Terms and conditions

Last updated: Monday July 29, 2024

The company Iellahrun , registered with the RCS of Melun under number 987 842 325 00019 and whose head office is located at 37 rue grande 77760 AMPONVILLE. Iellahrun has a manufacturing activity of various stationery items .

ARTICLE 1: OBJECT 

The purpose of these General Conditions of Sale ( GCS ) is to determine the conditions under which the Company sells its products to customers who purchase or subscribe to them.

The Company reserves the right to modify or adapt these General Terms and Conditions at any time. The applicable version of the General Terms and Conditions is that given to the Customer by the Company at the time of purchase of the Products or Services.

The Customer declares to have read these General Terms and Conditions and to have accepted them without reservation before placing the order.

ARTICLE 2 - PRE-CONTRACTUAL INFORMATION

In accordance with article L.111-1 of the Consumer Code, the Company communicates to the consumer, in a readable and understandable manner, all the essential characteristics of the Products in the description of each product in its presentation.

ARTICLE 3 - PRICE 

The Products are sold at the prices in effect when the order is placed.

These are expressed in euros by default and all taxes included.  

The Company reserves the right to modify its prices at any time, the Product remains invoiced on the basis of the price in force at the time of the order or signature of the contract, subject to the availability of the product.

Delivery costs are not included.

In the event of delivery outside mainland France, customs duties or local taxes may be payable to the Customer.

ARTICLE 4 - ORDER AND PAYMENT TERMS 

The order is made via the website .

Payment is made by Paypal.

ARTICLE 5 - BILLING 

Each order is subject to an invoice which is sent by email by the Company to the Customer.

Each invoice must be paid directly when the order is placed, except in cases specified by the Company.

The Company remains the owner of the Products sold until full payment of the price and the Customer undertakes, as long as ownership is not transferred to it, to take all necessary precautions for the proper conservation of the Products.

ARTICLE 6 - LATE PAYMENT

In the event of total or partial late payment of the amount indicated on the invoice sent by the Company, the Professional Customer is exposed to a late payment penalty of an amount equal to 3 times the legal interest rate in force at time of delivery of the Products.

This penalty runs from the due date of the price without any prior notice being necessary. 

To this late penalty is added a fixed compensation of 40 euros for recovery costs, in application of articles L.441-10 and D.441-5 of the Commercial Code for the professional customer.

ARTICLE 7 - DELIVERY 

The Company undertakes to provide a Product that complies with the legal and contractual requirements in force.

Delivery of the Products is made by La Poste .

The Company undertakes to deliver the Product within 3 to 5 working days from its order or signature of the contract.

ARTICLE 8 - RESOLUTION CLAUSE / TERMINATION 

The sale may be canceled automatically and give rise to the right to damages for the benefit of the Company if the buyer does not pay all sums due within 15 days from the sending of a formal notice to pay. 

The Services may also be terminated by the Client and/or the Company in the event of non-performance by one or the other of one or more of its obligations. In this case, the Client or the Company sends the other a registered letter with acknowledgment of receipt putting it on notice to fulfill its obligation.

If, within 30 days following the sending of a formal notice sent by registered letter with acknowledgment of receipt, the obligation has not been fulfilled, the Services may be terminated.

ARTICLE 9 - LIABILITY 

The Customer is solely responsible for his use of the Products.

ARTICLE 10 - GUARANTEES

All Products benefit from the legal guarantee of conformity provided for in articles L.217-4 et seq. of the Consumer Code and the guarantee against

hidden defects enshrined in articles 1641 et seq. of the Civil Code. These guarantees notably allow the Customer to return defective or non-compliant Products delivered to the Company.

A. Legal guarantee of conformity

• Art. L.217-4 of the Consumer Code :

The property complies with the contract if it meets, where applicable, the following criteria:

1. Corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract
2. Is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;
3. Is delivered with all accessories and installation instructions, to be supplied in accordance with the contract;
4. Is updated in accordance with the contract.

• Art. L.217-5 of the Consumer Code :

In addition to the contract compliance criteria, the property is compliant if it meets the following criteria:

1. Is suitable for the use usually expected of goods of the same type, taking into account, where applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned:
2. Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
3. Where applicable, the digital elements it contains are provided according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise
4. Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
5. Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;
6. Corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the good as well than public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling.

However, the seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:

1. That he did not know them and was not legitimately in a position to know them;
2. That at the time of the conclusion of the contract, the public declarations had been corrected under conditions comparable to the initial declarations; Or
3. That public statements could not have influenced the purchasing decision.

 The consumer cannot contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he was specifically informed that they deviated from the conformity criteria set out in this article, a deviation to which he expressly and separately consented when of the conclusion of the contract.

B. Legal guarantee against hidden defects

• Art. 1641 of the Civil Code :

“The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or He would have given only a lower price if he had known about them. »

• Art. 1648 al 1 of the Civil Code :

“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »

Please note that under the legal guarantee of conformity,

the customer : 

• Benefits from a period of 2 years from the delivery of the goods to take action against the Company; 
• Can choose between repairing or replacing the goods by making the goods available to the Company;
• Is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods. 
• The legal guarantee of conformity applies independently of the commercial guarantee which may potentially cover your property. It is recalled that the Customer can decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the civil code and that in this case, he can choose between the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

VS . Implementation

In the event of delivery to the Customer of a Product that does not conform to the order or reveals a hidden defect, the Customer must return the Product to the Company by post to the address: 

IELLAHRUN - EI 

37 rue grande 

77760, AMPONVILLE, FRANCE 

The Customer contacts the Company's customer service by email at the address: hello@creativella.fr .

Any complaint must be made within 10 working days from the date of payment in order to formulate any complaint relating to its return.

The Customer may ask the Company:

• The exchange with an identical Product or one of equivalent quality and price while stocks last,

• Or reimbursement of the price of the Product and any initial and return delivery costs.

ARTICLE 11 - PERSONAL DATA 

The Company may collect personal data from the Customer.

In accordance with the Data Protection Act of January 6, 1978 and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (known as GDPR), the Customer has a right of access, rectification and opposition to personal data concerning him. All they need to do is write by email to the following address: hello@creativella.fr , indicating their name, first name, email and address and specify the subject of their request.

In addition, the Company undertakes to comply with the rules in force, in particular the GDPR regulation, in the processing of the Customer's personal data.

ARTICLE 12 - FORCE MAJEURE 

The Company cannot be held responsible for the non-performance of its contractual obligations under the conditions provided for by these General Terms and Conditions in the event of the occurrence of a fortuitous event or a case of force majeure as defined by the Article 1218 of the Civil Code. 
In addition to fortuitous events defined by the jurisprudence of the French courts, any situation where the execution of contractual obligations is delayed or prevented, in particular but not limited to social conflicts, interventions by authorities, natural disasters, epidemics, fires, water damage, interruption of the electrical or telecommunications network, administrative decisions, are considered as fortuitous events or cases of force majeure beyond the control of the Company and its liability cannot be engaged. 

ARTICLE 13 - WITHDRAWAL

Apart from the exceptional cases of article L. 221-28 of the Consumer Code and when the Customer is a consumer, he has a period of fourteen (14) days from the actual delivery of the products or the performance of the service to exercise your legal right of withdrawal from the Company, without reason and without payment of penalties.

Withdrawal must be made by registered letter with acknowledgment of receipt, sent to the Company.

After receipt of the withdrawal notification, the Customer must return the products in their original packaging and in perfect condition, if the contract concerns a delivery

Goods. All damaged or incomplete products cannot be returned.

It is specified that return costs are the responsibility of the Customer. 

The company will reimburse you, using the same original means of payment, within 10 days of receipt of the Products in due form or receipt of notification.

ARTICLE 14 - APPLICABLE LAW AND COMPETENT JURISDICTION 

These General Terms and Conditions are governed by French law. 

All disputes to which the purchase and sale operations concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which would not have could be resolved amicably between the Company and the Customer, will be submitted to the courts of the city of the Company's principal establishment under the conditions of common law.

In accordance with articles L612-1 and R612-1 et seq. of the Consumer Code, the Customer is informed that he can resort to conventional mediation free of charge for any dispute that may arise during the execution of this contract.