General Terms and Conditions of Sale
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 Building C, in Fuveau (13710) and registered with the Trade and Companies Register of Aix en Provence under number 530 796 861. It is represented by Mr. Frédéric MARTZ, President.
The website can be accessed at the following link: https://peluchecreation.com/ .
PELUCHE CREATION customer service can be reached by mail at the company's head office address; by email at peluche@marketingcreation.fr or by phone at 04.42.26.23.07.
PRESENTATION
These General Terms and Conditions of Sale and Services (hereinafter referred to as the " GTC ") are intended to define the conditions under which the company MARKETING CREATION (hereinafter referred to as " PELUCHE CREATION ") provides the professional customer, identified on the order form and/or the quote (hereinafter referred to as " the Customer "), with the products and/or services described on the order form and/or the quote (hereinafter referred to as " the Products and/or the Services ").
Any order for Products or provision of Services implies, on the part of the Customer, consultation and unreserved acceptance of these General Terms and Conditions of Sale (GTC). These GTC, which are also referenced on the order form, exclude, unless expressly agreed to by PELUCHE CREATION, the application of any conflicting clause appearing on the Customer's documents, including its general terms and conditions of purchase or purchase orders. PELUCHE CREATION may modify these GTC at any time; the GTC applicable to the Customer will be those in effect on the date 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
All customer orders will be subject to a purchase order and/or a quote specifying the customer's identity and the products and services concerned (hereinafter " the Purchase Order "). Unless otherwise specified in the Purchase Order, all PELUCHE CREATION Purchase Orders will be valid for a period limited to 2 days. In the event of an error on the Purchase Order, no product returns will be accepted without the express prior consent of PELUCHE CREATION. Acceptance of a Purchase Order constitutes a firm and final commitment by the customer. A customer's order will only be considered binding on PELUCHE CREATION upon its execution.
ORDERING PROCESS
Order taking
The Customer places their order (hereinafter the "Order") by any means, either via the website or directly by contacting PELUCHE CREATION's customer service at the following contact details: peluche@marketingcreation.fr / 04 42 26 23 07
When an order is placed on the PELUCHE CREATION website, the customer is required to follow these steps:
- Access the Site;
- Select the products that interest him/her, specifying the desired quantity
- Request a quote by following the instructions available on the Site
- Open a customer account or log in as a customer if applicable
- Check the order details, identify and, if necessary, correct any errors
- Accept the terms and conditions.
After receiving the order, PELUCHE CREATION sends the customer an order confirmation. Express and unreserved acceptance of the General Terms and Conditions, the description of the chosen products, their quantities, personalization, prices, and delivery conditions constitutes confirmation of the order.
For special orders, order confirmation (BAT)
After receiving the special order, PELUCHE CREATION sends the customer a quote and a request for confirmation of the order in the form of a "proof" (hereinafter " BAT "). When sending the proof, PELUCHE CREATION specifies the production and delivery times.
To signify their agreement and confirm the Order, the Customer returns the signed BAT within a maximum of two working days from its receipt.
Express and unreserved acceptance of the General Terms and Conditions, the description of the chosen Products, their quantities, customization, prices, and delivery conditions constitutes confirmation of the Order. PELUCHE CREATION cannot be held liable for any errors or omissions made by the Customer during the approval of the proof.
From the date of validation of the BAT, the Client is therefore obliged to accept the delivery and pay the amount of the Products which were the subject of the BAT, unless it can be demonstrated that the delivery does not conform to the BAT.
Withdrawal
In principle, confirmation of the Order does not open any right of withdrawal.
However, a Client with five (5) or fewer employees who contracts off-premises may, under the conditions of Article L221-3 of the Consumer Code, exercise a right of withdrawal of fourteen (14) days from the date of receipt of the Product or conclusion of the Service contract, in accordance with the conditions and template accessible at the following link: Withdrawal Form
If the right of withdrawal is exercised within the aforementioned period, only the price of the purchased Product(s) and/or Service(s) and the delivery costs will be refunded; the return shipping costs remain the responsibility of the Customer. The Customer will be refunded within fourteen (14) days of receipt of the Customer's withdrawal request, provided that the Products are returned to 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 on the Order Form his request and his express waiver of his right of withdrawal.
Furthermore, for Special Orders, approval of the proof constitutes confirmation of the Order without the right of withdrawal. As Special Orders involve the manufacture of products according to the Client's specifications, the Client acknowledges that they cannot exercise a right of withdrawal once they have approved the proof.
Order date
The order date is the date of validation of the order by the Customer in the case of online payment by credit card or the date of receipt of the check or transfer.
THE PRODUCTS
The products marketed by PELUCHE CREATION are customizable promotional plush toys intended for professionals.
Most of the products sold by PELUCHE CREATION can be viewed by customers on the website https://peluchecreation.com/ or in the documentation sent to the customer upon request. PELUCHE CREATION strives to ensure that the photographic representation of the products on the website is as accurate as possible. However, it is possible that, despite PELUCHE CREATION's best efforts, the customer's perception of one or more products may not be entirely accurate. In this case, PELUCHE CREATION cannot be held liable for any difference in perception between the photographs displayed on the website and the products received by the customer.
The Client acknowledges having received all necessary information prior to entering into this agreement. The Client, acting as a professional, acknowledges having selected the Products and/or Services under their sole responsibility.
All intellectual property rights relating to the Products and their technical documentation remain the exclusive property of PELUCHE CREATION. The Client is prohibited from registering any title of ownership, in any form whatsoever, in France or abroad, relating to the Products.
Product Availability
PELUCHE CREATION reserves the right to update the Products or withdraw them from sale at any time.
All Products are deemed available at the time of the Order. However, as stock variations can be significant in a short period of time, the Customer will receive confirmation, by email and as soon as possible, of the availability of the Products included in the order.
SERVICES
Special orders (the “ Services ”) arising from specific requests from Clients are made on demand and presented to Clients as part of commercial presentations according to specifications or via the quote sent to the Client.
context , the Client may request PELUCHE CREATION to use members of its staff working within STUDIO WELCOME, whose rates are available to the Client upon request at: peluche@marketingcreation.fr
FINANCIAL CONDITIONS
Product Prices
Products and services are provided at PELUCHE CREATION's prices in effect on the date the order is placed, as specified on the order form. These prices are fixed and non-negotiable. For special orders, prices are fixed and non-negotiable during the validity period of the proof. Prices listed in PELUCHE CREATION's catalogs are indicative only and subject to change at any time by PELUCHE CREATION.
Prices are expressed in euros excluding taxes.
Provided that the delivery of all the products ordered is made to a single delivery point in metropolitan France (excluding Corsica), the price of the Products is inclusive of shipping costs, meaning that PELUCHE CREATION takes responsibility for the transport costs.
Payment terms
The payment of the Order price by the Customer is made by credit card or by transfer to the bank account of PELUCHE CREATION, the details of which are shown on the invoice.
Unless otherwise specified in the quote, payment for the Order must be made upon receipt of the invoice by the Client.
Any delay or failure to pay will automatically result in 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 the recovery costs.
For special orders and Services, the Client pays a deposit corresponding to 50% of the total amount including VAT of the Order on the date of acceptance of the Order.
In the event of late or non-payment, PELUCHE CREATION will not be obligated to accept new Orders until the Customer's debt to PELUCHE CREATION is settled. PELUCHE CREATION also reserves the right to immediately suspend any current deliveries and to refuse any Order without prior notice.
PRODUCT DELIVERY
Delivery costs
For all orders delivered outside mainland France, the payment of any applicable local taxes and customs duties is the sole responsibility of the Customer. PELUCHE CREATION cannot be held liable for any failure by the Customer to pay any sums of any kind for which they are responsible.
Delivery times
The order is prepared, and the delivery times communicated to the customer in the order form only begin to run from the date of order confirmation. For special orders, the delivery times communicated to the customer in the order form only begin to run from the date PELUCHE CREATION receives the completed proof from the customer.
Delivery times are provided for informational purposes only: exceeding these times does not entitle the customer to cancel the order, nor does it entitle them to compensation or damages. PELUCHE CREATION reserves the right to suspend delivery of the Products without any compensation if the Customer fails to comply with the agreed payment terms. PELUCHE CREATION shall not be held liable under any circumstances for any delay or suspension of delivery attributable to the Customer or in cases of force majeure.
Delivery locations
Transport is made to the address indicated on the proof of delivery. Deliveries are made throughout the European Economic Area. In cases where transport conditions require exceptional means (e.g., island delivery), a contribution to the costs will be charged to the Customer.
It is the Customer's responsibility to facilitate access for the unloading of the ordered Products. A clear unloading area is essential, located as close as possible to the delivery point.
If the delivery location's configuration does not allow the carrier to deliver safely using its usual means of transport, the carrier may decide to use last-mile logistics to complete the delivery or agree with the Customer on a new delivery point as close as possible to the delivery address indicated on the delivery confirmation. Any additional costs will be borne by the Customer.
When placing an order, the Customer must provide their exact delivery address (which may be different from the billing address), including all the details necessary for successful delivery, as well as a telephone number where they can be reached at the time of delivery.
Any omission or error affecting the delivery address, the accessibility of the location, the telephone number provided by the Customer, or any other problem attributable to the Customer and resulting in the need for a new delivery may be subject to an additional charge for a new delivery at the Customer's expense.
Transport, transfer of risk and transfer of ownership
Risk transfers to the customer when the carrier delivers the products. PELUCHE CREATION covers the shipping costs and manages the entire process, using the free-from-shipping (FOS) method.
If the Customer wishes to arrange transport by entrusting delivery to a carrier of their choice, they bear the cost of transport and the risks associated with the transport operation without being able to hold PELUCHE CREATION liable for any problems encountered during delivery.
Ownership is transferred after full payment for the Products by the Customer.
RETENTION OF TITLE
PELUCHE CREATION retains ownership of the delivered Products until full payment of all sums owed by the Customer, for any reason whatsoever, has been received. However, the Customer, as custodian of the Products, assumes responsibility and risks. PELUCHE CREATION may, as soon as a payment default occurs, demand the return of the delivered Product at the expense, risk, and peril of the defaulting Customer, without prior notice. The sale will be automatically terminated, and any deposits already paid will remain the property of PELUCHE CREATION as compensation for the Customer's use of the Products, without this clause being considered 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, acting as an agent, selling the Products and collecting the sale price in the name and on behalf of PELUCHE CREATION.
GUARANTEES AND LIABILITIES
Product Conformity
It is the Customer's responsibility to verify the conformity of the Products and to inform PELUCHE CREATION of any defects within five (5) days of receipt. After this period, no claims will be accepted against PELUCHE CREATION, and the Products will no longer be eligible for return or exchange.
PELUCHE CREATION's warranties apply to normal use of the Products, and do not apply to damage or destruction caused in particular by incorrect assembly, misuse, defective use or overloading.
After delivery, PELUCHE CREATION's guarantee does not apply to Products that are stored or kept in conditions unsuitable for preserving them from any damage to their integrity or substance, such as weathering, attacks of animal origin, deterioration due to insects or contamination.
Request for referral
In the event of non-conformity and if it proves necessary to return Products with defects, the Customer must make a return request to PELUCHE CREATION by sending an email to PELUCHE CREATION at peluche@marketingcreation.fr.
If this return request is accepted, PELUCHE CREATION will take care of collecting or arranging for the collection of the merchandise at the delivery location.
Products will be refunded when the existence of defects stated by the Customer, which caused the return, have been observed and confirmed by PELUCHE CREATION.
PELUCHE CREATION will not accept any Product sent by the Customer without a prior approved request. Furthermore, no refund will be issued without following the return procedure outlined above.
Furthermore, when the Customer has chosen to arrange delivery with freight collect, the costs of transporting the goods are borne by the buyer who pays them, and no request for return will be granted.
Responsibilities
The Parties agree that in the event of PELUCHE CREATION being found liable to the Client, the former shall have the choice between replacing the defective Product or reimbursing the Client for the cost of the Product, after verification of the existence of damage or a manufacturing defect.
If PELUCHE CREATION chooses to refund the price of the defective product, it will deduct this price from the customer's next invoice. If there is no next invoice, PELUCHE CREATION will be required to refund the customer after a period of one (1) month.
In any event, PELUCHE CREATION's liability is contractually limited to the value of the Products that are the subject of the order, regardless of the cause of its liability and the amount of damage suffered by the Customer.
PELUCHE CREATION therefore excludes all liability for indirect damages suffered by the Client 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 arising from the Order, Delivery and Conformity of the Products, whether principal or ancillary, are subject to a limitation period of one (1) year from the conclusion and execution of the Order.
FORCE MAJEURE
Article 1218 of the Civil Code and case law define force majeure.
In addition, we hear, in particular but not exclusively, of 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 activity of companies and transport issues, confinement, governmental or administrative restrictions not allowing normal activity.
PELUCHE CREATION undertakes to make its best efforts to find a solution to the contingencies resulting from this clause.
If, due to force majeure, PELUCHE CREATION is unable to deliver orders already accepted, it will not be held liable to the Customer for any damages or losses of any kind resulting from this impossibility.
INDIVISIBILITY
These Terms and Conditions constitute the entire agreement between PELUCHE CREATION and the Customer regarding the sale of Products. They are supplemented by the Order Confirmation sent by PELUCHE CREATION to the Customer. For special Orders, they are supplemented by the Proof (BAT) which details the product specifications, quantities, prices, delivery terms, and the Customer's confirmation.
The current Terms and Conditions can be viewed at any time on the Website.
If any provision of these Terms and Conditions is held to be invalid or unenforceable, that provision will be deleted and the other provisions will remain in force.
The Client agrees that these Terms and Conditions and all agreements incorporated herein may be automatically assigned or transferred by MARKETING CREATION at its sole discretion. Section headings are for reference purposes only and do not define, limit, interpret, or describe the scope or application of their respective sections.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights relating to the Products marketed by PELUCHE CREATION belong to it entirely, including those relating to special orders.
PELUCHE CREATION retains full industrial, literary, artistic property rights to the Products and/or software sold, projects, studies, drawings, which may therefore not be communicated to unauthorized third parties or used for any other application without the express prior authorization of PELUCHE CREATION.
Indeed, the Client gives PELUCHE CREATION a right to use its brand free of charge in the context of affixing a logo to the promotional item.
NO SOLICITATION OF STAFF
The Client expressly agrees not to solicit for employment or to hire, directly or indirectly, any member of PELUCHE CREATION's staff. In the event of a breach of this prohibition, the Client shall be required to immediately pay PELUCHE CREATION, as a penalty clause, a fixed indemnity equal to twelve (12) of the last gross monthly salary of the person solicited or hired, plus all costs of recruiting a replacement.
DISPUTE RESOLUTION AND APPLICABLE LAW
The applicable law
French law, including the Vienna Convention of 11 April 1980 and the Hague Convention of 15 June 1955, is applicable to these General Terms and Conditions in accordance with the rules of French and European private international law.
Amicable method of dispute resolution
Any disputes or disagreements that may arise concerning the validity, interpretation, performance, non-performance, or termination of these General Terms and Conditions shall, prior to any legal action, be submitted to mediation before a mediator chosen by the Parties. The Parties expressly acknowledge the mandatory nature of recourse to mediation in the event of any disputes or disagreements that may arise concerning the validity, interpretation, performance, non-performance, or termination of the Contract.
In the event of a dispute or disagreement between the Parties, the more diligent Party shall inform the other Party, directly or indirectly, in writing, of the identity of the mediator or mediation body it proposes. The other Party shall give its consent or propose another mediator or mediation body within fifteen (15) clear days of receiving the letter proposing mediation.
If they fail to agree on the person of the mediator within fifteen (15) days from the first proposal, the latter shall be appointed by the President of the Commercial Court of Aix en Provence competent, 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.
If they fail to reach an amicable settlement of their dispute within the above period and its possible renewal, the Parties may refer the matter to the competent jurisdiction designated below.
competent jurisdiction
The Parties designate the Commercial Court of Aix en Provence as the competent jurisdiction for disputes relating to these General Terms and Conditions, 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 adhered.
Ecomaison: FR347099_12ZTUV
Valdélia: VAL01188
SYDEREP: FR013812_107YCP