Any online purchase completed on web-site www.naissance-cadeau.com is subject to prior acknowledgement and acceptance of present General Terms and Conditions of Sale.
These Terms and Conditions of Sale shall govern the contractual relations between, on the one hand, the Contractor, SEDEM Company (la Société des Etablissements Maillet),
Heard office: 6 rue de la Croix des Maréchaux 85670 Falleron, France
Share capital: 166 480 euros
VAT N°: FR 39487080368
Hereinafter referred to as “SEDEM”,
and, on the other hand, the Customer, placing an order on the web-site of SEDEM, http://www.naissance-cadeau.com, and accepting present Terms and Conditions of Sale,
Hereinafter referred to as “the Customer”.
The information provided on the web-site www.naissance-cadeau.com can be modified by SEDEM without notice. In the event of modification, Terms and Conditions of Sale to be applied are those in force on the date of order by the Customer.
Any order on the web-site is conditional upon the prior consultation and acceptance, without reserve, of present Terms and Conditions of Sale and applicable tariffs by the Customer.
The validation of the Order following the order procedure offered on the site requires acceptance of present Terms and Conditions of Sale.
The Terms and Conditions of Sale are concluded with the Customer for the duration necessary for execution of the Order.
The Terms and Conditions of Sale shall take precedence over any other document.
The Customer states to have reached the minimum age of 18 and have legal capacity, or if the Customer is a minor, he/she states to hold parental permission to place an order on the web-site.
The Order is binding only after its full payment.
The payment of the Order requires the acceptance of these Terms and Conditions of Sale, the price of the Items and the content of the Order.
SEDEM cannot in any case be held responsible in the event of an input error during placing of the Order.
All orders are subject to prior acceptance of SEDEM and are definitely confirmed only after the receipt by the Customer of email confirmation.
If the Customer does not receive an email following his/her Order, he/she must contact SEDEM Customer Service on the basis of the Article 10 of present Terms and Conditions of Sale.
3. RIGHT OF WITHDRAWAL AND RETURN
With regard to personalized articles, the provisions of the Article L. 121-21-8 of the French Consumer Code are applied and deprive the Customer of a seven-day withdrawal period and of the right to return personalized merchandise.
Nevertheless, SEDEM Customer Service will examine any return request.
Items available for sale are those featuring on the web-site.
SEDEM reserves the right to remove from sale, at any time, any Item presented on the web-site and/or replace or modify any information related to Items featurring on the web-site.
Performance of personalization of items is a subject of SEDEM’s interpretation regarding the size and position of patterns. The presentation on the web-site is on indicative basis only and may have minor differences with final item.
The prices are indicated in euros, all taxes included.
The prices of the products do not include delivery costs.
The shipping costs are specified on the web-site before validation of the Order.
SEDEM reserves the right to modify the prices of Items at any time, the Items being invoiced based on the rates in effect at the time of the validation of each Order.
6. CUSTOMER INFORMATION
Customer information is the sole responsibility of the Customer.
SEDEM cannot be held responsible of possible input errors of personal data.
The price invoiced to the Customer is the price indicated in the Order confirmation sent to the Customer by email.
The Order is payable immediately, by credit card. The transactions carried out on the web-site are entrusted to the secure online payment platform.
This platform encrypts then transmits this payment information to the bank, in full confidentiality and makes it inaccessible to third parties.
Dispatch of goods is made within 15 working days (subject to annual leave of SEDEM).
To this period, delivery period of the carrier by post is added.
The web-site www.naissance-cadeau.com offers the option of Express delivery, by DHL, destined to recipient outside metropolitan France.
SEDEM cannot be held responsible in the event of delivery judged late by the Customer, if delivery was made on schedule.
The Customer is fully and solely responsible of risks related to the Items after their delivery.
If the delivery address provided by the Customer is not valid and causes a return of the package due to non-receipt at the indicated address, the return shipping fees of the package to the new address communicated will be covered by the Customer.
Each delivery is considered accomplished as soon as the parcel is put at the Customer’s disposal by the carrier, materialized by the control system used by the carrier.
SEDEM cannot be held responsible for late delivery due exclusively to the unavailability of the Customer after several proposals for appointment by the carrier.
All invoices are established by SEDEM.
Invoice lines, recipient, delivery address are copied from data entries validated by the Customer during placing of the Order on www.naissance-cadeau.com
10. CUSTOMER SERVICE
For any request or question or for monitoring of the Order, the Customer needs to contact Customer Service by email via the contact form located on the contact page of the web-site.
11. INTELLECTUAL PROPERTY
SEDEM is the exclusive holder of the intellectual property rights:
- over the Items sold on the web-site,
- over the web-site, and in particular on its layout, organization and titling of categories, the visual and graphic identity, its design, its ergonomics, its features, its software, text, animated or fixed images, sounds, know-how, drawings, graphics and any other element making up the web-site,
- over all the names, acronyms, logos, colors, graphics or other signs that may be used, completed or implemented by SEDEM.
It is therefore forbidden to reproduce in any form whatsoever, directly or indirectly, the Items listed in the preceding paragraph, as well as alter the trademarks, patents, names, acronyms, logos, colors, graphics or other signs appearing on the elements provided within the web-site, and more generally to use or exploit these elements other than in connection with the execution hereof.
As such, the reproduction or use of all or part of these elements is only authorized for the purposes of information for personal and private use, any reproduction and any use of copies made for other purposes is expressly prohibited.
Any other use, without the prior and written permission of SEDEM constitutes infringement and shall be punished according to intellectual property regulations.
12. MODIFICATION OF GENERAL TERMS AND CONDITIONS OF SALE
Given the possible changes of the web-site and regulations, SEDEM reserves the right to change the Terms and Conditions of Sale at any time.
The new Terms and Conditions of Sale will be, as appropriate, made known to the Customer by online modification and will be applicable only to sales completed after the modification.
13. JURISDICTION CLAUSE
Present Terms and Conditions of Sale are executed and interpreted in accordance with the French law.
Any dispute between the Customer and the Contractor, if no amicable agreement can be reached between the Customer and SEDEM, will fall under the exclusive jurisdiction of the Trade Court of la Roche-sur-Yon.
Present Terms and Conditions of Sale are drawn up in French and translated in English. The original French text shall prevail, the translation in English being made only for easier comprehension.