Terms of sale

1. About us

The Company BLONDE ATTITUDE, SAS, with a capital of 100 000 euros, headquartered in VALENCE (26000) 13 RUE EMMANUEL CHABRIER, registered in the register of commerce and companies of ROMANS-SUR-ISÈRE under the number 540 021 854 represented by Mrs Frédérique FAVERON (hereinafter the "Company"). The Company sells the following products to its Customers via its Internet Site: rugs, placemats, table runners, canvases, framed pictures, cushions, poufs, quilts, deckchairs, chiliennes, curtains, candles, pouches, toiletry bags, ipad pouches, make-up kits, consumer masks, petticoats, scarves, tee-shirts, sweatshirts, ready-to-wear...

BLONDE ATTITUDE is registered with the Registre national des metteurs sur le marché d'éléments d'ameublement under number FR027145_10X2XC. This number guarantees that BLONDE ATTITUDE, by joining Eco-mobilier, complies with its regulatory obligations under article L541-10-6 of the French Environment Code.

BLONDE ATTITUDE (SIRET: 54002185400026) has been awarded the unique identifier FR027145_05LMHM by ADEME, attesting to its registration with the register of producers of the EEE sector, in application of article L.541-10-13 of the French Environment Code. This identifier attests to the company's compliance with its obligation to register with the Register of Producers of Electrical and Electronic Equipment, and to declare to ecosystem that it has placed its products on the market.

2. Preamble

The Company invites Users to carefully read these General Terms and Conditions of Sale and Use (hereinafter the "GTC/UGU"). Placing an Order implies acceptance of the GCS/UGU. The characteristics of the Products are indicated on the Website. It is the Customer's responsibility to take this into account before making a purchase. The photographs and graphics presented on the Website are not contractual. The Customer acknowledges having read and accepted them by checking the appropriate box before placing an online Order.

The CGV/CGU govern the conditions under which the Company sells its Products to its Professional Customers
and Consumers via its Internet Site. They apply to all sales concluded by the Company and prevail over any contradictory document, in particular the Customer's general terms and conditions of purchase.
They are systematically communicated to any customer who requests them. In the event of subsequent modification of the GCS/CGU, the Customer is subject to the version in force at the time of his Order.

3. Definitions

"Customer" refers to the Professional or Consumer who has placed an Order for a Product sold on the Web Site; "Order" refers to any order placed by the User registered on the present Web Site;
"General Terms and Conditions of Sale and Use" or "GTC/UGU" refers to the present general terms and conditions of use and online sales;
"Consumer" refers to the buyer who is a natural person and is not acting for professional purposes and/or outside his professional activity;
"Products" refers to the material things that can be appropriated and that are offered for sale on this Site;
"Professional" refers to the buyer, whether a legal entity or an individual, who is acting within the scope of his or her professional activity; "Site" refers to the present Site, i.e. www.podevache.com;
"Company" refers to BLONDE ATTITUDE, more fully described in Article I hereof; and
"User" refers to any person using the Site.

4. Registration

Registration on the Site is open to all individuals or legal entities of full age and with full personality and legal capacity. Use of the Site is subject to User registration. Registration is free of charge. To register, the User must fill in all mandatory fields; otherwise registration cannot be completed. Users guarantee and declare on their honour that all information communicated on the Site, in particular when registering, is accurate and true. They undertake to update their personal information on the page dedicated to such information and available in their account. All registered Users have a login and password. These are strictly personal and confidential, and may not be communicated to third parties under penalty of deletion of the registered User's account. Each registered User is personally responsible for maintaining the confidentiality of his/her login and password. The Company shall under no circumstances be held responsible for the usurpation of a User's identity. If a User suspects fraud at any time, he/she must contact the Company as soon as possible, so that the latter can take the necessary measures and rectify the situation. Each User, whether a legal entity or an individual, may only hold one account on the Site. In the event of non-compliance with the GCS/GU, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to temporarily or permanently delete all accounts created by the offending User. Account deletion entails the permanent loss of all benefits and services acquired on the Site. However, any Orders placed and invoiced by the Site prior to account deletion will be processed under normal conditions. In the event of deletion of an account by the Company for failure to comply with the duties and obligations set out in the GTC/GTC, the User is formally prohibited from the offending User is expressly prohibited from re-registering on the Site directly, via another e-mail address or through an intermediary without the express authorization of the Company.

5. Orders

Orders can only be placed once the User has registered on the Site. Once logged in to their account, Users can add Products to their virtual basket. He can then access the summary of his virtual basket in order to confirm the Products he wishes to order and complete his Order by pressing the "Order" button. The Customer must enter a valid address, delivery method and payment method in order to finalize the Order and effectively form the sales contract between the Customer and the Company. Completion of the Order implies acceptance of the prices of the Products sold, as well as the delivery terms and times indicated on the Site. Once the Order has been placed, the User will receive confirmation by e-mail. This confirmation will include a summary of the Order and relevant delivery information. The placing of an Order constitutes the conclusion of a distance selling contract between the Company and the Customer.

6. Products and prices

The Products covered by the GCS/UGS are those which appear on the Site and which are sold and shipped directly by the Company. The Products are described on the corresponding page of the Site and all their essential characteristics are mentioned. Sales are subject to availability. The Company cannot be held responsible for stock-outs or for the impossibility of selling a Product that is not in stock. When a registered User wishes to purchase a Product sold by the Company through the Site, the price indicated on the Product page corresponds to the price in euros, all taxes included (VAT), excluding shipping costs and taking into account applicable discounts in force on the day of the Order. The price indicated does not include delivery costs, which will be detailed, where applicable, in the summary before the Order is placed. If the total cost of the Products cannot be calculated in advance, the Company will send the Customer a detailed quotation setting out the price calculation formula. Under no circumstances may a User demand the application of discounts that are no longer in force on the day of the Order.

7. Terms of payment

Unless otherwise stipulated, all sales are payable in cash when the Order is placed. Depending on the nature or amount of the Order, the Company is free to require a deposit or payment of the full price when the Order is placed or when the invoice is received. Payment may be made by : Credit card via a secure connection or Paypal. In the event of total or partial non-payment of the Products by the date agreed on the invoice, the Professional Customer shall pay the Company a late payment penalty equal to the rate applied by the European Central Bank for its refinancing operation, plus 10 percentage points. The financing operation used is the most recent at the date of the Service Order. In addition to late payment penalties, any sum, including the deposit, not paid on the due date by the Professional Customer will automatically give rise to the payment of a fixed penalty of 40 euros to cover collection costs. In the event of total or partial non-payment of Products by the date agreed on the invoice, the Consumer Customer shall pay the Company a late payment penalty equal to the legal interest rate. No compensation may be made by the Customer between penalties for late delivery of Products ordered and sums owed by the Customer to the Company for the purchase of Products offered on the Site. The penalty due by the Customer, whether Professional or Consumer, is calculated on the amount of the remaining sum due, inclusive of tax, and runs from the due date of the price without the need for any prior formal notice.

8. Delivery

Products are delivered exclusively in the following geographical areas:
Metropolitan France - Corsica - Monaco.
The Company undertakes to make every material and human effort to deliver the Products as quickly as possible. Delivery times may vary according to the Customer's geographical area, the delivery method chosen or the Product ordered. In the event of the 10-day delivery deadline being exceeded, except in cases of force majeure, the Customer may terminate the contract by registered letter with acknowledgement of receipt, after having enjoined the Company, in the same manner, to make the delivery within a reasonable additional period, and if the Company has not complied. In this case, the Customer will be reimbursed within 30 days if payment has already been made. In the event that delivery is impossible due to an error in the address indicated by the Customer, the Company will contact the Customer as soon as possible to obtain a new delivery address, and any additional delivery charges will be borne by the Customer. In addition, the Company cannot be held liable for exceeding delivery times: during periods of high demand, such as the festive season; for delays caused by force majeure, i.e. the occurrence of an unforeseeable, irresistible event beyond its control; for events attributable exclusively to the carrier responsible for delivery. Delivery is made, depending on the Customer's choice and according to the prices indicated on the Site: to the address indicated by the Customer when placing the Order by ordinary post. to one of our partner outlets as indicated on the Site. A valid form of identification will be required to collect the Products. Failing this, the Products ordered cannot be delivered to the Customer.

9. Complaints

For all Orders placed via the present Site, the Customer has a right to make a complaint within 2 days of delivery of the Product. It is the Customer's responsibility to check the apparent condition of the Products upon delivery. In the absence of express reservations at the time of delivery, the Products are deemed to conform to the Order. To exercise this right of complaint, the Customer must send the Company, at the address adv@podevache.com, a statement expressing his/her reservations and complaints, together with the relevant supporting documents (delivery slip countersigned by the carrier, photographs, etc.). The Company will repair, replace or reimburse the Product or its components as soon as possible and at its own expense, subject to the material possibility of repairing the Product or its availability in stock.

10. Consumer's right of withdrawal

The Consumer has a right of withdrawal of 14 days from the placing of the Order, except for products mentioned in article L.221-28 of the French Consumer Code. To exercise this right, the Consumer must send a declaration to the following address: contact@podevache.com. Products must be returned in their original packaging and in perfect condition within 5 days of the Consumer's notification of withdrawal to the Company. The direct costs of returning the Products shall be borne by the Consumer. The Consumer will be reimbursed for all costs incurred in placing the Order within 14 days of the Company becoming aware of the Consumer's declaration of withdrawal. Reimbursement will be made by the same means of payment used for purchase.

Warning for personalized orders:
According to article L 121-20-2 of the French Consumer Code, the right of withdrawal provided for in the case of distance selling cannot be exercised (unless the parties have agreed otherwise after exchanging messages by e-mail) for contracts for the supply of goods made to the consumer's specifications or clearly personalized or which, due to their nature, cannot be returned or are likely to deteriorate or expire quickly;

The customer's attention is therefore drawn to the fact that the right of withdrawal does not apply to sales of products personalized at his request, except in the case of a major defect in the medium.

11. Transfer of risk and ownership

The Company retains ownership of the Products sold until full payment of the price by the Customer. It may therefore repossess the Products in the event of non-payment. In this case, any advance payments made will be retained by the Company as compensation. For Professional Customers, the transfer of risks to the Customer occurs as soon as the goods are handed over to the carrier by the Company. For Consumer Customers, the transfer of risks takes place on delivery, or when the goods are collected from the store if the Customer has chosen in-store delivery.

12. Legal warranties

Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:
Article L.217-4 of the French Consumer Code:
"The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation, when the latter is his responsibility under the contract or was carried out under his responsibility. "

Article L.217-5 of the French Consumer Code:
"The good conforms to the contract:
1° If it is fit for the use usually expected of similar goods and, where applicable: if it corresponds to the description given by the seller and possesses 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 seller's attention and accepted by the latter.

Article 1641 of the French Civil Code:
"The seller is bound by the warranty for hidden defects in the item sold which render it unfit for its intended use, or which reduce this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, if he had known of them." Any Product resold altered, modified or transformed is not covered by the warranty. The warranty is limited to the replacement or reimbursement of non-conforming or defective Products. It is excluded in the event of misuse or abnormal use of the Product, as well as in the event that the Product does not comply with the legislation of the country to which it is delivered. The Customer must inform the Company of the existence of any defects within two years. The Company will rectify Products found to be defective wherever possible. If the Company's liability is accepted, the warranty is limited to the amount paid by the Consumer for the supply of the Products, exclusive of VAT. Replacement of the Products does not extend the warranty period.

13. Changes

The Company reserves the right to modify the Site, the GTC/GTC and any delivery procedure or other component of the services provided by the Company via this Site. When an Order is placed, the User is subject to the stipulations set forth in the GCS/GUU in effect at the time the Order is placed.

14. Processing of personal data

Registration on the Site entails the processing of the Customer's personal data. If the Customer refuses the processing of his/her data, he/she is asked to refrain from using the Site. This processing of personal data is carried out in compliance with the General Data Protection Regulation 2016/679 of April 27, 2016. Furthermore,

in accordance with the French Data Protection Act of January 6, 1978, the Customer has the right at any time to query, access, rectify, modify and object to all his personal data by writing, by post and providing proof of his identity, to the following address: adv@podevache.com. This personal data is necessary for the processing of orders and the preparation of invoices, where applicable, as well as for the improvement of the Site's functionalities.

15. Sharing of collected data

The Site may use third-party companies to carry out certain operations. By browsing the Site, the Customer accepts that third-party companies may have access to his/her data to enable the Site to function properly. These third-party companies only have access to the data collected in order to carry out a specific task. The Site remains responsible for the processing of such data. In addition, the User may receive information or commercial offers from the Company or its partners. The User may at any time object to receiving such commercial offers, by writing to the Company's address given above, or by clicking on the link provided for this purpose within the e-mails received. In addition, Customer information may be passed on to third parties without the Customer's express prior consent for the following purposes: to comply with the law, to protect any person against serious bodily harm or death, to combat fraud or attacks on the Company or its users, to protect the Company's property rights.

16. Data protection

The Company ensures a level of security that is appropriate and proportionate to the risks incurred as well as their probability, in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016. However, these measures in no way constitute a guarantee and do not commit the Company to an obligation of result regarding data security.

17. Cookies

To enable its Users to benefit from optimal browsing on the Site and improved operation of the various interfaces and applications, the Company may implant a cookie on the User's computer. This cookie is used to store information relating to browsing on the Site, as well as any data entered by Users (notably searches, login, email, password). The User expressly authorizes the Company to place a "cookie" file on the User's hard disk. The User has the option of blocking, modifying the retention period, or deleting this cookie via his/her browser interface. If the systematic deactivation of cookies on the User's browser prevents him/her from using certain services or functionalities of the Site, this malfunction shall in no way constitute damage for the member, who shall not be entitled to claim any compensation as a result.

18. Liability

The Company cannot under any circumstances be held responsible for the unavailability, whether temporary or permanent, of the Website, and although it makes every effort to ensure that the service is always available, it may be interrupted at any time. In addition, the Company reserves the right, on a voluntary basis, to make the Site unavailable in order to carry out any updating, improvement or maintenance operation. As previously mentioned herein, the Company cannot be held responsible for delays in delivery for reasons beyond its control, beyond its control, unforeseeable and irresistible or for which it cannot be held responsible.

19. Intellectual property rights

The brand, logo and graphic charter of this Site are trademarks registered with the INPI and are intellectual works protected by copyright, the property of which belongs exclusively to the Company. Any dissemination, exploitation, representation or reproduction, whether partial or complete, without the express authorization of the Company will expose the offender to civil and criminal prosecution.

20. Jurisdiction clause

The law governing the GCS/GUU is French law. Any dispute that may arise between the Company and a User during the performance of the present terms and conditions shall be subject to an attempt at amicable resolution. Failing this, disputes will be referred to the competent courts under common law.

21. Acceptance of the GCS/GUI

The Customer or User expressly accepts the GCS/UGU. The Customer declares that he/she is aware of them and waives the right to invoke any other document, in particular his/her own general terms and conditions of purchase. The Consumer acknowledges having been informed of the information and details specified in articles L.111-1 to L.111-7 of the French Consumer Code, and in particular: the essential characteristics of the Product; the price of the Products; the date or deadline by which the Company undertakes to provide the Service; information relating to the identity of the Company (postal, telephone and electronic contact details); information relating to the legal and contractual guarantees and their implementation procedures; the possibility of in the event of a dispute; information on the right of withdrawal (deadline, how to exercise).

22. Mediator's contact details

MEDICYS
contact us at contact@medicys.fr or call +33 1 49 70 15 93.