TERMS AND CONDITIONS OF SALE - CASA PEDRO
In the remainder of this document, the following terms have the following meanings: "CASA PEDRO": The Limited Liability Company CASA PEDRO with the capital of
100,000 Euros, registered with the PARIS Trade Register under the number B 804183952
and whose Registered Office is located in Paris (75007) 60, Rue de VARENNE, represented by its Manager Mr Pierre SAUVAGE - intra-Community VAT number.
The company CASA PEDRO markets the products of the brand CASA LOPEZ which it owns. CASA LOPEZ: trademark registered with the French National Institute of Industrial Property (INPI) under the number 3204099, property of the CASA PEDRO Company. "Recording of the order": Electronic document sent by the CASA PEDRO Company to the Customer at the end of the order process and its validation by the Customer, carried out via the Internet on the website defined below, as stated in Article 4.3.3, summarising the purchase of products as validated by the Customer and confirming the recording by the website of the order made by the Customer online on the previously mentioned website, reproducible in a durable medium by the Customer which summarises the characteristics of the products purchased by the Customer, the terms and delivery times, the procedures for exercising the right of withdrawal, the form of which is attached to the electronic document. "Sales contract": Online contract concluded by the CASA PEDRO Company and the Customer, after the validation of their order of one or more products available on the website defined below and their receipt of the recording of their order. "Customer": natural persons over the age of 18 with full legal capacity at the time of the subscription of the sales contract or legal entity duly represented by a natural person having the legal quality and capacity to represent them. "E-mail": Any message, in the form of text, voice, sound or image, sent by a public communication network, stored on a network server or in the recipient's terminal equipment, until the recipient recovers it. "Order": process implemented online by the Customer from the website defined below, consisting of choosing, selecting the products and their quantities to the basket which ends with the validation of the order and under the condition of the payment of the relevant price. "Mobile services": A set of services and protocols allowing to connect mobile phones to the Internet, including the act of placing an order. "Products": Miscellaneous products marketed by the CASA PEDRO Company, on the website, in particular, under the headings "Crossed Ribbon Rugs", "Summer Palace Rugs", "Sown Rugs", "Polichinelle Rugs". This list is not exhaustive. The essential characteristics of these products, in accordance with the provisions of Article L. 111-1 of the Consumer Code, are displayed as soon as the Customer clicks on the chosen product from the website. "Website": electronic service operated by CASA PEDRO on the Internet and accessible at the URL www.casalopez.com
ARTICLE 1 - SCOPE OF APPLICATION
1.1.1 These General Terms and Conditions of Sale apply without restriction or reservation to all the products offered on the website by the CASA PEDRO Company operating the aforementioned website for the purpose of marketing the Products.
1.1.2. These General Terms and Conditions apply to all orders and sales defined above made by the Customer.
1.2 Territory The products appearing on this Internet site are available to be supplied to the Customer by CASA PEDRO involving a delivery to all the territories covered by the carriers concerned by the Delivery.
1.3.1. These General Terms and Conditions apply throughout the period of online marketing of the Products on the website by CASA PEDRO.
1.3.2. CASA PEDRO reserves the right to, without notice or compensation, temporarily or permanently close the website or online Product sales area.
1.3.3. CASA PEDRO is not liable for damages of any kind that may result from temporary unavailability or the definitive closure of all or part of the site or the marketing services of the Products associated therewith, such as the possibility of passing an order.
1.3.4. CASA PEDRO reserves the right to adapt or modify these General Terms and Conditions of Sale at any time. In the case of modification, the General Terms and Conditions of Sale in force at the time of validation of the order will be applied to each order.
1.4 Legal status
1.4.1. These General Terms and Conditions of Sale are subject to the provisions of Articles L. 121-16 et seq. of the French Consumer Code.
1.4.2. Any order for the purchase of the Products defined above, made on the website is subject to these General Terms and Conditions.
1.5.1. These General Terms and Conditions define the rights and obligations of the parties in connection with the sale of the Products made available by CASA PEDRO on the website
1.5.2. They govern all the steps necessary for the fulfilment and the follow-up of the order, its maintenance and its validity, the process of purchase of the concerned Product(s) chosen by the Customer, the payment of the related price, and the delivery conditions of the Products sold to the Customer by CASA PEDRO.
ARTICLE 2 - CUSTOMER ABILITY AND ACCEPTANCE
2.1. Any Customer acknowledges that they have the ability to contract under the conditions described in the General Terms and Conditions presented below, i.e. that they are of legal age and that they are not under guardianship or trusteeship.
2.2. The Customer acknowledges that these Conditions are presented to them prior to the validation of their order.
2.3. The Customer agrees that the General Terms and Conditions of Sale, the contractual documents informing them of the essential characteristics of each of the Products and related tariffs, as well as the order forms, the ordering methods are presented to them online on the website for the purpose of the conclusion of the Sales Contract for Products ordered by them.
2.4. The Customer declares that they have obtained from CASA PEDRO all the necessary information on the website.
2.5. The Customer acknowledges having read these General Terms and Conditions of Sale prior to their acceptance and having accepted all the terms prior to the validation of their order.
2.6. Any validation of the online order from the website by the Customer requires the prior acceptance of these General Terms and Conditions of Sale.
2.7. The Customer's agreement regarding these General Terms and Conditions of Sale occurs during the order process, prior to the validation of their purchase by the required validation of the box reserved for this purpose indicating "I have read and I accept the General Terms and Conditions of Sale and I fully subscribe to them without reservation (read the General Terms and Conditions of Sale".
2.8. The Customer, prior to ordering the Products, declares and acknowledges having created an account where they took care to enter their email address and password so that they can be identified later. They will complete their account by filling in their personal information: their last name, first name and date of birth. Finally, they will be able to complete the information relating to the desired delivery address, with the possibility of filling in a second billing address.
2.9. The Customer expressly agrees that the entry of the required banking information, the acceptance of these General Terms and Conditions and the validation of the order, is made online on the website.
ARTICLE 3 - CONTENT OF THE WEBSITE
3.1. The website mentions the following information: The precise identification of the CASA PEDRO Company, indicating, its name, the address where it is established, its e-mail address, its telephone number, its head office, its individual identification number if it is subject to value-added tax, and, if different, the address of the Institution responsible for the offer, • the essential characteristics of the Products are displayed as soon as the Customer clicks on the chosen product, with, if necessary, one or more options to select (for example, size, colours, contents) and, in every case, a choice concerning the quantity of products to order, • the actual availability of Products in stock at the time of order, either following the proposal of the default product format, or following the prior validation of other options than those displayed by default when the page is viewed by the Customer. • the prices of each of the Products, • the terms of payment, • the General Terms and Conditions of Sale • the actual availability of the offer at the time of the order, • the existence of a right of withdrawal, its methods of exercise and the period of exercise of this right, • where applicable, the order cancellation terms,
3.2. All information on the website is presented in French and in English.
ARTICLE 4 - ORDER
4.1. Terms of Online order
4.1.1. The Customer chooses the Products presented on the website, which offers them the opportunity to reserve one or more various Products of their choice, according to contractual rates displayed on the page of each product with or without options left to the free choice of the Customer.
4.1.2. The Customer acknowledges having read the terms and conditions of the Products available on the website and has requested and obtained the necessary and/or additional information to carry out their order in full knowledge of the facts.
4.1.3. The Customer is solely responsible for the choice of Products and their suitability for their needs, therefore the liability of CASA PEDRO cannot be invoked in matters regarding choices made by the Customer and the content of their order.
4.1.4. The order is deemed accepted by the Customer at the end of the ordering process by the action of clicking on the "ORDER" button in case of payment by credit card on the last page of the ordering process as described below.
4.2. Online Order Process
4.2.1. Orders placed by the Customer can be made via the electronic order form available online on the website.
4.2.2. The order is deemed to have been created upon recording of the order by CASA PEDRO as stated in Article 4.3 and is subject to online payment by credit card under the conditions referred to in Article 4.2.5.
4.2.3. The Customer undertakes, prior to any order, to complete the requested information and, in particular, that relating to their mandatory personal data marked with an asterisk above the data fields.
4.2.4. The Customer certifies the veracity and accuracy of the information provided.
4.2.5. The order procedure, the collection of personal data is secured under the conditions of Article 9 below, including, in particular, the following steps, being specified, that from the beginning of the ordering process it is indicated to the Customer that payment by credit card is mandatory and delivery is limited to the territorial areas served by the suppliers responsible for the transport of products,
18.104.22.168. Step 1 - SUMMARY This step consists in the choice of the Products: the Customer determines by a click on the headings "Crossed Ribbon Rugs", "Summer Palace Rugs", "Sown Rugs", "Polichinelle Rugs" this list being non-exhaustive, their access to pages relating to products offered for sale online, This step is valid and applicable regardless of the Product selected by the Customer by them clicking on the selected product: the Customer determines the number of products ordered, any applicable options (colour, size, etc...).
22.214.171.124. Step 2 - IDENTIFY YOURSELF This step is for the Customer to identify themselves as the author of the order with the requirement, during their first order on the website, of creating a personal account involving the obligation to complete the fields marked with an asterisk and, most importantly, their e-mail address, their last name, their first name, their password, their physical address for delivery of the products and with the option of providing an invoicing address if it is different from the delivery address.
126.96.36.199. Step 3 - ADDRESS This step consists of displaying the summary of the Customer ID and postal coordinates and, if applicable, different billing information with the possibility for the Customer of modifying them under the "update" button, to be able to add an address, to dissociate the delivery address from the invoicing address and to leave a message about their order. If the recipient of the order is not the same as the author of the order during the ordering process, the Customer may change the identity of the recipient. To proceed with their order the Customer must click on the "ORDER" button.
188.8.131.52. Step 4 - DELIVERY This step consists of the Customer choosing different delivery methods than those which are entered by default at the end of the order at the SUMMARY stage and as indicated in article 6.3.4, according to the choices proposed and possible depending on the destinations, namely: - So colissimo France and International - La Poste - UPS. The price of each of the delivery services of the ordered products offered and their service provider is indicated with the option for the Customer to choose the delivery method in the event that several choices are available. The delivery time of the products ordered is indicated according to the destination indicated for the place of delivery and corresponds to the Customer's choice of transport formula and carrier. The delivery time indicated during the ordering process is that of the carrier chosen by the Customer for the chosen destination. The delivery time can be deducted only from the registration of the order, and, in any case, the reception of payment by CASA PEDRO. The Customer must accept these General Terms and Conditions of Sale as indicated in article 2.7, accessible on the site before being able to continue their order by clicking on the "ORDER" button which allows to display their order with, - the summary of the products as already displayed and known since Step 1, - the delivery conditions of the chosen service provider, as chosen by the Customer during Step 4, the latter including any variations proposed by the Customer.
184.108.40.206. Step 5 - PAYMENT At the end of the validation of the delivery conditions, the Customer arrives on the page dedicated to online payment. Payment is made exclusively online by credit card. The Customer chooses the corresponding card, accepted according to the online payment protocol, namely: CB, VISA, Master Card, or PAYPAL by clicking on the corresponding icon. If necessary, according to the protocols specific to the banking institution with which the method of payment used is attached, the Customer may be required to complete additional security codes.
4.2.6. CUSTOMER ACCOUNT At any time during the ordering process, or even without placing an order, the Customer may consult their Customer account that they were required to create during their first order as described in Article 220.127.116.11.
4.3. Online Formation of the Contract
4.3.1. The online sales contract is formed only after the Customer has, at the end of the ordering process and its 5 steps described in 4.2: clicked on the "VALIDATE" button. Otherwise, the order is considered interrupted and cannot produce any effect.
4.4 Right of Withdrawal by the Customer: In accordance with Article L. 121-21 of the Consumer Code, the Customer has the right of withdrawal, without cause or penalty, with the exception of postage redirection costs of the relevant products by the retraction of 14 calendar days from the day of receipt of the products ordered.
4.5. Product availability: The products offered on the website constitute the offer of said products within the limits of available stocks.
ARTICLE 5 - RATES/PRICES/PAYMENT
5.1. The prices of the products are indicated before and during the ordering process as indicated in article 4.2.5. The prices are valid in real time and are displayed as soon as a product is viewed by the Customer on the website. The price of the ordered products is required to be stated under the "Quantity" display.
5.2. The prices of products are subject to value-added tax (VAT) and are displayed in an amount inclusive of VAT at the rate in effect at the time of the order, in Euros, and are valid only at the time of order on the website.
5.3. All orders, regardless of their origin, are payable in Euros as specified in the order process, any possible exchange fees from the Customer's banking institution remaining the responsibility of the latter.
5.4. The delivery rates are indicated during the ordering process as specified in article 4.2.5 and 6.3.4. In the event that several rates are available for delivery, they are displayed during the ordering process in step 4 as indicated in 18.104.22.168.
5.5. The price of the order, the price of the products and their delivery, is communicated on the site during the order process. The VAT incl. price of the order is indicated to the Customer before the confirmation of their order and before their payment.
5.6. No discount or remittance will be performed by CASA PEDRO for online payment prior to the envisaged delivery dates and conditions contained in these General Conditions of Sale.
5.7. CASA PEDRO reserves the right to modify the prices at any time but the products will be invoiced on the basis of the rates in effect at the time the orders were confirmed.
5.8. If a wrong price is displayed during the ordering process, for whatever reason (computer bug, manual entry error, technical incident), the order (even one that was the subject of a registration under the conditions of Article 4.3.3) will be cancelled upon CASA PEDRO's discovery of the incident. In this case, the Customer will be informed by sending an e-mail to the address that they have entered during the process of ordering or setting up their Customer account. At the end of the sending of this information message, the Customer will be able, if they wish, to return their order at the corrected and exact price.
5.9. The price of the order is due when finalising the ordering process as indicated in article 22.214.171.124.
5.10. The payment of the price of the order by the Customer takes place under the conditions fixed in article 126.96.36.199.
ARTICLE 6 - DELIVERY
6.1. Terms of delivery:
6.1.1. The delivery of the ordered products occurs under the conditions chosen and validated by the Customer during the ordering process as described in article 188.8.131.52.
6.1.2. Depending on the destination, the delivery is offered during the ordering process thanks to the services of the following providers: - So Colissimo France - UPS 6.2. Shipping costs:
6.2.1. Delivery charges are the responsibility of the Customer and are charged in addition to the selling price of the products.
6.2.2. Delivery costs are communicated to the Customer on the order summary, and in any case before the Customer's validation of their order at the end of the ordering process, and are expressed inclusive of all taxes.
6.2.3. Customs and other charges in the country of arrival are the responsibility of the recipient.
6.3. Delivery times:
6.3.1. The delivery times indicated below are those generally noted for the port services likely to be proposed during the order process according to the different providers: - So Colissimo : 5 to 6 working days - UPS: 1 business day
6.3.2. Delivery times are deducted from the date of receipt of payment of the price of the order, only for business days and do not include Saturdays, Sundays and public holidays.
6.3.3. For information purposes, it is specified that packages are usually shipped within 48 hours after receipt and collection by CASA PEDRO of the Customer's payment.
6.3.4. By default and before arrival in the determination processby the Customer of their choice concerning the terms and delivery times as described in Article 184.108.40.206., the summary of the order as described in Article 4.2. 5.1 proposes by default a transport rate corresponding to a standard shipping method proposed by the La Poste Provider "Colissimo with tracking, delivered without signature". It is always possible for the Customer to modify the choice and the terms of delivery and transport that suit them under the conditions of Article 220.127.116.11 before the validation of their order.
6.3.5. The package relating to the order is sent to the Customer subject to the responsibility of the transport and delivery provider, special care is taken of packages containing fragile products.
6.3.6. CASA PEDRO cannot be held responsible for the consequences due to a delay of delivery by the Carrier resulting from an unforeseeable and irresistible event.
6.3.7. Each package shipment is accompanied by the invoice corresponding to the Customer's order.
6.4. Delivery receipt:
6.4.1. The Customer is required to check the conformity of the Products received in their order at the time of delivery. Any anomaly concerning the delivery such as: - damaged packaging, - missing products, - deteriorated products, - products not in compliance with the order, must be notified within 48 hours of receipt of the order to the customer service of the website, and confirmed by registered letter with acknowledgment of receipt to "CASA PEDRO Customer Service 61 rue Servan 75011 Paris". After this period of 48 hours, in the absence of confirmation by registered letter with acknowledgment of receipt and except in the case of a hidden defect, no claim will be accepted by CASA PEDRO, the Products sent by CASA PEDRO to the Customer will then be considered as compliant.
6.4.2. In any case, the damaged or incomplete items will not be taken back by CASA PEDRO and will be returned to the Customer in the same state in the event that they were redirected, at the expense of the Customer, to CASA PEDRO by the Customer.
6.4.3. Packages returned to CASA PEDRO or to the carrier chosen by the Customer during their ordering process, due to a failure to identify the recipient or a failure to identify the order concerned may be returned to the Customer, provided - that the Customer arrives in person to CASA PEDRO, - that the package proves to be identifiable - that the package is actually returned to CASA PEDRO or to the aforementioned carrier, - that the Customer bears the cost of this second shipment of the package.
6.4.4. Subject to the above conditions, CASA PEDRO will reimburse the amount inclusive of VAT of the price(s) of the Product(s) excluding delivery charges provided for the order and the cost of returning the products by the Customer. The Customer's bank account as provided by them during the ordering process as described in Article 18.104.22.168. will be credited with the said amount, within thirty (30) days from receipt of the Products by CASA PEDRO.
6.4.5. The return costs for a product declared to be not in conformity with the order, will be paid by CASA PEDRO under condition of express request for this purpose formulated by the Customer under the conditions of the article 6.4.1 in order for a postage fee to be sent to the Customer by CASA PEDRO.
ARTICLE 7 - CLAIMS For any claim relating to an order, the Customer may contact CASA PEDRO, - By email at casalopez.com - It is also possible to contact CASA PEDRO for any request at the following coordinates: CASA PEDRO Customer Service, 60, rue de VARENNE 75007 PARIS Email: email@example.com Telephone: +33 (0)1 45 48 30 97 +33 (0)1 45 03 42 75
ARTICLE 8 - GUARANTEES AND RESPONSIBILITIES OF CASA PEDRO
8.1. In any case CASA PEDRO cannot be held responsible for failure to complete the order and its lack of registration, and especially due to the Customer who does not fill their order details correctly under the conditions set out in these General Terms and Conditions of Sale and as displayed on the Customer's fixed or mobile computer terminal during the online ordering process.
8.2. In any case, CASA PEDRO cannot be held responsible in the event of absence of order delivery recorded by the Customer who does not correctly fill in the information relating to the delivery address or the identification of the recipient according to the conditions set forth in these General Terms and Conditions of Sale and as displayed on the Customer's fixed or mobile computer terminal during the online ordering process.
8.3. In all cases of force majeure and, in particular, due to an unpredictable and unavoidable fault of the carrier, CASA PEDRO cannot be held responsible in the case of the absence of registered order delivery. More generally, CASA PEDRO cannot be held responsible for the non-execution or the poorly made execution of the order in the case of force majeure, due to a third party, due to the Customer or its partners making a mistake for reasons such as unavailability of the Internet network, impossibility of accessing the website, external intrusion, computer viruses or, in the case of online payment, refusal by the banker of the holder of the credit card used to pay, to authorise the transaction.
8.4. CASA PEDRO strives to ensure that the photographs and product descriptions provide as accurate an overview as possible of the products offered for sale online on the website. However, the Photographs are non-contractual, so the Customer is not entitled to make any claims regarding them, since these differences between the photograph on the sales site representing the product and the product itself do not relate to essential features of the product that would otherwise be falsely or incorrectly represented on the website.
8.5. CASA PEDRO will not incur any liability for any indirect and/or intangible damages, in particular, loss of profit, operating loss, non-material damage resulting from a partial or full delivery failure or full or partial conformity of the products ordered.
8.6. Hypertext links on the website may refer to other sites that the website www.casalopez.com used to order CASA PEDRO online products, whether these are sites dedicated to the services offered by CASA PEDRO or third-party companies or partners.
8.7. The provisions of Article 8 do not impair the application of the provisions of Article 4.2.2. 8.8. In any case, CASA PEDRO cannot be considered as the Producer of the products whose sale is proposed on the website within the meaning of articles 1386-1 and in accordance with the French Civil Code, the latter being the only one responsible for the damage caused by a defect in their product, whether or not they are bound by a contract with the victim. In the event of a delivered ordered product that proves to be defective, it is the Customer's responsibility to notify CASA PEDRO of this fact to the coordinates appearing in the preliminary article by registered letter with acknowledgment of receipt, in order to allow CASA PEDRO to appoint its own supplier or the producer, within three months from the date on which the victim's application was notified to them.
ARTICLE 9 - DATA PROCESSING, FREEDOM AND PRIVACY, PERSONAL DATA, IMAGE RIGHTS
9.1. The Customer is informed that all personal data collected during the ordering process and in particular as regards the constitution of their customer account as stated in Article 22.214.171.124 will be subject to automated processing whose controller is CASA PEDRO whose full contact details appear in the preliminary article of these General Terms and Conditions of Sale.
9.2. The information containing personal data that is requested from the Customer during the ordering process on the website, is intended to be communicated by the latter, and are necessary for the processing of their order by CASA PEDRO.
9.3. The recipients of the personal data collected during the ordering process are: - CASA PEDRO, - The online payment provider within the limit of what is necessary for the purposes of the implementation of articles 126.96.36.199, 5.10 of these General Terms and Conditions of Sale.
9.4. The purpose of the processing of this personal data is to fulfil the following purposes, in particular to enable CASA PEDRO to: • proceed to the processing of the order, • register the order, • fulfil its obligations towards the Customer, • integrate the Customer into the "Customer File".
9.5. In accordance with the provisions of the law no. 78-17 of 6 January, 1978 relating to data processing, files and freedoms, each Customer has a right of access, modification, rectification concerning the information concerning him/her, under the conditions provided by the law and regulations in force with CASA PEDRO at the coordinates as indicated in the preliminary article of these General Terms and Conditions. The Customer also has a right to oppose the processing of data concerning them for legitimate reasons.
9.6. The Customer is informed, on each of the personal data collection forms, and more particularly for those which appear during the process of ordering or constituting their account, of the mandatory or optional fields to complete, respectively, by the presence or absence of an asterisk. If there is no communication of one or more pieces of data indicated as mandatory during the online ordering process, the Customer's order cannot be completed or taken into account in any way whatsoever.
9.7. Particularly in the case of online payment involving the communication of the Customer's bank details for the purposes of payment as stated in article 188.8.131.52, these bank details will not be in CASA PEDRO's possession, but must nevertheless be communicated for the execution of the sales contract by the Customer in respect of their obligation to pay the price. The Customer is informed that this transfer of data can therefore be carried out in foreign countries that do not have adequate personal data protection within the meaning of Law No. 78-17 of 6 January 1978 (Article 69-6°). In any case, the Customer consents to this transfer for the execution of the sales contract resulting from the registration of their order with CASA PEDRO.
9.8. The Website does not generate cookies dedicated to the order made by the Customer for the products offered for sale on the website. However, the browser used by the Customer for the purposes of accessing and completing the online ordering process may generate cookies that will include: • to facilitate the recognition of the Customer from, if necessary, the terminal from which the order is made, • to allow tracking of the progress of their order process, in particular to allow them to go back a page during this process, • to allow the collection of statistical and technical data on the progress and progression of the ordering process followed by the Customer that may be communicated to CASA PEDRO identified above, without attaching any personal data of the Customer, for the purpose of modification and technical and ergonomic improvement of the online ordering process and the corresponding interface. In any case, it is up to the Customer who uses a terminal from which they makes their online order to determine the extent to which they wish to neutralise or authorise the cookies generated by their browser used during the online ordering process, without CASA PEDRO being responsible in this respect.
ARTICLE 10 - MISCELLANEOUS These General Terms and Conditions of Sale are governed by French law. 10.2. In the event that any provision of these General Terms and Conditions of Sale is declared null and void, in any manner and for any reason whatsoever, it will be deemed unwritten and will not entail the nullity of the other provisions. 10.3. Any disputes that may arise between the parties in connection with the interpretation and/or execution of these General Terms and Conditions of Sale will be submitted, failing amicable agreement, to the exclusive jurisdiction of the competent court of the Court of Appeal of Paris, with the exception of disputes concerning non-commercial persons and for which the legal rules of attribution of material competence apply.