Terms of Use
Rule No. 1: Entire Agreement
These general terms and conditions express the entirety of the parties' obligations. In this regard, the consumer is deemed to have unconditionally accepted all the provisions set forth in these general terms and conditions of sale. Créa'tissus, for its part, undertakes to fulfill its role as reseller within the framework of these terms and conditions.
Rule No. 2: Purpose
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by Créa'tissus to consumers.
Rule No. 3: Contractual Documents
This contract is formed by the following contractual documents:
these general terms and conditions (including pricing conditions)
the order form.
In the event of a contradiction between the provisions contained in documents of different ranks, the provisions of the higher-ranking document shall prevail.
Rule No. 4: Entry into Force and Duration
These general terms and conditions come into force on the date the order form is signed.
These general terms and conditions are entered into for the duration necessary to provide the goods and services purchased, until the expiration of the warranties.
Rule No. 5: Order Validation and Electronic Signature (Law of March 13, 2000 on Electronic Signatures).
Any order form signed by the consumer by "double-click" constitutes irrevocable acceptance that may only be challenged in the cases specifically provided for in these general terms and conditions of sale, including pricing conditions such as "right of withdrawal" and "out of stock."
The "double-click," combined with the authentication and non-repudiation procedure and the protection of message integrity, constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.
Rule No. 6: Order Confirmation
Contractual information will be confirmed by email. Some orders may be subject to verification by our verification department. In this case, you will be notified by email of the supporting documents required to obtain final validation of your order. Créa'tissus reserves the right to cancel the order if these supporting documents are not received or if documents are deemed non-compliant.
Any order paid by check will only be processed once the payment method has been cleared and validated by the bank. Shipping times are recalculated from the date the payment method is received in your bank account.
Créa'tissus recommends that customers keep their order information on paper or on a reliable electronic medium. Customers must verify the completeness and accuracy of the information they provide to creatissusstgaudens.fr. The latter cannot be held responsible for any data entry errors that may result in delays or delivery errors. In this context, all costs incurred for reshipping will be borne by the customer.
Rule No. 7: Proof of Transaction
The computerized records, stored in Créa'tissus's computer systems under reasonable security conditions, will be considered proof of communications, orders, and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as evidence.
Rule No. 8: Product Information
8-1: Créa'tissus presents the products for sale on its website creatissusstgaudens.fr with the necessary characteristics to comply with Article L 111-1 of the French Consumer Code, which provides for the possibility for potential consumers to know the essential characteristics of the products they wish to purchase before placing a final order.
8-2: The offers presented by Créa'tissus are only valid while stocks last.
8-3: The products offered comply with European marketing standards. The photographs, texts, graphics, information, and specifications reproduced and illustrating the products presented are not contractually binding. Consequently, Créa'tissus cannot be held liable for any errors or omissions in any of these photographs, texts, graphics, information, or product specifications.
8-4: Créa'tissus cannot be held liable for non-performance of the contract due to any force majeure.
8-5: Hyperlinks may lead to websites other than the "creatissusstgaudens.fr" website. Créa'tissus disclaims all liability in the event that the content of these websites violates applicable legal and regulatory provisions.
Rule No. 9: Prices
Prices are indicated in Euros, inclusive of VAT, and are only applicable on the date the consumer sends the order confirmation.
They do not include the delivery costs indicated in our price list for the European Union (outside the European Union, a delivery quote will be provided upon ordering), which are charged as an additional fee and indicated before the final order confirmation.
Article L122-1: It is prohibited to refuse a consumer the sale of a product or the provision of a service, except for legitimate reasons, (the notion of derisory price characterizes products sold not only at a price lower than their real value, but also at a very low price. In short: if the price displayed is derisory, the Cybermerchant is entitled to cancel the sale, when it appears that the buyer is aware of the error and wants to abuse it, this particularly concerns "manifestly derisory" prices) and to make the sale of a product subject to the purchase of an imposed quantity or to the concomitant purchase of another product or another service as well as to make the provision of a service subject to that of another service or to the purchase of a product when this subordination constitutes an unfair commercial practice within the meaning of Article L. 120-1.
Full payment must be made at the time of ordering, unless otherwise specifically stated on the website. At no time may the amounts paid be considered a deposit or down payment.
Rule No. 10: Payment Method
To pay for their order, the consumer may choose from all the payment methods listed on the order form, namely: credit card, check, or bank transfer.
If paying by check, it must be issued by a bank domiciled in mainland France or Monaco. Any order paid by check or bank transfer will only be processed upon receipt and validation of the payment method by the bank. Shipping times are calculated from the date the payment method is cleared by the bank. Checks are cashed upon confirmation of the order or receipt of the check.
The consumer guarantees to Créa'tissus that they have any necessary authorizations to use the payment method chosen by them when confirming the order form.
Créa'tissus reserves the right to suspend any order processing and delivery in the event of refusal of credit card payment authorization by officially accredited organizations or in the event of non-payment.
Créa'tissus reserves the right to refuse to make a delivery or honor an order from a consumer who has not fully or partially paid for a previous order or with whom a payment dispute is currently being administered.
The consumer is advised that Créa'tissus cannot be held responsible for any embezzlement or fraudulent use of any payment method that has not been detected by the verification procedure.
Rule No. 11: Product Availability
All products that can be ordered on the website creatissusstgaudens.fr are in stock at our premises. Each item ordered is automatically deducted from stock. Consequently, orders are normally shipped within 3 to 5 days of receipt of payment by bank account.
In the event that the ordered product is unavailable due to a stock error, the customer will be informed as soon as possible and will have the option to cancel their order within 48 hours. The customer will then have the option of requesting either a refund, if applicable, of the amounts paid at the end of the withdrawal period or cancellation of the order no later than the payment date, or an exchange for a product of equivalent characteristics and price, if Créa'tissus is able to obtain it.
If an exchange is not possible, Créa'tissus reserves the right to cancel the customer's order and refund the amounts paid.
Rule No. 12: Delivery Terms
If paying by check, it must be issued by a bank domiciled in mainland France or Monaco. Any order paid by check or bank transfer will only be processed upon receipt of the payment. Shipping times are recalculated from the date of receipt of the payment.
Products are delivered to the address indicated by the customer on the order form.
The customer is responsible for verifying the completeness and accuracy of the information provided to Créa'tissus. The latter cannot be held responsible for any data entry errors that may result in delays or delivery errors. In this context, all costs incurred for reshipping the order will be entirely borne by the customer.
The customer is solely responsible for the delivery costs.
Créa'tissus cannot be held responsible for delivery delays due to errors or disruptions attributable to carriers (including total or partial strikes of postal services, means of transport, and/or communications).
The consumer is required to check the condition of the merchandise's packaging upon delivery and to report any damage caused by the carrier on the delivery slip, as well as to Créa'tissus, within two business days.
The consumer will be notified by email of the imminent shipment of their order. In the event of a delivery delay of more than three days after the date indicated in the shipping email, we suggest checking with your carrier (via the tracking number) to ensure the package is not pending delivery, and then, if applicable, notifying us of the delay by sending us an email.
We will then contact the selected carrier to initiate an investigation. A carrier investigation can last up to 21 business days from the date it is opened. If the product is found during this period, it will be immediately re-routed to your home. If, however, the product is not found after the 21 business day investigation period, the carrier will consider the package lost. Only after this period can we send you a replacement product, at our expense. If the product(s) ordered are no longer available at that time, we will refund the amount of the products affected by the carrier's loss.
In the event of non-delivery, the customer has 30 days from the date their package was shipped to contact us and initiate an investigation with the carrier services selected when ordering.
Rule No. 13: Delivery Issues Due to the Carrier
Any delivery discrepancy (damage, missing product compared to the delivery note, damaged package, broken products, etc.) must be noted on the delivery note in the form of "handwritten reservations," accompanied by the customer's signature.In the case of a shipment made by La Poste, if the package arrives open or damaged (in particular with the presence of the yellow "La Poste" tape) it is essential that the customer has the postman or the post office on which he depends draw up a "report of spoliation" (report 170) so that Créa'tissus can open an investigation and a compensation procedure. In the case of a shipment by parcel relay, if the package arrives open or damaged, it is essential that the customer has the relay point draw up a report, so that Créa'tissus can open an investigation and a compensation procedure.
Rule No. 14: Delivery Errors, Non-Conforming Products
14-1: The consumer must submit any complaint regarding delivery errors and/or non-conformity of the products, in nature or quality, with Créa'tissus within 15 days of delivery. Any complaint submitted after this deadline will be rejected without recourse.
14-2: This complaint must be submitted to Créa'tissus by sending an email via our contact form at the bottom of the website.
14-3: Any claim not made in accordance with the rules defined above and within the specified timeframe will not be considered and will release Créa'tissus from any liability towards the consumer.
14-4: Any product to be exchanged or refunded must be returned to the following address:
Créa'tissus - 1 Rue Jean Mermoz - 31800 Saint Gaudens -
within 8 business days of the claim. To be accepted, any return must be reported in advance to Créa'tissus Customer Service.
14-5: In the event of a false declaration or an abusive claim, Créa'tissus will send an email disputing and refusing a refund, with reasons. The goods will be retained and returned at the customer's expense upon request.
Failure to comply with the above procedure will result in no claims for non-conformity or apparent defects in the delivered products.
Rule No. 15: Right of Withdrawal
Créa'tissus respects the legal withdrawal period of 14 calendar days. During this period, the consumer may return, at their own expense, any products that do not suit them. This period begins the day after the consumer's order is delivered. Any returns must be notified in advance to Créa'tissus Customer Service by email at contact@creatissusstgaudens.fr.
Exceptions to the right of withdrawal: fabric and ribbon products, made-to-measure or exclusive products, PDF patterns (immediately sent upon receipt of payment).
Créa'tissus recommends that consumers return their products by Colissimo with a recommendation or additional insurance guaranteeing, where applicable, compensation for the products up to their actual market value in the event of theft or loss of the goods.
This right of withdrawal is exercised without penalty, with the exception of return costs which remain the responsibility of the consumer. The value of the returned items "Exceptions to the right of withdrawal: products cut to size, made to measure, or exclusively, PDF patterns (immediate dispatch upon receipt of payment)." will then be reimbursed by re-crediting the bank account (secure transaction) in the case of payment by credit card, or by check in other cases (Shipping costs not reimbursed). With the customer's agreement, the value of the return may be re-credited in the form of a credit to the customer's account and will be deducted from the following order(s).
If the right of withdrawal is exercised, Créa'tissus will make every effort to reimburse the consumer upon receipt of the goods. "Exceptions to the right of withdrawal: cut-to-size products, fabrics and ribbons, made to measure or exclusively, PDF patterns (immediate dispatch upon receipt of payment)."
You can exercise your right of withdrawal using this form: Withdrawal Form
Rule No. 16: Force Majeure
The following are expressly considered to be cases of force majeure or unforeseeable circumstances, in addition to those usually recognized by the case law of French courts and tribunals:
Neither party will have failed in its contractual obligations to the extent that their performance is delayed, hindered, or prevented by a unforeseeable event or force majeure.
A case of force majeure or unforeseeable circumstances shall be considered to be any irresistible, unforeseeable, unavoidable, and uncontrollable facts or circumstances beyond the control of the parties, and which cannot be prevented by the latter, despite all reasonably possible efforts.
The party affected by such circumstances shall notify the other party within ten business days of becoming aware of them.
The party affected by such circumstances shall notify the other within ten business days of becoming aware of them.
The two parties shall then meet within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which performance of the contract will continue.
If the force majeure event lasts for more than three months, these general terms and conditions may be terminated by the injured party.
Blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning;
If one or more provisions of these general terms and conditions are held to be invalid or declared as such pursuant to a law, regulation, or following a final decision of a competent court, the other provisions shall retain their full force and effect.
Rule No. 17: Partial Invalidation
If one or more provisions of these general terms and conditions are held to be invalid or declared as such pursuant to a law, regulation, or following a final decision of a competent court, the other provisions shall remain in full force and effect.
Rule No. 18: No Waiver
The failure of either party to assert a breach by the other party of one of the obligations set forth in these general terms and conditions shall not be construed, for the future, as a waiver of the obligation in question.
Rule No. 19: Applicable Law. Competent Court at the Place of Contract Formation
French law applies, without precluding the application of mandatory statutory rights granted to consumers or of more protective mandatory laws imposed by foreign courts to which a consumer in the corresponding country has applied.
In the event of a dispute, the customer is informed that they may resort to conventional mediation or any alternative dispute resolution method. The consumer is also informed of the existence of the online platform established by the European Commission, which aims to collect any complaints arising from online purchases by European consumers and then forward the cases received to the competent national mediators: http://ec.europa.eu/consumers/odr/.
In the event of a dispute or complaint, the consumer should first contact Créa'tissus to seek an amicable solution.
The consumer may bring the matter before one of the courts with territorial jurisdiction under the French Code of Civil Procedure, or the court of the place where they resided at the time the contract was entered into or the harmful event occurred.
Rule No. 20: Data Protection and Liberties
In accordance with the French Data Protection Act No. 78-17 of January 6, 1978, you have the right to access and rectify your personal data. You can exercise this right by sending us a letter to the following address: Créa' tissus; 1 Rue Jean Mermoz; 31800 Saint Gaudens, France, or by email to: contact@creatissusstgaudens.fr
Rule No. 21: Legal Notices
The website "www.creatissusstgaudens.fr" is published by the Créa'tissus store; a limited company with a capital of €23,000, registered with the Toulouse Trade and Companies Register: Toulouse RCS A 453 471 807.
For any information or questions, our Customer Service team is available by email (form at the bottom of the website) or by phone at: 0567488428.
We remind you that you can also track your order online through your account: https://creatissusstgaudens.fr/fr/connexion?back=my-account, which also gives you access to online tracking of all your orders.
Rule No. 22: Intellectual Property
All texts, comments, works, illustrations, and images reproduced on www.creatissusstgaudens.fr are protected by copyright and intellectual property law worldwide. As such, and in accordance with the provisions of the Intellectual Property Code, use of the website www.creatissusstgaudens.fr for private purposes only is authorized, subject to different or even more restrictive provisions of the Intellectual Property Code. In whole or in part, the use of the website www.creatissusstgaudens.fr is strictly prohibited. In the event of an order for a personalized product, copyright will not be transferred under any circumstances.
Rule No. 23: Product Photos and Visuals
Créa' tissus photos are taken in a studio with compliant lighting and equipment. Créa' tissus' screens are regularly checked. Créa' tissus is not responsible for the color display on users' screens, regardless of their quality.
Rule No. 24: Professional Account
Opening a Créa' tissus professional account is reserved for professionals in the sewing and craft industries. The company's primary economic activity code (APE code) is used. The account will only be validated if the following two conditions are met:
- The account opening request has been submitted using the professional account creation request form:
Professional Account Form.
- The supporting documents requested by email have been provided electronically following registration.
After verification, the company will receive a code that can be used for a period of one year, renewable upon request. This code is personal and cannot be combined with any other offer (discount code, free shipping code, referral offer, etc.) or current promotion. Failure to comply with these rules will result in the irrevocable cancellation of the order and the professional account without notice.
Rule No. 25: Legal Guarantees
The Seller's commercial guarantee does not preclude the benefit of the legal guarantee against hidden defects on the products sold and the legal guarantee against lack of conformity of the goods with the contract, in accordance with the provisions of Articles 1641 to 1648 and 2232 of the Civil Code.
Legal guarantee of conformity (see reference texts below):
When the customer relies on the legal guarantee of conformity:
The customer has a period of two years from delivery of the goods to take action: Article L217-12 of the French Consumer Code.
The customer may choose between repair or replacement of the goods, subject to certain cost conditions set out in Article L.217-9 of the French Consumer Code.
The customer is exempt from providing proof of the existence of the lack of conformity during the twenty-four months following delivery of the goods (Article L217-7 of the French Consumer Code).
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
Legal warranty against hidden defects on products sold (see reference texts below):
The customer may decide to implement the legal warranty against hidden defects in the item sold, as provided for in Article 1641 of the Civil Code. In this case, they may choose between canceling the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
Legal warranty of conformity
Article L217-4: The seller delivers 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 was their responsibility under the contract or was carried out under their responsibility.
Article L217-5: The goods conform to the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect in light of the public statements made by the seller, the producer, or its representative, particularly in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-7: Lack of conformity that appears within twenty-four months of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months.
The seller may challenge this presumption if it is incompatible with the nature of the goods or the alleged lack of conformity.
Article L217-9: In the event of a lack of conformity, the buyer may choose between repairing or replacing the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the goods or the extent of the defect. The seller is then required to proceed, unless impossible, according to the option not chosen by the buyer.
Article L217-10: If repair and replacement of the goods are impossible, the buyer may return the goods and receive a refund of the price or keep the goods and receive a partial refund.
The same option is available to the buyer:
1° If the solution requested, proposed, or agreed upon pursuant to Article L217-9 cannot be implemented within one month of the buyer's complaint;
2° Or if this solution cannot be implemented without significant inconvenience to the buyer, given the nature of the goods and the intended use.
However, the sale cannot be cancelled if the lack of conformity is minor.
Article L217-12: Actions resulting from a lack of conformity are time-barred after two years from delivery of the goods.
Article L217-16: When the buyer requests the seller, during the commercial warranty granted to him upon the acquisition or repair of a movable good, to repair the goods covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period.
This period begins from the buyer's request for intervention or from the time the goods in question are made available for repair, if this is made available after the request for intervention.
Legal Warranty for Hidden Defects in Products Sold
Article 1641 of the Civil Code: The seller is bound by the warranty against hidden defects in the item sold that render it unfit for its intended use, or that so diminish this use that the buyer would not have purchased it, or would have paid a lower price for it, had they been aware of them.
Article 1644 of the Civil Code: In the cases covered by Articles 1641 and 1643, the buyer has the option of returning the item and receiving a refund, or keeping it and receiving a partial refund.
Article 1648, paragraph 1, of the Civil Code: An action resulting from latent defects must be brought by the buyer within two years of discovering the defect.
Rule No. 26: Mediation Service
Amicable settlement of disputes between Créa' tissus and the consumer in accordance with Articles L611-1 to L641-1 and R612-1 to R616-2 of the French Consumer Code: In the event of unresolved disputes between Créa' tissus and the Consumer, the latter has one year to refer the matter to the consumer mediator. If the conditions are met, consumer mediation will take place in accordance with the applicable laws and procedures. Consumer mediation is an out-of-court settlement of consumer disputes. The procedure is free of charge for the consumer (R612-1 of the French Consumer Code). Consumers can contact the mediator at the following address:
Consumer Mediation Service:
MEDIATION – LET'S LIVE BETTER TOGETHER
465 avenue de la Libération
54000 NANCY
Email: mediation@vivons-mieux-ensemble.fr
Website: https://www.mediation-vivons-mieux-ensemble.fr