(cgv)
introduction
Les présentes conditions de vente sont conclues d’une part par la société SUBLIME SAS – RCS B 908 092 471 (dénommée ci-après « la Société ») et, d’autre part, par toute personne physique ou morale souhaitant procéder à un achat via le site internet massacreee (dénommée ci-après « l’Acheteur »).
1. object
These terms and conditions of sale are intended to define the contractual relationship between the Company and the Buyer, as well as the conditions applicable to any purchase made through this website (hereinafter referred to as the “Site”). The purchase of a product through this Site implies the Buyer’s full and unreserved acceptance of these terms and conditions of sale, which the Buyer acknowledges having read prior to placing an order.
Prior to any transaction, the Buyer declares, on the one hand, that the purchase of products on this Site is not directly related to their professional activity and is limited to strictly personal use, and on the other hand, that they have full legal capacity allowing them to enter into these general terms and conditions of sale.
The Company reserves the right to modify these terms and conditions of sale at any time, in order to comply with any new regulations or to improve the use of the Site. Consequently, the applicable terms will be those in force on the date the order is placed by the Buyer.
2. products
The creations offered on the Site are produced within SUBLIME ATELIER. The Company reserves the right to modify the product range at any time. Each product is presented on the Site with a description outlining its main technical characteristics.
The photographs, while striving to accurately represent the product, are not contractually binding and do not engage the liability of the Company.
3. TTC PRICE
The prices shown on the product pages of the online catalogue are in Euros (€), all taxes included (VAT included), and take into account the VAT applicable on the day the order is placed. Any change in the applicable VAT rate may be reflected in the price of the products.
The Company reserves the right to modify its prices at any time, it being understood that the price listed in the catalogue on the day the order is placed shall be the only price applicable to the Buyer.
The prices indicated do not include delivery costs, which are charged in addition to the price of the products purchased and are calculated based on the total amount of the order.
4. PAYMENT CHOICE
The Company accepts the following methods of payment for the settlement of the Buyer’s purchases: credit cards (Visa, MasterCard, American Express), PayPal, and Apple Pay.
All transactions carried out on the Site are secured by encryption technologies in order to ensure the protection of the Buyer’s personal and financial data. The Company reserves the right to modify the accepted payment methods at any time.
Any attempt at fraud or unauthorized payment will be reported to the competent authorities and may result in the suspension of access to the Company’s services and products.
5. shipping
Orders are shipped within seven (7) business days after purchase, unless a different timeframe is specifically indicated. An email with a tracking number will be sent to the Buyer once the order has been dispatched.
Delivery times may vary depending on product availability and the destination. The Company will inform the Buyer of any potential delays and the reasons for such delays.
Delivery costs are the responsibility of the Buyer, unless otherwise specified in the terms of sale. These costs will be clearly communicated to the Buyer at the time of order.
The risks associated with transport are borne by the Buyer from the moment the items leave the Company’s premises.
The Buyer is required to check the condition of the packaging and its contents in the presence of the postal worker or delivery person upon delivery. In the event of damage during transport, any complaint must be made to the carrier within three (3) days of delivery.
The Company shall not be held liable for any loss, damage, or additional costs caused by a delivery delay, an incorrect delivery address, or any other situation beyond its reasonable control.
In the event of force majeure (any unforeseeable, irresistible, and external event that makes it impossible to perform all or part of the contractual obligations, including, but not limited to, natural disasters, strikes, armed conflicts, or any other situation beyond the Company’s control), the Company’s obligations shall be suspended for the duration of the event.
6. ownership
Ownership of the products is transferred to the Buyer upon delivery of the order. Until that time, the products remain the exclusive property of the Company.
7. intellectual property
Intellectual property rights in all content made available on the Site remain the exclusive property of the Company. These rights are protected by intellectual property laws and treaties worldwide. All such rights are reserved by the Company.
No one is authorized, without the prior written consent of the Company, to reproduce, exploit, or use in any manner, even partially, any elements of the Site, whether in the form of photos, logos, visuals, or text.
8. after sales service
For any inquiries regarding the products sold on the Site, please send us an email at the following address: contact@massacreee.com
9. Right of Withdrawal and Returns
In accordance with the provisions of Article L.221-18 of the French Consumer Code, the Buyer has a period of fourteen (14) calendar days from the delivery of their order to exercise their right of withdrawal without having to provide any justification and without incurring any costs other than those provided for by law.
To exercise this right of withdrawal, the Buyer must notify the Company of their decision to withdraw in writing:
Email: contact@massacreee.com
Or Registered Letter with Acknowledgment of Receipt: SUBLIME ATELIER, 13 rue du Sergent Godefroy, 93100 Montreuil, France
The products must be returned — specifying the Buyer’s full name(s), order number, order date, and product reference — within a reasonable period, which shall not exceed fourteen (14) days from the date on which the Buyer communicated their decision to withdraw to the postal address: SUBLIME ATELIER, 13 rue du Sergent Godefroy, 93100 Montreuil, France.
Return costs are the responsibility of the Buyer. The Company shall not be held liable for any loss, theft, or damage that may occur during the return transport of the products in question. Regardless of the transport method chosen by the Buyer, the Buyer must provide the tracking number to the Company at the following email address: contact@massacreee.com
Products must be returned in their original condition, complete, unused, clean, and in their original packaging.
In accordance with Article L.221-24 of the Consumer Code, and if the returned products meet the conditions for exercising the right of withdrawal (original condition, products in their original packaging, complete and unused), the Company undertakes to refund the payment received, including the initial delivery costs (except for any additional costs if the Buyer chose a delivery method other than the least expensive standard method offered by the Company), within a period not exceeding thirty (30) days from the receipt of the returned products.
Refunds will be made using the same payment method that the Buyer used for the initial transaction.
10. WARRANTY
Legal Warranty of Conformity:
In accordance with the provisions of Articles L.217-4 et seq. of the French Consumer Code, the Buyer benefits from the legal warranty of conformity for any product purchased on the Site. This warranty allows the Buyer to request the repair, replacement, or refund of products that present a conformity defect.
To exercise their rights under the legal warranty of conformity, the Buyer must contact the Company in writing at the email address contact@massacreee.com or by postal mail at SUBLIME ATELIER, 13 rue du Sergent Godefroy, 93100 Montreuil, France. The Buyer must provide a detailed description of the defect, a photo of the defect, and proof of purchase.
Warranty Against Hidden Defects:
In accordance with the provisions of Articles 1641 et seq. of the French Civil Code, the Buyer benefits from a warranty against hidden defects for any product purchased on the Site. This warranty allows the Buyer to request the repair, replacement, or refund of products that present a hidden defect, i.e., a defect that was not apparent at the time of purchase.
To exercise their rights under the warranty against hidden defects, the Buyer must contact the Company in writing at the email address contact@massacreee.com or by postal mail at SUBLIME ATELIER, 13 rue du Sergent Godefroy, 93100 Montreuil, France. The Buyer must provide a detailed description of the defect, a photo of the defect, and proof of purchase.
The Buyer may exercise their rights under the warranty against hidden defects within a period of two (2) years from the discovery of the defect, subject to a maximum period of twenty (20) years from the date of purchase.
11. LIABILITY
In the context of distance selling, the Company is only bound by an obligation of best efforts. Its liability cannot be engaged for any damage resulting from the use of the Internet, such as data loss, intrusion, viruses, service interruptions, or other unintentional problems.
12. PERSONAL DATA
The Company is committed to maintaining the confidentiality of information provided by the Buyer when using certain services. Any information concerning the Buyer is subject to the provisions of French Law No. 78-17 of January 6, 1978. Accordingly, the user has the right to access, modify, and delete their personal information. Requests can be made at any time by email to: contact@massacreee.com.
In accordance with the General Data Protection Regulation (GDPR), personal data related to the Buyer may be collected, processed, and stored. This data includes, but is not limited to, first and last name, address, phone number, and email address.
The personal data collected will be used exclusively for the performance of obligations arising from this contract, including the payment and delivery of products.
Personal data will be retained for the period necessary to achieve the purposes for which it was collected, in compliance with applicable legal and regulatory requirements.
For more information on how personal data is collected, used, and processed, the Buyer may refer to the privacy policy available on the Site.
13. DISPUTE RESOLUTION
In the event of a dispute relating to the performance or interpretation of these general terms and conditions of sale, the parties shall endeavor to resolve the dispute amicably.
If no amicable agreement is reached, the dispute may be submitted to the online dispute resolution platform (ODR) established by the European Commission, available at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.
By using this platform, the Buyer has the option to submit a complaint and initiate a dispute resolution procedure electronically.
If no amicable agreement is reached, the competent court shall be that of the Company’s registered office.
Collapsible content
LEGAL NOTICE
In accordance with the provisions of French Law No. 2004-575 of June 21, 2004, on confidence in the digital economy, the users of the site massacreee.com (hereinafter the “Site”) are informed of the identity of the various parties involved in its creation.
This Site is managed by Sublime, S.A.S, a French company with its registered office at 58 rue de Monceau, 75008 Paris, France, with a share capital of €1,000, contact: contact@sublimeatelier.com.
This Site is hosted by Shopify Inc., a Canadian company with its registered office at 151 O'Connor Street, Ground Floor, Ottawa, Ontario K2P 2L8, Canada, contact: assistance@shopify.com and +1 613-241-2828.
For the commercial activities of the Site, the following information is provided:
RCS Number: Paris B 908 092 471
VAT Number: FR27908092471