GENERAL TERMS AND CONDITIONS OF SALE
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Effective as of 2024/11/09
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ARTICLE 1 – Scope of Application
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These General Terms and Conditions of Sale (hereinafter referred to as “GTCS”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (“Clients” or “the Client”), wishing to purchase the products offered for sale (“the Products”) by the Seller on the website https://www.happykreative.com/. The Products offered for sale on the site are as follows:
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mugs and phone cases
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The main characteristics of the Products, including specifications, illustrations, and dimensions or capacity of the Products, are presented on the website https://www.happykreative.com/ which the Client must review before ordering.
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The selection and purchase of a Product are the sole responsibility of the Client. Product offers are valid within the limits of available stock, as specified when placing the order.
These GTCS are accessible at any time on the website https://www.happykreative.com/ and will prevail over any other document.
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The Client declares having read and accepted these GTCS by checking the box provided for this purpose before implementing the online ordering process on the website https://www.happykreative.com/.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.
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The Seller's contact details are as follows:
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de Tarragon Marie-Aure 7 rue Simone iff 44000 Nantes Registration number: A 503 995 821 Email: nogarrart@gmail.com Phone: 0672671613 Intra-community VAT number: FR72503995821
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The Products presented on the website https://www.happykreative.com/ are offered for sale in the following territories: Europe.
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In the case of an order to a country other than mainland France, the Client is considered the importer of the Products concerned. For all Products shipped outside the European Union and overseas territories, the price will be automatically calculated excluding taxes on the invoice.
Customs duties or other local taxes or import duties or state taxes may be required. They will be the sole responsibility of the Client.
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ARTICLE 2 – Prices
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The Products are supplied at the current rates listed on the website https://www.happykreative.com/, at the time the order is registered by the Seller. Prices are expressed in Euros, excluding and including VAT. The prices take into account any discounts granted by the Seller on the website https://www.happykreative.com/.
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These prices are firm and non-revisable during their validity period, but the Seller reserves the right, outside the validity period, to modify prices at any time. The payment requested from the Client corresponds to the total amount of the purchase.
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An invoice is issued by the Seller and provided to the Client upon delivery of the ordered Products.
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ARTICLE 3 – Orders
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It is the Client's responsibility to select the Products they wish to order on the website https://www.happykreative.com/, according to the following procedures:
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The Client selects a Product, which they place in their cart, a Product that they can remove or modify before validating the order and accepting these general terms of sale. They will then enter their contact details or log into their account and choose the delivery method. After validating the information, the order will be considered final and will require payment by the Client under the conditions provided.
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Product offers are valid as long as they are visible on the site, within the limits of available stock.
The sale will only be considered valid after full payment of the price. It is the Client's responsibility to verify the accuracy of the order and immediately report any errors.
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Any order placed on the website https://www.happykreative.com/ constitutes the formation of a contract concluded remotely between the Client and the Seller.
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The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding payment of a previous order.
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The Client can track the progress of their order on the website.
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ARTICLE 4 – Payment Terms
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The price is paid through secure payment, under the following conditions:
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Payment by credit card
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The price is payable in full by the Client at the time of placing the order. Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions carried out on the website https://www.happykreative.com/.
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Payments made by the Client will only be considered final after actual receipt of the sums due by the Seller.
The Seller will not be required to deliver the Products ordered by the Client if the latter does not pay the price in full under the conditions above.
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ARTICLE 5 – Deliveries
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The Products ordered by the Client will be delivered to mainland France or the following zones:
Europe.
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Deliveries will occur within 7 to 10 days at the address indicated by the Client when placing the order on the website.
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Delivery consists of the transfer of physical possession or control of the Product to the Client. Unless there is a special case or unavailability of one or more Products, the Products ordered will be delivered in a single delivery.
The Seller undertakes to use their best efforts to deliver the Products ordered by the Client within the timeframes specified above.
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If the Products ordered have not been delivered within 60 days after the indicative delivery date, for any reason other than force majeure or the Client’s fault, the sale may be canceled at the written request of the Client under the conditions provided in Articles L 216-2, L 216-3, and L241-4 of the Consumer Code. The amounts paid by the Client will then be refunded no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.
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In case of a specific request from the Client regarding packaging or transport conditions of the ordered Products, duly accepted in writing by the Seller, the related costs will be subject to additional specific billing, based on a quote previously accepted in writing by the Client.
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The Client must check the condition of the delivered Products. They have 14 days from delivery to submit claims by registered mail or email, accompanied by all relevant evidence (photos, for example). After this period and failure to comply with these formalities, the Products will be deemed compliant and free of any apparent defect, and no claim will be validly accepted by the Seller.
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The Seller will refund or replace, as quickly as possible and at their expense, the Products delivered with proven non-compliance or defects, under the conditions provided in Articles L 217-4 and following of the Consumer Code and those provided in these GTCS.
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The risk of loss and deterioration will only transfer to the Client when they physically take possession of the Products. Therefore, Products travel at the Seller's risk.
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ARTICLE 6 – Transfer of Ownership
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The transfer of ownership of the Seller's Products to the Client will only take place after full payment of the price by the latter, regardless of the delivery date of the said Products.
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ARTICLE 7 – Right of Withdrawal
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According to the provisions of Article L221-18 of the French Consumer Code, "For contracts providing for the regular delivery of goods during a defined period, the withdrawal period runs from the receipt of the first good."
The right of withdrawal may be exercised online using the withdrawal form attached to these T&Cs and also available on the website, or through any other unambiguous declaration expressing the wish to withdraw, including by postal mail addressed to the Seller at the postal or email addresses indicated in ARTICLE 1 of the T&Cs.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.). In this context, the Client is liable for any depreciation of the Product resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the Product. In other words, the Client has the right to test the Product, but their responsibility may be engaged if they handle the Product in any way other than necessary.
The exchange (subject to availability) or refund will be made within 14 days from the Seller’s receipt of the returned Products by the Client, under the conditions set out in this article.
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ARTICLE 8 – Liability of the Seller – Warranty
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The Products supplied by the Seller benefit from:
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The legal guarantee of conformity, for Products that are defective, damaged, or do not correspond to the order;
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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 according to the terms defined in the French Consumer Code and the Civil Code.
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To assert their rights, the Client must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 14 days from the delivery of the Products or the discovery of hidden defects within the timeframes stipulated above and return the defective Products in the condition in which they were received, with all accessories (packaging, instructions, etc.).
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The Seller will refund, replace, or repair Products or parts under warranty found to be non-compliant or defective.
Shipping costs will be reimbursed based on the invoiced rate, and the return shipping costs will be reimbursed upon presentation of receipts.
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Refunds, replacements, or repairs of Products found to be non-compliant or defective will be made as quickly as possible and at the latest within 14 days following the Seller’s discovery of the non-conformity or hidden defect. This refund may be made by bank transfer or check.
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The Seller's liability cannot be engaged in the following cases:
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Non-compliance with the legislation of the country in which the Products are delivered, which the Client is responsible for verifying;
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In case of misuse, improper use, negligence, or lack of maintenance on the part of the Client, as well as in case of normal wear and tear of the Product, accident, or force majeure.
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The Seller's warranty is, in any event, limited to the replacement or refund of non-compliant or defective Products.
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ARTICLE 9 – Personal Data
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The Client is informed that the collection of their personal data is necessary for the sale of the Products and their delivery, as well as for the drafting of invoices. This personal data is collected solely for the purpose of executing the sales contract.
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The Client’s personal data is collected and processed by the Seller for the following purposes:
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Order processing, delivery management, and invoicing.
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The data collected is intended for internal use by the Seller. They may, however, be transmitted to third parties who are responsible for executing, processing, managing, and paying for orders, including transport companies or the payment service provider.
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The Client has the right to access, modify, correct, and oppose the use of their personal data, under the conditions defined by law and regulations. To exercise this right, the Client must write to the Seller at the following postal or email address: nogarrart@gmail.com.
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ARTICLE 10 – Intellectual Property
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The content of the website https://www.happykreative.com/ is the property of the Seller and is protected by French and international laws relating to intellectual property.
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Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of intellectual property.
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ARTICLE 11 – Force Majeure
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The parties will not be liable if the non-performance or delay in the performance of any of their obligations, as described herein, is due to a case of force majeure as defined by Article 1218 of the French Civil Code.
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ARTICLE 12 – Applicable Law – Disputes
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These General Terms and Conditions of Sale and the operations resulting from them are governed by and subject to French law.
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In the event of a dispute, the Client must first contact the Seller to seek an amicable resolution.
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All disputes to which the purchase and sale operations concluded pursuant to these general terms and conditions of sale could give rise, concerning their validity, interpretation, execution, termination, consequences, and follow-up, and which could not be resolved between the Seller and the Client, will be submitted to the competent courts under the conditions of common law.
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The Client is informed that they can, in any event, resort to conventional mediation, particularly with the Consumer Mediation Commission (Article L 612-1 of the French Consumer Code) or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in case of dispute.
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ANNEX I
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Withdrawal form
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This form must be completed and returned only if the Customer wishes to withdraw from the order placed on
order placed on https://www.happykreative.com/ unless exclusions or limits to the exercise of the right
of withdrawal in accordance with the applicable General Terms and Conditions of Sale.
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