Terms and Conditions
These Terms and Conditions of Sale are entered into, on the one hand, by ABCDaires SARL, a limited liability company with a share capital of €1,268, whose registered office is located in Marainviller, registered with the Nancy Trade and Companies Register under number B433291366, hereinafter referred to asAtelier des ABCDaireswhich operates the website abcdaires.com, and, on the other hand, by any natural or legal person wishing to make a purchase via the website abcdaires.com, hereinafter referred to as “the consumer.”
Any order placed for a product listed in the online store of theAtelier des ABCDaireswebsite (abcdaires.com) implies that these terms and conditions have been reviewed in advance.
Accordingly, the consumer acknowledges that they are fully aware that their acceptance of the terms and conditions set forth herein does not require a handwritten signature on this document, provided that the customer wishes to order the products offered through the website’s online store. The consumer has the option to save or print these general terms and conditions, provided that both the saving and printing of this document are the consumer’s sole responsibility. The online store established by ABCDaires SARL on the website includes the following information:
- Legal notice providing precise identification of the company ABCDaires SARL;
- Description of the key features of the properties offered;
- The price of the goods, in euros, as well as any applicable shipping costs;
- Information regarding payment, delivery, or performance terms;
- The existence of a right of withdrawal;
- The validity period of the offer or price.
- The terms for terminating a contract when it is open-ended or has a term of more than one year.
All of this information is provided in French.
The consumer hereby declares, first, that the purchase of products on the abcdaires.com website is not directly related to their professional activity and is limited to strictly personal use, and second, that they have full legal capacity to enter into these terms and conditions.
Article 1: Entire Agreement
These Terms and Conditions set forth the full scope of the parties’ obligations. Accordingly, the consumer is deemed to accept, without reservation, all of the provisions set forth in these Terms and Conditions. No general or specific terms and conditions contained in any documents sent or submitted by the consumer shall be incorporated herein if such documents are inconsistent with these Terms and Conditions.
Article 2: Purpose
The purpose of these Terms and Conditions is to define the contractual relationship applicable to any purchase made through the website in connection with the online sale of goods and services offered by ABCDaires SARL to the consumer. The purchase of a product through this website implies the buyer’s unconditional acceptance of these Terms and Conditions, which the consumer acknowledges having read prior to placing an order.
ABCDaires SARL reserves the right to modify these terms and conditions at any time in order to comply with new regulations or to improve the user experience on its website. Consequently, the applicable terms and conditions will be those in effect on the date the consumer places the order.
Article 3: Contractual Documents
This contract is comprised of the following contractual documents, listed in descending order of priority: these General Terms and Conditions; the purchase order. In the event of any conflict between the provisions contained in documents of different priority, the provisions of the document of higher priority shall prevail.
Article 4: Entry into Force and Duration
These Terms and Conditions take effect on the date of purchase, whether made online or by phone. These Terms and Conditions remain in effect for the period necessary to provide the goods and services purchased, until the warranties provided by ABCDaires SARL expire.
Article 5: Electronic Signature
The consumer’s “click” on the order form constitutes an electronic signature that has the same legal validity between the parties as a handwritten signature.
Article 6: Order Confirmation
The contract details will be confirmed by email no later than the time of delivery or, failing that, sent to the address provided by the customer on the order form.
Article 7: Proof of the Transaction
The electronic records stored in the computer systems of “ABCDaires SARL” under reasonable security conditions shall be considered proof of communications, orders, and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as evidence.
Article 8: Product Information
The products offered are those listed on the abcdaires.com website operated by ABCDaires SARL, while supplies last. ABCDaires SARL reserves the right to modify its product selection at any time.
Each product is presented on the website with a description that includes its main technical specifications (dimensions, intended use, composition, etc.), thereby complying with Article L 111-1 of the French Consumer Code, which requires that potential consumers be able to learn about the essential characteristics of the products they wish to purchase before placing a final order.
The photographs are as accurate as possible, but ABCDaires SARL assumes no liability for them.
Article 9: Price
Prices are listed in euros, inclusive of all taxes (TTC), and are valid only as of the date the consumer submits the order form. They do not include shipping costs, which are billed separately (see Article 12) and are displayed before the order is confirmed. Prices include the VAT applicable on the date of the order, and any change in the applicable VAT rate will be automatically reflected in the prices of products in the online store. Payment of the full price must be made at the time of ordering. Under no circumstances may the amounts paid be considered as deposits or down payments.
Article 10: Payment Method
To pay for their order, customers may choose from any of the payment methods listed on the order form. The customer warrants to “ABCDaires SARL” that they have the necessary authorization to use the payment method they have selected at the time of order confirmation. “ABCDaires SARL” reserves the right to suspend any order processing and delivery in the event of a refusal of credit card payment authorization by officially accredited organizations or in the event of non-payment. In particular, “ABCDaires SARL” reserves the right to refuse to make a delivery or fulfill an order from a consumer who has not paid for a previous order in full or in part, or with whom a payment dispute is currently pending.
Payment by check: The customer selects the products they wish to order and adds them to the “cart,” makes any necessary changes (quantities, product codes, etc.), and verifies the shipping address or enters a new one. Next, shipping costs are calculated and displayed to the customer, along with the name of the carrier. Next, the consumer selects their preferred payment method: “Payment by check.” Finally, the last step allows them to review all the information, read and accept these Terms and Conditions of Sale by checking the corresponding box, and then prompts them to confirm their order by clicking the “Confirm My Order” button. This final click constitutes the definitive conclusion of the contract. Upon confirmation, the consumer receives an order form confirming the registration of their order. To finalize payment and initiate order processing, the consumer must print this order form and send it, along with a check made payable to ABCDaires SARL, to the following address: Atelier des ABCDaires, 8 place de l’église, 54300 Marainviller. No cash payments should be sent. Only checks issued by a French bank will be accepted. Upon receipt of the check, the order will be processed and the customer will be notified by email. ABCDaires SARL will ship the products no sooner than 2 business days after the check corresponding to the order has cleared, subject to funds being available. Any order paid by check for which payment has not been received within 15 days of the order date will be automatically canceled.
Secure payment via PayPal or credit card (through the PayPal system): The customer selects the products they wish to order and adds them to the “cart,” makes any necessary changes (quantities, product codes), and verifies the shipping address or enters a new one. Shipping costs are then calculated and displayed to the customer, along with the name of the carrier. Next, the customer selects their preferred payment method: “Pay via PayPal.” The following step prompts them to review all the information, read and accept these Terms and Conditions of Sale by checking the corresponding box, and then invites them to confirm their order by clicking the “Confirm My Order” button. Finally, the consumer is redirected to the secure PayPal interface to safely enter their PayPal account or personal credit card information. If the payment is accepted, the order is recorded and the contract is definitively formed. Payment via PayPal or credit card is irrevocable. In the event of fraudulent use, the consumer may request cancellation of the card payment, and the amounts paid will then be credited back or refunded. The credit cardholder is not liable if it is proven that the disputed payment was made fraudulently, remotely, without physical use of the card. To obtain a refund of the fraudulent charge and any bank fees the transaction may have incurred, the cardholder must dispute the charge in writing with their bank within 70 days of the transaction, or up to 120 days if the contract between the cardholder and the bank so provides. The amounts debited are refunded by the bank within a maximum of one month after receipt of the cardholder’s written dispute. No fees for the refund of the amounts may be charged to the cardholder.
Confirmation of an order constitutes acceptance of these terms and conditions of sale, acknowledgment that the customer is fully aware of them, and a waiver of the right to invoke their own terms and conditions of purchase. All data provided and the recorded confirmation shall constitute proof of the transaction. If the consumer has an email address and has provided it on the order form, ABCDaires SARL will send confirmation of the order’s registration via email.
If a customer wishes to contact ABCDaires SARL, they may do so either by mail at the following address: Atelier des ABCDaires, 8 Place de l’Église, 54300 MARAINVILLER, FRANCE; by email at contact@abcdaires.com; or by phone at 04 78 37 10 36.
ABCDaires SARL retains full ownership of the products sold until full payment has been received, including the principal amount, fees, and taxes.
Article 11: Product Availability
The order will be fulfilled no later than 8 days from the day following the date on which the consumer placed the order. If the ordered product is unavailable, particularly due to our suppliers, the consumer will be notified as soon as possible and will have the option to cancel the order. The consumer will then have the option to request either a refund of the amounts paid within 30 days of payment, or an exchange of the product.
Article 12: Delivery Terms
Shipping costs on this website are a flat rate of €8 for delivery via La Poste, and €6 for pickup at a Mondial Relay location, within mainland France for orders under €60 (including tax), and free for orders of €60 or more (including tax) when picked up at a Mondial Relay location; €9 for all orders to neighboring EU countries.
For customers outside the U.S., please contact us before finalizing your order.
Products are delivered either to the address provided by the customer on the order form for any shipment eligible for tracked letter service (less than 3 cm thick), or to the Relais Colis pickup point closest to that address, exclusively within mainland France and certain neighboring EU countries. If the customer wishes to have a shipment delivered to their home address for any item that does not qualify for the tracked letter rate, they must contact us so that we can provide them with the additional shipping cost. The customer is required to check the condition of the packaging upon delivery and to report any damage to the carrier on the delivery slip, as well as to ABCDaires SARL, within one week.
However, as with any shipment, there may be a delay in delivery or the product may go missing. If delivery is delayed beyond the date we indicated in the shipping email, please notify us by sending an email. We will then contact the carrier to initiate an investigation. A postal or other investigation may take up to 21 days from the start date of the investigation. If the product is found during this period, it will be immediately re-routed to your home (in most cases). If, however, the product is not found by the end of the 21-day investigation period, the postal service or other carrier will consider the package lost.
Only then can we send you a replacement product at our expense. If the product(s) you ordered are no longer available at that time, we will refund you the amount for the products affected by the carrier’s loss. If the product(s) are still available but their selling price on the website has changed, we will apply the new selling price, either by refunding you the difference via check or by requesting an additional check for this price difference. We accept no liability for extended delivery times caused by the carrier, particularly in the event of lost products or a strike.
Section 13: Delivery Issues Caused by the Carrier
Any issues with the delivery (damage, missing items compared to the delivery slip, damaged package, broken items, etc.) must be noted on the delivery slip in the form of “handwritten reservations,” accompanied by the customer’s signature. The consumer must also confirm this issue by sending the carrier a registered letter with return receipt requested within two business days of the delivery date, detailing the aforementioned complaints. The consumer must send a copy of this letter by email to: contact@abcdaires.com.
or by regular mail to:
ABCDaires SARL
8 Place de l’Église
54300 MARAINVILLER
Section 14: Delivery Errors
14-a: The consumer must submit any claim regarding delivery errors and/or non-conformity of the products in terms of type or quality, as compared to the information on the order form, to ABCDaires SARL on the day of delivery or no later than the first business day following delivery. Any claim submitted after this deadline will be rejected.
14-b: You may submit this complaint to ABCDaires SARL by logging in to our website and going to the “Contact Us” section.
14-c: Any claim not filed in accordance with the procedures set forth above and within the specified time limits will not be considered, and ABCDaires SARL will be released from any liability toward the consumer.
14-d: Upon receipt of the complaint, ABCDaires SARL will assign an exchange number for the product(s) in question and will provide it to the consumer via email, fax, or telephone. A product may only be exchanged after the consumer has been assigned an exchange number in accordance with the procedure described above.
14: In the event of an incorrect delivery or exchange, any product to be exchanged or refunded must be returned to ABCDaires SARL in its entirety and in its original packaging, via certified mail, to the following address:
ABCDaires SARL
8 Place de l’Église
54300 MARAINVILLER
To be accepted, all returns must be reported in advance to the Customer Service Department of ABCDaires SARL.
Shipping costs are the responsibility of the customer, unless the shipment was sent in error.
Article 15: Right of Withdrawal
The consumer has 14 business days to return, at their own expense, any products that do not meet their expectations. This period begins on the day the consumer’s order is delivered. If this period expires on a Saturday, Sunday, or a public holiday, it is extended until the next business day. All returns must be reported in advance using our withdrawal form.
We do not accept returns for items cut to the customer’s specifications, such as fabrics, felt (excluding pre-cut sheets and assortments), wool, canvas, or ribbons.
Products such as sewing, embroidery, felt, or patchwork kits must be returned in perfect condition in order for the consumer to exercise their right of withdrawal. We will only accept returns of products that are returned in their entirety, in their complete original packaging, and in perfect condition for resale.
For any product that has been damaged in any way or stained, ABCDaires SARL reserves the right to deduct a portion of the refund amount.
If you have created a customer account, you can find your order number by logging in to our website and going to the “Track Your Order” section.
The product must be returned via certified mail to:
ABCDaires SARL
8 Place de l’Église
54300 MARAINVILLER
This right of withdrawal may be exercised without penalty, except for return shipping costs. If the right of withdrawal is exercised, the consumer may choose either a refund of the amount paid or an exchange of the product. In the case of an exchange, the consumer is responsible for the return shipping costs.
If the right of withdrawal is exercised, “ABCDaires SARL” will make every effort to refund the consumer within 14 days. The consumer will then be refunded via a credit to their bank account (secure transaction) if payment was made by credit card, or by check in all other cases.
Article 16: Force Majeure
Neither party shall be deemed to have breached its contractual obligations to the extent that their performance is delayed, hindered, or prevented by an unforeseeable event or force majeure. Any facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, beyond the parties’ control, and which cannot be prevented by the parties despite all reasonably possible efforts shall be considered an unforeseeable event or force majeure. The party affected by such circumstances shall notify the other party within ten business days of the date on which it became aware of them. The two parties shall then meet, within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract shall continue. If the force majeure event lasts for more than three months, these general terms and conditions may be terminated by the aggrieved party.
In addition to those generally recognized by the case law of French courts and tribunals, the following are expressly considered to be force majeure or unforeseeable events: disruption of transportation or supply chains; earthquakes, fires, storms, floods, and lightning; and the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to the customers.
Article 17: Partial Invalidity
If one or more provisions of these Terms and Conditions are deemed invalid or are declared as such pursuant to a law, regulation, or a final decision by a competent court, the remaining provisions shall remain in full force and effect.
Article 18: No Waiver
The failure of either party to assert a breach by the other party of any of the obligations set forth in these general terms and conditions shall not be construed as a waiver of such obligation for the future.
Article 19: Dispute Resolution
These Terms and Conditions are governed by French law. This applies to both substantive and procedural matters. In the event of a dispute or complaint, the consumer should first contact ABCDaires SARL to seek an amicable resolution. If necessary, the consumer may then file a complaint with the Commercial Court of Nancy.
Section 20: Data Protection
The information requested from the consumer is necessary for processing their order and may be shared with contractual partners of “ABCDaires SARL” involved in fulfilling that order. The consumer may write to “ABCDaires SARL,” whose contact information is provided in the privacy policy on the website, to object to such disclosure, or to exercise their rights of access and correction regarding information concerning them and contained in the files of “ABCDaires SARL,” under the conditions provided for by the law of January 6, 1978.
Please review the UPDATE to the PRIVACY POLICY following the entry into effect of the GDPR on May 25, 2018.
Article 21: Warranty
All products supplied by ABCDaires SARL are covered by the legal warranty provided for in Articles 1641 et seq. of the Civil Code. If a product sold does not conform to its description, it may be returned to ABCDaires SARL, which will accept the return, exchange the product, or issue a refund. All complaints, requests for exchange, or requests for a refund must be submitted by mail to the following address within thirty days of delivery:
ABCDaires SARL
8 Place de l’Église
54300 MARAINVILLER
Article 22: Liability
In the context of distance selling, ABCDaires SARL is bound only by an obligation of means. The company shall not be held liable for any damage resulting from the use of the Internet, such as data loss, unauthorized access, viruses, service interruptions, or other unforeseen issues.
Article 23: Intellectual Property
All content on the abcdaires.com website is and remains the exclusive intellectual property of ABCDaires SARL. Unless otherwise authorized, no one is permitted to reproduce, exploit, or use, for any purpose whatsoever, even in part, any content from the website, whether in the form of photos, logos, images, or text.
[copyyear]