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Terms of Sales

Preamble

These general terms and conditions of sale apply to all sales concluded on the website www.terrafusionue.com.

The website https://www.terrafusionue.com is a service provided by:

Sol Angel BENITEZ - Sole Proprietorship - Siren 918519414

Located at 6, rue blanche, 74230 Thônes, France

Website URL: https://www.terrafusionue.com

Email: terrafusionue@gmail.com

Phone number: 0626615098

The website www.terrafusionue.com sells the following products: Bags, scarf accessories.

The customer declares to have read and accepted the general terms and conditions of sale prior to placing their order. The validation of the order implies acceptance of the general terms and conditions of sale.

Article 1 – Principles

These general conditions express the entirety of the parties' obligations. In this sense, the buyer is deemed to accept them without reserve.

These general terms and conditions of sale apply to the exclusion of all other conditions, especially those applicable to in-store sales or through other distribution and marketing channels.

They are accessible on the website www.terrafusionue.com and will prevail, if necessary, over any other version or conflicting document.

The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions punctually. They will be applicable as soon as they are posted online.

If a sales condition were to be lacking, it would be considered governed by the practices in force in the distance selling sector, where companies have their registered office in France.

These general terms and conditions of sale are valid until December 31, 2024.

Article 2 – Content

These general conditions aim to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website www.terrafusionue.com.

These conditions only concern purchases made on the www.terrafusionue.com website and delivered in the European Union or abroad. For purchases in other locations, please send a message to the following email address: terrafusionue@gmail.com

These purchases concern the following products: Bags, hats, fashion accessories, scarves.

Article 3 – Pre-contractual information

The buyer acknowledges having been provided, before placing an order and concluding the contract, in a clear and understandable manner, with these general terms and conditions of sale and all the information listed in Article L. 221-5 of the Consumer Code.

The following information is provided to the buyer in a clear and understandable manner:

The essential characteristics of the product.

If one or more taxes or contributions, particularly environmental ones, are created or modified, whether increased or decreased, this change may be reflected in the selling price of the products. Customs duties related to a purchase outside the European Union are the responsibility of the customer.

Article 10 – Payment Method

This is an order with an obligation to pay, meaning that placing the order implies payment by the buyer.

To pay for the order, the buyer has, at their discretion, all payment methods made available by the seller and listed on the seller's website. The buyer guarantees to the seller that they have the necessary authorizations to use the chosen payment method when validating the order. The seller reserves the right to suspend any order management and delivery in case of refusal of payment authorization by credit card from officially accredited organizations or in case of non-payment. The seller specifically reserves the right to refuse to make a delivery or honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.

Payment is made in full on the day of the order, following the following methods:

Credit card
Paypal
Bank transfer
Article 11 – Product Availability – Refund – Resolution

Except in cases of force majeure or during periods of closure of the online store, which will be clearly announced on the site's homepage, shipment times will, within the limits of available stock, be as indicated below. Shipment times start from the date of order registration indicated in the order confirmation email.

For deliveries in Metropolitan France and Corsica, the period is 5 days from the day following the buyer's order, using the following methods: by Colissimo. At the latest, the period will be 30 working days after the conclusion of the contract.

For deliveries to the Overseas Departments and Territories (DOM-TOM) or another country, delivery methods will be specified to the buyer on a case-by-case basis.

In case of non-compliance with the agreed-upon delivery date or deadline, the buyer must, before terminating the contract, instruct the seller to fulfill it within a reasonable additional period.

In the absence of execution at the expiration of this new period, the buyer can freely terminate the contract.

The buyer must carry out these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.

The contract will be considered resolved upon receipt by the seller of the letter or writing informing them of this resolution unless the professional has executed it in the meantime.

However, the buyer can immediately terminate the contract if the dates or deadlines above constitute an essential condition of the contract for them.

In this case, when the contract is terminated, the seller is obliged to reimburse the buyer for the full amount paid, no later than 14 days following the date on which the contract was denounced.

In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer will then have the choice to either request a refund of the amounts paid within 14 days of their payment or exchange the product.

Article 12 – Delivery Terms

Delivery means the transfer to the consumer of physical possession or control of the goods. The ordered products are delivered according to the specified terms and deadlines.

Products are delivered to the address indicated by the buyer on the order form; the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. At the buyer's request, an invoice can be sent to the billing address and not to the delivery address, by selecting the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the carrier will leave a delivery notice in the mailbox, which will allow the parcel to be collected at the specified location and time.

If, at the time of delivery, the original packaging is damaged, torn, or open, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the parcel and make a note of the damage on the delivery note (parcel refused because it is open or damaged).

The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by their signature any anomaly concerning the delivery (damage, product missing compared to the delivery note, damaged package, broken products, etc.).

This check is considered done as soon as the buyer, or a person authorized by them, has signed the delivery note.

The buyer must then confirm these reservations by registered letter with acknowledgment of receipt to the carrier no later than two working days following the receipt of the item(s) and send a copy of this letter by fax or regular mail to the seller at the address indicated in the legal notices of the site.

If the products need to be returned to the seller, a return request must be made to the seller within 14 days of delivery. Any claim made outside of this period cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

Article 13 – Delivery Errors

The buyer must notify the seller on the same day of delivery or at the latest on the first working day following delivery of any claim for delivery error and/or non-conformity of the products in nature or quality compared to the indications on the order form. Any claim made beyond this period will be rejected.

The claim can be made, at the buyer's choice:

– by phone at the following number: +33 (0)626615098;
– by email at the following address: terrafusionue@gmail.com

Any claim not made in accordance with the rules defined above and within the specified time limits will not be considered and will release the seller from any liability towards the buyer.

Upon receipt of the complaint, the seller will assign an exchange number for the concerned product(s) and communicate it by email to the buyer. The exchange of a product can only take place after the allocation of the exchange number.

In case of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, via Colissimo Recommandé, to the following address: Terra Fusion, 6 rue blanche, 74230 Thônes – France.

Return costs are borne by the seller.

Article 14 – Product Warranty

14-1 Legal Conformity Warranty

The seller is responsible for the conformity of the goods sold to the contract, allowing the buyer to make a claim under the legal conformity warranty provided for in Articles L. 217-4 and following of the Consumer Code.

In case of implementation of the legal conformity warranty, it is reminded that:

the buyer has a period of 2 years from the delivery of the goods to take action;
the buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
the buyer does not have to prove the non-conformity of the goods during the 24 months for new goods (6 months for second-hand goods) following the delivery of the goods.
14-2 Legal Warranty for Hidden Defects

In accordance with Articles 1641 and following of the Civil Code, the seller is responsible for hidden defects that may affect the goods sold. It will be up to the buyer to prove that the defects existed at the time of sale of the goods and are of a nature to make the goods unfit for the use for which they are intended. This warranty must be implemented within two years from the discovery of the defect.

The buyer can choose between canceling the sale or reducing the price in accordance with Article 1644 of the Civil Code.

Article 15 – Right of Withdrawal

Application of the Right of Withdrawal

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty, except for return costs which remain the responsibility of the buyer.

Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice.

Damaged, soiled, or incomplete products will not be accepted.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of withdrawal declaration is accepted. It must be unambiguous and express the intention to withdraw.

In case of exercise of the right of withdrawal within the aforementioned period, the price of the purchased product(s) will be refunded, and the delivery costs will be refunded.

Return costs are the responsibility of the buyer.

The exchange (subject to availability) or refund will be made within 48 hours, and at the latest, within 14 days from the receipt, by the seller, of the products returned by the buyer in the conditions provided above.

Exceptions

According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

for the supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
for the supply of goods made to the consumer's specifications or clearly personalized;
for the supply of goods liable to deteriorate or expire rapidly;
for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
for the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
for the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose agreed value at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
for urgent maintenance or repair work to be carried out at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
for the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
for the supply of a newspaper, periodical, or magazine, except for subscription contracts for these publications;
for the supply of digital content not supplied on a material medium whose performance has begun after the consumer's prior express agreement and express waiver of his right of withdrawal.
Article 16 – Force Majeure

All circumstances beyond the control of the parties preventing the normal performance of their obligations are considered as causes of exemption from the obligations of the parties and lead to their suspension.

The party invoking the circumstances mentioned above must immediately notify the other party of their occurrence, as well as their disappearance.

Shall be considered as force majeure all irresistible facts or circumstances, external to the parties, unpredictable, unavoidable, independent of the will of the parties, and which cannot be prevented by them, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous cases, in addition to those usually retained by the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks, or difficulties specific to external telecommunication networks to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the contract will be continued. If the force majeure event lasts for more than three months, these general conditions may be terminated by the injured party.

Article 17 – Intellectual Property

The content of the website remains the property of the seller, the sole holder of the intellectual property rights to this content.

Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.

Article 18 – Information Technology and Liberties

The personal data provided by the buyer is necessary for the processing of their order and the establishment of invoices.

They can be communicated to the seller's partners responsible for the execution, processing, management, and payment of orders.

The processing of information communicated through the website www.terrafusionue.com has been the subject of a declaration to the CNIL.

The buyer has a permanent right of access, modification, rectification, and opposition regarding information concerning them. This right can be exercised under the conditions and according to the methods defined on the website www.terrafusionue.com.

Article 19 – Partial Non-validation

If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation, or following a definitive decision of a competent jurisdiction, the other stipulations will retain their full force and scope.

Article 20 – Non-Waiver

The fact that one of the parties does not invoke a breach by the other party of any of the obligations specified in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.

Article 21 – Title

In case of difficulty in interpreting any of the titles appearing at the beginning of the clauses, and any of the clauses, the titles shall be declared nonexistent.

Article 22 – Language of the Contract

These general terms and conditions of sale are drafted in the French language. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

Article 23 – Mediation and Dispute Resolution

The buyer may resort to conventional mediation, especially with the Consumer Mediation Commission or existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The names, contact details, and email address of the mediator are available on our website.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has established an Online Dispute Resolution platform, facilitating independent out-of-court settlement of disputes online between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

Article 24 – Applicable Law

These general terms and conditions are subject to the application of French law. The competent court is the judicial court.

This applies to both substantive and procedural rules. In the event of a dispute or complaint, the buyer will first contact the seller to seek an amicable solution.

Article 25 – Protection of Personal Data

Data Collected

The personal data collected on this site includes:

  • Account opening: when the user creates their account, their name; first name; email address; phone number; postal address;

  • Connection: when the user logs into the website, it records, in particular, their name, first name, connection, usage, location data, and payment data;

  • Profile: the use of services provided on the website allows for the completion of a profile, which may include an address and a phone number;

  • Payment: in the context of payment for products and services offered on the website, it records financial data related to the user's bank account or credit card;

  • Communication: when the website is used to communicate with other members, data regarding user communications is subject to temporary retention;

  • Cookies: cookies are used in the use of the site. The user has the option to disable cookies from their browser settings.

Use of Personal Data

The personal data collected from users aims to provide website services, improve them, and maintain a secure environment. More specifically, the uses are as follows:

  • Access and use of the website by the user;

  • Management of the operation and optimization of the website;

  • Organization of the conditions of use of payment services;

  • Verification, identification, and authentication of data transmitted by the user;

  • Offering the user the possibility to communicate with other users of the website;

  • Implementation of user support;

  • Customization of services by displaying advertisements based on the user's browsing history, according to their preferences;

  • Prevention and detection of fraud, malware (malicious software), and management of security incidents;

  • Handling any disputes with users;

  • Sending commercial and advertising information, based on the user's preferences.

Sharing of Personal Data with Third Parties

Personal data may be shared with third-party companies in the following cases:

  • When the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;

  • When the user publishes information accessible to the public in the free comment areas of the website;

  • The user's data may be shared with third-party websites under the following circumstances:

  • When the user authorizes a third-party website to access their data.
    When the website uses service providers to provide user assistance, advertising, and payment services. These providers have limited access to user data within the scope of their services and are contractually obligated to use them in accordance with applicable data protection regulations.
    If required by law, the website may transmit data to respond to claims against the website and comply with administrative and judicial procedures.
    If the website is involved in a merger, acquisition, asset sale, or judicial reorganization, it may transfer or share all or part of its assets, including personal data. In such cases, users would be informed before personal data is transferred to a third party.
    Security and Confidentiality

  • The website implements organizational, technical, software, and physical measures for digital security to protect personal data against alterations, destruction, and unauthorized access. However, it is noted that the internet is not a completely secure environment, and the website cannot guarantee the security of information transmission or storage on the internet.

  • Exercise of User Rights

  • In accordance with applicable data protection regulations, users have the following rights, which they can exercise by making their request to the following address: terrafusionue@gmail.com

  • The right of access: Users can exercise their right to access to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity to verify its accuracy.
    The right to rectification: If the personal data held by the website is inaccurate, users can request the update of the information.
    The right to erasure of data: Users can request the deletion of their personal data in accordance with applicable data protection laws.
    The right to limit processing: Users can request the website to limit the processing of personal data according to the hypotheses provided by the GDPR.
    The right to object to data processing: Users can object to the processing of their data according to the hypotheses provided by the GDPR.
    The right to data portability: Users can request that the website provide them with the personal data provided to transmit to a new website.
    Changes to this Clause

  • The website reserves the right to make any changes to this personal data protection clause at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the modification by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the option to delete their account.

  • Annex 1:

Withdrawal Form

(To be completed by the consumer and sent by registered letter with acknowledgment of receipt, within a maximum of 14 days following the date of conclusion of the service contract)

Withdrawal Form:

To the attention of:

Terra Fusion – Sol Angel BENITEZ – 918519414 RCS Annecy located at: 6 rue blanche, 74230 Thônes, phone number: +33 (0) 62615098, email address: terrafusionue@gmail.com

I hereby notify you of my withdrawal from the contract for …………………, ordered on: ……… Consumer's first and last name: …………….. Consumer's address: …………….. Date: ……………… Signature of the consumer

  • Annex 2:

Consumer Code

(Articles L. 217-4 to L. 217-16)

Civil Code

(Articles 1641 and 1648)

©2024 - TERRA FUSION, ALL RIGHTS RESERVED

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