General Terms and Conditions of Sale

"General Terms and Conditions of Sale"

 

"Article 1 – Definitions"

"The present General Terms and Conditions of Sale (hereinafter the "GTC") are offered by the company GENERALEO"", under number 880722731" "and whose registered office is located at 249 rue de Courlancy, 51100 Reims"". (hereinafter "thecutebabys.com"»).

"We will refer to the following:"

" Site ": the site "https://thecutebabys.com"’ and all of its pages, exclusive property of the Company.

‘Products’ or ‘Services’: all products (materials) and services (performances) that can be purchased or subscribed to on the Site.

‘Seller’: thecutebabys.com, legal entity or natural person, offering their Products or Services on the Site.

‘Client’: the internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Site.

‘Consumer’, in accordance with the definition of the preliminary article of the Consumer Code: ‘any natural person who acts for purposes that do not fall within the scope of their commercial, industrial, artisanal, or liberal activity’

The internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these GTC carefully, to print them and/or to 

save on a durable medium, before proceeding with an order on the Site.

The Client acknowledges having read the GTC and accepts them in full.

Article 2 – Application of the GTC and purpose of the Site

The Seller reserves the right to modify the GTC at any time by publishing a new version of them on the Site.

The GTC applicable to the Client are those in effect on the day of their order on the Site.

The legal information concerning the host and publisher of the Site, the collection and processing of personal data, and the conditions of use of the Site are provided in the general conditions of use, legal notices, and data charter of the present Site.

The present Site offers the online sale of kitchen accessories.

The Site is freely and freely accessible to any Client. The acquisition of a Product or Service implies the acceptance, by the Client, of the entirety of these GTC, which they acknowledge having fully understood. This acceptance may consist, for example, for the Client, in checking the box corresponding to the acceptance statement of these GTC, for example, mentioning 'I acknowledge having read and accepted all the general conditions of the Site.' Checking this box will be deemed to have the same value as a handwritten signature from the Client.

The acceptance of these GTC assumes that Clients have the necessary legal capacity for this. If the Client is a minor or does not have this legal capacity, they declare to have the authorization of a guardian, curator, or their legal representative.

The Client acknowledges the evidential value of the Seller's automatic recording systems and, unless they provide contrary evidence, they waive the right to contest them in case of dispute.

Any Order of Products implies the unconditional acceptance by the Client and their full and complete adherence to these General Terms and Conditions of Sale, which prevail over any other document: catalogs, advertisements, notices, unless expressly and previously agreed otherwise by the Company.

Article 3 – Customer service

The customer service of this Site is accessible by email at the following address: “ info@thecutebabys.com “ by form or by postal mail at the address indicated in the legal notices. The Client must indicate in the email his first name, last name, the subject of his request, and his Order number.

For any professional request (partnership, media, contract proposal), the Company can only be reached by email at info@thecutebabys.com.

Article 4 – Subscription modalities for orders and description of the purchasing process

The Products and Services offered are those listed in the catalog published on the Site. Each product is accompanied by a description established by the Seller based on the descriptions provided by the supplier.

The photos on the Site are non-contractual and may vary significantly from the photographed models. These variations are due to the settings of different screens and cameras, the lighting of the products, the angle of the shot, etc.

Hereinafter, the term « Cart » is defined as the intangible object grouping all the Products or Services selected by the Client from the Site for the purpose of a purchase by clicking on these items. To proceed with his order, the Client chooses the Product(s) he wishes to order by adding them to his « Cart », the contents of which can be modified at any time.

1. The Client places the Order via the Site: the Client registers and validates the Order on the Site.
2. To place an Order on the Site, the Client freely selects one or more Products from the Site's catalog by clicking on the button « add to Cart ». On the « Cart » page, the Client has the option to check the details of his Order and correct any errors before confirming it.
3. On the « Information » page, the Client must enter his contact information. He can opt for tracking his Order by email by checking the required box.
4. On the « Delivery » page, the Client must choose his shipping method that is offered to him.
5. On the « Confirmation » page, the Client must enter his bank details as well as the billing address. The Client also has the option to enter a promotional code if he has one.
6. A complete summary of the Order appears. The Client has the option to modify all elements of the Order before finalization. The Client is responsible for any errors related to the Order, Products, and contact information.
7. The sale is validly formed when the Client has confirmed the Order by clicking on the button « Finalize my order », has accepted the General Terms and Conditions of Sale, and has proceeded to payment according to the methods he has chosen, subject to the exercise of the right of withdrawal.

The date of validation of the Order corresponds to the date of receipt of the full payment of the total price including taxes duly noted.

Article 5 – Prices and payment terms

Unless otherwise stated, the prices listed in the catalog are understood to be in Euros, all taxes included (TTC), taking into account the applicable VAT on the day of the order and excluding any potential contribution to processing and shipping costs.

Cuisinealamaison.com reserves the right to pass on any change in the VAT rate to the price of the Products or Services. The Seller also reserves the right to modify its prices at any time. However, the price listed in the catalog on the day of the order will be the only one applicable to the Client.

The Client can place an order on this Site and can make their payment by Credit Card, Bancontact, Apple Pay, or Paypal. Payments by credit card are made through secure transactions provided by an online payment platform provider.

This Site does not have access to any data related to the Client's payment methods. Payment is made directly between the hands of the bank or the payment service provider receiving the Client's payment. In the case of payment by bank transfer, the delivery times defined in Article 'Deliveries' of these General Terms and Conditions will only start to run from the date of actual receipt of payment by the Seller, who can provide proof of this by any means. The availability of Products is indicated on the Site, in the descriptive sheet of each Product.

thecutebabys.com will archive the order forms and invoices on a reliable and durable medium constituting a true copy. The computerized records will be considered by the parties as proof of communications, orders, payments, and transactions that occurred between the parties.

Article 6 – Deliveries

Delivery fees will be indicated to the Client before any payment. The Site has no geographical delivery limitation; orders can be shipped anywhere in the world. The delivery times indicated at the time of the order are for informational purposes and remain dependent on possible delays from postal services or other special cases preventing delivery (demonstrations, bad weather, etc.).

In the case of delivery of a Product outside the territory of the European Union and in the Dom-Tom, the Client declares themselves to be the importer of the Product and accepts that in such cases the Seller may be materially unable to provide them with accurate information on the total amount of fees related to customs duties and formalities or import taxes applicable in the country where the delivery of the Product is requested.

Unless otherwise stated on the Site during the ordering process or in the description of the ordered Products, the Seller commits in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Client.

During a hand delivery, the client may refuse a package at the time of delivery if they notice an anomaly regarding the delivery (damage, missing Product compared to the delivery note, damaged package, broken Products…); any anomaly must then be indicated by the Client on the delivery note, in the form of handwritten reservations, accompanied by the Client's signature. To exercise their right of refusal, the Client must open the damaged or defective package(s) in the presence of the carrier and have them take back the damaged goods. During a mailbox delivery, the client agrees to immediately check the package and contact the support of thecutebabys.com. if they notice any anomaly. If they fail to comply with these requirements, the Client will not be able to exercise their right of refusal, and the Seller will not be obliged to comply with the Client's request to exercise the right of refusal.

If the Client's package is returned to the Seller by the Post or by other postal service providers, the Seller will contact the Client upon receipt of the returned package to ask for the next steps regarding their order. If the Client has mistakenly refused the package, they may request its reshipment by first paying the postal fees for the new shipment. Postal fees must be paid even for orders for which shipping costs were offered at the time of the order.

In case of delivery error or exchange (if the right of withdrawal is applicable, that is to say if the Client is a Consumer and the contract made to acquire the Product or Service allows for withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or mishandling by the Client cannot be attributed to the Seller.

Any delay in delivery compared to the date or deadline indicated to the Consumer Client at the time of their order or, in the absence of a date or deadline indication at the time of the order, exceeding thirty (30) days from the conclusion of the contract may lead to the cancellation of the sale at the initiative of the Consumer Client, upon written request from them by registered letter with acknowledgment of receipt, if after having instructed the Seller to make the delivery, they have not complied. The Consumer Client will then be refunded, no later than fourteen (14) days following the date on which the contract was terminated, the total amount paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.

Specific case of a package whose tracking number indicates that it is "delivered" but not received in the mailbox: if the Client notices and informs the Seller that the package is not in their mailbox despite the tracking number indicating that it is "delivered", customer service may ask for additional information as well as an official document from La Poste responding to their complaint regarding the corresponding tracking number. The Seller will then do everything possible to ensure the Client's satisfaction by proposing, in particular, the immediate reshipment of the products at their own expense.

Article 7 – Right of withdrawal and withdrawal form

The Consumer Client has fourteen (30) working days from the date of receipt of the product of their order to withdraw. They will be required to return any product that does not suit them and request an exchange or refund without penalties, except for return shipping costs, within fourteen days from receipt by thecutebabys.com of the refund request.

The Product must be returned in perfect condition, unopened and unused. The Consumer Client can find below a standard withdrawal form for an order placed on the Site, to be sent to thecutebabys.com. It is understood that the Client will bear the return shipping costs in the event of withdrawal.

It is recommended that the Client return the item using a solution that allows for tracking of the package. Otherwise, if the returned package does not reach the Seller, it will not be possible to initiate an investigation with postal services to request them to locate it.

The refund will be made using the same payment method chosen by the Client for the initial transaction, unless the Client expressly agrees for the Seller to use another payment method, and provided that the refund does not incur any costs for the Client.

The Seller also reserves the right to defer the refund until receipt of the Product or as long as the Client has not demonstrated that they have shipped the Product, if such demonstration has not occurred previously.

In case of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the Product(s), the Client's liability may be engaged.

In accordance with Article L121-17 of the Consumer Code, ("Hamon law") of June 2014, the Consumer Client can find below a standard withdrawal form for an order placed on the site:

Withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of: 

GENERALEO - 249 rue de Courlancy - 51100 Reims

I / we (*) hereby notify you of my / our (*) withdrawal from the contract concerning the sale of the good below :

Order number :

Name / First name :

Phone number : 

Email address :

Postal address :

Reason for the complaint :

• Exchange* (mention the desired product)
• Refund* (attach a complete bank account details with IBAN and BIC mentioned)

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

Date :

(*) Cross out the unnecessary mention.

Article 8 – Product Guarantee

Legal provisions to reproduce

The legal conformity guarantee applies regardless of any commercial guarantee that may be granted.

The consumer may decide to invoke the guarantee against hidden defects of the sold item as defined in Article 1641 of the Civil Code, unless the seller has stipulated that they will not be obliged to any guarantee; in the event of invoking this guarantee, the buyer has the choice between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code. They have a period of two years from the discovery of the defect.

The postponement, suspension, or interruption of the statute of limitations cannot have the effect of extending the extinctive statute of limitations beyond twenty years from the day the right was born in accordance with Article 2232 of the Civil Code.

All items purchased on this site benefit from the following legal guarantees provided by the Civil Code;

Legal conformity guarantee

The Seller is required to deliver a good that conforms to the contract concluded with the Consumer Client and to respond for any conformity defects existing at the time of delivery of the Product. The conformity guarantee may be exercised if a defect exists on the day of taking possession of the Product.

On the other hand, it will be up to the Client to prove that the defect existed at the time of taking possession of the Product. 

“ In case of a lack of conformity, the buyer chooses between the repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice results in a manifestly disproportionate cost compared to the other option, taking into account the value of the good or the importance of the defect. They are then required to proceed, unless impossible, according to the option not chosen by the buyer.”

Legal warranty against hidden defects

In case of non-compliance of a delivered Product, it may be returned to the Seller who will proceed with its exchange. In case of impossibility of exchanging the Product (obsolete Product, out of stock, etc.), the Client will be refunded by check or bank transfer for the amount of their order. The costs of the exchange or refund procedure (notably the return shipping costs of the Product) are then borne by the Seller.

Article 9 – Liability

The Seller thecutebabys.com shall not be held responsible for the non-performance of the contract concluded due to the occurrence of a force majeure event. Regarding the Products purchased, the Seller shall not incur any liability for any indirect damages resulting from these, loss of business, loss of profit, damages or costs that may arise.

The choice and purchase of a Product or Service are solely the responsibility of the Client. The total or partial inability to use the Products, particularly due to hardware incompatibility, cannot give rise to any compensation, refund, or liability of the Seller, except in the case of a proven hidden defect, non-compliance, defectiveness, or exercise of the right of withdrawal if applicable, that is to say if the Client is not a Consumer Client and the contract made to acquire the Product or Service allows for withdrawal, according to article L 121-21 of the Consumer Code.

The Client expressly acknowledges using the Site at their own risk and under their exclusive responsibility. In any case, thecutebabys.com shall not be held responsible in any case:

• for any direct or indirect damage, particularly regarding loss of profits, loss of earnings, loss of clientele, or data losses that may result from the use of the Site, or conversely from the impossibility of its use;
• of a malfunction, unavailability of access, misuse, poor configuration of the Client's computer, or the use of a browser not commonly used by the Client;
• the content of advertisements and other links or external sources accessible by Clients from the Site.

The Seller's liability cannot therefore be engaged if the characteristics of the Products differ from the visuals present on the Site or if the latter are erroneous or incomplete.

Article 10 – Force majeure

In accordance with Article 1218 of the Civil Code, events independent of the will of the parties, which they could not reasonably have been expected to foresee, and which they could not reasonably avoid or overcome, are considered as force majeure or fortuitous events, to the extent that their occurrence makes the execution of obligations totally impossible.

The occurrence of a force majeure event will automatically suspend the execution of the Order.

Beyond a period of ninety (90) calendar days, if the parties observe the persistence of the force majeure event, the Order may be canceled by one of the parties, and the sales contract terminated. To this end, the most diligent party must send the other a registered letter with acknowledgment of receipt denouncing the said sales contract.

The effective date of termination will be the date of first presentation of the letter. In this case, neither party may claim damages, unless otherwise agreed by both parties.

Article 11 – Intellectual property rights

All elements of this Site belong to the Seller or a third-party representative, or are used by the Seller with the permission of their owners.

All texts, comments, works, illustrations, and images, whether visual or auditory, reproduced on the Site are protected under copyright, trademark law, right to image, and patent law. No one is authorized to reproduce, exploit, redistribute, or use in any capacity, even partially, elements of the Site. Any simple or hypertext link is strictly prohibited without the express written agreement of the Company. In all cases, any link, even tacitly authorized, must be removed at the simple request of the Company.

Only the use of the Site for private purposes, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorized.

Any total or partial reproduction of the Company's catalog is strictly prohibited. Any other use constitutes counterfeiting and is sanctioned under Intellectual Property law unless prior authorization is obtained.

Any reproduction, representation, adaptation of logos, textual content, pictorial or video content, without this enumeration being exhaustive, is strictly prohibited and amounts to counterfeiting.

Any Client who would be guilty of counterfeiting would be liable to have their account deleted without notice or compensation and without this deletion being able to constitute damage, without reservation of any possible subsequent legal proceedings against them, at the initiative of the Seller or their representative.

The brands and logos contained in the Site may be registered by thecutebabys.com, or possibly by one of its partners. Anyone proceeding with their representations, reproductions, embeddings, distributions, and retransmissions incurs the penalties provided for in Articles L.713-2 and following of the Intellectual Property Code.

Article 12 – Processing of Personal Data

1. The Company collects the Client's data:
2. a) for the purpose of processing and tracking the Client's Order on its Site; (and/or)
3. b) for the purpose of being able to contact you about various events related to the Company, including notably product updates and customer relationship management; (and/or)
4. c) for the purpose of collecting information that allows us to improve the Site and our Products (notably through cookies).

The collected data is processed by the contractual service providers of the Site who are responsible for the packaging and distribution of the ordered Products as well as by the hosting provider, Shopify Inc., whose servers are secured and protected by a firewall.

The collected data is retained by the Company only for the time corresponding to the purposes of the above collection and shall not exceed five (5) years in any case.

In accordance with Law No. 2018-493 of June 20, 2018, relating to the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation (GDPR), the Client has the right of access, modification, rectification, deletion, or objection for legitimate reasons regarding their data.

The Client can exercise their rights by email at info@thecutebabys.com

Article 13 – User Comments and Other Proposals

If the Client sends ideas, proposals, or other items, whether online, by email, by mail, or otherwise (collectively, "comments"), at the request of the Company or not, the Client grants the Company the right, at all times, and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any media any comment that the Client sends.

The Company is not and shall not be required (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comments provided; (3) to respond to comments.

The Company may monitor, modify, or delete content that it deems, in its sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene, or otherwise unlawful, or that infringes any intellectual property or these General Terms and Conditions of Sale.

The Client agrees to write comments that do not violate the rights of third parties, including copyright, trademarks, privacy, personality, or other personal or property rights. The Client agrees not to write in its comments any illegal, defamatory, offensive, or obscene content, and that they will not contain computer viruses or other malware that could affect the operation of the Site or other associated websites. The Client agrees not to use a false email address, impersonate someone else, or attempt to mislead the Company and/or third parties regarding the origin of its comments.

The Client is fully responsible for its published comments and their accuracy. The Company assumes no responsibility and disclaims any commitment regarding comments published by the Client or third parties.

Article 14– Independence of clauses

If any provision of the GTCs is found to be illegal, null, or for any other reason unenforceable, then that provision shall be deemed severable from the GTCs and shall not affect the validity and enforceability of the remaining provisions.

These GTCs replace all prior or contemporaneous written or oral agreements. The GTCs are not assignable, transferable, or sublicensable by the Client itself.

A printed version of the GTC and all notices given in electronic form may be requested in judicial or administrative proceedings related to the GTC. The parties agree that all correspondence related to these GTCs must be written in the French language.

Article 15 – Applicable law and mediation

The General Terms and Conditions of Sale are subject to Estonian law.

The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited or disputed credit card, stolen or forged. In this context, no attempt at amicable settlement will be accepted.

The fact that a clause of these General Terms and Conditions of Sale becomes null and unenforceable shall not affect the validity of the other provisions and shall not exempt the Client from fulfilling its contractual obligations.

Indemnity

You agree to defend, indemnify, and hold the Company, its affiliates, officers, subsidiaries, affiliated companies, successors, assigns, directors, executives, agents, service providers, attorneys, suppliers, and employees harmless from any claims or demands, including reasonable attorney's fees and court costs, caused by a third party due to or arising from your use of the website or our products and services, your violation of the terms, or your breach of your acknowledgments, agreements, representations, warranties, and obligations herein. 

National or cross-border disputes that may arise regarding the validity, interpretation, execution or non-execution, interruption or termination of this contract may be submitted to mediation at the Client's request.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, Médiateur agréé par la Commission d’Evaluation et de Contrôle de la Médiation de la Consommation (CECMC), est nommé en qualité de Médiateur de la Consommation, pour faciliter la résolution des litiges entre la Société et ses Clients, pour une durée de trois (3) ans à compter du [01/05/2019].

The European Commission's website describes the mediation process used and allows Clients to submit an online request for mediation accompanied by supporting documents.

The dispute cannot notably be examined by the Mediator if:

- the Client does not justify having attempted, beforehand, to resolve their dispute directly with the Company through a written complaint,

- the request is manifestly unfounded or abusive,

- the dispute has been previously examined or is under examination by another mediator or by a court,

- the consumer has submitted their request to the mediator more than a year after their written complaint to the Company,

- the dispute is not within its scope of competence.

Mediation is free for the Client. If the Client engages, at any stage of the mediation, a lawyer, a third party of their choice, or an expert to defend them, they will bear the costs alone.

The Mediator may not receive any instructions from the parties nor be compensated based on the outcome.

Participation in mediation does not exclude the possibility of recourse to a court. The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions. In the event of a dispute before a judge, jurisdiction is assigned to the competent Estonian court.

The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited or disputed credit card, or with a stolen or forged check. In this context, no attempt at amicable settlement will be accepted.

The fact that a clause of these General Terms and Conditions of Sale becomes null and unenforceable shall not affect the validity of the other stipulations and shall not exempt the Client from fulfilling their contractual obligations.

Parts warranty:

The warranty is limited to 30 days from the date of purchase under normal conditions of use and excludes any failure caused by an external factor. In these conditions, the seller agrees to replace the defective part.

All rights reserved – [01/05/2019]

Article 16: SMS Policy 

 

SMS Policy:

 

By consenting to SMS marketing from kitchygoods.com at checkout and initiating a purchase or subscribing via our subscription tools, you agree to receive recurring SMS notifications (for your order, including abandoned payment reminders), SMS marketing offers, and transactional SMS, including requests for review from us, even if your mobile phone number is registered on a national or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

 

If you wish to unsubscribe from receiving marketing messages and notifications via SMS, reply STOP to any mobile message sent by us or use the unsubscribe link we provided in one of our messages. You understand and agree that alternative withdrawal methods, such as using alternative words or requests, will not be considered a reasonable means of withdrawal. We do not charge for the service, but you are responsible for all fees and charges associated with text messaging imposed by your wireless service provider. Message and data rates may apply.

 

For any questions, please text HELP to the number from which you received the messages. You can also contact us via the contact form or by email at info@thecutebabys.com for more information.

 

We have the right to modify any phone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a phone number or short code we have modified, including requests to STOP or HELP, may not be received, and we will not be obligated to honor requests made in such messages.

 

To the extent permitted by applicable law, you agree that we will not be liable for the failed, delayed, or misdirected delivery of any information sent via the service, any errors in such information, and/or any action you may or may not take in reliance on the information or the service.

 

Your right to privacy is important to us. You can review our privacy policy to determine how we collect and use your personal information.