General Terms and Conditions of Sale

Last updated: March 30, 2020

Article 1 – LEGAL NOTICES

This website, accessible at the URL leslubiesdecadia-shop.com (the « Site »), is published by Cadia Mangané, a sole proprietorship with its registered office at 59 rue de la Chine, 75020, registered under number 828 188 797 00017

(Hereinafter referred to as the « Operator »).

Our site is hosted by Shopify, located at 150 Elgin Street - Suite 800 - Ottawa, Ontario K2P 1L4 - Canada (phone: 1-613-241-2828).

The Operator can be reached at the following email address: leslubiesdecadia@gmail.com. They can also be reached at the following postal address: Les Lubies de Cadia - Cadia Mangané - 59 rue de la Chine - 75020 Paris.

Article 2 – GENERAL PROVISIONS REGARDING THESE GENERAL TERMS AND CONDITIONS

The General Terms and Conditions of Sale (the « General Terms and Conditions of Sale », or the « GTC ») apply exclusively to the online sale of products offered by the Operator on the Website.

Our General Terms and Conditions of Sale are readily available for customers to view directly on the Website, and we're also happy to provide them upon request through any preferred channel.

The General Terms and Conditions of Sale are binding on the client, who acknowledges having read and accepted them before placing an order. Order confirmation by the buyer signifies acceptance of the General Terms and Conditions of Sale in force on the day of the order, which are stored and reproduced by the Operator.

Article 3 – PRODUCT DESCRIPTION

The Site is an online store for sewing patterns, fabrics, and haberdashery items (hereinafter referred to as the « Product(s)») open to any natural person using the Site (the « Customer »).

Each Product displayed on the Site has a description (provided by the supplier or accessible on the manufacturer's website via a link on the Site) detailing its essential characteristics. The photographs illustrating the products, where applicable, are not contractual documents. The Product's user manual, if it's an essential component, is available on the Site or will be sent at the latest upon delivery. The Products comply with current French legal requirements.

You remain responsible for how you access the Site, especially via the Internet, and any consequences that arise. This access might involve fees from technical providers, like your Internet service provider, which you'll be responsible for. Plus, you'll need to provide and be fully responsible for all the equipment required to connect to the Site.

You acknowledge that you've verified your computer setup is secure and fully functional.

Article 4 – CREATING YOUR CUSTOMER ACCOUNT

To place an order on the Site, you'll first need to create your personal customer account. Once that's done, to log in, you'll use your secret, personal, and confidential username and password. It's up to you not to share your username and password, as per the PERSONAL DATA section of these General Terms and Conditions. Every customer agrees to keep their data strictly confidential, especially their username and password, which allow access to their customer account. You acknowledge that you are solely responsible for accessing the Service using your username and password, unless there's proven fraud. You also agree to promptly inform the Operator if your username and/or password are lost, misused, or fraudulently used.

Once you've set up your personal customer account, you'll receive an email confirming its creation.

When you register, you agree to:

provide real, accurate, and up-to-date information when entering it into the service's registration form, and specifically not to use false names or addresses, or names or addresses without proper authorization.
to keep registration data current, ensuring it's always real, accurate, and up-to-date.

You also agree not to make available or distribute any illicit or objectionable information (like defamatory content or identity theft) or harmful content (such as viruses). If you do, the Operator reserves the right to suspend or terminate your access to the Site, and it will be solely your fault.

Article 5 – ORDERS

The Operator strives to ensure optimal availability of its Products. Product offers are valid while supplies last.

Should a Product become unavailable after you've placed your order, despite our best efforts, we'll let you know via email as soon as possible. You'll then have the choice between:

the delivery of a Product of equivalent quality and price to the one initially ordered, or

the refund of the price of the ordered Product no later than thirty (30) days from the payment of the amounts already paid.

It's agreed that, beyond refunding the price of an unavailable Product (if the Client requests this option), the Operator isn't responsible for any cancellation compensation, unless the contract's non-fulfillment is directly their fault.

Unless otherwise stated in these General Terms and Conditions, and without affecting your right of withdrawal as per applicable law, all customer orders are considered final.

When you're ready to place an order, simply select your desired products and add them to your cart. You'll have the chance to review your order details and total price, and even go back to previous pages to tweak your cart's contents before finalizing your purchase.

You agree to read the current General Terms and Conditions of Sale before accepting them and confirming the terms, including any delivery and withdrawal fees, prior to paying for your order. Confirming your order signifies your acceptance of the GTC and forms the contract.

You'll get an email confirmation with all the contractual details for your order, including your order number. We highly recommend printing or saving this confirmation somewhere safe and secure as proof of purchase.

Any email sent to the Client regarding an order will be sent to the email address the Client uses to log into their client area.

The Operator reserves the right to decline the Customer's order for any legitimate reason, especially if:

If you fail to comply with the General Terms and Conditions valid at the time of your order;
The Customer's order history shows that amounts are still owed from previous orders;
One of the Customer's previous orders is involved in an ongoing dispute.

The Operator archives product sales contracts in accordance with applicable legislation. By submitting a request to the following address leslubiesdecadia@gmail.com, the Operator will provide the Client with a copy of the requested contract.

Any order modification by the Client after confirming their order is subject to the Operator's approval.

The details you provide when placing an order (like your name and delivery address) are your responsibility. So, we can't be held accountable if any errors you make during the ordering process lead to a delayed or failed delivery.

You declare that you have the full legal capacity to enter into these General Terms and Conditions.

Registration is open to legally capable adults and minors, provided that minors are under the supervision of a parent or guardian with parental authority. Under no circumstances is registration permitted on behalf of third parties unless validly authorized to represent them (e.g., a legal entity). Registration is strictly personal to each Client.

If you, as the Client, don't stick to any of these terms, the Operator has the right to close your account without warning.

Article 6 – PAYMENT METHODS AND SECURITY

You expressly acknowledge that any order placed on the Site is a binding order requiring payment for the product you've ordered.

In any event, the Operator reserves the right to verify payment validity by any necessary means before shipping your order.

Orders can be paid using one of the following payment methods:

Payment by credit card. Payments are processed directly on the Operator's bank's secure servers, ensuring your bank details are never transmitted via the Site. All bank details provided during payment are protected by SSL (Secure Socket Layer) encryption. This means your information is completely secure and inaccessible to third parties.

Your order is registered and confirmed as soon as the bank approves your payment.

Your account will only be debited for the corresponding amount once (i) the credit card details you've used have been verified and (ii) the debit has been approved by your card's issuing bank.

The inability to debit the amounts due will immediately void the sale.

Your bank card might be declined if it's expired, if you've hit your spending limit, or if the details you entered are incorrect.

Payment via e-wallet (e.g., PayPal). If you already have an account with the e-wallet provider used by the Operator, you can use it to securely pay for your order without sharing your bank details.

Your validated order will only be considered effective once the secure bank payment center has approved the transaction.

As part of our verification procedures, the Operator may need to request all necessary documents from the Client to finalize their order. These documents will not be used for any other purpose.

Article 7 – PRICE PAYMENT

The price of the Products applicable at the time of order is displayed in euros, inclusive of all taxes (TTC), excluding delivery and shipping costs. In case of a promotion, the Operator commits to applying the promotional price to any order placed during the promotional advertising period.

The price is payable exclusively in euros (€). The full price is due upon order confirmation. The prices offered include any discounts and rebates that the Operator may grant.

If any shipping or delivery fees are applicable, they'll be added to the Product price and clearly shown before you finalize your order. You'll see the total amount due and its breakdown on the order confirmation page.

Article 8 – CONTRACT FORMATION

The contract between us (the Operator) and you (the Client) is formed as soon as you send your order confirmation.

The Client's attention is particularly drawn to the method of accepting orders placed on the Site. When placing an order, the Client must confirm it using the 'double-click' technique. This means that after selecting Products and adding them to the cart, the Client must review and, if necessary, correct the contents of their cart (identification, quantity of selected products, price, delivery methods, and costs) before validating it. Then, they provide their address (for billing and potentially delivery), and finally, they enter their banking details and acknowledge accepting these General Terms and Conditions before clicking on the 'Pay now' button. The 'double-click' acts as an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the order by the Client.

The Operator ensures the archiving of communications, purchase orders, and invoices on a reliable and durable medium, creating a faithful and lasting copy. These communications, purchase orders, and invoices can be presented as proof of contract. Unless proven otherwise, data recorded by the Operator via the Internet or telephone serves as proof of all transactions between the Operator and its Clients.

You can cancel your order by registered letter with acknowledgment of receipt or by written notice on another durable medium in case of:

delivery of a Product not conforming to the declared characteristics of the Product;
delivery exceeding the deadline set in the purchase order or, failing such a date, within thirty (30) days following the conclusion of the contract, after the Operator has been instructed, under the same conditions and without success, to make the delivery within a reasonable additional period;
a price increase not justified by a technical modification of the product imposed by public authorities.

In all these cases, the Client can request a refund of the deposit paid, plus interest calculated at the legal rate from the date the deposit was received.

The Operator can cancel the order if:

buyer's refusal to take delivery;
non-payment of the price (or the balance of the price) at the time of delivery.

Article 9 – RETENTION OF TITLE

The Operator remains the exclusive owner of Products ordered on the Site until full payment of the price, including any shipping costs, has been received.

Article 10 – SHIPPING AND DELIVERY

For purchasing PDF patterns:

After your order is paid, you'll receive a download link via the email you provided to access your product(s). You can also download them directly from your Customer area.

For physical products:

The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in an EU member country, and for deliveries within these same geographical areas.

Delivery means the transfer of physical possession or control of the Product to the Customer.

The Operator offers you different delivery methods depending on the nature of your order: Tracked Letter or Colissimo.

Shipping costs are those specified during order finalization and are accepted upon order confirmation.

The Operator commits, in line with the delivery deadline specified on the Site for each Product, to deliver the Products within a maximum of thirty (30) days after receiving the order.

Once you've placed your order, expect delivery within 2 to 7 business days. This timeframe covers everything from preparing and shipping your order to the carrier's transit time.

The Operator commits to shipping the Products, provided the order payment hasn't been declined beforehand.

However, if any products can't be delivered within the original timeframe, we'll shoot you an email with the new delivery date.

Your products will be delivered to the address you provided when placing your order. So, it's up to you to double-check that the address is correct. The operator can't be held responsible if an incorrect address on your part prevents or delays delivery.

You might be asked to sign for your delivery upon arrival.

Just a heads up, we don't ship to PO boxes.

When your order arrives, please make sure the products match what you ordered and that the package is sealed and undamaged. If anything's amiss, you absolutely need to note it on the delivery slip. We can't accept any claims about product quantity or condition unless it's clearly marked on that delivery note.

Article 11 – RIGHT OF WITHDRAWAL

If you're not completely satisfied with a Product you've received, you can return it to us. You'll have fourteen (14) days from the order receipt date to do so.

In accordance with Article L.221-21 of the Consumer Code, and to exercise your right of withdrawal as per Articles L. 221-18 et seq. of the Consumer Code, please fill out the standard withdrawal form by clicking this link. You'll then need to send it via email or post to the address provided on the form.

The Operator will send an email acknowledging receipt of the Client's withdrawal request.

If applicable, you can exercise your right of withdrawal by providing the Operator with the following information:

name, geographical address, phone number, and email address;
a decision to withdraw by means of an unambiguous declaration (for example, a letter sent by post, fax, or email, provided these contact details are available and thus appear on the standard withdrawal form). The Customer can use the model withdrawal form, but it's not mandatory.

Return shipping costs are borne by the Client, unless the item cannot be normally returned by post, in which case the Operator will collect the Product at their own expense.

The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused, and with all potential accessories.

Besides the returned Product, the return package must also include a letter detailing the customer's full contact information (name, first name, address), the order number, and the original purchase invoice.

The Operator will refund the Client the amount of the Product within fourteen (14) days from the receipt of the Product and all necessary elements for processing the Client's refund. This refund may be processed using the same payment method as the Client's original payment. Accordingly, Clients who paid for their order using credit notes / gift vouchers may be refunded with credit notes / gift vouchers at the Operator's discretion.

Special case for PDF patterns:

The right of withdrawal cannot be exercised, in accordance with Article L.221-28 of the Consumer Code, for digital content not supplied on a tangible medium where performance has begun after your express prior consent.

Special case for signed books:

The right of withdrawal will not apply to any purchase of a signed book, given that it is personalized for the customer and cannot be resold afterwards. Only returns for damage or defects will be allowed.

When you accept these General Terms and Conditions of Sale, you're explicitly acknowledging that you've been informed about the withdrawal process.

Article 12 – CUSTOMER SERVICE

You can reach the Operator by emailing leslubiesdecadia@gmail.com . Just make sure to include your name, the subject of your inquiry, and the relevant order number.

Article 13 – INTELLECTUAL PROPERTY AND WEBSITE USE LICENSE

The Operator is the sole owner of all elements present on the Site, including but not limited to, all texts, files, animated or non-animated images, photographs, videos, logos, designs, models, software, trademarks, visual identity, databases, Site structure, and all other intellectual property elements and other data or information (hereinafter, the « Elements ») which are protected by French and international laws and regulations, particularly those relating to intellectual property.

So, you can't modify, reproduce, copy, duplicate, sell, resell, transmit, publish, communicate, distribute, broadcast, represent, store, use, rent, or exploit any part of the Site's content in any other way, whether for free or for a fee, by you or anyone else. This applies no matter what tools or platforms are used, even if they're new or unknown today. You'll need the Operator's specific, written permission for each instance. And just so you know, you're solely responsible for any unauthorized use or exploitation.

The Operator reserves the right to pursue all legal remedies against individuals who fail to comply with the prohibitions outlined in this article.

ARTICLE 14 – LIABILITY AND WARRANTY

The Operator cannot be held responsible for the non-performance of the contract due to the Client's actions, an event deemed force majeure by competent courts, or an unforeseeable and insurmountable act by any third party to these terms.

You acknowledge that due to the inherent nature and limitations of the Internet, we can't guarantee the security, availability, or integrity of data transmissions. Therefore, the Operator doesn't guarantee that the Site and its services will operate without interruptions or errors. Specifically, operations might be temporarily paused for maintenance, updates, technical enhancements, or to evolve the content and/or presentation.

The Operator cannot be held responsible for any use of the Site and its services by Clients that violates these General Terms and Conditions, nor for any direct or indirect damages this use might cause to a Client or a third party. Specifically, the Operator is not liable for false statements made by a Client or for their conduct towards third parties. Should the Operator's liability be sought due to such behavior by one of its Clients, the Client agrees to indemnify the Operator against any judgment rendered against them and to reimburse the Operator for all expenses, including legal fees, incurred for their defense.

Even if there's an extra contractual warranty (a commercial warranty) offered, our Products are still covered by the legal guarantee of conformity, as laid out in Articles L. 217-4 and subsequent articles of the Consumer Code (specifically L. 217-4 to L. 217-14), and also by the guarantee against hidden defects, as per Articles 1641 to 1649 of the Civil Code.

When you're operating under the legal guarantee of conformity:

you have a two (2) year period from the delivery of the goods to take action:
you can choose between repairing or replacing the goods, subject to the cost conditions stipulated in article L. 217-9 of the Consumer Code;
you are exempt from providing proof of the non-conformity of the goods during the twenty-four (24) months following their delivery (except for second-hand goods).

You can choose to invoke the warranty against hidden defects of the sold item as per article 1641 of the Civil Code. In this case, you can choose between rescinding the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.

Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the Consumer Code, of articles 1641, 1644 and the first paragraph of article 1648 of the Civil Code, as in force on the date of these General Terms and Conditions of Sale:

Art. L.217-4 of the Consumer Code:

« The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was undertaken by the seller under the contract or carried out under their responsibility. »

Art. L.217-5 of the Consumer Code:

« The goods conform to the contract: »

1. If it is fit for the use ordinarily expected of similar goods and, where applicable:

- if it aligns with the seller's description and has the qualities demonstrated to the buyer via a sample or model;

- if it offers the qualities a buyer can reasonably expect, taking into account public statements made by the seller, manufacturer, or their representative, especially in advertising or on the label;

2° Alternatively, if it meets the specifications mutually agreed upon by the parties, or is suitable for any specific use the buyer is looking for, provided the seller was informed and agreed to it.

Art. L.217-7 of the Consumer Code:

« Any lack of conformity that becomes apparent within twenty-four months from the delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise. »

For pre-owned items, this timeframe is set at six months.

The seller can, however, challenge this presumption if it's not consistent with the nature of the product or the specific defect of conformity being claimed.

Art. L.217-9 of the Consumer Code:

« In the event of a lack of conformity, the buyer chooses between the repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if that choice entails a cost that is clearly disproportionate compared to the other option, taking into account the value of the goods or the significance of the defect. The seller is then obliged to proceed, unless impossible, according to the option not chosen by the buyer. »

Art. L.217-12 of the Consumer Code:

« The action resulting from a lack of conformity is time-barred after two years from the delivery of the goods. »

Art. 1641 of the Civil Code:

« The seller is liable for latent defects in the sold item which render it unfit for its intended use, or which diminish that use to such an extent that the buyer would not have acquired it, or would have paid a lower price for it, had they known about them. »

Art. 1644 of the Civil Code:

« In the case of articles 1641 and 1643, the buyer has the option to rescind the sale and recover the price, or to retain the item and be granted a partial refund. »

Art. 1648, paragraph 1, of the Civil Code:

« The action arising from redhibitory defects must be brought by the buyer within a period of two years from the discovery of the defect. »

Just a reminder that seeking friendly resolutions before any potential legal action doesn't pause the time limits for legal warranties or the duration of any contractual warranty.

ARTICLE 15 – PERSONAL DATA

For more details on how the Operator uses personal data, please take a moment to read our Privacy Policy (the « Policy »). You can always find this Policy right here on the Site.

Article 16 – HYPERLINKS

The hyperlinks you find on our site might take you to third-party websites that we don't operate. We provide these links purely for your convenience, to help you access other resources online. Just so you know, if you click on these links, you'll be leaving our site and agreeing to use those third-party sites at your own risk, or according to their specific terms and conditions.

You acknowledge that the Operator neither controls nor contributes to the creation of the terms of use or content found on these third-party sites.

Because of this, the Operator can't be held responsible for anything related to these hyperlinks.

Also, you, as the Client, understand that the Operator can't endorse, guarantee, or take responsibility for any part of the terms or content on those third-party sites.

Just a heads-up, our site might also feature promotional hyperlinks or ad banners that link to third-party sites not managed by us.

The Operator asks the Client to report any hyperlink on the Site that leads to a third-party site offering content contrary to laws and/or public morals.

You cannot use or insert any hyperlinks pointing to the site without the Operator's prior written agreement, granted on a case-by-case basis.

ARTICLE 17 – REFERENCES

You authorize the Operator to use your name and logo as a reference in their communication materials (brochures, website, commercial proposals, press relations, press releases, press kits, internal communications, etc.).

ARTICLE 18 – GENERAL PROVISIONS

ENTIRE AGREEMENT OF THE PARTIES

These General Terms and Conditions constitute a contract governing the relationship between the Client and the Operator. They represent the entirety of the rights and obligations of the Company and the Operator relating to their purpose. If one or more provisions of these General Terms and Conditions were declared void pursuant to a law, regulation, or a final decision by a competent court, the other provisions will remain in full force and effect. Furthermore, the fact that one of the parties to these General Terms and Conditions does not assert a breach by the other party of any of the provisions of these General Terms and Conditions cannot be interpreted as a waiver on its part to assert such a breach in the future.

CHANGES TO TERMS AND CONDITIONS

The Operator reserves the right to modify the content of the Site or its available services at any time and without prior notice, and/or to temporarily or permanently cease operating all or part of the Site.

The Operator also has the right to change where the Site is located online, and to update these General Terms, at any time without telling you beforehand. So, you should always check these General Terms before using the Site.

You acknowledge that the Operator cannot be held liable to you or any third party for any such modifications, suspensions, or terminations.

The Operator advises the Client to save and/or print these General Terms and Conditions for secure and lasting safekeeping, so they can be referred to at any time during the contract's execution if necessary.

CLAIM

If there's a dispute, please contact the company's customer service first at: leslubiesdecadia@gmail.com

Applicable Law

These General Terms and Conditions are governed, interpreted, and applied in accordance with French law.

ACCEPTANCE OF GENERAL TERMS AND CONDITIONS BY THE CUSTOMER

You acknowledge that you have carefully read these General Terms and Conditions.

When you sign up on the Site, you're confirming that you've read and accepted the General Terms, which means you're legally bound by them.

The General Terms and Conditions that apply to you are the ones in effect on the date you place your order. You can request a dated copy of these at any time. Just so you know, any changes to our General Terms and Conditions made by us won't apply to orders you've already placed, unless you specifically agree to them for a particular order.

ARTICLE 19 – INTELLECTUAL PROPERTY

Les Lubies de Cadia is a registered trademark. The name, logo, and graphic charter of this Site are intellectual works protected by copyright, with ownership exclusively belonging to the operator. Any dissemination, exploitation, representation, or reproduction, whether partial or in full, without the express authorization of the operator, will expose the offender to civil and criminal prosecution.

All sewing patterns sold by the operator are protected by copyright and design rights. These patterns are for private use only: any commercial use (like sewing classes, selling garments made from these patterns...), copying, or free/paid distribution (unless you're an authorized reseller) will result in civil and criminal prosecution.