GENERAL TERMS AND CONDITIONS FOR SALES ON THE WEB SITE ANNETTE PETAVY DESIGN

1 - Scope

Company:
Annette Petavy Design EURL
Capital : 5000€
2 allée du Valpré
69126 BRINDAS
France
Phone: + 33 6 62 50 55 35
E-mail: business@annettepetavy.com
SIREN : 538913377

These terms and conditions apply when you make a purchase from the company « Annette Petavy Design » on the website
http://boutique.annettepetavy.com

The terms and conditions are available directly on the website.
By ticking the appropriate box the customer accepts these terms and conditions before placing the order.
These terms and conditions can be modified depending on the products on sale and the evolution of legislation. Any changes are applicable to the customers from the date they are made available online. They can not be applied to any transaction prior to the publication.

The main activity of the company Annette Petavy Design (APD) is to sell products linked to the arts of crochet and knitting.
APD sells patterns created by independent designers. APD also sells books, tools and accessories and yarns.

If a product is no longer available for sale, it is removed form the Annette Petavy Design website.

1 - Products
The patterns sold by Annette Petavy Design are original creations, protected by copyright.

2 - Orders

2.1 - How to place an order
In application of article 1369-4 1° of the French code civil, here is a description of how to place an order:
Select the product to be purchased by clicking on its name and, if appropriate, the quantity, then click "Add to cart".
When wishing to proceed to order and payment, click "Cart".
You can change or confirm your order (article 1369-4 2° code civil), then validate it by clicking on "Next".
You will be directed to a page where you can create or log into your customer account. Please fill in the information correctly. Boxes marked with an asterisk must be filled in.
You will be invited to pay your order via the Paypal website. Your order is complete.

2.2 Correct information
The customer is responsible for the information registered when ordering. If your e-mail or postal address are incorrect, APD can't be held responsible for the impossibility to execute the delivery.

2.3 Order confirmation
When the order has been registered, an order number and an order confirmation is given to the customer on the screen and via e-mail to the address registered by the customer.
The information registered by APD are the proof of the content and the date of the order.

If the ordered products can not be delivered, APD informs the customer rapidly and can suggest the replacement by a product of the same quality and price.
If the customer does not agree to this, the payment is reimbursed as quickly as possible (or at the latest 30 days after the payment).

Annette Petavy Design has the right to cancel any order placed by a customer with whom there is a pending payment dispute.

3 - Prices

Products are sold at the prices indicated on the website when the order is placed. These prices are given in euros, incl VAT.
Only the price at the moment of the order is applicable. Any special offers published later can not be applied.

The prices do not include shipping and handling, which is added to the order total. These costs appear distinctly on the order page before validation of the order.

If requested, an invoice can be edited and sent to the customer upon delivery.

4 - Payment

The payment is executed when the order is placed by the buyer, in any of two ways :
- secure payment via the Paypal website,
- bank transfer or French bank check, on special demand.

The Paypal website has a system for secure online payment.
The payment is considered as final only after it's complete. The products can not be sent before the seller has received the complete payment.

5 - Delivery

The products purchased will be delivered to continental France, Corsica and Monaco within 30 working days ; for overseas French departments, the European Union and the rest of the world, the delivery is done within 3 months. (Generally delivery times are shorter, these delays take into account situations such as annual suspension of shipping during summer holidays - see home page for further information). Specific types of international deliveries and additional costs can be agreed between the customer and the company.
The products are delivered to the address indicated by the buyer when the order is placed. Except special cases, or unavailabilty of one or more products, all ordered products will be delivered at the same time.

According to the article L.121-20-3 in the French code de la consommation, if the seller does not fulfill the obligations of on-time delivery, the buyer can cancel the order except if the non-delivery is due to a case of absolute necessity.
The buyer can, within 60 days after the normal delivery date, cancel the order via registered mail, or send back the products, have they been delivered. The return of the products is done at the buyer's expense. The seller shall, within 30 days, reimburse the payment done.

Delivery is completed when the seller has transferred the products to the carrier.
Please check that your products are intact upon delivery.
The part of shipping and handling costs paid by the buyer is 5.10€ for deliveries to France métropolitaine (continental France), Corsica and Monaco, 9.90€ for deliveries to overseas French departments, 14.90€ for the European Union outside France + Switzerland and 23.50€ for the rest of the world.

Specific shipping and handling costs, equal to actual shipping costs, can be applied to books and other heavy items. These specific costs are indicated on the product page and included in the price.

Products exceeding 3 cm of thickness including packaging are delivered via Colissimo without signature in France and overseas French departments, and via Colissimo with signature in the rest of the world.

The buyer can request specific measures in terms of packaging and choice of carrier. If accepted by the seller, the costs will be paid by the buyer.

According to the article L.121-20-3, if the order can't be delivered because of the inavailability of the product, the buyer will be informed an reimbursed as soon as possible, and at the latest 30 days after the payment. The seller can suggest replacing the product by another product at the same price and quality.

6 - Transfer of ownership and risks

According to article L.121-20-3, the seller is responsible for the execution of the obligations created by the agreement  made by means of the purchase, be they executed by the seller himself or by other service providers.

The buyer must check the conditions of the products upon delivery.

7 –Right to withdrawal

According to the article L 121-20 in the French code de la consommation, the consumer has the right to withdraw from the agreement within 7 days from the delivery of the products. The buyer can, at his or her own expense, return the unused and undamaged products to the seller and obtain a reimbursement.
Before returning the products, the buyer must contact the seller via e-mail at the address annette@annettepetavy.com , indicating his desire to withdraw from the agreement and indicating the order number.

The seller has the obligation to reimburse the payment at the latest 30 days after the execution of the right to withdrawal, at the absolute condition that the products are returned in the original packaging, complete and perfectly undamaged.

However, according to the article L121-20-3 6° in the code de la consommation, the right to withdrawal can not be applied to products that the buyer can read and use immediately after purchase. Thus, the right to withdrawal can not be applied to patterns (that can be downloaded immediately after purchase).

8 - The seller's responsability

Legal guarantee.
The products provided by the seller are, according to legal dispositions, the subject of

-  the legal guarantee of conformity,

-  the legal guarantee against latent defects due to material, conception or production, that render the delivered products impossible to use.

This means that if the delivered product is not conform to the ordered product, or if it has a latent defect, the customer can return it an be reimbursed. In this case, the return is done at the seller's expense.

These guarantees are not applicable in case of misuse, negligence of lack of maintenance by the buyer, or in the case of normal wear, accident or force majeure. The guarantee is limited to the replacement or reimbursment of the products lacking in conformity or having a latent defect.
The buyer is solely responsible for the choice of product, its storage, maintenance and use.

In order to execute his right, the buyer must inform the seller in writing of the existance of the latent defect or the lack of conformity within 2 years from the discovery of the defect or 2 years from the purchase of a product lacking in conformity. The seller must replace these products.

The products sold on the website conform to French legislation.
The seller can't be held responsible for a delay or lack of execution induced by a force majeur situation recognized as such in French case law.

9 - Data access

Annette Petavy Design registers all transactions made through its website. This data is the proof of your purchase.

According to the law 78-17 of January 6th 1978, the personal information collected by the seller are needed for processing the order and establishing the invoice.
The collection and treatment of data through the website has been declared to the CNIL authority - declaration number 1574658.

According to French and European legislation, the buyer has a permanent right to access, modify, rectify and oppose to the data regarding him or her.
To execute this right, please contact us at annette@annettepetavy.com

The collected personal information is used exclusively by Annette Petavy Design. The data is not sold, and is used only for deliveries and information directed toward customers.

10 - Copyright

The content of the site, including the graphic design, the logo, the pictures and the products are owned by the seller and the seller's commercial partners, and are protected by French and international laws on copyright.
Any partial or total copying of the content or the products is strictly forbidden and will be regarded as forgery and/or infringement.

The customer can not use in any way the products, and more particularly the patterns, without the previous written consent of the company Annette Petavy Design and, if applicable, the individual designer. This consent may require a financial compensation.

The patterns sold by APD are protected by copyright. The buyers have no right to post them on social media sites, blogs or any other website, nor the right to sell them.

11 - Applicable legislation - Language

These terms and conditions, as well as any sales agreement made via the website, are made under the application of French legislation. The original version is written in French.

Translations are provided for the purpose of information. Only the French text is valid legally.

12 – Disputes

To prevent disputes, Annette Petavy Design has a telephone customer service accessible at phone number +33 6 62 50 55 35, open from Monday to Friday from 9 a.m. to 5 p. m. (CET).
Any customer request will be treated as quickly and as well as possible.

13 - Archives

Any agreement made with a customer for an amount over 120€ (tax included) will be filed by Annette Petavy Design for a 10-year duration. To obtain access to the archived agreement, the customer must request access via an e-mail to Annette Petavy Design, completed by a request via registered mail.
The agreement will be filed in a database owned by APD.