Terms of sale

ladypeppershop.com (hereinafter referred to as "the Site") is published by Nadia LEONARD, a sole trader, whose Head Office is in Gironde, registered with the RCS of Bordeaux under number 792971053 (hereinafter referred to as "the Company").

ARTICLE 1 - SCOPE OF APPLICATION

The general terms and conditions of sale detailed below apply to all orders for goods and services placed with the company offered on the site www.ladypeppershop.com. They are permanently accessible on the latter.

The company reserves the right to adapt or modify these terms and conditions at any time, the version of the general terms and conditions of sale applicable to any transaction being that appearing online on the site www.ladypeppershop.com at the time of the order. Consequently, placing an order implies full and unconditional acceptance of these conditions.
Subject to any contrary provision of the law, the General Terms and Conditions applicable to the relations established between the company and the Customer (hereinafter, "the Customer") are those in force on the day the order is validated. They apply to the exclusion of all other conditions.

Since the company does not carry out any telephone canvassing, the provisions of the Consumer Code relating to telephone canvassing at home are therefore inapplicable to orders covered by these General Terms and Conditions.



ARTICLE 2 - ORDERS

Orders are placed exclusively on the Site. Connection and Internet access costs are the responsibility of the Customer.
Orders placed on the Site are subject to compliance with the procedure set up by the company, which is embodied in a series of different steps that the Customer must follow to validate their order. Any order validated by the Customer constitutes a sales contract and unconditional acceptance of all the General Terms and Conditions.

Under the law, the so-called "double click" process when validating the order, combined with the authentication and non-repudiation procedure, as well as the protection of the integrity of messages, constitutes an electronic signature, which has the same value between the parties as a handwritten signature. Unless proven otherwise, the data recorded by the company constitutes proof of all transactions between the company and its customers.

A confirmation of the order validated by the Customer will be sent to him by email prior to the shipment of the order, and will make the sale final subject to the right to exercise the right of withdrawal. To this end, the Customer formally accepts the use of email for the Company's confirmation of the content of his order. The version of the General Terms and Conditions applicable to a given order may be kept by the Customer by computer recording or printing on paper.

 

ARTICLE 3 – AVAILABILITY

The products offered for sale are those described on the Site on the day the Internet user consults the site, within the limit of available stocks. Sales are concluded subject to the actual availability of the products.

In the event that an ordered product proves to be unavailable, for reasons beyond the control of the Company, the Customer will be informed by email. The order will be automatically cancelled and refunded. The Company reserves the right to offer the Customer a replacement product of equivalent quality and price.

The company takes the greatest care in the presentation and description of its products to best satisfy the Customer's information needs. However, it is possible that non-substantial errors may appear on the Site, which the Customer acknowledges and accepts.

In any event, in the event of non-conformity of the product delivered in relation to its description on the Site, the Customer may either exercise his right of withdrawal or implement the guarantee of conformity of the company which will proceed, where applicable, either to the exchange or to the reimbursement of the price (in whole or in part) possibly invoiced.


ARTICLE 4 - PRICES AND TERMS OF PAYMENT

The company reserves the right to modify its prices at any time but the products will be invoiced on the basis of the rates in force at the time of validation of the order by the customer, subject to availability.

All prices displayed on the website are calculated with a value added tax included (French VAT or VAT of the member countries of the European Union at the rate in force). The prices displayed do not include participation in the processing and shipping costs which are the subject of a separate section at the time of the order, depending on the characteristics of the order and the country of destination. These costs are brought to the attention of the Customer before the order validation stage.

Orders to the European Union
On the website, product prices are indicated in euros, including French or EU VAT, and excluding shipping costs where applicable. The total price of the order (including French or EU VAT and shipping costs) is indicated at the time of order confirmation. At this stage of the order, if the Customer chooses a European Union member country as the delivery country, the VAT rate in effect in the chosen country is automatically updated, without changing the final price including tax for the Customer. Only shipping costs are additional.

Orders to International (outside the EU)
On the website, product prices are indicated in euros, including French VAT, excluding shipping costs. At the time of order confirmation, if the Customer indicates a delivery country outside the euro zone, the price is automatically calculated in local currency, according to the exchange rate in effect on the date. This price displayed in local currency does not include local VAT or shipping costs. Customs clearance, local VAT and payment of duties or any other types of miscellaneous import taxes are the responsibility of the Customer. The Company does not practice tax exemption.

Payment terms
The products are payable in cash on the day of the actual order. The products remain the property of the Company until full payment of the price.
Payment for purchases is made by Shopify payments, Paypal or by credit card. The debit of the card or Paypal account is made at the time of validation of the order.

The Customer expressly acknowledges that the communication of his credit card number to the company constitutes authorization to debit his account up to the amount of the products ordered.

The data recorded and stored by the company constitutes proof of the order and all past transactions. The data recorded by Paypal or Shopify, host of the website and payment service provider, constitutes proof of financial transactions.


ARTICLE 5 – DELIVERY

The delivery times indicated are in working days. Deliveries are provided by the services of La Poste Colissimo or Lettre Suivie, from Monday to Saturday.

Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residential address of the Customer, of a natural person of his choice or of a legal entity (delivery to his company). No deliveries will be made to hotels or PO boxes.

Orders are shipped no later than 72 working hours after the order. In order to meet these deadlines, the Customer must ensure that he has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.). In the event of inaccurate or incomplete information, the second shipment is the responsibility of the Customer.

The times indicated are indicative times, corresponding to the average processing and delivery times. The company cannot be held responsible for the consequences due to a delay in delivery that is not its fault.

In the event of an abnormally long delivery time or non-receipt of ordered products, the Customer can contact customer service by email at info@ladypeppershop.com. An investigation will then be opened with La Poste Colissimo in order to locate your package. The duration of this investigation can vary from 3 weeks to 1 month, depending on the period.

The investigation can generate four results:

a If the package is found, it will be immediately reshipped to the address indicated when ordering, at the Company's expense

b If the package is returned to the sender due to a failure by the Customer (incomplete address or package not collected from a postal point), the Customer can avoid the second shipping costs and request a reshipment or request a voucher, once the product has been returned to the sender. The Customer will not be able to request a refund if he is responsible for the non-completion of the delivery

c If the package is declared lost by La Poste Colissimo, the products will be reshipped (within the limit of available stocks) or refunded

d If the package is declared delivered by La Poste Colissimo, no recourse on the part of the Customer will be accepted.

No refund or return of the products can be made before the investigation is closed.

 

ARTICLE 6 – EXCHANGES, REFUNDS AND RETURNS

6.1 Geographic areas
In application of articles L.121-20 and following of the Consumer Code, the Customer may request a refund or exchange within 14 days of receiving their order. The first return of the product(s) is the responsibility of the Company for orders to Metropolitan France, which sends a return slip to the customer. For orders to the EU or International (outside Metropolitan France), the return is the responsibility of the customer.

6.2 Return conditions
The product(s) must be returned in its (their) original packaging, in its (their) original condition, new, unworn, unwashed. If these conditions are not respected, the Company reserves the right to refuse the return of the product, and the customer will not be able to request a return to its attention of the product whose return was refused. In case of doubt, the customer must contact customer service and send them photos of the product they wish to return, prior to returning their order.

The customer must also attach a copy of the invoice or any other element allowing the order in question to be identified. After an initial exchange or a request for a credit note, it is no longer possible to obtain a refund for your order.

6.3 Special cases
In the event of an order benefiting from a promotional offer, the exchange or return of the product is the responsibility of the customer. A product offered as part of an offer cannot be exchanged, returned or refunded

Defective product
Any reservations about the condition of the products (e.g. open or damaged package) must be notified immediately within 48 hours of receiving the order.

The return costs are the responsibility of the Company if the delivered product is defective or if the wrong reference was sent.

If the Customer fails to comply with these conditions, in particular the return or exchange conditions, the Company will not be able to refund the Products concerned.



ARTICLE 7 - COMPLIANCE & GUARANTEES

The photos are provided for illustrative purposes. The Customer is invited to refer to the description of each product to find out its precise characteristics. In case of doubt, or to obtain additional information, it is possible to contact customer service by email at info@ladypeppershop.com.
The company undertakes to reimburse the Customer or to exchange products that are apparently defective, damaged or damaged or that do not correspond to the order. In this case, the Customer must provide a detailed written statement of the situation and return the product(s).

In any event, the customer benefits from the legal guarantees of conformity and hidden defects, in accordance with the legal provisions in force:
Reminder of Articles L.211-4, L.211-5 and L.211-12 of the Consumer Code, and Articles 1641 and 1648, first paragraph, of the Civil Code:
“Article L.211-4 of the Consumer Code: the seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed at his expense by the contract or has been carried out under his responsibility. »

« Article L.211-5 of the Consumer Code: To comply with the contract, the good must:
1° Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »

« Article L.211-12: The action resulting from the lack of conformity is prescribed by two years from the delivery of the good. »

« Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects in the thing sold that make it unfit for the use for which it is intended, or that so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them. »

« Article 1648 of the Civil Code, first paragraph: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. »

« The seller is bound by the warranty for hidden defects in the thing sold that make it unfit for the use for which it is intended, or that so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them. »

In order to assert his rights, the Customer must inform the Seller, in writing (email or letter), of the non-conformity of the Products or the existence of hidden defects from the time of their discovery. Proof (photo) may be requested from the customer. The Seller will refund or replace Products under warranty deemed non-compliant or defective. Shipping costs will be borne by the Company.

Refunds or replacements of products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 working days following the Seller's discovery of the lack of conformity. This refund will be made by the payment method used for the purchase.

The Seller shall not be held liable in the following cases:

non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,
in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.

The photographs and graphics presented on the site are not contractual and shall not engage the Seller's liability.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant Products.



ARTICLE 8 - LIABILITY

The company has, for all stages of access to the site, from the ordering process to the dispatch of the package or subsequent services, only an obligation of means. The Company shall not be held liable for any inconvenience or damage inherent in the use of the Internet, including a service outage, external intrusion or the presence of computer viruses, or any event deemed to be force majeure, in accordance with the law and case law.

In the event of the occurrence of a force majeure event, the party concerned must inform the other party within fifteen (15) days of the occurrence of this event, by email or registered letter with acknowledgment of receipt. Expressly, the following are considered to be cases of force majeure or unforeseeable circumstances, in addition to those usually accepted by the case law of French courts and tribunals: total or partial strikes, border closures, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, blockages of means of transport or supplies for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer failures, blockages of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal execution of the contractual relationship. All of the parties' obligations will be suspended for the entire duration of the force majeure event, without compensation. If the force majeure event continues for more than three months, the purchase in question may be cancelled automatically without compensation for either party.

 

ARTICLE 9 - INTELLECTUAL AND INDUSTRIAL PROPERTY

All illustrations, images, characters, presentation methods, graphics, characters of the Site are and remain the exclusive property of the Company or the holders of said rights having granted an exploitation right to the company. Any reproduction, representation or use of said rights by a Customer will constitute a fault giving rise to legal proceedings.


ARTICLE 10 - DATA PROTECTION, PERSONAL DATA

The information and data concerning the Customer are strictly necessary for the management of orders, the execution and monitoring of commercial relations, as well as for internal statistical purposes.
This data may be transmitted to the companies that participate in these relations (such as those responsible for the execution of services and orders) for their management, execution, processing and payment. This data is also retained in order to pursue security, identification, improvement and personalization objectives of services.
The Customer has the right to access, rectify and oppose personal data concerning him/her at any time. This right can be exercised by contacting our Customer Service by email at info@ladypeppershop.com.
The Customer may receive offers from the Company for products or services similar to those or those that have already been the subject of an order or newsletters. He/she will have the right to oppose them at any time without charge for the future, according to the terms specified in each mailing.

 

ARTICLE 11 – APPLICABLE LAW, DISPUTES

The contract formed by the acceptance of these General Terms and Conditions is subject to French law.
The language of this contract is French.
In the event of a dispute, the French courts will have sole jurisdiction.



ARTICLE 12 – MANDATORY LEGAL INFORMATION

The confidentiality of correspondence is not guaranteed on the Internet, it is up to each Internet user to take all appropriate measures to protect their own data and/or software from contamination by any viruses circulating on the Internet.

1° Publisher
Lady Pepper

registered with the RCS of Bordeaux under number 792971053

2° Host
Shopify Inc.151 rue O’Connor Ground floor Ottawa, Ontario K2P 2L8 Canada

3° Personal data

In accordance with the provisions of law n° 78-17 of January 6, 1978 relating to information technology, files and freedoms, the site has been declared to the CNIL (National Commission for Information Technology and Freedoms) under number 1798089. All information in your account is only used in the context of your commercial relationship with the Company. This information is never shared with third parties or resold. Finally, your banking information is never in our possession. Transactions are processed by Shopify Payment or Paypal.