TERMS AND CONDITIONS
GOOD SESSIONS, a simplified share company registered under number 851 561 589 at 5 impasse le Puits, Le Ranquet 13800 Istres, France.
The operation of a website offering the online sale of any unregulated goods and in particular artistic works and material, design, accessories, objects and fashion.
In particular, it has developed the brand "GOOD SESSIONS" and the website "www.good-sessions.com".
GOOD SESSIONS reserves the right to change at any time these General Terms of Sale by posting a new version on the Site.
The General Terms of Sale are those in force on the order Confirmation date.
The Parties agree that the photographs of the Goods for sale on the Website https://www.good-sessions.com have no contractual or legal value.
These general terms apply automatically to all Platform Users, Consumers or Suppliers.
The following terms and expressions mean, when preceded by a capital letter, for the purposes of the interpretation and performance hereof :
" Item ": The good or goods under the Order;
"Good": any product offered for sale on the Site, conversely, the term" Product "means any Good.
" Customer ": Any Consumer;
" Consumer ": means any private User of the Platform in order to buy the Goods sold on the Site.
" Order ": request for Goods or Services made by the Consumer from the Seller including any order or pre- order or pre-sale;
" General terms of Sale ": the General Terms of Sale hereunder;
" Agreement ": this deed.
" Delivery Time ": period between the date of Confirmation of the Order and the date of Delivery of the Order to the Consumer;
" Delivery Charges ": cost of the expenses incurred to ship the Order to the delivery address indicated by the Consumer;
" Supplier ": Professional who has taken out a subscription for the Services of GOOD SESSIONS Services and whose products are distributed on the Site. This includes GOOD SESSIONS when his own products are distributed on the Site;
" Delivery ": Shipping of the Item to the Consumer by GOOD SESSIONS;
" Delivery Method ": means any Standard or Express Delivery Method available on the Site at the time of the Order;
" Parties "means the parties to these General Terms of Sale;
" Platform ": means the functional and organizational structure set up by GOOD SESSIONS.
" Price ": the unit value of a Good or Service, this value is understood as all taxes and without Delivery Charges;
"Total Price": the total amount of the Combined Prices of the Goods and Services that are the subject of the Order, this amount is understood as all taxes included;
"All Inclusive Price": the Total Price to which the Price of Delivery Charges is added, this amount is inclusive of all taxes;
" Service ": any Service offered for sale on the Site;
" Site ": Site at the address https://www.good-sessions.com, or any address that may be substituted for it, as well as any Site of the partners of GOOD SESSIONS These various Sites and Applications are part of the Platform:
" User ": Any Consumer or Customer using the Site https://www.good-sessions.com to buy the Goods offered.
”Territory": Any Territory covered by the carrier of GOOD SESSIONS, specified in its general terms of sale published on the site;
" Confirmation of the Order ": has the meaning given in Article 4;
" Seller ": GOOD SESSIONS;
" Online Sales ": marketing of Seller's Goods and Services via the Site.
References to Articles are references to the Articles of this Agreement, unless otherwise provided.
Any reference to the singular includes the plural and vice versa. Any reference to a gender includes the other gender.
Article One —Purpose
The purpose of this Agreement is to define the rights and duties of the Parties in connection with the Online Sale of the Goods and Services offered for sale on the GOOD SESSIONS Site.
The Platform is an online Sales area in which Goods, in accordance with these general terms, may be offered for sale, sold and bought by the Consumers, as long as their offer, sale or acquisition does not breach applicable legal provisions these general terms.
All amounts paid by the Consumers go through the STRIPE company, a trusted third party or PAYPAL or AMAZON PAY.
STRIPE, PAYPAL and AMAZON PAY. publish their own General Terms of Sale during this transaction and any Consumer should adhere thereto, in addition to these general terms in order to complete the transaction in a final manner.
GOOD SESSIONS is not involved in any way the manufacturing and marketing chain and has no role in compliance, packaging and labelling verification tests for the products listed on its website.
However, GOOD SESSIONS is directly involved in the manufacturing of all goods bearing the GOOD SESSIONS brand.
The completion of any order on the site of GOOD SESSIONS by the Consumer necessarily implies its acceptance of these general terms of sale.
Article Two - Scope
Any Consumer, in order to use the Services offered by GOOD SESSIONS acknowledges being a Consumer in the meaning given by law and case law, acting exclusively for his own account and being necessarily more than 18 years old or having reached the applicable age of legal majority to purchase the goods offered for sale on the GOOD SESSIONS Site.
In accordance with Articles L.111-1 and L.111-4 of the Consumer Code, the main features and the prices of the Goods and Services sold electronically are available on the Site.
GOOD SESSIONS also communicates to the Consumer the information relating to his identity, his postal, telephone and electronic contact details and its business, as well as, as needed, those relating to the legal warranties, the functionalities of the digital content and, applicable, its interoperability, to the existence and the terms of exercising of the warranties and other contractual terms, in accordance with Articles R. 111-1 and R. 111-2 of the Consumer Code.
In addition, the Consumer receives the information specified in Article L.111-7 of the Consumer Code.
These General Terms of Sale and Services are applicable to all sales of Goods and Services completed on the Platform.
Article Three —Effective date and term
This Agreement shall become effective on the Order Confirmation date as defined in Article 4.
Article Four —Orders for Goods and Services and On line sale completion procedure
In order to fulfil the Order, the Consumer shall follow the following steps:
The Consumer then receives electronically and promptly a confirmation of payment acceptance for the Order.
The Consumer also receives electronically within 48 hours an acknowledgment of receipt confirming the Order (the "Confirmation of the Order").
Until confirmed by GOOD SESSIONS, the Order may be cancelled by GOOD SESSIONS. Delivery will take place at the Delivery address specified by the User upon the Order.
When performing the various above-mentioned steps of the Order, the User agrees to comply with these contractual terms by application of Article 1316-1 of the Civil Code.
GOOD SESSIONS agrees to fulfill the Order only within the limits of the available inventory of the Goods.
However, in accordance with Article L.122-1 of the Consumer Code, the Supplier and GOOD SESSIONS reserve the right to refuse the Order if it is abnormal, placed in bad faith or for any other legitimate reason (example: suspected theft) and, in particular, when there is a dispute with the Consumer regarding the payment of a previous Order.
Pre-Sale - Object in production:
When the good proposed on the Site is not yet built or can be reproduced on special request, a pre-sale is possible to the Consumer.
When the goods ordered by the Consumer are out of stock and/or can be produced again in series or at retail, production and delivery times are determined on a case-by-case basis by GOOD SESSIONS with the Supplier.
This pre-sale corresponds to a special order from the consumer, made according to the consumer's specifications and which is personal to him.
The right of withdrawal/retractation, in accordance with article L221-28 3 ° of the Consumer Code is not applicable.
Upon the Order Validation, thePrice to be paid is the All Inclusive Price.
Telecommunication costs (Internet) inherent to the access to the Site remain the sole responsibility of the Consumer.
The period of validity of the offers and prices is determined by the updating of the Site.
Payment of additional taxes:
The Consumer is informed that any taxes, customs duties or other charges may be levied by the State of origin of the Product.
These taxes are his responsibility and are additional to the All Inclusive Price indicated on the Site.
Depending on the country of delivery and the value of your order, your package may be subject to customs / import taxes.
Orders delivered to Europe are not subject to import taxes, there will be no additional charges on these orders. Taxes are not the same depending on the country, we recommend that you contact your local Customs Office.
If you refuse to pay customs duties and the package is returned to GOOD SESSIONS, management and delivery fees will be deducted from your refund.
Validity of the Order:
GOOD SESSIONS reserves the right to confirm the Order within a maximum of 48 hours.
Article Six - Payment Terms
The payment of the All Inclusive Price by the Consumer is completed only by credit card and the payment systems approved by STRIPE, PAYPAL and AMAZON PAY.
In case of payment by credit card, the transaction is immediately charged to the consumer's credit card after checking the data thereof, upon receipt of the debit authorization from the company that issued the credit card used by the Consumer.
For this purpose, the Consumer confirms that he is the holder of the credit card to be debited and that the name on the credit card is actually his. He communicates the sixteen digits and the expiry date of his credit card and, if applicable, the numbers of the visuel cryptogram.
In the event that the Ail Inclusive Price cannot be debited, the Online Sale will immediately be automatically cancelled and the Order will be cancelled.
In addition, the financial transaction is completed via the STRIPE or PAYPAL or AMAZON PAY Site and the Consumer should, in order for the Order to be valid, agree to STRIPE or PAYPAL or AMAZON PAY's general terms and meet the validity conditions imposed by STRIPE or PAYPAL or AMAZON PAY.
GOOD SESSIONS implements all the means to ensure the confidentiality and the security of the data transmitted on the https www.good-sessions.com Site.
Article Seven - Deliverv of the Order
1. Delivery method
The Consumer chooses one of the Delivery Methods offered on the Site on the occasion of the fulfilment of the Order.
2. Delivery address
The Consumer chooses a delivery address necessarily located in the Territory, under penalty of Order rejection. He shall be solely responsible for a delivery defect due to a lack of, or error in, information in the Order.
3. Amount of Delivery Costs
The amount of the Delivery Costs depends on the amount of the Order and the Delivery Method chosen by the Consumer. In any case, the amount of the Delivery Costs is specified to the Consumer before the Confirmation of the Order.
4. Delivery time
The Delivery Times are posted on the Site and may vary depending on the availability of the Goods under the Order.
5. Late delivery
In case of late delivery, the Order is not cancelled.
GOOD SESSIONS informs the Consumer by email or telephone that the Delivery will be delayed. The Consumer hereby agrees to give GOOD SESSIONS an additional one month delivery time.
The Consumer may decide to cancel the Order for any delay exceeding this additional period and shall send GOOD SESSIONS a notice of cancellation of the Order by registered mail to.
In the event that the Order has not yet been shipped when GOOD SESSIONS receives the consumer's cancellation notice, the Delivery is held and the Consumer is refunded by GOOD SESSIONS any amounts debited within thirty days of receipt of the notice of cancellation.
In the event that the Order has already been shipped upon receipt by GOOD SESSIONS of the cancellation notice, the Consumer may still cancel the Order by returning the parcel.
The Supplier and GOOD SESSIONS shall refund the amounts debited and the return costs paid by the Consumer within fourteen days following the receipt of the return of the refused parcel.
The returned Products should be new and in their original condition. The original packing conditions should be maintained. The return costs are the responsibility of the customer and will be debited from the refund.The customer must provide the original invoice to the returned product.
6. Verification of the Order upon arrival
The Consumer shall check the condition of the packaging as well as the Items upon Delivery.
It isthe Consumer's responsibility to express the reservations and daims he deems necessary, or even decline the package, when the package is obviously damaged on delivery.
The said reservations and complaints should be sent to GOOD SESSIONS by mail with acknowledgment of receipt within three working days, not including public holidays, following the date of Delivery of the Goods, with photographs of the parce! and / or delivered goods documenting the reserves and complaints raised.
Upon receipt, GOOD SESSIONS prints and sends him the label for the return of the parcel.
Failure to file a complaint within the aforementioned period will extinguish any action against GOOD SESSIONS in accordance with Article L. 133-3 of the Business Code.
The Consumer should ensure that the Goods delivered to him match the Order.
In case the goods do not meet, in kind or quality, the specifications mentioned in the Delivery Order, the Consumer should inform GOOD SESSIONS by e-mail and return the Goods to the address specified according to the provisions of Article 6.
Article Eight - Right of cancellation
The Consumer has a right of cancellation that he can exercise within fourteen calendar days of the date of receipt or withdrawal of the Order.
In the event that this period expires on a Saturday, a Sunday or a public holiday or non working day, it is extended to the next business day.
Within the legal deadline, the Consumer should contact GOOD SESSIONS by email at the following address: firstname.lastname@example.org for GOOD SESSIONS to print and send him the label for the return of the parcel.
A Consumer who wishes to exercise his right of cancelation should return the Items within the aforementioned period, in their original packaging, complete and new with the original invoice. The returned Products should be new and in their original condition. The original packing conditions should be maintained. The return costs are the responsibility of the customer and will be debited from the refund.
Article Nine - Warranty
The Seller acknowledge that they are subjected to the conditions of legal guarantees provided for in Articles L. 211-4, L. 211-5 and L. 211-12 of the Consumer Code and Articles 1641 and 1648 of the Civil Code. :
Article L211-4 of the Consumer's Code :« The Seller shall deliver a Good meeting the Con tract and shah' be responsible for compliance defects existing upon the delivery. He shah! also be responsible for compliance defects resulting from the packaging, assembling instructions or the installation when it was his responsibility under the contract or was performed under his responsibility. »
Article L211-5 of the Consumer's Code :« To meet the con tract, the Good should :
2° Or offer the features defined by mutual agreement by the Parties or be fit for any special purpose sought by the Buyer, that the Seller has been made aware of and that he has agreed to. »
Article 1641 of the Code Civil :« The Seller shah be bound by the warranty for latent defects in the thing sold, that make it un fit for the purpose it is intended for, or that so reduce the said purpose that Buyer would not have bought it or would have only given a lower price, had he been aware thereof. »
The foregoing provisions are not exclusive of the application of the legal guarantee of latent defects under Articles 1641 et seq. of the Civil Code, in accordance with the provisions of Article L.217-4 of the Consumer Code.
Aging, wear and deterioration due to the use of a liquid are excluded, within the exception of water for objects provided for this purpose (vase, glass, pot, etc.), as well as deterioration, breakage or loss resulting from an accidental circumstance, intervention of a third party, improper use or lack of maintenance.
Each product offered on the site is accompanied by a descriptive text and one or more photos, allowing the Customer to know more before the final order, the essential characteristics of the product and this in accordance with the provisions of the Consumer Code.
Informations, characteristics, photographs and graphics presented on the site or in the emails sent by GOOD SESSIONS are only given for information and are to be considered as non-contractual.
GOOD SESSIONS offers products created, manufactured or transformed by craftsmen by creators. Consequently, the products may be subject to slight variations in shape, weight, size and colors, which cannot engage the responsibility of GOOD SESSIONS.
Article Ten — Intellectual property riqhts
The brand of GOOD SESSIONS and of the Suppliers and all figurative or nonfigurative brands and more generally all other brands, illustrations, images and logos appearing on the Goods, their accessories and their packaging, whether registered or not, are and shah remain the exclusive property of GOOD SESSIONS and / or of the Suppliers.
Any total or partial reproduction, modification or use of such brand, illustrations, images and logos, for any reason and on any medium, without the formai and prior consent of the Suppliers and / or of GOOD SESSIONS is strictly prohibited.
The same is true of any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo.
The same applies to any copyright, design, model and patent that are the property of the Suppliers and / or of GOOD SESSIONS.
Article Eleven - Confidentiality of Data
The use of the GOOD SESSIONS site requires the User's acceptance of the General Terms of Sale, including this personal data processing clause.
GOOD SESSIONS, the processing controller, implements a personal data processing for the management of its sales operations, its commercial development and loyalty, as well as for statistical purposes.
The data collected are essentiel for such processing, since they allow GOOD SESSIONS to offer a loyalty program, but also to derive statistics of use, to thus offer services adapted to the requests of the users and to improve its offer and its catalogue.
In accordance with the Privacy Protection Policy, the Consumer is informed that the personal data collected by GOOD SESSIONS are: first and last names, home and delivery addresses, billing address, telephone number, email address, username, date of birth, age, sex of the person and, as a rule, any billing and payment data used to identify a person.
These data are for the exclusive use of GOOD SESSIONS and are not passed to any other department, partner, company, individuel or professional without the consent of the Consumer.
GOOD SESSIONS is committed to keeping this data confidentiel.
GOOD SESSIONS, with the consent of the Consumer, may however pass certain personal data to its partners for information, newsletter, proposais for cross-selling offers, statistics purposes...
The data are kept fora period of 12 months from receipt by GOOD SESSIONS.
GOOD SESSIONS undertakes to ensure the protection of the persona! data collected by updating and upgrading its computer system.
In pursuance of applicable laws, the Consumer is informed that he has the right to rectify and delete his data, to portability, limitation of processing, cancellation and opposition to ail the data regarding him, as well as the right to set guidelines on the fate of his data after his death.
These rights can be exercised at the postal address of the headquarters of GOOD SESSIONS or by email at email@example.com
GOOD SESSIONS undertakes to reply to his requests within 48 hours and to document and motivate his answers.
GOOD SESSIONS reserves the right to then require any proof of identity to justify the reality of the identity of the person exercising his right of cancellation or deletion, etc...
Despite the security of its website and the collection of personal data, GOOD SESSIONS agrees to comply with the provisions of the General Data Protection Regulation in particular Articles 32 et seq., in the event of breach of the personal data collected, by the notification of such breach to the CNIL within 72 hours of the event constituting the breach.
Article Twelve —Duties of GOOD SESSIONS
GOOD SESSIONS pays particular attention to the quality and security of its infrastructures, in particular through technical architecture guaranteeing a high level of security and availability of the Services.
GOOD SESSIONS does not guarantee permanent access, trouble-free operation, and the accuracy and integrity of transmitted or downloaded data.
It is the responsibility of the Consumer to carefully read the description of the Products and Services and their technical features as detailed on the Site and to confirm that the Products and / or Services he wishes to order meet his needs and expectations.
The illustrations of the Products accessible on the Site have no contractual value and are therefore not binding on GOOD SESSIONS.
Products are offered by GOOD SESSIONS subject to available inventory and as a result, the responsibility of GOOD SESSIONS shall not be incurred by the Consumer in case of Product unavailability.
In addition, GOOD SESSIONS shall determine at its sole discretion the evolution of Product ranges and references offered on the Site. The information found in the catalogues, leaflets and other commercial presentations is given for informational purposes only.
In the event of the later occurrence of a defect, which was latent at the time of sale, and making the Product unsuitable for its normal purpose, the Consumer shall notify GOOD SESSIONS of the occurrence thereof within thirty (30) calendar days from its discovery.
This notification should mention the references and dates of the corresponding Order and Delivery documents.
It is the responsibility of the Consumer to provide any documentation as to the reality of the defects that have occurred and their consequences on the intended purpose of the Product.
GOOD SESSIONS reserves the right to proceed directly or through any intermediary at its option, with the acknowledgment, checking and any inspection of the Product.
When the latent defect has been recognized by GOOD SESSIONS, the latter agrees either to return the sale Price of the Production return for the return of the said Product by the
Consumer or to replace the Product, where such replacement is possible, excluding any damages.
The Consumer shall carefully read the notes relating to the technical features of the Products supplied by the manufacturer of the Products and strictly observe the conditions of use defined by the latter.
The Consumer shall be solely responsible for any consequences in connection with any failure to comply with the use conditions, with an abnormal use of the Products and / or abnormal or inappropriate storage conditions, and the responsibility of GOOD SESSIONS cannot in any case be incurred in connection therewith.
The responsibility of GOOD SESSIONS may be validly incurred only if the Consumer demonstrates the existence of a fault attributable to GOOD SESSIONS, of a loss and a causal link between the fault and the loss.
The responsibility of GOOD SESSIONS will in any case be strictly limited to the direct, certain and foreseeable loss, excluding any indirect, hypothetical or unforeseeable loss and at any rate shall be limited to the amount actually collected by GOOD SESSIONS under the Order taken by the Consumer.
Unless formally objected to, the Consumers shall receive the Site Newsletter of the Site in order to be informed of the offers of GOOD SESSIONS, its development and events.
The Consumers have may at anytime adjust the information they wish to receive or unsubscribe in the link provided for this purpose in each newsletter or messages sent for prospecting purposes.
Article Fourteen - Intellectual Property
The technology and underlying software of the Services, as well as the Site, including its ergonomies (including its graphies, tabs, features, etc.) and its content (including images, logos, artwork, photos, texts, etc.), are the exclusive property or license of GOOD SESSIONS.
Any reproduction, representation, or operation of any nature, by whatever process and for any purpose, of all or part of the Services and / or the Site, including its structure and / or its content without the prior written permission of GOOD SESSIONS constitutes an act of infringement leading to the civil and / or criminal penalties provided for by law.
Article Fifteen - Force Majeure
The performance by GOOD SESSIONS of its duties under this Agreement shall be suspended in the event of the occurrence of a fortuitous event or force majeure event interfering with or delaying the performance thereof, including the following cases:
- Any strike or demonstration blocking traffic or transport;
- Internet failure;
No amendment, termination or relinquishment of any of the clauses of this Agreement shall be valid without a written and signed agreement between the Parties.
- Independence of the Parties
None of the Parties may make any commitment on behalf of and / or for the account of the other Party.
In addition, each of the Parties remains solely responsible for its daims, commitments, services, products and personnel.
The fact that one of the Parties does not daim an undertaking by the other Party to perform any of the duties referred to herein, shall not be interpreted for the future as a waiver of the respective duty.
All notices to be made under this Agreement shall be deemed to be made if made by registered mail with acknowledgment of receipt sent to the addresses stated in the quotation or Order signed and accepted by the Consumer.
—Complaints and amicable dispute settlement
This article is only applicable to French national Consumers.
According to Article L. 612-1 of the Consumer Code: "All Consumers have a right to call upon, free of charge, a consumer mediator for the amicable settlement of a dispute with a professional."
Disputes falling within the scope of Article L. 612-1 of the Consumer Code are the disputes defined in Article L. 611-1 of the Consumer Code, namely contractual disputes, covering the performance ofa sales contract or contract for Service supplies, between a Consumer and a professional. The text covers national disputes and cross-border disputes.
For any difficulty, the Consumer is asked to get in touch with GOOD SESSIONS beforehand or to contact its Customer Service at firstname.lastname@example.org
Within one year following the request, pursuant to Article R.616-1 of the Consumer Code, the Consumer is informed that he can have his request reviewed by a mediator whose contact details are shown below, knowing that a dispute cannot be reviewed, except in exceptional cases, by more than one mediator: MEDICYS:Centre de la Mediation et de Reglement Amiable des Huissiers de Justice 73 Boulevard de Clichy 75009 Paris
- Applicable Law
This Agreement shall be governed by French law, regardless of the nationality of the Seller or the Consumer, and regardless of the origin or destination of the products sold.
- Jurisdictional clause
Any dispute resulting from the execution, interpretation or performance of this Agreement shah! be brought before the courts in the jurisdiction of Salon de Provence, notwithstanding several defendants or impleaders.