General Terms & Conditions of Sale
Version of 13/11/2023
Contenu réductible
INTRODUCTION
These general terms and conditions of sale (hereinafter referred to as the "General Terms and Conditions of Sale" or "GTCS") apply to any purchase made by a consumer customer (hereinafter referred to as the "Customer") to MADAME LÉA CRUSEL, a Sole Proprietorship, registered in the Paris Trade and Companies Register under number 918 974 940, whose registered office is located at 14 rue GAMBEY, Appartement 16 - 75011 Paris (FRANCE) (hereinafter referred to as "MADAME LÉA CRUSEL").
Unique identification number: in the process of being allocated
The purpose of the present General Terms and Conditions of Sale is to frame the sale and delivery of Products ordered by Customers to MADAME LÉA CRUSEL via its Internet Site accessible at the following address: https://www.mypilotcollection.com/ (hereinafter referred to as "the Site").
They can be accessed at any time via a hypertext link available in the footer of the Site and can be printed by clicking on the "download" button at the very bottom of the General Terms and Conditions of Sales page.
IMPORTANT
Any Order placed on the Site implies the Customer's unreserved acceptance of these General Terms and Conditions of Sale.
ARTICLE 1 - DEFINITIONS
The terms used below have the following meanings in these General Terms and Conditions of Sale:
- "Customer": refers to the co-contractor of MADAME LÉA CRUSEL, who guarantees to have the status of consumer as defined by French law and jurisprudence. In this respect, it is expressly stipulated that the Customer is a natural person who is acting for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity.
- "Order": refers to the purchase of Products by a Customer on the Site.
- "Account": refers to the space dedicated to the Customer and associated with all the data provided by the Customer, hosted on the Site. Access to the Account is via the Customer's Identifiers.
- "Identifiers": refers to the e-mail address and password chosen by the Customer, required to access his/her Account on the Site.
- "Delivery": refers to the first presentation of the Products ordered by the Customer at the delivery address indicated when the Order was placed.
- "Products": refers to all products marketed by MADAME LÉA CRUSEL on the Site (art, automobilia, luggage, watches, jewelry, pilot's dressing room, accessories, gastronomy, beverages, derivative products, etc.).
- "Site": refers to MADAME LÉA CRUSEL's Internet Site accessible at the following address: https://www.mypilotcollection.com/
- "Territory": refers to Metropolitan France and, in certain specific cases, certain European countries.
ARTICLE 2 - PURPOSE
These GTCS govern the sale of Products by MADAME LÉA CRUSEL to consumer Customers via the Site.
The Customer is clearly informed and acknowledges that these GTCS govern only the sale of Products on the Site to consumer Customers.
ARTICLE 3 - ACCEPTANCE OF THE GTCS
The Customer undertakes to read these General Terms and Conditions of Sale carefully and to accept them expressly before proceeding with the payment of an Order for Products placed on the Site.
These GTCS are referenced at the bottom of each page of the Site by means of a link and must be consulted before placing the Order. The Customer is invited to read, download and print the GTCS carefully and to keep a copy.
MADAME LÉA CRUSEL advises the Customer to read the GTCS on each new Order, as the latest version of the said GTCS applies to all new Orders for Products.
By clicking on the "Add to basket" button to place the Order and then on the second "Confirm order" button to confirm said Order, the Customer acknowledges having read, understood and accepted the GTCS without limitation or condition.
ARTICLE 4 - SITE REGISTRATION CONDITIONS
To be able to purchase a Product, the Customer must be at least eighteen (18) years old and/or have legal capacity and be a consumer within the meaning of the first article of the French Consumer Code.
4.1. Registration procedure
All Customers have the option of registering on their first visit to the Site in order to create an Account. Customer registration on the Site is free of charge.
To open an Account, the Customer must :
- Fill in their personal details (First name, Last name, e-mail address)
- Choose a password.
Any incomplete registration will not be validated, which the Customer acknowledges and accepts.
The information that the Customer provides to MADAME LÉA CRUSEL during registration must be complete, exact, up to date, sincere and not misleading. MADAME LÉA CRUSEL reserves the right to ask the Customer to confirm, by any appropriate means, his/her identity, eligibility and the information provided.
Customers are informed and accept that the information entered for the purposes of creating or updating their Account constitutes proof of their identity. The information entered by Customers is binding on them as soon as it has been validated.
Customers undertake to update this information in their Account without delay in the event of any changes, so that it always corresponds to the aforementioned criteria.
When a Customer registers, an Account is automatically opened in their name, from which they can:
- Manage their personal information
- Manage and track their Orders;
- Manage their returns.
The e-mail address given at registration and the password constitute the Customer's Identifiers.
Customers may log into their Account to change their password. The Customer is advised to :
- Choose a unique, strong and complex password (obvious information should be avoided);
- Keep their password secure (passwords must never be stored in clear text);
- Do not disclose your password to third parties.
Customers can access their Account at any time after identifying themselves using their Identifiers.
MADAME LÉA CRUSEL undertakes to keep in a secure manner all contractual elements whose retention is required by the law or regulations in force.
4.2. Management of Identifiers
The Customer shall be solely responsible for the use of his/her Identifiers or actions taken via his/her Account.
In the event that a Customer divulges or uses his/her Identifiers in a manner contrary to their intended purpose, MADAME LÉA CRUSEL may terminate access to the Account without notice or compensation.
MADAME LÉA CRUSEL shall under no circumstances be held responsible in the event of usurpation of a Customer's identity. Any access and action carried out from a Customer's Account will be presumed to be carried out by this Customer, insofar as MADAME LÉA CRUSEL is not obliged to and does not have the technical means enabling it to ensure the identity of the persons having access to the Account.
Any loss, misappropriation, or unauthorised use of a Customer's Identifiers and the consequences thereof are the sole responsibility of the Customer, the latter being required to inform MADAME LÉA CRUSEL, without delay, by electronic message sent to the following address: contact@mypilotcollection.com.
4.3. Unsubscription
The Customer may close his/her Account at any time by sending an e-mail to the following address: contact@mypilotcollection.com, provided that an Order is not in progress.
MADAME LÉA CRUSEL will deactivate the Account as soon as possible and will send the Customer an email confirming the closure.
ARTICLE 5 - ORDERING PRODUCTS ON THE SITE
5.1. Product characteristics
MADAME LÉA CRUSEL undertakes to present in a clear, easy-to-read and comprehensible manner the essential characteristics of the Products and the compulsory information that the Customer must receive by virtue of the applicable law.
These characteristics and information appear on the product sheets present on the Site and contain in particular the description of the Product (color, possible size, etc.) the constituent materials, the manufacturing processes used, the substantial qualities, the format, the advice for use, the conditions of maintenance and the price of the Product.
The products offered by My Pilot Collection are presented on the sites in the French language. Any citizen of the European Community and countries complying with Directive 95/46/EC may not invoke his or her lack of language skills as a reason for cancelling the contract.
MADAME LÉA CRUSEL undertakes to indicate, in particular, when required to do so:
- The environmental qualities and characteristics of any waste-generating Product (incorporation of recycled materials, use of renewable resources, durability, compostability, reusability, recyclability and presence of hazardous substances);
- The applicable sorting rules.
The Customer undertakes to read this information carefully before placing an Order on the Site.
The Customer must carefully read the various warnings appearing on the Product description sheets, and in particular the various instructions for use and maintenance, before proceeding with any Order.
The Customer shall use the Products in accordance with the instructions for use, and in compliance with their intended purpose.
All Products sold by MADAME LÉA CRUSEL on the Site comply with current European legislation and standards applicable in France.
5.2. Order procedure
Orders for Products are placed directly on the Site. To place an Order, the Customer must follow the steps described below (please note, however, that depending on the Customer's start page, the steps may differ slightly).
5.2.1. Product selection and purchase options
The Customer must select the Product(s) of his/her choice by clicking on the relevant Product(s) and choosing the desired quantities. Once the Product has been selected, it is placed in the Customer's shopping basket. The Customer may then add as many Products as he or she wishes to the basket.
5.2.2. Orders
Once the Products have been selected and placed in the basket, the Customer must click on the basket and check that the contents of the Order are correct (including the quantity, characteristics and references of the Products ordered and their price) before validating its contents.
5.2.3. Acknowledgement of receipt
Once all the steps described above have been completed, a page appears on the Site to acknowledge receipt of the Customer's Order.
A copy of the Order acknowledgement is automatically sent to the Customer by e-mail, only if the e-mail address given on the registration form is correct.
It is specified that the Order summary and confirmation e-mail may be retained and printed by the Customer.
5.2.4. Billing
During the Order process, the Customer must enter the information required for invoicing (the sign (*) indicates the mandatory fields that must be completed for MADAME LÉA CRUSEL to process the Customer's Order).
In particular, the Customer must clearly indicate all information relating to Delivery, in particular the exact Delivery address, as well as any access code to the Delivery address.
The Customer must also specify the chosen method of payment.
Neither the order form drawn up by the Customer online, nor the preparation form received in the parcel, constitutes an invoice. Regardless of the method of Order or payment used, the Customer will receive the invoice by e-mail as well as in his/her Account.
5.3. Order date
The date of the Order is the date on which MADAME LÉA CRUSEL acknowledges online receipt of the Order. The processing times indicated on the Site only begin to run from this date.
5.4. Prices
For all Products, the Customer will find prices displayed on the Site in euros inclusive of all taxes, as well as the applicable delivery charges (excluding packaging and gifts, depending on the delivery address and the carrier or mode of transport chosen).
In particular, prices include Value Added Tax (VAT) at the rate applicable on the Order date. Any change in the applicable rate may have an impact on the price of the Products from the date on which the new rate comes into force.
The applicable VAT rate is expressed as a percentage of the value of the Product sold.
MADAME LÉA CRUSEL's suppliers' prices are subject to change. Consequently, the prices indicated on the Site may change. They may also be modified in the event of special offers or sales.
The prices indicated are valid, except for major errors. The applicable price is that indicated on the Site on the date the Order is placed by the Customer.
5.5. Product availability
MADAME LÉA CRUSEL undertakes to deliver the Product on the date or within the period indicated to the Customer, unless the parties have agreed otherwise.
The unavailability of a Product is indicated on the page of the Product concerned.
In any event, if unavailability was not indicated at the time of the Order, MADAME LÉA CRUSEL undertakes to inform the Customer without delay if the Product is unavailable.
In the event that a Product is unavailable, MADAME LÉA CRUSEL may, and if the parties agree, propose an alternative Product of equivalent quality and price, accepted by the Customer.
If the Customer decides to cancel his/her Order for unavailable Products, he/she will be reimbursed for all sums paid for the unavailable Products no later than fourteen (14) days following the date on which the GCS were denounced.
ARTICLE 6 - RIGHT OF WITHDRAWAL
6.1. Principle of withdrawal
In principle, the Customer has the right to withdraw by returning or handing back the Product to MADAME LÉA CRUSEL, without giving any reason.
To do so, the Product must be returned or handed back at the latest within fourteen (14) days following the communication of the decision to withdraw, unless MADAME LÉA CRUSEL proposes to collect the Product itself.
6.2. Withdrawal period
The withdrawal period expires fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods.
If the Customer has ordered several Products via a single Order giving rise to several Deliveries (or in the case of an Order for a single Product delivered in several batches), the withdrawal period shall expire fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last item (or batch).
In the event of delivery of the Product in several batches of parts, the withdrawal period will expire fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last batch or part.
6.3. Notification of the right of withdrawal
To exercise his/her right of withdrawal, the Customer must notify his/her decision to withdraw by means of an unambiguous statement (for example, letter sent by post, fax or e-mail) to : MADAME LÉA CRUSEL - 14 rue GAMBEY, Appartement 16 - 75011 Paris (FRANCE), or to the following e-mail address: contact@mypilotcollection.com.
You can also use the form below: (Please complete and return this form only if you wish to withdraw from the contract).
For the attention of MADAME LEA CRUSEL, 14 rue GAMBEY, Appartement 16 - PARIS 75011, e-mail: contact@mypilotcollection.com.
I hereby notify you of my withdrawal from the contract for the sale of the goods below:
- Received on :
- Name of consumer(s) :
- Address of consumer(s) :
- Signature of the consumer(s) (only in the case of notification of this form on paper) :
- Date :
In order for the withdrawal period to be respected, the Customer must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
6.4. Effects of withdrawal
In the event of withdrawal by the Customer, MADAME LÉA CRUSEL undertakes to reimburse all sums paid, including delivery costs, without undue delay, and at the latest within fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw (Article L.221-24 of the French Consumer Code).
Unless MADAME LÉA CRUSEL offers to collect the Products itself, MADAME LÉA CRUSEL may defer reimbursement until the Products have been collected or until the Customer has provided proof of shipment of the Products, whichever is the earlier.
MADAME LÉA CRUSEL will proceed with the reimbursement using the same means of payment that the Customer used for the initial transaction, unless the Customer expressly agrees to use another means of payment and insofar as the reimbursement will not incur any costs for the Customer.
6.5. Return procedures
In any event, the Customer must return the Product(s) to MADAME LEA CRUSEL - 14 rue GAMBEY, Appartement 16 - 75011 Paris (FRANCE), or to the following e-mail address: contact@mypilotcollection.com, no later than fourteen (14) days after communicating his/her decision to withdraw from these GTCS.
This period is deemed to have been respected if the Customer returns the goods before the fourteen (14) day period has expired.
6.6. Return costs
The Customer shall bear the direct costs of returning the goods.
In the event that the weight of the Product prevents the Customer from returning the Product by post, the Customer shall also bear the direct cost of returning the goods.
6.7. Condition of the returned good
The Product must be returned in accordance with MADAME LÉA CRUSEL's instructions and include all the accessories delivered.
The Customer is only liable for the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this Product. In other words, the Customer has the possibility of testing the Product but may be held liable if he/she carries out manipulations other than those necessary.
6.8. Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
- The supply of services fully performed before the end of the withdrawal period and, if the contract imposes an obligation on the consumer to pay, the performance of which has begun with his prior and express agreement and with his acknowledgement of the loss of his right of withdrawal, when the service has been fully performed by the professional;
- The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and which may occur during the withdrawal period;
- The supply of goods made to the consumer's specifications or clearly personalised;
- The supply of goods likely to deteriorate or expire rapidly;
- The supply of goods which have been unsealed by the consumer after Delivery and which cannot be returned for reasons of hygiene or health protection;
- The supply of goods which, after delivery and by their nature, are indissociably mixed with other items;
- The supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
- Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
- The supply of audio or video recordings or computer software when they have been unsealed by the consumer after Delivery;
- The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
- Concluded at a public auction;
- The supply of accommodation services, other than residential accommodation, goods transport services, car hire, catering or leisure activities that must be provided on a specific date or at a specific time;
- The supply of digital content without a physical medium where performance has begun before the end of the withdrawal period and, if the contract imposes an obligation on the consumer to pay, where :
- a) he has given his prior express consent for performance of the contract to begin before the end of the withdrawal period; and
- b) he has acknowledged that he will lose his right of withdrawal; and
- c) the trader has provided confirmation of the consumer's agreement in accordance with the provisions of the second paragraph of Article L. 221-13.
ARTICLE 7 - PAYMENT
7.1. Methods of payment
The Customer may pay for Products online on the Site by the means proposed by MADAME LÉA CRUSEL, i.e. by credit card only (Visa, Mastercard, Amex, Apple Pay, Paypal, Amazon Pay...).
The Customer guarantees MADAME LÉA CRUSEL that he/she holds all the authorizations required to use the chosen method of payment.
MADAME LÉA CRUSEL will take all necessary measures to guarantee the security and confidentiality of data transmitted online in the context of online payment on the Site.
In this respect, it is specified that all payment information provided on the Site is transmitted to the Site's bank and is not processed on the Site.
7.2. Payment date
In the case of a single payment by credit card, the Customer's account will be debited as soon as the Product Order is placed on the Site.
If the Customer decides to cancel his Order for unavailable Products, the refund will be made in accordance with the last paragraph of Article 5.5 of these GTCS.
7.3. Payment refusal
If the bank refuses to debit a card or other means of payment, the Customer must contact MADAME LÉA CRUSEL's Customer Service Department writing at contact@mypilotcollection.com in order to pay for the Order by any other valid means of payment accepted by MADAME LÉA CRUSEL.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the Customer proves impossible, the Order will be cancelled and the sale automatically terminated.
ARTICLE 8 - ONLINE REVIEW
MADAME LEA CRUSEL offers the Customer the possibility of publishing "online reviews" on the Site following or not the Ordering of a Product.
8.1. What is an online review?
In accordance with article D.111-16 of the French Consumer Code, an online review is defined as "the expression of a consumer's opinion on his or her consumption experience by means of any element of appreciation, whether qualitative or quantitative".
An online review is qualified whether or not the Customer Consumer has purchased the Product for which he or she is submitting a review.
In this context, MADAME LEA CRUSEL offers all Customers the possibility of rating their consumer experience on the Site in accordance with the terms and conditions described below.
8.2. What are the conditions for publishing online reviews on the Site?
Within 7 days of ordering the Products, the Customer will receive an e-mail inviting him/her to leave a review of his/her experience. As such, the Customer may evaluate the Products by assigning a rating.
Customers may also leave a comment about their experience.
MADAME LEA CRUSEL hereby expressly undertakes to provide Customers with fair, clear and transparent information regarding the publication and processing of online reviews. In this respect, MADAME LEA CRUSEL undertakes in particular to display the date of the review and any updates.
In this respect, the Customer is informed that :
- MADAME LEA CRUSEL usually does not carry out any moderation of reviews.
However, in the event of any control exercised over the reviews, MADAME LEA CRUSEL undertakes to ensure that the processing of personal data carried out in this context complies with the French Data Protection Act n°78-17 of January 6, 1978, as amended, and with the RGPD.
- Reviews are published within a maximum of one week from receipt of the Order;
- Reviews will be kept on the Site for a maximum of three (3) years from the date of publication;
All customers can then view all the reviews relating to their customer experience.
8.3. How can I report a problem with a published review?
MADAME LEA CRUSEL has set up a free feature enabling any Customer to report a problem with a review.
Any Customer wishing to write to MADAME LEA CRUSEL about a particular review is invited to do so at the following address: contact@mypilotcollection.com
In hindsight, following a relevant report, LEA CRUSEL agrees to remove a review if it :
- Does not comply with these GTCS;
- Contains content that is defamatory, abusive, insulting, malicious, incites violence or hatred, racist, illegal, discriminatory, invasive of privacy or publicity rights or inappropriate in any way whatsoever.
ARTICLE 9 - PROOF AND ARCHIVING
Any contract concluded with the Customer corresponding to an Order amounting to more than 120 euros including VAT will be archived by MADAME LÉA CRUSEL for a period of ten (10) years in accordance with article L. 213-1 of the French Consumer Code. MADAME LÉA CRUSEL agrees to archive this information in order to monitor transactions and produce a copy of the contract at the Customer's request.
In the event of a litigation, MADAME LÉA CRUSEL will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
ARTICLE 10 - TRANSFER OF OWNERSHIP
MADAME LÉA CRUSEL remains the owner of the Products delivered until full payment has been received from the Customer.
The above provisions do not prevent the transfer to the Customer, at the time when the latter or a third party designated by him takes physical possession of the Product, of the risks of loss or damage to the Products which are the subject of the reservation of title, as well as the risks of damage which they may cause.
In the event of delivery to a carrier other than the one proposed by MADAME LÉA CRUSEL, the risk of loss or damage to the Product is transferred to the Customer when the Product is handed over to the carrier.
ARTICLE 11 - DELIVERY
11.1. Delivery zone
The Products offered can only be delivered within the Territory.
It is impossible to place an Order for any delivery address outside this Territory.
The Products are sent to the delivery address(es) indicated by the Customer during the Order process.
11.2. Shipping times
The deadlines for preparing an Order and then issuing an invoice, prior to dispatch of Products in stock, are set out on the Web Site. These times do not include weekends or public holidays.
An e-mail message will automatically be sent to the Customer when the Products are dispatched, provided that the e-mail address entered in the registration form is correct.
11.3. Delivery times and costs
During the Order process, MADAME LÉA CRUSEL indicates to the Customer the possible delivery times and shipping methods for the Products purchased.
Shipping costs are calculated according to the delivery method, the weight of the parcel and the delivery address.
The amount of these costs will be payable by the Customer in addition to the price of the Products purchased.
Delivery times and costs are detailed on the Site.
In the absence of any indication or agreement as to the delivery date, MADAME LÉA CRUSEL will deliver the Product without undue delay and no later than thirty (30) days after the conclusion of the contract. (Article L.216-1 of the French Consumer Code).
11.4. Delivery methods
The following delivery methods are available:
- Colissimo (compléter)
- Chronopost (compléter)
The parcel will be delivered to the Customer upon signature and presentation of proof of identity.
If the Customer is absent, a delivery notice will be left so that they can collect their parcel from the post office.
11.5. Delivery Problems
In the event of MADAME LÉA CRUSEL failing to fulfil its delivery obligation, the Customer may take advantage of article L.216-6 of the French Consumer Code, which provides for the possibility :
To give notice of suspension of payment of all or part of the price until the professional performs, under the conditions of articles 1219 and 1220 of the Civil Code;
To cancel the contract, if after having given formal notice to the professional to deliver within a reasonable additional period, the latter has not complied within this period.
The General Terms and Conditions of Sale are considered to have been cancelled upon receipt by MADAME LÉA CRUSEL of the letter or written document informing it of this cancellation, unless MADAME LÉA CRUSEL has performed in the meantime.
The Customer may immediately cancel the contract:
- When the professional refuses to deliver the Product or when it is obvious that he will not deliver the goods;
- When the professional does not fulfil his obligation to deliver the Product on the date or at the end of the period stipulated in article L.216-1 of the Consumer Code and when this date or this period constitutes an essential condition of the contract for the Customer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request made by the Customer before the conclusion of the contract.
When the GCS are cancelled under the aforementioned conditions, MADAME LÉA CRUSEL will reimburse the Customer for all sums paid, at the latest within fourteen (14) days following the date on which the contract was cancelled.
ARTICLE 12 - PACKAGING
The Products will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the Products during Delivery.
Customers undertake to comply with the same standards when returning Products under the conditions set out in Article 6 of these GTCS.
ARTICLE 13 - LEGAL WARRANTIES
In addition to the commercial warranties that MADAME LÉA CRUSEL may offer for certain Products, all Customers benefit from "legal" warranties, for all Products, which are detailed below, in accordance with article L.221-5 of the French Consumer Code.
"The consumer has a period of two years from the date of delivery of the good to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a defect of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.
Where the contract for the sale of goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty applies to this digital content or digital service throughout the period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service, and not the date of its appearance.
The legal warranty of conformity obliges the professional, where applicable, to provide all updates necessary to maintain the conformity of the good.
The legal warranty of conformity gives the consumer the right to repair or replace the good within thirty days of his request, free of charge and without any major inconvenience for him.
If the good is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.
If the consumer asks for the good to be repaired, but the seller requires it to be replaced, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good.
The consumer may obtain a reduction in the purchase price by keeping the good, or terminate the contract by obtaining a full refund against return of the good, if :
1° The professional refuses to repair or replace the good;
2° The goods are repaired or replaced after a period of thirty days;
3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular where the consumer definitively bears the cost of taking back or removing the non-conforming good, or if he bears the cost of installing the repaired or replacement good;
4° The non-conformity of the good persists despite the seller's unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a reduction in the price of the goods or to termination of the contract where the lack of conformity is so serious that it justifies an immediate reduction in the price or termination of the contract. In such cases, the consumer is not obliged to ask for the goods to be repaired or replaced beforehand.
The consumer is not entitled to have the sale rescinded if the lack of conformity is minor.
Any period of immobilisation of the goods with a view to their repair or replacement suspends the warranty that was in force until delivery of the repaired goods.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.
Any seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).
Consumers also benefit from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or to a full refund if the goods are returned.
ARTICLE 14 - LIABILITY
MADAME LÉA CRUSEL shall in no event be held liable in the event of non-performance or improper performance of contractual obligations attributable to the Customer, in particular when entering his/her Order.
MADAME LÉA CRUSEL shall not be held liable, or considered to have failed, for any delay or non-fulfillment of any of its obligations described in these GTCS, when the cause of the delay or non-fulfillment is linked to a case of force majeure as defined by the jurisprudence of the French Courts and Tribunals.
It is further specified that MADAME LÉA CRUSEL has no control over websites that are directly or indirectly linked to the Site. Consequently, MADAME LÉA CRUSEL accepts no responsibility for the information published on these sites. Links to third-party websites are provided for information purposes only, and no guarantee is given as to their content.
ARTICLE 15 - FORCE MAJEURE
MADAME LÉA CRUSEL shall not be held liable if the non-performance or delay in performance of any of its obligations described in these GTCS is due to force majeure.
Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably have been foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the debtor from fulfilling its obligation.
If the inability to perform is temporary, performance of the obligation is suspended, unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is terminated ipso jure and the parties are released from their obligations under the conditions set out in articles 1351 and 1351-1 of the French Civil Code.
In the event of one of the aforementioned events, MADAME LÉA CRUSEL will endeavour to inform the Customer as soon as possible.
ARTICLE 16 - PERSONAL DATA
Any consumer has the option of registering free of charge on the BLOCTEL telephone anti-solicitation list https://www.bloctel.gouv.fr/.
In accordance with law no. 2020-901 of July 24, 2020 aimed at regulating telephone canvassing and combating fraudulent calls, any professional reserves the right to canvass a consumer registered on the telephone canvassing opposition list when solicitations are made in connection with the performance of a current contract and are related to the subject matter of said contract, including when the purpose is to offer the consumer products or services related to or complementary to the subject matter of the current contract or likely to improve its performance or quality.
MADAME LÉA CRUSEL collects on the Site personal data regarding its Customers as part of the management of information requests, the management and follow-up of Accounts and Contracts, the management of Orders and Deliveries of Products, the management of payment, the proper functioning and ongoing improvement of the Site, the management of requests for rights arising from the RGPD and, if the Customer has expressly chosen this option, to send the Customer newsletters and commercial offers, unless the Customer no longer wishes to receive such communications from MADAME LÉA CRUSEL.
In this respect, the Customer is invited to consult MADAME LÉA CRUSEL's Privacy Policy, accessible at the following address: https://www.mypilotcollection.com/pages/privacy-policy, which will provide further information regarding the protection of personal data, the processing carried out via the Site and the procedures for exercising rights.
ARTICLE 17 - CUSTOMER SERVICE & COMPLAINTS
MADAME LÉA CRUSEL provides the Customer with a customer service department available by e-mail at the following address: contact@mypilotcollection.com.
ARTICLE 18 - INTELLECTUAL PROPERTY RIGHTS
All visual and audio elements of the Site, including the underlying technology used, are protected by copyright, trademark and/or patent law. These elements are the property of MADAME LÉA CRUSEL.
Any person who publishes a website and wishes to create a direct hypertext link to the Site must request MADAME LÉA CRUSEL's authorization in writing.
MADAME LÉA CRUSEL's authorization will under no circumstances be granted on a permanent basis. This link must be removed at the request of MADAME LÉA CRUSEL. Hypertext links to the Site using techniques such as framing or in-line linking are strictly prohibited.
Any representation or reproduction, in whole or in part, of the Site and its contents, by any process whatsoever, without the express prior authorization of MADAME LÉA CRUSEL, is prohibited and shall constitute an infringement punishable by the provisions of the French Intellectual Property Code.
Acceptance of the present General Terms and Conditions of Sale constitutes recognition by the Customer of MADAME LÉA CRUSEL's intellectual property rights and an undertaking to respect them.
ARTICLE 19 - VALIDITY OF THE GTCS
Any change in current legislation or regulations, or any decision by a competent court invalidating one or more clauses of these GTCS, shall not affect the validity of these GTCS. Any such modification or decision shall in no way authorize customers to disregard these GTCS.
ARTICLE 20 - MODIFICATION OF THE GTCS
These GCS apply to all Orders placed online on the Site, for as long as the Site is available online.
MADAME LÉA CRUSEL reserves the right to modify and update these GTCS at any time. The applicable GCS are those in force at the time of the Order.
Changes to the GTCS will not apply to Products already purchased.
ARTICLE 21 - JURISDICTION AND APPLICABLE LAW
THESE TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN THE CUSTOMER AND MADAME LÉA CRUSEL ARE GOVERNED BY FRENCH LAW.
IN THE EVENT OF A DISPUTE, THE FRENCH COURTS SHALL HAVE EXCLUSIVE JURISDICTION.
However, prior to any recourse to an arbitral or state judge, the Customer is invited to contact MADAME LÉA CRUSEL's complaints department.
If no agreement is reached, or if the Customer proves that he/she has previously attempted to resolve his/her dispute directly with MADAME LÉA CRUSEL by means of a written complaint, an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith, with a view to reaching an amicable agreement in the event of any dispute relating to these GTCS, including those concerning its validity.
To initiate this mediation, the Customer may contact MADAME LÉA CRUSEL's mediator: [Name of mediator ongoing] who may be contacted by post at the following address: [ongoing] by e-mail at [ongoing] or by filling in a form on the website accessible at the following address: [ongoing].
Consumers may also have recourse to the European platform for online dispute resolution, accessible at the following address
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.
The Party wishing to initiate mediation must first inform the other Party by registered letter with acknowledgement of receipt, setting out the details of the dispute.
Since mediation is not compulsory, the Customer or MADAME LÉA CRUSEL may withdraw from the process at any time.
SHOULD MEDIATION FAIL OR NOT BE ENVISAGED, THE DISPUTE WHICH MAY HAVE GIVEN RISE TO MEDIATION WILL BE REFERRED TO THE COMPETENT COURT DESIGNATED ABOVE.