GENERAL CONDITIONS OF SALE
SABES is a simplified joint stock company, located at 50 impasse de la Sereine in BEYNOST (01700), registered with the RCS of BOURG-EN-BRESSE under number 900 683 616 , whose main activity is the marketing and rental of leisure, educational and decorative objects.
These general conditions of sale are concluded between the company SABES, hereinafter "the company SABES", and any natural or legal person, hereinafter referred to as "the customer", who places an order for articles on the website https://www.mamie-stella.com/ hereinafter “the site”, or directly from the company SABES.
ARTICLE 1 - INTEGRALITY
These general conditions express all the obligations of the parties, they constitute the sole framework of the contractual relationship between the parties, prevail over any other document and in particular any general purchasing conditions of the customer. The customer acknowledges having accepted them without reservation.
SABES reserves the right to modify these general conditions at any time. Notification of this change will be made through an announcement on the site.
The latest version of the general conditions published on the site is applicable to the relations between the parties from its publication. The order is subject to the general conditions in force at the time the order is placed on the site.
ARTICLE 2 - CREATION OF A CUSTOMER ACCOUNT
The client who is a natural person declares to be of legal age and to have the legal capacity to conclude a sale.
When created for a legal person, the account is deemed to have been created by a person having the capacity and power to bind the legal person.
The customer agrees to provide SABES with sincere and complete data and not to infringe, in any way whatsoever, the rights of third-party natural or legal persons.
The customer also agrees to update the requested data and spontaneously correct any errors affecting them.
In the event that the customer provides inaccurate, incomplete, misleading or obsolete information, SABES reserves the right not to create the account or to suspend it after it has been created, in the eventuality in which she subsequently becomes aware of it.
SABES reserves the right to request supporting documents.
The customer is solely responsible for the use of his identifiers, he undertakes to make personal use of them and not to communicate them to third parties.
ARTICLE 3 - PRICES
The price of the items is that displayed on the site in euros including VAT at the VAT rate in force on the day of the order. It does not include delivery costs.
For any delivery request in the DROM-COM or in a country outside the European Union, the price of the items will apply exclusive of tax. Prior to any specific order, the customer is invited to contact SABES in order to request the price and delivery terms, by sending an email to the address firstname.lastname@example.org .
SABES reserves the right to vary the price of its items over time, particularly during promotional operations.
The items will be invoiced on the basis of the rates in effect at the time of confirmation of the order, subject to availability on that date
The amount of the order must be paid in full when ordering.
In addition, the customer can choose to make a specific request for the personalization of the articles.
The request must be sent by email to the address email@example.com .
In this case, SABES provides the customer with a quote which constitutes an estimate of the final price of the item.
The quote is valid for one (1) month from the date indicated on the quote. After this period, the prices fixed by the company SABES may change and a new estimate must be established.
The amount of the order for a personalized item is to be paid by the customer in two installments. When validating the order, the customer must pay a deposit of 50% (FIFTY PERCENT) of the total price of the order.
When the item is ready to be delivered or shipped, the customer will be emailed to pay the balance. The customer has seven (7) days from the date of sending this email to pay the balance.
Professional clients are reminded that a lump sum indemnity of 40 € (FORTY EUROS) for recovery costs applies by law for any late payment.
In all cases, no item will be delivered or shipped before full payment of the price by the customer. The transfer of ownership of the items to the customer is only effective upon full payment of the price.
ARTICLE 4 - AVAILABILITY OF ARTICLES
Items are marketed while stocks last.
Items available for pre-order are produced at the end of the pre-order campaign, depending on the number of pre-orders made by customers.
It is possible for the customer to send a specific or personalized order request. For any specific or personalized item request, the customer will not be able to order the item on the site, but must send an email to the address firstname.lastname@example.org
The offers of articles and prices are valid as long as they are visible on the site, except temporary promotional operations whose period of validity is indicated on the site.
In the event of an order for an item that turns out to be unavailable, the customer will be informed by email or phone as soon as possible and the customer will be offered to cancel their order.
In the event of an order for several items, if one of the items turns out to be unavailable, SABES will then inform the customer that the unavailable item cannot be sent. The rest of the order will be processed and shipped to the customer within the timeframe announced in the order confirmation email.
The customer may also opt for the total cancellation of his order, subject to informing SABES in advance, in clear and unambiguous terms, by email to the following address: email@example.com .
ARTICLE 5 - ORDER AND PRE-ORDER CONDITIONS
The customer who wishes to buy an item offered by the company SABES must:
- have a customer account created in accordance with Article 2 hereof,
- select the desired items and their quantity on the site,
- validate the order after checking it,
- make the payment under the conditions provided below
The validation of the order implies acceptance of these general conditions, the recognition of having full knowledge of them and the waiver of its own purchasing conditions or any other conditions.
When placed by a legal person, the order for items marketed by the SABES company is deemed to have been made by a person having the power to bind the company.
It is possible for the customer to send a specific or personalized order request. For any specific or personalized item request, the customer will not be able to order the item on the site, but must send an email to the address firstname.lastname@example.org
After payment, the customer will receive an invoice issued by the SABES company, which will constitute proof of the transaction. The customer expressly accepts the transmission of invoices in electronic format.
SABES accepts the following payment methods:
- Bank card,
- PayPal, and
- Bank transfer.
For any order placed directly and exclusively on the site, only payments by credit card and PayPal are accepted.
Payment by credit card
The SABES company only accepts bank cards authorized by the Stripe & Paypal media.
The customer must communicate to the company SABES the number of his bank card, its expiry date as well as, if applicable, the numbers of the visual cryptogram. In doing so, the customer expressly authorizes SABES to debit their card for the amount due for the transaction.
The customer certifies that he is the holder of the bank card used, that the name appearing on it is his own and that he has the necessary authorizations.
When ordering on the site, the customer's bank card is debited at the end of the order validation process, after verification of the card data and upon receipt of the debit authorization given by the issuer of the bank card used by the customer.
The customer communicates all the requested banking data in a secure environment on the Internet. In order to guarantee the confidentiality and security of banking data, the control is carried out online with the competent banking establishments and organizations, questioned via the STRIPE system, PAYPAL and ALMA, payment service providers. The companies STRIPE, PAYPAL and ALMA are responsible for the storage and automated processing of information relating to each order, including bank details, in a secure environment.
The customer remains fully responsible for the banking information he communicates and for securing his means of payment. The SABES company implements all means to ensure the confidentiality and security of the banking data transmitted by the customer.
Payment through PayPal
The customer can pay for his order through the PayPal payment site (credit card or PayPal account). The bank details relating to the means of payment are managed directly by the PayPal security service.
When ordering on the site, the customer's credit card or PayPal account are debited at the end of the order validation process.
The customer remains fully responsible for the banking information he communicates and for securing his means of payment.
5.3. Order process
The customer will receive from SABES an order confirmation email with a summary of the items ordered. This order confirmation email signifies acceptance by SABES of the customer's order and thus forms the sales contract between the parties.
When paying on the site, the customer will first receive an automatic payment confirmation email. The customer will then receive an order confirmation email from SABES with a summary of the items ordered. This order confirmation email signifies acceptance by the SABES company of the customer's order and thus forms the sales contract between the parties.
As soon as the order is ready to be delivered or shipped, SABES will send an order shipping email to the customer.
SABES reserves the right to refuse and cancel any order from a customer with whom there are present or past disputes.
When the order has been finalized and paid for, the customer cannot request the cancellation of his order, except for the implementation of his right of withdrawal under the conditions defined in article 7 below.
5.4. Pre-order process
SABES occasionally offers the sale of pre-order items.
Pre-order campaigns are subject to information available on the site relating to the items offered, the duration of the campaign, the minimum number of items necessary to finalize the pre-order and the deadlines for production as well as the expected delivery times from the end of the campaign.
The peculiarity of pre-order campaigns is the fact that the production of articles is only launched at the end of the pre-order period and on condition that the minimum number of planned articles is reached.
On these occasions, items are only offered for pre-order during the advertised pre-order period. Items remaining in stock at the end of the campaign and delivery will be sold on the site and may be ordered in accordance with the procedure provided for in this article 5, within the limits of available stocks. p >
The customer may pre-order an item under the conditions provided for in this article 5.
The customer will receive an email from SABES confirming that their pre-order has been taken into account. This confirmation email signifies acceptance by the SABES company of the customer's order and thus forms the sales contract between the parties.The sales contract will however only be executed upon the occurrence of the suspensive condition, namely that the minimum number of items provided has been reached
If the minimum pre-orders goal is not reached by the campaign closing date, customer pre-orders will be canceled and SABES will refund the total amounts of pre-orders, including costs, within a thirty (30) days.
If the minimum pre-order goal is met, pre-orders will be confirmed, which participating customers will be notified of by email, and item manufacturing will begin.
Participating customers will also be informed of the delivery date of the items ordered.
ARTICLE 6 - DELIVERY TERMS
Items can be delivered in mainland France and in any member state of the European Union.
For any delivery request in the DROM-COM or in a country outside the European Union, the customer, prior to any order, should contact SABES to find out the specific delivery terms. The customer is thus invited to send an email to the address email@example.com . It is already specified that in the event of liability for customs duties or import taxes or applicable local taxes, these costs are the responsibility of the customer and are his sole responsibility. < / p>
When placing the order, the customer can choose between several delivery methods. Delivery costs vary depending on the delivery method chosen by the customer. The standard delivery method is identified as such on the site.
The delivery costs of the items are the sole responsibility of the customer and are likely to change over time, depending on the pricing applied by the carriers. The delivery costs applied to the order are those indicated at the time of confirmation of the said order.
The delivery times announced on the site are calculated in working days, subject to validation of the order by the company SABES. The delivery date is calculated taking into account the order shipping time to which is added the delivery time of the carrier.
In the case of items sold on pre-order, the delivery time also includes the time for manufacturing the items. The manufacturing time is given as an indication when the pre-order campaign is launched.
At the end of the pre-order period and if the minimum pre-order goal is met, participating customers will be notified of the delivery date of the items ordered. In any case, the maximum delivery time for pre-order items will be three (3) months from the closing date of the pre-order campaign.
The delivery time starts to run from the sending of the package by the company SABES and is added to the shipping time of the order.
The customer is informed by email as soon as his order is shipped.
The delivery time depends on the delivery method chosen, it corresponds to the usual delivery time indicated by the different carriers.
The customer is fully responsible for the delivery address provided at the time of ordering. Any package returned to the SABES company due to an incorrect or incomplete delivery address will be reshipped at the customer's exclusive expense.
SABES undertakes to inform the customer of any delay in delivery of which it becomes aware.
If the package is damaged or incomplete upon receipt, the customer informs the company SABES It is specified that this information by the customer has no impact on the latter's ability to avail himself of the guarantees mentioned in article 8 hereof.
ARTICLE 7 - RIGHT OF WITHDRAWAL
7.1. Procedures for exercising the right of withdrawal
For orders placed on the site or remotely, the consumer customer has a period of fourteen (14) calendar days from receipt of his order to inform the company SABES of his intention to return an article. The period begins to run the day after delivery of the item. If the deadline expires on a Saturday, Sunday or a public holiday, it is extended until the next working day.
After this period, any item delivered will be considered accepted by the customer and in accordance with his order and may no longer be the subject of withdrawal.
The right of withdrawal is independent of legal guarantees, the implementation methods of which are provided for in Article 8 below.
It is specified that the implementation of the legal guarantee of conformity mentioned in article 8 hereof interrupts the withdrawal period.
The customer notifies his decision to withdraw from the contract concluded with the company SABES by means of a clear and unambiguous declaration to the postal address SAS SABES, 50 impasse de la Sereine, 01700 Beynost, or the email address firstname.lastname@example.org . If desired, the customer can use the model withdrawal form available in the appendix hereto.
The customer then has a period of fourteen (14) calendar days from the notification of his withdrawal to return the items to the postal address SAS SABES, 50 impasse de la Sereine, 01700 Beynost.
In the event of exercise of the right of withdrawal, the packaging and shipping costs necessary to return the item are the sole responsibility of the customer, the SABES company does not accept packages returned in postage due or cash on delivery.
All costs and risks associated with returning the item are the sole responsibility of the customer.
The customer is responsible for the choice of the mode of sending of the article, in particular in the event of bulky parcels, and is free to take out or not an insurance in the event of loss, theft or destruction of his parcel. However, the customer is advised to return in a tracked package, in order to provide proof of receipt of the package by the company SABES.
Only items returned complete, in their original packaging, in their original condition, new, if applicable unworn, unwashed and with their labels and other accessories in perfect condition will be accepted.
SABES reserves the right to refuse a returned item that does not meet one of the conditions set out above.
If the return is accepted by the SABES company, the sums already paid by the customer will be reimbursed as well as the delivery costs (but not return) within fourteen (14) calendar days from the reception of the articles by the company SABES. The refund will be made using the same means of payment as that used by the customer for the initial transaction, unless otherwise agreed.
In the event of a partial return of an order, SABES will reimburse the customer for the amount of delivery costs (but not return) in proportion to the total amount of the order.In the event of a total return of an order, SABES will reimburse the customer for the total amount of shipping costs paid when ordering
SABES will not reimburse additional delivery costs if the customer has chosen a more expensive delivery method than the standard mode offered on the site.
7.2. Exclusions from the right of withdrawal
In certain cases, the right of withdrawal is excluded, in accordance with the following provisions of Article L. 221-28 of the Consumer Code:
“The right of withdrawal cannot be exercised for contracts: (…)
3 ° Supply of goods made to the consumer's specifications or clearly personalized; (…)
5 ° For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection ”
Thus, the customer cannot exercise his right of withdrawal in the event of ordering personalized items or items that cannot be returned for reasons of hygiene (in particular upholstery cushions).
In addition, the exercise of the right of withdrawal does not apply to orders placed for professional purposes or, in general, by any person who would not have at the time of the order the quality of consumer, except to fulfill the conditions provided for in Article L. 221-3 of the Consumer Code.
ARTICLE 8 - GUARANTEES AND LIABILITY
8.1. Legal guarantee of conformity
The consumer customer has a period of two (2) years from the delivery of the article concerned to contest the lack of conformity of the article, in accordance with articles L. 217-4 and following of the Consumer Code. If the lack of conformity is proven, the customer can choose between repairing or replacing the goods, subject to the exceptions provided for in Articles L. 217-9 and L. 217-10 of the Consumer Code. p>
If the customer chooses to replace the goods, it is specified that the replacement can only relate to an identical item or of equivalent quality and price, subject to available stocks and the aforementioned exceptions. The client and the SABES company undertake to communicate in good faith.
It is specified that the implementation of the legal guarantee of conformity interrupts the withdrawal period mentioned in Article 7 hereof.
The legal guarantee of conformity only applies to sales to consumers, its application is excluded in the event of sale to a professional customer.
8.2. Legal warranty against hidden defects
The legal guarantee against hidden defects allows the customer to request, within two (2) years from the discovery of the defect, either the resolution of the sale or a partial refund of the sale price, in accordance with articles 1641 and following of the Civil Code.
8.3. Methods of implementing legal guarantees
The customer contacts the company SABES, specifying the difficulties or malfunctions encountered on the article concerned either by mail to the address SAS SABES, 50 impasse de la Sereine, 01700 Beynost, or by email to the address email@example.com .
The customer must also return the article concerned to the following postal address: S.A.S. SABES, 50 impasse de la Sereine, 01700 Beynost.
All shipping costs will be borne by the company SABES, on presentation of supporting documents by the customer and subject to a legal guarantee being applicable
The customer advances the return costs and attaches the proof of costs to their shipment.
The risks associated with returning the item are the responsibility of the customer.
The customer is responsible for choosing the method of shipping the item and is free to take out insurance or not in the event of loss, theft or destruction of his package. However, the customer is advised to return in a tracked package, in order to provide proof of receipt of the package by SABES.
After processing of the article by the company SABES, which will check in particular whether the article can benefit from a legal guarantee, the shipping costs advanced by the customer will be reimbursed and, depending on the case and subject to exceptions, either to the repair or replacement of the good, borne free of charge by the consumer customer, or to the resolution of the sale or to the partial reimbursement of the sale price.
8.4. Exclusion of liability
In addition to the cases provided for by law, the liability of the company SABES is excluded in the event of damage, direct or indirect, affecting goods or persons, suffered by the customer or a third party, and resulting from cases following:
- negligence or fault attributable to the customer or to a third party having used the articles marketed by the company SABES,
- any use of the articles in non-compliant conditions (in particular non-compliance with the recommendations contained in the instructions for use of an article),
- any modification or alteration of the articles by the customer or by a third party.
ARTICLE 9 - PROMOTIONAL EVENTS
SABES occasionally participates in promotional events.
The holding of such an event as well as the conditions and modalities of participation will be detailed, for each event, in a dedicated announcement on the site.
ARTICLE 10 - INTELLECTUAL PROPERTY
All texts, illustrations and images on the site are subject to copyright protection by SABES. These rights are reserved for the whole world.
It is therefore prohibited for the client and any visitor to the site in general to copy, modify, distribute, transmit, disseminate, represent, reproduce, publish, license, transfer or exploit any otherwise the information present on the site, all these uses being constitutive of counterfeit.
The sign "MAMIE STELLA" was the subject of an application for registration of a French trademark with the INPI on September 17, 2021 under number 4800946 for products and services in classes 20, 22, 24, 25, 28, 41 and 43 of the Nice Classification.
In accordance with Article L.713-2 of the Intellectual Property Code:
"It is prohibited, except with the authorization of the trademark owner, the use in the course of trade for products and services:
1 ° A sign identical to the mark and used for products or services identical to those for which the mark is registered;
2 ° Of a sign identical or similar to the mark and used for goods or services identical or similar to those for which the mark is registered, if it exists, in the spirit of the public, a risk of confusion including the risk of association of the sign with the mark "
Any client or site visitor who does not respect these intellectual property rights is liable to prosecution.
ARTICLE 11 - PROOF
All of the data provided and the confirmation of the order or pre-order registered by SABES will constitute proof of the transaction.
SABES archives order and pre-order forms and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1379 of the Civil Code.
The computerized registers of the SABES company are considered by the parties as proof of communications, orders, payments and transactions between the parties.
The customer expressly accepts the transmission by SABES of invoices in electronic format.
ARTICLE 12 - NON-WAIVER
The fact that one of the parties does not rely on a default or a breach of the other party in any of its contractual or legal obligations cannot be interpreted as a waiver of the right to take advantage of this failure or failure.
ARTICLE 13 - NULLITY OF A CLAUSE
If any of the provisions of these general conditions were canceled, this nullity would not entail the nullity of the other provisions of the general conditions which will remain in force.
ARTICLE 14 - CASE OF FORCE MAJEURE
Are considered as force majeure and exempt the parties from the performance of their obligations without compensation for the duration of the event, in addition to those usually retained by case law, the total strike or partial, insurrection or war, bad weather, epidemics and pandemics, blockages of means of transport or supply for any reason whatsoever, earthquakes, fires, floods, governmental or legal restrictions in France or in any third country, blocking of telecommunications, and any other case beyond the control of the parties preventing the normal performance of the contractual relationship.
If the force majeure event continues for more than three (3) months, the contract concerned may be automatically terminated without compensation for either party. < / p>
ARTICLE 15 - APPLICABLE LAW AND DISPUTE RESOLUTION
These general conditions are exclusively subject to French law.
The parties will make their best efforts to seek an amicable solution to their disputes.
For any complaint, the customer can send a registered letter with acknowledgment of receipt to the following postal address: SAS SABES, 50 impasse de la Sereine, 01700 Beynost, or send an email to the address
In accordance with articles L.612-1 et seq. Of the Consumer Code concerning the mediation process for consumer disputes, the consumer customer has the right to have recourse free of charge to the consumer mediator appointed by the company SABES whose contact details are as follows:
Center for Consumer Mediation of Justice Conciliators (CM2C)
14 rue Saint Jean, 75017 Paris
Phone: 06 09 20 48 86
Email: cm2c @ cm2cnet
The consumer customer is also informed of the fact that he can choose to use the online platform of the European Commission for online dispute resolution (ODR) accessible from the following link: http://ec.europa.eu/consumers/odr/
The consumer customer is reminded that, in order to be able to approach the consumer mediator, he must justify having previously sent the company SABES a complaint.
In the event that the customer is a professional, all disputes relating to the formation or execution of a sale governed by these general conditions fall under the exclusive jurisdiction of the Commercial Court of Bourg-en-Bresse , notwithstanding multiple defendants, appeal in question, in warranty or summary proceedings.
ARTICLE 16 - ELECTION OF DOMICILE
For the execution of the contract and its consequences, the company SABES elects domicile at the address of its head office indicated at the header hereof and in the legal notices of the site. The customer chooses domicile at the address indicated by him when creating his customer account.
ANNEX - MODEL FORM OF WITHDRAWAL
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of: SAS SABES, 50 impasse de la Sereine, 01700 Beynost / firstname.lastname@example.org
< / p>
I / we (*) hereby notify / notify you of my / our (*) withdrawal from the contract for the sale of the good (*) / for the provision of service ( *) below:
- Ordered on (*) / received on (*):
- Name of consumer (s):
- Address of consumer (s):
Signature of consumer (s) (only if this form is notified on paper):
(*) Delete the unnecessary mention..