General conditions of sale and use

1. PURPOSE

Le présent contrat a pour objet de définir les conditions générales de vente des produits proposés par Clématisse Pattern (n° d’immatriculation au RCS 834918302) sur sa boutique en ligne à l’adresse internet http://www.clematissepattern.com
Elles régissent les relations entre d’une part :
– Clématisse Pattern
et d’autre part :
– son Client ci-après désigné « Client ».

These general conditions of sale apply to individuals.
For resale to professionals, please contact me at clematisse.pattern@gmail.com

2. ACCEPTANCE OF THE TERMS AND CONDITIONS OF SALE

Toute commande passée sur le site http://www.clematissepattern.com vaut pour acceptation en totalité des conditions générales de vente. Ces conditions générales de vente peuvent faire l’objet de modifications, dans ce cas les conditions applicables sont celles en vigueur sur la boutique à la date de la commande.

3. CUSTOMER ACCOUNT

Any order can only be placed when the User has registered on the Site by creating a customer account.

Registration is open to all natural persons of legal age and in full possession of their personalities and legal capacities. Registration is free.
For this purpose, the User must fill in all mandatory fields; otherwise, registration cannot be completed.
As such, the User guarantees and declares on his honor that all information communicated on the Site is accurate and compliant. The User is responsible for updating his personal data. To this end, he can modify his personal data from the page dedicated to the latter and available in his account. The User is solely responsible for the truthfulness, accuracy and relevance of the data provided.

Each registered User has a username and password. Each User is solely responsible for protecting the password they have chosen. The User's username and password are strictly personal and confidential; the User is therefore prohibited from transmitting or communicating them to a third party. The Seller will not be held responsible for any identity theft of a User. If a User suspects fraud at any time, they must contact the Seller as soon as possible so that the Seller can take the necessary measures and regularize the situation.

The User may at any time log into their customer account via the address https://clematissepattern.com/mon-compte . If the data contained in the customer account section were to disappear following a technical breakdown or a case of force majeure, the Seller cannot be held liable, as this information has no probative value but is only informative. Each User is free to close their account on the Site. To do this, they must send an email to the Seller indicating that they wish to delete their account. No recovery of their data will then be possible.

In the event of non-compliance with the T&Cs/T&Cs, the Seller reserves the right to temporarily or permanently delete all accounts created by the offending User.
Deletion of the account results in the permanent loss of all benefits and services acquired on the Site. However, any Order placed and invoiced by the Site before the account is deleted will be executed under normal conditions.
Said deletion will not be likely to constitute damage for the User who will not be able to claim any compensation for this fact. This exclusion does not exclude the possibility, for the Seller, to undertake legal proceedings against the User, when the facts have justified it.

4. PRICE AND PAYMENT TERMS

The reference currency on the Site is the euro (€ EUR).

The prices indicated in euros are final prices, expressed excluding taxes, as the Seller is not subject to VAT. Regarding dematerialized products, no additional fees are charged, with the possible exception of fees levied by your bank independently of the activity and invoicing established by the Seller.

Unless otherwise provided, all sales are paid in cash at the time the Order is placed.
Payment can be made by credit card or Paypal account, via a secure connection on the Paypal payment platform.

Payment by credit card is made possible by Stripe, which ensures the security and recording of the payment order. In this regard, the Customer acknowledges that at no time will confidential information relating to their credit card be transmitted to the Seller.

The Seller reserves the right to modify its prices at any time and to pass on, if applicable, any change in the VAT rate in force to the price of the Products offered on the Site. However, the price appearing in the catalog on the day of the Order will be the only one applicable to the Customer.

5. RECEIPT OF ORDERED PRODUCTS

When an Order is validated, the Customer receives an email containing links to the email address they provided. These links allow them to download the purchased Products in .pdf format.
The Customer can also access these links by logging into their account on the Site.

The Customer undertakes not to communicate the link received, nor the files downloaded following an Order, to third parties, whether free of charge or for payment. The Products purchased during the Order are reserved for strictly personal use.

The Seller undertakes to make every material and human effort to make the Products available to the Customer's account within 24 hours after validation of the Order. However, it cannot under any circumstances be held responsible for delays in availability caused by faults for which it is not responsible.
If the Products have not been made available within the specified timeframe, the Customer may request cancellation of the sale under the conditions set out in Articles L138-2 and L138-3 of the French Consumer Code. The sums paid by the Customer will be returned to him no later than 14 days following the date of termination of the contract.
This provision does not apply when the Seller's delay is due to a fault of the Customer or to a case of force majeure, that is to say to the occurrence of an unforeseeable, irresistible event beyond the control of the Seller.

6. Return conditions and withdrawal form

The consumer has a period of 14 days to exercise his right of withdrawal from a contract concluded remotely, following telephone or off-premises canvassing, without having to justify his decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph runs from the day:
1° Of the conclusion of the contract, for service provision contracts and those mentioned in Article L. 221-4;
2° Receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.

In accordance with Article L221-28, the supply of digital content not provided on a physical medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.

Download the standard withdrawal form

7. Intellectual property

All photos, texts and logos on this site are protected by copyright.

Tous les patrons commercialisés sur le site http://www.clematissepattern.com sont réservés à un usage privé :
– Aucune reproduction ou commercialisation, totale ou partielle n’est autorisé.

Any marketing of clothing made from Clématisse Patterns is also prohibited.

Any sewing workshop using Clématisse Patterns is subject to authorization from Clématisse Pattern.

For any questions, please do not hesitate to contact me: clematisse.pattern@gmail.com

All sewing patterns marketed by Clématisse Pattern Company have been registered with the INPI (French Intellectual Property Office). These Products are reserved for private use; any commercial exploitation (for example, sewing lessons, sale of clothing made from these patterns, etc.), copying and distribution, free or paid (excluding authorized resellers) will expose the offender to civil and criminal prosecution.

8. RESPONSIBILITY

The Seller cannot under any circumstances be held responsible for the consequences or damages of any nature which could result from improper use of the products sold.

Once the purchase process is complete, the Customer is responsible for the files received and cannot request their replacement free of charge if they are deleted, lost or modified. Furthermore, the Seller cannot be held responsible for changes made to the files by any printing or reprographics company that the Customer may use.

The Seller cannot be held responsible for the unavailability, whether temporary or permanent, of the Site, and although it uses all its means to ensure the service is permanently available, it may be interrupted at any time. In addition, the Seller reserves the right, by voluntary act, to make the Site unavailable in order to carry out any update, improvement or maintenance operation.

9. DATA PROTECTION AND FREEDOM

The information requested from the Customer is necessary for processing the order and may be communicated to the Seller's contractual partners involved in the execution of this order, solely for purposes relating to the proper execution of the order.

The Customer has (article 34 of the law of January 6, 1978) a right of access, modification, rectification and deletion of data concerning him, which he can exercise with the Seller.

The Seller undertakes not to communicate to third parties for commercial or advertising purposes the information provided by its customers.

10. APPLICABLE LAW

The law governing the T&Cs/T&Cs is French law. In the event of a dispute or complaint, the Customer shall first contact the Seller to obtain an amicable solution. Subsequently, and in the event of an appeal, the Customer may file a claim with the French courts, which shall have sole jurisdiction. The Seller shall not be held liable for non-compliance with laws or legal provisions in force in countries other than France. Its liability shall only be limited to the amount of the product concerned by the dispute.