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General Terms and Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE 

ARTICLE 1 – Scope of application
These General Terms and Conditions of Sale apply, without restriction or reserve, to all sales concluded by KELLY CHATEL SAS (the seller) with consumers and non-professional buyers (“the Customers”), wishing to acquire the products offered for sale by KELLY CHATEL SAS (“the Products”) on the website http://drolesdemarmots.com. They specify in particular the conditions of order, payment, delivery and management of possible returns of the Products ordered by the Customers.
These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, in particular those applicable to sales in shops or through other distribution and marketing channels.
They are accessible at any time on the website http://drolesdemarmots.com and shall prevail, if necessary, over any other version or any other contradictory document.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is the one in force on the website on the date the order is placed.
The modifications of these General Terms and Conditions of Sale are opposable to the users of the website http://drolesdemarmots.com as from their online publication and cannot be applied to transactions concluded previously.

ARTICLE 2 – Products offered for sale
The main characteristics of the Products and in particular the specifications, illustrations and dimensions of the products are presented on the website http://drolesdemarmots.com.
The Customer is obliged to read them before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the website http://drolesdemarmots.com are not contractual and shall not engage the responsibility of the Seller.
The Customer must refer to the description of each Product in order to know its properties, essential characteristics and delivery times. The contractual information is presented in French and is confirmed at the latest when the Customer validates the order.
In the case of sales abroad, it is advisable to find out about the laws applicable in the countries concerned, to ensure compliance with any constraints they impose and to translate the terms of sale into the appropriate languages.
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product or Products concerned.
For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Customer.

ARTICLE 3 – Duration of validity of the offer of Products
Product offers are subject to availability, as specified when the order is placed.

ARTICLE 4 – Seller’s contact details
The Seller’s contact details are as follows:
Name or corporate name of the Seller: CHATEL Kelly SAS
Unique identification number: 903 504 918
Head office address: 23 chemin du pré Des Moines, 74200 Thonon-Les-Bains FRANCE
E-mail address: contact@drolesdemarmots.com
In accordance with the French Data Protection Act of 6 January 1978, reinforced and completed by the RGPD (General Data Protection Regulation) which came into force on 25 May 2018, the Customer has, at any time, the right to access, rectify, object to, delete and port all of his personal data by writing, by post and providing proof of his identity, to the Vendor’s address, mentioned above.
Validation of the order by the Customer implies acceptance without restriction or reservation of these General Terms of Sale.
Warning: A minor may consent alone to the processing of personal data concerning the direct offer of information society services from the age of fifteen. For minors under the age of fifteen, a double consent is required: that of the minor and that of the guardian holding parental authority.
The Client acknowledges having the necessary capacity to contract and acquire the Products offered on the http://drolesdemarmots.com website.

ARTICLE 5 – Orders
5-1 . Placing an order
It is the Customer’s responsibility to select the Products he/she wishes to order on the http://drolesdemarmots.com website.
The Customer has the possibility to check the details of his/her order, its total price and to correct any errors before confirming his/her acceptance. It is the Customer’s responsibility to check the accuracy of the order and to report or rectify any errors immediately.
The registration of an order on the website http://drolesdemarmots.com is completed when the Customer accepts the present General Terms and Conditions of Sale by ticking the box provided for this purpose and validates the order. This validation implies the acceptance of the entirety of these General Terms and Conditions of Sale as well as the general terms of use of the website http://drolesdemarmots.com.
The sale is only definitive after CHATEL KELLY SAS has sent the Customer confirmation of acceptance of the order by e-mail, which must be sent without delay, and after the Customer has collected the full price and the full deposit due.
Any order placed, validated by the Customer and confirmed by CHATEL KELLY SAS, under the conditions and according to the methods described above, on the website http://drolesdemarmots.com constitutes the formation of a contract concluded at a distance between the Customer and CHATEL KELLY SAS.
In the absence of proof to the contrary, the data recorded in the Vendor’s computer system constitutes proof of all transactions concluded with the Customer.
CHATEL KELLY SAS reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning the payment of a previous order.

5-2 . Modification of the order
Once confirmed and accepted by CHATEL KELLY SAS, under the conditions described above, the order cannot be modified.

5-3 . Cancellation of the order
Once confirmed and accepted by CHATEL KELLY SAS, under the conditions described above, the order cannot be cancelled, except in the event of the exercise of the right of withdrawal or in the event of force majeure.

ARTICLE 6 – Prices
The Products are supplied at the prices in force on the http://drolesdemarmots.com website, at the time the order is registered by CHATEL KELLY SAS. The prices are expressed in Euros including VAT.
The prices take into account any discounts that may be granted by CHATEL KELLY SAS on the website http://drolesdemarmots.com.
These prices are firm and non-revisable during their period of validity, as indicated on the website http://drolesdemarmots.com , CHATEL KELLY SAS reserves the right, outside this period of validity, to modify the prices at any time. They do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the website http://drolesdemarmots.com and calculated before the order is placed.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional shipping costs, as they appear at the time the Customer validates the order, are entirely at his expense.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

ARTICLE 7 – Terms of payment
The price is payable in cash, in full, on the day the order is placed by the Customer, the dispatch of the order by CHATEL KELLY SAS and the delivery of the Products ordered, by means of secure payment by bank card. Payment by credit card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding amounts.
Payments made by the Client will only be considered as final once CHATEL KELLY SAS has effectively collected the sums due.
In addition, CHATEL KELLY SAS reserves the right, in the event of non-compliance with the payment conditions mentioned above, to suspend or cancel the delivery of orders in progress made by the Customer.
No additional costs, greater than those borne by CHATEL KELLY SAS for the use of a means of payment, may be invoiced to the Customer.

ARTICLE 8 – Delivery
The Products ordered by the Customer will be delivered within a period of time indicated on the Product sheet, plus the time required for processing and delivery, to the address indicated by the Customer when placing the order on the website http://drolesdemarmots.com.
Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered in one go.
CHATEL KELLY SAS undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above. However, these deadlines are communicated as an indication. If the Products ordered have not been delivered within the period indicated for any other reason than force majeure or the fact of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in articles L 216-2 L 216-3 L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest in the fourteen days which follow the date of denunciation of the contract, with the exclusion of any compensation or retention.
In the event of non-conformity of the Product delivered, CHATEL KELLY SAS undertakes to remedy the situation or to reimburse the Customer, as indicated in the article – “Responsibility of the Vendor – Guarantee”.
CHATEL KELLY SAS assumes the transport risks and is obliged to reimburse the Customer in the event of damage caused during transport.
The Customer is required to check the condition of the products delivered. The Customer has a period of 14 days from the date of delivery to formulate in writing (by post or e-mail) any reservations or claims for non-conformity or apparent defects of the Products delivered (for example, a damaged parcel that has already been opened, etc.), with all the relevant supporting documents (in particular, photographs). After this period and if these formalities are not respected, the Products will be deemed to be in conformity and free of any apparent defect and no claim can be validly accepted by CHATEL KELLY SAS.
CHATEL KELLY SAS will reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the lack of conformity or the apparent or hidden defects have been duly proven by the Customer, in accordance with the conditions set out in articles L 217-4 et seq. of the French Consumer Code and those set out in the present General Terms and Conditions of Sale (see warranties, in particular).

ARTICLE 9 – Transfer of ownership – Transfer of risks
Terms of transfer of ownership and transfer of risks.
Transfer of ownership upon acceptance of the order
The transfer of ownership of the Seller’s Products will take place as soon as the order is accepted by CHATEL KELLY SAS, materialising the agreement of the parties on the item and on the price, whatever the date of payment and delivery.

Transfer of ownership after full payment
The transfer of ownership of the Vendor’s Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto shall only be realised at the moment when the Customer takes physical possession of the Products. The Products therefore travel at the Seller’s risk.

ARTICLE 10 – Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from the date of receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify his reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within a maximum of fourteen days from the date of notification to the Seller of the Customer’s withdrawal decision.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not accepted.
The right of withdrawal can be exercised online, using the withdrawal form available on the drolesdemarmots.com website, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other statement, unambiguous, expressing the desire to withdraw. 
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs shall be reimbursed; the cost of returning the Product(s) shall be borne by the Customer.
The refund will be made within 14 days of the notification to the Seller of the decision to withdraw.

ARTICLE 11 – Responsibility of the Seller – Guarantee
The Products sold on the website http://drolesdemarmots.com comply with the regulations in force in France and have performances compatible with non-professional use.
The Products supplied by CHATEL KELLY SAS are guaranteed by right and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions,
It is reminded that in the context of the legal guarantee of conformity, the Customer

has a period of two years from the delivery of the goods to take action against the Seller

may choose between repairing or replacing the Product ordered, subject to the conditions of cost provided for in Article L.225-1 of the French Commercial Code.
of cost provided for in Article L 217-9 of the Consumer Code;

is exempted from proving the existence of the lack of conformity of the Product during the twenty four months following the delivery of the Product.

The Customer may decide to implement the guarantee against hidden defects in the Product in accordance with Article 1641 of the Civil Code; in this case, he/she may choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
In order to assert his rights, the Customer must inform CHATEL KELLY SAS, in writing, of the non-conformity of the Products within a maximum period of 2 years from the delivery of the Products or of the discovery of the hidden defects within the above-mentioned periods and return or bring back to the shop the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions…).
CHATEL KELLY SAS will reimburse, replace or have repaired the Products or parts under guarantee that are judged to be non-compliant or defective.
Postage costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of receipts.
Reimbursements for Products judged not to be in conformity or defective will be made as soon as possible and at the latest within 7 days following the observation by CHATEL KELLY SAS of the lack of conformity or the hidden defect.
The reimbursement will be made by crediting the Customer’s bank account or by bank cheque sent to the Customer.
The Vendor’s liability shall not be incurred in the following cases

non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,

in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.

The Seller’s guarantee is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

ARTICLE 12 – Protection of personal data

Pursuant to Law 78-17 of 6 January 1978, as amended by Law 2018-493 of 20 June 2018, it is recalled that the personal data requested from the Customer is necessary for the processing of the order and the preparation of invoices, in particular.
This data may be communicated to any of the Seller’s partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the website http://drolesdemarmots.com meets the legal requirements in terms of personal data protection, the information system used ensuring optimal protection of this data.
The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him.
This right may be exercised under the conditions and according to the procedures defined on the website http://drolesdemarmots.com.

ARTICLE 13 – Intellectual property
The content of the website http://drolesdemarmots.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.

ARTICLE 14 – Unforeseen circumstances
In the event of a change in circumstances unforeseeable at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not agreed to assume a risk of excessively onerous performance may request a renegotiation of the contract from its co-contractor.

ARTICLE 15 – Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, is the result of a case of force majeure, within the meaning of Article 1218 of the Civil Code.

ARTICLE 16 – Applicable law – Language
These General Terms and Conditions of Sale and the operations arising from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.

ARTICLE 17 – Disputes
All disputes to which the purchase and sale operations concluded in application of the present general conditions of sale could give rise, concerning both their validity, their interpretation, their execution, their cancellation, their consequences and their consequences and which could not be resolved between CHATEL KELLY SAS and the customer, will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he/she may in any case have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or with the existing sectorial mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
In the event of a reminder of the provisions of the RGPD concerning group action
The customer, noting that a violation of the General Regulation on the protection of personal data has been committed, has the possibility of mandating an association or a body mentioned in IV of Article 43 ter of the 1978 Data Protection Act, in order to obtain compensation against the data controller or subcontractor before a civil or administrative court or before the National Commission on Data Processing and Freedoms.

ARTICLE 18 – Pre-contractual information – Customer acceptance
The fact that a natural person (or legal entity) places an order on the website http://drolesdemarmots.com implies full acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products ordered, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document which would be unenforceable against the Seller.

APPENDIX 1
– Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

CHATEL KELLY SAS is required to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. It is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made its responsibility by the contract or was carried out under its responsibility.

Article L217-5 of the Consumer Code To be in conformity with the contract, the goods must:

● Be fit for the use usually expected of a similar good and, where applicable:correspond to the description given by CHATEL KELLY SAS and possess the qualities that the latter presented to the buyer in the form of a sample or modelhave the qualities that a buyer may legitimately expect in view of the public statements made by CHATEL KELLY SAS, by the producer or by his representative, particularly in advertising or labelling

● Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L217-12 of the Consumer Code

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article L217-16 of the Consumer Code

When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer’s request for intervention or from the time the item in question is made available for repair, if this is after the request for intervention.

Article 1641 of the Civil Code

CHATEL KELLY SAS is bound by the guarantee for hidden defects in the item sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known about them.

Article 1648 paragraph 1 of the Civil Code

The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.

ANNEXE 2

– Withdrawal form

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on http://drolesdemarmots.com, except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.

To the attention of Seller’s number and street Seller’s postal code

Seller’s city

I hereby give notice of withdrawal from the contract for the order of the following services:

● Order of Date

● Order number: …………………………………………………..

● Customer’s name: …………………………………………………………………

● Customer’s address: ……………………………………………………………..

Customer’s signature (only in case of notification of this form on paper):