www.montessori-spirit.com (hereafter ""the site"") is published by the company Montessori Spirit (hereafter ""the publisher""), a Limited Liability Company (LLC) with capital of 15,000 euros, registered with the Bergerac Trade and Company Register (TCR) under number B 790 215 867 00033 and whose head office is at sis Promenade Jean Dalba - 24100 Bergerac.
Intra-community VAT number: FR11790215867
The publisher can be contacted by phone on +33 (0)188.8.131.52.41 or by email at the following address:firstname.lastname@example.org
The site is hosted by Axome 30 rue Agricol Perdiguier 42100 Saint-Étienne.
The publishing director and head of content of the site is Mr Ludovic Nittel.
This site is free and open to all internet users. Its purpose is the online sale of school materials and furniture.
Ordering on this site implies the acceptance, by the internet user, of these general terms and conditions. By doing so, the internet user acknowledges having read and understood them. This acceptance requires the internet user to tick the box corresponding to the following sentence: ""I acknowledge that I have read and accepted the general terms and conditions of sale and use of the site.
This ticking of the box will be deemed to have the same value as a handwritten signature. The user acknowledges the evidential value of the automatic registration system of the publisher of this site and, unless he/she can provide evidence to the contrary, he/she waives the right to challenge them in the event of a dispute.
The acceptance of these general terms and conditions presupposes that internet users have the legal capacity necessary to do so or, failing that, that they have the authorisation of a legal guardian if they are incapable, of their legal representative if they are minors or that they hold a mandate if acting on behalf of a legal person.
The availability of products is indicated on the site, in the description of each item.
To place an order, internet users are able to choose one or more items and add them to their basket. When their order is complete, they can access their basket by clicking on the button provided for this purpose.
When viewing their basket, internet users are able to check the number and the nature of the items they have chosen and are able to check their unit price and the overall price of the order. They are able to remove one or more items from their basket.
This summary will also explain whether or not customers can exercise their right to cancel, as well as the delivery times of items.
If the order is correct and they want to confirm their order, internet users are able to click on the confirm button - they then access a form in which they will be able either to enter their login details if they already possess them or to register on the site by completing the form with their personal information.
As soon as they are logged in or after they have completed the form, customers are invited to check or edit their delivery and billing details, read and approve these general terms and conditions and to pay, at which point they are redirected for this purpose to the secure payment interface.
Once payment has been received by the publisher of the site, the latter agrees to acknowledge receipt by contacting the customer electronically, within a reasonable time.
Similarly and at the same time, the publisher agrees to send the customer an email summarising the order and confirming its processing, including all information relating to the order, the products ordered, their delivery as well as the procedures for exercising the right to cancel.
The prices indicated on the site are in euros, including all taxes, excluding shipping costs. These prices may be changed at any time by the publisher, the prices shown are valid only on the day of the order and do not have effect for the future. Prices are fixed, with no discounts, reductions or mark downs.
The delivery costs are always indicated to the customer before any payment and are relevant only to deliveries in Metropolitan France, including Corsica. For deliveries to any other location, it is up to the customer to contact the site's Customer Service.
The products sold remain the property of the publisher until full payment of their price, in accordance with this retention of ownership clause. The risks are transferred to the individual customer from the date of delivery and to the professional customer from the delivery of the goods to the carrier.
The internet user can place an order on this site and can pay by cheque, bank transfer and credit or debit card.
Credit and debit card payments are made securely thanks to our provider CIC. When it comes to payments by credit or debit card, the publisher of this site has no access to any data relating to the user's method of payment. Payment is made directly with the bank.
In the event of payment by cheque or bank transfer, the delivery times defined in the article below begin only from the date of actual receipt of payment by the publisher, with the latter able to provide proof by any means. Products will be reserved for a period of seven days and if payment is not received within this period, the order will be cancelled and the products will be made available for sale on the site.
Orders are delivered by DHL or any other carrier designated by the publisher within 30 working days from receipt of the full price of the order.
Some products or order volumes may nevertheless necessitate a longer delivery time, which will be expressly mentioned to the consumer when confirming the order.
The customer agrees to check the conformity of the product with his/her order on delivery. Any delivery error in relation to the order or apparent defect must be the subject of a complaint within three days from delivery. After this period, the customer will no longer be able to claim a delivery error or apparent defect.
In the event of delivery of a parcel which is obviously and visibly damaged, incomplete or including damaged items, it is up to the customer to refuse delivery to benefit from the warranty offered by the carrier. The customer must also inform the seller without delay, so that a new parcel can be prepared and shipped upon receipt of the returned damaged parcel. In this event, the delivery times indicated above in these general terms and conditions will no longer apply.
Products travel at the risk and peril of the professional customer. In this regard, internet users are reminded that in accordance with Article L 133-3 of the French Commercial Code, the receipt of transported items removes the right to take any action against the carrier for damage or partial loss if within three days, excluding bank holidays, following the date of receipt, the recipient does not notify the carrier of his/her justified protest, by registered letter.
The Customer Service of this site is accessible from Monday to Friday, from 9am to 6pm, on the following local rate number: +33 (0)184.108.40.206.41, by email at the following address email@example.com and by post at the following address: Montessori Spirit, Promenade Jean Dalba - 24100 Bergerac. In the latter two cases, the publisher will endeavour to provide an answer within two working days.
In accordance with the legislation in force, consumers have a period of 14 days from the date of receipt of the parcel to request a refund. In order to exercise this right, it is the consumer's responsibility to return the parcel (at his/her expense) to the sender's address, along with a letter requesting a refund and the reasons for doing so.
All returns must be complete (complete original packaging, manuals, accessories, copy of the invoice) and returned products must be in perfect condition for resale and must not be soiled or damaged (having been used). Customers are strongly advised to ensure effective packaging to protect parcels during transport.
In accordance with the provisions of Article L121-20-2 of the French Consumer Code, consumers may not exercise the right to cancel for orders of:
- any products which are clearly personalised or made to their specifications or which, by their nature, can not be re-shipped or are likely to become damaged or expire quickly;
- audio or video recordings or computer software which have been opened by the consumer;
- newspapers, periodicals or magazines.
Any delay in delivery of more than seven days may result in the cancellation of the sale on the initiative of the consumer, upon simple written request from him/her, sent by registered letter with acknowledgement of receipt. The consumer will then be refunded for the sums he/she has incurred when ordering. This clause is not intended to apply if the delay in delivery is due to the customer or to a case of force majeure, beyond the control of the publisher.
In such an event, the customer agrees not to bring legal proceedings against the site and its publisher and waives the right to cancel provided for in this article.
In the event of a defect in a product purchased on this site, in accordance with the provisions of the French Civil Code for the legal warranty against hidden defects, customers have a period of two years from the date of discovery of the defect of the said product to ask for a repair or a refund and, pursuant to Article L 211-5 of the French Consumer Code, they shall have two years from receipt of the said product to request an exchange or a repair, in the event that the delivered item does not conform, according to the meaning of this word in the aforementioned article. In order to exercise any of these rights, it is up to customers to approach the publisher's Customer Service department.
A hidden defect is a defect of the item which, under normal conditions of use, renders it unfit for the purpose for which it is intended and since the obligation of conformity is understood as being contractually agreed, just like the delivery of the item, the publisher of this site is not liable for the normal wear and tear of products, non-compliance with their instructions for use, accidental damage or damage resulting from the abnormal use of products.
In accordance with the law in force, the publisher excludes any warranty regarding professional customers with regards to the warranty against hidden defects.
The creation of a personal account is a prerequisite for any order from an internet user on this site. To this end, the internet user will be invited to provide a certain amount of personal information. The user agrees to provide accurate information, failing which his/her contract will be cancelled by the publisher and his/her account will be deleted.
Some information will be essential to the conclusion of the contract and must be collected to create the personal account and to validate the contract. The refusal by an internet user to provide the said information will prevent the creation of a personal account and, incidentally, the validation of the order.
This account enables the customer or member to view all orders placed on the site and also enables them to track the delivery of purchased goods.
If the data contained in the personal space section were to disappear as the result of an unforeseeable event, a technical breakdown or a case of force majeure, the publisher of this site cannot be held liable, given the merely informative character of this information. However, the publisher agrees to securely store all contractual elements, the storage of which is required by the laws or regulations in force.
The publisher reserves the exclusive right to delete the account of any member who violates these general terms and conditions (including, but without this example being exhaustive, if a member knowingly provides incorrect information, during his/her registration and the creation of his/her personal account) or any account which has been inactive for at least one year. Such a deletion is not likely to constitute serious harm to the excluded member who will not be able to claim any compensation for this.
This exclusion does not preclude the possibility of the publisher taking legal action against the member, where it is found to be justified.
When creating their personal account, the internet user is prompted to choose a password. This password is a guarantee of the confidentiality of the information within the personal account and the member is thus prohibited from giving it or communicating it to a third party. Failing that, the site cannot be held responsible for unauthorised access to a member's account.
By ticking the box provided for this purpose, users agree that the publisher can send them, at a rate and in a form which it will determine, a newsletter which may include information about its business.
When the user ticks the box provided for this purpose, he/she agrees to receive offers from the publisher of this site for products and services similar to those ordered.
Subscribed users will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, included in each of the newsletters.
Internet users are free to provide personal information about themselves. The provision of personal information is not essential to browse the site. However, registering on this site entails the collection of a certain amount of personal information concerning internet users by the publisher. Internet users who do not want to provide the information necessary to create a personal account will not be able to place an order on this site.
The data collected is necessary for the proper administration of the services offered on this site as well as for the publisher's compliance with its contractual obligations. The data is kept by the publisher for this sole purpose and the publisher agrees not to use them for another purpose, nor to pass them on to third parties, without the express agreement of users or in cases provided for by law.
The contact details of all users registered on this site are saved for a maximum of one year from when the personal account is deleted, a reasonable timeframe required for the proper administration of the site and the normal use of data. This data is stored securely, using current technical means, in compliance with the provisions of the French Data Protection Act of 6 January 1978.
In accordance with this Act, internet users have the right to oppose, question, access and rectify the data they have provided. To do this, all they have to do is to make a request from the publisher of this site, by sending an email to the following email address: firstname.lastname@example.org or by post to the publisher's head office, mentioned at the top of these general terms and conditions.
Collected personal data is subject to computer processing and is exclusively reserved for the publisher of the site. Collected personal data is not subject to any transfer abroad. Mr Ludovic Nittel is responsible for processing.
Declarant number: 1650138
In addition, the publisher reserves the right to collect the public Internet Protocol (IP) address of all internet users. The collection of IP addresses will be done anonymously; the data will be kept for the same duration as personal information and will be intended only to enable the proper administration of the services offered on this site. The IP address is a series of digits, separated by dots, for the unique identification of a computer on the internet.
The publisher must communicate all personal data relating to an internet user to the police (upon judicial requisition) or to any person (on the order of a judge). The IP address of any computer may be connected to the actual identity of the subscriber, held by the ISP (Internet Service Provider).
To ensure optimal browsing on this site for all internet users as well as a better functioning of the various interfaces and applications, the publisher will store a cookie on the user's computer. This cookie makes it possible to store information relating to browsing on the site (date, page, hours), as well as any data entered by internet users during their visit (searches, login, email, password). These cookies are intended to be kept on the internet user's computer for a variable duration of up to six months, and may be read and used by the publisher during a subsequent visit of the internet user to this site.
The internet user can block, change the duration of or delete this cookie via his/her browser (usually: tools or options/privacy or confidentiality). In such an event, browsing on this site will not be optimised. If the systematic disabling of cookies on the internet user's browser prevents him/her from using certain services or features provided by the publisher, in no event can this malfunction constitute damage to the member who cannot claim any compensation thereupon.
Internet users can also delete cookies which have been previously installed on their computer by going to the browser menu provided for this purpose (generally, tools or options/privacy or confidentiality). Such action does not affect their browsing on this site but causes users to lose all the benefit of the cookie. In this event, they will have to enter all personal information again.
In the event of it being impossible to access the site, due to a technical or any other kind of problem, the customer will not be able to claim damages and cannot claim any compensation.
The unavailability, even prolonged and without any limitation, of one or more products, cannot constitute harm to internet users and can in no way give rise to the awarding of damages and interests by the site or its publisher.
In no event can the publisher be held liable for the non-performance or improper performance of the contract which may be directly or indirectly attributable to the customer or to a case of force majeure, as defined by the French courts.
The visual representations of the products, published on this site, are guaranteed by the publisher as perfectly faithful to reality, thereby satisfying the publisher's obligation of perfect information. However, based on the current state of technology, the rendering of these representations, particularly in terms of colour or shape, can vary substantially from one computer to another and can differ from reality, depending on the quality of the graphic accessories and the screen and depending on the display resolution. In no event can these variations and differences be attributed to the publisher who cannot be held liable in any way for this.
The hypertext links on this site may refer to other websites and the publisher of this site cannot be held liable if the content of these sites violates the laws in force. Similarly, the publisher of this site cannot be held liable if the internet user's visit to one of these sites causes damage.
All elements of this site belong to the publisher and are protected by intellectual property laws.
Internet users therefore acknowledge that, in the absence of authorisation, any total or partial copy and any dissemination or use of one or more of these elements, even if modified, may give rise to legal proceedings against them by the publisher or his beneficiaries.
This protection covers all the textual and graphic content of the site, its structure, its name and its graphic charter.
These general terms and conditions may be modified at any time by the publisher of the site or his representative. The general terms conditions of sale applicable to the customer are those in force on the day of his/her order. The publisher agrees to keep all past general terms and conditions and to send them to any user who requests them.
These general terms and conditions are subject to the application of French law and the jurisdiction of the French courts. The language of the contract is French.
In the event of a dispute with a professional client, exclusive jurisdiction is assigned to the courts of Bergerac (24100).
Except for provisions of public order, any disputes which may arise in connection with the execution of these general terms and conditions may be submitted to the publisher of the site, before any legal action, for an amicable settlement. It is expressly reminded that requests for an amicable settlement do not suspend the time limits for taking legal action.
If one of the clauses of these general terms and conditions were to be declared null by a judicial ruling, this nullity would not entail the nullity of all the other clauses, which would continue to remain in effect.
If the publisher decides not to exercise the rights, either temporarily or permanently, relating to one or more clauses of these general terms and conditions, in no event will this constitute a waiver to exercise the rights relating to the remaining general terms and conditions.