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THE BRAND

General terms and conditions of sales

Update: June 01, 2023

 

Article 1: Purpose and scope

 

These general terms and conditions of sale (GTCS) form the basis for commercial negotiations and are available at the bottom of the www.ecojolie-store.com website page.

 

The following terms are referred to hereafter as long as they are written with the first letter capitalized:

 

  • "Site": the https://www.ecojolie-store.com site and all its pages.

  • "Products" or "Services": all Products (physical and dematerialized) and Services (services) that can be purchased or subscribed to on the Site.

  • "Seller": Ecojolie, a natural person, offering its Products or Services on the Site.

  • "Customer": Individual or Professional purchasing a Product(s) or Service(s) on the Site.

  • "Individual": Any natural person acting for purposes that do not fall within the scope of his or her commercial, industrial, craft or self-employed activity.

  • "Professional": Any individual or legal entity, public or private, acting for purposes within the scope of its commercial, industrial or artisanal activity, including when acting in the name of or on behalf of another Professional.

  • "Customer Account": the personal account created by the Customer and accessible on the Site.

  • "Pattern": Product in the form of a dimensioned, reduced-size diagram sold in A4 PDF format by Ecojolie.

 

The general terms and conditions of sale described below detail the rights and obligations of Ecojolie and its Customer in connection with the sale of the following Products: Sewing patterns, marketing licenses and electronic gift cards.

 

These terms and conditions of sale apply only to purchases made by buyers located in France and delivered exclusively within France. For purchases outside France, please send an e-mail to: contact@ecojolie-store.com.

They apply to the Ecojolie website at www.ecojolie-store.com. The Site is the property of Ecojolie. The languages available on the Site are mainly French and occasionally English.

 

Legal information concerning the Site's host and publisher, the collection and policy of personal data and the conditions of use of the Site are provided in the general conditions of use, legal notice and personal data policy of this Site.

 

The Customer acknowledges having been informed, prior to placing an order and entering into a contract, in a legible and comprehensible manner, of the present terms and conditions of sale and of all the information listed in article L. 221-5 of the French Consumer Code.

 

Any acceptance of the quotation/order form, including the clause "I have read the Ecojolie terms and conditions of sale and accept them without reservation", implies the Customer's unreserved acceptance of these terms and conditions of sale. In this respect, they are enforceable in accordance with the terms of article 1119 of the French Civil Code.

 

Ecojolie reserves the right, at any time, to change, modify (update date indicated at the top), supplement or delete portions of these terms and conditions. It is the Customer's responsibility to check for any changes. The general terms and conditions of sale applicable to the Customer are those in force on the day the order is placed on the Site.

 

 

Article 2: Intellectual property

 

Ecojolie Patterns are registered with INPI and are protected by copyright and other intellectual property laws. It is strictly forbidden to copy, reproduce, republish, resell or distribute in any way whatsoever the Ecojolie brand Patterns except in the case of a prior written agreement with the Ecojolie brand. All Ecojolie patterns are subject to a commercial license.

Any commercialization of garments based on Ecojolie Patterns without prior payment of the commercialization license is forbidden under penalty of prosecution.

Any sewing workshop or teaching activity using Ecojolie patterns is subject to the Teaching license sold on this Site.

It is forbidden to use Ecojolie patterns in sizes other than those offered on the Site, as the patterns are protected by an INPI registration. Only Ecojolie is authorized to extend the sizes of its patterns.

 

 

Article 3: Products

 

The following information is provided to the customer in a clear and comprehensible manner:

 

  • The essential characteristics of the Products

  • Product price (no delivery charges)

 

The Products governed by the present terms and conditions of sale are those which appear on the Vendor's Website and which are indicated as sold and dispatched by the Vendor. They are offered while stocks last.

 

The Products are described and presented in as much detail as possible. However, Ecojolie cannot be held responsible for any errors or omissions in this presentation. Product descriptions and photographs are not contractual.

 

 

3.1 - Patterns (for individuals and professionals)

 

The Patterns are sold in digital format (PDF) in a reduced size with a detailed explanatory document on how to assemble the garment. Patterns and documents are sent to the customer only in the form of a dimensioned drawing in A4 PDF format.

 

The customer will not receive a paper printout after finalizing the order. Patterns in the form of dimensioned diagrams are to be printed in A4 format using a standard printer. It is the Customer's responsibility to print the pattern and follow the instructions on the pattern in order to reproduce the pattern to scale from the dimensional drawing supplied by the Seller. The dimensional drawing represents the Pattern placed for the cutting (cutting plan) of his garment in reduced format. Measurements are given in cm. For certain complex curves or specific details, the Seller may add this information on a scaled A4 PDF document so that the Customer can reproduce them accurately. Printing instructions are available on the PDF document. Patterns and explanations in the explanatory data sheets are in French and may be available in English.

 

The Seller provides the Customer with a measurement chart on each Product description page of its Site. It is the Customer's responsibility to check the measurements on the chart before purchasing the Pattern. Ecojolie cannot be held responsible in the event of choosing the wrong Pattern size or misusing the Patterns.

 

The Seller reserves the right to remove, add or modify Patterns or Licenses at any time on the Ecojolie Website.

 

3.2-Marketing licenses (for professionals only)

 

3.2.1- If you are an individual Customer and you purchase a Pattern for your personal use, you are not concerned by the commercialization license.

For industrial use, please contact Ecojolie directly by e-mail at the following address: contact@ecojolie-store.com

All patterns and documents on this Site are the property of Ecojolie and are registered with the INPI.

The Ecojolie commercial license allows the Professional Customer to commercialize products made with Ecojolie Patterns. It is forbidden to use the Ecojolie Patterns and to sell garments made from them without a commercial license. The license gives the Customer a right of use but does not give any right of ownership on the Patterns. These commercial licenses are exclusively reserved for customers or craftsmen who work alone and produce small series. The making of articles from Ecojolie Patterns must be carried out by the Customer who has contracted the license and not by a third party. Customers may sell garments made with Ecojolie patterns at any price they wish.

Adherence to the marketing license does not exempt the customer from the legal obligations (of the country in which he/she carries out his/her activity) concerning the manufacture and sale of textile products.

Prices are in euros and exclusive of tax (VAT not applicable).

The price of the Patterns is not included in the purchase of the commercial license: the Customer must purchase the Pattern separately from the commercial license.

Customers can rename their garments with any name they wish, or keep the original pattern name. Customers who have subscribed to the Ecojolie licensing system and have paid for their license may use the Ecojolie size guide chart and the Ecojolie size denomination (A B C D ...) on their sales floor. He may also rename the sizes as he sees fit.

Commercial licenses are payable to Ecojolie at the time of production of the garment(s) or course and not at the time of sale of the garment or accessory made by the Customer and are non-refundable.

The Customer can combine several Ecojolie Patterns in the same pack. For example, if the Customer buys a ten-license pack, he can use three or more Ecojolie patterns to make his ten garments.

 

3.2.2- Information to appear on the sales space of the Customer who sells e-commerce on a website, social network, forum, blog or any other Internet sales platform.

  1. The Customer undertakes to display the photo including our brand (downloadable from our licenses page on this Site) and to integrate it into his photos of products made from our patterns. This photo may be placed in the last position of the Customer's product photos.

  2. The Customer undertakes to clearly display the words: Model under Ecojolie license, https://www.ecojolie-store.com/ (which can be copied from our licenses page on this Site) in the description of his product sheet on his sales space (next to the product). The words may be in the color and font of the Customer's choice.

 

3.2.3 - Information to be displayed on the sales area of customers who sell physically (store, store, stand, market, etc.)

 

For a physical sales area (store, stand, market...), the image downloadable from our licenses page must appear in color (clearly and visibly) close to the items made from our patterns. It can be printed on the customer's choice of support in A5 format minimum (in a frame, for example, or on an easel).

 

3.2.4 - Marketing licenses: specific features of each license (in addition to paragraphs 3.2.1 , 3.2.2 and 3.2.3) :

 

  • Single license

 

The price of a single license is €4.90 excluding tax.

To sew and sell 1 garment with 1 of our patterns.

Licenses purchased by the customer are valid for a maximum of one year.

 

 

  • Pack 10 licenses

 

The price of a pack of 10 licenses is €45 excluding tax.

Licenses purchased by the customer are valid for a maximum of one year.

 

 

  • Pack 100 licenses

 

The price of the 100-license pack is €399 excluding tax.

                Licenses purchased by the customer are valid for a maximum of one year.

 

 

  • Craftsman's license

 

The price of an artisan's license is €58 per month, excluding tax.

The Artisan license is a subscription license. The subscription begins on the day of purchase of the Product, with automatic renewal. Any month started is non-refundable. The customer may cancel the subscription at any time; there is no obligation.

The subscription begins on the date of purchase and the Seller invoices in the interval of automatic monthly renewal. By taking out this subscription, the Vendor is authorized to automatically invoice the monthly rate of 58€ excluding taxes (VAT not applicable) according to the bank details provided by the Customer. By using this paid service, the Customer agrees to pay the specified recurring fees.

On the Site, customers can schedule the start of their subscription by choosing the date.

The customer can check the renewal date, cancel or manage his subscription at any time in his Account settings on the Site or by contacting contact@ecojolie-store.com.

 

  • Education pack

 

The price of the teaching license is €33 excluding tax.

This license is designed for teachers in schools or on their own. (Leading workshops, courses...)

 

This license entitles you to run a course with only one of our bosses at a time.

If this pattern is taught over several time slots, the teacher only pays for the license once.

The pattern distributed to students for this course is offered to them. Students don't have to buy the pattern on our website; they can leave with the document distributed by the teacher. However, students are not allowed to distribute the pattern in any form, nor may they sell the garment they have created.

Licenses purchased by the customer are valid for a maximum of one year.

 

3.3-Electronic gift cards (for individuals only)

 

3.3.1- Electronic board conditions.

 

The Customer may purchase an electronic gift card valid only on this Site. Gift cards are intended for individual customers only. The fourteen-day right of withdrawal only applies to electronic gift cards if the card has not been used at all.

The purchase and use of the electronic gift card implies acceptance of these terms and conditions of sale.

The electronic gift card will be sent directly by e-mail to its recipient at the address indicated by the Customer. The Vendor cannot be held responsible in the event of an incorrect e-mail address. The customer chooses the amount, from a minimum of ten euros to a maximum of four hundred euros, and can choose a personalized amount between these two figures, or select one of the predefined amounts: sixteen euros, twenty-five euros, fifty euros, one hundred euros, one hundred and fifty euros or two hundred euros.

The customer can select for whom the gift card is intended. They select the "someone else" button if the card is intended for a third party, and the "myself" button if the card is intended for them.

The customer must fill in the e-mail address and name of the recipient if the gift card is intended for "someone else". The customer can also select the delivery date for the card. The card is programmed for immediate delivery, but by clicking on the delivery date icon, the Customer will be able to select the date on which he/she would like the card to be delivered electronically. The card will then be activated on the delivery date specified by the Customer. The card is activated for one year from the date of activation. After this period, the card will no longer be valid.

The customer may accompany the gift card with a message to the recipient in the "message" tab. The customer is required to comply with all applicable laws. The customer is responsible for the message delivered to the recipient and undertakes not to harm a third party by delivering a benevolent and respectful message to the recipient.

The Vendor cannot be held responsible in the event of language considered abusive or indecent on the part of the Customer sending the electronic gift card.

The electronic card can be used all at once, or several times during the one-year activation period.

Once payment has been made, the Customer receives an e-mail confirming the purchase.

The recipient of the card then receives an e-mail with the subject "You have just received a gift card from Last Name First Name" (Last Name and First Name will be replaced by the last name and first name of the Customer sending the e-card to a third party.

The unique gift card code appears in this e-mail. It is the recipient's responsibility to keep this code and this e-mail in a safe place so that they can be found and used on the Site to benefit from the electronic gift card. The Seller cannot be held responsible in the event of loss of the electronic gift card code.

When a customer purchases an e-gift card, the order appears in the "my orders" tab of their Customer Account.

 

3.3.2 - Products concerned.

 

The Products concerned by the e-card are the Sewing Patterns sold on this Site. The recipient of the e-card may not purchase marketing licenses with an e-card. The e-card is intended for individual customers only.

 

3.3.3 - Use of the electronic gift card.

 

To use the electronic gift card, the card recipient visits the Site and selects the Sewing Pattern(s) he/she wishes to purchase. At checkout, they select the "use gift card" option and enter the unique gift card code they received in the e-mail they received earlier.

If the sale price is worth more than the value of the electronic gift card, the Customer may pay the remaining cost using the usual means of payment.

If the order total is less than the value of the e-gift card, the remaining amount can be used for a future purchase up to a maximum of one year from the card activation date.

The recipient of the electronic gift card cannot exchange the card for cash, but must use the card to purchase sewing patterns on the Site.

Any complaints regarding the use of the electronic gift card can be sent by e-mail to contact@ecojolie-store.com .

 

 

 

Article 4: Ordering on the Site

 

On the Site, the Customer selects, enters and validates the identification and quantity of Products he wishes to order, within the limits of available quantities, and the Products are added to his basket. The Customer is free to modify the basket of Products previously selected, delete a Product initially selected, modify the quantities ordered or add a Product to the basket.

The Customer must check the accuracy of the order before confirming it.

By clicking on the "payment" button, the Customer places a firm order for the Product(s) in his/her shopping basket. The Customer can only place an order if he/she has read and accepted the present general terms and conditions of sale by clicking on the "payment" button and ticking the box accepting the general terms and conditions of sale. They must also enter their address and validate the method of payment.

Once the Customer has paid for his/her order, he/she receives an e-mail containing the purchase invoice with a summary of his/her order as proof of purchase, as well as the Products ordered via a download link.

 

Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be settled within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, notably non-payment, incorrect address or other problem with the Customer's account, the Vendor reserves the right to block the Customer's order until the problem has been resolved.

For any question related to the follow-up of an order, the Customer can contact Ecojolie by e-mail at the following address: contact@ecojolie-store.com

 

Article 5: Electronic signature

 

The online provision of the buyer's credit card number and the final validation of the order shall constitute proof of the customer's agreement:

  • Payability of sums due under the purchase order

  • Signature and express acceptance of all operations carried out

In the event of fraudulent use of the credit card, the Customer is invited to contact the Vendor at the following address: contact@ecojolie-store.com

 

 

Article 6: Proof of transaction

 

Computerized registers, kept in the Vendor's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as proof.

 

 

Article 7: Updating models and sizes

 

Zero drop design is more complex than standard design. Ecojolie is working on extending the sizes of its Patterns and prefers to add sizes as we go along, in order to offer new models to our Customers. Some patterns are not feasible in all sizes: this is due to the complexity of obtaining 100% efficient pattern placement. 

Ecojolie may modify its Products or make updates as it works.

 

 

Article 8: Level of difficulty

 

The Ecojolie patterns are classified and symbolized by 3 levels of difficulty:

  • For beginners,

These levels characterize the level of sewing experience, not the difficulty of the pattern itself or the time it takes to complete. The list of skills below is not exhaustive. In any case, Customers must have some sewing experience and have already made garments.

 

Beginner level

 

People who know :

 

  • Master a sewing machine, have already made a few garments and have sewing experience.

  • Draw a pattern using a reduced-size side diagram.

  • Read assembly diagrams.

 

 

Intermediate level

 

People who know :

 

  • Master a sewing machine, have already made a few garments and have sewing experience.

  • Draw a pattern using a reduced-size side diagram.

  • Read assembly diagrams and own a threading machine.

 

 

Advanced level

 

People who know :

 

  • Mastery of a sewing machine, who has already made all types of garments and has a lot of sewing experience.

  • Draw a pattern using a reduced-size side diagram.

  • Read assembly diagrams, know technical terms and own a threading machine.

  • Has been sewing for several years and knows the techniques and technical terms involved.

  • Sewing fluid, elastic materials....

 

 

 

Article 9: Measurement table

 

Ecojolie's measurement chart is available on each product page. Sizes range from A to K. Customers should consult this chart to determine which size to purchase. Patterns are not available in all sizes due to the difficulty of obtaining a zero-fall pattern.

 

 

Article 10: Prices

 

The prices of the Products or Services sold are those in force on the day the order is taken. They are denominated in euros (€ EUR) and calculated exclusive of tax (VAT not applicable, article 293 B of the French General Tax Code). The prices indicated are therefore the final prices; no taxes or delivery charges are added.

Ecojolie reserves the right to modify its prices at any time. However, the Vendor undertakes to invoice the goods ordered at the prices indicated when the order is placed.

If one or more taxes or contributions, in particular environmental taxes, are created or modified, either upwards or downwards, this change may be reflected in the sale price of the Products.

The price is payable in full in a single instalment when the order is placed.

 

 

Article 11: Discounts and trade rebates

 

The prices indicated on the Site and in these General Terms and Conditions of Sale are those charged by Ecojolie. The Professional Customer may not benefit from discounts or rebates. The Seller does not offer discounts or early payment. Payment in full must be made at the time of order.

 

 

Article 12: Terms of payment

 

This is an order with a payment obligation, which means that placing the order implies payment by the Customer.

To pay for an order, the Customer may choose from all the payment methods made available by the Vendor and listed on the Vendor's Site. The Customer guarantees the Vendor that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the order form. The Vendor reserves the right to suspend all order processing and deliveries in the event of refusal to authorize payment by credit card by officially accredited organizations, or in the event of non-payment. In particular, the Vendor reserves the right to refuse to make a delivery or to honour an order from a purchaser who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress. The seller has set up an order verification procedure to ensure that no one uses another person's bank details without their knowledge.

As part of this verification, the Customer may be asked to send the Vendor a copy of an identity document and proof of address by e-mail. The order will only be validated once the Vendor has received and checked the documents sent.

 

Payments will be made under the following conditions:

  • Cash on delivery

  • Payment by monthly direct debit for the artisan pack until the package is cancelled.

 

Payment for orders must be made :

  • By credit card (Visa, Mastercard, American Express, Discover& Diners, China UnionPay, Japan Credit Bureau (JCB), Cartes bancaires, Discover, Electron, Maestro) via Stripe

 

Payments made by the Customer will only be considered final once the amounts owed by the Customer to the Vendor have been received.

 

 

Article 13: Shipment of Products

 

Except in cases of force majeure, or during periods when the online store is closed, which will be clearly announced on the Site's home page, shipping times will be as indicated below, subject to stock availability. Delivery times run from the order registration date indicated on the order confirmation e-mail.

 

The Customer receives a link valid for thirty days to download the digital Products on the thank-you page of this Site, as well as a link by e-mail to the address indicated at the time of ordering. The Vendor cannot be held responsible for any loss of documents or incorrect e-mail address. It is the Customer's responsibility to save the file.

 

The Vendor undertakes to make every effort, both material and human, to make the Products available by e-mail within 24 hours of the Order being validated. However, the Vendor cannot be held responsible for delays in delivery caused by faults for which he is not responsible.

 

In the event of non-compliance with the agreed delivery date or deadline, the Customer shall, before rescinding the contract, request the Vendor to perform within a reasonable additional period. Should the Vendor fail to do so by the end of this additional period, the Customer is free to cancel the contract. The Customer must carry out these successive formalities by registered letter with acknowledgement of receipt, or in writing on another durable medium. The contract will be considered terminated on receipt by the Vendor of the letter or writing informing him of such termination, unless the Vendor has performed in the meantime.

The customer may, however, cancel the contract immediately if the dates or deadlines referred to above constitute an essential condition of the contract.

 

If the Products have not been made available within the stipulated period, the Customer may request cancellation of the sale under the conditions set out in articles L138-2 and L138-3 of the French Consumer Code. Any sums paid by the Customer will be refunded within 14 days of the date of cancellation of the contract.

 

This provision does not apply when the Seller's delay is due to the Customer's fault or to force majeure, i.e. the occurrence of an unforeseeable, irresistible event beyond the Seller's control.

 

If, however, the Customer encounters any inconvenience in receiving his Product, he may contact the Vendor at the following address: contact@ecojolie-store.com

 

 

Article 14: Use of Products

 

Ecojolie products are the property of the brand. They are intended for individual, personal and private use. It is forbidden to copy, modify, transfer to a third party the Product in any form whatsoever, by any process whatsoever, even in a non-commercial context. Products purchased with an order are reserved for strictly personal use.

 

It is forbidden to sell garments based on Ecojolie Patterns, except in the case of a Professional Customer under an Ecojolie commercial license.

 

It is forbidden to create sewing boxes or kits with Ecojolie patterns, except in the case of an authorization and a contract signed with the Ecojolie brand.

 

 

Article 15: Product warranty (for individual customers only)

 

The Vendor guarantees the conformity of the goods to the contract, enabling the Individual Customer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the French Consumer Code or the guarantee of defects in the item sold as defined in Articles 1641 et seq. of the French Civil Code.

 

In the event of implementation of the legal warranty of conformity, please note that :

 

  • The Individual Customer has a period of 2 years from delivery of the goods to take action;

  • The individual customer may choose between repairing or replacing the good, subject to the cost conditions stipulated in Article L. 217-17 of the French Consumer Code;

  • The individual customer does not have to prove the existence of a lack of conformity during the 6 months following delivery of the goods.

 

Individual customers are reminded that this warranty applies when the following three conditions are met:

 

  • The defect must be hidden, i.e. not apparent at the time of purchase.

  • The defect must render the good unusable or significantly reduce its usefulness.

  • The defect must exist at the time of purchase

 

In addition, the customer is reminded that he/she may decide to invoke the warranty against hidden defects in the Product sold, in accordance with article 1641 of the French Civil Code. In this case, the Customer may choose between rescinding the sale or reducing the price in accordance with article 1644 of the French Civil Code.

 

 

Article 16: Withdrawal period

 

In accordance with article L 121-20-2 of the French Consumer Code, the right of withdrawal cannot be exercised for immaterial products (patterns purchased in PDF format and marketing licenses).

 

If, however, the digital Product is damaged or does not correspond to the description on the site (wrong file sent), the Seller undertakes to return the correct file valid or corresponding to the Product purchased.

 

 

Article 17: Shipping costs

 

There are no shipping charges for intangible Products sold by Ecojolie.

 

 

Article 18: Responsibilities

 

The Customer is solely responsible for the choice of the Products he/she orders, and has received all necessary information on these general conditions of use. The Seller cannot be held responsible for the results obtained when using its Patterns.

The Customer must ensure that he has the necessary technical and IT tools (software, printer, etc.) to open, read and print the Pattern correctly.

The Seller may not be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, virus, service interruption, etc.

The Seller shall not be liable for any direct or indirect damages, pecuniary or otherwise, resulting from the use or inability to use the Product or service by the Customer, and in particular Ecojolie shall not be liable for any foreseeable or unforeseeable loss of profit or damage to brand image claimed by the Customer.

 

The Vendor can in no way be held responsible for the unavailability of the Site, whether temporary or permanent, and although the Vendor makes every effort to ensure that the service is always available, it may be interrupted at any time. The Vendor reserves the right, on a voluntary basis, to make the Site unavailable in order to carry out any updating, improvement or maintenance operation.

 

In any event, should the Vendor be held liable, it is expressly agreed that the total amount of compensation and/or any sum payable by the Vendor may not exceed the amount of the price actually paid by the Customer.

 

 

Article 19: Complaints

 

The Customer may file a claim by contacting Ecojolie at: contact@ecojolie-store.com

 

 

Article 20: Force majeure

 

The Vendor may not be held liable if the non-performance or delay in performance of any of its obligations described in these general terms and conditions of sale is due to force majeure. Force majeure is defined as any external, unforeseeable and irresistible event within the meaning of article 1148 of the French Civil Code.

Any circumstances beyond the control of the parties that prevent the performance of their obligations under normal conditions are considered to be grounds for exoneration from the parties' obligations and will result in their suspension.

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

Force majeure is defined as any irresistible event or circumstance beyond the control of the parties, unforeseeable, unavoidable, beyond the parties' control and which the parties are unable to prevent, despite all reasonable efforts to the contrary. The following are expressly considered as cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to Customers.

The parties will meet to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the force majeure event lasts for more than three months, the present general terms and conditions of sale may be terminated by the injured party.

 

 

Article 21: Partial non-validation

 

If one or more stipulations of these general terms and conditions of sale are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.

 

 

Article 22: Non-waiver

 

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

 

 

Article 23: Title

 

In the event of any difficulty of interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles will be declared non-existent.

 

 

 

Article 24: Contract language

 

These general terms and conditions of sale are written in French. Should they be translated into one or more foreign languages, only the French text will prevail in the event of a dispute.

 

 

Article 25: Site content

 

All text, photographs, trademarks, logos, illustrations, technical documents and drawings (referred to as "Content") are the property of Ecojolie and are protected by trade dress, copyright and other applicable intellectual property and unfair competition laws.

No Content from this site may be reproduced, copied or transmitted in any form or by any means without the prior written permission of Ecojolie.

The Customer or User may use information about Ecojolie products (data sheets, miscellaneous information, tutorials, etc.) made available by Ecojolie, provided that the Customer or User does not remove any copyright notices from copies of such documents, uses such information solely for personal, non-commercial purposes, and does not copy or publish such information on a networked computer or broadcast it in any media whatsoever. The Customer does not make any changes to this information and gives no undertaking or guarantee as to the content of these documents.

 

 

Article 26: Use of the Site

 

The Customer agrees not to use any device to interfere with the proper functioning of the Site.

 

 

Article 27: Customer account

 

To order on the Ecojolie Site, you must create a Customer Account. Registration is free and open to all natural persons of legal age and full legal capacity. The Customer must follow the registration procedure by providing current, complete and accurate information in the registration form. It is the Customer's responsibility to maintain the confidentiality of his/her Account information and password.  He/she is responsible for all activities carried out with his/her Account. The Customer will be asked to provide a certain amount of personal information, such as first and last names, e-mail address, postal address and telephone number: this list is not exhaustive. The Customer or User must not pretend to be or represent someone else, nor impersonate any other physical or moral entity.

 

Customers registered on the Site can access it by logging in with their login details (e-mail address defined at registration and password). The Customer is entirely responsible for protecting the password he has chosen. He is encouraged to use a complex password. If you forget your password, you can generate a new one. This password guarantees the confidentiality of the information contained in the "my account" section, and the Customer is therefore prohibited from transmitting or communicating it to a third party. Failing this, the Vendor cannot be held responsible for unauthorized access to a Customer's account.

 

The Customer Account enables the Customer to consult all orders placed on the Site. Should the data contained in the Customer Account section be lost as a result of a technical failure or force majeure, the Vendor cannot be held liable, as this information has no evidential value and is for information purposes only. The Customer Account pages may be freely printed by the Customer holding the account in question, but do not constitute proof of any kind. They are for information purposes only, to ensure efficient management of the Customer's orders.

 

Each Customer is free to close his/her Account on the Site. To do so, they must send an e-mail to the Seller indicating that they wish to delete their Account. No data recovery will be possible.

 

The Vendor reserves the exclusive right to delete the Account of any Customer who has contravened these GCS (in particular, and without this example being exhaustive, where the Customer has knowingly provided incorrect information when registering and setting up his personal space) or any Account which has been inactive for at least one year. Such deletion shall not constitute a loss for the Customer, who shall not be entitled to claim any compensation as a result.

 

 

Article 28: Mediation and competent court

 

Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law in the French language, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and formal rules. In the event of a dispute or claim, the Customer shall first contact the Vendor in order to reach an amicable solution.

 

The Vendor cannot be held responsible for non-compliance with laws or legal provisions in force in countries other than France. The Vendor's liability is limited to the amount of the Product concerned by the dispute.

 

In the event of a disagreement with the Seller and after having tried to reach an amicable solution with the Seller, here is a link to the European platform for online dispute resolution (RLL): https://entreprendre.service-public.fr/vosdroits/R48100

 

Failing amicable resolution, the dispute will be brought before the courts of Laval (12 Allée de la Chartrie 53004 Laval).

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