Terms and conditions
MARKETING CREATION is a simplified joint-stock company with a capital of 100,000 euros, located at 29 Allée Saint Jean, ZAC de la Barque, Arteparc Bâtiment C, in Fuveau (13710) and registered with the Aix en Provence Trade and Companies Register under number 530 796 861. It is represented by Mr. Frédéric MARTZ, Chairman.
The website is accessible at the following link: https://peluchecreation.com/ .
PELUCHE CREATION customer service can be reached by mail at the address of the company's head office; by email to Teddy@marketingcreation.fr or by telephone at 04.42.26.23.07.
PRESENTATION
of these General Terms and Conditions of Sale and Services (hereinafter the " CGVS ") is to define the conditions under which the company MARKETING CREATION (hereinafter " PELUCHE CREATION ") provides the professional customer, identified on the order and/or the estimate (hereinafter “ the Customer ”), the products and/or services, described on the order form and/or the estimate (hereinafter referred to as “ the Products and/or the Services ”).
Any order of Products or provision of Services implies, on the part of the Customer, the consultation and unreserved acceptance of these CGVS. The CGVS to which reference is also made on the order form exclude, except with the express agreement of PELUCHE CREATION, the application of any contrary clause appearing on the Customer's documents, in particular its general conditions of purchase or its order forms. PELUCHE CREATION may modify these CGVS at any time; the CGVS applicable to the Customer will be the CGVS in force on the day of the Customer's order.
On the internet, the Customer will be required to create a customer account by providing the information necessary to order products from PELUCHE CREATION.
QUOTES - ORDERS
Any Customer order will be the subject of an order form and/or an estimate specifying the identity of the Customer and the Products and Services concerned (hereinafter “ the Order Form ”). Any PELUCHE CREATION Order Form will, unless otherwise specified in the Order Form, have a validity period limited to 2 days. In the event of an error on the Order form, no return of Products may be made without the express and prior agreement of PELUCHE CREATION. Acceptance of a Purchase Order firmly and definitively commits the Customer. A Customer's order will only be considered binding on PELUCHE CREATION when the order is executed by PELUCHE CREATION.
ORDER PROCESS
Order taking
The Customer places his order (hereinafter the “Order”) by any means, via the website or directly by contacting PELUCHE CREATION customer service at the following contact details: Teddy@marketingcreation.fr / 04 42 26 23 07
When the Order is placed on the PELUCHE CREATION website, the Customer is required to follow the following steps:
- Access the site ;
- Select the Products that interest him by specifying the desired quantity
- Request a quote by following the instructions available on the Site
- Open a customer account or identify yourself as a Customer if applicable
- Check the elements of the Order, identify and, if necessary, correct errors
- Accept the T&Cs.
After receipt of the Order, PELUCHE CREATION sends the Customer a confirmation of his Order. The express and unreserved acceptance of the GCS, of the designation of the Products chosen, their quantities, personalization, prices and delivery conditions entails confirmation of the Order.
For Special Orders, order confirmation (BAT)
After receipt of the Special Order, PELUCHE CREATION sends an estimate to the Customer as well as a request for confirmation of the Order Form in the form of a "Good to print" (hereinafter " BAT "). When communicating the proof, PELUCHE CREATION specifies the production and delivery times.
To show his agreement and confirm the Order, the Customer returns the signed proof within a maximum period of two working days from receipt.
The express and unreserved acceptance of the GCS, of the designation of the Products chosen, their quantities, personalization, prices and delivery conditions entails confirmation of the Order. Any error or omission of the Customer during the validation of the BAT cannot engage the responsibility of PELUCHE CREATION.
From the validation of the proof, the Customer is therefore required to accept the delivery and to pay the amount of the Products having been the subject of the proof, except to demonstrate that the delivery does not comply with the proof.
Withdrawal
In principle, confirmation of the Order does not give rise to any right of withdrawal.
However, the Customer whose number of employees is less than or equal to five (5) who contracts outside the establishment may have, under the conditions of Article L221-3 of the Consumer Code, a withdrawal period of fourteen (14) days from the receipt of the Product or the conclusion of the Services contract in accordance with the conditions and the model accessible at the following link: Withdrawal form
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) and/or Services purchased and the delivery costs are reimbursed; the return costs remain the responsibility of the Customer. The Customer will be reimbursed within fourteen (14) days of receipt of the Customer's withdrawal request, subject to the return of the Products to LE PELUCHE CREATION.
In accordance with the provisions of Article L.221-28 of the Consumer Code, if the Customer wishes the performance of the Services to begin before the end of the withdrawal period, PELUCHE CREATION will collect his request and waiver on the Order Form. expressly to its right of withdrawal.
In addition, for Special Orders, the validation of the proof is worth confirmation of the Order without right of withdrawal. Special Orders consisting of the manufacture of products according to the specificities of the Customer, the latter acknowledges that he cannot benefit from a right of withdrawal once he has validated the proof.
Date of the order
The date of the order is the date of validation of the order by the Customer in the event of online payment by credit card or the date of receipt of the check or transfer.
PRODUCTS
The Products marketed by PELUCHE CREATION are customizable advertising soft toys intended for professionals.
The majority of the Products marketed by PELUCHE CREATION can be consulted by Customers on the website https://peluchecreation.com/ or the documentation sent to the Customer at his request. PELUCHE CREATION undertakes to do its best to ensure that the photographic representation of the Products on the Site is as faithful as possible. It is nevertheless possible that, despite the best efforts of PELUCHE CREATION, the Customer's perception of one (or more) Product(s) does not fully correspond. In this case, the difference in perception between the photographs presented on the Site and the Products received by the Customer can in no way engage the responsibility of PELUCHE CREATION.
The Customer acknowledges having had all the necessary information prior to the conclusion of these presents. The Customer acknowledges as a professional that he has chosen the Products and/or Services under his sole responsibility.
All intellectual property rights relating to the Products and their technical documentation remain the exclusive property of PELUCHE CREATION. The Customer is prohibited from filing a title deed, in any form whatsoever, in France or abroad on the Products.
Product Availability
PELUCHE CREATION is at any time entitled to update the Products or withdraw them from sale.
All Products are deemed available at the time of the Order. Nevertheless, as stock variations can be significant in a short period of time, the Customer receives confirmation, by e-mail and as soon as possible, of the availability of the Products that are the subject of the order.
SERVICES
Special orders (the " Services ") relating to specific requests from Customers are made on demand and presented to Customers in the context of commercial presentations according to specifications or through the estimate sent to the Customer.
In this context, the Client may ask PELUCHE CREATION to involve members of its staff working within STUDIO WELCOME, the rates of which are accessible to the Client on request at the address: Teddy@marketingcreation . Fr
FINANCIAL CONDITIONS
Product Prices
The Products and Services are provided at the PELUCHE CREATION prices in effect on the day the order is placed, as specified on the Order Form. These prices are firm and non-revisable. For Special Orders, prices are firm and non-revisable during the period of validity of the proof. The prices appearing in the catalogs of PELUCHE CREATION are only indicative and may be revised at any time by PELUCHE CREATION.
The prices are expressed in euros excluding taxes.
Provided that the delivery of all the products ordered is made to a single delivery point in mainland France (excluding Corsica), the price of the Products is included Free of port, the price of the Products is included Free of port, c' that is to say that PELUCHE CREATION bears the transport costs.
Payment Terms
The payment of the price of the Order by the Customer is made by credit card or by transfer to the bank account of PELUCHE CREATION, the details of which appear on the invoice.
Unless otherwise specified in the quote, payment for the Order must be made upon receipt of the invoice by the Customer.
Any delay or non-payment automatically leads to the application of a late payment penalty equal to the legal interest rate plus 5 points and a fixed penalty of forty (40) euros corresponding to recovery costs.
For special orders and Services, the Customer pays a deposit corresponding to 50% of the total amount including tax of the Order on the date of acceptance of the Order.
In the event of late payment or non-payment, PELUCHE CREATION shall not be required to accept new Orders in the absence of payment of the Customer's debt to PELUCHE CREATION. PELUCHE CREATION also reserves the right to immediately suspend any delivery in progress, as well as to refuse any Order without any formality being necessary.
DELIVERY OF PRODUCTS
Shipping cost
For any order delivered outside metropolitan France, the payment of local taxes and customs duties that may be applicable is the sole responsibility of the Customer and is his sole responsibility. The responsibility of PELUCHE CREATION can not be engaged in case of non-payment by the Customer of the sums of any kind thus at his expense.
Delivery delay
The Order is prepared and the delivery times communicated to the Customer in the Order Form do not begin to run until the Order is confirmed. For Special Orders, the delivery times communicated to the Customer in the Order Form do not begin to run until PELUCHE CREATION receives the proof completed by the Customer.
Delivery times are only given as an indication: exceeding them cannot result in the cancellation of the order, nor compensation, nor damages. PELUCHE CREATION reserves the right to suspend the delivery of the Products without payment of any compensation if the Customer does not respect the agreed terms of payment. PELUCHE CREATION cannot be held liable in the event of delay or suspension of delivery attributable to the Customer or in the event of force majeure.
Delivery locations
The transport is made to the address indicated on the proof. Deliveries are made throughout the territory of the European Economic Area. In the event that the transport conditions require exceptional means (eg island delivery) a contribution to the costs will be invoiced to the Customer).
It is the Customer's responsibility to facilitate access for unloading the Products ordered. A clear area for unloading the product is imperative as close as possible to its place of deposit.
If the configuration of the place of delivery does not allow the carrier to deliver safely with his usual means of transport, the latter may decide to use last-mile logistics means in order to finalize the delivery or will agree with the Customer from a new delivery point to the nearest accessible delivery address indicated on the proof. Any additional costs will be borne by the Customer.
The Customer must, when ordering, fill in his exact delivery address (which may be different from the billing address) by mentioning all the details necessary for the success of the delivery, as well as a telephone number to which he will actually be reachable at the time of delivery.
Any omission or error affecting the delivery address, the conditions of accessibility of the place, the telephone number provided by the Customer or any other problem attributable to the Customer and resulting in the need to make a new delivery may be subject to additional invoicing for a new delivery at the Customer's expense.
Transport, transfer of risk and transfer of ownership
The transfer of risks takes place when the carrier delivers the Products to the Customer. PELUCHE CREATION takes care of the transport costs and takes care of its progress, according to the mode Free of port.
If the Customer wishes to take care of the transport by entrusting the delivery to a carrier of his choice, he bears the cost of the transport and the risks attached to the transport operation without being able to engage the responsibility of PELUCHE CREATION in the event of problems encountered during of delivery.
The transfer of ownership takes place after full payment of the Products by the Customer.
RETENTION OF OWNERSHIP
PELUCHE CREATION retains ownership of the Products delivered until the effective collection of all sums due by the Customer for any reason whatsoever. However, the Customer as custodian of the Products, assumes the responsibility and the risks. As of right, PELUCHE CREATION may, as soon as a payment incident occurs, demand the return, at the expense, risk and peril of the defaulting Customer, of the Product delivered, and this without formal notice. The sale will be canceled automatically and the installments already paid will remain acquired by PELUCHE CREATION in return for the enjoyment of the Products from which the Customer will have benefited, without this clause being considered as a penalty clause. In the event that the Products are resold, the original Customer will be deemed to have made this sale on behalf of PELUCHE CREATION, as agent, selling the Products and collecting the amount of the sale price in the name and on behalf of PLUSH CREATION.
GUARANTEES AND RESPONSIBILITIES
Product Compliance
It is the Customer's responsibility to check the conformity of the Products and to inform PELUCHE CREATION in the event of a defect within five (5) days of receipt. Once this period has elapsed, no complaint will be admissible against PELUCHE CREATION and the Products can no longer be taken back or exchanged.
PELUCHE CREATION's warranties apply to normal use of the Products, and do not apply to damage or destruction caused in particular by assembly error, lack of use, defective use or overloading.
After delivery, the PELUCHE CREATION guarantee does not apply to Products that are stored or kept in conditions that are unsuitable to preserve them from any damage to their integrity or substance such as bad weather, animal attacks, deterioration due to insects or contamination.
Referral request
In the event of a lack of conformity and if it proves necessary to return the Products showing poor workmanship, the Customer must make a request for return to PELUCHE CREATION by sending an email to PELUCHE CREATION at the address Teddy@marketingcreation.fr.
If this return request is accepted, PELUCHE CREATION is responsible for recovering or having the goods recovered at the place of delivery.
The Products will be refunded when the existence of defects stated by the Customer, cause of the return, will have been noted and confirmed by PELUCHE CREATION.
PELUCHE CREATION will not accept any Product sent by the Customer without a previously approved request. A fortiori, no refund will be made without following the return procedure set out above.
Moreover, when the Customer wishes to organize the delivery in postage due, the transport costs of the goods are the responsibility of the buyer who pays them, no request for return can be granted.
Responsibilities
The Parties agree that in the event of recognition of responsibility by PELUCHE CREATION towards the Customer, the first will have the choice between replacing the defective Product or refunding the Customer the cost of the Product, and this after noting the existence of damage or manufacturing defect.
If PELUCHE CREATION chooses to reimburse the price of the defective Product, it will deduct this price from the Customer's next invoice. In the absence of a future invoice, PELUCHE CREATION will be required to reimburse the Customer after a period of one (1) month.
In any case, the liability of PELUCHE CREATION is contractually limited to the value of the Products covered by the order, whatever the cause of its liability and the amount of the damage suffered by the Customer.
PELUCHE CREATION thus excludes all liability for consequential damages suffered by the Customer as a result of the use or non-use of the Products delivered by PELUCHE CREATION, such as but not limited to loss of customers, loss of income , loss of turnover, loss of image.
PRESCRIPTION
All actions to which the Order, Delivery and Compliance of the Products may give rise, whether principally or incidentally, are time-barred within one (1) year from the conclusion and execution of the Order.
FORCE MAJOR
Article 1218 of the Civil Code and case law define force majeure.
In addition, we mean, in particular but not exclusively, strikes, employer closures, civil conflicts, natural disasters, accidents, breakdowns, fires, floods, difficulties in the supply of raw materials, epidemics giving rise to health restrictions linked to the business activity and issues of transport, confinement, governmental or administrative restrictions that do not allow normal activity.
PELUCHE CREATION undertakes to make its best efforts to find a solution to the contingencies resulting from this clause.
If, for causes of force majeure, PELUCHE CREATION finds itself unable to deliver orders already accepted, it will not be considered liable vis-à-vis the Customer for damage or loss of any kind whatsoever. either resulting from this impossibility.
INDIVISIBILITY
These GCS constitute the entire agreement between PELUCHE CREATION and the Customer concerning the sale of the Products. They are supplemented by the Order confirmation sent by PELUCHE CREATION to the Customer. For Special Orders, they are completed by the proof which includes the characteristics of the products, the quantities, the prices, the delivery conditions and the Customer's confirmation.
The current T&Cs can be consulted at any time on the Website.
If any provision of these T&Cs is held invalid or unenforceable, this provision will be deleted and the other provisions will remain applicable.
The Client accepts that these T&Cs and all agreements incorporated therein may be automatically assigned or transferred by MARKETING CREATION at its sole discretion. Section headings are for convenience only and do not define, limit, interpret or describe the scope or scope of their section.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights relating to the Products marketed by PELUCHE CREATION belong to it totally, including those relating to special orders.
PELUCHE CREATION fully retains the industrial, literary, artistic property of the Products and/or software sold, projects, studies, drawings, which cannot therefore be communicated to unauthorized third parties or used for any other application without the express prior authorization by PLUSH CREATION.
Indeed, the Customer gives PELUCHE CREATION a right of use on its mark free of charge within the framework of the affixing of a logo for the advertising object.
NO SOLICITATION OF PERSONNEL
The Customer is expressly prohibited from soliciting for employment or directly or indirectly hiring any member of the staff of PELUCHE CREATION. In the event of a violation of this prohibition, the Customer shall be required to immediately pay PELUCHE CREATION, as a penalty clause, a lump sum compensation of an amount equal to twelve (12) of the last gross monthly salary of the person solicited or hired. , plus all the costs of recruiting a replacement.
SETTLEMENT OF DISPUTES AND APPLICABLE LAW
Applicable law
French law, including the Vienna Convention of April 11, 1980 and the Hague Convention of June 15, 1955, is applicable to these GCS in accordance with the rules of French and European private international law.
Amicable mode of dispute resolution
Disputes or disputes which may arise as to the validity, interpretation, execution, non-execution or termination of the GCS shall, prior to any legal action, be submitted to mediation before a mediator of the Parties' choice. The Parties expressly acknowledge the mandatory nature of recourse to mediation in the event of disputes or disputes which may arise as to the validity, interpretation, execution, non-execution or termination of the Contract.
In the event of a dispute or disagreement between the Parties, the most diligent Party will inform the other Party directly or indirectly, in simple writing, of the identity of the mediator or the mediation it offers. The other Party shall give its consent or propose another mediator or mediation organization within fifteen (15) clear days of receipt of the mail proposing mediation.
Failing agreement on the person of the mediator within fifteen (15) days from the first proposal, the latter will be appointed by the President of the competent Aix en Provence Commercial Court, ruling in summary proceedings and seized at the initiative of the most diligent Party.
The duration of the mediation may not exceed three (3) months, renewable once by mutual agreement.
Failing to reach an amicable settlement of their dispute within the above period and its possible renewal, the Parties may seize the competent court designated below.
Jurisdiction
The Parties designate the Commercial Court of Aix en Provence as the competent jurisdiction for disputes relating to these GCS, the order, delivery, payment and conformity of the Products for a dispute between the Customer and PELUCHE CREATION, including in the event of summary proceedings. .
UNIQUE IDENTIFIERS
In accordance with article R.541-173 of the Environmental Code, please find the unique identifiers for each eco-organization to which Peluche Création has joined.
Ecomaison: FR347099_12ZTUV
Valdélia: VAL01188
SYDEREP: FR013812_107YCP