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TERMS OF SALES

TERMS OF SALES
These general conditions of sale apply to all sales concluded on the website www.polkadollsfabrics.com
The website www.polkadollsfabrics is a service of the company Polka Dolls Fabrics located at 79 ROUTE DE LA FARGUE BASSE 24130 PRIGONRIEUX, FRANCE
(email: contact.polkadollsfabrics@gmail.com)
The website www.polkadollsfabrics.com sells the following products: Collectible dolls and collectible accessories for dolls.
The customer declares to have read and accepted the general conditions of sale prior to placing his order. Validation of the order therefore constitutes acceptance of the general conditions of sale.

PRINCIPLES
These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation. These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible on the site www.polkadollsfabrics and will prevail, where applicable, over any other version or any other contradictory document. The seller and the buyer agree that these general conditions govern their relationship exclusively. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be missing, it would be considered to be governed by the practices in force remotely whose companies are headquartered in France.

CONTENT
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website www.polkadollsfabrics.com These conditions only concern purchases made via the website.

PRE-CONTRACTUAL INFORMATION
The buyer acknowledges having been informed prior to placing his order and concluding the contract, in a readable and understandable manner, of these general 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 buyer in a clear and comprehensive manner:
  the characteristics of the room,
  the price in euros,
  and if applicable, all additional transport, delivery or postage costs and any other possible costs payable,
  information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities, those relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and the terms of implementation of guarantees and other contractual conditions.

ORDER
The buyer has the possibility of placing his order online, from the online catalog and using the form which appears there, for any product, within the limits of available stocks.
The buyer will be informed of any unavailability of the product or good ordered.
For the order to be validated, the buyer 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 sending the buyer confirmation of acceptance of the order by the seller by email;
- and after collection by the seller of the entire price.
Any order constitutes 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, including non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any questions relating to the tracking of an order, the buyer can send an email to the seller at the following email address: contact.polkadollsfabrics@gmail.com.

ELECTRONIC SIGNATURE
The online provision of the buyer's bank card number and the final validation of the order will constitute proof of the buyer's agreement:
payment of sums due under the purchase order,
signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card or Paypal account, the buyer is invited to contact us as soon as this use is noticed.

PROOF OF TRANSACTION
Computerized records, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

ORDER CONFIRMATION
The seller provides the buyer with an order confirmation by email.

PRODUCTS
The parts governed by these general conditions are those which appear on the website www.polkadollsfabrics.com
The products offered on www.polkadollsfabrics.com are unique collectible products, made one by one, by hand with care which are intended for an informed public. The buyer is aware when purchasing that he is acquiring a so-called unique product which may contain possible “defects” in production since it is “handmade”. The product may present asymmetries or color differences which cannot constitute grounds for return or refund.
All information, descriptions or images provided on the products are described with as much detail as possible but are not contractual. The photographs are as faithful as possible but do not commit the seller in any way. Colors, contrasts and saturations may vary depending on the monitor on which the photo is displayed.
No return, exchange or refund may be required by the buyer in the event of dissatisfaction with the product.
The seller cannot be held responsible for any possible deterioration of the product during handling by the customer given the fact that the product no longer belongs to the seller after transfer of ownership.
The buyer is aware of acquiring a so-called fragile collector's item which requires extreme caution during any handling.
No refund or repair will be offered to the buyer if the product is damaged (breakage included).
The products offered are not intended for children.

PRICE
The prices of the goods sold are those in effect on the day the order is taken. They are denominated in euros and calculated excluding additional taxes. Consequently, they will be increased by Paypal fees and transport costs applicable on the day of the order.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in transactions between the seller and the customer.
Polka Dolls Fabrics grants itself the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.
If payment is accepted, the order is recorded and the contract is definitively formed. Payment is irrevocable.
The seller does not authorize under any circumstances sales arranged between individuals for legal and commercial reasons. The contract formed between the seller and the customer cannot include another person in the latter. The seller cannot be asked to accept that a third party pays part or all of the balance of an order on behalf of another person, the initial customer.
The seller has the right to revoke and cancel a transaction if it does not comply with the T&Cs in place. The customer will be reimbursed the amount due. Since the transaction is canceled, the doll will be sold to another person.
In the event of a repeat offense, the seller has the right to prohibit all future sales to this customer with whom he has had a dispute.

PAYMENT METHOD
These are orders with payment obligation, which means that placing the order involves payment by the buyer. To pay for his order, the buyer has, at his choice, all the payment methods made available to him by the seller and listed on the site.
The buyer guarantees to the seller that he has the necessary authorizations to use the payment method chosen by him, when validating the order form. The seller reserves the right to suspend all order management and delivery in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment. The seller reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. .
Payment of the price is made in full on the day of the order, according to the following methods: Paypal.

PAYMENT METHOD
These are orders with payment obligation, which means that placing the order involves payment by the buyer. To pay for his order, the buyer has, at his choice, all the payment methods made available to him by the seller and listed on the site.
The buyer guarantees to the seller that he has the necessary authorizations to use the payment method chosen by him, when validating the order form. The seller reserves the right to suspend all order management and delivery in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment. The seller reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. .
Payment of the price is made in full on the day of the order, according to the following methods: Paypal.

DELIVERY TERMS
Delivery means the transfer to the consumer of physical possession or control of the good. The parts ordered are delivered by Colissimo or Shop2shop.
The parts are delivered to the address indicated by the buyer on the order form and must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, have an invoice sent to the billing address and not the delivery address.
If the buyer is absent on the day of delivery, the delivery person will leave a calling card, which will allow the package to be collected from the location and during the time indicated. If at the time of delivery, the original packaging is damaged, torn or opened, the buyer must then check the condition of the items in the presence of the delivery person. If they are damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing part compared to the delivery note, damaged package, broken parts).
This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note. The buyer must then confirm these reservations to the carrier by registered mail at the latest within 2 working days following receipt of the part(s) and send a copy of this letter to Polka Dolls Fabrics, address indicated in the legal notices of the site.
If the parts need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any complaint made outside this deadline cannot be accepted. The return of the part can only be accepted for parts in their impeccable condition and original packaging.
Return costs are the responsibility of the buyer.
The buyer must return the package as it was sent to him: In package against signature and insured to the address of the company Polka Dolls Fabrics.

DELIVERY ERROR
The buyer must make to the seller the same day of delivery or at the latest the first working day following delivery, any claim of delivery error and/or non-conformity of the parts in kind or quality in relation to the indications appearing on the order form. Any complaint made after this deadline will be rejected.
The complaint can be made by e-mail to contact.polkadollsfabrics@gmail.com
Any complaint not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability towards the buyer.
Upon receipt of the complaint, the seller will assign an exchange number for the part(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the exchange number has been assigned.
In the event of a delivery or exchange error, any part to be exchanged or refunded must be returned in its original packaging in good condition, by registered Colissimo, to Alexia Agulles 79 route de la fargue basse 24130 Prigonrieux
In the event of an error, return costs are the responsibility of the seller.

PRODUCT WARRANTY
The products offered on the website www.polkadollsfabrics.com are not guaranteed.
It depends on the care taken by the buyer that the products remain in good condition.
As a reminder, these are dolls and products intended for an informed adult audience. These are handmade collectibles.
Products must be handled with extreme care.
It is also advisable to avoid exposing the dolls to light to avoid any damage.

INTELLECTUAL PROPERTY
The content of the website remains the property of the seller, the sole owner of the intellectual property rights to this content.
Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

COMPUTER AND FREEDOM
The personal data provided by the buyer are necessary to process their order and prepare invoices. They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders. The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the terms defined on the site www.polkadollsfabrics.com

PARTIAL NON-VALIDATION
If one or more stipulations of these general conditions are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force. and their scope.

NON WAIVER
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
 
TITLE
In the event of difficulty of interpretation between any of the titles appearing at the top of the clauses, and any of the clauses, the titles will be declared non-existent.

CONTRACT LANGUAGE
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
 
MEDIATION AND DISPUTE RESOLUTION
The buyer may resort to conventional mediation, in particular to the Consumer Mediation Commission or to existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and legal professionals. 'European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
 
APPLICABLE LAW
These general conditions are subject to the application of French law. The competent court is the judicial court.
This is the case for substantive rules as well as for formal rules. In the event of a dispute or complaint, the buyer will contact the seller as a priority to obtain an amicable solution.
PROTECTION OF PERSONAL DATA
The personal data that may be collected on this site are as follows:
- account opening: when creating the user's account, their name; first name ; email address ; Phone Number ; address ;
- connection: when the user connects to the website, the user records, in particular, his or her last name, first name, connection data, usage data, location data and payment data;
- profile: the use of the services provided on the website allows you to complete a profile, which may include an address and a telephone number;
- payment: as part of the payment for the products and services offered on the website, it records financial data relating to the user's bank account or credit card;
- communication: when the website is used to communicate with other members, data concerning the user's communications are subject to temporary storage;
- cookies: cookies are used as part of the use of the site. The user has the option to deactivate cookies from their browser settings.
The purpose of the personal data collected from users is to provide the website's services, their improvement and the maintenance of a secure environment. More specifically, the uses are as follows:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organization of the conditions of use of the Payment Services;
- verification, identification and authentication of data transmitted by the user;
- offering the user the possibility of communicating with other users of the website;
- implementation of user assistance;
- personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
- prevention and detection of fraud, malware (malicious software) and management of security incidents;
- management of possible disputes with users;
- sending commercial and advertising information, based on user preferences.
Sharing personal data with third parties
Personal data may be shared with third party companies in the following cases:
- when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;
- when the user publishes, in the free comment areas of the website, information accessible to the public;
- when the user authorizes a third party's website to access their data;
- when the website uses the services of service providers to provide user assistance, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in compliance with the provisions of the applicable regulations on the protection of personal data. staff ;
- if required by law, the website may transmit data to respond to claims made against the website and to comply with administrative and legal procedures;
- if the website is involved in a merger, acquisition, transfer of assets or receivership procedure, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed, before personal data is transferred to a third party.
The website implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.
In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: contact.polkadollsfabrics@gmail.com
· the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy.
· the right to rectification: if the personal data held by the website is inaccurate, they can request that the information be updated.
· the right to delete data: users can request the deletion of their personal data, in accordance with applicable data protection laws.
· the right to limitation of processing: users can ask the website to limit the processing of personal data in accordance with the hypotheses provided for by the GDPR.
· the right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.
· the right to portability: they can request that the website give them the personal data provided to them to transmit them to a new website.
The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the modification by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the possibility of deleting his account.
The site www.polkadollsfabrics.com is hosted by wix.com. Also the user Polka Dolls Fabrics cannot be held responsible in the event of a problem using the site or its data.

UPDATING THE T&Cs
These conditions of use may be modified or supplemented at any time, users of the site www.polkadollsfabrics.com are therefore invited to consult them regularly.
The site www.polkadollsfabrics.com is updated regularly with new releases for sale. In the same way, the legal notices can be modified at any time: they are nevertheless binding on the user who is invited to refer to them as often as possible in order to read them.

Last updated: Wednesday May 8, 2024

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