CGV

The present general terms and conditions of sale govern the online sale of products offered on the www.apheliote.com site, a micro-company registered in the national directory of companies and establishments as well as in the national register of commerce under the name of Céline Burel Gardeur and whose registered office is located at 26 rue Perey, 33000 Bordeaux.

Article 1 - Definitions and scope

1.1 Definition

"Order" means any purchase of Product (s) made and validated by the Customer on the Website www.apheliote.com. These Products and their characteristics are detailed on the Site.

"Products" means the products available for sale on the Website www.apheliote.com.

"Site" means the website of online sales www.apheliote.com.

"Customer" means any user of the site, professional, non-professional or consumer, who is legally capable of contracting, and - if applicable - has the powers to engage the legal person of public or private law, who orders a Product on the Site.

1.2 Scope of application

The purpose of these General Terms and Conditions of Sale is to define the terms and conditions applicable to the purchase of Products on the Site. They are applicable to any Order placed online by any Client and accepted by Céline Gardeur by sending an e-mail confirmation of the Order.

The Product Order is reserved to Customers who have read and accepted these General Terms and Conditions in their entirety and who have accepted them by checking the corresponding box when purchasing. Without this acceptance, the continuation of the Order and purchase is technically impossible.

Consequently, the finalization of the Ordering process on the Site constitutes express acceptance of the Customer's agreement to these Terms and Conditions of Sale.

Céline Gardeur reserves the right to modify these Terms and Conditions of Sale at any time, without prior notice, it being specified that such modifications will not be applicable to the Orders placed prior to such modifications. Céline Gardeur recommends that the Customer save and/or print these Terms and Conditions of Sale.

Article 2 - Description of products

In accordance with articles L111-1 and L111-2 of the Consumer Code, all the specific characteristics of the Products available are presented on the Site in order to enable the Customer to know, before validating the Order, the essential information of the Product he/she wishes to purchase.

The Products are manufactured manually in a specialized workshop from fabrics purchased from various suppliers and whose characteristics are indicated on the Site. Due to the manual manufacturing, the size of the Products may differ up to 2cm from the characteristics indicated in the size guide on the Site without this constituting a defect or non-conformity.

It is specified that the Products are not pre-washed and must be washed before their first use. Depending on the type of fabric used, the Products may bleed and shrink slightly. The Products must be washed at a maximum temperature of 30° C and must not be tumble dried. Ironing is possible on the fabric side of the Products, but not on the elastic side. 

The Products presented on the Site are valid only within the limits of available stocks. In the event of unavailability of a Product after the order, Céline Gardeur will inform the Customer as soon as possible so that it can, at its discretion, either modify its order or be refunded under the conditions referred to.

Céline Gardeur points out that the information available on the Site, in particular on the Products and their characteristics, is likely to change.

Article 3 - Order modalities

3.1 - Passation

The various stages of an Order are defined in detail on the Site throughout the entire Order process.

While browsing the Site, the User can place the Product of his choice in his shopping cart by clicking on the button "Add to cart".

At any time and until confirmation of the Order, the Customer may change his mind and remove the selected Product from his basket.

The Customer will have the possibility to check the details of his Order and its total price and, if necessary, to correct or modify it before confirming definitively his Order to express his acceptance. It is specified that the Products are only guaranteed once payment has been made and the Order validated.

Céline Gardeur will not be held responsible for typing errors by the Client. Once the desired Product has been added to the shopping cart, the User will confirm his order by:

- Completing all the information requested;

- Declaring that it accepts without reservation the entirety of the General Terms and Conditions of Sale;

- Validating it by payment.

The validation of the Order by the "click" of the Customer on the "Order" button implies acceptance of the price and characteristics of the Product purchased by the Customer.

Once the Order has been validated, it can no longer be modified.

It is specified that by placing an order, the Customer agrees to receive emails from Celine Gardeur to communicate with her on her Order.

3.2 - Order Confirmation

Céline Gardeur will send an e-mail confirmation of the Order containing the essential elements such as the details of the Products purchased, the number and price.

Any payment will result in the issuance of an invoice.

Céline Gardeur recommends that the Customer archive or print this e-mail confirmation of Order, the payment certificate and the invoice.

It is the Customer's responsibility to ensure that the electronic contact information he has provided when placing his Order is correct and that it will enable him to receive confirmation of his Order.

If the Customer does not receive this information, it is his responsibility to contact Céline Gardeur by e-mail via the contact form on the Site so that the latter can give him his order number.

Delivery times announced on the Site apply from the reception of the electronic mail confirmation of Order sent by Céline Gardeur, unless there is an explicit mention on the site of an additional delay due to Céline Gardeur's holidays, and unless payment by cheque is chosen. In the latter case, the delivery deadlines apply as from the reception of the cheque by Céline Gardeur, which will be the subject of a confirmation e-mail.

Article 4 - Receipt of the Order

The products ordered by the Customer will be delivered by the Post Office to the address indicated by the Customer at the time of his Order, except in the event of the choice of picking up the order in Bordeaux.

It is the Customer's responsibility to ensure that the contact details he/she provided when placing the Order are correct and that they will enable him/her to receive his/her Order.

In the event of choosing to collect the order in Bordeaux, it will be the Customer's responsibility to pick up his Order at the company's head office.

Delivery times announced on the Site apply from the reception of the electronic mail confirmation of Order sent by Céline Gardeur, unless there is an explicit mention on the site of an additional delay due to Céline Gardeur's holidays, and unless payment by cheque is chosen. In the latter case, the delivery deadlines apply as from the reception of the cheque by Céline Gardeur, which will be the subject of a confirmation e-mail.

Article 5 - Financial conditions and method of payment

6.1 - Prices

The price of the Products indicated on the Site is in Euros. It does not include delivery charges that appear on the summary of the Order.

Céline Gardeur reserves the right to change prices at any time and without notice but the price applicable to the Customer's Order will remain the one indicated in the summary of his shopping cart at the time of the validation of his Order and in his summary e-mail of Order.

The price takes into account any promotional codes which the Customer may benefit from and which are communicated to him during the Order process.

6.2 - Payment

The Product Price is either:

Paid in full when ordering by credit card (Carte Bleue, Visa, Eurocard/Mastercard network cards) by means of a secure payment system, or through a Paypal account;

Paid by cheque made payable to Céline Gardeur at the company's head office. Receipt of the cheque triggers an e-mail confirmation of receipt and the sending of the Order.

6.3 - Promotional codes

In order to benefit from its promotional code, the Customer must meet the conditions applicable to said promotional code.

Each promotional code is valid for a limited period of time and cannot be redeemed or exchanged for cash. 

Article 7 - Right of withdrawal

The Customer, if he is a non professional natural person, has a right of withdrawal in accordance with the provisions of article L221-18 of the Consumer Code. This right may be exercised within fourteen (14) clear days from the date of the Order by the Customer, without having to justify reasons or pay penalties, by sending an e-mail to Celine Gardeur via the contact form on the Site, provided that the Products are returned in perfect condition. This e-mail must include the number of the Order concerned and the contact details of the applicant (name, first name, e-mail). When this deadline expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day.

The Products must be returned with the purchase invoice. Damaged, dirty or incomplete products will not be accepted.

If the Customer exercises its right of withdrawal under the conditions mentioned above, Céline Gardeur will reimburse the Customer for the sums it has paid, no later than fourteen (14) days following the date on which Céline Gardeur has validated the return of the Product to the Company's registered office, with the exception of the cost of returning the Products, which are at the Customer's expense. The sums will be re-credited to the bank account corresponding to the credit card used (secured transaction) or by cheque.

Article 8 - Liability and guarantees

8.1 - Limitation of Liability

The Site may not be held liable for material damage related to its use. In addition, the Site User undertakes to access the Site using up-to-date, virus-free material and an updated, latest-generation browser.

Céline Gardeur cannot be held responsible for any direct or indirect damage caused to the User's equipment when accessing the www.apheliote.com site, resulting either from the use of equipment that does not meet the above specifications or from the occurrence of a bug or incompatibility.

Céline Gardeur is not responsible for malfunctions attributable to third-party software.

In no event shall Céline Gardeur be liable for any direct or indirect and/or consequential, foreseeable or unforeseeable damages (including the loss of profits or a chance...) resulting from the provision and/or use of, or the total or partial impossibility of using the Site for reasons beyond Céline Gardeur's control and/or presenting the characteristics of force majeure.

Céline Gardeur shall not be liable for any direct or indirect damage resulting from the Client's non-compliance with all or part of these General Terms and Conditions of Sale, or from a third party or force majeure as defined by case law.

Céline Gardeur cannot be held responsible and no compensation can be claimed for delays in delivery of the Product or any damage caused by force majeure as defined by case law.

Céline Gardeur declines all responsibility for any direct or indirect damages caused to the Clients, whatever their nature, resulting from the use of the Product.

8.2 - Guarantees

The Products offered for sale on the Site comply with the regulations in force in France. Products supplied by Céline Gardeur are entitled to the full benefit of the Products provided by Céline Gardeur without any additional payment, in accordance with the legal provisions:

the legal guarantee of conformity, for Products apparently defective, damaged or damaged or not corresponding to the Order under the conditions and within the deadlines provided for by articles L. 211-4 and following of the Consumer Code

the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and making them unfit for use, under the conditions and within the time limits provided for by articles 1641 and following of the Civil Code.

When acting on the basis of the legal guarantee of conformity, the Client shall

- has a period of two years from the date of delivery of the Product to act;

- may choose between repairing or replacing the Product, subject to the cost conditions set out in Article L. 211-9 of the Consumer Code;

- is exempted from reporting proof of the existence of the lack of conformity of the Product during the six months following its issue.

In the event that the action based on the guarantee of the hidden defects of the goods sold is brought by the Customer under the conditions provided for in articles 1641 and following of the Civil Code, the latter may request either the cancellation of the sale or a reduction of the selling price in accordance with article 1644 of the Civil Code.

Celine Gardeur will reimburse the Products deemed non-compliant or defective. Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed upon presentation of supporting documents. Refunds of Products deemed non-compliant or defective will be made as soon as possible and no later than 30 days after Céline Gardeur's discovery of the lack of conformity or latent defect. Reimbursement will be made by crediting the Customer's bank account or by bank cheque sent to the Customer. The commercial and legal guarantees of conformity cannot be implemented and Céline Gardeur's responsibility cannot be engaged in the following cases:

- Failure to comply with the washing conditions of the Products;

- Unsuitable use of the Products;

- Minimal non-conformity of the Products due to their manual manufacture (e. g. difference in dimensions, etc.).

Article 9 - Disputes

9.1 - Claims

Any request for information, clarifications and possible complaints should be sent to Céline Gardeur by e-mail via the contact form on the Site or by mail to the following address: Céline Gardeur, 26 rue Perey, 33000 Bordeaux.

9.2 - Applicable law and jurisdiction

The present General Terms and Conditions are subject to French law. In the absence of an amicable solution, any legal action is brought before the competent courts according to the rules of common law.

9.3 - Mediation

The Customer, in accordance with article L211-3 of the Consumer Code, is informed of the possibility of resorting, in case of dispute, to a conventional mediation procedure or to any other alternative dispute resolution method.

The Customer must have previously notified Celine Gardeur of a written complaint.

The Customer must submit his request to the competent mediator subject to compliance with the conditions of admissibility of his file and within a period of less than one year from the date of his written complaint to Céline Gardeur.

Article 10 - Evidence

The data recorded by Céline Gardeur constitutes proof of all transactions between Céline Gardeur and its Clients. The data recorded by the payment system shall constitute proof of financial transactions. By express agreement between Céline Gardeur and the Customer, the e-mails will be considered as authoritative between the parties as well as the automatic registration systems used on the Site, in particular as to the nature and date of the Order.

Article 11 - Protection of personal data

In accordance with article 32 of the French Data Protection Act of January 1978 modified by the law 2004-801 of August 2004, the information required to process and execute the Orders is indicated by an asterisk in the pages of the Site.

Other requests for information calling for an optional response, or information relating to the Customer's interest in the offers likely to be sent to him, are intended to get to know him better and to improve the services offered to him.

The information provided by the Customer in connection with the use of the Site is provided to Céline Gardeur.

Céline Gardeur may also use this data to communicate various information, in particular, commercial information (newsletters, email, etc.), subject to the Client's prior agreement.

The data collected may also be used for technical and statistical purposes, within the framework of the administration of the Site (frequency of consultation of the site, sales statistics, etc.). They may be communicated by injunction of a court, judicial or administrative authority.

In accordance with the French Data Protection Act of 6 January 1978 as amended, the Customer has the right to access, modify, rectify and delete data concerning him/her at any time. He may exercise this right by writing to Céline Gardeur, 26 rue Perey, 33000 Bordeaux. All applications must be accompanied by a copy of identification.

CGU

ARTICLE 1 - PURPOSE

The purpose of these General Terms and Conditions of Use (hereinafter referred to as the "General Terms and Conditions of Use" or "CGU") is to define the terms and conditions of use of the www.apheliote.com website, which is the property of Céline Burel Gardeur, a micro-company registered in the National Directory of Companies and Establishments as well as in the National Register of Commerce, whose registered office is located at 26 rue Perey, 33000 Bordeaux.

ARTICLE 2 - DEFINITIONS

Products "means the products sold on the Site, as they may be added, modified or deleted at any time by Celine Gardeur.

Services "means the content published on the Site.

Site "means the online sales website www.apheliote.com of which Céline Gardeur is the owner.

User "means any user of the Site, professional, non-professional or consumer, who browses the Site, acquires knowledge of the Services, or orders a Product offered on the Site.

ARTICLE 3 - COMPLIANCE WITH CGU

The use of the Site implies the acceptance of these CGU by the Users.

Céline Gardeur may make changes to the TOS at any time (including without limitation, changes to the Site and/or Services) by publishing a new version of the TOS on the Site. These modifications will come into force as soon as the new T&Cs are put on line on the Site and will be opposable to any User on that date.

The current CGU in force are those published on the Site on the day of the User's use of the latter.

ARTICLE 4 - CAPACITY

To order the Products on the Site, the User must be at least 18 years of age, legally able to contract and use the Site in accordance with these Terms and Conditions.

The User is responsible at all points for the use of the Site both on its behalf and on behalf of third parties for whom / in the name of which it acts. The User guarantees the truthfulness and accuracy of the information provided on the Site.

Any fraudulent use of the Site or that contravenes these Terms and Conditions of Use shall justify the User being refused access to the Services on the Site at any time, even if the latter has used or ordered via the Site, without prejudice to Céline Gardeur's right to seek compensation for damages before the competent courts.

ARTICLE 5 - REGISTRATION ON THE SITE - PERSONAL ACCOUNT

Access to the Site is possible for anyone who meets the conditions set out in Article 4 of the General Terms and Conditions, with a computer, tablet or smartphone and an Internet connection.

Certain Services placed online on the Site are reserved for Users who have previously created a personal account on the Site and who have an e-mail address for sending the order confirmation by e-mail.

The creation of an account on the Site is possible by clicking on the "My Account" icon on the top banner of the Site and is also offered when the User wishes to place an Order. This involves completing the information required on the registration form.

For this purpose, the User declares to provide complete and accurate personal information, up to date and up to date, in order to enable its precise identification in any situation.

When creating an account, the User chooses a username and password. The User undertakes to keep his username and password confidential.

The User shall also be required to update the information concerning him/her, including the e-mail address so that it is always accurate, up-to-date and complete.

This account will be accessible at any time by the User through his or her identifiers (except in inaccessibility under the conditions set out in Article 6 of the General Terms and Conditions below).

Any use of the username and password is presumed to be made by the User.

The User has the possibility to ask Celine Gardeur at any time to allow her to repeat her password, using the "forgotten password" function. He will then have to communicate the e-mail address referenced in his account on the Site and will receive an e-mail allowing him to reset his password.

The User is responsible for all actions carried out on the Site by means of his or her username and password. Any User registered on the Site will be bound for any order placed with the input of his identifiers, subject to the right of withdrawal where applicable in this matter and indicated in the General Conditions of Sale of each of the Services.

ARTICLE 6 - LIABILITY AND GUARANTEES

Céline Gardeur makes its best efforts to enable the User to access the Site at all times and without interruption. Nevertheless, the Site may be subject to interruptions, particularly in the following cases:

- due to anomalies, errors and/or bugs in the information, products, services and software provided by the Site that may affect navigation on the Site or the implementation of any functionality offered on the Site;

- if an interruption is necessary to correct these anomalies, errors or bugs;

- in the event that the Site encounters a malfunction or malfunction. If necessary, the User will be informed of the interruption of the Site by an error message.

Céline Gardeur will not be responsible for malfunctions attributable to third-party software.

In no event shall Céline Gardeur be liable for any direct or indirect, material or immaterial, foreseeable or unforeseeable damages (including the loss of profits or a chance...) resulting from the provision of the Services and/or the use of, or the total or partial impossibility to use the functionalities of, the Site for reasons beyond Céline Gardeur's control and/or presenting the characteristics of force majeure.

Céline Gardeur may not be held liable for any direct or indirect damage resulting from the User's failure to comply with all or part of this GTCU, or from a third party or force majeure as defined by case law.

The hypertext links on the Site allowing the User to be referred back to other Internet sites are for the sole purpose of facilitating the User's research. In any case, the User is warned of the limitations of the Internet, in particular, the risks of technical performance, the response time for consulting, querying or transferring data and the risks related to the security of communications.

Céline Gardeur makes every effort to provide on the www.apheliote.com site as accurate information as possible concerning the Products or Services. However, it cannot be held responsible for omissions, inaccuracies and deficiencies in the update, whether due to itself or to third parties providing this information. All the information indicated on the Site is given for information purposes only and is subject to change. The information on www.apheliote.com is not exhaustive. They are subject to changes that may have been made since they were put online.

SECTION 7 - COMPLAINTS

Any request for information, clarifications and complaints should be sent to Céline Gardeur by e-mail via the contact form on the Site or by registered letter with acknowledgement of receipt to the following address: Céline Gardeur, 26 rue Perey, 33000 Bordeaux.

The User, in accordance with the provisions of Articles L. 611-1 et seq. of the Consumer Code, is informed of the possibility of using a mediation procedure in the event of a dispute.

The User must have previously notified Celine Gardeur of a written complaint in accordance with the terms of this article. The User must submit his request to the competent mediator, in compliance with the applicable legal provisions and subject to compliance with the conditions of admissibility of his file, within a period of less than one year from the date of his written complaint to Céline Gardeur.

ARTICLE 8 - INTELLECTUAL PROPERTY

The Site, its content and all its constituent elements, are creations for which Céline Gardeur is the owner of all intellectual property rights and/or exploitation rights, in particular with respect to copyright, database law, trademark law.

The Site, as well as all accessible elements, software, databases, texts, information, analyses, images, photographs, graphics, graphics, logos, sounds, videos, and more generally all other data contained on the Site remain the exclusive property of Céline Gardeur or, where applicable, their respective owners who have granted Céline Gardeur the necessary rights of use and exploitation. All rights of reproduction are reserved. The User is granted a non-exclusive, non-transferable and non-transferable right of use of the Site and the data contained on the Site. The right thus granted consists of

a right to consult online the data and information contained on the Site, and to order the Products marketed there and to use the Services offered therein

a right of reproduction for private use consisting of printing and/or saving the data and information consulted. This right of use is for strictly private use only. Subject to this reservation, any reproduction, imitation and/or use of the contents of the Site for commercial or non-commercial use, and/or any breach of this article engages the criminal and/or civil liability of its author, Céline Gardeur reserving the right to bring any legal action against its author before the competent courts.

ARTICLE 9 - PROTECTION OF PERSONAL DATA

In accordance with article 32 of the French Data Protection Act of January 1978 modified by the law 2004-801 of August 6, 2004, the information required to process and execute the Orders is indicated by an asterisk in the pages of the Site.

Other requests for information calling for an optional response, or information relating to the User's interest in the offers likely to be sent to him, are intended to get to know him better and to improve the Services offered to him.

The information provided by the User in connection with the use of the Site is provided to Céline Gardeur.

If the User has expressly accepted the principle, Céline Gardeur may send by e-mail information intended to better understand the Services and the Site, as well as promotional offers.

When using the Site, the following may be collected: the URL of the links through which the user has accessed the Site, the user's Internet Protocol (IP) address and the user's access provider.

In any event, Céline Gardeur only collects personal information relating to the User for the purpose of certain services offered by the www.apheliote.com. site. The User provides this information in full knowledge of the facts, in particular when he or she selects them by himself/herself. It is then specified to the Site User whether or not he/she is obliged to provide this information.

In accordance with the French Data Protection Act of 6 January 1978, the User has the right to access, modify, rectify and delete data concerning him/her at any time. He may exercise this right by writing to Céline Gardeur, 26 rue Perey, 33000 Bordeaux. All applications must be accompanied by a copy of identification.

The site is not declared to the CNIL. No personal information of the User is published without his knowledge, exchanged, transferred, transferred, transferred or sold on any medium whatsoever to third parties. The databases are protected by the provisions of the Act of 1 July 1998 transposing Directive 96/9 of 11 March 1996 on the legal protection of databases.

ARTICLE 10 - APPLICABLE LAW

The present General Conditions of Use are subject to French law. Any dispute relating to their interpretation and/or execution shall be settled by the French courts in accordance with the ordinary law.