CGV: GENERAL CONDITIONS OF SALE

  • General

These General Conditions of Sale, hereinafter referred to as "GTC" are valid from August 28, 2020, are accessible at any time on the site www.dessinemoiunbebe.com and prevail over any other version or any other contradictory document. As the GTCS may be subject to subsequent modifications, the version applicable to the service ordered by the customer is the one in force on the site www.dessinemoiunbebe.com on the date the order is placed. These T & Cs constitute the basis of commercial negotiation between the parties and apply to each order, regardless of the clauses that may appear in the client's documents, and in particular his general purchasing conditions over which these T & Cs prevail.

The purpose of the GTC is to define all the general terms and conditions of sale and delivery of products ordered by the customer on the site www.dessinemoiunbebe.com . The customer acknowledges having read these GTC at the time of placing the order and expressly declares that he accepts them without reservation.

In accordance with the provisions of article L 441-6 of the Commercial Code, these GTCS are systematically communicated to any customer who requests them from Dessine-moi un bébé by means of the contact form available on this site or by mail to the address dessinemoiunbebe@gmail.com . If a provision of these T & Cs were to be lacking, it would be considered as being governed by the practices in force in the Federation e-Commerce and Distance Selling.

  • Definitions

"  Customer  »Refers to any company or third party using Dessine-moi un bébé and its service offering.

"  Trader  »Indicates Draw me a baby .

“Parties” collectively refers to the client and Draw me a baby .

“Offer” means the commercial offer provided by Dessine-moi un bébé to the customer.

"Sale" means the sale of products ordered by the customer, through the platform www.dessinemoiunbebe.com 

"Order" means the document defining the specific terms and conditions of sale and delivery of the product (s) ordered by the customer from Dessine-moi un bébé .

  • Article 1 - Nature of services and commitments

Draw me a baby limits its scope of Services to the strict extent of its skills. Its offer includes in particular  :

the sale of personalized posters. Each package is made up  : at a minimum, a personalized poster or a decorative poster, or a totebag. Draw me a baby commits to its customers on the following elements  :

The adequacy between his offer and the package sent. In the event that a product is not available, Draw me a baby undertakes to notify the customer without prejudice to the latter before registering his order. The price applicable to an order is the price indicated on the site during the validation of the sale by the customer as specified in article 3.3 of these GTC.

  • Article 2 - Orders

2.1  The customer has the possibility to place his order on the internet, via the platform www.dessinemoiunbebe.com

2.2  The contractual information is presented in French and will be confirmed at the latest at the time of validation of the order by the customer.

  Dessine-moi un bébé reserves the right not to record a payment, and not to confirm a customer's order for any reason whatsoever, in particular, but not exclusively, in the event of a supply problem.

2.3  The validity of the order implies the prior, full and unreserved acceptance by the customer of these GTC. Confirmation of the order constitutes signature and acceptance of the operations carried out.

  • Article 3 - Price

3.1  The prices of the services indicated in Euros are those in force at the time of placing the order. They are firm and non-revisable. The prices indicated for the orders are inclusive of all taxes (VAT and other tax applicable at the time of the order).

3.2  In the event of an order to a country other than mainland France, the customer accepts the responsibility of the importer of the product (s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of Dessine-moi un bébé , and will be the responsibility of the customer. They are his sole responsibility, both in terms of declarations and payments to the competent authorities and bodies in his country.

3.3 Dessine-moi un bébé reserves the right to modify its prices at any time, but the invoicing price is based on the price in force at the time of validation of the order and subject to availability. 

3.4 As soon as he takes physical possession of it, the customer assumes the risk of loss or damage to the products ordered.  

 

  • Article 4 - Payment

4.1  The validation of the order by the customer implies the obligation to pay the indicated price.

4.2  The payment of the order is made by one of the following means  : Credit card or PayPal.

  • Article 5 - Withdrawal / Refund

5.1  The manufacture of products entrusted by the customer to Dessine-moi un bébé being analyzed as the supply of goods made to the consumer's specifications or clearly personalized, the customer cannot claim a refund or  to exercise a right of withdrawal in accordance with the provisions of Article L. 221-28, 3 ° of the Consumer Code. Consequently, any right of withdrawal for the benefit of the customer is therefore excluded in this case.

  • Article 6 - Delivery

6.1  The products are delivered to the delivery address indicated during the ordering process and shipped within the time period indicated on the page of the item ordered. The delivery times indicated by La Poste are indicative.

Dessine-moi un bébé cannot be held responsible for the loss or deterioration of the order by the carrier or late delivery due to the carrier.

6.2  All delivery times indicated are working days. The days of the trader end at 3 p.m. Beyond this time, any order placed on the site will be shipped on the next working days according to the deadlines indicated.

6.3  In the event that the package does not arrive on time or arrives damaged, Draw me a baby  undertakes to file a complaint with the carrier  on behalf of the customer after the latter has requested it by e-mail. If no response is obtained from the carrier after a period of 21 working days, Dessine-moi un bébé undertakes toship a second identical order. Shipping costs will be borne by the customer.

In the event of a dispute between the customer and the merchant over the loss of a package by the carrier, the order tracking available on their site will prevail.

6.4 For the receipt of orders by letter followed, in the event of a dispute, the delivery confirmation on the carrier's site will prevail.

  • Article 7 -  Guarantee

All the merchant's products benefit from the legal guarantee of conformity and the guarantee against hidden defects, provided for by articles 1641 and following of the Civil Code. In the event of non-compliance of a product sold, it may be returned and  exchange.

All complaints, exchange requests must be made by email within 20 days after  the delivery.

The Dessine-moi un bébé after-sales service is open Monday to Friday, 10 a.m. to 4 p.m.  via address  e-mail: dessinemoiunbebe@gmail.com

Products must be returned to  Draw me a baby  in the state in which the customer received them with all the elements. The postage fees are paid by the client.  

  • Article 8 - Force Majeure

The performance of the obligations incumbent on each of the parties under these General Conditions will be suspended by the occurrence of an event constituting force majeure in the usual acceptance of this term and including in particular, without this list being exhaustive, disasters. natural, acts of public authority, embargoes, strikes, exceptional climatic conditions preventing delivery, insurrections, riots. The party wishing to invoke such an event must immediately notify the other of the beginning and subsequently, if applicable, the end, otherwise it cannot be released from its responsibility. Both parties will use their best efforts to prevent or reduce the effects of a breach of the agreement caused by this event. The other party will reserve the right to verify and verify the reality of the facts. The fulfillment of the obligations will resume its normal course as soon as the event constituting force majeure has ceased. In the event that the event giving rise to the case of force majeure continues for more than one  months, the party to which the force majeure is opposed may immediately and automatically terminate  the order, without subjecting it to the payment of compensation.

  • Article 9 -   General provisions of interpretation of this contract

The Parties agree that in the event of a dispute over the interpretation of a clause of the GTC, the interpretation that may be given by the Court must be retained. It will be necessary to modify, accordingly, the said GTC. In addition, the illegality of a clause only applies to the said clause and does not entail the illegality of all the GTC.

  • Article 10 - Intellectual property

All the elements of the site www.dessinemoiunbebe.com are and remain the intellectual and exclusive property of Dessine-moi un bébé .  No one is authorized to reproduce, use, redistribute, or use for any purpose whatsoever, even partially, any elements of the site whatever they may be. Any single link or hyperlink is strictly prohibited without a written agreement to dessinemoiunbebe@gmail.com

  • Article 11 - Protection of personal data

The information and data concerning the customer are necessary for the management of the order and for commercial relations. If one or more mandatory information were to be missing, the order cannot be issued. In accordance with the Data Protection Act of 06/01/1978, modified by the law of August 6, 2004, the customer has the right to access, rectify and oppose information concerning him which can be exercised by mail to dessinemoiunbebe@gmail.com

The photos used for the personalization of the illustration remain under your property and dessinemoiunbebe undertakes not to keep them in its possession for any other use, without written authorization from you.

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  • Article 12 -  Language of the contract, applicable law and dispute resolution

12.1  In the event that these T & Cs and the Order are drawn up in several languages, it is expressly understood that the French version is the only one to prevail in the event of difficulties in interpreting and / or applying the provisions of said Conditions and of the command. The language applicable to the GTC and to the order is French.

12.2  These GTC and the order are subject, both for their interpretation and for their implementation, to French law. All disputes to which the GTC and the order could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences, will, in the absence of an amicable settlement, fall within the exclusive jurisdiction of the Commercial Court of PARIS. , even in the event of a guarantee call or multiple defendants.

Draw me a baby - N ° SIRET 850 561 085 00018 - Rocfort Caroline