I. Acceptance of terms
These general terms and conditions of sale (the «Terms and Conditions»), which define the rights and obligations of the parties to the distance sales contract, apply as a matter of course to the contractual relationship between the company JUFREL (hereinafter referred to as the «Seller») and any customer placing an order for products (hereinafter referred to as the «Customer»), on the website at https://www.onceuponatide.fr (hereinafter referred to as the «Website»).
Sales on the Website are reserved for private individuals or legal entities that are not traders, are of legal age and have the legal capacity to enter into contracts.
Placing an order implies the Customer's full acceptance of these Terms and Conditions, which the Customer expressly acknowledges having read and accepted by ticking the box «I accept the terms and conditions of sale».
No special conditions other than those of the Seller may take precedence over these Terms and Conditions. Any contrary clause shall therefore be unenforceable, regardless of when it may have been brought to the Seller's attention.
Furthermore, the Seller reserves the right to modify these Terms and Conditions at any time; however, such modifications may only apply to orders validated after the said Terms and Conditions have been updated.
If one or more clauses of these Terms and Conditions are declared or become invalid as a result of the application of a law, regulation or judicial decision, the other clauses shall retain their full validity and effect.
II. Order process
Before placing an order, the Customer selects the desired product whose characteristics (including name, price, quantity and specific features) have been communicated to or are displayed on the Website, and which the Customer declares to accept.
The Customer must then provide certain valid identification details required to identify them, namely: surname, first name, billing address, delivery address if different from the billing address, e-mail address, and telephone number.
The Customer may, if they wish, create an account on the Website in order to save their identification details for any future purchase.
After ticking the box indicating that they have read and accepted the Terms and Conditions of Sale, the Customer then confirms their order and proceeds to pay the price and any delivery costs by selecting the payment method, namely credit card.
The sale shall only be considered valid once full payment of the price has been received. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors by sending an e-mail to: contact@onceuponatide.fr.
Any order placed on the Website constitutes the formation of a distance contract between the Customer and the Seller.
A summary of the order will be accessible to the Customer via their Customer account if one has been opened, or via the e-mail sent to them after the order has been confirmed.
In the event of the Customer's failure to comply with the Terms and Conditions, particularly with regard to payment, the Seller reserves the right to suspend its service and, where applicable, to suspend or terminate the Customer's account. Prior to any such measure, the Customer shall be notified as soon as possible by the Seller, with mention of the possibility to rectify their situation and the possibility of contesting the elements held against them. Consequently, the Seller reserves the right to refuse any order from a Customer with whom such an unsettled dispute exists.
Any cancellation of an order by the Customer shall only be possible before the products have been dispatched (independently of the provisions relating to the right of withdrawal).
In accordance with Article 12 of these Terms and Conditions, the Customer has in all cases the right to object to, access and rectify any data concerning them held by the Seller.
III. Prices
All prices displayed on the Website include VAT and other taxes. These prices may be changed at any time and do not include, where applicable, delivery costs which are charged separately. The prices paid by the Customer are those shown on the Website at the time of the confirmation e-mail, except in the case of an obvious error. These prices are firm and non-revisable during their period of validity, but the Seller reserves the right, outside the period of validity, to modify prices at any time.
Delivery costs are shown separately at the time of order confirmation, before payment, and depend on the delivery option chosen and the nature and weight of the product ordered. They are therefore charged in addition to the price of the product(s) ordered, unless otherwise expressly stated.
IV. Payment terms
After confirming the payment method, the Customer definitively and irrevocably confirms their order:
- Payment by bank card (Visa, Mastercard): the Customer confirms their delivery and billing address, the product and the total price. They provide their bank card number along with the expiry date and CVX code. They finally confirm their order by clicking the «Confirm» button.
- We do not accept cheque payments.
The Customer guarantees to the Seller that they are entitled to use the chosen payment method. In the event of refusal by the bank, the order is automatically cancelled and the Seller informs the Customer. The Seller also reserves the right to take any appropriate legal action.
V. Payment security
To ensure payment security, the Website uses Mollie, the secure online payment solution of the company Mollie B.V. All payment transactions between the Customer and Mollie B.V. are fully encrypted and protected. The connection between the Customer and the Mollie B.V. server is established via HTTPS, a secure protocol that encrypts all exchanged information. This protection safeguards data sent over the internet and guarantees the Customer that their bank card number cannot be intercepted in plain text by a third party during its transfer to the secure Mollie server. The Mollie checkout page informs the Customer of their purchase: it displays the merchant name (which guarantees that the business has been authenticated).
The Seller does not have access to Customers' card numbers and no bank card number is printed on any document, invoice or other listing, nor does it appear in any e-mail, back-office system or file. Mollie issues an electronic certificate that serves as proof of the amount and date of the transaction in accordance with the provisions of Articles 1316 et seq. of the French Civil Code.
To learn more: https://www.mollie.com/en/security.
VI. Product availability
Product offers are valid while they remain visible on the Website and subject to available stock.
If a product is found to be unavailable after the Customer's order has been confirmed, the Customer will be informed by e-mail or telephone, with estimated restocking times for that product, so that they can cancel their order and receive a refund or place a new order if they wish.
In the event of a refund, it will be processed within a maximum of 14 days.
VII. Delivery
The order is delivered by third-party carriers appointed by the Seller (hereinafter referred to as the «Carrier»). The Customer acknowledges that the Seller cannot be held responsible for non-delivery, poor delivery or late delivery if these are attributable to the Customer (for example, an incomplete or incorrect address), to the Carrier, or to a case of force majeure.
7.1 Delivery location
Orders placed through our Website can be shipped anywhere in Metropolitan France, with the exception of Corsica.
All orders are delivered to the delivery address provided at the time of ordering. If the Customer makes an error when providing their details or provides insufficient information resulting in the product being returned by the carrier, it will be reshipped at the Customer's expense. All elements necessary for package dispatch must be specified (Surname, First name, Building number, Entrance, staircase, access code, etc.).
7.2 Delivery times
Products are delivered within 8 working days of receipt of the order.
In the event of delivery by a carrier requiring an appointment with the Customer, the carrier will contact the Customer as soon as possible to arrange a delivery slot. If the Customer is absent on the first delivery attempt, a second attempt will be made. If the Customer is absent a second time, the parcel will be held at a nearby collection point. No compensation may be claimed by the Customer in the event of a late delivery.
At the time of delivery, the Customer checks and confirms the information on the invoice. They also confirm that the products delivered, insofar as is visible, match the Seller's description and are suitable for the normal use of such products. Any defect must be reported to the carrier or collection point. If any products do not conform at the time of delivery, the Customer must also immediately notify the Seller's customer service team: contact@onceuponatide.fr.
VIII. Retention of title
The Seller expressly retains ownership of the delivered products until full payment of their price in principal and any interest has been received. Non-payment may result in the Seller reclaiming the products. The above provisions do not prevent, from the moment of receipt by the Customer, the transfer to the Customer of the risks of loss or deterioration of the products and any damage they may cause.
IX. Right of withdrawal
9.1. Exercising the right of withdrawal
The Customer has the right to withdraw from the contract within 14 calendar days of receiving their order, without penalty and without giving any reason. The period referred to in the first paragraph runs from the day:
1/ Of the conclusion of the contract, for service contracts and those referred to in Article L. 221-4;
2/ Of receipt of the goods by the consumer or a third party, other than the Carrier, designated by the consumer, for contracts for the sale of goods.
The Customer may submit their withdrawal request either by contacting customer service via the Website's contact page, or by sending an e-mail to contact@onceuponatide.fr stating their order number.
The Customer must then return the products without undue delay, within a maximum of 14 days from the date of exercising the right of withdrawal. Returns must be in their original and complete condition (packaging, instructions, etc.) allowing resale as new, accompanied by the purchase invoice.
Any product returned damaged, incomplete, used, deteriorated, soiled, even partially, cannot be refunded.
Return shipping costs are the Customer's responsibility, except:
- in the event of an error by JUFREL in preparing the order, in which case all return shipping costs will be covered by the Seller.
- if the withdrawal occurs before the order has been dispatched.
Exercising the right of withdrawal will result in a refund credited back to the bank card used for the original order.
Digital content:
In accordance with the law, the right of withdrawal does not apply to contracts for the supply of digital content not provided on a physical medium where performance has begun with the consumer's prior express consent and express waiver of their right of withdrawal.
In this regard, the right of withdrawal does not apply when the Customer purchases an unlock key for specific features.
9.2 Refund by the Seller
Any product returned that does not comply with the conditions set out in the above paragraphs may not be accepted by the Seller: it may consequently not be refunded, or may give rise to a claim for compensation by the Seller, depending on the damage or harm found on the product.
In the event of withdrawal by the Customer, accepted by the Seller, Once Upon A Tide will refund all payments received, without undue delay and, in any case, no later than 14 days from the day on which the Seller was informed of the withdrawal decision.
The Seller will process the refund using the same payment method as that used by the Customer for the initial transaction, unless the Customer expressly agrees to a different method proposed by the Seller.
A product that benefited from a promotional discount will be refunded at the price actually paid by the Customer.
It is noted that the Customer bears the full cost of return shipping when exercising their right of withdrawal, except under the conditions mentioned in section 9.1.
Digital content:
No refund is possible for digital content that has already been downloaded, or provided by the Seller by e-mail, post, or any other medium.
X. Legal warranties
The products the Customer purchases are subject to the limited warranty terms and exclusions in effect at the time of shipment, as displayed on our Website or in the product packaging.
These limited warranty terms do not affect your statutory rights and are in addition to the consumer rights provided by EU law or the laws of the country in which you reside if you are a consumer.
XI. Intellectual property
No element of the Website, in particular editorial content, graphics, photographs, logos and trademarks, may be copied, reproduced, modified, downloaded, published, republished, transmitted or distributed in any form or by any means without the prior written consent of the Seller. For any request to use images from the Website, please send an e-mail to: contact@onceuponatide.fr.
Any unauthorised use of elements appearing on this Website may constitute a violation of copyright regulations or legislation, trademark law or any other applicable law, and is subject to the penalties provided for by law.
The Seller does, however, authorise the creation of hyperlinks to its Website. In any event, the Seller reserves the right to prohibit such links even where tacitly authorised, following a retrospective review, and these must then be removed at the Seller's first request.
XII. Personal data
JUFREL collects personal data in connection with the creation of a Customer account or orders placed. This data is intended for the Seller and used to manage, fulfil, ship and follow up on orders (invoices, returns, withdrawal, warranty). This information is shared with the Seller's partners whose involvement is necessary for the proper completion of the Customer's orders and deliveries (carrier, bank, etc.). Information and data marked with an asterisk (*) are mandatory and necessary for the successful completion of the order and delivery.
By registering on the Website, the Customer consents to receiving electronic communications from the Seller, including order confirmations, e-mails, newsletters or product information.
In accordance with French Law No. 78-17 of 6 January 1978, any user or customer of the Website may at any time object to the commercial use of such data and also has the right to access, rectify and delete data concerning them. All requests relating to this article must be sent by e-mail to contact@onceuponatide.fr.
The Customer is solely responsible for access to their account and for how it is used.
The Customer has the right to register on the telephone cold-calling opt-out list BLOCTEL.
The Customer may terminate their access to the Website and close their Customer account at any time, with or without reason, with or without notice. In the event of termination for any reason, access to and use of the Website will cease immediately. To request account deletion, the request must be made via the Website's Contact page — Subject: Webmaster / Account deletion.
XIII. Evidence
Unless proven otherwise by the Customer, the Seller's automatic recording systems are considered as proof of the nature, content and date of the sales contract.
XIV. Applicable law — Disputes — Handling of complaints — Mediation
This contract is governed by French law. The language of this contract is French. In the event of legal proceedings, French courts shall have sole jurisdiction, subject to any mandatory applicable statutory provisions.
For any complaint, please first contact customer service at contact@onceuponatide.fr to seek an amicable solution. Indeed, in accordance with the rules applicable to mediation, any consumer dispute must first be referred in writing to JUFREL's Customer Service department before any mediation request is made.
In accordance with Article L612-1 of the French Consumer Code, the Customer is informed of the possibility of recourse, free of charge and in the event of a dispute, to a conventional mediation procedure or any other alternative dispute resolution mechanism.
In the event of a dispute and after having contacted the professional's customer service, any customer may refer the matter to a consumer mediator within a maximum period of one year from the date of the written complaint, sent by registered post with acknowledgement of receipt, to that professional.
The contact details of the mediator that the Customer may refer to can be found on the website www.mediation-conso.fr.
The European Commission has set up a dispute resolution platform designed to collect any complaints from consumers following an online purchase and to forward them to the relevant national mediators. This platform is accessible at the following link: http://ec.europa.eu/consumers/odr/.
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