TERMS OF SALE

CHRISTINA PRIETH PARIS represented by Cristina Garcia Prieto

in her capacity as manager,
duly authorised for the purposes hereof.
registered in the PARIS Trade and Companies Register,
under the SIRET number: 83222867000010

The company can be reached by email by clicking on the contact form accessible via the home page of the site.
info@christinaprieth.com
On the one hand,
And the natural or legal person purchasing products or services from the company, hereinafter referred to as the “Buyer” or “Customer”.
On the other hand,
It has been set out and agreed as follows:

PREAMBLE

The Seller is the publisher of Christina Prieth’s Products and Services for consumers, marketed through its websites www.christinaprieth.com. The list and description of the goods and services offered by the Company can be consulted on the aforementioned sites.

Article 1: Purpose

The present General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by the Seller.

Article 2: General provisions

These General Terms and Conditions of Sale (GTCS) govern the sale of Products or Services, made through the Company’s websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who has accepted them before placing an order.

The Seller reserves the right to modify these GTC at any time by publishing a new version on its website. The applicable GTC are those in force at the date of payment (or of the first payment in the case of multiple payments) of the order. These GTC are available on the Company’s website at the following address: www.christinaprieth.com
The Company also ensures that their acceptance is clear and unreserved by putting in place a checkbox and a validation click. The Client declares that it has read all of these General Terms and Conditions of Sale, and where applicable the Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation.
The Customer acknowledges that he/she has received the necessary advice and information in order to ensure that the offer is suitable for his/her needs.

The Customer declares that he/she is legally capable of entering into a contract under French law or that he/she is validly representing the natural or legal person for whom he/she is contracting.

In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions.

Article 3: Prices

The prices of the products sold through the websites are indicated in Euros excluding taxes and are precisely determined on the description pages of the Products. They are also indicated in Euros including all taxes (VAT + other possible taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They shall be borne by the Buyer and are the Buyer’s responsibility (declarations, payment to the relevant authorities, etc.). The Seller invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time in the future. The telecommunication costs necessary for access to the Company’s websites shall be borne by the Client. Where applicable, delivery costs are also payable by the Client.

Article 4: Conclusion of the online contract

In accordance with the provisions of Article 1127-1 of the Civil Code, the Client must follow a series of steps to conclude the contract by electronic means in order to be able to place the order: Information on the essential characteristics of the Product, Choice of the Product, if applicable, of its options – Indication of the Client’s essential contact details (identification, email, address, etc.); Acceptance of these General Terms and Conditions of Sale; Verification of the elements of the order (double-click formality) and, if applicable, correction of errors. Before proceeding with the confirmation, the Buyer has the possibility to check the details of his order, its price, and to correct any errors, or to cancel his order. The confirmation of the order will entail the formation of this contract. Then, the instructions for payment are followed, the products are paid for, and the order is delivered. The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order. The Customer will receive a .pdf copy of these general conditions of sale.
During the ordering process, the Customer will have the possibility to identify and correct any errors made in the data entry. The language proposed for the conclusion of the contract is French.
The terms and conditions of the offer and the general terms and conditions of sale are sent back to the buyer by email when the order is placed and archived on the Seller’s website. If applicable, the professional and commercial rules to which the author of the offer intends to submit can be consulted in the “annexed rules” section of these GTC, which can be consulted on the Seller’s website at the following address: www.christinaprieth.com
For any question relating to the follow-up of an order, the purchaser can call the following telephone number: 0609062585 or (cost of a local call), on the following days and at the following times: from Monday to Saturday from 10:00 to 20:00, or send an e-mail to the seller at the following e-mail address: info@christinaprieth.com

The archiving of communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable support so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information may be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Customer. In order to complete the order correctly, the Customer undertakes to provide truthful identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason

Article 5: Products and services

The essential characteristics of the goods and services and their respective prices are made available to the buyer on the company’s websites, as well as, where applicable, the method of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labelling, display or any other appropriate process, of the prices and specific conditions of the sale and performance of the services before any conclusion of the sales contract. In all cases, the total amount due by the buyer is indicated on the order confirmation page. The selling price of the product is the one in force on the day of the order, which does not include the shipping costs invoiced in addition. These costs are indicated to the Buyer during the sales process, and in any case at the time of order confirmation. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.

When products or services are not executed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies that he/she has received details of the delivery costs and the terms of payment, delivery and execution of the contract, as well as detailed information on the identity of the seller, his/her postal, telephone and electronic contact details, and his/her activities in the context of the present sale. The Seller undertakes to honour the Customer’s order within the limits of available stocks of Products only. In the event of failure to do so, the Seller shall inform the Customer; if the order has been placed, and if no agreement has been reached with the Customer on a new delivery date, the Seller shall refund the Customer.

The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the Company’s websites, as well as the minimum duration of the proposed contracts when these relate to a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted hereunder are granted solely to the natural person who signs the order (or the person who holds the email address communicated).

Article 6: Conformity

In accordance with Article L.411-1 of the French Consumer Code, the products and services offered for sale through these GTCs comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection. Independently of any commercial guarantee, the Seller remains liable for defects of conformity and hidden defects of the product.
In accordance with Article L.217-4, the seller delivers goods that conform to the contract and is liable for any defects in conformity existing at the time of delivery. In accordance with the legal provisions concerning conformity and hidden defects (art. 1641 of the French Civil Code), the Seller shall refund or exchange defective products or those that do not correspond to the order. Refunds can be requested by e-mail:

– by telephone at the following number: 0609062585
– by e-mail to the following address: info@christinaprieth.com

Any claim not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the seller from any liability towards the buyer.

Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the exchange number has been allocated. In the event 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, by Colissimo Recommandé, to the following address: 7 Rue de Thann 75017 Paris (France). The return costs are at the seller’s expense.

Article 7:Retention of title clause

The products remain the property of the Company until full payment of the price.

Article 8: Delivery terms

The products are delivered to the delivery address indicated at the time of the order and within the times indicated. These deadlines do not take into account the preparation time of the order. When delivery requires an appointment with the Customer:
For deliveries in Metropolitan France and Corsica, the time is 3 to 5 working days from the day following the day the buyer placed his order, the rest of Europe between 5- 7 days according to the following methods: colissimo / Opopop / DHL. At the latest, the delivery time will be 30 working days after the conclusion of the contract. For deliveries in the DOM-TOM or another country, the delivery terms will be specified to the buyer on a case by case basis.

The Customer is hereby informed that it is his/her responsibility to provide all the details necessary for the proper delivery of his/her Order (e.g. access codes, intercom name, telephone number, etc.).

If the Customer is not present at the time of delivery, a notice will be sent to the Customer informing him/her of the procedures for storing the parcel and making it available, under the sole responsibility of the carrier. If the delivery address provided by the Customer is not valid and therefore leads to the package being returned for non-receipt at the address indicated, the costs of re-sending the package to the new address provided shall be borne by the Customer.

The Customer assumes the entire and exclusive risk relating to the Articles as of their delivery.

In the event of a delay in delivery, the Customer has the possibility of cancelling the contract in accordance with the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller shall then proceed to reimburse the product and the “outward” costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to follow up the order. The Seller reminds you that when the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to him. It is the Customer’s responsibility to notify the carrier of any reservations regarding the product delivered.

Article 9: Availability and presentation

If an item is unavailable for more than 15 working days, you will be immediately informed of the foreseeable delivery time and the order for this item may be cancelled on request. The Customer may then request a credit note for the amount of the article or a full refund and cancellation of the order.

Article 10: Payment

Payment is due immediately upon ordering, including for pre-ordered products. The Customer may pay by credit card or Paypal. Cards issued by banks domiciled outside France must be international bank cards (CB, Mastercard or Visa). The transactions carried out on the Site are entrusted to the woocommerce service provider. They are secured by a solution that presents secure pages for entering payment data: card number, expiry date and visual cryptogram. This platform encrypts and then transmits these payment data to the bank, in complete confidentiality and makes them inaccessible to a third party.

Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating his/her bank details during the sale, the Customer authorises the Seller to debit his/her card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error or the impossibility of debiting the card, the Sale is immediately cancelled by operation of law and the order cancelled.

Article 11: Withdrawal period

In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of the order. The right of withdrawal may be exercised by contacting the Company as follows: If the Client wishes to exercise his/her right of withdrawal, he/she must send an e-mail to order@christinaprieth.com, within 14 calendar days and prior to sending the product back. No return can be validated without it.
Christina Prieth will send a prepaid return slip to the Customer who must return the product within 7 days of receiving the said slip (these 7 days being the period of validity of the said slip with the delivery services (Colissimo, UPS, etc.)

These Articles must be returned correctly protected, in their original packaging (a carefully opened package will not be considered as damaged packaging) and in perfect condition for resale (not damaged, not used, not soiled or washed by the Customer). Once the returned Items have been checked, Christina Prieth undertakes to reimburse the Customer for the full amount paid for the Order, excluding shipping costs, as soon as possible and at the latest within 30 calendar days following the date of receipt of the return package, to the Customer’s payment account used for the initial payment.

If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the shipping costs will be reimbursed, with the cost of returning the product(s) being borne by the Customer. Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.); if possible, they must be accompanied by a copy of the proof of purchase. In accordance with the legal provisions, you will find below the standard withdrawal form to be sent to us at the following address: 7 Rue de Thann 75017 Paris (France) or e-mail: info@christinaprieth.com

Article 12: Guarantees

In accordance with the law, the Seller assumes the following guarantees: of conformity and relating to hidden defects of the products. The Seller shall reimburse the buyer or exchange the products that appear to be defective or do not correspond to the order placed. The Seller reminds that the consumer has a period of 2 years from the delivery of the goods to act with the Seller, that he can choose between the replacement or the repair of the goods subject to the conditions provided for by the above-mentioned provisions apparently defective or not corresponding to the goods, that he is exempted from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods, except for second-hand goods, this period will be extended to 24 months from 18 March 2016; that the consumer may also claim the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between the resolution of the sale or a reduction in the sale price (provisions of Articles 1644 of the Civil Code).

Article 13: Complaints and mediation

If necessary, the Buyer may submit any complaint by contacting the company by means of the following details via e-mail: info@christinaprieth.com

In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he/she may have recourse to a consumer mediator under the conditions set out in Title I of Book VI of the Consumer Code.
In the event that the request for a complaint to the Seller’s customer service fails, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will attempt, in complete independence, to bring the parties together with a view to obtaining an amicable solution.

Article 14: Termination of the contract

The order may be cancelled by the buyer by registered letter with acknowledgement of receipt in the following cases – delivery of a product that does not comply with the characteristics of the order; – delivery beyond the deadline set at the time of the order or, in the absence of a date, within thirty days of payment; – an unjustified price increase or modification of the product. In these cases, the buyer may demand the reimbursement of the deposit paid plus interest calculated at the legal rate from the date of collection of the deposit.

Article 15: Intellectual property rights

The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

Article 16: Force majeure

The performance of the seller’s obligations under these GTC shall be suspended in the event of a fortuitous event or force majeure that would prevent its performance. The seller shall notify the customer of the occurrence of such an event as soon as possible.

Article 17: Invalidity and modification of the contract

If one of the stipulations of the present contract should be null and void, this nullity shall not entail the nullity of the other stipulations which shall remain in force between the parties. Any modification of the contract is only valid after a written and signed agreement of the parties.

18. Commercial offers

Christina Prieth may send commercial offers to Clients by post, email, SMS, telephone or via all the web spaces run by Christina Prieth on the social networks, subject to prior acceptance. The Client may at any time object to commercial prospecting by clicking on the “unsubscribe” link in each email.

19. Cookies

When consulting the site, information relating to the browsing of Clients may be recorded in Cookies files installed on their terminal (computer, tablet, Smartphone). These cookies are issued by Christina Prieth with the aim of facilitating navigation on the site and enable the Clients’ browser to be recognised when they are connected to the Site.
These cookies are issued in order to Establish traffic statistics (number of visits, pages viewed, abandonment in the order process, …)

Adapt the presentation of the Site to the display preferences of the terminals,
To store information entered in forms, to manage and secure access to reserved and personal areas such as the Client account and to manage the Order basket.Christina Prieth reserves the right to install cookies on the Client’s computer during visits to the Site.

A cookie does not identify the Client, but is intended to indicate any previous visits by the Client to the Site in order to help Christina Prieth personalise its services.

The Client can make settings so that cookies are deactivated and thus prevent cookies from being installed on his computer without his express consent.

Any settings made by the Customer may modify the navigation on the Internet and the conditions of access to certain services of the Site requiring the use of Cookies.

The Customer may express and modify his wishes regarding cookies at any time, by the means described below.
The Site uses computer applications from third parties, which allow the Customer to share the contents of the Site with other people or to make known to these other people his opinion concerning the content of the Site. (Social networks such as Facebook, Google +, Twitter, etc).

When the Customer consults a page of the Site containing a “Share” or “Like” button, his browser establishes a direct connection with the servers of the social network concerned.

If the Customer is connected to the social network while browsing, the application buttons make it possible to link the pages consulted to his account.

If the Customer interacts with the plug-ins, for example by clicking on the “Like” button or by leaving a comment, the corresponding information will be transmitted to the social network concerned and published on his/her account. If the Customer does not want the social networks to link the information collected through the Site to his/her account, he/she must log out of the social network concerned before visiting the Site.

Christina Prieth is not responsible in any way for the content or operation of any of the social networks, including those that may be linked to the Site.

Article 20: Protection of personal data
In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller implements the processing of personal data for the purpose of selling and delivering the products and services defined in this contract. The Buyer is informed of the following elements the recipients or categories of recipients of personal data, if any: the controller, its marketing departments, the departments in charge of IT security, the department in charge of sales, delivery and ordering, the subcontractors involved in delivery and sales operations and any authority legally authorised to access the personal data in question – no transfer outside the EU is envisaged – the duration of data retention : The data subject has the right to request from the controller access to, rectification or erasure of the personal data, or a restriction of the processing relating to the data subject, The data subject has the right to lodge a complaint with a supervisory authority – the information requested at the time of ordering is necessary for the preparation of the invoice (legal obligation) and the delivery of the goods ordered, without which the order could not be placed. No automated decisions or profiling are implemented through the ordering process.

Article 21: Applicable law and clauses

All the clauses contained in these general terms and conditions of sale, as well as all the purchase and sale operations referred to herein, shall be subject to French law.
The nullity of a contractual clause does not entail the nullity of the present general conditions of sale.

Article 22: Consumer information

For the purposes of consumer information, the provisions of the Civil Code and the Consumer Code are reproduced below:
Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing 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 lower price for it, if he had known about them.

Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be discharged from the defects or apparent lack of conformity.

Article L. 217-4 of the Consumer Code: The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.

Article L. 217-5 of the Consumer Code: The goods conform to the contract: 1° If they are fit for the purpose usually expected of similar goods and, where applicable : – if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;

– if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article L. 217-16 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 later than the request for intervention.