Article 1 - Terms of Sale jurisdiction and definitions
These Terms of Sale are governed by the laws of France and will be interpreted in accordance with the French courts. You can get on this page, for your reading comfort and understanding, a full translation in English of the Terms of Sale of the current website.
The below listed words define :
« Site » or « website » : the website http://www.readytosew.fr and all its pages.
« Publisher » : the legal or natural person responsible for editing and publishing content on the site.
« User » : the person visiting and using the site.
« Products » : all goods (both physical and intangible) and services that it is possible to buy or to which it is possible to subscribe to on the site.
« Customer » : the user buying a product or service on the site.
« Consumer » : as defined in the European Directive on Consumer Rights, « natural persons who are acting outside their trade, business, craft or profession »
Article 2 - Terms of Sale application and site purpose
The present Terms of Sale describe the entire agreement between and the website and the customer. They may be modified at any time by the publisher or one of its representative. The Terms of Sale applicable to the user are those in effect on the date of the connection to the site.
The following products are sold on the site : "e-commerce selling PDF sewing patterns".
The site is free to access by any Internet user. The acquisition of a product, creation of an account on the site, and in a broader sense navigation on the site implies acceptance by the user of the whole current Terms of Sale, the user thus acknowledging to have taken full knowledge and accepted the latter. For instance the collection of this acceptance can be materialized as a checkbox next to the sentence: "I have read and accepted the terms and conditions of this site". Ticking this box will be considered to have the same value as a handwritten signature from the user.
The user recognizes the value of evidence from the site automatic recording systems and, unless able to provide evidence to the contrary, will not contest this evidence in the event of a complaint.
The acceptance of these Terms of Sale implies on the part of the user that he or she does have the legal capacity necessary to do so. If the user is a minor or has not the legal capacity to enter into contracts, he or she declares having the consent of a parent or legal guardian.
Article 3 - Member account
Creating an account is a prerequisite to the placing of any order on this site. To this purpose, the member can be asked to provide a few personal information. The member agrees to provide accurate information and to notify any relevant change to the Publisher.
The registered user on the website (member) has the ability to access his or her account by logging in, using the e-mail address specified during registration and a password or using third-party social network login buttons. The user is responsible for protecting the password he or she has chosen, and is encouraged to use complex passwords. In case of forgotten password, the member can choose or generate a new one. This password is the guarantee of confidentiality of information contained in the user account, and the user will refrain from transmitting or communicating it to third parties. Otherwise, the site will not be held liable for unauthorized access to a user account.
Data collection purpose is the creation of a member account ; this account allows the customer to check all orders made on the site with the account. The site publisher can not be held responsible if the data contained in the account were to disappear as a result of a technical failure or force majeure event, this information having no probative value, but only an informative one. The account pages are freely printable by the given account holder but cannot be taken as evidence ; they only have informative value and aim to effectively help the member to manage his or her orders or contributions.
Members are free to delete their account on the site. In order to do so, the member can send a e-mail to the website stating that he or she wants to delete the account. No data recovery is possible after account deletion.
The publisher reserves the exclusive right to delete the account of any member who may have breached the Terms and Conditions of the site, including but not limited to the following cases :
the member has knowingly provided false information during his or her registration and the creation of an account
the member has been inactive on the site for at least a year
Said deletion cannot be considered harmful to the excluded member, who can not claim any compensation for this the account deletion. This deletion does not prevent the publisher to initiate legal actions or a lawsuit against the member, should the facts warrant it.
Article 4 - Order placing and purchasing process
The goods and services offered are those listed in the catalog published on the site. These products are offered subject to stock availability. Each product is listed along with a description provided by the publisher based on descriptions provided by the supplier.
The product images and information texts available reflect the product as much as possible but the publisher cannot guarantee that all pictures accurately reflect the true appearance of the products.
The "Basket" will be defined as an immaterial container with all the goods or services selected by the user for a purchase by clicking on them.
As soon as the user deems to have selected and added to the basket all the products he or she wish to buy, the user will have the possibility to access the basket by clicking on a link or button provided for this purpose, and where he or she can confirm the order. The user will then be redirected to a summary page on which the number, characteristics and unit price of the ordered products will be listed for he or she to review.
If the user wishes to confirm the order, he or she must tick the dedicated checkbox to show acceptance of these Terms of Sale and hit the submit button. The user will then be redirected to a page where he or she will fill the order form fields by entering some personal data necessary to the placing of the order.
Once the user has completed and submitted the form, he or she will be redirected to the online payment page where the user can make online payments by credit card or by bank transfers, or will access the required information to send a bank check.
An e-mail will shortly be sent to the user, confirming the order and listing its specifics and price.
Sold products remain the property of the seller until full payment of their price, in accordance to the present title retention clause.
Article 5 - Prices and payment process
The prices listed in the catalog are prices shown in Euros including taxes (TTC), and based on the applicable VAT on the day of the order.
Raphaëlle Bonamy Fromantin reserves the right to change prices at any time. However, only the price appearing in the catalog on the day of the order shall be applicable to the buyer.
The user can place order on this site and pay by credit card, paypal. The credit card payments are made through secure transactions provided by an online payment platform provider.
This site has no access to any user payments data. Payment is made directly to the bank or online payment platform provider. If the user is paying by bank check or transfer, delivery time periods defined in these Terms of Sale shall only run from the date the seller actually receives the payment, the seller having full choice of means to prove this date. Product stock availability is listed on the site, in the description of each item.
The publisher will archive purchase orders and invoices on a reliable and durable medium, as a true copy. Digital records will be considered by both parties as proof of communications, orders, payments and transactions between them.
Article 6 - Products warranty
All products purchased on this website are protected by the following legal guarantees (French Code Civil) ;
Guarantee of conformity
According to Articles L.217-4 and following of the French Code de la Consommation, the seller must deliver goods in conformity with the contract and is responsible for defects existing during product delivery. The guarantee of conformity may be exercised if a defect were to exist on product delivery, or if the defect appears within 24 months following the delivery date (6 months if the order was placed before March 18th, 2016 or the item sold is a used one).
However, after this period of 24 months (6 months if the order was placed before March 18th, 2016 or the item sold is a used one), it will be up to the customer to prove that the defect existed at the time of delivery.
Hidden defects guarantee
According to Articles 1641 to 1649 of the French Code Civil, the customer may request the exercise of a hidden defects guarantee if the considered defects do not appear at the time of delivery, predated the purchase (and therefore does not result from normal wear of the product, for example) and be serious enough (the defect must render the product unfit for the use for which it is intended, or hinder this use to such an extent that the buyer would not have bought the product or would not have purchased it at such a price if he or she had known the default).
In case of non-conformity of a product sold on the site, it can be returned to the publisher who will refund or exchange it. If a product exchange is not possible (e.g. obsolete or out of stock product) the buyer will be reimbursed by bank check for the amount of the order minus the carrier costs related the sending of the initial order.
Article 7 - Customer service
The site customer service is available by e-mail at the following address: [email protected] or through mail at this address 478 route de Lagarde paréol, 84830 Sérignan du comtat in case of which the publisher agrees to provide a response within 7 days.
Article 8 - Liability
The publisher can not be held liable for breach of contract due to a force majeure event, including but not limited to total or partial strike of postal services, carriers, or disasters caused by floods or fires. Regarding purchased products, Raphaëlle Bonamy Fromantin shall not be liable for any consequential damages because of present, trading loss, operating loss, loss of profit, damage or expense that might arise.
The choice and purchase of a product are under the sole responsibility of the customer. The total or partial inability to use such product due to incompatibility of equipment cannot lead to any compensation, reimbursement or questioning the responsibility of the publisher, except in the case of a proven hidden defect, non-compliance, damaged good, or genuine exercise of rights of withdrawal (if the customer is not a professional and withdrawal right is applicable to the contract, according to the article L.221-18 and following of the French Code de la consommation).
The user expressly agrees to use the site at his or her own risk and under his or her sole responsibility. The site provides the user with indicative information and flaws, errors, omissions, misstatements and other ambivalences may exist. In any event the publisher will no be liable for :
any direct or indirect damage, including but not limited to lost profits, revenue shortfall, loss of customers or data that may result from the use of this site or conversely the inability to use it;
any malfunction, impossibility of access, misuse, improper configuration of the user's computer, or for the use by the user of an unusual browser;
the advertisements content and other links or external sources the user may access through the site.
The photographs and visual products presented on the site have no contractual value, the responsibility of the publisher of this site can not be engaged if product specifics are different from their displays on the site, or if they are incorrect or incomplete.
Article 9 - Intellectual property rights relating to information published on this site
Unless otherwise stated, the publisher or its licensors own the intellectual property rights of the website and of material on the website.
Copying any content, including but not limited to logos, text content, pictures or videos is strictly prohibited and will be considered counterfeiting.
Any user found guilty of counterfeiting would likely see his or her account deleted without notice or compensation, this deletion not preventing the publisher or its representative to initiate legal actions or a lawsuit against the member, should the facts warrant it.
Trademarks and logos appearing on the site are deposited by the publisher or possibly by one of its partners. As such, any person proceeding to their representations, reproductions, interweavings, distribution and reruns incurs to penalties foreseen in the articles L. 713-2 and following of the French Code of the intellectual property.
All PDF sewing patterns from the website www.readytosew.fr are for home use only, and any commercial use is strictly prohibited.
Article 10 - Terms of Sale framework
If any of these terms and conditions should be declared null and void by a court, such nullity shall not extend to any other clauses, which continue to be in effect. The present Terms of Sale describe the entire agreement between the user and the website. They supersede all previous or contemporary written or oral agreements. The Terms of Sale are not assignable, transferable or sublicensable by the user himself.
A printed version of the Terms of Sale and any notice given in electronic form may be requested in judicial or administrative proceedings in connection with the terms and conditions. The parties agree that all correspondence relating to these Terms of Sale, shall be in the French language.
Article 11 - Eligible law and consumer mediation
These Terms of Sale are subject to the application of French law.
Excepting public policy provisions, any dispute that may arise regarding the execution of these Terms of Sale may be submitted to the discretion of the publisher with a view to a friendly settlement, before any legal proceedings.
It is expressly stated that the claims for friendly settlements do not suspend nor set aside the deadlines fixed for instigating legal proceedings. Unless otherwise provided by public policy provisions, any legal proceedings regarding the execution of this contract shall be subject to the jurisdiction of the Court of Appeal that has been referred to.
As required in the article L.612-1 of the French Code de la consommation, Raphaëlle Bonamy Fromantin Auto-entrepreneur guarantees that the customer can seek a free-of-charge consumer mediation for the amicable resolution of any dispute with the publisher.
Raphaëlle Bonamy Fromantin Auto-entrepreneur offers its nonprofessional customers the mediation of the following mediator :
MEDIATEUR DE LA CONSOMMATION AGREE - DEVIGNY MEDIATION
Mediation is not mandatory but only offered to allow informal resolution of disputes and avoid unnecessary litigation.
We are committed to protecting and respecting your privacy. This Policy sets out the the basis on which any personal data that we collect from you, or that you provide us with, are processed on our website.
DEFINITION OF TERMS
In the following:
‘Personal data’ means "all information about a person whose name is disclosed or data thatallow one to identify a person whether directly or indirectly, through anidentification number, or through several specific elements”, according to the definition provided in the French law (loi informatique et libertés dated January 6th, 1978)
'Website' or 'service' means the website www.readytosew.fr as well as all the all web pages it includes
'The Editor' or 'us' means Raphaëlle Bonamy fromantin, the legal entity or person responsible for the content of the website.
‘User’ or ‘you’ means the person visiting the website and making use of the service offered.
1 - Introduction and role of the confidentiality policy
The objective of this policy is to inform you of our commitment to protect your privacy and the confidentiality of all personal data we record to allow you to benefit from our service.
When you sign in on the website, you in fact commit to give us true information at all times. Recording false information directly goes against our Terms and Conditions of Use.
2 - Data recorded on our website
By using our website, and filling in our electronic forms, you are voluntarily providing personal data that will be processed by us in the manner and for the purposes described in the following.
For some of the specific services offered on our website you may even need provide information to a third party, one of our partners; when their services are specifically required for example when making a payment. We do not have any access to the payment information, this sensitive data must be processed according to its specific nature, governed by the third party’s policy in the strictest confidentiality. We encourage you to read their policy on their website before using their platform to fill in your personal data.
The website www.readytosew.fr is accessible even without providing any personal data. You are under absolutely no obligation to provide any data if you do not feel comfortable doing so. However if you were to not provide all required informations, you would not be eligible to benefit from our services fully or would not be able to access part of the information displayed on our website.
We gather, process and use aggregated data such as statistics or demographic data. These, although they are gathered from among your personal data are not directly linked to your identity and therefore are not included in the definition of personal data given by law. For example we are able to aggregate your user data to calculate what percentage of our users have accessed each page of our website. We can therefore focus our efforts and offer services that remain relevant for our users.
in order to provide the best possible services and contents, the website www.readytosew.fr uses Google Analytics. Google Analytics does not track your use of the internet outside of the boundaries of our website. Google Analytics does not access any of the personal data you have provided on the website, nor can it process these.
None of the data processed on our website are of sensitive nature.
All personal details our Users provide when signing in are kept in compliance with the effective laws and regulations (loi informatique et liberté dated January 6th, 1978). According to said law, our users have a right to access, remove, update or correct the data they have provided. To do so they may place a request using the following e-mail address : [email protected] or place a request in writing and send it to the following address: 478 route de lagarde paréol 84830 Sérignan du comtat (FRANCE).
To process the personal data of the User, it is not necessary for the Editor to make an official declaration to the French authority for the protection of personal data (Commission Nationale de l’Informatique et des Libertés - CNIL)
3 - Processing your personal data
” Mrs Raphaëlle Bonamy fromantin is responsible for processing your personal data“
4 - Purpose of personal data collection
The mandatory fields on the forms displayed on our website need to be filled with the correct, up to date information. Only then will you benefit fully from the service provided on our website.
Our website collects and processes the data provided by its users in order to provide the necessary services or the information you subscribed to, such as: To contact you about your order or some commercial commercial offers.
Our website collects and processes the data provided by its users in order to be able to contact you for a follow up on: In order to contact you for a follow up on your order or sending newsletters and commercial offers.
5 - Recipients and use of the data collected
The Data collected by us are processed for the purposes of performing the operations on the contents of the Service.Les Données collectées par nos soins sont traitées pour les besoins d’exécution des opérations sur les contenus du Service.
You may receive emails from our Service, including newsletters that you have accepted. You can ask to no longer receive these emails by contacting us at the address [email protected] or clicking the link provided for this purpose in each email that will be sent to you.
Only Raphaëlle Bonamy fromantin is the recipient of your Personal data. These are never transmitted to a third party, notwithstanding the subcontractors of Raphaëlle Bonamy fromantin. Neither Raphaëlle Bonamy fromantin nor the subcontractors make any marketing use of the personal data of the visitors and users of the Service.
We require that all third parties guarantee the security of your personal data and treat it in accordance with the law. We do not allow our third-party service providers to use your data.
6 - Legal basis for data protection
In compliance with the General Data Protection Regulation (GDPR), Raphaëlle Bonamy fromantin does not process your personal data
unless you have previously given your explicit consent ;
unless a legally enforceable agreement or contract was established between Raphaëlle Bonamy fromantin and yourselves ;
unless we need to do so to comply with our legal obligations (whether with French or European laws and regulations).
7 - Data security and confidentiality
We take the security and confidentiality of your personal data very seriously. We want to inform you that your personal data may be disclosed to comply with the applicable laws and regulations, with a decision rendered by a statutory or regulatory authority, or in any case where it is necessary for the Editor to do so to protect his own rights and interests.
We use up-to-date data storage and security techniques to protect your personal information from unauthorized access, improper use or disclosure, unauthorized modification, unlawful destruction, or accidental loss. We protect your personal data using encryption protocols.
8 - Storage of personal data: Duration
Your personal data is kept through data hosting. You can find the data hosting details in the Legal Notices of our website. We keep your personal data for only as long as reasonably necessary for the purposes for which it was collected or to comply with any applicable legal reporting or document retention requirements. We will not keep your personal data for a duration exceeding 24 months. After this time, your data will only be used for statistics and will not be processed in any other manner.
9 - Data transfer to a Third party within the EU
Raphaëlle Bonamy fromantin has involved a third party to improve the way the data you provided is processed. This third party must be a company registered in a country within the EU.
Prior to any agreement, each third party we wanted to work with has provided us with evidence showing they are able to protect the personal data they access using established protocols, thus guaranteeing they meet our standards regarding data protection. Each third party we currently work with also comply with the General Data Protection Regulation (GDPR).
10 - IT rights and freedom
Please see the following list of your rights:
Right of accessing your personal data: you have the right to request the access to all the personal data you have provided us with. When you do so, you then receive a copy of all the information you have given us. However to comply with the obligation to protect the confidentiality of such informations, Raphaëlle Bonamy fromantin will not disclose these informations before receiving first verifying your identity. We will then need a sufficient proof of ID, such as a copy or a scan of a valid ID document.
Right of correction: you can request that we amend the data provided if it is incorrect or incomplete. This right also includes any update, or suppression of incorrect or obsolete information.
Right to delete: also called in French “droit à l’oubli” in some cases you can request that we delete all information provided by you (with the exception of a legal reason for us to decline your request and preserve your data).
Right to limit data processing: in some cases you can request that we put your data processing on hold for a period of time.
Right to data portability: You have the right to request a copy of your personal data in a relevant format (such as .csv for example).
Right to object: you have the right to refuse that we process your personal data (for example you could refuse that we use your data for marketing purposes).
However you can only exercise these right in one of these two situations: if you have a legitimate reason or if you wish to keep your data from being disclosed to a third party for commercial prospection or solicitation purposes.
Please contact us if you feel you need to exercise one of the rights listed above, write a letter and send it to the following address: 478 route de lagarde paréol 84830 Sérignan du comtat (FRANCE), or contact us via e-mail at [email protected]
You do not need to pay any fee to access tour personal data (or to exercise any of the rights listed above). However we may charge you an appropriate fee if you send us a request clearly unfounded, or repetitive or obviously excessive. In that situation we will have the right to dismiss your request entirely.
Raphaëlle Bonamy fromantin, if necessary, will have the right to dismiss any improper request, whether they are excessively repetitive, systematical or simply too numerous.
We may ask you to provide us with specific informations to confirm your identity before granting you access to personal data (or to exercise any other of your rights). It is a way for us to protect your data, so the are not accidentally disclosed to a person who should not have any access to them. We may also contact you after receiving your query, simply to be able to answer it quicker.
We aim to answer all queries within a month as long as they are legitimate. We may answer your query after a period longer than a month if it requires more time and attention, or if you sent multiple or complex requests. In that case we will inform you we need more time and will keep you updated.
11 - Filing a complaint with the data protection authority
If in your opinion Raphaëlle Bonamy fromantin is not complying with the effective laws and regulations regarding your personal data, you may file a complaint with the relevant entity. In France, this entity is the CNIL, and you can place your request directly on their website, using the following link: https://www.cnil.fr/fr/plaintes/internet.
12 - Cookies policy
During your first connexion on the service www.readytosew.fr, an information about the cookies (and similar technologies) is displayed. This policy presents you dispositions taken to provide you an optimal use of our service. It explains you how to set up your system to accept or refuse the use of these cookies and similar technologies.
a) General information about the cookies on our website
“Cookies” are small files that allow us to identify your device and therefore to offer you a service tailored to your needs and interest.
The information provided via the cookies will by no means disclose your identity. They are used exclusively by us, with the sole purpose to improve the fluidity of the navigation on our website, while guiding you to a content suited to your main areas of interest. None of these informations is disclosed to a third party of any kind except when you have given Raphaëlle Bonamy fromantin your explicit consent to do so, or when disclosing these information to comply with a legal requirement, to respond to a court order or another relevant authority or agent legally authorized to receive these informations.
To shed some more light on the type of information gathered by the cookies, you may want to refer to the table describing which type of cookies we use. You can find this complementary information on the website, it includes the name of the cookies, their purpose and how long they remain on your device, just follow this link COMING SOON.
b) Define your settings for cookies
You can accept or decline cookie installation at all times.
During your first connexion on the website www.readytosew.fr, a banner containing information about the cookies (and similar technologies) at the bottom of the screen. This banner also warns you that as you carry on on Raphaëlle Bonamy fromantin’s website, whether you are opening a new page of the website or just clicking on that same page, you are in fact agreeing to the use of these cookies (and similar technologies), they will therefore be installed on your device.
Depending on the type of cookies we may need your explicit consent, or not.
c) Cookies that do not require explicit consent from the user
d) Cookies that do require explicit consent from the user
These are mainly cookies brought forward by a third party and they are ‘lasting’ as they remain installed on your device until they expire, or until you uninstall them.
e) Tools and settings of cookies
Most internet browsers’ default settings allow the installation of cookies. You are able to personalize these settings to stop the installation of all cookies, or to to allow the installation of some cookies and stop others, depending on what entity brought the cookies forward.
CAUTION:We want you to pay special attention to the fact that changing your browser’s settings to stop the installation of all cookies on your device will have a negative impact on your experience as a user of our website, and may even alter some of the features of our website. If this were to happen, Raphaëlle Bonamy fromantin would decline any responsibility in the matter, as the reason for the poor quality of your experience on our website is your refusal to install the suggested cookies or your decision to delete or block them. In these circumstances, you will not receive any compensation.
Your browser also enables you to delete cookies already installed on your device, and can notify you when new cookies are ready to be installed. These settings have no negative impact on the quality of your experience on our website but you are likely to lose an opportunity to benefit from the cookies features.
Please find below several tools at your disposal to personalize your settings. We advise you to have a close look at it.
f) Your internet browser’s settings
Each internet browser offers its users its own settings to allow you to deal with cookies. To learn how to intervene and personalize these settings, please click on the relevant link(s) and access the help section made available for your browser;
Google Chrome : https://support.google.com/chrome/answer/95647?hl=en
Internet Explorer : https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies#ie=ie-11
Mozilla Firefox : https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Opera : https://help.opera.com/en/latest/web-preferences/#cookies
For more information about the tools at your disposal to protect your data, and specifically regarding cookies, you may want to consult the following page made available by The CNIL : https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser.
g) List of cookies
You can find a detailed list of all cookies used on the website www.readytosew.fr following the link: COMING SOON.
All rights reserved - 24 December 2019