These terms of sale are entered into, on one hand, by Eve Mautalen residing at 60 rue Joseph Kosma, 33130 Bègles (EU VAT: FR84788706927), who manages the site triple-kiwi.com, and, on the other hand, by any individual or legal entity wishing to make a purchase via the website triple-kiwi.com, hereinafter referred to as “the buyer”.
Article 1. Object
These terms of sale aim to define the contractual relationship between Eve Mautalen and the buyer, as well as the conditions applicable to any purchase made through the website triple-kiwi.com.
The acquisition of a product through this site implies an unconditional acceptance by the buyer of these terms of sale, of which the buyer acknowledges having read prior to placing the order.
Before any transaction, the buyer declares that the purchase of products on the site triple-kiwi.com is not directly related to their professional activity and is limited to strictly personal use, and that they have full legal capacity to commit to these general terms of sale.
Eve Mautalen reserves the right to modify these terms of sale at any time to comply with new regulations or to improve the use of her site. Therefore, the applicable conditions will be those in force on the date of the buyer’s order.
Article 2. Products
The products offered are those listed on the site triple-kiwi.com. Eve Mautalen reserves the right to modify the assortment of products at any time. Each product is presented on the website with a description of its main characteristics. The photographs are as accurate as possible but are not binding on the seller.
Article 3. Prices
The prices listed in the online catalog are in Euros (€) including all taxes (VAT included) based on the VAT rate applicable on the date of the order. Any change in the VAT rate may be reflected in the price of the products.
Eve Mautalen reserves the right to change her prices at any time, but the price listed in the catalog on the day of the order will be the only one applicable to the buyer.
Article 4. Order and Payment Methods
Before placing any order, the buyer must create an account on the site triple-kiwi.com. The account creation section is directly accessible from the top menu bar or on the payment page.
Each time the buyer visits, if they wish to place an order or consult their account (order status, profile, etc.), they must log in using this information. Eve Mautalen offers the buyer the ability to order and pay for products in several stages, with 2 payment options:
– Secure payment by credit card (via Stripe)
– Secure payment by PayPal
– Payment by Google Pay or Apple Pay
The buyer selects the products they wish to order in the “cart” and modifies them if necessary (quantities, references, etc.).
The next step invites the buyer to verify all information, read and accept the general terms of sale by checking the corresponding box, and then validate the order by clicking the “Confirm my order” button.
Then, the buyer chooses the preferred payment method.
If the buyer chooses to pay by credit card, they need to fill in the required fields.
If the payment chosen is PayPal, Google Pay, or Apple Pay, the buyer is redirected to the corresponding secure interface to enter account references securely. If the payment is accepted, the order is recorded and the contract is definitively formed.
The confirmation of an order entails acceptance of these terms of sale, acknowledgment of perfect knowledge thereof, and waiver of reliance on the buyer’s own terms of purchase.
All the data provided and the recorded confirmation will serve as proof of the transaction.
Eve Mautalen will communicate by email the confirmation of the order registration with the corresponding attached files.
If the buyer wishes to contact Eve Mautalen, they can do so by email at the following address: info@triple-kiwi.com
Article 5. Retention of Ownership
Eve Mautalen retains full and complete ownership of the products sold until the price, including principal, fees, and taxes, is fully collected.
Article 6. Withdrawal
In accordance with Article L 121-20-2 of the Consumer Code, this right of withdrawal cannot be exercised for intangible products (patterns and booklets purchased in PDF format).
Article 7. Guarantee
Eve Mautalen is bound by the legal guarantee of conformity mentioned in Articles L. 211-4 to L. 211-13 of the Consumer Code and the guarantee against hidden defects of the sold item under the conditions provided in Articles 1641 to 1648 and 2232 of the Civil Code.
Article 1641 c.civ: “The seller is bound to a guarantee against hidden defects of the item sold that render it unfit for the use for which it was intended, or that so diminish this use that the buyer would not have acquired it or would have paid a lower price if they had known about them.”
Article 1648-1 c.civ: “The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.”
Article L.211-4 of the Consumer Code: “The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when this has been agreed upon in the contract or carried out under their responsibility.”
Article L.211-5 of the Consumer Code: “To conform to the contract, the goods must:
1° Be suitable for the purpose usually expected of similar goods and, where applicable:
– correspond to the description given by the seller and possess the qualities presented to the buyer in the form of a sample or model;
– present the qualities that a buyer can legitimately expect based on public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller’s knowledge and accepted.”
Article L.211-12 of the Consumer Code: “The action resulting from lack of conformity is prescribed by two years from the delivery of the goods.”
Article 8. Responsibility
Eve Mautalen, in the process of distance selling, is only bound by an obligation of means. Her responsibility cannot be engaged for any damage resulting from the use of the Internet network, such as loss of data, intrusion, virus, service interruption, or other unintended problems.
In some countries, the laws in force prohibit or restrict free access to certain intellectual works; the customer undertakes to verify that, according to the law of the place of their order, there are no such prohibitions or restrictions concerning the digital files ordered. Eve Mautalen’s responsibility regarding digital content books cannot be engaged due to the illicit nature of the order, the downloading of the ordered digital files, and the use made by the customer.
Article 9. Mediation
Article L612-6 of the Consumer Code, resulting from Ordinance n° 2015-1033 of August 20, 2015, establishes a right to mediation.
ATLANTIQUE MÉDIATION CONSOMMATION, Headquarters: 5, mail du Front populaire 44200 NANTES
Contact: +33 2 40 84 10 24 / consommation@atlantique-mediation.org
Article 10. Dispute Resolution
These terms of distance sales are subject to French law. In case of dispute, only French courts will be competent.