Terms of sale

Article 1 – Scope

These general terms of sale apply, without restriction or reservation, to all sales concluded by Loïc Chossière (“the Seller”) with consumers and non-professional buyers (“the Customers” or “the Customer”) wishing to purchase the products offered for sale by the Seller (“the Products”) on the website www.loicchossiere.fr. They set out in particular the conditions for ordering or pre-ordering, payment, delivery and the handling of any returns of Products ordered or pre-ordered by Customers.

These general terms of sale may be supplemented by special conditions, stated on the website before any transaction with the Customer. They apply to the exclusion of all other conditions, in particular those applicable to sales in shops or through other distribution and marketing channels.

They are available at any time on the website www.loicchossiere.fr and prevail, where applicable, over any other version or any other conflicting document. As these general terms of sale may be amended, the version applicable to the Customer’s purchase is the one in force on the website on the date the order or pre-order is placed.

Article 2 – Products offered for sale

The Products offered for sale on the website www.loicchossiere.fr are the following:

• B2B and B2C services;
• training courses;
• e-books;
• software: scripts and templates.

The main characteristics of the Products, including their specifications, illustrations and indications of size or capacity, are presented on the website www.loicchossiere.fr. Each product page states whether the product is available or on pre-sale, and gives the delivery time. The Customer must read this information before placing any order or pre-order.

The choice and purchase of a Product are the sole responsibility of the Customer. The photographs and graphics shown on the website are not contractual and cannot engage the liability of the Seller.

The Customer must refer to the description of each Product to learn its properties, essential features and delivery times, and, for the continuous or periodic supply of goods, the minimum term of the proposed contract.

Contractual information is presented in French and is confirmed at the latest when the Customer validates the order or pre-order. The Products presented on the website are offered for sale in metropolitan France.

Article 3 – Validity of the offer of Products – Pre-sale

Offers of Products said to be “in stock” are valid while stocks last, as specified when the order or pre-order is placed.

Offers of Products on pre-order presented by the Seller are valid only within the time available and the quantity offered for pre-order.

Article 4 – Seller’s contact details and legal notice

The Seller’s contact details are as follows:

Loïc Chossière, micro-enterprise
Registered office: Les Pins, 63550 Saint-Rémy-sur-Durolle, France
Contact email: bonjour@loicchossiere.fr

The website is hosted by Railway Corporation, whose contact details are given in the legal notice.

In accordance with the French Data Protection Act of 6 January 1978, strengthened and supplemented by the General Data Protection Regulation (GDPR) which came into force on 25 May 2018, the Customer has at any time a right of access, rectification, objection, erasure and portability of all their personal data, by writing by post, with proof of identity, to the Seller’s address given above.

The Customer’s validation of the order or pre-order constitutes acceptance without restriction or reservation of these general terms of sale. The Customer acknowledges having the legal capacity required to enter into a contract and purchase the Products offered on the website www.loicchossiere.fr.

Article 5 – Orders and pre-orders

5.1 Placing an order or pre-order

The Customer selects on the website www.loicchossiere.fr the products they wish to order or pre-order, as follows: the Customer selects the product they wish to purchase, providing the information requested for the proper performance of the assignment, then validates their basket by entering the following information:

• last name;
• first name;
• delivery postal address;
• email address;
• telephone number;
• order note.

Once this information has been entered, the Customer validates their order or pre-order and may proceed to payment by bank card, Mastercard or American Express.

The Customer can check the details of their order or pre-order and its total price, and correct any errors, before confirming their acceptance. It is the Customer’s responsibility to check that the order is accurate and to report or correct any error immediately.

An order or pre-order is recorded on the website when the Customer accepts these general terms of sale by ticking the box provided for this purpose and validates their order. This validation implies acceptance of all these general terms of sale and of the website’s terms of use.

The sale is final only once the Seller has sent the Customer, by email and without delay, confirmation that the order has been accepted, and once the Seller has received the full price.

Any order or pre-order placed, validated by the Customer and confirmed by the Seller under the conditions described above constitutes a distance contract between the Customer and the Seller.

Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over the payment of a previous order. The Customer is informed by email of the various stages of their order. The Seller reserves the right to refuse orders for the same Product in large quantities, comprising more than three products with the same characteristics.

5.2 Changing an order or pre-order

Once confirmed and accepted by the Seller under the conditions described above, an order or pre-order cannot be changed.

5.3 Cancelling an order or pre-order

Once confirmed and accepted by the Seller under the conditions described above, an order or pre-order cannot be cancelled, except through the exercise of the right of withdrawal or in the event of force majeure.

Article 6 – Prices

The Products are supplied at the prices in force on the website www.loicchossiere.fr when the order or pre-order is recorded by the Seller. Prices are expressed in euros (VAT not applicable, article 293 B of the French General Tax Code).

Prices take into account any discounts granted by the Seller on the website. They are firm and not subject to revision during their period of validity, as indicated on the website, the Seller reserving the right to change prices at any time outside that period.

The payment requested from the Customer corresponds to the total amount of the purchase, including costs.

Article 7 – Payment terms

The price is payable in cash, in full, on the day the Customer places the order or pre-order, by secure payment:

• by bank card: Carte Bancaire, Visa, Mastercard, American Express.

Payment by bank card is irrevocable, except in the event of fraudulent use of the card. In that case, the Customer may request the cancellation of the payment and the refund of the corresponding sums.

Payment data is exchanged in encrypted form through the payment provider Stripe. No additional charge exceeding the costs borne by the Seller for the use of a means of payment may be charged to the Customer.

Article 8 – Deliveries with signature

The Products ordered or pre-ordered by the Customer are delivered in metropolitan France, within a time set by the carrier Chronopost from dispatch, to the address given by the Customer when ordering on the website www.loicchossiere.fr. Delivery is made by Chronopost against signature.

Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or where one or more Products are unavailable, ordered Products are delivered in a single shipment.

The Seller undertakes to use its best efforts to deliver the ordered Products within the times specified above. These times are, however, given for information only. If the ordered Products have not been delivered within 15 days of the indicative delivery date, for any reason other than force majeure or the act of the Customer, the sale may be cancelled at the Customer’s written request, under the conditions provided for in articles L216-2, L216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer are then refunded at the latest within fourteen days of the date the contract is terminated, without any compensation or deduction.

If the Product delivered does not conform, the Seller undertakes to remedy it or to refund the Customer, as set out in article 11, “Seller’s liability – Warranty”.

The carrier bears the risks of transport and must compensate the Customer for any damage caused during transport. Deliveries are made by an independent carrier, to the address given by the Customer when ordering, which the carrier must be able to access easily.

If the Customer makes a special request regarding the packaging or transport of the ordered products, duly accepted in writing by the Seller, the related costs are invoiced separately, on the basis of a quotation accepted in writing by the Customer beforehand.

Article 9 – Transfer of ownership – Transfer of risk

Ownership of the Seller’s Products is transferred as soon as the Seller accepts the order or pre-order, which records the parties’ agreement on the goods and the price, regardless of the date of payment and delivery.

Article 10 – Right of withdrawal

In accordance with the legal provisions in force, the Customer has fourteen days from receipt of the Product to exercise their right of withdrawal with the Seller, without having to give reasons or pay any penalty, for an exchange or a refund, provided that the Products are returned in their original packaging and in perfect condition within 48 hours of notifying the Seller of the Customer’s decision to withdraw.

Returns must be made in their original and complete condition (packaging, accessories, instructions…), allowing them to be put back on the market as new, together with the purchase invoice. Damaged, soiled or incomplete Products are not taken back.

The right of withdrawal can be exercised online by sending an email to bonjour@loicchossiere.fr. The official model withdrawal form may be used, in which case an acknowledgement of receipt on a durable medium is immediately sent to the Customer by the Seller, or any other unambiguous statement expressing the wish to withdraw.

If the right of withdrawal is exercised for a refund within the above period, only the price of the Product or Products purchased and the delivery costs are refunded; return costs remain payable by the Customer.

If the right of withdrawal is exercised for an exchange within the above period, return costs are free of charge. To receive a return slip, an exchange request must be sent by email to bonjour@loicchossiere.fr. The refund is made within 14 days of notifying the Seller of the decision to withdraw.

However, in accordance with article L221-28 of the French Consumer Code, the right of withdrawal cannot apply to cosmetic products, given that, to protect the environment, they are not sealed and no secondary blister pack is used in their packaging.

Article 11 – Seller’s liability – 48-hour warranty

The Products sold on the website www.loicchossiere.fr comply with the regulations in force in France and perform in a manner compatible with non-professional use.

The Products supplied by the Seller benefit as of right and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions:

• from the legal warranty of conformity, for Products that are apparently defective, damaged or do not match the order;
• from the legal warranty against hidden defects arising from a defect in material, design or manufacture affecting the products delivered and making them unfit for use.

It is recalled that, under the legal warranty of conformity, the Customer has two years from delivery of the goods to take action against the Seller; may choose between repair or replacement of the ordered Product, subject to the cost conditions provided for by article L217-9 of the French Consumer Code; and is exempt from proving the existence of the lack of conformity of the Product during the twenty-four months following its delivery.

The legal warranty of conformity applies independently of any commercial warranty that may cover the Product. The Customer may decide to invoke the warranty against hidden defects of the Product in accordance with article 1641 of the French Civil Code; in that case, they may choose between cancellation of the sale or a reduction of the sale price, in accordance with article 1644 of the French Civil Code.

To assert their rights, the Customer must inform the Seller in writing of the non-conformity of the Products within a maximum of 48 hours of their delivery or of the discovery of hidden defects within the above periods, and return the defective Products in the condition in which they were received, with all their components (accessories, packaging, instructions…).

The Seller refunds, replaces or has repaired the Products or parts under warranty found to be non-conforming or defective. Shipping costs are refunded on the basis of the rate invoiced, and return costs on presentation of receipts.

Refunds for Products found to be non-conforming or defective are made as soon as possible, and at the latest within 14 days of the Seller’s finding of the lack of conformity or hidden defect. Refunds are made by credit to the Customer’s bank account or by cheque sent to the Customer.

The Seller cannot be held liable in the following cases:

• failure to comply with the legislation of the country in which the products are delivered, which the Customer is responsible for checking;
• misuse, professional use, negligence or lack of maintenance on the part of the Customer;
• normal wear and tear of the Product, accident or force majeure.

The Seller’s warranty is in any event limited to the replacement or refund of Products that are non-conforming or affected by a defect.

Article 12 – Personal data protection

Pursuant to French Act no. 78-17 of 6 January 1978 as amended by Act no. 2018-493 of 20 June 2018, it is recalled that the personal data requested from the Customer, namely their last name, first name, email address and postal address, are necessary for processing their order or pre-order and for issuing invoices, among other things. Under no circumstances will this information be used for commercial purposes.

This data may be passed on to the Seller’s partners responsible for the performance, processing, management and payment of orders.

The processing of information provided through the website www.loicchossiere.fr meets the legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.

In accordance with the national and European regulations in force, the Customer has a permanent right of access, modification, rectification, objection, portability and restriction of processing of the information concerning them. This right is exercised under the conditions described in the privacy policy.

Article 13 – Intellectual property

The content of the website www.loicchossiere.fr is the property of the Seller and its partners and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute the offence of counterfeiting.

Article 14 – Unforeseeability

In the event of a change in circumstances that was unforeseeable when the contract was concluded, in accordance with article 1195 of the French Civil Code, the party that had not agreed to bear the risk of an excessively onerous performance may ask the other party to renegotiate the contract.

Article 15 – Force majeure

The parties cannot be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure within the meaning of article 1218 of the French Civil Code.

Article 16 – Applicable law – Language

These general terms of sale and the transactions arising from them are governed by French law. They are written in French. If they are translated into one or more languages, only the French text shall prevail in the event of a dispute.

Article 17 – Disputes

All disputes to which purchase and sale transactions concluded under these general terms of sale may give rise, concerning their validity, interpretation, performance, termination, consequences and aftermath, and which could not be resolved between the Seller and the Customer, shall be submitted to the competent courts under the conditions of ordinary law.

The Customer is informed that they may in any event have recourse to conventional mediation, in particular with the Consumer Mediation Commission (article L612-1 of the French Consumer Code) or with existing sector mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

A Customer who finds that a breach of the General Data Protection Regulation may have been committed may mandate an association or body mentioned in section IV of article 43 ter of the French Data Protection Act of 1978 to obtain redress against the data controller or processor before a civil or administrative court, or before the French data protection authority (CNIL).

Article 18 – Pre-contractual information – Customer acceptance

The fact that a natural or legal person orders or pre-orders on the website www.loicchossiere.fr entails full and complete adherence to and acceptance of these general terms of sale and the obligation to pay for the Products ordered, which the Customer expressly acknowledges, waiving in particular the right to rely on any conflicting document, which would not be enforceable against the Seller.

Article 19 – Hyperlinks and cookies

The website www.loicchossiere.fr may contain hyperlinks. By clicking on them, the Customer leaves the website. The website has no control over the content of the linked pages and cannot be held responsible for it. The publisher of the website cannot be held liable if the content of those websites and applications breaches the laws in force.

When visiting the website www.loicchossiere.fr, a cookie may be installed automatically on the Customer’s browser. Cookies are small files stored temporarily on the hard disk of the Customer’s computer. These cookies are necessary to ensure the accessibility of and navigation on the website. These files contain no personal information and cannot be used to identify a person. The information in cookies is used to improve browsing performance. By browsing the website, the Customer accepts cookies. They can be disabled through the browser settings.