General terms of sale

General Terms and Conditions of Sales for Consumers

Edita Design

Single-shareholder limited liability company with a capital of 10,000 euros
Head office: 31 rue de la Frébardière - ZI Sud-Est- 35135 Chantepie - France
RCS RENNES 821 784 873

Article 1        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 - 35135 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.

These General Terms and Conditions of Sales (hereinafter the “Terms”) apply to the all the products sold and services supplied by the Website. Every sale made by EDITA DESIGN 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.

The purpose of these Terms and Conditions is to govern the contractual relations between the EDITA DESIGN company described above and the Customer defined below as being the user of the Website and the services derived from the same. By purchasing the products online, by using the services offered, the Customer declares that they are using the Website in agreement with the applicable law 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: Edita Rebours (Managing Director of EDITA DESIGN)

Article 2        Definitions

Customer: Refers to (i) any natural person who is acting for purposes that do not fall within the framework of its commercial, industrial, craft, liberal or agricultural profession or activity or (ii) any legal person who is not acting for professional purposes and who purchases one or more products on EDITA DESIGN’s website. The Customer declares that he or she has the legal capacity to enter into a contract.

Professional: Refers to any physical or legal person, public or private, who acts for purposes that fall within the framework of its commercial, industrial, craft, liberal or agricultural profession or activity, including when it is acting for and on behalf of another professional who acquires one or more products on the EDITA DESIGN website.

Note: Any Professional wishing to buy or distribute products for the EDITA DESIGN company under the terms and conditions reserved for professionals may 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.

On the Website:

1. Contractual information is presented in French, English or Spanish. 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. EDITA DESIGN reserves the right to cancel any order from a Customer with whom a payment dispute exists, without the latter being entitled to claim compensation of any kind whatsoever.

2. The Customer’s confirmation of their order 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 the Customer. The data registered by the payment system constitutes the proof of financial transactions.

The customer can place his or her order for Products or sign up for a subscription via the website. 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.

4.1 Customer identification

Via the website, the Customer interested in an item appearing on the Website will follow the steps below in order to place their order. 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.

4.2 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.

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.

4.3 - Conclusion of the order - double click

4.3.1- In the context of occasional purchase orders for products (excluding subscriptions)

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.

4.3.2 - Signing up for a Subscription

The Customer may sign up for a Subscription with EDITA DESIGN for an indefinite period of at least one (1) month. You can cancel your subscription at any time from the “MY ACCOUNT” tab, then from the “Subscriptions” tab. Any changes, or cancellations, must be made at least 15 days before the end of the current subscription period or before the next shipment date.

As part of signing up for this Subscription, the sales contract (successive sales) is validly formed when, once his or her email address and password have been entered, the Customer has selected the Products he or she wishes to receive every month, every two months or every three months (first click), has been able to read and accept EDITA DESIGN’s General Terms and Conditions of Sales, to check the content of his or her order

(The Products concerned by the Subscription and the price), corrected any errors and 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.

4.4 - 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 sustainable 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.

4.5- How the Subscription works and modification of its terms

The Customer may decide to cancel his or her Subscription at any time from the “MY ACCOUNT” tab and then from the “Subscriptions” tab. To be taken into account before the start of the next period, the Customer must notify his or her decision 15 days before the end of the current period.

For any changes made after this period, the contract will remain in effect and the cancellation will only be effective for the following period.

To modify the terms of his or her Subscription, the Customer suspends the current Subscription according to the procedure described above and concludes a new Subscription.

4.6- Proof of transaction

The data recorded by EDITA DESIGN and stored in the EDITA DESIGN company’s computer system under reasonable security conditions will be considered as proof of communications, orders and payments made between the Parties. Each order is deemed to be placed by the Customer for and on their own behalf. The Customer expressly acknowledges that the archiving of purchase orders and invoices is carried out on a reliable and durable medium and can be presented as evidence.

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 three (3) 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.

1. Prices:

1.1       The prices of the products sold on the Website are indicated in euros, all taxes included and do 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 fees 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.

2. Payment

2.1- Payment of occasional purchases

Payment of the full price of the order must be made at the time of ordering. The receipt of payment by EDITA DESIGN triggers the preparation of the order and its shipment.

Any payment made by the Customer before delivery is not considered as a down payment or a deposit.

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 customer expressly acknowledges that the communication of his or her credit card number to EDITA DESIGN constitutes authorisation to debit his or her account up to the total amount corresponding to the Products ordered. The amount of the order will be debited when the order is shipped.

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 services and 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.

2.2- Payment for Subscriptions

When signing up for the Subscription (monthly, bi-monthly or quarterly shipment) and except in the event of termination, payment is made by direct debit at the beginning of each selected period from the date of order confirmation (Article 4.3.2).

In the event of a change in his or her bank details, the Customer shall immediately inform EDITA DESIGN by following the procedure described on the Website.

2.2.1 - the Customer guarantees to EDITA DESIGN that he or she has the necessary authorisations to proceed with payment when validating the order of Products or signing up for the Subscription. The Customer ensures throughout the Subscription that the payment method indicated during the validation of his or her order remains valid.

EDITA DESIGN reserves the right to suspend any order management and any delivery in the event of refusal of payment authorisation by officially accredited organisations or in the event of non-payment.

The EDITA DESIGN company reserves the right to refuse to make a delivery or to honour an Order emanating from a Customer who has failed to pay in full or in part for a previous Order or with whom there is a payment dispute pending resolution.

2.3. Late and nonpayment

Any amount not paid by the due date will incur, without notice, interest at the legal rate.

EDITA DESIGN reserves the right, when the agreed price is not paid by the due date, to terminate the order by simple registered letter with acknowledgement of receipt.

2.4. 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.

1. 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.

2. 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.

3. 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.

1. 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.

1. 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.

1. 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.

4. Transfer of risks

The risks of loss or damage of the products are transferred to the Customer when the Customer, or a third party they have designated, takes physical possession of the ordered product.

The content and condition of the parcel are deemed to have been accepted by the Customer upon signature of the delivery slip. In case of doubt, clear and precise reservations can be indicated on the delivery slip in the presence of the deliveryman, before signing.

The signing of the delivery slip entails the transfer of the risks associated with the ordered product to the Customer, as well as the ownership of the ordered product and the associated risks. Please note that ownership of the ordered product will only be transferred on the date when the sale price is received in full by EDITA DESIGN.

1. Right to cancel

By virtue of Article L221-23 of the French Consumer Code, the Customer has a right of retraction of fourteen (14) days from the date of receipt of their order in order to cancel it, without justification or indemnity. If the deadline expires on a Saturday, Sunday or a bank holiday, it will be extended to the first working day after the expiry date.

In this period, the Customer may return their entire order accompanied by the invoice and an accompanying letter, by registered delivery with acknowledgement of receipt.

Any return must have been previously reported to EDITA DESIGN by email at the address hello@ma-louloute.com and then by registered mail with acknowledgement of receipt to the following address:

EDITA DESIGN - Service des Retours

31 rue de la Frébardière - ZI Sud-Est

35135 Chantepie

France

Only products in new condition, complete (notices, labels, accessories) and in their original packaging in a perfect state for resale, will be accepted,

1. Costs and risks of return

The return costs are the Customer’s exclusive responsibility. Similarly, risks during the transport of the returned products are the Customer’s responsibility.

1. Refund

The person whose name appears on the invoice will be informed of the refund of the order, including initial shipping costs, once said order has been cancelled and the products returned, within a maximum period of thirty (30) days following the receipt of the returned products and the checking of all of the products by EDITA DESIGN. In accordance with the second subparagraph of Article L221-24 of the French Consumer Code, the refund may be deferred until the actual receipt of the product by EDITA DESIGN, or until the Customer provides proof of shipment of the products by any means that irrefutably proves that the products have been sent to EDITA DESIGN (postal stamp for example).

The refund will be made using the same payment method used by the Customer when placing their order, or by giving them a credit slip.

2. Warranties

1. Scope of the Warranties

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.

1. Terms and procedures

Any return must have been previously reported to EDITA DESIGN by email to the address retour@ma-louloute.com or by registered mail with acknowledgement of receipt to the address below:

EDITA DESIGN - Service des Retours

31 rue de la Frébardière - ZI Sud-Est

35135 Chantepie

France

EDITA DESIGN will then send the Customer a return slip free-of-charge. The products must be returned within fifteen (15) days following the issuance of the return voucher. The Customer must keep the proof of shipment of the product.

EDITA DESIGN will keep the Customer informed of the receipt of the products and the subsequent processing of their order.

Products under warranty will be returned to the Customer at EDITA DESIGN’s expense. If it turns out that one of the warranties does not apply, the products will be returned to the Customer at the latter’s expense.

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.

10.1 - 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

10.2- 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.

10.2.1 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

10.2.2 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:

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

For Microsoft Internet Explorer:

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

For Google Chrome:

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

For Safari:

1. Choose the “Safari general settings” menu, then “Security”,
2. 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.

11.1 Updates. This policy may be amended or modified at any time in the event of legal or jurisprudential changes, decisions and recommendations of the CNIL or practices.

EDITA DESIGN reserves the right to modify these Terms and Conditions. EDITA DESIGN will inform all Customers and contacts of any changes by any means chosen by EDITA DESIGN, including email (distribution by email or online for example).

11.2. 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.

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

11.4. Settlement of Disputes. In the event of a dispute arising between the parties over the validity, interpretation and/or implementation of placed/confirmed Orders, the Parties agree, before taking any other approach, to try and reach an amicable agreement. In order to do this, the Customer must first contact EDITA DESIGN’s Customer service (by sending an email to hello@ma-louloute.com or by registered mail with acknowledgement of receipt to the address EDITA DESIGN, 31 Rue de la Frébardière - ZI Sud-Est - 35135 Chantepie - France). It is hereby specified that the amicable settlement phase does not interrupt the limitation period.

If the attempt to reach an amicable settlement fails, the Customer may submit the dispute to a mediator, who will attempt, in full independence and impartiality, to bring the parties together with a view to reaching an amicable solution. In any event, the parties to the contract remain free to accept or refuse recourse to mediation and also to accept or refuse, in the event of recourse to mediation, the solution proposed by the mediator.

11.5. 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.

11.6. 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.

1.7. Force majeure. EDITA DESIGN and any third party involved in supplying the service or 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, riots, insurrections, war, acts of state, strikes, lockouts, 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.

11.8. 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.

11.9. 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.

Last updated on 17 May 2019