PREAMBLE
The company POLE BOX (« POLE BOX »), trading name 36 FACTORY, is a limited liability company with a capital of 10,000 euros, registered in the Lyon Trade and Companies Register under number 802 420 182, having its registered office at 5 quai général Sarrail (69006) Lyon, France, and having the intra-Community VAT number FR 15802420182, represented by its current manager, whose business is the retail, wholesale and semi-wholesale of textiles, accessories and all other related products.
These General Conditions of Sale (the "GCS") define the terms and conditions of sale applicable to any contract for the sale of services concluded off-premises between POLE BOX and any consumer or professional customer (the "Customer").
These GCS are written in French in their original version, which alone is authentic and prevails over any other version.
These GCS apply to the exclusion of all other conditions and are governed by articles L. 221-1 and subsequent of the French Consumer Code and articles L.441-1 and subsequent of the French Commercial Code.
Before placing an order for Products with POLE BOX, the Customer declares that he/she has read and understood the following provisions.
Consequently, placing an order implies the Customer's full and unreserved acceptance of these GCS. The fact of not exercising, at any time, a prerogative recognised by these GCS, or of not requiring the application of any stipulation of the said GCS may not under any circumstances be interpreted, either as a modification of the contract, or as an express or tacit waiver of the right to exercise the said prerogative in the future, or of the right to require the scrupulous performance of the commitments entered into herein.
The fact that POLE BOX does not avail itself at a given time of the clauses of these GCS shall not be interpreted as a waiver of their application.
In the event that any of the terms of the GCS are deemed illegal or unenforceable by a court decision, the other provisions will remain in force.
1. GENERAL PROVISIONS
1.1. Scope of the General Conditions of Sale
These GCS apply only to Products ordered, delivered and invoiced by POLE BOX in Metropolitan France, DOM-TOM and abroad.
1.2. Modification of the General Conditions of Sale
POLE BOX reserves the right to adapt or amend these GTC at any time. The applicable GTC shall be those in force on the date of the Customer's order.
1.3. Legal majority and capacity
The Customer declares that he/she is legally capable of entering into these GCS, meaning that he/she has reached the age of majority and is not under guardianship or curatorship.
1.4. Pre-contractual information
The essential characteristics of the Products sold by POLE BOX are presented to the Customer before the order, within the framework of the precontractual information which is communicated to him, which relate to the following elements:
- The essential characteristics of the Products sold to the Customer,
- Price and payment terms,
- Turnaround times,
- The existence and terms of any guarantees,
- POLE BOX's full contact details,
- The existence and terms of the Customer's right of withdrawal and,
- The possibility of recourse to a consumer mediator.
This information is reiterated on a durable medium given to the Customer at the time the order is placed.
2. PRODUCTS
2.1. Type of products
The company POLE BOX proposes to the professionals and private individuals the sale of textiles, accessories and all other derived products and the personalization by flocking of the products sold to the private individuals and the companies. Hereafter indicated, indifferently as, the "Products".
POLE BOX also offers its customers flocking services for their own products.
2.2. Subcontracting
For all or part of the services included in the order, POLE BOX reserves the right to use one or more subcontractors, which the Customer accepts without reservation.
3. ORDER
Prior to placing an order, POLE BOX undertakes to provide the Customer with all technical information necessary to enable the Customer to understand and make an informed choice of the Products to which the Customer is entitled.
It should be noted in advance that for orders of more than one hundred (100) items, a scrap rate of 5% is estimated. For orders of less than one hundred (100) items, the scrap rate is estimated at four (4) items.
3.1 Placing an order
The Customer may place an order:
- online, on the website accessible from the URL address https://shop.atelierdutextile.com/ and on the showcase websites hereinafter referred to, indifferently, as "the Websites".
Online ordering is carried out by creating a customer account via the "my account" section of the site or without creating a customer account and validating the products and services added to the shopping basket.
The online order cannot be modified once it reaches the "Processing in progress" stage.
- in Workshop, located at 36 avenue Joannes Masset 69009 LYON France.
3.2 Order validation
With the exception of the situation referred to in the following paragraph, the order is considered firm and final at the time of its validation by the Customer and the acceptance of payment, subject to the provisions relating to the "right of withdrawal" set out in Article 10 below.
POLE BOX undertakes to deliver orders within the limits of available stocks. If the Products ordered are not available, the Customer shall be informed as soon as possible and shall have the option of cancelling or modifying the order. In the event of cancellation, the Customer will be reimbursed within 14 days.
Where the order concerns a flocking service on a product belonging to the Customer, POLE BOX reserves the right to:
- Refuse the Order if flocking is not feasible on the product due to its material;
- Accept the Order with the Customer's consent for test flocking, subject to the signing of a waiver of liability for any damage to the Customer's product.
3.3 Order resolution by POLE BOX
The order may be cancelled by POLE BOX in the event of non-payment of the Price on the due date.
In this case, POLE BOX reserves the right to demand reimbursement from the Customer of any expenses incurred in connection with the order, upon presentation of proof.
POLE BOX reserves the right to cancel or refuse any order from a Customer for any legitimate reason such as:
- an order that does not comply with these GCS
- failure by the Customer to pay for a previous order.
- in the event of an ongoing dispute due to non-payment of a previous order by the Customer.
3.4 Modification or cancellation of the order by the Customer
Any correction or cancellation of an order requested by the Customer shall only be taken into consideration if it is received in writing prior to dispatch.
POLE BOX reserves the right to charge the costs incurred for the preparation or execution of the order change.
POLE BOX reserves the right to issue a credit note to the Customer in the event of a change to the order or in the event of a return for exchange.
In the event of error relating to the size of the ordered product, with the exception of the products carried out to measure, the Customer has a time of twenty (20) calendar days in order to exchange the ordered product.
The credit note issued by POLE BOX shall be valid for a period of twelve (12) months for all new orders placed on the Websites.
The credit issued by POLE BOX is not refundable.
4. PRICE
4.1 The prices
The prices of the Products are those in force on the day of the order. They are indicated in Euros, inclusive of all taxes. They take into account the VAT in force in France on the day of the order. Any change in the VAT rate may be passed on to the Customer.
Product prices for French Overseas Departments and Territories, Switzerland and other countries outside the European Union are quoted exclusive of tax.
Online orders for areas outside mainland France may be subject to taxes and customs duties.
4.2 Content of the price
The prices of the Products include the price of the goods, handling costs and delivery costs.
For certain Products, additional carriage costs will be added to the fixed carriage costs, the amount of which will be duly specified in the offer of sale. These costs shall be borne by the Customer.
5. THE PAYMENT
5.1. Deposit
For purchases made by a French company:
- Cash payment is required to validate orders of less than 800 Euros excluding VAT.
- Payment of a deposit equal to 50% of the total amount of the order is required for the validation of orders equal to or greater than 800 Euros excluding VAT. The balance will be paid on delivery or handover of the order.
For purchases made by a foreign company, cash payment is required to validate the order.
5.2. Terms of payment
The price or the balance is payable on the date of receipt of the invoice by the Customer.
An invoice is issued for each delivery and delivered at the time of delivery.
The Price is paid in Euros in one instalment by the Customer, at the time of purchase in the shop or online, using the following payment methods:
For online purchases:
- by bank card linked to a bank located in France,
- by bank transfer: the methods of payment by bank transfer are indicated on the online order summary page, once the method of payment has been selected and validated. The customer must indicate an order reference when making the transfer.
For in-store purchases:
- in cash or by bank card linked to a bank located in France.
There is no discount for early payment.
5.3. Payment due
Payment of the purchase price is due immediately on placing the order.
5.4. Late payment
Unless a deferment is requested in good time by the Customer and granted by POLE BOX, any delay or non-payment, whether in whole or in part, shall automatically and without prior notice result in:
• immediate payment of all sums due, regardless of the method of payment;
• For any professional, in addition to the late payment penalties, any sum, including the deposit, not paid on the due date will automatically give rise to the payment of a fixed penalty of 40 Euros to cover collection costs.
• the sending of a registered letter with acknowledgement of receipt, together with reminder charges invoiced to the Customer at a rate of €25 inc VAT;
• late payment interest calculated on a daily basis in an amount equal to 3 times the legal interest rate in force on the day of the order plus 10%;
• in the event of legal proceedings, compensation equal to 20% of the sums due, in addition to legal and late payment interest and any legal costs, will be payable as a penalty clause, without prejudice to other damages;
• the cancellation of any discounts granted by POLE BOX to the Customer.
6. TERMS AND CONDITIONS
6.1. Place of performance
The Products ordered shall be delivered to the address indicated by the Customer on the order, provided that the address falls within the authorised delivery areas specified in the offer for sale on the Websites.
For online purchases, in the event of an error or omission by the Customer in the communication of the delivery address, POLE BOX shall not be held liable for the impossibility of delivering the products ordered.
6.2. Turnaround times
POLE BOX undertakes to dispatch the products within a maximum of seven (7) days from receipt of payment for the order.
Delivery times depend on the quantity and volume of products ordered and are normally between 2 and 7 working days from the date of order. The delivery times are specified with the order for all the sales in shop and on the Internet Sites for the orders on line, and vary according to the volumes ordered.
POLE BOX will make its best efforts to respect the delivery times mentioned at the time of the order but these times remain indicative and variable according to the order book of POLE BOX.
POLE BOX reserves the right to postpone the initially planned date of intervention as often as necessary, in particular in the event of constraints beyond its control, such as supply difficulties on the part of suppliers, unfavourable weather conditions or insufficient personnel available to intervene.
Non-compliance with lead times shall not give rise to the payment of any compensation whatsoever to the Customer.
6.3. Risks
Products are delivered to the place agreed by the Customer on the order form. In all cases, the products travel at the Customer's risk, and it is the Customer's responsibility, in the event of damage or an incomplete order, to make any necessary observations and confirm any reservations by registered letter with acknowledgement of receipt to the carrier within three days of receipt of the goods.
6.4. Claims
Complaints about the quality of the Products must be made in writing by the Customer within thirty (30) days of the execution of the order by delivery of the product ordered to the following address: contact(@)atelierdutextile.com
It shall be incumbent on the Customer to provide any justification as to the reality of the defects observed. The Customer shall make it possible for POLE BOX to inspect and remedy the defects.
POLE BOX undertakes to remedy any defects found at its sole expense, if the Customer's complaint proves to be well-founded, within the strict limits of the quantity and quality of the service initially ordered by the Customer.
7. CONFORMITY
POLE BOX undertakes to perform its services in accordance with the state of the art and the regulations in force on the date of the order.
8. RIGHT OF WITHDRAWAL
In accordance with Article L. 121-28 of the Consumer Code, the right of withdrawal may not be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalised.
The Customer will not be able to exercise his right of retractation in the event of order of the Products of POLE BOX which are all by definition personalized on instruction of the Customer.
9. GUARANTEE AND USER INSTRUCTIONS
9.1. Extent
The products are guaranteed against any defect of material or manufacture for a duration of 2 years as from the date of forwarding of the order.
Under this guarantee, the only obligation incumbent on POLE BOX will be, at its option, the free replacement or repair of the product unless this method of compensation proves impossible or disproportionate.
In order to benefit from the guarantee, any product must be submitted to POLE BOX beforehand, whose agreement is essential for any replacement.
Any carriage costs shall be borne by the Customer, who shall not be entitled to claim any compensation for the unavailability of the product as a result of the application of the guarantee.
9.2. Exclusions
To ensure the longevity of the product, we recommend washing it inside out or by hand at a temperature not exceeding 30°C.
POLE BOX cannot be held responsible for variations in colour or washing behaviour.
The product guarantee applies only under the conditions of use recommended by POLE BOX.
The guarantee does not apply to visible defects.
Defects and damage caused by natural wear and tear, external accidents or modifications to the product not provided for or specified by POLE BOX are also excluded.
All products which are initially the property of the Customer on which POLE BOX has applied a personalisation service by flocking are also excluded from any guarantee.
10. RESERVE OF OWNERSHIP
The transfer of ownership of the goods to the Customer is subject to full payment of the price on the due date in the hands of POLE BOX. However, the risks are transferred to the Customer as of delivery.
11. INTELLECTUAL PROPERTY
The Customer shall not have any intellectual property rights in respect of the Products sold to it by POLE BOX.
On the other hand, the Customer shall remain solely responsible for the proper use of the images transmitted to POLE BOX for labelling the Products ordered. It shall therefore be incumbent on the Customer to ensure that all intellectual property rights of any drawings, logos and trademarks provided to POLE BOX for the branding of the Products ordered are respected.
In addition, any use by the Customer in any way whatsoever of any trademark belonging to POLE BOX or its suppliers and manufacturers is strictly prohibited.
12. PROTECTION OF PERSONAL DATA
POLE BOX declares that it complies with and undertakes to comply with the regulations relating to personal data in force in France, and in particular the European Data Protection Regulation of 27 April 2016 (RGPD) and the amended Data Protection Act of 6 January 1978.
At the time of the placing of the order, POLE BOX collects personal data with an aim of the conclusion of the sale contract, its execution, its management and the establishment of the invoices. POLE BOX may use the Customer's personal data for marketing purposes in accordance with the applicable legal provisions. The data collected in this context is as follows: surname, first name, postal address, telephone number, e-mail address and bank details of the Customer. The collection is based on the execution of the GTC.
At the time of collection, certain data must be filled in and are indicated by an asterisk, others are optional.
POLE BOX undertakes not to use the data collected for purposes other than those mentioned above (unless required by a competent judicial and/or administrative authority). The data is kept in an active database for 3 years from the last contact with the Customer, and in an archive database for a period of 5 years, the duration of the statute of limitations under common law.
The recipient of the data is POLE BOX which reserves however the right to transmit whole or part of the personal data of its Customers to its subcontractors for the needs for the GCS, and in particular of the execution of any order.
POLE BOX undertakes to take all necessary precautions to protect the security of the data transmitted and, in particular, to prevent it from being distorted, damaged or accessed by unauthorised third parties. The Customer has the right to ask POLE to access, rectify, delete or port their personal data.
The Customer may also request a limitation of the processing or object to the processing of data concerning him/her. They have the right to withdraw their consent to the processing of their data at any time.
The Customer may exercise this right by sending an e-mail to POLE BOX at the following address: contact(@)atelierdutextile.com, stating your full name, address, telephone number and e-mail address and specifying the purpose of the correspondence. The Client may be asked to provide proof of identity. Finally, the Client may lodge a complaint with the CNIL.
13. MAJOR FORCE
POLE BOX shall not be liable for any failure to fulfil its contractual obligations in the event of force majeure or unforeseeable circumstances, including, but not limited to, disasters, fires, internal or external strikes, internal or external failures or breakdowns, and in general any event preventing the proper execution of orders.
14. APPLICABLE LAW AND JURISDICTION
These GCS are governed by French domestic law, to the exclusion of any international agreement.
In the event of a dispute relating to these GCS, the parties will try as far as possible to resolve their dispute amicably.
Failing amicable settlement, the competent court will be the Lyon Commercial Court.
15. RECOURSE TO THE MEDIATOR
15.1. Consumer Mediator
As a "consumer" within the meaning of the preliminary article of the Consumer Code, the Customer shall first address his complaint directly by means of an e-mail addressed to POLE BOX at the following address: contact(@)atelierdutextile.com , indicating in the subject the words "Complaint".
If this attempt fails, the Customer may have recourse to a conventional mediation procedure or to any other alternative dispute resolution method, in particular by having recourse, free of charge, within one year of his complaint to the following consumer mediator:
CM2C - https://www.cm2c.net/
In order to resolve their dispute, Customers may also access the European online dispute resolution platform provided for in Regulation (EU) No 524/2013 of 21 May 2013 on the online settlement of consumer disputes, in particular cross-border disputes, by following the link http://ec.europa.eu/consumers/odr/
If this mediation fails, or if the Customer does not wish to have recourse to it, he remains free to submit his dispute to the competent courts.
15.2. Inter-professional mediator
If the Customer is a professional, in the event of a dispute relating to the interpretation or performance of their agreements, the parties shall seek an amicable settlement before taking any legal action and shall provide each other with all the necessary information for this purpose.
Failing amicable resolution, in the event of difficulties relating to the performance or interpretation of the GCS and the contract, the parties undertake, prior to any litigation or disciplinary action, to submit their dispute to CIMA (Centre Interprofessionnel de Médiation et d'Arbitrage, 176 rue de Créqui, 69003 Lyon, 04 78 28 26 70). The latter will endeavour to reconcile the parties and find an amicable solution within a maximum of 3 months from the date of referral.
This clause shall apply even in the event of summary proceedings, incidental claims, multiple defendants or third-party claims, and whatever the method and terms of payment, without any jurisdiction clauses that may exist in the Customer's documents preventing the application of this clause.
If mediation fails, the parties shall submit their disputes to the judicial courts, in which case the Lyon Commercial Court shall have sole jurisdiction.