TERMS & CONDITIONS
Capsule de Plume is a registered trademark protected in France. Unless prior and express authorization, any use of the trademark and objects resulting from this brand (such as Parfum de Valise®, belt bag ""M'as Tu Vue"", the pouches "Ailleurs Autrement") and all other brands , figurative or otherwise displayed on the site belonging to the Editor or third parties exposes the user to criminal prosecution and civil liability.
Article 1: Object
The present general conditions of sale (hereinafter referred to as “GCS”) apply exclusively between the company PLUME PRODUCTIONS and any other person visiting or making a purchase via the virtual shop CAPSULE DE PLUME, accessible at URL “www.plumevoyage.fr”, and aims to determine the rights and obligations of the parties within the frame of the online sale of goods and/or services offered by the company PLUME PRODUCTIONS to the consumer (hereinafter referred to as the “Client”).
Article 2: Vendor’s identification
PLUME PRODUCTIONS:
A limited liability company, with a share capital of € 4.000, with its head office located in Paris, incorporated at the RCS of Paris under N° B 492 019 161.
VAT n°: FR5649201916100024
Article 3: GCS Acceptance
By confirming its order, the Client acknowledges having reviewed the present GCS and expressly declares accepting them in their entirety without any reserves. These GCS shall prevail over any other conditions stated in any other documentation, the purchase act implying the acceptance of these GSC.
Any order of CAPSULE DE PLUME product offered on the online shop of the website “www.plumevoyage.fr”, implies the prior review of the present GCS. Consequently, the Client acknowledges being perfectly informed that its approval regarding the contents of the present GCS, does not require its handwritten signature of this document, insofar as the Client wishes to order online the products of CAPSULE DE PLUME. The Client may save or edit the present GCS, with the understanding that saving and editing this document is under his sole responsibility. The consumer declares having full legal capacity allowing him to be committed by the present GCS.
The Client’s order confirmation as well as all of the data registered by PLUME PRODUCTIONS constitute the evidence of the existing transactions between PLUME PRODUCTIONS and the Client.
The present GCS may be modified at any time without prior notice.
Article 4: Products description
To each article of CAPSULE DE PLUME corresponds:
A detailed description (denomination, dimensions, color, and if necessary advice of maintenance and use),
A price indicated in euro, all taxes included, but not including the treatment preparation and delivery expenses of the order. The treatment, preparation, shipment and delivery expenses, will be invoiced in addition to the order and prior to its confirmation, and,
A picture.
The picture is only for illustration purposes and does enter within the scope of the agreement. PLUME PRODUCTIONS shall in no event be liable for errors appearing therein.
The CAPSULE DE PLUME offer is valid in Metropolitan France and everywhere else in the world.
The company PLUME PRODUCTIONS offers on its web site products for sale that comply with the provisions of Article L 111-1 of the French Consumer Code, that grants the potential Client the right to enquire, prior to final confirmation of an order, the essential features of the products he desires to buy.
Article 5: Stock
Offers are valid as long as the products appear on the site, within the limits of the available stock.
If an ordered product is not available, notably due to the suppliers of CAPSULE DE PLUME, the Client will be informed as soon as possible and will have the right to cancel its order. The Client will then have the option to either request reimbursement of his payment within 30 days at the latest of the date of payment, or a product exchange, without any other compensation or indemnity.
The products remain the full property of CAPSULE DE PLUME until full payment of their price by the Client.
Article 6: Order posting
Pursuant to Article 1369-5 of the Civil Code, the order posting will be completed with the following steps:
Selection of product(s) and placing in the basket,
Basket confirmation,
Order confirmation by the Client.
The order may be modified at any time until its final confirmation by the Client, that implies final acceptance of the offer and initiates the treatment of his order.
PLUME PRODUCTIONS will confirm the acceptance of the order to the Client by e-mail to the address forwarded by the Client, or otherwise, to the address indicated by the Client in the purchase order.
PLUME PRODUCTIONS reserves the right to cancel any order by a Client with whom a dispute related to the payment of a prior order is pending.
The information supplied by the Client at the time of order taking shall be his sole responsibility. In case of error in the recipient’s details, PLUME PRODUCTIONS may not be held responsible for a possible failure to deliver the product.
Article 7: Payment
The price invoiced to the Client is the price indicated on the order confirmation sent by PLUME PRODUCTIONS. The payment of the order is immediately due at the order confirmation date.
Payment is made in Euros, by secured Paypal account, or by credit card, visa or MasterCard, on the secured platform of CIC Bank, if the Client does not have a Paypal account.
The Client guarantees PLUME PRODUCTIONS that he has the required authority to use the payment mode chosen by him upon confirmation of the purchase order.
The order confirmed by the Client will only be considered effective when the relevant banking institution has given its approval to the payment. In case of refusal, the order will be automatically cancelled.
PLUME PRODUCTIONS reserves the right of refusing to proceed to a delivery or to satisfy an order from a Client who did not settle, fully or partially, a preceding order, or with whom a payment dispute is pending.
The transfer of property of the products in favor of the Client will only be achieved after the full payment of the price, regardless of the product delivery date. The transfer of product loss and damage risks will occur immediately upon delivery and reception of the products by the Client.
Article 8: Shipment and delivery
The products shall be delivered at the delivery address indicated by the Client during the order process, in Metropolitan France or abroad.
PLUME PRODUCTIONS agrees to deliver in countries outside Metropolitan France. Clients residing within the European Union shall be subjected to French VAT at the then current legal rate. The VAT will be indicated within the invoice in the online order summary. If the Client resides outside the European Union, he will not be liable for VAT and will be invoiced excluding VAT.
For any delivery outside Metropolitan France, possible customs fees or local taxes will be payable by the Client.
Delivery fees are invoiced to the Client at the end of the order, in addition to the selected products price.
The delivery delays specified at the time of the order are merely given as an indication and may not be considered as a contractual commitment. No delay penalty may be claimed by the Client. However, if for any reason a delay should occur, PLUME PRODUCTIONS shall endeavor to minimize it as much as possible.
In any event, PLUME PRODUCTIONS shall not be liable for delay or failure to perform its contractual obligations, as a result of a legally recognized force majeure event.
Article 9: Retraction
9.1 Conditions
Pursuant to Article L.121-20 of the Consumption Code (“Code de la Consommation”), the Client is entitled to a seven day period, as from the date of receipt of the order, to revoke the order without any obligation to justify its decision nor to pay any penalty, except for product return expenses.
Solely will be accepted products returned in whole, in their initial state and their original packing, along with their accessories, notices of use and documentation where applicable, in perfect state of resale. Contact : capsule@capsuledeplume.com.
Any damaged product, or any product the original packaging of which has been damaged, will be neither reimbursed nor exchanged.
Pursuant to Article L.121-20-1 of the Consumption Code, PLUME PRODUCTIONS will reimburse the Client as soon as possible, and in any event within thirty days following the retraction date.
The reimbursement will be made by bank transfer to the account related to the credit card or the PayPal account used for the payment of the order or, at the Client’s option, as a credit note.
9.2 Exclusion of retraction
Pursuant to the provisions of article L.121-20-2 of the Consumption Code, the retraction right may not be used for:
Product specifically made to order by the Client, or clearly personalized, or, due to their nature, may not be reshipped or are likely to quickly deteriorated or become out-of-date.
Audio or video recordings, or software, once they have been unsealed by the Client.
For hygiene reasons, textile articles that are delivered with hygiene seals, once the latter have been removed, clothing that has visibly been worn and/or washed, jewelry such as piercing and earrings, etc.
Article 10: Defective products – Legal guarantees
Any anomaly relating to the delivery (damage, missing product with regard to the delivery voucher, damaged package, broken products, etc.), must necessarily be indicated on the delivery voucher under the form of “handwritten reservations” along with the Client’s signature. The Client shall also confirm such anomaly within two (2) business days from the delivery date, by notice detailing such claims to the shipping company, by registered letter with recorded delivery. The Client must transmit copy of said notice by email : capsule@capsuledeplume.com
All the articles offered in CAPSULE DE PLUME, are subject to the legal guarantee of conformity (article L.211-1 and following of the Consumption Code) and to the guarantee of hidden defects (article 1641 and following of the Civil Code), enabling the Client to return the defective products delivered.
The legal guarantee may be invoked if the non-conformity is noticed within 2 years from the reception date of the product. In case such notice is made more than six months after delivery date, the Client must prove the existence of the non-conformity of the product at the time the delivery.
The items delivered by PLUME PRODUCTIONS are guaranteed up to the level of the guarantee provided by the product supplier. Under such guarantee, the sole obligation incumbent upon PLUME PRODUCTIONS, consists in the replacement or the repair of the product acknowledged as being defective by its services. The defects and deteriorations resulting from normal use, exterior accident (erroneous assembly, defective maintenance, abnormal use, etc.) or by modification not specified by PLUME PRODUCTIONS or the manufacturer, are excluded from the guarantee.
Article 11: Personal data
The information gathered from the Client on CAPSULE DE PLUME is designed for the exclusive use of PLUME PRODUCTIONS.
PLUME PRODUCTIONS only collects from the Clients of CAPSULE DE PLUME, nominative or personal information necessary for the proper implementation of orders. Such information is indispensable for the treatment and handling of orders and for invoicing. Otherwise, the orders requested by the Clients may not be processed.
Cookies may be used for the functioning and the process of taking orders in CAPSULE DE PLUME.
The Client is informed that such automated information processing has been notified to the National Computer and Liberties Commission (“Commission Nationale de l’Informatique et des Libertés”) under n° 1512575.
Pursuant to the provisions of the Computer and Liberties law of 6 January 1978, the Client has a total right to access, modify, rectify and delete personal data related to him.
In order to use this access right, the Client may send an e-mail to the following address: client@capsuledeplume.com.
Article 12: Internet use rules
The Client declares accepting the characteristics and the limits of the Internet and acknowledges in particular that:
The Client is solely responsible for his use of the information. Consequently, PLUME PRODUCTIONS may not be considered liable to the Client, by virtue of an express or implicit obligation, for any direct or indirect damage deriving from the use of the said information;
He is aware of the nature of the Internet, particularly of its technical performances and of the reply time for consulting, requesting or transferring information;
The Client’s communication of personal identification data, or in general of any information considered by the Client as confidential, is made under his own responsibility;
It is the Client’s responsibility to take the necessary measures to ascertain that the technical characteristics of his computer allow him to consult the information;
It is the Client’s responsibility to take all necessary measures to protect his own data and/or software or equipment, from any possible virus circulating through the site.
Article 13: No partial validation
If one or more of the clauses of these GCS were considered invalid or declared as such in application of a law, regulation or further to final decision of a competent court, the other clauses will remain valid and enforceable.
Article 14: Applicable law - Disputes settlement
The present GCS are governed by French law.
The language of the present agreement is the French language.
In case of dispute resulting from the existence, interpretation or execution of this agreement, the parties agree to attempt to reach an amicable settlement, prior to filing a legal action.
Any claim related to an order shall be notified to PLUME PRODUCTIONS by email: capsule@capsuledeplume.com.
In case of failure to reach an agreement on an amicable basis, the dispute will be submitted to the competent courts of the jurisdiction of the Paris court of appeal, that will have exclusive jurisdiction for dispute settlement.
If you have any question relating to the GCS of CAPSULE DE PLUME, please write to us at the following address: capsule@capsuledeplume.com.