General Terms of Sale

GENERAL TERMS OF SALE - EXPORT

Article 1: – Entire agreement

These terms and conditions contain all the obligations incumbent on the parties. The buyer is accordingly deemed to accept them unreservedly.

These terms and conditions apply excluding all other such terms and conditions, notably those applicable to sales in store or via other retail and sales channels. They are found on the www.coucousuzette.com website and will, where applicable, prevail over any other version or conflicting document.

The seller and the buyer agree that these terms and conditions shall exclusively govern their relationship. The seller reserves the right to amend its terms and conditions as and when required. They will be applicable as soon as they are posted on-line.

If a specific term of sale is omitted, it shall be deemed governed by the current practices in the sector of distance selling for companies based in France.

These terms and conditions of sale are valid until 31/12/2020.

Article 2: - Object

These terms and conditions set out the rights and obligations of the parties with respect to the on-line sale of products by the seller to the buyer, via the website www.coucousuzette.com.

Article 3: - Pre-contractual information

3.1. The buyer confirms having received a legible and intelligible copy of these terms and conditions of sale and all the information listed in article L. 111-1 of the French Consumer Code prior to placing an order and signing the agreement.

3.2. The following information is provided to the buyer in a clear and intelligible form:

the essential features of the product;
the price of the product;
if the contract is not immediately fulfilled, the date or deadline on which the supplier undertakes to deliver the product, irrespective of its price;
information relating to the name, postal address, telephone number and email address of the supplier, and its activities, information relating to statutory warranties, the functions of digital content and, where appropriate, the interoperability of such content, the existence and terms of warranties and other contractual conditions.

3.3. The seller shall provide the following information to the buyer:

its name or company name, the geographical address of its business premises and, if different, the address of the registered office, telephone number and email address;
terms of payment, delivery and performance of the contract, as well as the professional procedures for handling complaints;
the existence and terms of exercise of the statutory warranty as per articles L. 217-4 to L. 217-14 of the French Consumer Code and the warranty for hidden defects as per articles 1641 et seq of the French Civil Code.

3.4. With regard to digital content, the seller indicates the existence of any pertinent interoperability with certain hardware or software of which it is or should reasonably be aware.

Article 4: - Orders

The buyer can order products on-line, from the on-line catalogue and using the form shown, subject to available stocks. If a product ordered is unavailable, the buyer will be informed by email.

For an order to be confirmed, the buyer is required to accept these terms and conditions, by clicking where indicated. The buyer shall also select the address and mode of delivery and, finally, confirm the payment method.

The sale will be deemed final:

after the seller has emailed the order confirmation to the buyer;
and after the seller has received the price in full;

By ordering, the buyer accepts the prices and descriptions of products available for sale. Any dispute in this regard can be raised with the seller and will be covered by the warranties mentioned below.

In certain cases, including non-payment, incorrect address or other issue with the buyer’s account, the seller reserves the right to place a hold on the buyer’s order until the problem is resolved.

The order concerned will then be cancelled or reimbursed where applicable, and the rest of the order shall remain firm and final.

For all questions regarding orders, the buyer can contact us at: contact@coucousuzette

Article 5: - Electronic Signature

By providing your card number on-line and finalising the order, you accept and confirm the following:

- liability for payment of the sums due for the order,

- signature and express acceptance of all transactions carried out.

In the event of fraudulent use of a credit card, please contact us immediately at: contact@coucousuzette.com.

Article 6: - Proof of transaction

The computerised records, held in the seller's computer systems in a reasonably secure form, will be deemed evidence of communications, orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as evidence.

Article 7: - Product information

The products governed by these terms and conditions are those presented on the seller’s website and indicated as sold and dispatched by the seller. They are offered subject to available stocks.

The products are described and presented as accurately as possible and the photographs of products are as faithful as possible. However, we cannot guarantee that the product offered will be identical, particularly with regard to colours.

Article 8: - Price

The seller reserves the right to amend its prices at any time but undertakes to apply those in effect at the time of ordering, subject to availability on this date. Prices are indicated in Euro. They do not include delivery costs which are invoiced in addition and indicated prior to confirmation of the order. Prices include VAT, at the rate applicable on the date of the order, and any change in the applicable VAT rate will be automatically reflected in the price of the products in the on-line store. Orders for non-EU countries are shipped exempt from VAT, the buyer being liable for the payment of the VAT applicable in their country at the time of delivery.

The full price must be paid on ordering. Sums paid cannot be considered as deposits or down-payments at any time. If one or more taxes or contributions, including environmental taxes, are created or amended (increased or reduced), such changes shall be reflected in the sale price of the products.

Article 9: - Mode of Payment

Orders are accompanied with a payment obligation, which means that when placing an order, the buyer undertakes to pay for it.

Buyers can choose from all the modes of payment offered by the seller and listed on the seller’s website to pay for their orders. Buyers guarantee to the seller that they have the necessary authorisations to use the mode of payment chosen when confirming the order. The seller reserves the right to suspend any orders and deliveries in the event of officially accredited organizations refusing to authorise a card payment or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or honour an order from a buyer who has not fully or partly paid a previous order or if there is an ongoing payment dispute with such buyer. The seller has implemented a process for checking orders to ensure that no one is using another person’s banking details without their knowledge.

As part of this process, the buyer may be requested to email a copy of an identity document and proof of address to the seller. The order will then only be confirmed after the seller has received and checked the documents sent.

The price due is paid on cash terms upon ordering, as follows: Debt/credit card or Paypal. Payments made by the buyer shall only be considered final after the seller has effectively received the sums due.

Article 10: - Availability of products - Reimbursement - Cancellation

Except in cases of force majeure or during closure of the on-line store which will be clearly announced on the website’s homepage, shipping times will be as indicated below, subject to available stocks. Shipping times shall run from the date on which the order is registered as indicated on the order confirmation email.

For deliveries in mainland France, delivery is 1 to 3 working days from the day after the order is placed.

For deliveries within the EU, delivery is 4 to 7 working days from the day after the order is placed.

For deliveries to third countries, delivery is 7 to 15 working days from the day after the order is placed.

If the agreed delivery date or time is not met, the buyer shall grant the seller a reasonable additional period of time to comply before cancelling the contract. If the seller does not fulfil the order by the end of this new period of time, the buyer is free to cancel the contract. The buyer shall fulfil these various formalities by registered letter with acknowledgement of receipt or in writing on another durable medium.

The contract will be deemed cancelled on receipt by the seller of the letter or written notice of such cancellation, unless the seller has honoured its obligations in the meantime. The buyer can however immediately cancel the contract if the dates or times mentioned above are an essential condition of the contract. In this case, when the contract is cancelled, the seller is required to reimburse the buyer for all sums paid, no later than within 14 days after the date on which the contract has been cancelled.

If the ordered product is unavailable, the buyer will be informed as soon as possible and will have the option to cancel the order. The buyer will then have the choice between asking for a refund of the sums paid no later than 30 days after payment or the exchange of the product.

Article 11: - Terms of delivery

Delivery entails the transfer to the consumer of the physical possession or control of the product. It only takes place after confirmation of payment by the seller’s bank. Products ordered are delivered as follows: Tracked Collissimo 48H for orders within mainland France, Collissimo International for other destinations.

Products are delivered to the address indicated on the order by the buyer who must check its accuracy. Any package returned to the seller due to an incorrect or incomplete address will be re-shipped at the buyer’s expense. The buyer may ask for an invoice to be sent to the billing address rather than the delivery address, by ticking the designated option on the order form.

If the buyer is absent on the date of delivery, the carrier will leave a card in the letter box which can be used to collect the package at the location and for the time indicated. If the original packaging is damaged, torn or open on delivery, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the parcel and record the details on the delivery slip (parcel refused because opened or damaged).

The buyer must record any issue concerning the delivery (damage, missing product compared to delivery note, damaged package, broken products...) on the delivery note in writing along with their signature.

Article 12: - Passing of risk

The passing of title shall only occur after the buyer has paid the price in full, irrespective of the delivery date.

Delivery is deemed to be made when the products ordered have passed from the seller to the buyer or a third party designated by the buyer.

Article 13: - Statutory warranty of conformity and statutory warranty for hidden defects

Coucou Suzette, 18 Street of Thermopylae, 75014 Paris, France warrants that the goods shall comply with the contract made, allowing the buyer to make a claim under the statutory warranty stipulated in articles L. 217-4 to L. 217-14 of the French Consumer Code or the warranty for defects in an item sold as per Articles 1641 et seq of the French Civil Code.

Note that in the event of a claim under the statutory warranty, the buyer:

- has a period of 2 years from the delivery of the product to take action;

- can choose between the repair or replacement of the product, subject to the cost conditions stipulated by article L. 217-9 of the French Consumer Code;

- is released from the obligation to provide proof of the non-conformity of the product for 24 months after the delivery of the product;

- may decide to make a claim under the warranty for hidden defects in an item sold as per article 1641 of the French Civil Code. In this case, the buyer can choose between the cancellation of the sale or a reduction in the price in accordance with article 1644 of the French Civil Code.

Article 14: - Right of withdrawal

In accordance with the provisions of the French Consumer Code, the buyer has a period of 14 working days from the date of delivery of the order to return any unsuitable item and request a refund, without any penalty, except the return costs which remain payable by the buyer.

The products must however be returned in their original packaging and in perfect condition within 14 days after the notification to the seller of the buyer’s decision to exercise the right of withdrawal.

Products must be returned complete and in their original condition (packaging, accessories, instructions...) so they can be resold as new, along with the purchase invoice to the following address: LOGISSEO - Coucou Suzette - Returns - 12 Avenue Jean Joxé - 49100 ANGERS - France. Damaged, soiled or incomplete products are not accepted for return.

The right of withdrawal can be exercised on-line using the withdrawal form available on the www.coucousuzette.com website. In this case, a confirmation of receipt on a durable medium shall be sent to the buyer immediately. Any other method of giving notice of withdrawal is accepted. It must be devoid of ambiguity and express the wish to withdraw.

If the right of withdrawal is exercised within the above-mentioned period, the price of the product or products purchased and the delivery costs are reimbursed. The costs of returning products are paid by the buyer.

In the event of withdrawal, the refund will be paid no later than 14 days from the date on which the seller will be informed of the buyer’s decision to retract but that, in this case, the seller may also choose to defer this refund until the product(s) are recovered.

Article 15: - Force majeure

All circumstances beyond the control of the parties preventing the fulfilment of their obligations under normal conditions are deemed to be causes of exemption from the parties’ obligations and result in their suspension. The party citing the circumstances referred to above must immediately notify the other party when they occur and when they cease.

Cases of force majeure shall include all events or circumstances that are uncontrollable, unforeseeable, inevitable, beyond the control of and unconnected with the parties, which they cannot prevent despite all reasonably possible efforts. In addition to the force majeure events usually adopted by the case law of the French courts, force majeure and unforeseeable circumstances shall expressly include blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightening, interruption of telecommunication networks or difficulties specific to telecommunication networks not connected with customers.

The parties will meet to review the impact of the event and agree on the conditions under which the contract can continue. If the force majeure event lasts longer than three months, these terms and conditions can be cancelled by the injured party.

Article 16: - Intellectual property

The content of the website (including technical documents, designs and photographs) remains the property of the seller which solely owns the associated intellectual property rights. Buyers undertake not to use such content in any way; any total or partial reproduction thereof is strictly prohibited and may constitute infringement.

Article 17: - Data Protection

The personal data provided by the buyer is needed to process the order and issue invoices. Such data may be shared with the seller’s partners given responsibility for the processing, management and payment of orders.

The information collected may be used to send the buyer coucousuzette.com promotions or advertising. When registering, the buyer can choose not to subscribe to the newsletter by not ticking the associated box. The buyer can also unsubscribe at any time by clicking on the link in e-mails or contacting coucousuzette.com

All information relating to compliance with the General Data Protection Regulation (EU Regulation 2016/679) by coucousuzette.com is available on the website on the “personal data and privacy policy” page.

The buyer has a permanent right to access, alter, rectify and object to information held. This right can be exercised under the conditions and according to the processes set out in the “Personal Data and Privacy Policy” section.

Article 18: - Severability

If any stipulation of these terms and conditions is found to be invalid or declared as such pursuant to a law, regulation or final decision by a competent court, the remaining stipulations shall retain their full force and effect.

Article 19: - No waiver

The failure by either party to enforce any obligations mentioned herein not fulfilled by the other party shall not be deemed a waiver of the obligation in question for the future.

Article 20: - Headings

In the event of difficulty of interpretation between the heading of any clause and its contents, the heading shall be disregarded.

Article 21: - Language of the contract

These terms and conditions are drafted in French. If they are translated into one or more foreign languages, only the French text would be authoritative in the event of a dispute.

Article 22: - Consumer mediation

In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, our company has set up a consumer mediation system. The mediation entity retained is: SAS CNPM - MÉDIATION - CONSOMMATION. In the event of a dispute, the consumer may file his complaint on the site: http://cnpm-mediation-consommation.eu or by post by writing to

CNPM - MEDIATION - CONSUMPTION
27, avenue de la Liberation - 42400 SAINT-CHAMOND

Article 23: - Governing law

These terms and conditions are subject to the application of French law excluding the provisions of the Vienna Convention. This applies to the substantive rules and rules of form. In the event of a dispute or claim, the buyer shall contact the seller primarily with a view to obtaining an amicable solution. The French courts shall have sole jurisdiction.

APPENDIX 1 - Provisions relating to statutory warranties

Reproduction of articles L. 217-4, L. 217-5, L. 217-12 of the French Consumer Code and reproduction of articles 1641 and 1648 of the French Civil Code.

APPENDIX 2 - Withdrawal form

APPENDIX 1

FRENCH CONSUMER CODE

Article L217-4

The seller is required to deliver goods that conform to the contract made between the parties and is liable for any defects in this regard existing at the time of delivery.

It is also liable for defects resulting from packaging, assembly instructions or installation when such installation is incumbent on it under the contract.

Article L217-5

To conform to the contract made between the parties, the product must:

1° be fit for the use ordinarily expected of such a product and, if applicable:

- match the description given by the seller and have the features the seller presented to the buyer in the form of a sample or model;

- have the features a buyer can legitimately expect given the public statements made by the seller, the producer or its representative, particularly in advertising or labelling; or

2° have the features defined by mutual agreement by the parties or be fit for any special use sought by the buyer, brought to the knowledge of the seller and accepted by it.

Article L217-12

Actions resulting from non-conformity are limited to two years from the date of the delivery of the product.

FRENCH CIVIL CODE

Article 1641

The seller is bound by the warranty for hidden defects in an item sold that render it unfit for the use for which it was intended or diminish such use to the degree that the buyer would not have bought it, or would only have paid a lower price having known this.

Article 1648

Actions resulting from latent defects must be brought by the buyer within a period of two years from the date the defect is discovered.

In the case provided for by Article 1642-1, the action must be brought within the year after the date on which the seller can be discharged from visible defects, failing which it shall lapse.

Please complete and return this form by email to contact@coucousuzette.com

only if you wish to withdraw from the contract.

For the attention of Société X - Address

I / We (*) hereby notify you (*) of my / our (*) retractions of the contract for the sale of the following property (s):

________________________________________________________________________________

Ordered on (*) / received on (*): _____________________________________

Name of the client (s): ___________________________________________

Address of the client (s): _________________________________________

________________________________________________________________________________

Date: _____________________

Signature of the client (s) (only in case of notification of this form on paper)

______________________________________________________________________

GENERAL TERMS OF SALE - RETAILERS

1 Introduction:

The present General Terms of Sale (GTS) detail the rights and obligations of COUCOU SUZETTE (hereinafter referred to as the Seller) and their Customer. Any sale made by the Seller implies the Customer’s acceptance without reserve of the present General Terms of Sale. The Customer may not impose their general terms of purchase upon the Seller.

If any provision of the present General Terms is held invalid, the remaining provisions shall not be affected thereby. The fact that the Seller does not exercise one of their rights under the present GTS at a given moment shall not deprive them from exercising any of their rights at a later time.

2 Orders:

Orders must be placed in writing on the online website (www.coucousuzette.com) via the Reseller’s area.

3 Order confirmation:

Even if an order is not made in writing, payment of a deposit and/or acceptance of the goods will be considered confirmation of the order, and unconditional acceptance of the present GTS by the Customer.

4 Shipping time:

The delivery time given when the order is taken is approximate. It starts on the date when the Seller receives the Customer’s purchase order, the present GTS accepted by the Customer as well as all documents required for execution of the order. For information purposes, delivery time is usually:

For deliveries in mainland France, delivery is 1 to 3 working days from the day after the order is placed.

For deliveries within the EU, delivery is 4 to 7 working days from the day after the order is placed.

For deliveries to third countries, delivery is 7 to 15 working days from the day after the order is placed.

A delivery delay cannot be considered breach of contract nor give rise to compensation for damages, late penalty charges or cancellation of the order. The Seller reserves the right to make split shipments.

5 Shipping:

The shipment is made by delivering the order to the address stated by the Customer on the purchase order or quotation.

6 Transportation:

The goods are shipped in standard packaging. Any other packaging required by the Customer (e.g. wooden crates) will be charged extra.

The customer selects the carrier of his choice on the website.

The customer must check the shipment upon arrival. If any goods are missing or were damaged during transport, the customer must note all their reservations on the delivery slip upon receipt. Furthermore, these reservations must be confirmed in writing within three (3) working days of the delivery via registered letter with return receipt (Article L133-3 of the French Commercial Code).

7 Return of goods:

Goods may be returned for non-conformity or apparent defects, only with the Seller’s written approval, and in no case, any later than ten (10) days of receipt. Custom-made pieces may not be returned.

The Seller will not take back the goods unless the apparent defects or non-conformity have been established. The return will result in a standard exchange for the Customer. The costs of returning and redelivering the goods will be then borne by the Seller.

Any goods returned by the Customer, where the Seller has not given prior approval, or where no apparent defects or non-conformity have been established, will be held for the Customer. There will be no standard exchange, and no credit note will be issued. The costs of the return will in this case be borne by the Customer.

8 Prices: The prices of the goods sold are those in force on the day of the order. Prices are displayed HT, EXW Angers - France (ex warehouse France) on the website.

For France: All orders over 600 € HT are delivered free of charge. For orders under 600 € HT, the shipping costs are 9 €. The prices will be increased by the VAT rate in force on the day of the invoicing.

For Europe: All orders over 800 € HT are delivered free of charge, i.e. DPU agreed place of delivery (Incoterms® 2020). For orders below 800 € HT, the shipping costs are 20 €. Duties and taxes payable at destination are at the customer's expense.

For all other countries: All orders over 800 € HT are delivered free of charge, i.e. DPU agreed place of delivery (Incoterms® 2020). For orders below 800€ HT, the shipping costs are 42 €. Duties and taxes payable at destination are at the customer's expense.

The Seller reserves the right to change their prices at any time. Nonetheless, the Seller will invoice the goods ordered at the prices listed on the order date.

9 No Early payment discount:

No discount is given for early payment.

10 Terms of Payment:

Payment is to be made in totality during the validation of the order, by bank card or Paypal. Any bank costs outside of France will be borne by the Customer.

Should the Customer’s status change (e.g. change in structure, late payments, default of payment, bankruptcy, dissolution, death), the Seller reserves the right to revoke any extended payment period, suspend orders in process, demand guaranties, or cancel the order.

In the event of a late payment, the Seller may suspend all orders in process without prejudice to any other right of action.

11 Late payment:

If payment is not made by the due date stated on the invoice, the Customer will be lawfully subject to a late payment penalty, which the Seller may claim without any reminder (French law No. 2001-420 of 15 May 2001 concerning new economic regulations, and Articles L441-3 and L441-6 of the French Commercial code). The penalty interest rate is three (3) times the legal interest rate, calculated on all amounts due. Penalty interest is subject to VAT. Furthermore, in case of late payment, a flat fee of €40.00 for recovery costs will rightfully be charged, without prior notice. If the recovery costs incurred by the Seller exceed this amount, the Seller may claim additional compensation from the Customer, on presentation of receipts.

Upon default of one payment, all other payments become immediately due.

12 Resolutive condition:

In the event of default of payment, forty-eight (48) hours after unheeded notice, the sale may be rightfully cancelled, and the Seller may be entitled to damages. This cancellation will affect not only the order in question, but also all earlier unpaid orders, whether delivered or being delivered, whether payment is due. Outstanding balances for any other deliveries or any other reasons, will be immediately due, unless the Seller has opted for cancellation of the corresponding orders. The Customer must reimburse any recovery costs, including any legal or administrative fees.

13 Retention of Title:

The Seller retains ownership of the goods until full payment of the price, including any ancillary costs. Therefore, if the Customer goes into receivership or bankruptcy, the Seller has the right to claim goods sold to the Customer and still unpaid.

14 Intellectual property:

The name COUCOU SUZETTE, as well as all related illustrations, images and logos remain the Seller’s exclusive property. Any total or partial reproduction, modification or use of the said name, illustrations, images and logos, for any purpose, on any medium whatsoever, without the Seller’s prior express written approval, is strictly prohibited.

15 Advertising rights:

The Seller reserves the right to mention their Customers’ names in external communications and advertising (e.g. Website, portfolio) to develop new business.

16 Force Majeure:

The Parties will be fully discharged of their responsibilities if failure of one of the Parties to fulfil their obligations is due to a case of Force Majeure.

Initially, the Force Majeure case will suspend execution of the Contract, and the Parties will meet to discuss terms for continuing to do business together. Should the Force Majeure case last longer than one (1) month, the contract will automatically end, unless otherwise agreed by the Parties.

In addition to the unforeseeable circumstances usually recognized by the courts and case law of France, the following cases are also expressly considered Force Majeure for the present GTS: blockage, disruption or congestion of telecommunication networks; poor electric power supply; blockage of transport or supply chain for any reason whatsoever; epidemics; earthquakes; fires; inclement weather, storms, floods, or water damage; legal or governmental restrictions, or business regulations.

17 Competent jurisdiction:

Any dispute relating to the interpretation or execution of the present General Terms of Sale is subject to French law. If no amicable settlement can be found, the dispute shall be brought before the Tribunal de Commerce of Paris, France.

The Customer acknowledges that they have read the present General Terms of Sale and accept them unconditionally.