This site is published by the company Timothée Mariée, under the commercial name Pailles & Compagnie, 135, chemin des bambous - 40440 Ondres, France, registered under the number 751865049, represented by Mr. Mariée Timothé as manager, duly authorised for the purposes hereof.
The company can be reached by e-mail by clicking on the contact form accessible via the homepage of the site.
These General Conditions of Sale (the "General Conditions") are concluded between paillesetcompagnie.com (the "Company") and any non commercial natural person (the "Customer") wishing to make a purchase on the Website.
These Terms and Conditions exclusively govern your relationship with paillesetcompagnie.com.
Paillesetcompagnie.com reserves the right to modify the present, at any time by publishing a new version on its website. The applicable Terms and Conditions are those in effect on the date of payment (or the first payment in case of multiple payments) of the order.
Subject: These General Conditions of Sale determine the rights and obligations of the parties in the online sale of products offered by paillesetcompagnie.com.
The Company also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click. The Customer declares that it has read all these General Terms and Conditions of Sale, and, where applicable, the Special Terms and Conditions of Sale related to a product or service, and accepts them without restriction or reservation.
The Client declares that it is able to legally contract under French law or validly represent the natural or legal person for which it is committed.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
The prices of the products sold through the site are indicated in Euros, all taxes included, and excluding specific shipping costs.
Conclusion of the online contract In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to be able to carry out his order:
- Information on the essential characteristics of the Product;
- Choice of the Product, if any, of its options - Indication of the Customer’s essential contact details (identification, email, address, etc.);
- Acceptance of these General Conditions of Sale
- Verification of the control elements (double click formality) and, if necessary, correction of errors.
For products delivered, delivery will be made to the address indicated by the Customer. For the purpose of carrying out the order, the Customer undertakes to provide truthful identification elements. Paillesetcompagnie.com reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
The essential characteristics of the goods are made available to the buyer on the company’s websites, as well as, where appropriate, 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, the prices and special 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 indicated on the day of the order, which does not include the shipping charges invoiced in addition. These possible costs are indicated to the Buyer during the sales process, and in any case at the time of confirmation of the order. Paillesetcompagnie.com 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 the products are not executed immediately, clear information is given on the product presentation page about the delivery dates of the products or services. The customer attests to having received a detail of the delivery costs as well as the terms of payment, delivery and performance of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic contact details, and its activities in the context of this sale.
Paillesetcompagnie.com undertakes to honour the Customer’s order within the limits of the Products available only. Failing this, paillesetcompagnie.com informs the Customer; if the order has been placed, and failing agreement with the Customer on a new delivery date, paillesetcompagnie.com reimburses the Customer.
The contractual information is presented in detail and in English. The parties agree that the illustrations or photographs of the products offered for sale have no contractual value. The period of validity of the offer of the Products and their prices is specified on paillesetcompagnie.com, as well as the minimum duration of the contracts offered where they relate to a continuous or periodic supply of products or services. Except in special circumstances, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address communicated).
In accordance with Article L.411-1 of the French Consumer Code, the products and services offered for sale through these General Terms and Conditions meet the requirements in force relating to the safety and health of persons, the loyalty of business transactions and consumer protection. Regardless of any commercial warranty, paillesetcompagnie.com remains liable for defects of conformity and hidden defects of the product.
In accordance with Article L.217-4, paillesetcompagnie.com delivers property in accordance with the contract and is liable for defects in conformity existing at the time of delivery.
In accordance with the legal provisions on compliance and hidden defects (art. 1641 c. civ.), paillesetcompagnie.com reimburses or exchanges defective products or do not correspond to the order. The refund can be requested as follows: Send a message from the contact page of the site.
The products remain the property of the Company until full payment of the price.
Delivery is free in Metropolitan France for all orders above 39€.
The products are delivered to the delivery address that was indicated at the time of the order and within the indicated deadlines. These deadlines do not take into account the time required to prepare the order. In the event of a delay in delivery, the Customer has the option of resolving the contract under the terms and conditions defined in Article L 216-2 of the Consumer Code. Paillesetcompagnie.com then proceeds with the reimbursement of the product and the “go” expenses under the provisions of articles L216-3 and L241-4 of the Consumer Code. Paillesetcompagnie.com provides a telephone contact point (cost of local communication from a landline) indicated in the order confirmation email in order to follow up the order. Pailles et compagnie recalls that when the Customer physically possesses 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 reservation on the delivered product.
The delivery is made:
- By sending a notice of availability to a delivery relay point to the buyer;
- At the place indicated by the buyer at the time of the order.
The delivery time indicated at the time of the order registration is given only for information purposes and is guaranteed only after a delivery, considered excessive, occurring after 30 days after the validation of the order.
In case of missing or damaged goods during transport, the buyer must make all these reservations in writing within five days of delivery, by registered mail AR to the following address:
Pailles & Compagnie - Timothée Mariée - 135 chemin des Bambous - Fonta Clara Residence - 40440 ONDRES
In case of unavailability of an item for a period of more than 30 working days, the Customer will be immediately informed of the foreseeable delivery times and the order of this item can be cancelled upon simple request. The Customer may then request a credit note for the amount of the item or its full refund and cancellation of the order.
Payment is due immediately upon order. The Customer can make payment by cheque, bank transfer, credit card or via Paypal. Cards issued by banks domiciled outside France must be international credit cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider Payplug. The transmitted information is encrypted according to industry standards and cannot be read during network transport (SSL protocol).
Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the French Monetary and Financial Code, the payment commitment given by card is irrevocable. By communicating its banking information at the time of the sale, the Customer authorises paillesetcompagnie.com to debit its card with the amount relating to the indicated price. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to make use of it. In case of error, or inability to debit the card, the Sale is immediately resolved as of right and the order is cancelled.
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 of the date of receipt of his order. The right of withdrawal can be exercised by contacting the Company as follows: send a message from the contact page of the site. We inform Customers that in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the French Consumer Code, this right of withdrawal cannot be exercised to (describe goods not subject to these provisions). In case of exercise of the right of withdrawal within the aforementioned period, the price of the purchased product or products and the shipping costs will be refunded, the return costs remaining at the expense of the Customer. Returns of the products must be made in their original and complete condition (packaging, accessories, instructions, etc.); they must be accompanied if possible by a copy of the proof of purchase. In accordance with the legal provisions, you will find below the standard withdrawal form to send to us at the following address:
Pailles & Compagnie - Timothée Mariée - 135 chemin des Bambous - Fonta Clara Residence - 40440 ONDRES
The customer sends the following form within 14 days of the date of receipt of his order.
Attn: Pailles & Compagnie, Timothée Mariée, 135 chemin des Bambous 40440 ONDRES
I/we (*) hereby notify you/notify you (*) my/our (*) withdrawal from the contract for the sale of the following products (*):
Ordered on (*)/received on (*):
Name of consumer(s):
Address of the consumer(s): Signature of the consumer(s) (only in case of notification of this form on paper):
The Seller shall refund the said sums no later than 14 days after the date on which it is informed of the Customer’s decision to withdraw by using the same means of payment as that used by the Customer at the time of its order, unless expressly agreed by the latter for the Seller to use another means of payment. This repayment date may be deferred until the Seller recovers the Product or Products or until the Customer has provided proof of the shipment of these Products, the date retained being that of the first of these facts.
According to the law, paillesetcompagnie.com assumes the guarantees of conformity and relating to the hidden defects of the products. Paillesetcompagnie.com reimburses the buyer or exchanges the products apparently defective or not corresponding to the order made. The claim must be made as follows:
The customer must, within 7 days of the date of receipt of the order, manifest his request via the contact form provided for this purpose, justifying, proof to the support (photo) of the conformity name of the products received. The seller will then proceed to the return of the so-called defective products.
If applicable, the Buyer may submit any complaint by contacting the company using the following contact details by e-mail to firstname.lastname@example.org or, if applicable, by mail to Pailles & Compagnie - Timothée Mariée - 135 chemin des Bambous - 40440 ONDRES
In accordance with the provisions of Art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he may use a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code.
The order can be resolved by the buyer by registered letter with acknowledgement of receipt in the following cases:
- Delivery of a product that does not conform to the specifications of the order;
- Delivery exceeding the deadline set at the time of the order or, in the absence of a date, within thirty days of payment;
- Unjustified price increase or product modification. In these cases, the buyer may require the refund of the advance payment plus interest calculated at the statutory rate from the date of receipt of the advance payment.
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of paillesetcompagnie.com. No assignment of intellectual property rights is made through these Terms and Conditions. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
The performance of the obligations of the seller at the end of this agreement shall be suspended in the event of the occurrence of an accidental event or force majeure which would prevent its performance. Paillesetcompagnie.com will notify the customer of the occurrence of such an event as soon as possible.
Invalidity and amendment of the contract.
If any of the stipulations in this Agreement is annulled, such nullity shall not result in the nullity of the other stipulations which shall remain in force between the parties. Any contractual amendment shall be valid only after a written and signed agreement of the parties.
For the purpose of informing consumers, the provisions of the Civil Code and the Consumer Code are reproduced below:
Article 1641 of the Civil Code:
Paillesetcompagnie.com is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given it only a lower price, if he’d known them.
Article 1648 of the Civil Code:
The action resulting from the defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year after the date on which Paillesetcompagnie.com may be discharged from apparent defects or defects of conformity.
Article L. 217-4 of the Consumer Code:
Paillesetcompagnie.com delivers a good that complies with the contract and is liable for defects of conformity existing at the time of delivery. It shall also be liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been charged by the contract or has been carried out under its responsibility.
Article L. 217-5 of the Consumer Code:
The property complies with the contract:
1) If it is suitable for the usual use of a similar property and, if applicable:
- If it corresponds to the description given by Paillesetcompagnie.com and has the qualities that it has presented to the buyer in the form of a sample or model;
- If it has the qualities that a buyer can legitimately expect from the public declarations made by paillesetcompagnie.com, by the producer or his representative, in particular 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 knowledge 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 property.
Article L. 217-16 of the Consumer Code:
Where the buyer requests from the seller, during the course of the commercial guarantee granted to him on the acquisition or repair of movable property, a reclamation covered by the guarantee, any fixed period of at least seven days shall be added to the remaining term of the guarantee. This period shall run from the time of the buyer’s request for intervention or the time of making available for repair of the property in question, if this is made available after the request for intervention.