Terms and Conditions

General Terms and Conditions of Sale of Papado®

ARTICLE 1: GENERAL PROVISIONS

These terms are concluded between the company MAJA, RCS no. 532 382 595 – SIRET 532 382 595 00025
Website creator: Agence Colibri (hereinafter referred to as “PAPADO”), and any person wishing to make a purchase (hereinafter referred to as the “Client”) via the website https://papado.fr (hereinafter referred to as the “Site”). PAPADO and the Client shall be referred to together as the “Parties”.

Clients are consumer clients. Only a natural person acting for private purposes or for purposes not falling within the scope of a commercial, industrial, craft or liberal activity is considered a “consumer” within the meaning of these terms.

These terms constitute a distance selling contract defining the rights and obligations of PAPADO and the Client for the sale of the products listed on the Site, namely clip-on toilet glasses and related accessories. They mainly concern purchases made by Clients located in France and delivered in France.

They cancel and replace previously applicable terms. PAPADO reserves the right to adapt, modify or update its general terms and conditions of sale at any time. In any event, the applicable terms are those in force on the date the order is placed by the Client.

Placing an order implies full and unconditional acceptance of the Client of the general terms and conditions of sale set out below, to the exclusion of any other documents such as brochures, promotional catalogues or product descriptions issued by PAPADO which have only indicative value. In this regard, validating the order confirms the Client’s full acceptance of these terms. The provisions of these general terms cannot be modified by contrary provisions without the express written agreement of the Parties.

The fact that one of the Parties does not enforce one of these conditions at a given time cannot be interpreted as a waiver of the right to enforce it later. The cancellation of one clause of these general terms shall not affect the validity of the terms as a whole.

ARTICLE 2: ORDER

The Client declares having the capacity to enter into this contract, meaning being of legal age and not under guardianship or trusteeship.

The Client shall place an order in accordance with the instructions provided on the Site. They undertake to fill in the order while providing necessary, complete, and accurate information. In any case, the Client is responsible for the information entered when placing the order. In case of error in the recipient’s details (name, address, etc.), PAPADO cannot be held liable for any delays in delivery.

The steps to conclude the sale on the Site are as follows:

2.1. Selection of items / Creation of basket

After clicking on the “ADD TO CART” icon and checking and possibly modifying the details of the order (item, quantity, price, etc.), the Client validates the content of their basket by clicking on the “PROCEED TO CHECKOUT” icon.

Information on the availability of the item(s) is provided when selecting the products.

2.2. Identification / Login

If the Client is already registered on the Site, they fill in the required fields with their identifier and personal password.

If the Client is not yet registered, they fill in the fields necessary to process their order (name, first name, full delivery address, email and phone number) and may create an account.

2.3. Order validation

The Client may, before validating their Order, check the details and total price and correct any errors before confirming acceptance.

The Client chooses their delivery method and payment method.

The Client declares having read and accepted the general terms and conditions by ticking the corresponding box;

The Client confirms the order by clicking on the corresponding tab.

2.4. Payment

After confirming the content of the order, the Client proceeds to payment on PAPADO’s secure bank server.

The Client’s order becomes final only upon payment. Payment formalizes the distance selling contract concluded with PAPADO.

Once the order is paid, the Client may print the order summary page. In any event, the Client will receive an order confirmation email along with the withdrawal form no later than at the time of delivery. This order summary must be kept, as it constitutes proof of the order and the contract between the Parties.

PAPADO reserves the right not to accept an order for a legitimate reason such as supply difficulty, issue concerning understanding of the received order, foreseeable delivery issue, or abnormal quantity regarding usual consumer needs. PAPADO will inform the Client by email. It may also decline any request deemed excessive or outside common law and/or these terms or in case of ongoing dispute with the Client.

ARTICLE 3: PRESENTATION AND AVAILABILITY OF PRODUCTS

3.1. Product presentation

PAPADO takes great care in providing information regarding essential characteristics of products through descriptions and photographs. In any event, PAPADO’s liability cannot be engaged for potential changes or errors in product descriptions unless the product’s essential features are affected.

3.2. Product availability

Products are offered for sale within available stock limits and PAPADO’s supply capabilities.

Product availability is indicated during product selection, subject to potential synchronization errors in PAPADO’s system. If a product is unavailable at preparation time, PAPADO will contact the Client as soon as possible to indicate the delivery timeframe. If too long, the Client may cancel the order and will be refunded promptly.

The Client is informed that necessary spare parts for use of the Products sold on the Site are available on the market for 6 months.

ARTICLE 4: PRICE / PAYMENT

Products are invoiced according to the rate in force on the Site on the day of sale. Prices are in euros and include all taxes, with VAT applicable at billing date. Prices do not include delivery fees, which are charged in addition and clearly shown before validation of the order.

PAPADO may modify its prices at any time. However, no modification can apply after the order has been placed.

Orders are payable in euros, in full and upfront. The total price and additional fees are shown at the end of the online order before validation.

Payment is made by credit card on PAPADO’s financial partner’s website.

ARTICLE 5: DELIVERY /RECEIPT

5.1. Delivery locations

Delivery is made to the address indicated by the Client when placing the order. Under no circumstances may PAPADO be held liable in the event of delay and/or non-delivery resulting from a false or incorrect address, or an address to which delivery proves impossible.

As a reminder, the products are offered for sale for online purchases mainly shipped within France. PAPADO therefore reserves the right to refuse any order for which the delivery address is not located in France.

5.2. Delivery times

The delivery times for the products are provided for information purposes only, unless PAPADO has expressly and in writing committed to fixed dates and times.

PAPADO cannot be held liable for any delay or failure in delivery due to a case of force majeure, as set out in Article 8 of these terms, or due to a fault of the Client.

In any event, if delivery is not made within the period expressly agreed, or if no delivery time has been agreed, and if delivery has not occurred within 30 days at the latest after the conclusion of the contract, the consumer Client may formally request PAPADO, by registered letter with acknowledgement of receipt, to proceed with delivery within an additional reasonable period. If PAPADO fails to perform within this new period, the consumer Client may terminate the contract by registered letter with acknowledgement of receipt. The contract will be considered terminated upon receipt by PAPADO of this letter, unless PAPADO has performed in the meantime; the sums paid by the consumer Client will then be refunded, without interest or compensation, within 14 days at the latest following the date on which the contract was terminated.

5.3. Delivery / receipt terms

Transport is carried out by a logistics service provider, by “Lettre verte” or “Colissimo”, depending on the nature of the products ordered.

The Client must personally ensure receipt of the ordered products. The Client undertakes, where applicable, to sign the delivery note for the products.

Each delivery is deemed to have been made once the products have been physically handed over to the Client, as evidenced by the control system used, such as the tracking system available on La Poste’s website for “Colissimo”.

It is the Client’s responsibility to check the packaging of the products, their quantity and their apparent condition on the day of receipt. This verification is considered to have been carried out as soon as the Client, or a person authorised by them, has signed the delivery note. In the event of dispute, damage to the product during transport, loss, missing items or delay, it is the Client’s responsibility to set out any objections or reservations in writing and to confirm them by registered letter with acknowledgement of receipt within 3 (three) days, excluding public holidays, following receipt of the products. A copy of this letter must be sent to PAPADO, and any anomaly must in all cases be reported by the Client to PAPADO under the conditions set out in Article 7 of these terms.

In accordance with Article L. 121-105 of the French Consumer Code, when the Client personally takes delivery of the transported goods and where the carrier cannot prove that they gave the Client the opportunity to effectively check their good condition, the above-mentioned period is extended to 10 (ten) days.

If the Client is absent at the time of delivery, a delivery notice may be left in the letterbox: the parcel can then be collected from a designated location within 15 days following the deposit of this notice. If this period is exceeded, the parcel will be returned to PAPADO at the Client’s expense. PAPADO will then contact the Client regarding a possible reshipment of the order, at the Client’s request and at their expense.

ARTICLE 6: RIGHT OF WITHDRAWAL OF THE CONSUMER CLIENT

6.1. Pursuant to Article L. 121-21 of the French Consumer Code, the consumer Client has a withdrawal period of 14 clear days from, at their choice, the date of receipt of the products or the conclusion of the contract.

To exercise their right of withdrawal, the consumer Client must, within the above-mentioned period, send PAPADO a written statement clearly expressing their wish to withdraw or return the standard withdrawal form to the contact details indicated in Article 12 of these terms.

The consumer Client must return the products to the address indicated in Article 12 of these terms within 14 days of notifying their decision to withdraw, in perfect condition and in their original packaging, unused, without any marks or traces, and with all accessories where applicable.

The cost of returning the products shall be borne by the consumer Client.

If all the conditions required for the return of the products are not met, PAPADO may deduct from the sums to be refunded, where applicable, an amount corresponding to the selling price of the missing or possibly damaged products. The Client must in particular take care not to stick labels or otherwise alter the Products before being certain that they will not be returned under the right of withdrawal. In any event, any damaged product (scratched, broken, etc.) will be destroyed and will not be refunded.

6.2. PAPADO undertakes to reimburse the consumer Client within 14 days from receipt of the consumer Client’s decision to withdraw. However, PAPADO is entitled to defer this reimbursement until the products have been recovered or until the consumer Client has provided proof of shipment of the products.

The reimbursement is made directly to the bank account of the consumer Client, using the same means of payment as that used for the purchase of the products concerned, unless the consumer Client expressly agrees to the use of another means of payment.

6.3. For hygiene reasons, brushes are neither taken back nor exchanged.

ARTICLE 7: CLAIMS, LIABILITY AND STATUTORYWARRANTIES

7.1. Statutory warranties

PAPADO is subject to the statutory warranties in force, namely the legal guarantee of conformity (Articles L. 211-4 et seq. of the French Consumer Code) and the legal guarantee for hidden defects (Articles 1641 et seq. of the French Civil Code).

When acting under the legal guarantee of conformity, the consumer Client:

– has a period of 2 years from delivery of the goods to take action;

– may choose between repair or replacement of the goods. However, PAPADO may decide not to proceed in accordance with the consumer Client’s choice if that choice entails a manifestly disproportionate cost compared to the other option, taking into account the value of the goods or the importance of the defect.

– is exempted from proving the existence of the lack of conformity of the goods for 6 months from the delivery of the goods.

The legal guarantee applies independently of any commercial guarantee that may have been granted.

When acting under the guarantee for hidden defects, the consumer Client may choose between cancellation of the sale or a reduction in the sale price, in accordance with Article 1644 of the French Civil Code.

7.2. Without prejudice to any reservations made to the carrier, claims regarding apparent defects or non-conformity of the delivered products with the ordered products must be submitted to PAPADO in writing within 8 (eight) days from receipt of the products.

Except where the claim is made within 6 (six) months of delivery of the products, it is the responsibility of the consumer Client to provide any evidence as to the reality of the defects or anomalies observed. The Client must give PAPADO every opportunity to ascertain these defects or anomalies.

Any return of products must be expressly approved by PAPADO. The products must be returned in perfect condition and in their original packaging, with all accessories where applicable (including the instructions for use).

The return will, where applicable, give rise either to replacement of the products or to a refund to the Client, after qualitative and quantitative inspection of the returned products. The costs and risks of shipment and return shall be borne by the Client if non-conformity is not established.

7.3. Where PAPADO’s liability is incurred as a result of a fault attributable to it, compensation shall cover only the direct, personal and certain loss suffered by the Client. The amount of damages that PAPADO may be required to pay to the Client under the above conditions is in any event limited to the total amount of the order for the products concerned.

7.4. In any event, PAPADO declines all liability, in particular as regards the choice of products by the Client or any damage resulting from modifications made to the products or from failure to comply with the recommendations for use of the products.

PAPADO cannot be held liable for any temporary or permanent damage caused to the Client’s computer system or any loss or damage that may be suffered as a result of access to or browsing on the Site. The transmission of data via the Internet may cause errors and/or the Site may not always be available. Consequently, PAPADO cannot be held liable for the availability or interruption of the online service.

ARTICLE 8: FORCE MAJEURE

In the event that a case of force majeure prevents PAPADO from fulfilling its obligations, the contract will be immediately suspended from the time of notification by PAPADO to the Client, made by any means. Likewise, PAPADO will inform the Client when this event ceases, and performance of the contract will then resume immediately as from the date of such notification.

ARTICLE 9: INTELLECTUAL PROPERTY

All content of the Site or of any advertising material (illustrations, texts, wording, trademarks, images, videos) is the property of PAPADO or is used with the authorisation of the respective rights holders. Any reproduction, in whole or in part, as well as the creation of hypertext links, is prohibited, unless PAPADO has given its prior express authorisation.

ARTICLE 10: PERSONAL DATA

PAPADO collects, records, modifies, uses and transfers Clients’ personal data in the context of fulfilling orders placed, managing customer relations, providing advice and customer services, as well as preserving PAPADO’s business interests, in particular for the purposes of preserving evidence.

When placing an order on our site, an invitation from CusRev (an independent third-party organisation) to review your order may be sent to you.

In accordance with French Act No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties (“Informatique et Libertés”), the personal data collected from Clients is subject to automated processing, within the framework of a file declared to the CNIL.

The processing of Clients’ personal data is intended for handling orders, information requests and Newsletter subscriptions, and more generally for managing the customer database. The Clients’ personal data is intended for PAPADO and any service providers or partners responsible for processing or analysing it for study purposes.

In all cases, the Client has a right of access, modification, rectification and deletion of data concerning them, in accordance with French Act No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties. To exercise this right, the Client simply needs to contact PAPADO using the contact details set out in Article 12 of these terms.

The Client may, in any event, object to the use of their personal data. The use of personal information for other purposes will only be possible where the Client has given their consent.

ARTICLE 11: APPLICABLE LAW – DISPUTES

The Parties agree that these terms and their consequences are governed by French law. The language of these terms and of the relations between the Parties is French.

The consumer Client is informed of the possibility, in the event of a dispute, of resorting to a conventional mediation procedure or to any other alternative dispute resolution method. In the absence of an amicable solution within 15 days, the Parties shall be free to bring the dispute before the competent courts.

ARTICLE 12: CONTACT

For any question or complaint relating to the products, to their order, to personal data, to the right of withdrawal or to the application of the warranty of the products, the Client may contact PAPADO at the following details:

By post: PAPADO La Radiguerie 61570 MORTREE

By telephone: 09 64 42 61 36

By email: agnes.lowe@orange.fr

ARTICLE 13: MANDATORY INFORMATION FOR CONSUMER CLIENTS

Pursuant to Article L. 211-15 of the French Consumer Code, Articles L. 211-4, L. 211-5 and L. 211-12 of the French Consumer Code, as well as Article 1641 and the first paragraph of Article 1648 of the French Civil Code, are reproduced below. The consumer Client expressly acknowledges having taken note of these provisions prior to placing their order.

Article L. 211-4 of the French Consumer Code: The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.

The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been made his responsibility by the contract or has been carried out under his responsibility.

Article L. 211-5 of the French Consumer Code: To conform to the contract, the goods must:

1° Be fit for the purpose usually expected of similar goods and, where applicable:

– correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;

– present the qualities that a buyer may legitimately expect having regard to public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2° Or present the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the seller’s attention and accepted by the seller.

Article L. 211-12 of the French Consumer Code: Any action resulting from a lack of conformity is time-barred after two years from delivery of the goods.

Article 1641 of the French Civil Code: The seller is bound by a warranty on account of hidden defects in the item sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lower price for it, had they known of them.

Article 1648 of the French Civil Code, paragraph 1: Any action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.