General Terms and Conditions

Terms and conditions

These General Conditions of Sale are up to date as of March 17, 2021

DEFINITIONS

These General Conditions of Sale are offered by the company LA METHODE PAPIER , AE with capital of 1000 euros, registered in the Montpellier Trade and Companies Register under number 840693287, represented by LA METHODE PAPIER, whose head office is located in 9 RUE DES COLONNES 75002 PARIS 2

His email address is lamethodepapier@gmail.com.

The company is the owner and publisher of the website https://lamethodepapier.com. The Site is hosted by SHOPIFY

The Site offers the Customer the possibility of the site allows customers to purchase our fitness journal, in order to help them get back into shape.

Before any use of the Site, the Customer must ensure that he has the technical and IT means allowing him to use the Site and order the Products on the Site, and that his browser allows secure access to the Site. The Customer must also ensure that the computer configuration of its hardware/equipment is in good condition and does not contain viruses.

APPLICATION AND ENFORCEMENT OF THE CGV

The purpose of these General Terms and Conditions is to define all the conditions under which the company markets the Products as offered for sale on the Site to Customers. They therefore apply to any Product Order placed on the Site by the Customer.

The Customer declares to have read and accepted these General Terms and Conditions before placing their Order.

Validation of the Order therefore constitutes acceptance of these General Terms and Conditions. These are regularly updated, the applicable General Terms and Conditions are those in force on the Site on the date the Order is placed.

Any contrary condition posed by the Customer would therefore, in the absence of express acceptance, be unenforceable against the company regardless of when it may have been brought to its attention.

The fact that the company does not avail itself at a given time of any provision of these General Conditions of Sale cannot be interpreted as a waiver of the right to subsequently avail itself of any provision of these General Conditions of Sale.

ORDERING PRODUCTS ON THE SITE

The company reserves the right to correct the content of the Site at any time.

The Customer can find on the product page the period during which, or the date until which, the spare parts essential for the use of the product are available on the market.

The Products offered for sale are described and presented with the greatest possible accuracy. However, a minimal variation in the color of the product(s) does not engage the responsibility of the company and does not affect the validity of the sale.

The Customer selects the Product(s) he wishes to purchase, and can access the summary of his Order at any time.

The Order summary presents the list of the Product(s) that the Customer has selected, and includes any additional costs such as the delivery price added to the price of the Product(s) of the Order. The Customer has the possibility of modifying his Order and correcting any errors before accepting his Order.

After accessing the summary of their Order, the Customer confirms acceptance of their Order by checking the T&C validation box, then clicking on the Order validation icon. The words ''Order with payment obligation'' or a similar formula devoid of any ambiguity appear next to the Order validation icon to ensure that the Customer explicitly acknowledges their obligation to pay for the Order.

After acceptance of the General Terms and Conditions and validation of the Order with payment obligation, the contract is validly concluded between the company and the Customer and binds them irrevocably.

After validation of his Order and in order to be able to proceed with payment, the Customer enters the contact details to which he wishes to obtain delivery of the product(s) ordered, and invoicing if they are different. The delivery process for the product(s) ordered is described in Article 5 of these General Terms and Conditions.

The company then sends him an Order confirmation by email, including the elements of the summary of his Order and the delivery and, where applicable, billing addresses provided.

After having validated their delivery details and, where applicable, invoicing, the Customer proceeds to pay for their Order according to the terms specified below.

ORDER PRICE AND PAYMENT TERMS

The prices are mentioned on the Site in the descriptions of the Products, in euros and excluding tax and all taxes included.

The total amount is indicated in the Order summary, before the Customer accepts these General Terms and Conditions, validates his Order, provides and validates his delivery and, where applicable, invoicing details and proceeds to payment. This total amount is indicated all taxes included.

The Order of Products on the Site is payable in euros. Full payment must be made on the day of the Order by the Customer, by credit card, unless special conditions of sale are expressly accepted by the Customer and the company.

In the event of payment by credit card, the Site uses the security system of stripe, a service provider specializing in online payment security. This system guarantees the Customer total confidentiality of their banking information. The banking transaction by credit card, carried out between the Customer and the secure system, is therefore fully encrypted and protected. The Customer's bank details are not stored electronically by the company. Stripe's general conditions of use can be consulted at the following address: https://stripe.com/fr/privacy.

The Customer guarantees to the company that he has the necessary authorizations to use the payment method when placing the Order.

The company reserves the right to suspend or cancel any execution and/or delivery of an Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum which would be owed by the Customer to the company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.

DELIVERY

The product(s) offered on the Site can be delivered to mainland France exclusively.

The company undertakes to deliver the product(s) within a period not exceeding 3 to 6 working days from the Order date.

The Customer is informed by email, when their Order is ready, of its shipment. The product(s) ordered(s) are delivered to the delivery address indicated by the Customer when placing the Order under the conditions specified in Article 8 of these General Terms and Conditions.

The Customer must ensure that the information communicated referred to in article 3.7 of these General Terms and Conditions is correct, and that it remains so until complete delivery of the product(s) ordered. The Customer therefore undertakes to inform the company of any change in billing and/or delivery details which may occur between the Order and delivery, by sending, without delay, an email to the customer service email address. Failing this, in the event of a delay and/or delivery error, the Customer cannot under any circumstances hold the company liable in the event of non-delivery, and the company's customer service will contact the Customer for a second delivery. on client fee.

The company will also not be responsible if the non-receipt of the Products is due to the action of a third party outside its intervention or in the event of theft.

If the Order is returned due to the Customer's absence, the company's customer service will contact the Customer for a second delivery at the Customer's expense.

The Customer will be able to follow the delivery of their Order by contacting customer service, the number of which appears in article 6.2 of these General Terms and Conditions.

CUSTOMER SERVICE

For any request for information, clarification or for any complaint, the Customer must contact, as a priority, the company's customer service, in order to allow the latter to try to find a solution to the problem.

The company's customer service is available from 9 a.m. – 6 p.m. Monday to Friday using the following contact details:
email: lamethodepapier@gmail.com
mail: 9 RUE DES COLONNES 75002 PARIS 2

LEGAL AND COMMERCIAL WARRANTIES

All products offered by the company are subject to the legal guarantee of conformity provided for by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and to the guarantee of hidden defects provided for by articles 1641 and 1648, first paragraph, of the Civil Code:

The non-compliant product will be replaced or repaired according to the cost conditions provided for by the Consumer Code.

The legal guarantee of conformity applies independently of any commercial guarantee granted.

Thus the Customer:

(i) benefits from a period of two (2) years from delivery of the product to take action regarding lack of conformity of the Product

(ii) is exempt from providing proof of the existence of the lack of conformity of the goods during the ten (6) months following delivery of the product,

(iii) may choose between repair or replacement of the product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code.

In addition, the Customer can also implement the legal guarantee for hidden defects in the item sold, within the meaning of articles 1641 et seq. of the Civil Code. The legal guarantee against hidden defects allows the Customer, within two years from the discovery of the defect, to reimburse a Product which turns out to be unfit for its use.

The hidden defects guarantee allows the Customer to be protected against hidden defects in the product purchased and which prevent its use or affect it to such an extent that the Customer would not have purchased it.

The Customer then has the choice between two options: keep the product and request a reduction in the price, or return the product and request reimbursement of the price paid, in accordance with article 1644 of the Civil Code.

The following legal provisions are recalled:

Art. L217-4 of the Consumer Code : '' The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility .''

Art. L217-5 of the Consumer Code : '' The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable (a) if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; (b) if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. ''

Art. L217-7 of the Consumer Code : '' Defects of conformity which appear within twenty-four months from delivery of the good are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity . ''

Art. L217-8 of the Consumer Code : '' The buyer has the right to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials he himself supplied . ''

Art. L217-9 of the Consumer Code : '' In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer. ''

Art. L217-10 of the Consumer Code : '' If repair and replacement of the goods are impossible, the buyer can return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking. However, the sale cannot be canceled if the lack of conformity is minor . ''

Art. L217-11 of the Consumer Code : '' The application of the provisions of articles L. 217-9 and L. 217-10 takes place without any cost for the buyer. These same provisions do not prevent the award of damages. ''

Art. L217-12 of the Consumer Code : '' Action resulting from lack of conformity is prescribed two years from delivery of the goods . ''

Art. L217-13 of the Consumer Code : '' The provisions of this section do not deprive the buyer of the right to exercise action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature recognized by law . ''

Art. 1641 of the Civil Code : '' The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it not acquired, or would have given only a lower price, if he had known them. ''

Art.1642 of the Civil Code : '' The seller is not liable for apparent defects of which the buyer was able to convince himself. ''

Art. 1643 of the Civil Code : '' He is liable for hidden defects, even if he is not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee .''

Art. 1644 of the Civil Code : '' In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded. ''

Art. 1646 of the Civil Code : '' If the seller is unaware of the defects in the thing, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale . ''

Art. 1648 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. (…) ''

If a Customer considers that they have received a product that they consider to be defective or non-compliant, they must contact the company, as soon as possible after receipt of the Order, at the following email address: lamethodepapier@gmail. com , or by registered mail with acknowledgment of receipt to the following address: 9 RUE DES COLONNES 75002 PARIS 2 , specifying the defect or non-compliance in question.

It will be up to the Customer to provide any justification for the designation of apparent defects and/or anomalies noted. The Customer must allow the company every opportunity to identify these defects or non-conformities and to remedy them if necessary. He will refrain from intervening himself or involving a third party for this purpose.

If the defects and/or anomalies are confirmed by the company, the latter will then send the Customer its instructions on how to proceed after having become aware of the complaint thus formulated and, if necessary, will replace the product of which the company would have been led to note the lack of conformity, or the defect.

In the event that the exchange of the product is impossible, the company will be required to reimburse the Customer within fourteen days of receipt of the product. Reimbursement will be made on the company's proposal by crediting the Client's bank account, the Client being able to opt for another method of reimbursement than that proposed.

CUSTOMER OBLIGATIONS

The Customer undertakes to respect the terms of these General Terms and Conditions.

The Client undertakes to use the Site in accordance with the company's instructions.

The Customer agrees that he only uses the Site for his personal use, in accordance with these General Terms and Conditions. In this regard, the Client agrees to refrain:

To use the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these General Terms and Conditions.
To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software activating or comprising all or part of the Site.
Attempt to gain unauthorized access to the Site's computer system or engage in any activity that disrupts, diminishes the quality or interferes with the performance or deteriorates the functionality of the Site.
To use the Site for abusive purposes by intentionally introducing viruses or any other malicious program and to attempt to gain unauthorized access to the Site.
To infringe the intellectual property rights of the company and/or to resell or attempt to resell the products to third parties.
To denigrate the Site and/or the products as well as the company on social networks and any other means of communication.

If, for any reason, the company considers that the Customer is not complying with these General Terms and Conditions, the company may at any time, and at its sole discretion, remove their access to the Site and take all measures including any civil and criminal legal action. against him.

RIGHT TO RETRACT

In accordance with articles L.221-18 et seq. of the Consumer Code, the Customer has a period of 14 days from receipt of the last product ordered on the Site to exercise his right of withdrawal from the company, without having to provide reasons or pay a penalty.

All Products/Services may be subject to withdrawal, except those excluded by article L. 221-28 of the Consumer Code, reproduced below:

The right of withdrawal cannot be exercised for contracts:

1° The provision of services fully executed before the end of the withdrawal period and the execution of which has started after the express prior agreement of the consumer and express waiver of his right of withdrawal;

2° The supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;

3° Supply of goods made according to the consumer's specifications or clearly personalized;

4° Supply of goods likely to deteriorate or expire quickly;

5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

6° Supply of goods which, after having been delivered and by their nature, are mixed inseparably with other articles;

7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional;

8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;

9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

10° Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;

11° Concluded at a public auction;

12° Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period;

13° Supply of digital content not provided on a physical medium whose execution has begun after express prior agreement of the consumer and express waiver of his right of withdrawal.

To exercise his right to withdraw from the Order, the Customer must notify his decision to withdraw using the withdrawal form provided in the appendix hereto or by means of an unambiguous declaration, without providing reasons. The Customer may communicate his decision of withdrawal to the company by any means, in particular by sending it by post to the company at the following address: 9 RUE DES COLONNES 75002 PARIS 2 or by email to lamethodepapier@gmail.com

In the event of notification to the company by the Customer of his decision to withdraw, whatever the means used, the company will immediately send him an acknowledgment of receipt of the withdrawal on a durable medium (in particular by email).

The Customer must return the product(s) in the same condition as that in which he or she received them, and with all packaging elements, accessories and instructions (even if the ( s) product(s) has or have been unpacked), as soon as possible and at the latest within 14 days from notification of the decision to withdraw from this contract, to the following address: 9 RUE DES COLONNES 75002 PARIS 2. In accordance with the law, the Customer is responsible for the costs of returning the product(s).

In the event of withdrawal by the Customer, the reimbursement of the Product(s) which has or have been the subject of the right of withdrawal is made by the company by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees in a different way. In any event, this reimbursement will not incur any costs for the Customer. The refund is made as soon as possible, and no later than 14 days from the day the company is informed of the Customer's decision to withdraw their Order.

In accordance with article L.221-23 of the Consumer Code, the Customer is informed that his liability is only incurred towards the company for a depreciation of the product(s), returned. following the exercise of his right of withdrawal, resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this or these goods.

RESPONSIBILITY

The company implements all measures to ensure that the Customer is supplied, under optimal conditions, with quality product(s). However, it cannot under any circumstances be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which would be attributable either to the Client, or to the unforeseeable and insurmountable act of a third party unrelated to the contract, or to a case of force majeure. More generally, if the company were to be held liable, it could under no circumstances agree to compensate the Client for indirect damage or the existence and/or quantum of which would not be established by evidence.

The company cannot be held responsible for damage caused by misuse of one of its products or by non-compliance with the precautions for use and conditions of hygiene, storage and safety when using one of its products. Products/Services.

The Site may contain links to other sites not published or controlled by the company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.

The establishment of such links or the reference to any information, articles or services provided by a third person cannot and cannot be interpreted as an express or tacit endorsement, by the company, of these sites and these elements nor of their contents.

The company is not responsible for the availability of these sites and cannot control the content or validate the advertising, product(s) and other information published on these websites.

It is expressly stipulated that the company cannot under any circumstances be held responsible, in any way whatsoever, in the event that the Customers' computer equipment or electronic messaging rejects, for example due to anti-spam, the emails sent by the company, and in particular, without this list being exhaustive, the copy of the payment receipt, the summary statement of the Order or the shipment tracking email.

The Customer is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the company would never have entered into a contract.

SECURITY

The Customer undertakes not to compromise the security of the Site. To this end, he undertakes not to carry out any fraudulent access and/or maintenance in the company's information system. The Client may also not harm or hinder the company's information system. Failing this, the company may take any measure against it and in particular incur criminal liability under articles 323-1 et seq. of the Penal Code.

INTELLECTUAL PROPERTY AND PERSONAL DATA

All elements of this Site and the Site itself are protected by copyright, trademark law, designs and models and/or all other intellectual property rights. These elements are the exclusive property of the company. All of these rights are reserved for the entire world.

The name and brand, logos, designs and models, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the company.

No title or right whatsoever to any material or software will be obtained by downloading or copying material from this Site. The Customer is expressly prohibited from reproducing (except for his personal and non-commercial use), publishing, editing, transmitting, distributing, showing, removing, deleting, adding to this Site and the elements and software it contains, no more modify them or carry out any work based on them, nor sell or participate in any sale in connection with this Site, the elements of this Site or any software relating thereto.

The company grants the Client a non-exclusive license to use the Site. This license is strictly personal and cannot under any circumstances be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.

Any use by the Client of the company names, brands and distinct signs belonging to the company is strictly prohibited except in the event of express and prior agreement from the company.

The company understands that the protection of data and privacy is an issue for all Internet users visiting the Site. The company undertakes, in accordance with GDPR regulations, to respect your privacy and to protect your personal data, i.e. likely to identify you directly or indirectly as a person.

As part of the order, the company aims to collect the Customer's personal data. The company is committed to protecting customers' personal data.

The files containing personal data necessary for the order are notably kept on the servers of the Site host. This service provider ensures that it complies with the requirements of the General Data Protection Regulation (GDPR). The company does not communicate or trade in customer personal data.

At the order stage on the Site, the Customer expressly consents to the collection and processing of his personal data necessary to place orders.

The purpose of the personal data collected by the company is to enable the order to be carried out. The various personal data will not be kept longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or tax obligations.

In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004 known as ''Informatique et Libertés'', and the general regulations on data protection ( GDPR), subject to proof of your identity, any Customer, regardless of their nationality, has the right to access, modify and delete their personal data. Each Customer is also entitled to request a limitation of the processing of their data and also has a right to data portability as well as a right to object to the processing of personal data concerning them.

For the purposes of applying this clause and, in particular, to ensure the confidentiality treatment of Customer data, the company has designated, in accordance with the provisions of the general data protection regulations (GDPR), a delegate to the data protection, which can be contacted at the following address: lamethodepapier@gmail.com

In any case, any Customer has the right to make any complaint to the CNIL.

NEWSLETTER

By checking the box provided for this purpose or by expressly giving his agreement to this purpose, the Customer accepts that the company may send him, at a frequency and in a form determined by it, a newsletter (information letter) which may contain information relating to its activity.

When the Customer checks the box provided for this purpose in the registration process on the Site to place the Order, he agrees to receive commercial offers from the company for Products similar to those ordered.

Customers will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).

LIST OF OPPOSITION TO TELEPHONE CALLING

The Customer has the option of registering free of charge on a BLOCTEL telephone canvassing opposition list (www.bloctel.gouv.fr) in order to no longer be contacted by telephone by a professional with whom he or she does not have a contractual relationship in course, in accordance with law no. 2014-344 of March 17, 2014 relating to consumption.

Any consumer has the opportunity to register for free on this list on the site https://conso.bloctel.fr/index.php/inscription.php .

APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION

These General Terms and Conditions are governed and interpreted in accordance with French law, without taking into account the principles of conflicts of law.

In the event of a dispute likely to arise during the interpretation and/or execution of these Terms or in relation to these General Terms and Conditions, the Customer may decide to submit the dispute with the company to a conventional mediation procedure or any other alternative method of dispute resolution.

You can use the mediation service for consumer disputes linked to an order placed on the internet.

To find out how to contact the Mediator:

Finally, it is recalled that mediation is not obligatory but only offered in order to resolve disputes by avoiding recourse to justice.

The Customer can also go to the European consumer dispute resolution platform set up by the European Commission at the following address and listing all dispute resolution organizations approved in France: https://webgate.ec.europa.eu/odr/ .

In the event of failure of this mediation procedure or if the Client wishes to refer the matter to court, the rules of the code of civil procedure will apply.

Annex 1

WITHDRAWAL FORM

THE PAPER METHOD 9 RUE DES COLONNES 75002 PARIS 2

lamethodepapier@gmail.com

I hereby notify you of my withdrawal from the contract relating to the sale of the product(s)/service(s) mentioned below:

Ordered on:

Received on:

Order number :

Client name :

Customer address:

Date :

Client's signature :