Terms and conditions for professionals

Scope

The www.ma-louloute.com service (hereinafter the “Website”) is a service of the EDITA DESIGN company, a single-shareholder limited liability company with a capital of 10,000 euros, with its head office located at 31 rue de la Frébardière - ZI Sud-Est - 355135 Chantepie - France, registered under number 821 784 873 in the Company and Trade Register of Rennes (intra-community VAT number FR12821784873). The Website offers to its users, freely accessible via the Internet, the information available at the moment of their connection.

The purpose of these General Terms of Sale (hereinafter the “Terms and Conditions”) is to govern the contractual relations between the EDITA DESIGN company described above and the Customer defined below.

They are systematically placed at the disposal of each Customer on the Website to allow them to place an order. They apply to all the sale contracts entered into for the products sold via the Website under the “PHARMACY SPACE” tab. Every sale made by EDITA DESIGN under this tab will be exclusively governed by the stipulations of these Terms and Conditions, which will be appended to or accompany any sales offer or proposal whatsoever emanating from EDITA DESIGN.

By purchasing products online, using the service, the Customer thus declares that they are using the Website in accordance with applicable laws and the following Terms and Conditions.

EDITA DESIGN reserves the right to adapt or modify these Terms and Conditions at any time. In this case, only the General Terms and Conditions of Sales in force when the Order is accepted will apply. EDITA DESIGN thus advises the Customer to save and/or print these Terms and Conditions for the safe and sustainable storage of the same. The Customer may thus invoke them at any time during the implementation of the contract, if necessary.

Unless it has the prior and written express acceptance of EDITA DESIGN, no particular term may prevail over these Terms and Conditions. Consequently, any conflicting term that the Customer wishes to enforce upon EDITA DESIGN will, failing the express acceptance thereof, be non-enforceable upon EDITA DESIGN, regardless of the moment when or the circumstances in which it may have been made aware of it.

The fact that EDITA DESIGN does not rely on any one of these Terms and Conditions at a given time, may not be interpreted as a waiver by the same to subsequently rely on any of said Terms and Conditions.

Information about the EDITA DESIGN company:

Postal address: 31 rue de la Frébardière - ZI Sud-Est - 35135 Chantepie - France
Publishing Manager: Édita Rebours (Managing Director of EDITA DESIGN)

Definitions

Customer: Refers to any physical or legal person, public or private, who acts for purposes that fall within the framework of its commercial, industrial, crafts, agricultural, or professional business, and purchases one or more products from the EDITA DESIGN Website. Note: Any Professional Customer wishing to buy or distribute products for the EDITA DESIGN company under the terms reserved for professionals should contact the EDITA DESIGN company at the address hello@ma-louloute.com or using the online contact form, in order to obtain a username and password that will allow them to log in to the Pharmacy Space. This ID and password that the Professional will receive are strictly confidential and personal. The Professional declares that he or she has the legal capacity to enter into a contract.

Terms and Conditions of Use

On the Website:

Contractual information is presented in French or English. In the event of a contradiction or difficulties with the interpretation, only the information and terms and conditions in the French language are valid. The contractual information will be subject to a confirmation restating this contractual information during the online purchase procedure.
The Customer’s confirmation of their order on the Website implies their full and unreserved acceptance of these Terms and Conditions. The data that EDITA DESIGN registers on the Website or the transcripts of telephone calls between the Customer and EDITA DESIGN’s services constitute the proof of all of the transactions that have taken place between EDITA DESIGN and its Customers. The data registered by the payment system constitutes the proof of financial transactions.

Access to the Pharmacy Space

Any Customer wishing to buy or distribute EDITA DESIGN products can contact EDITA DESIGN at the address hello@ma-louloute.com or by using the online contact form, in order to obtain a username and password that will allow them to connect to the Pharmacy Space. This ID and the password that the Customer will receive are strictly confidential and personal. Under no circumstances may they be disclosed or communicated to anyone. In the case where the Customer loses or forgets the password, it is their responsibility to notify, as soon as possible, the manager of the EDITA DESIGN company website at the address hello@ma-louloute.com, which will issue them with a new password within forty-eight (48) hours that will fully replace the former. In order to facilitate the Customer’s identification through the simultaneous provision of the email address and password, the Customer expressly authorises EDITA DESIGN to deposit a file, called a “cookie”, on the Professional’s hard drive, for the sole purpose of facilitating said identification.

The Pharmacy Space tab allows Customers, once connected, to access the bulk price table, create their customer account and to place orders in this Space.

4.1 - Description of the My Account Service

The Customer accessing the MY ACCOUNT Service has the possibility to consult, modify, complete his or her contact details, profile, password and shipping addresses.

This password is strictly personal and should be kept confidential. The Customer expressly acknowledges that entering his or her email address and password constitutes identification on his or her part. It will only be possible to create one Customer Account per person (same surname, first name, email address). The Customer is solely responsible for these identification details and is required to keep them secret.

EDITA DESIGN cannot be held responsible for the loss or theft of these identification details.

Only the Customer may make changes to these elements in the event that the password is forgotten. In this specific case, the Customer will make a written request to EDITA DESIGN. EDITA DESIGN cannot be held responsible for the disclosure to third parties of these elements, nor for the consequences of their use.

The Customer certifies the accuracy, reliability and sincerity of the personal information and contact details provided. The Customer provides a valid and functional email address so that EDITA DESIGN can contact his or her about her orders and for communication purposes.

The Customer must provide a valid postal address for shipping and invoicing. The Customer must therefore modify as soon as possible, and at any time, any change of postal or email address directly in his or her Customer Account, on MA-LOULOUTE.COM, in the “address” section and in the “subscription” section for any current subscription.

EDITA DESIGN cannot be held responsible for the Customer’s lack of diligence when creating his or her account or subscription, modifying or updating of personal data and as a result of incorrect contact details, or for their consequences on the delivery of Orders.

EDITA DESIGN may at any time verify the veracity and conformity of personal details. Indeed if, EDITA DESIGN finds that any of this information appears erroneous and/or misleading, EDITA DESIGN may enquire with the Customer for more information or modifications, and reserves the right to suspend or terminate any contractual relationship with the Customer or to suspend access to the Customer.

THE CUSTOMER IS FULLY RESPONSIBLE FOR THE CONTACT DETAILS THEY PROVIDE. EDITA DESIGN WILL NOT BE HELD RESPONSIBLE IN ANY WAY IN THE EVENT OF AN ERROR MADE WHEN FILLING IN ONE OF THE REQUESTED FIELDS.

All of the information is presented to the Customer in French or English.

Orders

The Customer may make his or her order of Products.

A Customer connected to the Pharmacy Space who is interested in an item appearing on the www.ma-louloute.com Website will follow the steps below in order to place their Order. To place an order, the Customer selects their products and adds them to their shopping cart. The first order must be for a minimum quantity of twenty (20) products. The following orders must then be for a minimum quantity of ten (10) products each. The Customer can access its shopping cart at any time by clicking on the corresponding “Product” tab. To continue the ordering process, the Customer must accept these Terms and Conditions and click on “Finalise my order” under their shopping cart. They will then fill out the form that appears in the display, following the instructions given to them online, entering the information necessary to his or her identification and especially the company name, phone number and postal, email, invoicing and shipping addresses.

The presentation of the products on the website may sometimes be slightly different from the product delivered. The differences may result from the colour quality of the photographs, the technical adaptation of the visuals on the Website, or the difficulty of portraying the materials on the screen. This list is non-exhaustive.

5.1 - Customer identification

From the Website, the Customer may place an order once he or she has first opened an account. The customer must be identified by providing his or her contact details by completing the registration form. Once his or her registration on the Website has been validated, Ma-Louloute.com will send an email to the Customer to confirm his or her registration on the Website.

Once identified, the Customer will be able to reconnect whenever he or she wishes using an identifier composed of his or her email address and a password that he or she has freely chosen.

5.2 - Description of the My Account Service

The Customer accessing the MY ACCOUNT Service has the possibility to consult, modify, complete his or her contact details, profile, password and shipping addresses.

EDITA DESIGN cannot be held responsible for the loss or theft of these identification details.

They will then fill out the form that appears in the display, following the instructions given to them online, entering the information necessary to his or her identification and especially the company name, phone number and postal, email, invoicing and shipping addresses.

THE CUSTOMER IS FULLY RESPONSIBLE FOR THE CONTACT DETAILS THEY PROVIDE. EDITA DESIGN WILL NOT BE HELD RESPONSIBLE IN ANY WAY IN THE EVENT OF AN ERROR MADE WHEN FILLING IN ONE OF THE REQUESTED FIELDS.

5.3 - Conclusion of the order - double click

5.3.1- In the context of occasional purchase orders for products

The sales contract is validly formed when, once his or her email address and password have been entered, the Customer has placed his or her order (first click), has been able to read and accept the General Terms and Conditions of Sales, has verified the content of his or her order (all the products he or she wishes to buy and the price), correcting any errors, has verified the final pricing conditions for delivery, has chosen the payment card payment method and has confirmed it with a second click, in accordance with the provisions of articles 1125 to 1127-3 of the Civil Code.

The double-click procedure is equivalent to consent on the part of the Customer and results in the payment of amounts due for the execution of the order by EDITA DESIGN.

In accordance with Article L221-14 of the French Consumer Code, any order confirmed by the second click entails an obligation to pay. The order is confirmed from the first direct debit payment.

Additional information may subsequently be requested to ensure the quality and security of the delivery. The Customer agrees to transfer to EDITA DESIGN the information and details that the latter may reasonably request from them in the shortest possible time. All of the information is presented to the Customer in French or English.

5.4 - Confirmation of the contract

An email with the General Terms and Conditions of Sales will be sent to the Customer’s email address to confirm the conclusion of the contract on a durable medium, subject to the availability of the products ordered in stock. This confirmation email will also communicate the order number and will make it possible to include all the elements that are subject to the general obligation to inform, mentioned in articles L221-5 and L221-11 and following of the Consumer Code.

This confirmation seals the contract between the parties. It is therefore strongly recommended that the Customer keep the acknowledgement email. The invoice includes the price details of each product before taxes with, where appropriate, the applicable amount of value-added tax, calculated on the total excluding taxes, and included in the total with all taxes included.

If, in the seventy-two (72) hours following the payment of the order by the Customer, the latter does not receive an email informing them that the order has been accepted, EDITA DESIGN invites the Customer to contact its services as soon as possible at the following email address: hello@ma-louloute.com. EDITA DESIGN will then keep the Customer informed of the processing and shipment of their order at the email address used by the latter to report the non-receipt of the email notifying them of the acceptance of their order.

EDITA DESIGN reserves the right to refuse any order for legitimate reasons and in particular in cases where the ordered quantities are abnormally high or unusual for a single Customer, or also for overdue payments.

Each order is deemed to be placed by the Customer for and on their own behalf.

EDITA DESIGN monitors the orders confirmed on the Website in order to prevent any abusive or fraudulent practice. For that reason, it may have to request additional information from the Customer via email, such as supporting documents.

EDITA DESIGN systematically confirms each customer’s order by email, subject to the ordered products being available in stock. This confirmation seals the contract between the parties.

Availability of the ordered products

The offers of products and prices are valid for as long as they are displayed on the Website.

In the event of the selected product being out of stock, the Customer is offered the option of discontinuing the order process or of confirming their order and paying the order amount. The product will be shipped as soon as it is again in stock. If the ordered product is still not available within a period of two (2) months from the order date, EDITA DESIGN reserves the right to cancel the order and to offer a credit slip or to reimburse the Customer within a period of fifteen (15) days.

The unavailability of a product will not result in EDITA DESIGN being held responsible, nor will it entitle the Customer to damages or interest.

Payment and terms of payment

Prices:

1.1 The price table for the products sold in the Website’s PHARMACY SPACE shows prices in euros, all taxes included, and does not include the shipping costs. All orders, regardless of their origin, are payable in euros when placing the order.

EDITA DESIGN reserves the right to modify its prices at any time in line with the changes in market prices. EDITA DESIGN will apply the prices in force at the time of registering the order, subject to the availability of the products on this date.

1.2 The costs of shipping the ordered products to the Customer will be added to the sale price of the products sold on the Website.

IMPORTANT: The shipping costs are calculated on the information communicated by the Customer when selecting the products on the Website and will be updated automatically as soon as any new information is communicated or new selections are made. The Customer should therefore understand that the shipping cost presented upon selecting each product is indicative and provisional, and may vary depending on the place of delivery, the nature and number of the ordered items. The final shipping costs payable by the Customer are indicated in the Customer’s shopping cart once the final products have been selected, and will appear again in the order summary prior to confirmation.

The total amount payable by the Customer will be indicated on the order confirmation page.

1.3 The products are always invoiced according to the prices in force at the time of registering the order, subject to typographical errors or modification of the value-added tax applied in France, which will have an immediate impact.

The promotional prices of the Website will apply for the promotional period indicated on the Website.

Any tax, levy, duty or other benefit payable in application of French regulations or that of an importing country or a country of transit will be payable by the Customer and added to the sale price.

Payment
Payment by cheque or bank transfer

Purchases may be paid by cheque or bank transfer. To do this, the Customer will send an email to EDITA DESIGN once they have their order number, after confirming their cart and clicking on “Confirm my order and pay”. They then indicate their chosen method of payment. EDITA DESIGN will provide the Customer with its bank details for payment by bank transfer. Cheques must be made payable to “EDITA DESIGN”.

Receipt of the payment prompts the confirmation of the order and the sending of the invoice to the Customer.

Payment on the Website

Payment for purchases can be made using the payment cards indicated on the Website at the time of placing the order or via the Paypal service. The proposed price will be paid automatically by credit card according to the payment procedure described during the registration process. The Customer is solely responsible for the effective payment of the purchased product.

THE USER IS SOLELY RESPONSIBLE FOR THE PAYMENT BY CREDIT CARD. The Customer guarantees that they are fully authorised to use the payment card for the payment of their Order and that this means of payment provides access to sufficient funds to cover all the costs resulting from the use of the products of the EDITA DESIGN company.

THE WEBSITE IS NOT RESPONSIBLE FOR PAYMENT PROBLEMS LINKED TO THE OPERATION OF THE E-COMMERCE SERVICE.

It is the Customer’s responsibility to save and print their payment certificate if they wish to keep their bank details and other details relating to their transaction.

Security of online payments

EDITA DESIGN does not archive the data concerning the Customer’s payment card. The secure information will be sent directly and solely to the banking establishment mandated by EDITA DESIGN.

By confirming the order, the Customer guarantees that they have the necessary permissions to make the payment by credit card.

EDITA DESIGN certifies that the Website uses the 3D-Secure payment service to ensure the security of payments. 3D-SECURE is a programme created by the international Visa (Verified By Visa) and MasterCard (MasterCard Secure Code) card issuers in order to strengthen the security of credit card payments on the Internet.

Its objective is dual:

Reduce the risk of fraud (in particular of identity theft and unpaid debts resulting from challenged payment requests)
Offer online Customers a reassuring and secure payment process.

This program is based on the addition of a further authentication step when making an online purchase. To operate, the trader and the user must enrol in the 3D-Secure payment system.

When the Order is validated: the payment request is routed in real time to the secure remote payment system. The latter sends a request for authorisation to the credit card network. The remote payment system issues an electronic certificate that will be proof of the amount and the transaction date in accordance with the provisions of Articles 1365 and subsequent of the Civil Code.

Under no circumstance will the Customer’s personal code be requested. Only the 16-digit credit card number, the expiry date and the 3-digit security code appearing on the back of the card will be requested from the Customer.

Invoicing and terms of payment

EDITA DESIGN will prepare an invoice for each sale of products and send it to the Customer upon confirmation of the order and attach a copy to the parcel. Subject to negotiation of a shorter delay that would be mentioned on the invoice, the latter will be payable, in the case of payment by cheque or bank transfer, no later than thirty (30) calendar days from the issue date of the invoice. No discount will be granted for payment in cash or for payment prior to the due date. Payments by credit card on the Website will be debited immediately.

By express agreement, any non-payment or late payment of all or part of the invoice amount by the agreed due date will result in the application, without prior notice, of the following penalties:

- the obligation for the Customer to pay late payment interest, calculated by applying to all of the sums due and payable as of the expired due date, a rate that is equal to three times the current legal interest rate,

- forfeiture of the term for all outstanding debts. EDITA DESIGN will demand the immediate settlement of all invoice amounts remaining to be paid.

- the right to suspend any delivery, immediately and without compensation, until full payment of all outstanding invoices has been received.

- reimbursement of the recovery costs set forth in article D441-5 of the French Commercial Code for a lump sum of forty (40) euros, which may be increased, upon presentation of supporting documents and pursuant to the provisions of Article L441-6-I of the French Commercial Code, including any interest, expenses, and fees that may have been incurred,

- and all of the above notwithstanding indemnities of any kind that the defaulting buyer may be liable to pay.

The non-payment of invoices within the deadlines will automatically result, without prior notice, in the loss of any discounts that may have been granted to and/or acquired by the Customer.

All compensations or deductions applied unilaterally by the Customer will be treated as a non-payment and will result in the application of the penalties outlined above.

In the event of payment by means of a commercial bill, failure to return said bill will be considered to be a non-acceptance comparable to a non-payment.

Reservation of title

In accordance with article L624-16 of the French Commercial Code, EDITA DESIGN retains ownership of the delivered goods until full payment of the price by the Customer, in principal and accessory, even when a longer payment period has been agreed. Any contrary clause will be deemed not to have been written.

Delivery - Shipping - Transfer of risks

Delivery

Delivery means the transfer of the physical possession or control of the product(s) to the Customer.

Products are delivered anywhere in the world by the Colissimo service, UPS and/or Delivingo to the shipping address indicated by the Customer or to the collection point chosen by the Customer when placing the order.

The Customer should take all the necessary measures to allow an optimal and secure delivery of the ordered products. The products will be sent in accordance with the postal arrangements in force at the time of placing the order.

REMINDER: THE CUSTOMER IS FULLY RESPONSIBLE FOR THE CONTACT DETAILS THEY PROVIDE. EDITA DESIGN WILL NOT BE HELD LIABLE IN ANY WAY IN THE EVENT OF AN ERROR BEING MADE WHEN FILLING IN THE REQUESTED FIELDS, ESPECIALLY WITH REGARDS TO THE CUSTOMER’S CONTACT DETAILS.

Shipping

EDITA DESIGN will confirm the shipment of each order by email to the address indicated by the Customer. The Customer will also receive an email when their package is delivered and/or available at the collection point.

For orders paid for by cheque or bank transfer, the shipment will only be effected after full payment of the price.

If, in the forty-eight (48) hours following the receipt of the email informing the Customer of the shipping of the order, the Customer does not receive the second email informing them of the availability of the parcel at their delivery address or at the collection point, EDITA DESIGN invites the Customer to contact its services as soon as possible at the following email address: hello@ma-louloute.com.

Despite the care taken with deliveries, EDITA DESIGN cannot be held responsible for any consequences due to a late delivery or the loss of a parcel caused by a third party or by the Customer, or in cases of force majeure or exceptional events (natural disaster, epidemic, strikes, lockout, etc.), which delay or prohibit the delivery of the goods.

Any cancellation of the order before it is shipped, for whatever reason, and accepted by the EDITA DESIGN company, will entitle the Customer to a single reimbursement of the sums paid. No compensation may be claimed relating to this cancellation.

Shipments will only be made according to availability and in the order of arrival of the orders. EDITA DESIGN is authorised to make full or partial shipments.

Processing of non-delivered parcels

These are parcels that have not been delivered to the final addressee for the following reasons: Addressees not at this address, parcel unclaimed or refused, opened or damaged during transport, for example.

Returns because addressee “Does not live at this address”

This concerns parcels returned by the service provider responsible for the delivery, under the words: “Does not live at this address”. Following receipt and acceptance of the returned parcel by EDITA DESIGN, the company will contact the Customer in order to return their order if the product is still available, or to refund the order according to the Customer’s wishes.

If so, the initial shipping costs will not be refunded to the Customer. The return shipping and processing costs will be paid by the Customer.

The EDITA DESIGN company reserves the right to refund the order and not resend the product after receiving several notifications that the addressee does not live at the mailing address.

Returns because “NOT CLAIMED”

This concerns parcels that have not been claimed by the Customer from the Post Office or collection point within the allotted time. Following receipt and acceptance of the returned parcel by EDITA DESIGN, the company will contact the Customer in order to return their order if the product is still available, or to refund the order according to the Customer’s wishes.

If so, the initial shipping costs will not be refunded to the Customer. The return shipping and processing costs will be paid by the Customer.

The EDITA DESIGN company reserves the right to refund the order and not resend the product if it is “NOT CLAIMED” on several occasions.

Returns because “REFUSED”

These are parcels refused by the Customer upon delivery. After receipt and acceptance of the parcel by EDITA DESIGN, a credit voucher will be sent to the Customer by email. The Customer may request the cancellation of the credit voucher and the refund of their order. If so, the initial shipping costs will not be refunded to the Customer.

In any case, if a parcel is returned either because the addressee is no longer at that address, or it is “UNCLAIMED” or “REFUSED”, the EDITA DESIGN company does not guarantee that it will reserve the ordered items and may instead have to give a refund for the order if the product or products are no longer available and out of stock.

Transfer of risks

The parcels travel at the Customer’s own risk from the moment they leave EDITA DESIGN’s premises. In case of damage, delays or missing items, it will be incumbent upon the Customer to perform the necessary checks and to communicate its reservations to the transport company using the delivery receipt slip alongside their dated signature. In accordance with Article L133-3 of the French Commercial Code, any product that has not been the subject of reservations notified by registered letter with acknowledgement of receipt to the transport agency, with a copy also sent to EDITA DESIGN, within three (3) days following the receipt of said product, will be deemed to have been accepted by the buyer.

Receipt of products and returns

Notwithstanding the claims made to the transport agency, any claims concerning visible defects or when the delivered products do not comply with the ordered products, particularly with respect to the order placed by the Customer, must be sent to EDITA DESIGN in writing no later than eight (8) working days from the date of receipt of the products.

The Customer must produce full evidence to substantiate any detected defects or anomalies. They must assist EDITA DESIGN in verifying the claims concerning these defects and finding the remedy for them. They will themselves abstain from intervening or involving a third-party for this purpose.

The Customer may not request any unjustified return of goods for any sale. Any product return must be the subject of a formal agreement between EDITA DESIGN and the Customer and will be made via a suitable mode of transport at the Customer’s expense.

EDITA DESIGN cannot be held responsible in the event of the Customer storing the products in conditions that are not suited to the nature of the products sold.

When, after being checked by EDITA DESIGN, a visible defect or missing item is confirmed, the Customer may claim no more than the replacement of the non-compliant product(s) or receipt of the missing item, at EDITA DESIGN’s expense. No compensation, of any kind whatsoever, may be claimed, nor any penalties, price reductions or termination of the order.

Warranty

Scope of the warranty

The products are only guaranteed against any manufacturing or material defect within the limits of the legal guarantee arising from Articles 1641 and subsequent of the French Civil Code.

The warranty will be excluded:

- In the event of the occurrence of a fortuitous event or force majeure;

- In the case of visible defects;

- For defects and damage that would result from the normal wear of the product, damage or accidents arising from neglect, a defect due to lack of supervision or maintenance, misuse of the product, failure to follow the instructions for use, due to the replacement of one of the product’s components by the Customer, or any intervention on the product that was not provided by or expressly authorised by EDITA DESIGN or the manufacturer.

Terms and procedures

EDITA DESIGN must have been previously informed of all returns by email at the address retour@ma-louloute.com or by post to the following address:

EDITA DESIGN - Service des Retours

31 rue de la Frébardière - ZI Sud-Est

35135 Chantepie

FRANCE

The Customer will explain the cited product defects to EDITA DESIGN in this email.

The return shipping costs are payable by the Customer.

Upon receipt, EDITA DESIGN will check the cited defects and, if the warranty is not applicable, the products will be returned unchanged to the Customer, or will be replaced or repaired for a sum proposed by EDITA DESIGN and accepted by the Customer.

Products under warranty will be returned to the Customer at EDITA DESIGN’s expense. Products not covered by a warranty will be returned to the Customer at the latter’s expense.

Responsibility

The offered products comply with the French legislation in force. EDITA DESIGN cannot be held responsible if the legislation of the country where the products are purchased is not respected.

EDITA DESIGN will not be held responsible for the Customer’s delay and impossibility of complying with its obligations in application of these conditions, if the delay or the impossibility is the result of a cause external to EDITA DESIGN or a case of force majeure.

In addition to this article, the other provisions under which EDITA DESIGN is held harmless also apply.

12.1 Personal data - Privacy

EDITA DESIGN, the Website’s publishing company, respects its Customers’ privacy and strictly complies with the current French laws on personal data protection.

The computerised processing of the personal data collected for the purpose of managing orders.

EDITA DESIGN will not disclose to third parties any of the information that the Customer communicates to it while placing the order. This information is confidential and will be used only for the purposes of the transaction. Accordingly, as per the French Data Protection Act of 6 January 1978, the Customer has a right of access, rectification and opposition to their personal data. All requests concerning this article must be sent by email to the following address: hello@ma-louloute.com

12.2- Cookies management policy

The user is informed that the website uses cookies in order to provide a more efficient navigation. When visiting this website, cookies (also called “trackers”) may be installed in the user’s computer device, subject to the choices and options that he or she has expressed or may express at any time.

Cookies are data stored on a user’s device and used by the website to send information to the user’s browser, allowing the browser to return information to the original website (for example, a session ID, the choice of preferred language or a date).

Cookies are used to store status information during their validity period when a browser accesses the different pages of a website or when the browser later returns to that website.

Only the issuer of a cookie can read or modify the information that it contains.

There are different types of cookies:

Session cookies that are temporary and deleted as soon as you close your browser or leave the website,
Persistent cookies that remain on your device until their lifetime expires or until you delete them using your browser’s features.

The website implements cookies in order to facilitate the user’s navigation on the Website. They are strictly necessary to place an order. They are kept for 365 days. If you do not want EDITA DESIGN to store cookies in your browser in order to measure their audience, you can click on the following link where you will find additional information:

https://tools.google.com/dlpage/gaoptout

The Website also implements cookies to measure their audience and therefore to collect anonymous statistics in order to optimise the Website’s functionalities. They are kept for 365 days.

The Website also implements Cloudflare type security cookies to secure the Website and identify threats.

12.2.1 Consent

When they do not have the exclusive purpose of allowing or facilitating communication by electronic means or when they are not strictly necessary for providing an online communication service at your request, cookies are subject to the consent of the Internet user.

This is why, during the first visit to the website, Internet users are informed by a banner that, if they decide to continue browsing or if they click on “I accept”, they consent to installing the cookies described above on their device. A cookie will be set to remember the Internet user’s choice. It should be noted that if the Internet user deletes this cookie, his or her consent will be requested again and the banner will appear again.

The Internet user can, at any time, change his or her choice by opening the cookie management banner again.

The Internet user consents to the use of these cookies by clicking on the “OK” button located on the banner appearing on the home page of the Website or by continuing his or her navigation after the banner appears

12.2.2 How to manage cookies

The Internet user has several options for deleting cookies. Most browsers are set by default and accept the installation of cookies, but Internet users have the option of choosing to accept all cookies, or to reject them systematically, or to choose which ones they accept depending on the issuer. Internet users can also set their browser to accept or reject cookies on a case-by-case basis before they are installed. Finally, Internet users can regularly delete cookies from their device via their browser.

The cookie management procedure is different for all browsers. It is described in the help menu of your browser, which allows you to find out how to change your cookie preferences.

You can disable the use of cookies by selecting the appropriate settings on your browser.

For Mozilla Firefox:

Choose the “Tools” menu then “Options”,
Click on the “Privacy” icon,
Locate the “Cookie” menu and select the options that suit you.

For Microsoft Internet Explorer:

Choose the “Tools” menu, then “Internet options”,
Click on the “Confidentiality” tab,
Select the desired level using the cursor.

For Google Chrome:

Choose the “History” menu then “Preferences” then “Privacy”,
Choose the “Tools” menu and select “History”.

For Safari:

Choose the “Safari general settings” menu, then “Security”,
Select “Refuse cookies”.

For Opera:

Choose the “Preferences” menu, then “Advanced” then “Cookies”,
Select “Never accept cookies”.

By setting a browser to refuse cookies, some features, pages or sections of the website may not be accessible, which EDITA DESIGN cannot be held responsible for.

When the Internet user objects to the installation or use of a cookie, a decline cookie is installed on his or her device. If the Internet user then deletes this decline cookie, the website will no longer be able to identify that the user has refused the use of cookies.

General provisions

Amendments and waivers. EDITA DESIGN reserves the right to modify these Terms and Conditions. EDITA DESIGN will inform the Customer of the amendments via email and invite them to agree to the changes.

Assignment. The Customer may not transfer or assign to a third party any of the information provided, the use of which is reserved for a strictly personal use.

Applicable Law. The Terms and Conditions, all the acts and operations under the same, as well as the rights and obligations of the parties hereto, will be governed and interpreted in accordance with and exclusively by French law.

Jurisdiction. EDITA DESIGN elected domicile is its head office. In the event of a dispute arising between the parties over the validity, interpretation and implementation hereof and placed/confirmed orders, the Parties agree, before taking any other approach, to try and reach an amicable agreement. To do so, a notice to resolve the dispute will be sent by registered letter with a request for acknowledgement of receipt. If this remains unsuccessful at the end of a period of fifteen (15) calendar days from the date of notification thereof, the Commercial Court of RENNES will, by express agreement, be assigned exclusive jurisdiction for all of these disputes, regardless of the place of delivery, the method of payment or even if a claim has been made against the warranty or in the event of multiple defendants.

Autonomy of the clauses of the contract. If any provision of the Terms and Conditions is deemed inapplicable under the current law, in particular due to an applicable law or regulation, the parties agree to renegotiate it in good faith, in order to preserve their present economic position as close as possible to that referred to in the title of the provision that has been rendered void. If they fail to replace this provision in a mutually acceptable and applicable manner, (i) this provision will be excluded from the Terms and Conditions, (ii) the rest of the Terms and Conditions will be interpreted as if said provision had been excluded, (iii) the rest of the Terms and Conditions will be applicable in accordance with the terms of the latter.

Entire Agreement. The Terms and Conditions represent the entirety of the agreement entered into between the Customer and EDITA DESIGN relating to the object to which said agreement refers.
Force majeure. EDITA DESIGN and any third party involved in supplying the products will not be held responsible in the event of a failure or delay in the performance of their obligations under these Terms and Conditions resulting from causes beyond their control, including but not limited to cases of force majeure, riot, insurrection, war, acts of state, strikes, lock-outs, breakdowns or power failures lasting more than twenty-four (24) hours, the breakdown of communication networks, epidemics, fire, landslides, floods, damage caused by lightning, traffic accidents, interruptions or delays in transport, the impossibility of supplies reaching EDITA DESIGN, acts of sabotage, network failures, errors in the coding of electronic files, software limitations, inability to obtain telecommunication services, or government measures, provided that the parties concerned take all reasonable measures to mitigate the effects deriving from said situations.

Basis for negotiation. The Customer and EDITA DESIGN recognise and agree that the warranty exclusions, as well as the limitations of liability and recourse appearing in the Terms are tangible, constituting the basis of the Terms and Conditions.

Intellectual Property. EDITA DESIGN remains the sole owner of the intellectual property rights attached to its products, especially the trademark “MA LOULOUTE”. No reproduction or use may be made of these rights without the written agreement of EDITA DESIGN.

Confidentiality. In the framework of relations between the parties, any information relating to the commercial policy, strategy, the company’s activity, services, tools, methods and know-how, any information protected by business secrecy and any information expressly categorised as confidential, received by one party from the other, must be kept strictly confidential. Henceforth, the parties undertake not to use this information unless strictly necessary for the proper implementation of the contract.

Last updated on 27 May 2019

General terms of sale for professionals

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