GENERAL TERMS AND CONDITIONS - CONSUMERS
ARTICLE 1 – SCOPE
These General Terms and Conditions (CTC) codify the rights and obligations of the Parties in the context of the sales made via COTTON BIRD website (https://www.cottonbird.uk/). They regulate all the steps necessary for the placing and follow-up of orders made by the private CUSTOMERS.
COTTON BIRD (« THE SELLER »), trade name of the SASU Les Editions Créatives; with a capital of 70,000 euros, whose registered office is located at 27 rue Gustave Eiffel - 66280 Saleilles, registered in the Trade and Companies Register of Perpignan under number 532 425 097. N° SIRET 53242509700013 - N° Intra-community VAT FR 68532425097 – Phone number. 04 68 68 48 71
The company COTTON BIRD reserves the right to adapt or modify these present General Terms and Conditions when necessary. These potential modifications are not opposable to the Orders already placed.
These General Terms and Conditions apply to the exclusion of all other conditions.
ARTICLE 2 – PRODUCTS DETAILS
In accordance with Article L 111-1 of the French Consumer Code, the CUSTOMER may, prior to placing an order, read the essential characteristics of the Products on the site (colors, composition, price, description, size). These characteristics appear in support of the photograph available on the site. Nevertheless, differences in color may be observed between the photo rendering and the product delivered, particularly due to the alteration that the photographs undergo when they are displayed on the Customer's screen, or due to insufficient quality of the documents/photographs transmitted by the CUSTOMER for the customization of the Products.
ARTICLE 3 - PRICE
The prices are indicated in pound sterling including all taxes (TCC). The VAT applied is 20% for all products. The PRODUCTS are invoiced at the rate in effect at the time the order is placed and do not include shipping costs or options proposed by COTTON BIRD which are borne by the CUSTOMER.
Regarding sales to European Union based CUSTOMERS, COTTON BIRD, depending on whether the distance selling threshold is exceeded, charge VAT at the rate of the CUSTOMER’s country.
For all shipments outside the European Union and Overseas Departments and Territories, COTTON BIRD is responsible for the customs formalities. Accordingly, the costs and taxes related to customs are included in the price of the Products.
In accordance with " VAT and overseas goods" provided by United Kingdom Government, be aware that customs clearance fees may be applied for orders above £135. These clearance fees remain the responsibility of the customer and must be paid for by the customer in order to release the delivery of the parcel.
A refund of the VAT invoiced at the time the order was placed may be requested from the customer service department on presentation of proof of payment of the additional customs charges.
COTTON BIRD reserves the right to adapt its prices at any time. The price shown on the invoice is the one in effect at the time the order is registered. Prices are per unit and do not include shipping costs.
ARTICLE 4 – AVAILABILITY OF THE PRODUCTS
The products sold on the website are valid while stocks last, and supply is available. The availability of products is regularly updated on the site.
In case of temporary stock shortage of a PRODUCT after the order has been placed by the Customer, COTTON BIRD is committed to contacting the CUSTOMER by email and telephone within 72 working hours, to inform the Customer of the time frame in which the Product could be delivered.
ARTICLE 5 – ORDERING AND VALIDATION
Article 5.1: Order and validation
Any validation of order implies having read and accepted the General Terms and Conditions.
No modification of the order may be made after the validation of the Order (except for the option concerning the "designer review”, an option carried out by COTTON BIRD's teams allowing for a verification of the personalized Products and in particular a verification of the layout, a quality control of the photos and a correction of minor imperfections.
The order will be processed after the payment has been validated.
COTTON BIRD strives to maintain access to its websites 24 hours a day, however, it cannot be held responsible for any interruption in service, particularly for maintenance or technical problems. The CUSTOMER declares that he/she is aware of the technical limits of Internet technology, particularly with regard to the consultation of information, the transfer of files and the risks associated with this technology.
Any cancellation of an Order may only occur after acceptance by COTTON BIRD and will in this case be confirmed in writing in the form of an email.
By placing an Order on this Site, CUSTOMER warrants that it has the right, permission and authority to place the order and that it authorizes COTTON BIRD to print the materials on its behalf. CUSTOMER authorizes COTTON BIRD to copy, modify, create templates and derivative works of, and vectorize any Content uploaded by CUSTOMER for the purpose of fulfilling the Order. CUSTOMER warrants that it has sufficient rights to authorize COTTON BIRD to copy, modify, create templates and derivative works and vectorize any content uploaded by CUSTOMER for the purpose of fulfilling the Order.
Orders for PRODUCTS are placed through the website in the following manner:
The CUSTOMER :
- Goes to the website;
- Selects his Products, customizes them when applicable and adds them to the basket;
- Clicks on the "order" button;
- The Customer accesses the "personal information" tab
- If the Customer already has a Customer account at the time of the order, he will be invited to log in to finalize the order;
- On the other hand, if the Customer does not have a Customer account, the Customer will be invited to create one by entering his e-mail address and he will create a personal password to access his Customer account. Thereafter, the Customer will be asked to check a box allowing him to receive by e-mail newsletters of COTTON BIRD in preview; The CUSTOMER may also specify the date of the event concerned by the order.
- Validates the entry of the personal data;
- Enter his billing or delivery address;
- Fill in his payment method and check the box "I have read the general terms and conditions and I accept them without reservation" and pay the order.
- Switches to COTTON BIRD’s partner payment site and carries out the payment.
The data recorded and validated at the time of the order (in particular the delivery address, the quantities, the chosen customizations as well as the measurements recorded in the table of measurements) constitute the proof of the entire transaction between the CUSTOMER and COTTON BIRD.
Article 5.2: Conditions relating to ordered content
The CUSTOMER is personally responsible for the use made of the Content, particularly when it has been personalised with images, graphics, text or other material, and is also responsible for checking the PDF visual of the personalised Products before validating the Order.
The CUSTOMER undertakes not to use COTTON BIRD's services to publish Content that is illegal, harassing, defamatory and/or slanderous, threatening, harmful, obscene, malicious or otherwise reprehensible.
The CUSTOMER also undertakes not to include in its Content any text, image, design, trademark or service mark, or any work whose intellectual property rights belong to any third party without having first obtained the appropriate authorizations from the owners. As such, CUSTOMER warrants that its Content will not infringe upon any third party's rights, including intellectual property rights, trademark rights, personality rights and privacy rights, that it will not defame or libel any third party, and that it has all necessary rights or permissions to incorporate it into its Content.
However, COTTON BIRD reserves the right to suspend Orders that are suspected of being in violation of these Terms and Conditions of Content. In such cases, the suspension of services shall be for the Order in question only and may be ended by unilateral decision of COTTON BIRD upon receipt of evidence of compliance with our Terms and Conditions.
ARTICLE 6 – PROCESSING OF THE ORDER
Article 6.1: Birthday and Home Decor collections
The average manufacturing time is 4 to 6 working days.
Article 6.2: Wedding collection
The average manufacturing time is 4 to 6 working days.
Article 6.3: Christmas & Holiday collection
The average manufacturing time is 4 to 6 working days.
ARTICLE 7 – DELIVERY TERMS
Unless otherwise expressly agreed between the Parties, COTTON BIRD will not make partial deliveries of Orders.
Due to the European rules concerning the prohibition of geo-blocking (REGULATION (EU) 2018/302), non-professional CUSTOMERS based in European Union Member States are entitled to order on COTTON BIRD website.
The ordered products are shipped to the address provided by the CUSTOMER during registration on the website. COTTON BIRD is not responsible for undelivered products as long as proof of shipment can be provided. The risk of the carrier is borne by the CUSTOMER.
In addition to the Order processing times specified above in Article 6, the delivery times specified in Article 7.1 and Article 7.2 shall also be taken into account.
ARTICLE 7.1: BIRTHDAY AND HOME DECOR COLLECTIONS
- United Kingdom Carriers Colissimo – Royal Mail | Delay: 4 to 6 working days - Price including VAT: £9.99.
In the event of absence or of difficulties to deliver, the carrier reserves the right to deposit your parcel at a collection point or post office.
- Ireland: Carriers Colissimo – Royal Mail | Delay: 4 to 6 working days - Price including VAT: £9.99.
ARTICLE 7.2: WEDDING COLLECTION
- United Kingdom Carriers Colissimo – Royal Mail | Delay: 4 to 6 working days - Price including VAT: £9.99.
In the event of absence or of difficulties to deliver, the carrier reserves the right to deposit your parcel at a collection point or post office.
- Ireland: Carriers Colissimo – Royal Mail | Delay: 4 to 6 working days - Price including VAT: £9,99.
The delivery times are intended to be indicative as hazards may occur at any time during the shipment.
Shipments are conditioned by the full payment of the invoice and are made on working days. These are processed as and when the order is received.
Deliveries are made by the postal service. In case of incident of delivery due to an input error on the delivery address of the Customer, COTTON BIRD is not held responsible.
All postal shipments are assigned a tracking number. Once the order is processed, this number is sent by email with the link to track the package in real time.
It is the CLIENT's responsibility to verify the good condition of the Products at the time of the delivery. This verification must include the following elements: the quality, quantities and references of the articles as well as their conformity to the Order.
In case of detection, by the CLIENT, of apparent defects of conformity in the order at the time of the reception of the Products:
- the CUSTOMER must express his/her reservations, precise and motivated, at the very moment of reception, on the transport slip, and has three (3) days to communicate his/her motivated protest to COTTON BIRD, by e-mail. The latter must be accompanied by a photograph clearly demonstrating the defect of the Product;
The return of new Products is at the expense of COTTON BIRD.
ARTICLE 8 – PAYMENT TERMS
The payment of the order can be made by check when the CUSTOMER is domiciled in France, by bank transfer with no minimum to reach, by online payment via the secure solution Hipay, which uses the 3D Secure protocol. CB, VISA, MASTERCARD cards are accepted as payment methods on the website.
Information relating to the Customer's bank details are processed directly by the Hipay platform. All transmitted data are encrypted by SSL (Secure Socket Layer) technology, which ensures their security on the Internet.
Concerning payment by check, these must be made payable to COTTON BIRD and sent to the following address: 27, rue Gustave Eiffel - 66280 Saleilles - FRANCE. The Customer's bank must be domiciled in France.
The processing of the CUSTOMER's order will only be carried out once the banking institutions have validated the payment.
ARTICLE 9 – TERMS OF THE DELIVERY
ARTICLE 9.1 – RECEIPT – NON-COMPLIANCE
In accordance with the French Consumer Code, and as detailed in Appendix II of the present General Conditions and Terms, the Products sold by COTTON BIRD are subject to the legal guarantees of conformity and hidden defects to its CUSTOMERS. However, these guarantees are only applicable if the CUSTOMER complies with the conditions of use and in particular the conditions of use of the Website of COTTON BIRD with respect to the customization of the Products.
It is reminded that within the framework of the legal guarantee of conformity, the CUSTOMER:
- has a period of two weeks from the date of delivery of the goods to take action against COTTON BIRD;
- may choose between repairing or replacing the Product ordered, subject to the cost conditions as stipulated in Article L 217-9 of the French Consumer Code;
- is expecting to prove the existence of a lack of conformity of the Product during the two (2) months following the delivery of the Product.
It is also reminded that the CUSTOMER may also decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he/she may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
COTTON BIRD's guarantee is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
The Products must be returned in their original packaging.
ARTICLE 9.2 – EXCLUSION OF GUARANTEES
Any warranty is excluded in case of misuse, negligence or lack of maintenance by the CUSTOMER, as well as in case of normal wear and tear of the Product, force majeure or in case of deterioration or transformation of the Product. The warranty also does not apply in case of visual variations between the Website and the delivered Products or when the CUSTOMER has not proceeded to the verification of the PDF file before confirming his Order, and this includes, inter alia, the verification of the layout and of the spelling (except if the CUSTOMER has subscribed to the “designer review” option.
ARTICLE 10 – TRANSFER OF RISK
The transfer of risk, loss and deterioration shall only be effective when the CUSTOMER takes physical possession of the Products. The SELLER shall bear the risks of transport and shall be liable to reimburse the Customer in case of damage caused during transport.
The SELLER cannot be held responsible for loss or damage if the CUSTOMER has not signed the delivery note.
ARTICLE 11 – RIGHT OF WITHDRAWAL
Pursuant to Article L 221-18 of the French Consumer Code, any CUSTOMER may exercise his right of withdrawal in accordance with the legal provisions in force. This right must be exercised within fourteen (14) clear days from the date of shipment of the Order.
To do so, it is sufficient to send an e-mail or a letter to assert its rights and to return the products in perfect condition in their original packaging. Damaged, soiled or incomplete products are not accepted. The return costs are at the expense of the CUSTOMER.
The payment of a refund applies only to the price of the products and the costs of processing the order and shipping. The full refund shall be made, without undue delay and within fourteen (14) days from the date on which the Customer informed the SELLER of his withdrawal.
The refund is made by the same means of payment used by the Customer for his first purchase unless the Customer expressly agrees to be refunded by another means.
Cultural products, such as books, patterns, and custom-made products, are not subject to the right of withdrawal in accordance with paragraph 3 of Article L. 221-28 of the Consumer Code:
"The right of withdrawal may not be exercised for contracts:
3° The supply of goods made to the consumer's specifications or clearly personalized;"
ARTICLE 12 – INTELLECTUAL PROPERTY
All illustrations, photographs, graphics and texts presented on the site of COTTON BIRD are under copyright and intellectual property within and outside the European Union. Any total or even partial reproduction of the site and all the elements provided on the website is strictly forbidden without specific prior agreement.
ARTICLE 13 – FORCE MAJEURE
The responsibility of the SELLER cannot be held if the non-execution or the delay in the execution of any of their obligations, such as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code. In particular, strikes affecting road transport, bad weather, a pandemic, shortages of raw materials that would cancel or delay the delivery of the Order.
Therefore, the SELLER shall immediately inform the CUSTOMER of his inability to perform its obligations and shall justify this to the CUSTOMER. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor shall it result in the payment of damages or penalties for delay.
The performance of the obligation is suspended for the duration of the force majeure if it is temporary.
Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the SELLER shall do whatever is necessary to resume normal performance of its contractual obligations as soon as possible. To this end, the impeded SELLER shall notify the other of the resumption of its obligation by registered letter with acknowledgement of receipt or any extrajudicial act.
ARTICLE 14 - APPLICABLE LAW AND LITIGATIONS
The present General Terms and Conditions are subject to French law.
In case of litigation relating to the interpretation and execution of the General Terms and Conditions, the CUSTOMER shall first contact the SELLER to find an amicable settlement within 30 days. To this end, COTTON BIRD provides a service for Customers that can be reached by e-mail at the following address: hello@cottonbird.uk
In the absence of an amicable agreement with the company COTTON BIRD, the CUSTOMER may submit the dispute to a mediator (in accordance with Article L 612-1 of the Consumer Code), who will attempt to bring the parties together to reach an amicable solution. To do so, the Customer shall contact the mediator, by filling in the dedicated form online or by e-mail. The parties to the contract remain free to accept or refuse the recourse to mediation as well as, in case of return to mediation, to accept or refuse the solution proposed by the mediator.
If the CUSTOMER is based in the European Union, he may also file a claim on the online dispute resolution platform set up by the European Commission, accessible at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.complaints.screeningphase
In the absence of amicable resolution, all disputes arising from the interpretation or execution of these Terms and Conditions of Sale will be under the exclusive jurisdiction of the competent courts.
ARTICLE 15 – PERSONAL DATA
All users of the site acknowledge that they are aware of their rights and accept the General Terms and Conditions. In addition, by providing personal data, he agrees:
- That they are used for the sole purpose of processing their requests, orders, sending information related to the products presented on the site and access to the videos;
- That they may be kept in computer memory;
- That they may be used for sending newsletters.
Personal information is used for the proper management of orders. If necessary, they may be transmitted to any company in charge of handling the Orders and in particular the carriers in charge of the Order.
In accordance with the French law "Informatique et liberté" of January 6, 1978, modified and the General Data Protection Regulation of 27 April 2016, the user of the site has the right to access and rectify information concerning him/her, which he/she can exercise by sending a letter with his/her account references to the following address: Les Éditions Créatives, 27 rue Gustave Eiffel, 66280 Saleilles.
ARTICLE 15.1 – PERSONAL DATA SECURITY
The SELLER undertakes not to disclose to any other company the personal data collected during the registration of its CUSTOMERS. The only purpose of the personal data collected is to enable the completion and management of the order and delivery.
The CUSTOMER may at any time access and change the information concerning him/her in the Customer area under the tab "my account".
The personal data collected from the CUSTOMERS are subject to computer processing by the Seller. They are recorded in its CUSTOMER software and are essential to the processing of the order. This information and personal data are also kept for security purposes for a period of two (2) months from the last interaction with the CUSTOMER, to comply with legal and regulatory obligations. It will be kept if necessary, for the execution of orders and any applicable guarantees.
ANNEX 1
COMPLIANCE GUARANTEE – LATENT DEFECT LEGAL GUARANTEE
The Products supplied by COTTON BIRD benefit by right and without additional payment, in accordance with the legal provisions contained in the Consumer Code and the Civil Code, of the compliance guarantee (article L. 217-5 of the Consumer Code), for the Products apparently unsuitable for consumption or not corresponding to the order and of the legal guarantee against the latent defects (articles 1641 to 1649 of the Civil Code) coming from a defect of material, design or manufacture affecting the Products delivered and making them unsuitable for the use under the conditions and according to the modalities aimed at below.
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It is recalled that under the compliance guarantee, the CUSTOMER:
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It is recalled that under the legal guarantee against latent defects, the CUSTOMER:
- can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code;
- has a period of two (2) weeks from the discovery of the hidden defect within a maximum period of two (2) months;
- the burden of proof rests on the Customer, who must therefore demonstrate the existence and the consistency of the defect.
The CUSTOMER shall benefit from these rights provided that the CUSTOMER has complied with the recommendations for use and maintenance of the unprocessed Products.
To assert its rights, the CUSTOMER shall inform the Seller, in writing, of the non-conformity of the Products within the above-mentioned time limits and return the defective Products in the original packaging.
ANNEX II
ARTICLES
Article L217-4 of the Consumer Code
The Seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. The Seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions, or the installation when the latter has been put at its charge by the contract or has been carried out under its responsibility.
Article L217-5 of the Consumer Code
To conform to the contract, the property must:
- Be fit for the purpose usually expected of similar goods and, where applicable:
- correspond to the description given by the Seller and possess the qualities that the Seller has presented to the buyer in the form of a sample or model
- have the qualities that a buyer may legitimately expect in view of the public statements made by the Seller, the producer or his representative, particularly in advertising or labelling
- Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the Seller and accepted by the latter.
Article L217-12 of the Consumer Code
The action resulting from the defect of conformity is prescribed by two weeks as from the delivery of the good.
Article 1641 of the Civil Code
The Seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it or would have given only a lesser price for it if he had known of them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
