GENERAL TERMS AND CONDITIONS - CONSUMERS
ARTICLE 1 – SCOPE
These General Terms and Conditions (CTC) codify the rights and obligations of the Parties in the context of the sales made via TRICOTEZ-MOI website (https://www.tricotez-moi.com/fr/). They regulate all the steps necessary for the placing and follow-up of orders made by the private Customers.
TRICOTEZ-MOI (« THE SELLER »), trade name of the SAS CREATIVE GENIUS; with a capital of 151,200 euros, whose registered office is located at 7 Rue de Saint Hubert, 02600, Vivières, registered in the Trade and Companies Register of Soissons under number 833 021 991 00017.
The company TRICOTEZ-MOI reserves the right to adapt or modify these present General Terms and Conditions when necessary. These potential modifications are opposable as from their uploading, November the 15th of 2021.
These General Terms and Conditions apply to the exclusion of all other conditions.
ARTICLE 2 – PRODUCTS DETAILS
In accordance with Article L 111-1 of the French Consumer Code, the CUSTOMER may, prior to placing an order, read the essential characteristics of the products on the site (colors, composition, price, description, size). These characteristics appear in support of the photograph available on the site. Nevertheless, differences in color may be observed between the photo rendering and the product delivered, particularly due to the alteration that the photographs undergo when they are displayed on the Customer's screen, depending on its calibration.
ARTICLE 3 - PRICE
For all countries of the European Union, the prices are indicated in euros including all taxes (TCC). The VAT applied is 20% for all products including shipping costs, except for books, which benefit from a reduced VAT rate of 5.5%. The PRODUCTS are invoiced at the rate in effect at the time the order is placed.
Regarding sales to European Union based Customers, TRICOTEZ-MOI may, depending on whether the distance selling threshold is exceeded, charge VAT at the rate of the Customer's country.
VAT does not apply to users of the site residing outside the European Union and only to companies that have an intra-community VAT number.
For new books, printed or digital, the Lang Law 81-766 of August 10, 1981 provides that the price is unique and fixed by the publisher or importer and has a reduced VAT rate of 5.5%.
For all shipments outside the European Union and Overseas Departments and Territories, TRICOTEZ-MOI is responsible for the customs formalities. It is, then, up to the Customer to pay any customs duties and any other tax related to the import based on documents provided by us.
TRICOTEZ-MOI reserves the right to adapt its prices at any time. The price shown on the invoice is the one in effect at the time the order is registered.
ARTICLE 4 – AVAILABILITY OF THE PRODUCTS
The products sold on the website are valid while stocks last, and supply is available. The availability of products is regularly updated on the site.
In case of temporary stock shortage of a PRODUCT after the order has been placed by the Customer, TRICOTEZ-MOI is committed to contacting the Customer by email and telephone within 24 hours, excluding weekends, to inform the Customer of the time frame in which the product could be delivered.
ARTICLE 5 – ORDER PROCESS AND RESELLER ACCOUNT CREATION
Any validation of order implies having read and accepted the General Terms and Conditions.
To ensure the selected color, the Customer can order up to three (3) yarn samples before placing an order. The sample is free of charge; however, a fixed fee is requested from the Customer.
Orders for PRODUCTS are placed through the website in the following manner:
The CUSTOMER :
- Goes to the website;
- Selects his Products and adds them to the basket;
- Clicks on the "order" button;
- The Customer accesses the "personal information" tab
o If the Customer already has a Customer account at the time of the order, he will be invited to log in to finalize the order;
o On the other hand, if the Customer does not have a Customer account, the Customer will be invited to create one by entering his title, first name, last name, e-mail address and he will create a personal password to access his Customer account. Thereafter, the Customer will be asked to check a box allowing him to receive by e-mail information on the functioning of his account, notifications on the delivery of his orders, information on promotions, and the new collections of Tricotez-Moi in preview;
o The Customer also has the possibility to order a Product via a "guest account", which only requires an email.
- Validates the entry of the personal data;
- Enter his billing or delivery address;
- Fill in his payment method and check the box "I have read the general terms and conditions and I accept them without reservation" and pay the order.
- Switches to TRICOTEZ-MOI’s partner bank payment site and carries out the payment.
TRICOTEZ-MOI offers, when necessary, the possibility to complete an order based on a phone call from a private Customer. Once the order has been placed, TRICOTEZ-MOI communicates to the Customer the amount to be paid by check or send a link by email to the Customer so that the Customer can pay the amount directly on the payment platform.
The Customer keeps the possibility to modify his order if it has not been shipped. However, in case of modification, the Customer will have either, to make a complementary order, or will be given a credit note from TRICOTEZ-MOI.
The data recorded and validated at the time of the order (in particular the delivery address, the quantities, the chosen customizations as well as the measurements recorded in the table of measurements) constitute the proof of the entire transaction between the CUSTOMER and TRICOTEZ-MOI.
ARTICLE 5.1 – LOYALTY PROGRAM
Any order placed on TRICOTEZ-MOI website from the Customer's account allows the Customer to accumulate loyalty points. The Customer accumulates 108 points for every euro spent on the TRICOTEZ-MOI website. The accumulation of these points is then converted into a sum of money which can be deducted in full or in part from a future order placed on the TRICOTEZ-MOI website.
Loyalty point cannot be spent on shipping costs.
ARTICLE 6 – PAYMENT TERMS
The payment of the order can be made by check when the Customer is domiciled in France, by bank transfer with no minimum to reach, by online payment via the secure solution SP PLUS of the Caisse d'Épargne, certified PCI-DSS, which uses the 3D Secure protocol, or via the PayPal solution. CB, VISA, MASTERCARD cards are accepted as payment methods on the website.
Several currencies are possible: Euro, Swiss Franc, Pound, US Dollar, Canadian Dollar, Norwegian and Danish Kroner.
Information relating to the Customer's bank details are processed directly by the Caisse d'Épargne platform or by PayPal. All transmitted data are encrypted by SSL (Secure Socket Layer) technology, which ensures their security on the Internet.
Concerning payment by check, these must be made payable to TRICOTEZ-MOI and sent to the following address: 1, Impasse du Chênois, 02600 Villers-Cotterêts. The Customer's bank must be domiciled in France.
Transfers are allowed regardless of the amount.
Using the services of PayPal implies to open a PayPal account and to comply with all the general conditions stipulated on the site of the online bank. The payment of an order via PayPal offers the possibility to the Customer to pay the sum due in four (4) times without expenses.
ARTICLE 7 – COMMERCIAL DOCUMENTATION RECORD
In accordance with Article L123-22 of the French Commercial Code, documents such as customer invoices and contracts concluded by electronic means when exceeding a sum equal to or greater than one hundred and twenty (120) euros, must be kept for ten (10) years from the date of delivery or service.
ARTICLE 8 - DELIVERY
Due to the European rules concerning the prohibition of geo-blocking (REGULATION (EU) 2018/302), non-professional Customers based in European Union Member States are entitled to order on TRICOTEZ-MOI website.
PRODUCTS are shipped every working weekday, from Monday to Friday. Except in special circumstances or unavailability of one or more Products, TRICOTEZ-MOI commits to deliver the ordered Products in one go.
The ordered products are shipped to the address provided by the Customer during registration on the website. TRICOTEZ-MOI is not responsible for undelivered products as long as proof of shipment can be provided. The risk of the carrier is borne by the Customer.
- In Metropolitan France: the delivery time is about 2-3 days;
- For the other countries of the European Union including Switzerland: the delivery time is 3-4 days;
- For deliveries outside of France and the European Union: the delivery time is 8 to 12 days for the United States and Canada;
- 10 to 15 days for deliveries in Asia and Africa.
Insofar as a hazard may occur at any time during delivery, these deadlines may be extended. The Seller nevertheless undertakes to inform the Buyer if this should occur.
Shipments are conditioned by the full payment of the invoice and are made on working days. These are processed as and when the order is received.
Deliveries are made by the postal service. In case of incident of delivery due to an input error on the delivery address of the Customer, TRICOTEZ-MOI is not held responsible.
All postal shipments are assigned a tracking number. Once the order is processed, this number is sent by email with the link to track the package in real time.
Orders placed before 12:00 p.m. CET are shipped the same day. However, a surplus of orders may delay the shipping of the order.
ARTICLE 8.1 – RECEIPT – NON-COMPLIANCE
In case of detection, by the receiving Customer, of an apparent non-conformity in the order at reception of the Products:
- In France: the Customer must express his precise and motivated reservations at the very moment of reception, on the shipping bill, and has three (3) days to communicate his justified claim to TRICOTEZ-MOI by phone call, by email or directly via the contact form of the TRICOTEZ-MOI website. The latter must be accompanied by a photograph clearly illustrating the defect on the Product;
- Outside France: the Customer must express his precise and motivated reservations at the time of reception on the shipping bill and has seven (7) days to communicate his justified claim to TRICOTEZ-MOI by phone, by e-mail or directly via the contact form on the TRICOTEZ-MOI website. The latter must be accompanied by a photograph clearly illustrating the defect on the Product.
In case of detection, by the receiving Customer, of an apparent non-conformity in the order at reception of the Products:
- In France: the Customer must express his reservations within three (3) days following the reception of the order to communicate his justified claim to TRICOTEZ-MOI by phone call, by email or directly via the contact form of the TRICOTEZ-MOI website. The latter must be accompanied by a photograph clearly illustrating the defect on the Product;
- The Customer must express his reservations within seven (7) days to communicate his justified claim to TRICOTEZ-MOI by phone call, by email or directly via the contact form of the TRICOTEZ-MOI website. The latter must be accompanied by a photograph clearly illustrating the defect on the Product.
Returns of new Products are at the expense of Tricotez-Moi.
ARTICLE 9 – YARN RETURN TERMS
In the case the Customer wishes to return yarn because the color is not suitable, TRICOTEZ-MOI reserves the right to verify that the PRODUCT has not been used, notably by weighing it.
Moreover, the CUSTOMER must return the PRODUCT in the condition in which he received it and, for this purpose, may use its original packaging to send it back.
TRICOTEZ-MOI does not pay for the return slip to the Customer. The postal address to which the Customer can return the product is: 1, Impasse du Chênois, Villers-Cotterêts, 02600.
However, in case of error on the part of TRICOTEZ-MOI in the preparation of the order, the return form will be provided to the Customer.
ARTICLE 10 – TRANSFER OF RISK
The transfer of risk, loss and deterioration shall only be effective when the Customer takes physical possession of the Products. The Seller shall bear the risks of transport and shall be liable to reimburse the Customer in case of damage caused during transport.
The seller cannot be held responsible for loss or damage if the customer has not signed the delivery note.
ARTICLE 11 – RIGHT OF WITHDRAWAL
Pursuant to Article L 221-18 of the French Consumer Code, any CUSTOMER may exercise his right of withdrawal in accordance with the legal provisions in force. This right must be exercised within fourteen (14) clear days from the date of shipment of the order.
To do so, it is sufficient to send an e-mail or a letter to assert its rights and to return the products in perfect condition in their original packaging. Damaged, soiled or incomplete products are not accepted. The return costs are at the expense of the Customer.
The payment of a credit note applies only to the price of the products and the costs of processing the order and shipping. The full refund shall be made, without undue delay and within fourteen (14) days from the date on which the Customer informed the Seller of his withdrawal.
The refund is made by the same means of payment used by the Customer for his first purchase unless the Customer expressly agrees to be refunded by another means. Thus, the Customer also has the possibility to receive a credit note directly on his Customer account.
Cultural products, such as books, patterns, and custom-made products, are not subject to the right of withdrawal in accordance with paragraph 3 of Article L. 221-28 of the Consumer Code:
"The right of withdrawal may not be exercised for contracts:
3° The supply of goods made to the consumer's specifications or clearly personalized;"
ARTICLE 11.1 – CREDIT NOTE
TRICOTEZ-MOI, after verification of the apparent condition of the returned PRODUCT, will credit the Customer's account with a credit equivalent to the amount initially spent. This amount includes the price of the Product(s) purchased and the shipping costs. Credit notes are valid for 12 months.
The credit is valid until the end of the current year; however, the CUSTOMER can renew the credit if he expressly requests it from TRICOTEZ-MOI.
When the Customer places a new order, the credit available on his account will be automatically deducted at the time of the order.
ARTICLE 12 – FORCE MAJEURE
The responsibility of the Seller cannot be held if the non-execution or the delay in the execution of any of their obligations, such as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code. In particular, strikes affecting road transport, bad weather, a pandemic, shortages of raw materials that would cancel or delay the delivery of the order.
Therefore, the SELLER shall immediately inform the Customer of his inability to perform its obligations and shall justify this to the Customer. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor shall it result in the payment of damages or penalties for delay.
The performance of the obligation is suspended for the duration of the force majeure if it is temporary.
Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the Seller shall do whatever is necessary to resume normal performance of its contractual obligations as soon as possible. To this end, the impeded Seller shall notify the other of the resumption of its obligation by registered letter with acknowledgement of receipt or any extrajudicial act.
ARTICLE 13 - APPLICABLE LAW AND LITIGATIONS
The present General Terms and Conditions are subject to French law.
In case of litigation relating to the interpretation and execution of the General Terms and Conditions, the Customer shall first contact the Seller to find an amicable settlement within 30 days. To this end, TRICOTEZ-MOI provides a service for Customers that can be reached by e-mail at the following address: email@example.com
In the absence of an amicable agreement with the company TRICOTEZ-MOI, the Customer may submit the dispute to a mediator (in accordance with Article L 612-1 of the Consumer Code), who will attempt to bring the parties together to reach an amicable solution. To do so, the Customer shall contact the Paris Mediation and Arbitration Centre, by filling in the dedicated form online or at the following e-mail address: firstname.lastname@example.org. The parties to the contract remain free to accept or refuse the recourse to mediation as well as, in case of return to mediation, to accept or refuse the solution proposed by the mediator.
If the Customer is based in the European Union, he may also file a claim on the online dispute resolution platform set up by the European Commission, accessible at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.complaints.screeningphase
In the absence of amicable resolution, all disputes arising from the interpretation or execution of these Terms and Conditions of Sale will be under the exclusive jurisdiction of the competent courts under the conditions of common law.
ARTICLE 14 – INTELLECTUAL PROPERTY
All texts, still images and videos (image and sound) presented on the site TRICOTEZ-MOI are under copyright and intellectual property for the world. They are reserved exclusively for private use. Any total or even partial reproduction of the site and all the knitting patterns is strictly forbidden without specific prior agreement. In this case, the mention ©TRICOTEZ-MOI must obligatorily be carried.
ARTICLE 15 – PERSONAL DATA
All users of the site acknowledge that they are aware of their rights and accept the General Terms and Conditions. In addition, by providing personal data, he agrees:
• That they are used for the sole purpose of processing their requests, orders, sending information related to the products presented on the site and access to the videos;
• That they may be kept in computer memory;
• That they may be used for sending newsletters.
Personal information is used for the proper management of orders. If necessary, they can be transmitted to any company in charge of managing the orders, such as La Poste
In accordance with the French law "Informatique et liberté" of January 6, 1978, modified in 2004 and 2016, the user of the site has the right to access and rectify information concerning him/her, which he/she can exercise by sending a letter with his/her account references to the address of the operating company.
ARTICLE 15.1 – PERSONAL DATA SECURITY
The Seller undertakes not to disclose to any other company the personal data collected during the registration of its Customers. The only purpose of the personal data collected is to enable the completion and management of the order and delivery.
The Customer may at any time access and change the information concerning him/her in the Customer area under the tab "my account".
The personal data collected from the Customers are subject to computer processing by the Seller. They are recorded in its Customer software and are essential to the processing of the order. This information and personal data are also kept for security purposes for a period of five (5) years from the last interaction with the Customer, to comply with legal and regulatory obligations. It will be kept if necessary, for the execution of orders and any applicable guarantees.
COMPLIANCE GUARANTEE – LATENT DEFECT LEGAL GUARANTEE
The Products supplied by TRICOTEZ-MOI benefit by right and without additional payment, in accordance with the legal provisions contained in the Consumer Code and the Civil Code, of the compliance guarantee (article L. 217-5 of the Consumer Code), for the Products apparently unsuitable for consumption or not corresponding to the order and of the legal guarantee against the latent defects (articles 1641 to 1649 of the Civil Code) coming from a defect of material, design or manufacture affecting the Products delivered and making them unsuitable for the use under the conditions and according to the modalities aimed at below.
It is recalled that under the compliance guarantee, the CUSTOMER:
• has a period of two years (art. 1648 of the Civil Code) from the delivery of the goods to act against the SELLER;
• may choose between repair or replacement of the Product ordered, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code.
• - is exempted from proving the existence of the lack of conformity of the Product during the twenty-four (24) months following the delivery of the Product.
It is recalled that under the legal guarantee against latent defects, the CUSTOMER:
• can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code;
• has a period of two (2) years from the discovery of the hidden defect within a maximum period of five (5) years;
• the burden of proof rests on the Customer, who must therefore demonstrate the existence and the consistency of the defect.
The Customer shall benefit from these rights provided that the Customer has complied with the recommendations for use and maintenance of the unprocessed Products.
To assert its rights, the CUSTOMER shall inform the Seller, in writing, of the non-conformity of the Products within the above-mentioned time limits and return the defective Products in the original packaging.
However, the Customer, if he decides to avail himself of his rights, accepts the fact that he may not receive a new product with the same dye bath as the returned product.
Article L217-4 of the Consumer Code
The Seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. The Seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions, or the installation when the latter has been put at its charge by the contract or has been carried out under its responsibility.
Article L217-5 of the Consumer Code
To conform to the contract, the property must:
- Be fit for the purpose usually expected of similar goods and, where applicable:
o correspond to the description given by the Seller and possess the qualities that the Seller has presented to the buyer in the form of a sample or model
o have the qualities that a buyer may legitimately expect in view of the public statements made by the Seller, the producer or his representative, particularly in advertising or labelling
- Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the Seller and accepted by the latter.
Article L217-12 of the Consumer Code
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article L217-16 of the Consumer Code
When the purchaser asks the Seller, during the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the duration of the warranty which remained to run. This period shall run from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this is after the request for intervention.
Article 1641 of the Civil Code
The Seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it or would have given only a lesser price for it if he had known of them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
GENERAL TERMS AND CONDITIONS - CONSUMERS