Because it is important to us

This “www.laboutiquefriends.fr” site is published by the company LA JOIE 55 SARL with the software WIX.com.

The company LA JOIE 55 SARL,

limited liability company with capital of 1,000.00 euros,

Whose head office is located at MARSEILLE 13001 (FRANCE), 10 rue sainte,

Registered in the Trade and Companies Register under number 75339703300014,

Represented by Mr. Gérard NOUCHI, in his capacity as manager;

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ARTICLE 1. PREREQUISITES FOR PLACING AN ORDER

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Ordering a Product on the Site is reserved for natural persons who have previously created a valid account on the Site, aged at least 18 years, able to contract and acting for purposes not falling within the scope of their commercial, industrial, craft or liberal activity (hereinafter, the “Customer”).  

The Customer guarantees that he sincerely fills in the information requested of him when registering.  

Before using the Site, the Customer must ensure that he has the technical and IT resources enabling him to use the Site, order the Products and that his browser allows secure access to the Site.  

When placing their first order, the Customer must create a customer account and fill in the mandatory information on the form dedicated for this purpose. The Customer expressly undertakes not to use false information or information from third parties.  

After his first order and on the occasion of subsequent orders, the Customer will be able to access his account by entering his username and password. The Customer is solely responsible for maintaining the confidentiality of his username and password allowing access to his customer account and must take all necessary measures to ensure that these elements remain confidential and secure.  

In case of loss or theft of his identifiers, he must request their renewal at marseillefriends@gmail.com.

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ARTICLE 2. ORDERS

The Customer selects the Product (s) he wishes to buy, and can access the summary of his order at any time. The Customer has the possibility of modifying his order and correcting any errors before confirming it definitively.  

The receipt of final payment for the order by the Company after confirmation of the order summary by the Customer concludes the sales contract between the Customer and the Company LA JOIE 55 SARL, the contract can only be called into question within the limits provided for in the GTC. Any order placed implies unreserved acceptance of the GTC by the Customer.  

Confirmation of the order validated by the Customer will be sent to him by email. Depending on the method of payment used, the sending of the order confirmation may be postponed until the final receipt of payment by the Company.  

To this end, the Customer formally accepts the use of electronic mail for the confirmation by the Company LA JOIE 55 SARL of the content of his order.  

LA JOIE 55 SARL reserves the right to refuse orders from a Customer with whom there is a dispute or an incident relating to the payment of a previous order under the conditions detailed in article 4.2 below.  

RETURNS

The return must be made within 14 days from the withdrawal, any return beyond that will not be taken into account. The items are returned at the risk and peril of the customer.  

The items must be returned complete, carefully packaged in the original packaging and accompanied by all documents, elements and accessories, in particular the product label. Items that do not meet these conditions will be refused and returned to the customer.

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ARTICLE 3. PRICE  

The prices of the Products on the Site are indicated in euros all taxes included for the  

Metropolitan France, excluding shipping costs. Any change in the VAT rate may be reflected in the price of the products. Shipping costs may vary depending on the size, weight of the package and the choice of carrier. They will be calculated according to the option chosen by the Customer.  

The total amount, all taxes included and shipping costs included, is indicated in the order summary, before the Customer definitively validates his order.  

LA JOIE 55 SARL reserves the right to modify its prices at any time but the Products will be invoiced to the Customer on the basis of the prices in force on the day of the order.  

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  ARTICLE 4. PAYMENT  

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4.1 Payment methods  

Payment for orders is made via one of the following means:  

• by credit card: the card is debited in cash on the day of the order. The Site uses secure payment systems in order to guarantee the Customer the total confidentiality of his banking information. The Customer's bank details are not stored electronically by the Company.  

• by PayPal: the debit from the Paypal account is made in cash on the day of the order;  

4.2     Payment incidents  

The Products remain the property of the Company until their full payment by the Customer.  

In the absence of payment after 30 days after reminders from the Company, the Company informs the Customer of the risk of entering their data in an exclusion file concerning orders.  

As soon as the Customer regularizes his payment, all his data is erased from the exclusion file within 48 hours of notification of the payment to the Company.  

Only the persons responsible for ensuring the recovery of unpaid debts and the personnel responsible for customer service have access to the exclusion file of defaulting Customers.  

In any event, the Company reserves the right to suspend or cancel any order execution and / or delivery of the Products ordered by the Customer in the event of incomplete, irregular or non-existent payment, in the event of fraud, of fraud relating to the use of the Site and the payment of an order or violation of the GTC.  

LA JOIE 55 SARL reserves the right to refuse a sale in the event of non-availability of the product, the impossibility of debiting the amount of the order on the site. (or in the event that the price displayed on the site on the date of the order has been vitiated by a material error)  

ARTICLE 5.  DELIVERY  

The processing and delivery times indicated to the Customer are understood to be working days.  

Shipping times correspond to the average order processing times.  

In period of balance or other orders are shipped within 2 to 12 days.  

In the event of force majeure or exceptional events (natural disasters, epidemics, strikes) delaying or prohibiting delivery; LA JOIE 55 SARL is released from any liability.  

The Products are delivered to the delivery address indicated by the Customer at the time of his order and the latter must take all necessary measures for the smooth running of the delivery.  

The Company declines all responsibility for late delivery or loss of the Products if the Customer has indicated an incomplete or incorrect address or if the Customer does not collect the Products within the period provided for this purpose.  

In the event of an abnormally long delivery period, the Customer can contact customer service by email via the contact form available at the following address marseillefriends@gmail.com so that an investigation can be opened with the carrier.  

Upon receipt of the order, the Customer must check the condition of the package, its packaging and its contents, in the presence of the employee of the transport company.  

In the event of damaged Products, the Customer undertakes to notify it immediately upon delivery to the carrier and to the Company, specifying the order number.  

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ARTICLE 6. RESPONSIBILITY  

The Company cannot be held liable for the non-performance or improper performance of the T & Cs in the event of force majeure, the occurrence of an event attributable to the Customer or any inconvenience, unforeseeable and insurmountable damage inherent in a third party or in the use of the Internet.  

The Company cannot be held liable for indirect damage either.  

In particular, the Company cannot guarantee proper execution of the delivery if the information provided by the Customer is incomplete or erroneous. In such a case, delivery may be delayed without the Company's liability being called into question.  

In the event that links to third party sites not published or controlled by the Company are inserted on the Site, the Company cannot be held responsible for the operation or content of these third party sites.  

The Company strives, as far as possible, to keep the Site accessible 7 days a week and 24 hours a day. However, the use of the Site may be temporarily suspended, due to technical maintenance operations, migration. or updates, due to outages or constraints related to the functioning of the Internet.  

LA JOIE 55 SARL does not incur any liability in the event of a stock shortage or unavailability of the product (s).  

LA JOIE 55 SARL reserves the right to change the prices on the site at any time.

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  ARTICLE 7. WITHDRAWAL  

7.1 Specific provisions applicable to digital books  

The digital books offered for sale by the Company LA JOIE 55 SARL are not supplied on a physical medium, consequently, the withdrawal period of fourteen days opened by article L.221-18 of the Consumer Code does not apply. not apply when the Customer has given his prior express consent to immediately access the content and to waive his right of withdrawal.  

Thus, in accordance with article L.221-28 of the French Consumer Code, before the Customer accesses the digital book, the Company LA JOIE 55 SARL collects its express request to access the digital book before expiration. the period of exercise of the right of withdrawal of fourteen days and thus renounce the exercise of this right.  

If the Customer does not wish to have immediate access to the digital book, he must wait for the expiry of the period for exercising his right of withdrawal.  

7.2 Specific provisions applicable to events organized by the D2AM Company  

The Client is informed that the leisure activities and events offered by the Company  

LA JOIE 55 SARL are not subject to a right of withdrawal in accordance with article L.221-28, 12 ° of the Consumer Code. Consequently, any registration for the activities offered on the Site may not be subject to a right of withdrawal.  

7.3 General provisions  

In accordance with articles L.221-18 et seq. Of the Consumer Code, the Customer has a period of 14 days to exercise his right of withdrawal from the Company LA JOIE 55 SARL, without having to justify reasons and without supporting other costs than the cost of returning the Product under the conditions detailed below, from the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the Product. When the 14-day period expires on a Saturday, Sunday or public holiday, it is extended to the next day.  

To exercise his right of withdrawal, the Customer shall notify his decision to withdraw from this contract by email to marseillefriends@gmail.com by means of an unambiguous declaration (by email).  

The Customer can also complete and send the model withdrawal form accessible by clicking here. Upon receipt of the form, LA JOIE 55 SARL will immediately send an acknowledgment of receipt of the withdrawal by mail or email to the Customer.  

For the withdrawal period to be respected, it is sufficient for the Customer to send his communication relating to the exercise of the right of withdrawal to the Company LA JOIE 55 SARL before the expiry of the withdrawal period.  

In the event of withdrawal, LA JOIE 55 SARL will reimburse the Customer for all payments received, including delivery costs (with the exception of additional costs if the Customer had chosen a delivery method other than the less expensive delivery method. standard offered by LA JOIE 55 SARL) without undue delay and, in any event, no later than fourteen days from the day on which LA JOIE 55 SARL is informed of the withdrawal decision.  

LA JOIE 55 SARL will reimburse using the same means of payment as that used for the initial transaction, unless the Customer consents to a  

another means of payment is used and insofar as the reimbursement does not incur costs for the Customer.  

LA JOIE 55 SARL may defer reimbursement until it has received the Product or the Customer has provided proof of shipment of the Product (photo of the package before closing + proof of deposit of the package stamped by the Post Office or the carrier including the parcel number), the date chosen being that of the first of these facts.  

The Customer must return or return the Product to the attention of Friends, 10 rue sainte, 13001  without undue delay and, in any event, no later than fourteen days after communicating its decision to withdraw.  

The Customer is informed that his responsibility is only engaged with regard to the Company for the depreciation of the Product (s), returned following the exercise of his right of withdrawal, resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this or these Product (s).  

ARTICLE 8. INTELLECTUAL AND INDUSTRIAL PROPERTY  

All illustrations, logos, images, characters, modes of presentation, graphics of the Site are and remain the exclusive property of the Company or of the holders of said rights who have granted the Company an operating right. Any reproduction, representation, extraction or use of said rights by a Client will constitute a fault giving rise to legal proceedings.  

ARTICLE 9. GUARANTEES  

The Products offered by the Company LA JOIE 55 SARL are subject to the guarantee against hidden defects provided for by articles 1641 and following of the Civil Code and to the legal guarantee of conformity provided for by articles L.217-4 and following of the Code of consumption.  

  9.1 IN THE EVENT OF LACK OF CONFORMITY  

As part of the legal guarantee of conformity, the Customer has a period of two years from the delivery of the Product to act. He can choose between repairing or replacing the Product.  

However, if the Customer's choice entails a manifestly disproportionate cost for the Company in relation to the other modality, taking into account the value of the Product or the importance of the defect, the Company will proceed, unless this is impossible, according to the modality not chosen by the customer.  

The Customer is exempt from providing proof of the existence of the lack of conformity of the Product at the time of delivery during the twenty-four months following delivery of the Product, except for second-hand Products for which the period is six months. .  

The legal guarantee of conformity does not apply if the Company LA JOIE 55 SARL provides proof that the lack of conformity did not exist when the Product was delivered.  

Under the Consumer Code, a Product is considered non-compliant:  

(1) or when it is not suitable for the use usually expected of a similar product and, where applicable:  

• does not correspond to the description given by the seller and does not have the qualities that the latter presented to the buyer in the form of a sample or model;  

• does not have the qualities that a customer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling,  

2 ° or when it does not have the characteristics defined by mutual agreement between the parties or is not specific to the special use sought by the Customer, brought to the attention of the seller and which the latter has accepted.  

However, the guarantee of conformity is excluded when the Customer was aware of the defect or could not ignore it at the time of contracting.  

9.2 IN THE EVENT OF HIDDEN DEFECTS  

As part of the guarantee against hidden defects in the item sold within the meaning of the Civil Code, the Customer can choose between the resolution of the sale and a reduction in the sale price of the Product in accordance with article 1644 of the Civil Code.  

A hidden defect means an invisible defect in the Product, rendering it unfit for the use for which it is intended or which reduces this use so much that the Customer would not have acquired it or would have given it a lower price. he had known him. The action resulting from hidden defects must be initiated within two years of the discovery of the defect.  

The applicable legal provisions are reproduced below:  

Article L.217-4 of the Consumer Code: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility ”.  

Article L.217-5 of the Consumer Code: "The goods comply with the contract:  

1 ° If it is suitable for the use usually expected of a similar good and, if applicable  

:  

• if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;  

• if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;  

2 ° Or if it has the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted ”.  

Article L.217-12 of the Consumer Code: “The action resulting from the lack of conformity lapses two years after delivery of the goods. "  

Article 1641 of the Civil Code: "The seller is bound by the guarantee for the hidden defects of the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. not acquired, or would have given only a lower price, if he had known them ”  

Article 1648 of the Civil Code, first paragraph: “The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be discharged from apparent defects or lack of conformity ”.  

ARTICLE 10. OPERATION OF THE CLASSIFICATION OF PRODUCTS  

The Customer has many options to find the Product they are looking for. The "Sort" or "Filter" functions allow the Customer to classify the results according to their preferences according to price, stock, etc. The "Filter results" functions allow the Customer to include or exclude different options to meet his needs.  

If no option is chosen, the display settings of the Products are carried out without automaticity according to our recommendations, in particular according to the novelty of the Products.  

ARTICLE 11. PERSONAL DATA - COOKIES - SECURITY  

As part of the execution of the T & Cs, the Company may process Customer data for the purposes of managing and executing orders, providing online sales service, administering the Site and improving the marketing policy of the Society. The information requested is necessary for the Company to offer the Client the services from which the latter wishes to benefit.  

The Company attaches great importance to respect for privacy and takes all necessary measures to ensure the confidentiality and security of Customers' personal data. The Customer can find the confidentiality policy by clicking on the following link Confidentiality policy.  

In accordance with the amended Data Protection Act of January 6, 1978, the Customer has a right of access, rectification, opposition, a right to limit processing, erasure, a right to portability and the right to define directives after death on personal data concerning him by sending a written request accompanied by a copy of his identity document by e-mail on the contact page of the site or by mail to the contact details indicated in Article 15, by providing his surname, first name and postal address.  

Customer data is kept for the duration of the contractual relationship. At the end of the contractual relationship, the data is kept for a maximum cumulative period of 10 years under the conditions detailed in the privacy policy.  

In the event of a dispute relating to the use of his data, the Customer can refer to the National Commission for Computing and Liberties (CNIL).  

ARTICLE 12. NEWSLETTER  

Unless the Client objects, the Company may send him a newsletter and personalized alerts in the form of e-mails or SMS.  

If the Customer no longer wishes to receive promotional messages, he can unsubscribe at any time from his Account or by clicking on the unsubscribe link in each promotional message.  

ARTICLE 13. MODIFICATIONS OF THE GTC  

LA JOIE 55 SARL reserves the right to change these conditions at any time, without notice. The version of the GTCs applicable to the transaction made by a Customer are those appearing on the Site at the time of the order and that the Customer will have accepted when validating his order.  

The version of the GTC applicable to the order is sent by email to the Customer at the same time as the order confirmation or upon receipt of payment in the event of payment by check or bank transfer.  

ARTICLE 14. AGREEMENT ON PROOF  

Customers understand and accept that all information, content, files, documents, and any element exchanged electronically via the Site with the Company constitute valid, admissible, reliable, opposable proof, and having the probative force of an act under private signature, unless proven otherwise.  

Customers undertake not to contest the admissibility, validity, enforceability, reliability or probative value of these elements.  

ARTICLE 15. APPLICABLE LAW - DISPUTE RESOLUTION  

The contract formed by the acceptance of these General Conditions of Sale when ordering is subject to French law. The language of this contract is French. The Customer may in the event of a complaint following an order contact customer service to find an amicable solution by email to marseillefriends@gmail.com indicating his contact details and any information that may be requested to allow the resolution of the litigation.  

If the dispute persists, the Customer may contact the European Commission's online dispute resolution service at  

following: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLa nguage.  

In the absence of an amicable settlement and for any dispute relating to these Product GTCS, and in accordance with the provisions of Article R.631-3 of the Consumer Code, the Customer may refer either to one of the jurisdictions with territorial jurisdiction under the Code of Civil Procedure, i.e. the jurisdiction of the place where he resided at the time of the conclusion of the contract or the occurrence of the harmful event.