Terms of sale

General Terms and Conditions of Sale

Article 1 – LEGAL NOTICES

This website, accessible at the URL www.madamenature.com (the "Site"), is published by: Madame Marie NICOU, residing at 74 rue Lecourbe - 75015 PARIS, of French nationality, born on March 1, 1978 (hereinafter referred to as the "Operator"). The Operator’s individual VAT number is: FR 40919633891. The Site is hosted by Shopify Inc., located at 151 O’Connor Street - Ottawa, Ontario K2P 2L8 – Canada. The publication director of the Site is Marie Nicou. The Operator can be contacted at the following email address: marie@madamenature.com.

Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL TERMS AND CONDITIONS

These General Terms and Conditions of Sale (the "General Terms and Conditions" or "GTC") apply exclusively to the online sale of products offered by the Operator on the Site. The GTC are made available to customers on the Site, where they can be consulted directly, and can also be communicated to them upon simple request by any means. The GTC are binding on the customer, who acknowledges, by checking a box or clicking on the button provided for this purpose, having read and accepted them before placing an order. The validation of the order by its confirmation constitutes acceptance by the buyer of the GTC in force on the day of the order, the preservation and reproduction of which are ensured by the Operator.

Article 3 – PRODUCT DESCRIPTION

The Site is an online sales site for decorative items, jewelry, fashion accessories, and children's toys (hereinafter the "Products"), open to any individual or legal entity using the Site (the "Customer"). Each Product presented on the Site is the subject of a description mentioning its essential characteristics. The photographs illustrating the Products, where applicable, do not constitute a contractual document. The Product’s instructions for use, if essential, are available on the Site or are sent at the latest upon delivery. The Products comply with the provisions of French law in force. The Customer remains responsible for the methods and consequences of accessing the Site, particularly via the Internet. This access may involve the payment of fees to technical service providers, such as Internet service providers, which remain the Customer’s responsibility. Furthermore, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site. The Customer acknowledges having verified that the computer configuration used is secure and in working order.

Article 4 – CREATION OF THE CUSTOMER ACCOUNT

To place an order on the Site, the Customer must first create a personal customer account. Once created, to access it, the Customer must log in using their username and secret, personal, and confidential password. The Customer is responsible for not disclosing their username and password in accordance with the provisions of the PERSONAL DATA article of these General Terms and Conditions. Each Customer undertakes to maintain strict confidentiality regarding the data, in particular username and password, allowing them to access their customer account, the Customer acknowledging being solely responsible for access to the Service via their username and password, except in the event of proven fraud. Each Customer further undertakes to inform the Operator without delay in the event of loss, misappropriation, or fraudulent use of their username and/or password. After creating their personal customer account, the Customer will receive an email confirming the creation of their account. When registering, the Customer undertakes to: provide real, accurate, and up-to-date information at the time of entry in the service registration form, and in particular not to use false names or addresses, or names or addresses without authorization. keep registration data up to date to ensure their real, accurate, and up-to-date nature at all times. The Customer further undertakes not to make available or distribute illegal or reprehensible information (such as defamatory information or identity theft) or harmful information (such as viruses). Otherwise, the Operator will be able to suspend or terminate the Customer’s access to the Site at their sole discretion.

Article 5 – ORDERS

The Operator strives to ensure optimal availability of its Products. Product offers are valid within the limits of available stock. If, despite the Operator’s best efforts, a Product becomes unavailable after the Customer’s order, the Operator will inform the Customer by email as soon as possible, and the Customer will have the choice between: delivery of a Product of equivalent quality and price to the one initially ordered, or refund of the price of the ordered Product within thirty (30) days of payment of the sums already paid. It is agreed that, apart from the refund of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to the Operator. Except for any contrary provision in these General Terms and Conditions and without prejudice to the right of withdrawal provided by applicable law, the Customer’s orders are firm and final. When placing an order, the Customer must select the chosen Products, add them to their cart by indicating the selected Products and the desired quantities. The Customer has the opportunity to check the details of their order and the total price, and to return to the previous pages to possibly correct the contents of their cart before validating it. The Customer undertakes to read the General Terms and Conditions of Sale in force before accepting them and confirming the terms and any delivery and withdrawal fees prior to payment of their order. The confirmation of the order constitutes acceptance of the GTC and forms the contract. The contractual information relating to the order (including the order number) will be confirmed by email in a timely manner and at the latest at the time of delivery. The Operator strongly advises the Customer to print and/or save this order confirmation on a reliable and durable medium as proof. A digital invoice is made available to the Customer in the "my account" area. The Operator also advises the Customer to print and/or save this invoice on a reliable and durable medium as proof. Any email sent to the Customer in connection with an order will be sent to the email address the Customer uses to log in to their customer account. The Operator reserves the right not to validate the Customer’s order for any legitimate reason, in particular if: The Customer does not comply with the General Terms and Conditions in force at the time of their order; The Customer’s order history shows that amounts remain due for previous orders; One of the Customer’s previous orders is the subject of an ongoing dispute; The Customer has not responded to a request for confirmation of their order sent by the Operator. The Operator archives sales contracts for Products in accordance with applicable legislation. Any modification of the order by the Customer after confirmation of their order is subject to the Operator’s agreement. The information provided by the Customer when placing the order (in particular name and delivery address) binds them. Thus, the Operator’s liability cannot be sought in any way in the event that an error when placing the order prevents or delays delivery. The Customer declares having full legal capacity to commit under these General Terms and Conditions. Registration is open to adults with full legal capacity and minors, provided that the latter act under the supervision of a parent or guardian holding parental authority. In no case is registration authorized on behalf of third parties unless validly authorized to represent them (e.g., a legal entity). Registration is strictly personal to each Customer. In the event of a breach by the Customer of any of the provisions herein, the Operator reserves the right to terminate the Customer’s account without notice.

Article 6 – PAYMENT TERMS AND SECURITY

The Customer expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires payment of a price in exchange for the supply of the ordered Product. In any event, the Operator reserves the right to check the validity of the payment before dispatching the order, by all necessary means. The Operator uses the Shopify Payment online payment solution. Orders can be paid using one of the following payment methods:

  • Payment by bank card. Payment is made directly on the Operator’s bank’s secure servers; the Customer’s bank details do not transit through the Site. The bank details provided during payment are protected by SSL (Secure Socket Layer) encryption. In this way, these details are not accessible to third parties. The Customer’s order is recorded and validated as soon as the bank accepts the payment. The Customer’s account will only be debited for the corresponding amount once (i) the data of the bank card used has been verified and (ii) the debit has been accepted by the bank that issued the bank card. The impossibility of debiting the amounts due will result in the immediate nullity of the sale. The bank card may be refused, in particular, if it has expired, if it has reached the maximum spending limit to which the Customer is entitled, or if the data entered is incorrect.

  • Payment by electronic wallet (e.g., PayPal). The Customer already has an account with the electronic wallet used by the Operator. The Customer can use this account and pay for their order securely without communicating their bank details.

In any case, the order validated by the Customer will only be considered effective once the secure payment center has approved the transaction. As part of the control procedures, the Operator may have to request from the Customer all the documents necessary to finalize their order. These documents will not be used for any other purpose.

Article 7 – PAYMENT OF THE PRICE

The price of the Products in force at the time of the order is indicated in euros, all taxes included (VAT), excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the promotion period. The price is payable exclusively in euros (€). The price is due in full after confirmation of the order. The prices offered include any discounts and rebates that the Operator may grant. If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before the Customer validates the order. The total amount due by the Customer and its details are indicated on the order confirmation page.

Article 8 – FORMATION OF THE CONTRACT

The contract between the Operator and the Customer is formed at the time the Customer sends the confirmation of their order. The Customer’s attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places their order, they must confirm it using the "double-click" technique, i.e., after selecting Products added to the cart, the Customer must check and, if necessary, correct the contents of their cart (identification, quantity of products selected, price, delivery terms and costs) before validating it by clicking on "I validate my delivery", then they acknowledge accepting these GTC before clicking on the "I pay" button, and finally they validate their order after filling in their bank details. The "double click" constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unconditional acceptance of the order by the Customer. The archiving of communications, order forms, and invoices is ensured by the Operator on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, order forms, and invoices may be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitutes proof of all transactions between the Operator and its Customers. The order may be canceled by the Customer by registered letter with acknowledgment of receipt or by a written document on another durable medium in the event of: delivery of a Product that does not conform to the declared characteristics of the Product; delivery exceeding the deadline specified in the order form or, failing such a date, within thirty (30) days following the conclusion of the contract, after the Operator has been enjoined, under the same conditions and without result, to carry out the delivery within a reasonable additional period; a price increase that is not justified by a technical modification of the product imposed by the public authorities. In all these cases, the Customer may demand the refund of the deposit paid, increased by interest calculated at the legal rate from the date of receipt of the deposit. The order may be canceled by the Operator in the event of: the buyer’s refusal to take delivery; non-payment of the price (or the balance of the price) at the time of delivery.

Article 9 – RETENTION OF TITLE

The Operator remains the sole owner of the Products ordered on the Site until full payment of the price, including any shipping costs.

Article 10 – SHIPPING AND DELIVERY

The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a European Union member country, and for deliveries in these same geographical areas. Delivery means the transfer to the Customer of physical possession or control of the Product. Shipping costs are those specified at the time of finalization of the order and are accepted by the validation of the order. The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum of thirty (30) days after receipt of the order. Delivery times are announced in working days on the Site at the time of the order. These times include the preparation and dispatch of the order as well as the time provided by the carrier. The Operator undertakes to dispatch the Products in accordance with the deadlines announced on each Product sheet and at the cart level, provided that payment for the order has not been previously refused. However, if one or more Products cannot be delivered within the initially announced timeframe, the Operator will send an email to the Customer indicating the new delivery date. The Products will be delivered to the address indicated by the Customer when placing their order. It is therefore their responsibility to ensure that this address contains no errors. The Operator’s liability cannot be engaged if the address provided by the Customer is incorrect, thus preventing or delaying delivery. Upon delivery, the Customer may be asked to sign a receipt. No delivery will be made to a post office box. Upon delivery, the Customer must check that the delivered Products conform to their order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery note. No claim regarding the quantity or condition of the Product will be accepted if the claim has not been noted on the delivery note.

Article 11 – RIGHT OF WITHDRAWAL

If a delivered Product does not fully satisfy the Customer, the latter may return it to the Operator. The Customer will have thirty (30) days to do so from the date of receipt of the order. In accordance with Article L.221-21 of the French Consumer Code and in order to exercise this right of withdrawal under the conditions of Articles L. 221-18 et seq. of the French Consumer Code, the Customer is invited to complete the standard withdrawal form by clicking on the following link: https://www.madamenature.com/pages/contact The Operator will send an acknowledgment of receipt of the Customer’s withdrawal request by email. If necessary, the Customer may exercise their right of withdrawal by notifying the following information to the Operator:

  • name, geographical address, telephone number, and email address;
  • decision to withdraw by means of an unambiguous statement (e.g., letter sent by post or email, provided that these details are available and therefore appear on the standard withdrawal form). The Customer may use the model withdrawal form, but this is not mandatory. Return costs are the responsibility of the Customer, unless the product cannot be normally returned by post, in which case the Operator will collect the Product at its own expense. The exceptions of Article L.221-28 of the French Consumer Code apply and prevent the exercise of the right of withdrawal, in particular if the order consists of a contract for:
  • the supply of goods made to the consumer’s specifications or clearly personalized;
  • the supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection. The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused, and with all accessories. In addition to the returned Product, the return package must also contain a letter specifying the Customer’s exact and complete contact details (name, first name, address) and the order number. The Operator will refund the Customer for the amount of the Product, excluding shipping costs, within fourteen (14) days of receipt of the Product and all elements required to process the Customer’s refund. This refund may be made by the same means of payment as that used by the Customer. In this regard, Customers who paid for their order in the form of vouchers/gift cards may be refunded by vouchers/gift cards at the Operator’s discretion. By accepting these General Terms and Conditions of Sale, the Customer expressly acknowledges having been informed of the withdrawal terms.

Article 12 – CUSTOMER SERVICE

The Customer may contact the Operator:

  • by email at marie@madamenature.com, indicating their name, telephone number, the subject of their request, and the order number concerned.

Article 13 – INTELLECTUAL PROPERTY AND SITE LICENSE

The Operator is the sole holder of all elements present on the Site, including but not limited to all texts, files, images (animated or not), photographs, videos, logos, designs, models, software, trademarks, visual identity, databases, Site structure, and all other elements of intellectual property and other data or information (hereinafter, the "Elements"), which are protected by French and international laws and regulations, in particular those relating to intellectual property. Consequently, none of the Site’s Elements may, in whole or in part, be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented, or exploited in any other way, free of charge or for a fee, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the prior express written authorization of the Operator on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and/or exploitation. The Operator reserves the right to take all legal action against persons who have not respected the prohibitions contained in this article.

Article 14 – LIABILITY AND WARRANTY

The Operator cannot be held liable for the non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts, or due to the unforeseeable and insurmountable act of any third party to these terms. The Customer acknowledges that the characteristics and constraints of the Internet do not allow the security, availability, and integrity of data transmissions over the Internet to be guaranteed. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or error. In particular, their operation may be temporarily interrupted for maintenance, updates, or technical improvements, or to change the content and/or presentation. The Operator cannot be held liable for the use made of the Site and its services by Customers in violation of these General Terms and Conditions and for the direct or indirect damage that such use may cause to a Customer or a third party. In particular, the Operator cannot be held liable for false statements made by a Customer and their behavior towards third parties. In the event that the Operator’s liability is sought due to such behavior by one of its Customers, the latter undertakes to indemnify the Operator against any judgment pronounced against it and to reimburse the Operator for all costs, in particular lawyers’ fees, incurred for its defense. Regardless of any additional contractual warranty (commercial warranty) that may be granted, the Products benefit from the legal warranty of conformity provided for in Articles L. 217-4 et seq. of the French Consumer Code (in particular L. 217-4 to L. 217-14 of the French Consumer Code), and the warranty against hidden defects provided for in Articles 1641 to 1649 of the French Civil Code. When acting under the legal warranty of conformity:

  • you benefit from a period of two (2) years from the delivery of the product to take action;
  • you can choose between the repair or replacement of the product, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code;
  • you are exempt from providing proof of the existence of the product’s lack of conformity for twenty-four (24) months following the delivery of the product (except for second-hand goods). You may decide to exercise the warranty against hidden defects of the item sold under Article 1641 of the French Civil Code. In this case, you can choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code. It is recalled that the search for amicable solutions prior to any legal action does not interrupt the time limits for legal warranty actions or the duration of any contractual warranty.

Article 15 – PERSONAL DATA

For more information regarding the use of personal data by the Operator, please read the Privacy Policy carefully. You can consult this Policy at any time on the Site.

Article 16 – HYPERTEXT LINKS

The hypertext links available on the Site may refer to third-party sites not published by the Operator. They are provided solely for the convenience of the Customer, to facilitate the use of resources available on the Internet. If the Customer uses these links, they will leave the Site and will then use third-party sites at their own risk or, where applicable, in accordance with the conditions governing them. The Customer acknowledges that the Operator does not control or contribute in any way to the development of the terms of use and/or content applicable to or appearing on these third-party sites. Consequently, the Operator cannot be held liable in any way for these hypertext links. Furthermore, the Customer acknowledges that the Operator cannot endorse, guarantee, or take responsibility for all or part of the terms of use and/or content of these third-party sites. The Site may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by the Operator. The Operator invites the Customer to report any hypertext link on the Site that would allow access to a third-party site offering content contrary to laws and/or good morals. The Customer may not use and/or insert a hypertext link pointing to the Site without the prior written consent of the Operator on a case-by-case basis.

Article 17 – GENERAL PROVISIONS / ENTIRE AGREEMENT

These General Terms and Conditions constitute a contract governing the relationship between the Customer and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their purpose. If one or more provisions of these General Terms and Conditions are declared null and void by application of a law, regulation, or following a final decision of a competent court, the other provisions shall retain all their force and effect. Furthermore, the fact that one of the parties to these General Terms and Conditions does not invoke a breach by the other party of any of the provisions of these General Terms and Conditions shall not be interpreted as a waiver on their part to invoke such a breach in the future.

MODIFICATIONS TO THE TERMS

The Operator reserves the right to modify at any time and without notice the content of the Site or the services available there, and/or to temporarily or permanently cease operating all or part of the Site. Furthermore, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these General Terms and Conditions. The Customer is therefore required to refer to these General Terms and Conditions before any use of the Site. The Customer acknowledges that the Operator cannot be held liable in any way to them or to any third party as a result of these modifications, suspensions, or cessations. The Operator advises the Customer to save and/or print these General Terms and Conditions for safe and durable storage, and thus be able to invoke them at any time during the execution of the contract if necessary.

COMPLAINTS

In the event of a dispute, you must first contact the company’s customer service at the following address: marie@madamenature.com

APPLICABLE LAW

These General Terms and Conditions are governed by, interpreted, and applied in accordance with French law.

ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE CUSTOMER

The Customer acknowledges having carefully read these General Terms and Conditions. By registering on the Site, the Customer confirms having read the General Terms and Conditions and accepts them, thereby becoming contractually bound by the terms of these General Terms and Conditions. The General Terms and Conditions applicable to the Customer are those available on the date of the order, a dated copy of which may be provided to the Customer upon request; it is therefore specified that any modification of the General Terms and Conditions made by the Operator will not apply to any order placed previously, unless the Customer expressly agrees to the original order.