Terms of Sales

General Terms and Conditions of Sale to Individual Consumers

 

 

 

 

These General Conditions of Sale (hereinafter the "GTC") apply to any purchase made by a natural person (hereinafter the "CUSTOMER") on the SITE  : www. cathrecylce.com (hereinafter the "SITE") 

 

 

 

With Cath Recycle Catherine HENRICH Individual Company 

registered in the register of trades and commerce of Moselle followed by the city 

under the SIRET number, 524 776 770 00025 

having its headquarters:   57a Grand Rue 57720 Waldhouse 

 

Tel:   06 87 51 28 07, EMAIL: catherine.henrich57@gmail.com

 

The SITE www.cathrecycle.com the following PRODUCTS: 

• fabric earrings

• fabric wristbands

• fabric necklaces

• hair clips and fabric scrunchie

• fabric key ring

• iron-on patches

 

 

 

IMPORTANT The CUSTOMER declares to have read and accepted the General Conditions of Sale prior to placing his order. The validation of the order therefore implies acceptance of the General Conditions of Sale.

 

 

 

Updated June 1, 2022

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(Replaces the previous General Conditions of Sale of May 30, 2022)

 

ARTICLE 1. DEFINITIONS

The terms used below have, in these General Conditions of Sale, the following meaning: 

“CUSTOMER”: designates the co-contractor of CATH RECYCLE followed by the company name, who guarantees to have the quality of consumer as defined by French law and case law. As such, it is expressly provided that the CUSTOMER acts outside of any usual or commercial activity.

“DELIVERY”: refers to the first presentation of the PRODUCTS ordered by the CLIENT to the DELIVERY address indicated when ordering.

“PRODUCTS”: designates all the PRODUCTS available on the SITE.

“SITE”: refers to the SITE web address of the SITE property of CATH RECYCLE Sole Proprietorship

 

ARTICLE 2. PRINCIPLES

These T&Cs express all of the obligations of the parties. 

 

In this sense, the CLIENT is deemed to accept them without reservation. These GCS apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

 

The CUSTOMER is clearly informed and acknowledges that the SITE is aimed at consumers and that professionals must contact the CATH RECYCLE sales department in order to benefit from separate contractual conditions.

 

These T&Cs are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download, print the GCS and keep a copy. 

CATH RECYCLE and the CUSTOMER agree that these T&Cs exclusively govern their relationship. 

CATH RECYCLE reserves the right to modify its T&Cs from time to time. They will be applicable as soon as they are put online. CATH RECYCLE advises the CUSTOMER to read the T&Cs for each new order, the latest version of the said conditions applying to any new order of PRODUCTS.

 

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.

 

ARTICLE 3. CONTENT

The purpose of these GCS is to define the rights and obligations of the parties in the context of the online sale of goods offered by CATH RECYCLE to the CLIENT, from the SITE address of the SITE.

 

These conditions only concern purchases made on the SITE and delivered exclusively in mainland France or Corsica.

For any DELIVERY in the DOM-TOM or abroad, please send a message to the following e-mail address: cath.recycle57@gmail.com

 

These purchases concern the following PRODUCTS:

• fabric earrings

• fabric wristbands

• fabric necklaces

• hair clips and fabric scrunchie

• fabric key ring

• iron-on patches

 

ARTICLE 4. PURCHASE OF PRODUCTS ON THE SITE

 

To be able to buy a PRODUCT, the CUSTOMER must be at least 18 years old and have the legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives.

 

The CUSTOMER will be asked to provide information to identify him by completing the form available on the SITE. 

 

The sign (*) indicates the mandatory fields must be completed for the CLIENT's order to be processed by CATH RECYCLE.

 

The CUSTOMER can check the status of his order on the SITE. 

 

Tracking of DELIVERIES may, where appropriate, be carried out using the online tracking tools of certain carriers. The CUSTOMER may also contact CATH RECYCLE's sales department at any time by e-mail at cath.recycle@gmail.com to obtain information on the status of their order.

 

The information that the CUSTOMER provides to CATH RECYCLE when placing an order must be complete, accurate and up-to-date. CATH RECYCLE reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information communicated.

 

ARTICLE 5. PRE-CONTRACTUAL INFORMATION

 

The CUSTOMER acknowledges having had communication, prior to placing his order and concluding the contract, in a readable and understandable manner, of these Terms and Conditions of Sale and of all the information listed in Article L. 221-5 of the consumer code.

 

The following information is transmitted to the CLIENT in a clear and understandable manner:

 

• The essential characteristics of the property; 

• The price of the property and/or the method of calculating the price; 

• If applicable, all additional costs of transport, DELIVERY or postage and all other possible charges payable; 

• In the absence of immediate execution of the contract, the date or the deadline by which CATH RECYCLE undertakes to deliver the good, whatever its price; 

• Information relating to the CATH RECYCLE identity, its postal, telephone and electronic contact details, and its activities, those relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and the terms and conditions for implementing guarantees and other contractual conditions.

 

ARTICLE 6. THE ORDER

 

The CUSTOMER has the possibility of placing his order online, from the online catalog and by means of the form which appears there, for any PRODUCT, within the limit of available stocks. The CUSTOMER will be informed of any unavailability of the PRODUCT or the goods ordered. For the order to be validated, the CUSTOMER must accept, by clicking where indicated, these General Conditions. He will also have to choose the address and the DELIVERY method, and finally validate the payment method.

 

The sale will be considered final after the CLIENT has been sent confirmation of acceptance of the order by CATH RECYCLE by e-mail; and after receipt by CATH RECYCLE of the full price.

 

Any order implies acceptance of the prices and description of the PRODUCTS available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.

 

In certain cases, in particular non-payment, incorrect address or other problem on the CLIENT's account, CATH RECYCLE reserves the right to block the CLIENT's order until the problem is resolved.

For any question relating to the follow-up of an order, the CUSTOMER can call the following TELEPHONE number: 06 87 51 28 07, on the following days and times: Monday to Friday, from 8 a.m. to 5 p.m., or send an email to CATH RECYCLE at the following email address: cath.recycle57@gmail.com

 

Article 6.1.  Electronic Signature

 

The online provision of the CUSTOMER's bank card number and the final validation of the order will constitute proof of the CUSTOMER's agreement: payment of the sums due under the order form; signature and express acceptance of all operations carried out. 

 

In the event of fraudulent use of the credit card, the CUSTOMER is invited, as soon as this use is observed, to contact CATH RECYCLE at the following telephone number: 06 87 51 28 07 

 

Article 6.2 - Order Confirmation

 

Once the order steps are completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CLIENT by e-mail, provided that the e-mail address communicated by the registration form is correct.

 

CATH RECYCLE does not send any order confirmation by post or fax.

 

Section 6.3. Proof of Transaction

 

The computerized registers, kept in the COMMERCIAL NAME computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

 

Section 6.4. Billing

 

During the ordering process, the CUSTOMER must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CUSTOMER's order to be processed by CATH RECYCLE).

 

The CUSTOMER must in particular clearly indicate all the information relating to the DELIVERY, as well as any possible access code to the DELIVERY address. The CUSTOMER must also specify the means of payment chosen.

 

Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that CATH RECYCLE sends to the CUSTOMER by e-mail constitutes an invoice. Whatever the method of order or payment used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.

 

Section 6.5. PRODUCT INFORMATION

 

The PRODUCTS governed by these GCS are those which appear on the SITE and which are indicated as sold and shipped by COMMERCIAL NAME. They are offered within the limits of available stocks. 

 

The PRODUCTS are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, CATH RECYCLE cannot be held liable.

 

The photographs of the PRODUCTS are not contractual.

 

Section 6.6. Price

 

CATH RECYCLE reserves the right to modify its prices at any time but undertakes to apply the current prices indicated at the time of the order, subject to availability on that date.

 

Prices are in euros. They do not take into account the DELIVERY costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically passed on to the price of the PRODUCTS in the online store. 

 

If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the selling price of the PRODUCTS.

 

The prices indicated are valid, except gross error. The applicable price is that indicated on the SITE on the date on which the order is placed by the CLIENT.

 

Section 6.7. PRODUCT Availability

 

CATH RECYCLE undertakes to deliver the PRODUCT on the date or within the period indicated to the CLIENT, unless the parties have agreed otherwise. The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. 

 

CUSTOMERS can also be informed of the restocking of a PRODUCT by COMMERCIAL NAME. 

 

In any case, if the unavailability was not indicated at the time of the order, CATH RECYCLE undertakes to inform the CLIENT without delay if the PRODUCT is unavailable.

 

In the event that a PRODUCT is unavailable, CATH RECYCLE may, if the parties agree, offer an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT. If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for the unavailable PRODUCTS no later than (30) days from payment.

 

ARTICLE 7. PAYMENT

 

Section 7.1. Payment method

 

This is an order with payment obligation, which means that placing the order involves payment by the CLIENT. 

 

To pay for his order, the CUSTOMER has, at his option, all the payment methods made available to him by CATH RECYCLE and listed on the SITE.

  The CUSTOMER guarantees CATH RECYCLE that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form.  

 

The payment of the price is made in full on the day of the order, according to the following methods: Credit card via PayPal; PayPal; Check; Transfer (to be modified according to the types of payment you offer)

 

Payment of the price can be made according to a schedule, with an amount and installments spread over a period determined between CATH RECYCLE and the CUSTOMER on a case-by-case basis, according to the following terms: PayPal (Payment in 3 or 4 instalments) (to be modified depending on what you suggest)

 

Section 7.2. Payment date

 

In the event of a single payment by credit card via PayPal or PayPal, the CLIENT's account will be debited as soon as the order for PRODUCTS is placed on the SITE.

 

Section 7.3. Late or Refused Payment

 

If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the CATH RECYCLE CUSTOMER service cath.recycle57@gmail.com in order to pay for the order by any other valid means of payment._cc781905-5cde-3194- bb3b-136bad5cf58d_

 

CATH RECYCLE reserves the right to suspend any order management and any DELIVERY in the event of refusal of authorization for payment by credit card from officially accredited bodies or in the event of non-payment._cc781905-5cde-3194-bb3b- 136bad5cf58d_

 

CATH RECYCLE specifically reserves the right to refuse to make a DELIVERY or to honor an order from a CUSTOMER who has not fully or partially paid for a previous order or with whom a payment dispute is under administration. . 

 

Article 8. DELIVERY

 

Section 8.1. PRODUCT Availability - Refund - Resolution

 

Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the SITE, the shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

 

For DELIVERIES in Metropolitan France and Corsica, the deadline is 3 to 5 days from the day following that on which the CUSTOMER placed his order, according to the following terms: Colissimo. At the latest, the deadline will be 30 working days after the conclusion of the contract.

For DELIVERIES in the DOM-TOM or another country, the terms of DELIVERY will be specified to the CUSTOMER on a case-by-case basis.

 

In the event of non-compliance with the agreed DELIVERY date or deadline, the CUSTOMER must, before breaking the contract, order CATH RECYCLE to perform it within a reasonable additional period.

 

In the absence of performance at the end of this new period, the CLIENT may freely terminate the contract.

 

The CLIENT must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.

The contract will be considered resolved upon receipt by CATH RECYCLE of the letter or writing informing it of this resolution, unless the professional has performed in the meantime.

 

The CUSTOMER may, however, immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.

 

In this case, when the contract is terminated, CATH RECYCLE is required to reimburse the CLIENT for all sums paid, at the latest within 14 days following the date on which the contract was terminated.

 

In case of unavailability of the PRODUCT ordered, the CUSTOMER will be informed as soon as possible and will have the possibility of canceling his order. The CUSTOMER will then have the choice of requesting either the reimbursement of the sums paid within 14 days of their payment at the latest, or the exchange of the PRODUCT.

 

Section 8.2. Delivery Terms

 

DELIVERY means the transfer to the consumer of physical possession or control of the goods. The PRODUCTS ordered are delivered according to the terms and time specified above.

 

The PRODUCTS are delivered to the address indicated by the CLIENT on the order form, the CLIENT must ensure its accuracy. Any package returned to CATH RECYCLE due to an incorrect or incomplete DELIVERY address will be reshipped at the CLIENT's expense. 

 

The CUSTOMER may, at his request, obtain the sending of an invoice to the billing address and not to the DELIVERY address, by validating the option provided for this purpose on the order form.

 

If the CUSTOMER is absent on the day of DELIVERY, the delivery person will leave a notice in the mailbox, which will allow the package to be collected at the place and time indicated. 

If at the time of DELIVERY, the original packaging is damaged, torn, opened, the CUSTOMER must then check the condition of the items. If they have been damaged, the CUSTOMER must imperatively refuse the parcel and note a reservation on the DELIVERY slip (parcel refused because opened or damaged). The CUSTOMER must indicate on the DELIVERY note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the DELIVERY (damage, missing product compared to the DELIVERY note, damaged package, broken PRODUCTS, etc.). This verification is considered to have been carried out once the CLIENT, or a person authorized by him, has signed the DELIVERY slip.

The CUSTOMER must then confirm these reservations by registered mail to the carrier no later than two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to CATH RECYCLE at the address indicated in the mentions of the SITE.

 

If the PRODUCTS need to be returned to CATH RECYCLE, they must be the subject of a return request to CATH RECYCLE within 14 days of DELIVERY. 

 

Any complaint made outside this period cannot be accepted. 

 

The return of the PRODUCT can only be accepted for PRODUCTS in their original state (packaging, accessories, instructions, etc.).

 

Section 8.3. Delivery Errors

 

The CUSTOMER must formulate with COMMERCIAL NAME on the same day of DELIVERY or at the latest on the first working day following DELIVERY, any complaint of error of DELIVERY and/or non-conformity of the PRODUCTS in kind or in quality with respect to the instructions on the order form. Any complaint made after this period will be rejected.

 

The complaint may be made, at the CLIENT's choice: by TELEPHONE at the following number: 06 87 51 28 07; by e-mail to the following address: cath.recycle57@gmail.com

Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release CATH RECYCLE from any liability vis-à-vis the CLIENT.

 

Upon receipt of the complaint, CATH RECYCLE will assign an exchange number for the PRODUCT(s) concerned and will communicate it by e-mail to the CUSTOMER. The exchange of a PRODUCT can only take place after the allocation of the exchange number.

 

In the event of a DELIVERY or exchange error, any PRODUCT to be exchanged or refunded must be returned to CATH RECYCLE as a whole and in its original packaging, by Colissimo Recommended, to the following address: _cc781905-5cde- 3194-bb3b-136bad5cf58d_

CATH RECYCLE EI 57a Grand rue 57720 Waldhouse (France)

 

Return costs are borne by CATH RECYCLE.

 

ARTICLE 9. PRODUCT WARRANTY

 

Section 9.1. Legal Guarantee of Conformity

 

CATH RECYCLE guarantees the conformity of the goods sold with the contract, allowing the CLIENT to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 and following of the Consumer Code.

 

In the event of implementation of the legal guarantee of conformity, it is recalled that:

 

-  the CUSTOMER has a period of 2 years from the delivery of the goods to act;

-  the CUSTOMER can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;

-   the CUSTOMER does not have to provide proof of the non-compliance of the goods during the 24 months in the case of new goods (6 months in the case of second-hand goods), following delivery good.

 

Section 9.2. Legal Guarantee Against Hidden Defects

 

In accordance with articles 1641 and following of the civil code, CATH RECYCLE guarantees against hidden defects that may affect the property sold. It will be up to the CUSTOMER to prove that the defects existed at the time of the sale of the property and are of such a nature as to render the property unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect. The CLIENT can choose between rescinding the sale or reducing the price in accordance with article 1644 of the civil code.

 

ARTICLE 10. RIGHT OF WITHDRAWAL 

 

Section 10.1. Application of the Right of Withdrawal

 

In accordance with the provisions of the Consumer Code, the CUSTOMER has a period of 14 days from the date of DELIVERY of his order, to return any item that does not suit him and request an exchange or refund without penalty, at with the exception of return costs which remain the responsibility of the CLIENT.

 

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold in new condition, accompanied by the purchase invoice.

 

Damaged, soiled or incomplete PRODUCTS are not taken back.

 

The right of withdrawal can be exercised online, using the withdrawal form available on this SITE. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the CLIENT. Any other mode of declaration of withdrawal is accepted. It must be unambiguous and express the will to retract.

 

In the event of exercise of the right of withdrawal within the aforementioned period, the price of the PRODUCT(s) purchased is reimbursed and the DELIVERY costs are reimbursed.

 

Return costs are the responsibility of the CUSTOMER.

 

The exchange (subject to availability) or reimbursement will be made within 8 days, and at the latest, within 14 days of receipt, by CATH RECYCLE of the PRODUCTS returned by the CUSTOMER under the conditions provided above.

 

Section 10.2. Exceptions 

 

According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:  

• supply of goods whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period; 

• supply of goods made to consumer specifications or clearly personalized; 

• supply of goods likely to deteriorate or expire rapidly; 

• supply of goods which have been unsealed by the consumer after DELIVERY and which cannot be returned for reasons of hygiene or health protection; 

• supply of goods which, after being delivered and by their nature, are inseparably mixed with other articles; 

• supply of alcoholic beverages whose DELIVERY is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional; 

• maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency; 

• supply of audio or video recordings or computer software when they have been unsealed by the consumer after DELIVERY; 

• supply of a newspaper, periodical or magazine, except for subscription contracts to these publications; 

• supply of digital content not provided on a material medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.

 

ARTICLE 11. FORCE MAJEURE

 

All circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes for exemption from the obligations of the parties and lead to their suspension.

 

The party who invokes the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

 

Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts._cc781905-5cde-3194- bb3b-136bad5cf58d_

 

Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to CUSTOMERS.

 

The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these GCS may be terminated by the injured party.

 

ARTICLE 12. INTELLECTUAL PROPERTY

 

All the visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.

Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request authorization from CATH RECYCLE in writing. 

This authorization from CATH RECYCLE will in no case be granted definitively. This link must be removed at the request of CATH RECYCLE. Hypertext links to the SITE using techniques such as framing or the insertion of hypertext links (in-line linking) are strictly prohibited.

 

Any representation or reproduction, total or partial, of the SITE and its content, by any process whatsoever, without the express prior authorization of CATH RECYCLE, is prohibited and will constitute an infringement punishable by articles L.335-2 and following. and articles L.713-1 and following of the Intellectual Property Code.

Acceptance of these T&Cs implies recognition by the CLIENT of Gaufre & Chantilly®'s intellectual property rights and a commitment to respect them.

 

ARTICLE 13. IT AND FREEDOMS

 

CATH RECYCLE collects personal data about its CUSTOMERS on the SITE, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.

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To learn more about the privacy policy and cookies go tohere

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ARTICLE 14. PARTIAL NON-VALIDATION

 

If one or more stipulations of these GCS are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and their scope.

 

ARTICLE 15. NON-WAIVER

 

The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these GCS cannot be interpreted for the future as a waiver of the obligation in cause.

 

ARTICLE 16. LANGUAGE OF THE CONTRACT

 

These T&Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

 

ARTICLE 17. MEDIATION

 

The CUSTOMER may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

 

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In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, our company has set up a consumer mediation system. The chosen mediation entity is: CNPM - MEDIATION - CONSUMPTION. In the event of a dispute, you can file your complaint on its website:  http://cnpm-mediation-consumption.eu  or by post by writing to CNPM - MEDIATION - CONSUMPTION - 27 Avenue de la Liberation 42400 SAINT-CHAMOND

 

ARTICLE 18. APPLICABLE LAW

 

These T&Cs are subject to the application of French law. 

In the event of a dispute or complaint, the CUSTOMER will first contact CATH RECYCLE to obtain an amicable solution.