The present general terms and conditions of sale (hereinafter referred to as "GTC") are offered by CDINSKY LLC, whose registered office is located at
539 W . Commerce St #1609 Dallas, TX 75208
Phone: +1 (214) 617-1973
In the following, we will refer to :
"Site": the website https://womland.com and all its pages.
"Products": all products (materials) that you can purchase or subscribe to on the Site.
"Seller": CDINSKY LLC, a legal entity, offering its Products on the Website.
"Client": the Internet user, private individual or professional, who purchases the Product(s) on the Site.
"Consumer", as defined in the introductory article of the French Consumer Code: "any natural person who acts for purposes that are not related to his commercial, industrial, artisanal or liberal activity".
The Internet user visiting the Site and interested in the Products and Services offered by the Vendor is requested to read carefully the present GTC, to print them and/or to save them on a durable medium, before placing an order on the Site.
The Customer confirms that he/she has read the GTC and accepts them in their entirety and without reservation.
ARTICLE 1 - APPLICATION OF THE CGV AND PURPOSE OF THE SITE
The Seller reserves the right to modify the GTC at any time by publishing the new version on the Site. The GTC applicable to the Customer are those in force on the date on which the Customer places an order on the Site.
For legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site, please refer to the general conditions of use of the Site, the legal notice and the technical data sheet of this Site. This site offers online sales of clothing and fashion accessories, cosmetics, etc. ..... The site is generally accessible to all users. By purchasing a product, the customer accepts these terms and conditions in their entirety and thus confirms that he/she has fully understood them. Acceptance may consist, for example, in the case of the customer, in checking the box corresponding to the sentence "I accept the present general conditions". Acceptance of these Terms and Conditions has the same value as a handwritten signature by the Customer.
Acceptance of these GTC presupposes that the Customer has the legal capacity to execute them. If the Customer is a minor or does not have legal capacity, he/she declares that he/she is authorized by a guardian, curator or legal representative.
The Customer acknowledges the evidentiary value of the Seller's automatic recording systems and, unless he can prove otherwise, waives the right to contest them in the event of a dispute.
2 - CREATION OF A CUSTOMER ACCOUNT
The creation of a "customer account" is a prerequisite for the Customer to place any order on this site. To do so, the Customer will be asked to provide a certain amount of personal information such as his name, e-mail address, postal address and telephone number, this list not being exhaustive. Therefore, Customer agrees to provide accurate information. The customer is responsible for keeping his or her information up to date. Therefore, the customer must immediately inform the Seller in case of any change. The customer is solely responsible for the truthfulness, accuracy and adequacy of the data provided.
The Customer registered on the Site can access it by logging in using his/her credentials (e-mail address defined during registration and password) or, alternatively, by using systems such as third-party login buttons on social networks. The customer is solely responsible for protecting the password he/she chooses. We encourage the use of complex passwords. If the customer forgets their password, they can generate a new one. This password guarantees the confidentiality of the information contained in the "my account" section, the Customer must therefore refrain from transferring it or sharing it with third parties. Otherwise, the seller will not be responsible for any unauthorized access to the customer's account.
The Customer's account allows the latter to view all of his orders placed on the Site. If the data contained in the Customer Account section is lost due to a technical failure or a case of force majeure, the Seller shall not be held responsible as this information has no evidential value but is given for information purposes only. The pages of the client account can be freely printed by the client holder of the account in question, but they do not constitute proof, are only intended for information purposes and aim to ensure efficient management of orders or deposits by the client.
Each client has the right to close his account on the website. To do so, he must send an e-mail to the Seller indicating that he wishes to delete his account. The recovery of his data will then be impossible.
The Seller reserves the exclusive right to delete the account of any Customer who has violated these GTC (including, but not limited to, when the Customer has knowingly provided false information during registration and set up of his personal space) or any account that has been inactive for at least one year. The above-mentioned deletion does not constitute a damage for the customer, who cannot claim compensation for it. This exclusion does not exclude the possibility for the Vendor to take legal action against the Customer when justified by the factual circumstances.
ARTICLE 3 - METHOD OF PLACING ORDERS AND DESCRIPTION OF THE PURCHASING PROCESS
The Products offered are those listed in the catalog published on the Site. These products are offered within the limits of available stocks. Each Product is accompanied by a description determined by the Seller in accordance with the descriptions provided by the supplier.
The images of the Products in the catalog reflect a faithful image of the Products offered, but do not constitute a contractual obligation because they cannot ensure a perfect similarity with the physical Products.
The term "Shopping Cart" is understood as an immaterial object gathering all the Products selected by the Customer of the Site to be purchased by clicking on these items. In order to place an order, the Customer selects the Product(s) he wishes to order by adding them to his "Shopping Cart", the content of which may be modified at any time.
When the Customer considers that he has selected and added to the basket all the Products he wishes to buy, he will be able, in order to validate his order, to access the basket by clicking on the button provided for this purpose. He will then be redirected to a summary page where he will be informed of the number and characteristics of the Products ordered and their unit price.
If the Customer wishes to validate his/her order, he/she must check the box concerning the ratification of the present GTC and click on the validation button. The customer will then be redirected to a page where he/she will have to fill in the fields of the order form. In the latter case, he/she will have to fill in a certain amount of personal data concerning him/her, which are necessary for the proper processing of the order.
Any order placed on the Site must be duly completed and must specify this necessary information. The customer can make changes, corrections, additions or cancel the order until it is approved.
Once the customer has completed the form, they will be prompted to make payment using the payment methods listed in the payment section of these T&Cs. After a few moments, an order confirmation email will be sent to the customer, reminding him/her of the content of the order and its price.
The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.
ARTICLE 4 - PRICES AND PAYMENT TERMS
Unless otherwise stated, the prices listed in the catalog are quoted in euros, including all taxes, including VAT in force on the date of the order and excluding participation in processing and shipping costs.
The Cdinsky Web site reserves the right to modify prices at any time and to pass on, if necessary, any change in the applicable VAT rate to the price of products offered on the Web site. However, the price appearing in the catalog on the day of the order will be the only one applicable to the customer.
The Customer can place an order on this Website and can pay by credit card or via PayPal. Credit card payments are made through secure transactions provided by the online payment platform provider.
This site does not have access to the customer's payment information. Payment is made directly to the bank or payment service provider that accepts the customer's payment. The availability of products is indicated on the site, in the description of each product.
The Cdinsky site keeps order forms and invoices on a reliable and durable medium that constitutes a faithful copy. The computer registers will be treated by the parties as proof of communications, orders, payments and transactions between the parties.
ARTICLE 5 - SUPPLIES
The delivery costs will be indicated to the customer before the payment is made. The site has no geographical restrictions on delivery, orders can be shipped anywhere in the world.
In the event of delivery of the Product outside the territory of the European Union and the French overseas departments and territories, the Customer declares that he is the importer of the Product and acknowledges that, in this case, the Seller may not be able to provide him with precise information on the total amount of costs related to customs fees and formalities or import taxes applicable in the country where delivery of the Product is requested.
Unless otherwise indicated on the Site when the order is placed or in the description of the Products ordered, the Seller undertakes in any event to deliver the Products within a maximum of thirty (30) days from the date of conclusion of the contract with the Customer who is a consumer.
The Customer may refuse to accept the shipment at the time of delivery if he/she notices irregularities in the delivery (damage, missing Product compared to the delivery slip, damaged packaging, deteriorated Products, etc.); the irregularities must then be indicated by the Customer on the delivery slip in the form of handwritten reserves, bearing the Customer's signature. In order to exercise its right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and ask the carrier to recover the damaged goods. If Customer does not comply with these instructions, Customer shall not be entitled to exercise its right of rejection and Seller shall not be obligated to grant Customer's request to exercise its right of rejection.
If Customer's shipment is returned to Seller by the postal service or other postal carrier, Seller will contact Customer upon receipt of the returned shipment to ask Customer what action to take regarding the order. If the customer has mistakenly refused to accept the package, the customer may request the return of the package by first paying the shipping charges for a new shipment. Shipping charges must also be paid for orders for which shipping was offered at the time of ordering.
In the event of a delivery error or exchange (if the right of withdrawal applies, i.e. if the Customer is a Consumer and the contract concluded for the purchase of the Product allows withdrawal, in accordance with Article L.221-18 et seq. of the French Consumer Code), any product subject to exchange or return must be returned to the Seller complete and in perfect condition. Defects resulting from the Customer's clumsiness or erroneous maneuvering cannot be attributed to the Seller.
Any delay in delivery in relation to the date or time indicated to the consumer Customer at the time of the order or, in the absence of indication of date or time at the time of the order, exceeding thirty (30) days from the conclusion of the contract, may result in the cancellation of the sale at the initiative of the consumer Customer, at his written request sent by registered letter with acknowledgement of receipt, if, after having called upon the Seller to carry out the delivery, he has not fulfilled this obligation. The Customer who is a consumer shall receive a refund of the total amount paid no later than fourteen (14) days from the date of termination of the contract. This clause does not apply if the delay in delivery is due to force majeure.
ARTICLE 6 - RIGHT OF WITHDRAWAL AND WITHDRAWAL FORM
In accordance with article L.221-18 of the French Consumer Code, and if the right of withdrawal is applicable, the consumer customer has a period of fourteen (14) working days from the date of receipt of the Product of his order to withdraw. He will be required to return any Product that does not correspond to him and request an exchange or refund without penalty, except for return shipping costs, within fourteen days of receipt by the Womland site of the request for refund.
The product must be returned in perfect condition. If necessary, it must be accompanied by all its accessories. Customers who are consumers can find below a standard withdrawal form for orders placed on the Site to be sent to Womland. It is understood that the Customer will bear the cost of returning the Product in the event of withdrawal, as well as the cost of returning the Product if, due to its nature, it cannot normally be returned by mail.
In case of non-compliance with the above obligations, the Customer loses the right to withdraw from the contract and the Product will be returned at his expense.
It is recommended that the Customer make the return via a tracking solution. Otherwise, if the returned package does not reach the seller, it will not be possible to start an investigation with the post office to find it.
Refunds of payments will be made using the same method of payment chosen by the Customer in the original transaction, unless the Customer expressly agrees to the use of a different method of payment by the Seller and provided that the return does not incur any cost to the Customer.
Seller also reserves the right to defer return of payment until receipt of the Product or until Customer demonstrates that it has sent the Product, if such demonstration has not previously occurred.
In case of loss of value of the Products resulting from handling of the Products other than that necessary to ensure the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable.
In accordance with Article L221-5 of the Consumer Code, ("Hamon Law") of June 2014, the Customer who is a consumer can find below a standard withdrawal form for orders placed on the site:
(Please complete and return this form only if you wish to withdraw). a email@example.com
To be returned (return address or printed return label sent by e-mail)
I/We (*) hereby notify (*) my/our (*) withdrawal from the contract of sale of the following goods (*) :
Ordered on (*)/received on (*):
Name of customer(s) :
Address of customer(s) :
Signature of customer(s) (if this form is submitted on paper only):
ARTICLE 7 - LEGAL WARRANTY FOR HIDDEN DEFECTS
In accordance with Articles 1641 to 1649 of the French Civil Code, the Customer may request the exercise of rights to the warranty for latent defects if the defects presented were not apparent at the time of purchase, appeared prior to purchase (and therefore do not result, for example, the normal wear and tear of the Product) and are sufficiently serious (the defect must either render the Product unfit for the purpose for which it was intended, or restrict such use to such an extent that the Customer would not have purchased the Product or would not have purchased it at such a price had he known of the defect).
Complaints, requests for replacement or refund of the Product not in conformity with the contract must be submitted by mail or e-mail to the addresses indicated in the legal information of the website.
If the delivered Product does not conform to the contract, it can be returned to the Seller, who will replace it. If the replacement of the Product is not possible (obsolete Product, out of stock, etc.), the Customer will receive a refund by check or bank transfer of the amount of the order. The costs of the exchange or return procedure (in particular the costs of returning the Product) are borne by the Seller.
ARTICLE 8 - CUSTOMER SERVICE
The customer service of this site is available by e-mail at the following address: firstname.lastname@example.org or by mail at the address indicated in the legal notice.
ARTICLE 9 - LIABILITY
The seller, Cdinsky, is not responsible for the non-performance of the contract concluded due to force majeure. With respect to the Products purchased, the Seller is not liable for any consequential damages, operational losses, loss of profit, damages or expenses that may result.
The selection and purchase of the product is the sole responsibility of the customer. The total or partial impossibility to use the Products, in particular because of the incompatibility of the material, cannot give place to any compensation, refunding or questioning of the responsibility of the Salesman, except in the case of a proven hidden defect, of nonconformity, defect or exercise of the right of withdrawal, if applicable, i.e. if the Customer is not a consumer and the contract concluded for the purchase of the Product allows withdrawal, in accordance with Article L 221-18 et seq. of the Consumer Code.
The Customer expressly acknowledges that he uses the Site at his own risk and under his sole responsibility. The Site provides information to the Customer for information purposes, with the imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. Under no circumstances can the Cdinsky site be held responsible for
any direct or indirect damage, particularly with regard to loss of profits, income, customers, data, etc., which may result from the use of the Site or, on the contrary, from the impossibility of using it;
malfunction, unavailability of access, misuse, incorrect configuration of the Customer's computer or use of a browser that is not widely used by the Customer;
the content of advertisements and other links or external sources accessible to Customers from the Site.
The images and visualizations of the Products presented on the Site are not contractual and the Seller shall not be held responsible if the characteristics of the Products differ from the visualizations on the Site or if they are erroneous or incomplete.
All the elements of this Site belong to the Seller or to a third party, or are used by the Seller with the consent of their owners.
Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without limiting this enumeration, is strictly prohibited and considered as an infringement.
Any Customer who is guilty of an infringement may, at the initiative of the Vendor or his representative, delete his account without notice or compensation and without prejudice to any subsequent legal proceedings against him.
The trademarks and logos contained on the Site may be registered by the Womland site or by one of its partners. Anyone who represents, reproduces, imitates, transmits or redistributes them is liable to the penalties provided for in Articles L.713-2 et seq. of the Intellectual Property Code.
ARTICLE 11 - INDEPENDENCE OF CLAUSES
If any provision of the T&Cs is held to be illegal, invalid or otherwise unenforceable for any reason whatsoever, such provision shall be deemed to be excluded from the T&Cs and shall not affect the validity and enforceability of the remaining provisions.
These GTC supersede any prior or contemporaneous written or oral agreement. The GTC are not assignable, transferable or sub-licensable by the customer.
A printed version of the T&Cs and any notices provided in electronic form may be requested in any legal or administrative proceeding concerning the T&Cs. The Parties agree that all correspondence concerning these T&Cs shall be in the English language.
All rights reserved - November 28, 2017.