a lack of conformity is time-barred two years after delivery of the goods."

Article 1641 of the French Civil Code:

"The seller is bound by a warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so impair that use that the buyer would not have acquired it, or would have given a lower price for it, had they known of them."

Article 1648, first paragraph, of the French Civil Code:

"Action resulting from redhibitory defects must be brought by the acquirer within two years of the discovery of the defect."