These conditions are made between, the first party,
Wiz’ Import company, owner of cake-towel.com, under the registration number B
492 337 449 RCS Paris, registration address 27 avenue de l'Opéra 75001 PARIS,
hereinafter referred to as "cake-towel.com”, and the second party, those wishing
to make purchases via the website" cake-towel.com, an e-commerce website
hereinafter referred to as "The Customer".
For the purposes of this Preamble, it is agreed that
the customer and "cake-towel.com" will be collectively referred to as the
"Parties" and individually called "Party", and that the User who validate an
order will be referred to as "Customer". The rights and obligations of the User
apply perforce to the customer.
The customer who wish to make purchases on the website
declare possessing full civil capacity
Any order of a product offered on the website
expressly
assumes consultation and acceptance of the present general sales conditions,
without this acceptance being conditioned by a handwritten signature on the part
of the User. In accordance with the legal dispositions, it is reminded that the
validation of an order form such as specified in Article 3.3. with an electronic
signature has, between the Parties, the same validity as a handwritten signature
and serves as proof of the integrity of the order and of the liability of the
amounts due in executing the aforementioned order.
Article 1. Purpose
These general sales conditions define, exclusively
because of the relationships they establish on the Internet, the rights and
obligations of the Parties arising from the online sale of products offered on
the website. They regulate all the necessary steps for placing the order and
ensure the monitoring of this order between the contracting Parties.
The Parties agree that their relations will be
exclusively governed by this contract and the terms of delivery and return
mentioned in chapter delivery: Terms of delivery and return. If a
condition is found to be lacking, it would be governed by the procedures in
force in the distance domiciled in France
Article 2. Product – Price
2.1 products
The products offered for sale by "cake-towel.com" are
those listed on the website the day of consultation of the website by the
customer and within the limits of available stocks. In lack of certain products,
"cake-towel.com" undertakes to inform the customer as soon as possible.
In case of unavailability beyond 30 days of products ordered and paid, the
customer will be informed by email. The cancellation of the order of the product
and refund will be made, the rest of the order remaining firm and definitive.
The photographs and text illustrating the products are
not contractual
2.2 Price
Prices are indicated in Euro. They don’t take
into account the VAT applicable in the delivery country
Prices shown on website include the delivery fees.
As the goods are directly sent from Hong Kong to the
customer country, our transporter DHL or UPS might ask you to pay the customs
duties or VAT import duties.
"cake-towel.com" reserves the right to change prices at
any time. Products are invoiced on the basis of the rates in effect at the time
of the order, subject to availability, however.
Products remain the property of "towel-Patissserie.com"
until payment of customer
Article 3. validation of order
3.1 Website navigation
The customer can freely browse the pages of the
website, without being committed to orders.
3.2.Order registration
The customer places his order on the website
“cake-towel.com”.
To be accepted, the order must include all information relevant to its
treatment.
Any order implies acceptance of terms and conditions,
prices and descriptions of products available for sale.
To order the products he has chosen, after clicking on
"Payment", any purchaser must be identified either by entering the email and
password if he has already placed an order with "cake-towel. com "or by
completing the appropriate form. In the latter case, the customer must
accurately complete the form, on which it will comprise the necessary
information to identify, especially his full name, mailing address and e-mail.
The customer is informed and accepts that the seizure
of these two identifiers (email address and password) is proof of his identity
and expression of his consent.
Once the customer identified, he need to confirm the delivery address (as
specified in article 5 below)
3.3 definitive validation of order
After being informed of the status of his order, and
once all the information requested has been completed by the customer, click on
the "Validate Cart" to confirm his order.
3.4 confirmation of order
After confirmation of payment (with the provision of
card number and expiration date), a summary of the customer order will be sent,
upon receipt of the order, to the email address given by the customer during
order. This confirmation will include all of the components of the contract
between the Parties.
Article 4. Payment
4.1 payment by credit card
The customer must transit his credit card number, type
of the card, the expiration date and the CVC number (3 digit numbers on the back
of the card).
The customer will make payment via the website
"cake-towel.com" using the ETP (electronic payment terminals) of the Banque
Populaire. The website of “cake-towel.com" is safeguarded by SSL encryption
(Secure Socket Layer) to protect as effectively as possible all data related to
payment. So the bank data of the client are transmitted to the bank which is
itself safeguarded by SSL encryption and at no time the customer’s bank data
pass on the computer system of "cake-towel.com" The responsibility of
"cake-towel.com” is therefore clear of this title.
Upon valid payment, the order is recorded and becomes
irrevocable. The user becomes a buyer. The purchase order will be recorded on
the registers of "cake-towel.com", which are kept reliably and durably, and will
be regarded as evidence of contractual relationships between the parties.
Pursuant to Article 6 below, the customer has a right
of exchange and refund, for a period of 7 days from the date of receipt of
products.
4.2 Payment by check
Payments by check are not accepted.
4.3 payment by postal money orders
Payments by postal money orders are not accepted.
4.4 payments by bank transfer
You just have to use our bank details below plus your
name and order number to make your transfer. The order will be taken into
account when we receive your payment (the average time is 3 days after the
transfer is made).
Beneficial name: Wiz' Import
Bank: CCM PARIS 15 CHAMP DE MARS
SWIFT Code: CMCIFR2A
IBAN Code: FR76 1027 8060 3700 0203 9610 184
Beneficiary name: Wiz' Import
Article 5. Delivery
Products are delivered to the delivery address
specified by the customer when completing the order form.
Delivery time shown is indicative, it is counted from
the day the client confirm his order, payment received to the delivery of the
Products. In no case they cannot be applied, but in case of unusual delay, an
email will be sent to the customer.
"cake-towel.com" will not assume any responsibility for
big delay of delivery time due to postal services, strike and in case of loss of
the Products ordered.
The risks of transportation are borne by the customer,
who must make an objection to postal services within three business days after
delivery.
However, despite the care taken by "cake-towel.com"
when preparing the package, it is possible that a product is missing. Similarly,
a product may be defective due to transport.
Therefore, on receipt of his order, the customer should
check the conformity of products received. Any anomaly concerning the delivery
(Product missing or broken, damaged package) should always be notified on the
day of receipt or not later than the first business day after receipt to our
customer service:
Wiz’ Import
27
avenue de l’opéra 75001 PARIS
contact@serviette-patisserie.com
Any claim made after this time will be rejected and
"cake-towel.com" will be released from any liability. "cake-Towel.com" reserves
the right to ask the customer to return the defective product.
If the above conditions are met, "cake-towel.com" will
then either exchange or refund the defective Product (s), or resend the
missing product(s) (Upon customer's request).
Article 6. Right of Withdrawal
The customer has a period of 7 days to return, at his
expense, the Product(s) ordered which is(are) unsatisfying. This period begins
from the date of receipt of package. Product(s) should be returned in its
(their) original packaging to the following address:
Wiz’ Import
27
avenue de l’opéra 75001 PARIS
Attention:
any request will be taken into account if you warn us in advance by mailing to:
contact@Serviette-Patissserie.com
Below are details of returns
NO REFUND IF
-
if
the items are not returned in new condition, labeled, damaged
-
if
the legal deadline of 7 days is not met for the return of the package to us
(according to the date of postmark). The period is measured from the day the
package is delivered to the day it is resent, dates provided in the post for
proof. (Available on coliposte.net with tracking number)
-
if
the item is returned without any name or address to identify the person
-
If
the above conditions are met, "cake-towel.com" will refund the customer within
thirty (30) days from the date of receipt of package by "cake-towel.com" (the
receipt date by "cake-towel.com" affirms his notification of the customer’s
exercise of right of withdrawal), the sums paid by him, with the exception of
the cost of returning the products to"cake-towel.com ", which remain the expense
of the customer.
Article 7. Data
processing and liberties
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Nominative information collection in distance selling
is required; this information is needed for processing and delivery of
orders and for the preparation of invoices. This information is strictly
confidential. Incomplete information cause an automatic rejection of the
order. |
|
|
According to the law n ° 78-17 of 6 January 1978
relating to data processing, files and liberties, the nominative
personal data processing collected on the website are declared to the
National Commission for Data Protection and Liberties (NIL). The
customer has the right of access, modification, rectification and
deletion of data. To exercise this right, the customer must send a mail
to customer service to Wiz 'Import 27 Avenue de l'Opéra 75001 PARIS. In
any case, the customer should specify his full name, address and, the
number of Purchaser if necessary
Finally, "cake-towel.com" may need to disclose
personal information to its trading partners. The customer may receive
commercial offers from third parties. About this point, it is stated
that except for refusal of the customer, his postal address may be
communicated to trading partners of "cake-towel.com”. However,
customer’s e-mail address can be provided to the website’s trading
partners only with customer’s agreement. Of course, the customer retains
the right to refuse such communication by not giving its consent during
the registration and / or validation of his order, or expressing his
subsequent refusal by mail, in accordance with paragraph above. |
Article 8. Guarantees
All products are subject to exchange or refund, except
for those specified. The exchange must take place within 7 days from the date of
receipt or withdrawal.
If the new order has a higher amount, the customer must
make a payment for the difference when making exchange request. In contrast, if
the amount of new order is lower, the customer will receive upon receipt of the
request a credit or refund by check for the difference.
Refund may also be requested within 7 days. When refund
based on full price or special offer reduced price is granted, customer will be
refunded the products’ commercial value. (The customer must provide a copy of
the invoice together with the refund request).
In all cases, any request for exchange or refund must
be made by mail to:
contact@Serviette-Patissserie.com
All items are subject to a contractual guarantee, which
does not exclude the legal guarantee provided for in Articles 1641 and following
of the Civil Code.
Article 9. Signature and proof
Any buyer of the website not holding a customer number
will have to follow a registration procedure to obtain the customer number.
This number is personal. Any loss or forgotten should be reported promptly to
Customer Service of "cake-towel.com" by completing the contact form from the
Website.
In all cases, the provision of online credit card
number and the final validation of order is a proof of the said order in
accordance with the provisions of the Act of 13 March 2000, and liability
payment of the sums incurred by the chosen Articles appearing on the order form.
This validation constitutes a signature and express
acceptance of all operations at the website.
The records stored in computer systems of Wiz 'Import
company and its partners, in a reasonable safe condition, will be considered as
proof of communications, orders and payments between the parties.
Article 10. Responsibility
"cake-towel.com" is not responsible for any trouble or
damage occurred in using the Internet, including a break of service, external
intrusion , viruses or any qualified major force, in accordance with the law.
Article 11.
Intellectual property
|
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All components of the Website, whether visual or
audio, including the underlying technology, are protected by copyright,
trademarks or patents. |
Any hyperlink to the website and using the technique of
framing or in-line linking is strictly prohibited.
In any case, any link, even tacitly authorized, should be withdrawn on demand of
"cake-towel.com”.
Hyperlinks may link to other sites. "cake-towel.com" is not responsible if the
content of these websites would contravene the laws and regulations.
Article 12. Partial disability
In the case when any clause of this contract would be
null and void by a change in legislation, regulation or court decision, this
does not in any way affect the validity and compliance with these general
conditions of sale.
Article 13.
Entirety of contract
|
These general sales conditions and the order summary
sent to the customer together form a contract, and constitute the entire
contractual relationship between the parties. In the event of conflict
between these documents, the general sales conditions prevail. |
Article 14. Duration
These conditions apply throughout all the insertion of
products on line of "cake-towel.com”.
Article 15. Major Force
"cake-towel.com" will not be responsible for partial or
whole non-performance of its obligations under this contract, if such
non-performance is caused by an event constituting major force, in particular in
case of disturbance, partial or total strike, postal services and means of
transport and / or communications, flood, fire.
Will be considered as major force majeure events
fulfilling the criteria set by the Court of Cassation.
In the presence of an event constituting major force,
"cake-towel.com" will notify the customer / buyer within 7 days following the
occurrence or threat of this event.
The Parties agree that they should discuss as soon as
possible to determine the modalities of execution of the order during the period
of major force.
Beyond a period of one (1) month suspension due to
major force , "cake-towel.com" could not honor the order, and refund the
customer if necessary.
Article 16. Applicable law and jurisdiction
These conditions are subject to French law.
The grant of jurisdiction in case of dispute, and
failing agreement between the parties, is given to the competent courts of
PARIS, despite multiple defendants and / or call in guarantee.