General conditions of sale
1. IDENTIFICATION AND DEFINITIONS
- CREATURE MARSEILLE - The Seller : CREATURE MARSEILLE SAS, registered in the MARSEILLE Trade and Companies Register under number 928 448 695.
Contact :
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Postal address : 33 rue Paul Codaccioni, 13007 Marseille
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Email address: pauline@creature-marseille.com
- Site: Refers to the merchant website accessible at the address www.creature-marseille.com
- Article : Refers to the product on sale on the Site.
- Customer : non-commercial natural or legal person placing the Order and holding full legal capacity.
- Order : commitment to purchase all of the Items selected by the Customer via the Site's e-commerce service.
2. APPLICATION OF THE GENERAL CONDITIONS OF SALE
These general terms and conditions of sale (the “ GTC ”) apply exclusively, without restriction or reservation, to any Order for an Article placed via the Site by any Customer with CREATURE MARSEILLE.
Given possible changes to the Site and regulations, CREATURE MARSEILLE reserves the right to modify the T&Cs at any time. The new T&Cs will, where applicable, be brought to the attention of the Customer by online modification. The general terms and conditions of sale applicable to any sale are those appearing on the Site at the time the Order is placed.
Any Order on the Site is subject to consultation and prior and unreserved acceptance by the Customer of the General Terms and Conditions and applicable prices.
Validation of an Order following the order procedure offered on the Site constitutes acceptance of the General Terms and Conditions and associated costs.
These T&Cs take precedence over any other document.
3. ORDERING AND PURCHASING ON THE SITE
3.1 ELIGIBILITY
In order to place an order on our website, you must have the legal capacity to do so and not purchase a product with the intention of reselling it.
3.2 HOW TO ORDER
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Visit our website www.creature-marseille.com and find the products you wish to order.
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Add the products to your cart by clicking the “Add to Cart” button.
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Once you have finished your selection, hover your mouse over your shopping cart and check its contents. Confirm by clicking the "Payment" button.
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If you already have an account in our online store, log in using your email address and password in the "Log in" section.
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If you do not yet have an account in our online store, you can enter your email address in the "Your email" section and click the "Continue" button.
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Choose a delivery method. For more information, refer to articles 6 and following.
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Double check your delivery and billing addresses
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Choose your payment method and proceed to payment. For more information, refer to articles 4 and following.
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Check your order.
Validation of the Order by the Customer constitutes confirmation of the Customer's acceptance of the General Terms and Conditions of Sale, of the Items purchased as described in the photos, of their price as well as of the associated costs.
After validation of the payment, CREATURE MARSEILLE sends the Customer an email confirming their Order.
All Orders are subject to prior acceptance by CREATURE MARSEILLE and are only definitively confirmed after the Customer has received an email confirming the shipment of the Item(s). The Customer formally accepts the use of email for confirmation by CREATURE MARSEILLE of the contents of their Order.
The Customer may obtain the invoice relating to any Order by sending an e-mail specifying the number of the Order concerned to pauline@creature-marseille.com
If the Customer does not receive any email following their Order, they should contact CREATURE MARSEILLE customer service: pauline@creature-marseille.com
CREATURE MARSEILLE cannot be held responsible in any way in the event of an input error or transmission of an input error preventing the delivery of the confirmation email and/or the Articles.
For any questions relating to the tracking of an Order, the Customer must consult their Account on the Site or contact customer service: pauline@creature-marseille.com
CREATURE MARSEILLE reserves the right to remove any Item displayed on the Site at any time and to replace or modify any content or information contained therein. Despite CREATURE MARSEILLE's best efforts to meet its customers' expectations, it may be necessary for the latter to refuse to process an order after having sent the Customer the confirmation email summarizing the Order.
CREATURE MARSEILLE cannot be held liable to the Customer or a third party for the decision to remove an Item from the Site, or for the decision to replace or modify any content or information appearing on this Site, or for the refusal to process an Order after sending the confirmation email summarizing the Order.
3.3 REFUSAL OF AN ORDER OR CANCELLATION OF A PURCHASE
CREATURE MARSEILLE reserves the right to refuse an order for just cause.
CREATURE MARSEILLE also reserves the right to cancel a purchase (order accepted) for just cause.
Justified refusals of orders and cancellations of purchases do not give rise to any compensation, but to the reimbursement of the price of the products if this has been paid.
Justifiable reasons include: product not available in stock; incorrect or unverifiable bank details; order identified as unusual or likely to be fraudulent; we have reason to believe that your purchase is intended for resale; the sale price indicated on the website contained an error; the address you provided to us does not fall within the geographical delivery area; we have reason to believe that you wish to plagiarize our products.
3.4 DATA CONTROL
CREATURE MARSEILLE reserves the right to control the personal and banking data that you provide when creating your account or placing any order.
4. PRICE AND PAYMENT
4.1 PAYMENT METHODS
Payment by credit card:
For this type of transaction CREATURE MARSEILLE uses the services of Stripe.
4.2 RESERVATION OF OWNERSHIP
CREATURE MARSEILLE retains ownership of its products until full payment of the price of its products has been received.
4.3 PRICE
The prices of the Articles are indicated on the Site in Euro, value added tax (“VAT”) included, but excluding:
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shipping costs, the amount of which is specified before validation of the Order on the Site in the “Deliveries and Returns” section;
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customs fees and other taxes, which must be paid by the Customer directly to the carrier; and
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additional costs related to possible costs of converting a foreign currency, depending on the payment method chosen by the Customer
Prices take into account any reductions applicable on the day of the Order.
Any new taxes or contributions, particularly environmental ones, may be reflected in the sale price of the Items.
CREATURE MARSEILLE reserves the right to modify the prices of the Articles at any time, the Articles being invoiced on the basis of the rates in effect at the time of validation of each Order, subject to availability.
The price of the Items invoiced to the Customer is the price indicated in the Order confirmation sent to the Customer by email.
Shipping costs are not included in the prices indicated on the products. Shipping costs depend on the chosen delivery method and the delivery location. Shipping costs must be added to the product prices to calculate the total amount to be paid.
For international deliveries, customs fees and other taxes are not included in the price displayed on the site. These fees must be paid by you directly to the carrier upon receipt of the product.
4.4 PRICING ERRORS
In the event of an obvious error in the price of a product, CREATURE MARSEILLE is not bound by its offer and will give you the option of cancelling your order or confirming it at the actual price of the product which will be communicated to you by CREATURE MARSEILLE.
5. TRANSACTION SECURITY
CREATURE MARSEILLE uses SSL (Secure Socket Layer) to secure transactions. This is currently one of the most effective encryption protocols. Your banking information is encrypted throughout the payment process and is not stored on a public server.
Despite our best efforts to secure payments, there is still a small risk of fraud. CREATURE MARSEILLE cannot be held liable for any damages resulting from the use of electronic means of communication and payment.
6. SHIPPING AND DELIVERY
6.1 DELIVERY
- We deliver products to France, the European Union, Switzerland and many other countries around the world (the list of countries is available at the time of ordering and may vary depending on the product category and the geopolitical context. CREATURE MARSEILLE reserves the right to modify the list of countries eligible for delivery without having to provide any specific justification).
- We ship your orders within 2 to 3 days, Monday to Friday. Orders placed on Saturdays, Sundays and public holidays are processed the following business day.
In the event that the delivery address you have provided to us turns out to be inaccurate or if the delivery service is unable to deliver your package to you for reasons attributable to you, the cost of reshipping the package returned to us will be at your expense.
6.2 DELIVERY METHOD AND TIMES
CREATURE MARSEILLE offers three types of delivery:
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Standard Delivery by Colissimo: in France (between 3 and 4 working days)
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Standard Delivery by Colissimo: Other countries outside France (between 7 and 10 working days)
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Delivery by carrier: in France (only for products in the Collaboration category)
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Collection from our workshop located in Marseille (by appointment).
If the Customer chooses to collect their Order from our workshop in Marseille, we will send them an email from creature-marseille.com informing them that we will call them to arrange a time slot for collecting the Order. No delivery will be possible without prior appointment.
Delivery is deemed to have been made upon the Order being made available to the Customer in person against receipt.
If the Customer fails to collect their Order from the CREATURE MARSEILLE premises in Marseille on the agreed dates and times, a new collection slot will have to be decided, but no refund will be made.
6.3 SPLIT DELIVERY
CREATURE MARSEILLE strives to deliver all the products in your order in one go and as quickly as possible. However, CREATURE MARSEILLE reserves the right to deliver the products in your order in stages in cases where, for logistical reasons or due to the availability of products in stock, a one-time delivery is not possible. In such a case, you will be informed by email and no additional shipping costs will be charged.
7. SHIPPING COSTS
7.1 SHIPPING COSTS
The shipping cost depends on the delivery method you choose. When placing an order, you will be shown this amount when you select your delivery method.
8. RETURNS AND CANCELLATIONS
8.1 RETURNING DEFECTIVE PRODUCTS AFTER DELIVERY
CREATURE MARSEILLE is bound by the legal guarantee of conformity and the guarantee relating to defects in the item sold. This legal guarantee of conformity is 24 months.
The Customer is invited to check the conformity of the Products received in execution of his order and, in the event of a defect noted, to contact the Customer Service of the CREATURE MARSEILLE online Store which will ensure its support by indicating the terms of return and replacement or reimbursement.
The replacement product will not be delivered until CREATURE MARSEILLE has received the defective product.
If the replacement of the Product is impossible or cannot be implemented within one (1) month from receipt of the Product in question by CREATURE MARSEILLE, the Customer will then have the option of returning the Product and requesting a refund or keeping the Product and receiving a partial refund of the price.
If the Products returned by the Customer do not correspond to the Products ordered and have an origin other than the CREATURE MARSEILLE Online Store, CREATURE MARSEILLE will not be bound by its obligations described in the articles above.
The cost of returning defective products or those that do not conform to your order will be fully reimbursed (shipping costs and return costs).
8.2 RETURNING PRODUCTS AFTER DELIVERY WITHOUT GIVING REASON – RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L 221-5 of the French Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of his order to terminate the contract for the sale of the products concluded during the validation of the order. In the event that the products have already been delivered to the Customer, the latter must return them to CREATURE MARSEILLE, without having to justify reasons or pay penalties. The return costs are the responsibility of the customer. The refund will be based on the price of the returned products, excluding return costs.
9. PROMOTIONAL CODES (DISCOUNTS)
A promotional code gives you the right to a one-off discount for the purchase of one or more products under the conditions provided for in the promotional code.
Promotional codes are personal. Promotional codes are inalienable and may not be sold, bartered, exchanged, or made available to the public free of charge or for a fee on a website or any other communication medium without the prior, express, written authorization of CREATURE MARSEILLE.
Promotional codes published by CREATURE MARSEILLE can only be used on the website www.crature-marseille.com
You can only use one promotional code per product.
Promotional codes cannot be combined with other promotions.
Promotional codes are not redeemable for cash.
Promotional codes are non-refundable.
CREATURE MARSEILLE reserves the right to cancel a promotional code when it is not used in accordance with the above.
10. AVAILABILITY
If, despite the care we take in managing our stocks, an order has been validated while the product(s) ordered is/are not available in stock, CREATURE MARSEILLE reserves the right to offer you other replacement products or to cancel the order.
If you cancel your order, you will have the choice between a refund and a credit note.
11. VALIDITY OF OFFERS
Our offers are valid for the entire duration they are visible on our website or between the dates indicated if it is a fixed-term commercial operation.
In the event of a manifest error in the offer, CREATURE MARSEILLE is not bound by its offer and will give you the option of canceling your order or confirming it under the actual conditions of the offer.
12. RESPONSIBILITY
CREATURE MARSEILLE is only liable in the event of a breach of its contractual obligations under the terms of applicable legislation.
CREATURE MARSEILLE cannot be held liable for any damage suffered by a third party resulting from the use of one of our products.
CREATURE MARSEILLE cannot be held liable for any damage resulting from the misuse you make of one of our products.
CREATURE MARSEILLE is not responsible for any damages resulting from erroneous information on its websites.
13. USER-GENERATED CONTENT
Any content added to the site www.creature-marseille.com by users of the site (opinions, ideas, comments, votes, articles, photographs, films, drawings, creations in particular) and made public on the site becomes the property of CREATURE MARSEILLE.
CREATURE MARSEILLE reserves the right to use it, to publish or not the content added by users and in any way whatsoever.
14. LINKS TO OTHER SITES
CREATURE MARSEILLE is not responsible for the use or content of the websites to which it provides links.
CREATURE MARSEILLE is not responsible for the use or content of websites that provide a link to the CREATURE MARSEILLE website.
15. INTELLECTUAL PROPERTY RIGHTS
The reproduction or representation, in whole or in part, of the pages, data and any other constituent element of the creature-marseille.com site, by any process or medium whatsoever, without prior written authorization from CREATURE MARSEILLE, is prohibited (with the exception of copies for private use and those made for press purposes) and constitutes an infringement punishable by the Intellectual Property Code, likely to incur the civil and/or criminal liability of its author.
16. PROTECTION OF PERSONAL DATA
The Customer is informed and accepts that his personal data may be collected on the Site and used by CREATURE MARSEILLE which acts as data controller within the meaning of Law 78-17 of January 6, 1978 relating to Information Technology, Files and Liberties as amended on January 20, 2017 and as it will be amended by the General Data Protection Regulation (EU) 2016/679 dated April 27, 2016 (hereinafter the “ Information Technology and Liberties Law ”).
CREATURE MARSEILLE is committed to protecting and ensuring the security and confidentiality of its Customers' personal data in accordance with the Data Protection Act, in particular by taking all necessary precautions to prevent this data from being distorted, damaged or accessed by unauthorized third parties. It is specified that the Site is hosted by Squarespace, Inc., which provides CREATURE MARSEILLE with an online e-commerce platform for selling products and services and that the Customer's personal data is stored via Squarespace, Inc.'s data storage, its databases and the general Squarespace application. Squarespace stores this personal data on a secure server protected by a firewall.
In the event of a personal data breach, CREATURE MARSEILLE shall notify the CNIL of the breach in question as soon as possible. If the personal data breach is likely to result in a high risk to a Customer's rights and freedoms, CREATURE MARSEILLE shall inform the person concerned of the personal data breach as soon as possible.
Customers' personal data may be transmitted to service providers and contractual partners who, as subcontractors within the meaning of the Data Protection Act, intervene and contribute directly to the management of Orders and for whom it is absolutely necessary to access the personal data provided by the Customer when creating and using their Account (identity, postal address, telephone number, email address). Subcontractors may only act on instructions from CREATURE MARSEILLE.
Personal data is also retained for security purposes, to comply with legal and regulatory obligations and to enable CREATURE MARSEILLE to improve and personalize the services offered to Customers and to inform them of offers and commercial information related to the brand.
The Client's personal data is only kept for the period strictly necessary for the purposes set out above. In particular, the Client's personal data collected:
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for the purposes of managing Orders and Customer relations and providing Customer information may not be kept beyond the period strictly necessary for managing the commercial relationship with the Customer;
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for commercial prospecting purposes may be kept for a period of three years from the end of the commercial relationship with the Client.
The personal data of the non-customer prospect may be kept for a period of three years from their collection by CREATURE MARSEILLE or from the last contact from the prospect.
If the Customer chooses a direct payment gateway to complete their Order, Squarespace stores their credit card data, which is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Purchase transaction data is retained only for the time necessary to complete the purchase transaction and is deleted once the transaction is complete.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a collaborative effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by CREATURE MARSEILLE and its service providers. For more information, the Customer is encouraged to read Shopify's Terms of Service (https://www.shopify.com/legal/terms) or Privacy Policy (https://www.shopify.com/legal/privacy).
In accordance with the Data Protection Act, the Client has the right to access, rectify and oppose personal data concerning him/her and the right to lodge a complaint with a supervisory authority, the right to limit processing, the right to erasure of data and the right to data portability (hereinafter the “ Data Protection Rights ”).
To exercise one or more of the Data Protection Rights, the Client must send a request by email or by post to the contact details below, indicating their surname, first name, email address and customer references:
CREATURE MARSEILLE
Pauline PARANTHOËN 33 rue Paul Codaccioni, 13007, Marseille
Email: pauline@creature-marseille.com
Each request must be signed and accompanied by a photocopy of an identity document bearing the Client's signature and specify the reply address.
The response to the request made on the basis of one or more Data Protection Rights will be sent within 1 month of receipt of the request. CREATURE MARSEILLE may retain data relating to identity documents, from the receipt of these documents, for one year for the exercise of the right of access and for three years for the exercise of the right of opposition.
The Customer can also access information concerning him/her and possibly make any necessary corrections directly on the Site by going to his/her account.
The Client may provide CREATURE MARSEILLE with specific instructions in which he or she defines the manner in which he or she intends that the Data Protection Rights and Freedoms be exercised after his or her death in accordance with the Data Protection Act.
17. COMMERCIAL OFFERS AND NEWSLETTERS
CREATURE MARSEILLE may send Customers information relating to Articles and commercial offers by mail, email, text message, telephone or via all web spaces managed by CREATURE MARSEILLE on social networks, subject to prior acceptance.
The Client has the option at any time to object to these commercial prospecting mailings free of charge:
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if by mail, by making his request by means of an unambiguous declaration to the e-mail address pauline@creature-marseille.com or to the following address: Pauline PARANTHOËN 33 rue Paul Codaccioni, 13007, Marseille;
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if by email, by clicking on the “unsubscribe” link at the bottom of each email;
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if by text message, by replying STOP to the text message; and
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if via all the web spaces managed by CREATURE MARSEILLE on social networks, by unsubscribing from the CREATURE MARSEILLE page.
18. COOKIES
When consulting the Site, information relating to the Customers' browsing may be recorded in "cookie" files installed on their terminal (computer, tablet, smartphone).
These cookies are issued in order to facilitate navigation on the Site and make it possible to recognize the Customers' browser when they are connected to the Site.
Cookies are only installed after acceptance by the Customer, continuing to browse the Site constitutes acceptance.
Most browsers accept cookies automatically, but the Customer can choose at any time whether or not to accept cookies from their browser settings, often located in the "Tools" or "Preferences" menu of their browser.
Any settings implemented by the Client may negatively affect their user experience and parts of the Site may no longer be accessible in their entirety.
The Site uses computer applications from third parties, which allow the Customer to share content from the Site with other people or to let these other people know their opinion regarding content on the Site (social networks such as Facebook, "Google+", "Twitter", etc.). When the Customer visits a page of the Site containing a "Share" or "Like" button, their browser establishes a direct connection with the servers of the social network concerned. If they are connected to the social network while browsing, the application buttons allow the pages consulted to be linked to their account. If they interact using the plug-ins, for example by clicking on the "Like" button or leaving a comment, the corresponding information will be transmitted to the social network concerned and published on their account. If the Customer does not want social networks to link the information collected through the Site to their account, they must log out of the social network concerned before visiting the Site.
CREATURE MARSEILLE is in no way responsible for the content or operation of any social media, including those that may be linked to the Site. To understand how social media sites use information about the Customer's activities on our website and on the internet, the Customer is invited to read their respective terms of use and privacy policies.
19. NON-WAIVER
No tolerance, inaction or inertia on the part of CREATURE MARSEILLE may be interpreted as a waiver of its rights under the T&Cs.
20. PARTIAL DISABILITY
If one or more provisions of the T&Cs are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
21. APPLICABLE LAW – COMPETENT JURISDICTION
The T&Cs are subject to French law.
In the event of a dispute, the Client and CREATURE MARSEILLE may resort to conventional mediation. CREATURE MARSEILLE informs the Client of the existence of alternative dispute resolution methods, such as mediation or arbitration.
The Customer can contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/ .
Any dispute relating to the execution or termination of a sale, to the interpretation, execution or termination of these General Terms and Conditions shall be submitted, in the absence of an amicable agreement, to the legally competent courts.