Article 1 – Definitions
These General Terms and Conditions of Sale (hereinafter the "GTC") are offered by the company Ghislaine Boucher / Coinviebebe, under company number 2282236373 and whose registered office is located at 8455 chemin du Moulin Labelle Quebec J0T1H0 Canada (hereinafter "Coinviebebe").
Hereinafter referred to as:
"Site": the website "https://Coinviebebe.com" and all its pages, exclusive property of the Company.
"Products" or "Services": all the products (materials) and services (benefits) that can be purchased or subscribed to on the Site.
"Seller": Coinviebebe, a legal or natural person, offering its Products or Services on the Site.
"Client": the internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Site.
"Consumer", in accordance with the definition in the preliminary article of the Consumer Code: "any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, craft or liberal activity".
The internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these GTC carefully, to print them and/or to save them on a durable medium, before placing an order on the Site.
The Client acknowledges having read and fully accepts the GTC.
Article 2 – Application of the GTC and purpose of the Site
The Seller reserves the right to modify the GTC at any time by publishing a new version of them on the Site.
The GTC applicable to the Client are those in force on the day of his order on the Site.
The legal information concerning the host and editor of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notices and the data charter of this Site.
This Site offers online sales of products to specify the type of products sold, (niche/sub-niche).
The Site is freely accessible to any Client. The acquisition of a Product or a Service implies the Client's acceptance of all these GTC, who acknowledges having fully understood them. This acceptance may consist, for example, for the Client, in ticking the box corresponding to the acceptance phrase of these GTC, with for example the mention "I acknowledge having read and accepted all the general conditions of the Site". Ticking this box will be deemed to have the same value as a handwritten signature from the Client.
The acceptance of these GTC implies that the Clients have the necessary legal capacity to do so. If the Client is a minor or does not have this legal capacity, he declares that he has the authorization of a tutor, curator or his legal representative.
The Client acknowledges the probative value of the Seller's automatic registration systems and, unless he provides proof to the contrary, he waives contesting them in the event of a dispute.
Any Order for Products implies the Client's unreserved acceptance and full adherence to these General Terms and Conditions of Sale which prevail over any other document: catalogues, advertisements, notices, unless expressly agreed otherwise in advance by the Company.
Article 3 – Customer service
The customer service of this Site is accessible by e-mail at the following address: "contact@Coinviebebe.com" by form or by postal mail at the address indicated in the legal notices. The Client must indicate in the e-mail his first name, last name, the subject of his request and his Order number.
For any professional request (partnership, media, contract proposal), the Company can only be reached by e-mail at contact@coinviebebe.com.
Article 4 – Terms of placing orders and description of the purchasing process
The Products and Services offered are those listed in the catalogue published on the Site. Each product is accompanied by a description established by the Seller based on the descriptions provided by the supplier.
The photos on the Site are not contractual and may vary slightly from the photographed models. These variations are due to the setting parameters of different screens and cameras, product lighting, viewing angle, etc.
Hereinafter, "Cart" refers to the intangible object grouping together all the Products or Services selected by the Client of the Site for purchase by clicking on these items. To place an order, the Client chooses the Product(s) he wishes to order by adding them to his "Cart", the content of which can be modified at any time.
The Client places the Order via the Site: the Client registers and validates the Order on the Site.
To place an Order on the Site, the Client freely selects one or more Products from the Site's catalog, by clicking on the "add to Cart" button. On the "Cart" page, the Client has the possibility to check the details of his Order and correct any errors, before confirming it.
On the "Information" page, the Client must enter his contact information. He can opt for tracking his Order by e-mail by ticking the required box.
On the "Delivery" page, the Client must choose his proposed shipping method.
On the "Confirmation" page, the Client must enter his bank details as well as the billing address. The Client also has the option to enter a promotional code if he has one.
A complete summary of the Order appears. The Client has the possibility to modify all the elements of the Order before finalization. The Client is responsible for any errors relating to the Order, the Products and contact information.
The sale is validly formed when the Client has confirmed the Order by clicking on the "Finalize my order" button, has accepted the General Terms and Conditions of Sale, and has proceeded with payment according to the chosen methods, subject to the exercise of the right of withdrawal.
The order validation date corresponds to the date of receipt of the full payment of the total price including all taxes duly noted.
Article 5 – Price and payment terms
Unless otherwise specified, the prices listed in the catalog are prices understood in Euros all taxes included (TTC), taking into account the VAT applicable on the day of the order and excluding any possible participation in processing and shipping costs.
Coinviebebe reserves the right to pass on any change in the VAT rate to the price of the Products or Services. The Seller also reserves the right to modify its prices at any time. Nevertheless, the price listed in the catalog on the day of the order will be the only one applicable to the Client.
The Client can place an order on this Site and can make payment by Credit Card, Apple Pay or Paypal. Payments by credit card are made through secure transactions provided by an online payment platform provider.
This Site has no access to any data relating to the Client's payment methods. Payment is made directly to the bank or payment provider receiving the Client's payment. In case of payment by bank transfer, the delivery times defined in the "Deliveries" article of these GTC only begin to run from the actual date of receipt of payment by the Seller, who can provide proof by any means. The availability of Products is indicated on the Site, in the descriptive sheet of each Product.
Coinviebebe will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. Computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 6 – Deliveries
Delivery costs will be indicated to the Client before any payment. The Site has no geographical delivery limitation, orders can be shipped anywhere in the world. The delivery times indicated during the order are for informational purposes only and remain dependent on possible delays of postal services or other special cases preventing delivery (demonstrations, bad weather, etc.).
In the event of delivery of a Product outside the territory of the European Union and in the French overseas departments and territories, the Client declares himself the importer of the Product and accepts that in such a case the Seller may be materially unable to provide him with accurate information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.
Unless otherwise stated on the Site during the ordering process or in the description of the ordered Products, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Client.
When a product is delivered in person, the client may refuse a package upon delivery if they notice any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.); any anomaly must then be imperatively indicated by the Client on the delivery note, in the form of handwritten reservations, accompanied by the Client's signature. To exercise their right of refusal, the Client must open the damaged or defective package(s) in the presence of the carrier and have them take back the damaged merchandise. For mailbox delivery, the client agrees to immediately check the package and contact Coinviebebe support if they notice any anomaly. Failing to comply with these provisions, the Client will not be able to exercise their right of refusal, and the Seller will not be obliged to accede to the Client's request to exercise the right of refusal.
If the Client's package is returned to the Seller by the Post Office or by other postal providers, the Seller will contact the Client upon receipt of the returned package to ask for the desired outcome of their order. If the Client has mistakenly refused the package, they may request its re-shipment by first paying the postal fees for the new shipment. Postal fees must be paid even for orders for which shipping was offered during the initial order.
In the event of a delivery error or exchange (if the right of withdrawal is applicable, i.e., if the Client is a Consumer and the contract entered into to acquire the Product or Service allows withdrawal), any product to be exchanged or reimbursed must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or mishandling by the Client cannot be attributed to the Seller.
Any delay in delivery compared to the date or period indicated to the Consumer Client during their order or, in the absence of an indication of a date or period during the order, exceeding thirty (30) days from the conclusion of the contract may result in the termination of the sale at the initiative of the Consumer Client, upon written request from them by registered letter with acknowledgment of receipt, if after enjoining the Seller to make the delivery, the Seller has not complied. The Consumer Client will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, for the entirety of the sums paid. This clause is not intended to apply if the delivery delay is due to a case of force majeure.
Special case of a package whose tracking number indicates that it is "delivered" but not received in the mailbox: if the Client notes and informs the Seller that the package is not in their mailbox despite its tracking number indicating that it is "delivered", customer service may request additional information as well as an official document from La Poste responding to their complaint regarding the corresponding tracking number. The Seller will then make every effort to ensure Client satisfaction by notably offering to immediately resend the products at their own expense.
Article 7 – Right of withdrawal and withdrawal form
The Consumer Client has fourteen (14) working days from the date of receipt of the product of their order to withdraw. They will be required to return any product that does not suit them and request an exchange or refund without penalty, with the exception of return shipping costs, within fourteen days from receipt by Coinviebebe of the refund request.
The Product must be returned in perfect condition, in its original packaging and unused. The Consumer Client can find below a standard withdrawal form for an order placed on the Site, to be sent to Coinviebebe. It is understood that the Client will bear the costs of returning the Product in case of withdrawal.
It is recommended that the Client make the return using a solution that allows package tracking. Otherwise, if the returned package does not reach the Seller, it will not be possible to initiate an investigation with the postal services to request them to locate it.
The refund will be made using the same payment method as the one chosen by the Client for the initial transaction, unless the Client expressly agrees that the Seller uses another payment method, and provided that the refund does not incur any costs for the Client.
The Seller also reserves the right to defer the refund until receipt of the Product or as long as the Client has not demonstrated that they have shipped the Product, if such a demonstration has not previously occurred.
In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the Product(s), the Client's liability may be engaged.
In accordance with Article L121-17 of the Consumer Code, ("Hamon law") of June 2014, the Consumer Client can find below a standard withdrawal form for an order placed on the site:
Withdrawal Form
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of:
LAST NAME FIRST NAME
Postal address
I / We (*) hereby notify you of my / our (*) withdrawal from the contract for the sale of the goods below:
Order number:
Last Name / First Name:
Phone number:
Email address:
Postal address:
Reason for claim:
Exchange* (mention desired product)
Refund* (attach a complete RIB with IBAN and BIC mentioned)
Signature of Client(s) (only in case of notification of this form on paper):
Date:
(*) Delete as appropriate.
Article 8 – Product Warranty
Legal provisions to be reproduced
The legal guarantee of conformity applies independently of any commercial warranty that may be granted.
The consumer may decide to implement the warranty against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code, unless the seller has stipulated that he will not be bound by any warranty; in the event of implementation of this warranty, the buyer has the choice between cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code. He has a period of two years from the discovery of the defect.
The postponement, suspension or interruption of the limitation period cannot have the effect of extending the extinctive limitation period beyond twenty years from the day the right arose in accordance with article 2232 of the Civil Code.
All items acquired on this site benefit from the following legal guarantees, provided by the Civil Code;
Legal guarantee of conformity
The Seller is obliged to deliver goods in conformity with the contract concluded with the Consumer Client and to be liable for defects in conformity existing during the delivery of the Product. The guarantee of conformity may be exercised if a defect exists on the day of taking possession of the Product.
On the other hand, it will be up to the Client to prove that the defect did exist at the time of taking possession of the Product.
"In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost clearly disproportionate to the other modality, taking into account the value of the goods or the importance of the defect. He is then obliged to proceed, unless impossible, according to the modality not chosen by the buyer."
Legal guarantee against hidden defects
In the event of non-conformity of a delivered Product, it may be returned to the Seller who will proceed with its exchange. In case of impossibility of exchange of the Product (obsolete Product, out of stock, etc.) the Client will be reimbursed by check or bank transfer for the amount of his order. The costs of the exchange or reimbursement procedure (in particular the return shipping costs of the Product) are then borne by the Seller.
Article 9 – Liability
The Seller Coinviebebe cannot be held responsible for the non-performance of the contract concluded due to the occurrence of a force majeure event. Regarding the Products purchased, the Seller will not incur any liability for any indirect damage resulting from these presents, loss of operation, loss of profit, damage or expenses that may arise.
The choice and purchase of a Product or a Service are placed under the sole responsibility of the Client. The total or partial impossibility of using the Products, particularly due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the Seller's liability, except in the case of a proven hidden defect, non-conformity, defectiveness or exercise of the right of withdrawal if applicable, i.e., if the Client is not a Consumer Client and the contract entered into to acquire the Product or Service allows for withdrawal, according to article L 121-21 of the Consumer Code.
The Client expressly acknowledges using the Site at their own risk and under their exclusive responsibility. In any event, Coinviebebe can under no circumstances be held responsible for:
any direct or indirect damage, particularly with regard to loss of profits, loss of earnings, loss of clientele, loss of data which may, among other things, result from the use of the Site, or conversely from the impossibility of its use;
a malfunction, unavailability of access, improper use, improper configuration of the Client's computer, or the use of a browser little used by the Client;
the content of advertisements and other links or external sources accessible to Clients from the Site.
The Seller's liability cannot therefore be engaged if the characteristics of the Products differ from the visuals present on the Site or if these are erroneous or incomplete.
Article 10 – Force majeure
In accordance with article 1218 of the Civil Code, events beyond the control of the parties, which they could not reasonably be expected to foresee, and which they could not reasonably avoid or overcome, are considered as cases of force majeure or fortuitous events, insofar as their occurrence makes the performance of obligations totally impossible.
The occurrence of a case of force majeure will automatically suspend the execution of the Order.
Beyond a period of ninety (90) calendar days, if the parties note the persistence of the case of force majeure, the Order may be cancelled by either party, and the sales contract terminated. For this purpose, the most diligent party must send the other a registered letter with acknowledgment of receipt denouncing the said sales contract.
The effective date of termination will be the date of first presentation of the letter. In this hypothesis, neither party may claim the granting of damages, unless otherwise agreed by both parties.
Article 11 – Intellectual property rights
All elements of this Site belong to the Seller or a third-party agent, or are used by the Seller with the authorization of their owners.
All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the Site are protected by copyright, trademark law, image rights and patent law. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the Site. Any simple or hypertext link is strictly prohibited without the express written consent of the Company. In all cases, any link, even tacitly authorized, must be removed upon simple request from the Company.
Only the use of the Site for private use, subject to different or more restrictive provisions of the Intellectual Property Code, is authorized.
Any total or partial reproduction of the Company's catalog is strictly prohibited. Any other use constitutes counterfeiting and is sanctioned under Intellectual Property unless prior authorization.
Any reproduction, representation, adaptation of logos, textual, pictorial or video content, without this enumeration being exhaustive, is strictly prohibited and constitutes counterfeiting.
Any Client who is guilty of counterfeiting may have their account deleted without notice or compensation and without this deletion being considered a damage to them, without prejudice to any subsequent legal action against them, at the initiative of the Seller or its agent.
The brands and logos contained on the Site may be registered by Coinviebebe, or possibly by one of its partners. Any person who proceeds to their representations, reproductions, embeddings, distributions and redistributions incurs the sanctions provided for in articles L.713-2 and following of the Intellectual Property Code.
Article 12 – Processing of personal data
The Company collects Client data:
a) for the purpose of processing and tracking the Client's Order on its Site; (and/or)
b) for the purpose of being able to contact you about various events related to the Company, including updates to Products and customer relationship management; (and/or)
c) for the purpose of collecting information allowing us to improve the Site and our Products (particularly through cookies).
The collected data is processed by the Site's contractual service providers who are responsible for the packaging and distribution of ordered Products as well as by the hosting provider Shopify Inc. whose servers are secured and protected by a firewall.
The collected data is retained by the Company only for the time corresponding to the purposes of the collection mentioned above and which cannot in any event exceed five (5) years.
In accordance with Law No. 2018-493 of June 20, 2018, relating to the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation (GDPR), the Client benefits from a right of access, modification, rectification, deletion or opposition for legitimate reasons, concerning their data.
The Client can exercise their rights by e-mail to contact@coinviebebe.com.
Article 13 – Comments and other user suggestions
If the Client sends ideas, suggestions, or other elements, whether online, by email, by mail, or otherwise (collectively, "comments"), at the request of the Company or not, the Client grants the Company the right, at all times, and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any media any comments that the Client sends.
The Company is not and shall not be obliged (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comments provided; (3) to respond to comments.
The Company may monitor, modify or delete content that it deems, in its sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these General Terms and Conditions of Sale.
The Client agrees to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. The Client agrees not to include in their comments any illegal, defamatory, offensive or obscene content, and that they will not contain computer viruses or other malicious software that could affect the operation of the Site or other associated websites. The Client agrees not to use a false email address, pretend to be someone else, or attempt to mislead the Company and/or third parties as to the origin of their comments.
The Client is entirely responsible for their published comments and their accuracy. The Company assumes no responsibility and disclaims all liability with respect to comments published by the Client or any third party.
Article 14 – Severability of clauses
If any provision of the GTC is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the GTC and shall not affect the validity and enforceability of the remaining provisions.
These GTC supersede all prior or contemporaneous written or oral agreements. The GTC are not assignable, transferable or sublicensable by the Client themselves.
A printed version of the GTC and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to the GTC. The parties agree that all correspondence relating to these GTCs must be written in the French language.
Article 15 – Applicable law and mediation
The General Terms and Conditions of Sale are subject to French law.
The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited or blocked bank card, stolen or falsified. In this context, no amicable conciliation attempt will be accepted.
The fact that a clause in these General Terms and Conditions of Sale becomes null and void cannot call into question the validity of the other stipulations and does not exempt the Client from fulfilling their contractual obligations.
Indemnity
You agree to defend, indemnify and hold the Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the Website or our products and services, your breach of the terms or your breach of your acknowledgments, agreements, representations, warranties and obligations hereunder.
National or cross-border disputes that may arise concerning the validity, interpretation, execution or non-execution, interruption or termination of this contract may be submitted to mediation at the Client's request.
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, an ombudsman approved by the Commission for the Evaluation and Control of Consumer Mediation (CECMC), is appointed as Consumer Mediator, to facilitate the resolution of disputes between the Company and its Clients, for a period of three (3) years from [01/05/2019].
The European Commission's website describes the mediation process used and allows Clients to submit a mediation request online accompanied by supporting documents.
The dispute cannot be examined by the Mediator if:
- the Client does not prove that they have previously attempted to resolve their dispute directly with the Company through a written complaint,
- the request is manifestly unfounded or abusive,
- the dispute has previously been examined or is being examined by another mediator or by a court,
- the consumer filed their request with the mediator more than one year after their written complaint to the Company,
- the dispute does not fall within their scope of competence.
Mediation is free for the Client. If the Client uses, at any stage of the mediation, a lawyer, a third party of their choice or an expert to defend them, they will bear the costs alone.
The Mediator may not receive any instructions from the parties nor be remunerated based on the result.
Participation in mediation does not exclude the possibility of recourse to a court. The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions. In the event of a dispute before a judge, jurisdiction is attributed to the competent French court.
The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited or blocked bank card, stolen or falsified check. In this context, no amicable conciliation attempt will be accepted.
The fact that a clause in these General Terms and Conditions of Sale becomes null and void cannot call into question the validity of the other stipulations and will not exempt the Client from fulfilling their contractual obligations.
Parts Warranty:
The warranty is limited to 30 days following the date of purchase under normal conditions of use and excluding a breakdown caused by an external factor. Under these conditions, the seller undertakes to replace the defective part.
All rights reserved – July 01, 2022
Article 16: SMS Policy
SMS Policy:
By consenting to SMS marketing from Coinviebebe at checkout and initiating a purchase or subscribing through our subscription tools, you agree to receive recurring SMS notifications (for your order, including abandoned checkout reminders), SMS marketing offers, and transactional SMS, including review requests from us, even if your mobile phone number is registered on a national or federal do not call list. Message frequency varies. Consent is not a condition of purchase.
Si vous souhaitez vous désabonner de la réception de messages et de notifications de marketing par SMS, répondez par STOP à tout message mobile envoyé par nous ou utilisez le lien de désabonnement que nous vous avons fourni dans l'un de nos messages. Vous comprenez et acceptez que les méthodes alternatives de retrait, telles que l'utilisation de mots ou de demandes alternatifs, ne seront pas considérées comme un moyen raisonnable de retrait. Nous ne facturons pas le service, mais vous êtes responsable de tous les frais et charges associés à la messagerie texte imposés par votre fournisseur de services sans fil. Des messages et débits de données peuvent être appliqués.
Pour toute question, veuillez envoyer HELP par SMS au numéro à partir duquel vous avez reçu les messages. Vous pouvez également nous contacter sur https://coinvibebe.com/pages/contact ou par e-mail à contact@coinviebebe.com pour plus d'informations.
Nous avons le droit de modifier tout numéro de téléphone ou code court que nous utilisons pour faire fonctionner le service à tout moment. Vous serez averti à ces occasions. Vous acceptez que tous les messages que vous envoyez à un numéro de téléphone ou à un code abrégé que nous avons modifiés, y compris les demandes d'ARRÊT ou d'AIDE, ne soient pas reçus, et nous ne serons pas tenus d'honorer les demandes faites dans ces messages.
Dans la mesure permise par la loi applicable, vous acceptez que nous ne serons pas responsables de la livraison échouée, retardée ou mal acheminée de toute information envoyée via le service, de toute erreur dans ces informations et/ou de toute action que vous pourriez ou non prendre dans la confiance dans les informations ou le service.
Votre droit à la vie privée est important pour nous. Vous pouvez consulter notre politique de confidentialité : https://coinviebebe.com/policies/privacy-policy pour déterminer comment nous collectons et utilisons vos informations personnelles.
