Article 1 – Entirety
These Terms and conditions express the entirety of the parties’ obligations. In this regard, the buyer is deemed to have accepted them without reservation.
These conditions of sale apply to the exclusion of all other conditions, including those applicable to sales in shops or through other distribution and marketing channels.
They are accessible on the website https://boutique-cathedrale-reims.com
and will prevail, where applicable, over any other version or any other contradictory document.
The seller and buyer agree that these terms and conditions exclusively govern their relationship. The seller reserves the right to modify its general terms from time to time. They will be applicable as soon as they appear online.
If a condition of sale were to prove erroneous, then it would be considered to be governed by the practices in force in the mail order sector whose companies are headquartered in France.
Article 2 – Content
The purpose of these terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website https://boutique-cathedrale-reims.com.
These purchases relate to the following products: Tourist, cultural, and religious products related to the Notre-Dame de Reims Cathedral.
The buyer declares to have read and understood these terms and conditions of sale and to have accepted them before their immediate purchase or the placing of their order. In this regard, they are enforceable against it in accordance with the terms of Article 1119 of the Civil Code.
Article 3 – Pre-contractual information
3.1 The buyer acknowledges having been informed, prior to placing their order and concluding the contract, in a readable and understandable manner, of these terms and conditions of sale and of all the information listed in Article L.221- 5 of the Code of consumption.
3.2 The following information is sent to the buyer in a clear and understandable manner:
- the main characteristics of the goods or services;
- the price of the good or services;
- all additional costs of transport, delivery or postage and any other possible costs;
- if the contract cannot be immediately executed, the date or the deadline at which the service provider undertakes to deliver the goods or perform the services, regardless of its price;
- information relating to the identity of the service provider, their postal, telephone and electronic contact details, and their activities, those relating to legal guarantees, the digital content features and, if applicable, its interoperability, to the existence and the terms of implementation of guarantees and other contractual conditions.
3.3 The seller provides the buyer with the following information:
- their name or corporate name, the geographic address of their establishment and, if different, that of the head office, its telephone number and its email address;
- the terms of payment, delivery, and execution of the contract, as well as the terms provided by the professional for handling complaints;
- in the event of a sale, the existence and the procedures for exercising the legal guarantee of conformity provided for in Articles L. 217-1 et seq. of the French Code de la consommation, the guarantee against hidden defects provided for in Articles 1641 et seq. of the French Civil Code, as well as, where applicable, the commercial guarantee and after-sales service respectively, referred to in Articles L. 217-15 and L. 217-17 of the French Code de la consommation;
- the duration of the contract, when it is concluded for a fixed term, or the conditions for its termination in the event of a contract of indefinite duration.
3.4 The seller indicates, with regard to the digital content:
- any relevant interoperability of this content with certain hardware or software of which the professional is, or should reasonably be aware.
Article 4 – The order
The buyer has the opportunity to place their order online, from the online catalog and using the form therein, for any product, within the limits of available stocks.
In case of unavailability of an ordered product, the buyer will be informed of this by email.
In order for the order to be validated, the buyer must accept these terms and conditions by clicking on the spot indicated. They will also have to select the address and the delivery method, and lastly confirm the means of payment.
The sale will be considered final:
- after sending to the buyer an email of confirmation of acceptance of the order by the seller;
- and after receipt by the seller of the full payment.
Any order implies the acceptance of the prices and descriptions of products available for sale. Any dispute on this point will occur in the context of a potential exchange and guarantees listed below.
In some cases, especially that of non-payment, incorrect address or any other problem on the buyer’s behalf, the seller reserves the right to block the buyer’s order until the issue is resolved.
The cancellation of the order for this Product and its possible refund will then be made, the rest of the order remaining firm and final.
For any question relating to the follow-up of an order, the buyer must call 00 33 6 76 80 98 94
Article 5 – Electronic signature
The online provision of the buyer’s credit card number and the final validation of the order will be worth:
- proof of buyer’s agreement
- payability of all sums due on the order form,
- signature and express acceptance of all operations performed.
In the event of fraudulent use of the bank card, the buyer is required, as soon as this use is noted, to contact 00 33 6 76 80 98 94
Article 6 – Confirmation of order
Confirmation of order will be sent by the seller to the buyer to the email address provided for this purpose by the latter.
Article 7 – Confirmation of transaction
The computerised registers, stored in the seller’s IT systems under reasonable conditions of safety, will be regarded as evidence of communications, orders and payments occurring between the parties.
The saving of purchase orders and invoices is made onto a reliable and durable media that can be produced as evidence.
Article 8 – Information on products
The products governed by these terms and conditions are those which feature on the seller’s website and are listed as sold and sent by the seller. They are offered within the limits of available stocks.
The products are described and presented as accurately as possible. However, if errors or omissions have occurred in this presentation, the seller cannot be held accountable for it.
The photographs of the products are not contractual.
Article 9 – Price
The seller reserves the right to change prices at any time but undertakes to apply the current rates in force listed at the time of order, subject to availability on that day.
Prices are given in euros. They do not include delivery expenses, invoiced in addition, and indicated before the validation of the order. The prices include the VAT applicable on the day of order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. The total price must be settled when ordering. At no time could paid amounts be regarded deposits or instalments.
If one or more taxes or duties, in particular environmental taxes, were to be created or modified, whether increased or decreased, this change could be reflected on the final selling price of the products.
Article 10 – Method of payment
It is an order with obligation of payment, which means that the placing of the order implies a payment by the buyer.
To pay their order, the buyer has the choice of all the payment methods made available by the seller and listed on the seller’s website. The buyer guarantees the seller that they have all the required permissions to use the chosen method of payment, while confirming the order. The seller reserves the right to suspend any order and any delivery in the event of credit card payment not being authorised by certified financial institutions or in the event of non-payment. The seller specifically reserves the right to refuse to make a delivery or to honour an order coming from a buyer who has not fully or partly paid for a previous order, or with whom a payment dispute is underway. The seller has put in place an order verification procedure to ensure that no one uses another person’s bank details without their knowledge, via a secure online bank card payment platform.
The price is paid in cash when ordering, by credit card via Monetico.
Article 11 – Product availability – Refund – Resolution
Except in the case of force majeure or during times when the online shop is closed, which will be clearly announced on the homepage of the website, delivery times will, within the limit of available stocks, be those indicated below. Delivery times run from the registration of order as indicated on the e-mail confirming the order.
For deliveries in metropolitan France, the deadline is 5 working days from the day after the buyer placed their order.
In the event of failure to comply with the agreed delivery date or deadline, the buyer must, before terminating the contract, order the seller to do so within a reasonable additional period.
In the event of failure of execution upon expiry of this new period, the buyer may freely terminate the contract.
The buyer must complete these subsequent formalities by registered letter with acknowledgment of receipt or in writing on another reliable medium.
The contract will be considered terminated upon receipt by the seller of the letter or writing informing them of this termination, unless the professional has delivered in the meantime.
The buyer may, however, immediately terminate the contract, if the dates or deadlines mentioned above constitute for them an essential condition of the contract.
In this case, when the contract is terminated, the seller is required to refund the buyer all sums paid, at the latest within 14 days of the date on which the contract was terminated.
In accordance with Article L. 242-4 of the French Code de la consommation, when the professional has not refunded the sums paid by the consumer, the sums due are automatically increased as following:
- the legal interest rate if the refund is made no later than 10 days after the expiration of the 14-day period set out above,
- 5% if the delay is between 10 and 20 days,
- 10% if the delay is between 20 and 30 days,
- 20% if the delay is between 30 and 60 days,
- 50% between 60 and 90 days,
- and five additional points for each new month of the delay up to the price of the product, then the legal interest rate.
In case of unavailability of the product ordered, the buyer will be informed a soon as possible and will have the option to cancel the order. The buyer will then have the option of asking either for a refund of the sums paid within 30 days of the payment having been made, or for the exchange of the product.
Article 12 – Terms of delivery
Delivery refers to the transfer of the physical possession to the consumer or to them having control of the property. It is only made after confirmation of payment by the seller’s banking organization.
The products ordered are delivered according to the following methods Colissimo or Chronopost
No deliveries are made to campsites, hotels, post offices, and PO boxes.
The products are only delivered to the address indicated by the buyer on the order form, the buyer should ensure accuracy. Every parcel returned to the seller because of an incorrect or incomplete delivery address will be sent back at the buyer’s expense. The buyer may, on request, have the invoice sent to the billing address and not the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a calling card in the mailbox, which will allow the buyer to pick up the parcel at the indicated place and timeframe.
If at the time of delivery, the original packaging is damaged, torn or open, the buyer should check the state of the contents. If they are damaged, the buyer must imperatively turn down the parcel and make note of the reservation on the delivery form (parcel turned down because it is opened or damaged).
The buyer must indicate on the proof of delivery and in the form of signed handwritten reservations, any anomaly concerning the delivery (damage, missing product compared to the proof of delivery, damaged package, broken product, etc.).
This verification will be considered effective once the buyer, or a person authorised by him, has signed the delivery note.
The buyer must then confirm these reservations by registered mail to the carrier within no later than two working days of receipt of the item(-s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the legal mentions of the site.
If the products need to be returned to the seller, they must be the subject of a return request by e-mail to the seller within 7 days of delivery. Any claims made after this deadline will not be accepted. Returned products will be only accepted if the products are in their original state (packaging, accessories, manuals...).
Article 13 – Delivery errors
The buyer must make a claim of delivery error and/or non-compliance of products at the latest on the first day following delivery, whether this be in kind or in quality in relation to the information provided on the order form. Any claim made beyond this period will be rejected.
The claim may be made at the buyer’s choice:
- phone number: 00 33 6 76 80 98 94
- email address: firstname.lastname@example.org
Any claim not made under the above defined rules and time limits will not be accepted and the seller will be released from any responsibility in relation to the buyer.
In the event of a delivery error or an exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by Colissimo Registered, to the following address: Association Cathédrale Notre-Dame de Reims: 3 rue Guillaume de Machault 51100 Reims
The return costs shall be borne by the seller.
Article 14 – Risk and property transfer
The ownership of the item sold is transferred to the buyer after full payment of the price by the latter. Consequently, upon payment, the transfer of ownership of the products and passing of risk of loss and deterioration relating thereto is carried out, at the buyer’s expense.
Article 15 – Product warranty
The Notre-Dame de Reims Cathedral Association, whose head office is at 3 rue Guillaume de Machault 51100 REIMS guarantees the conformity of the goods with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the French Code de la consommation or the guarantee against defects in the goods sold as per articles 1641 and following of the French Code Civil.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
- the buyer has a period of 2 years from the delivery of the goods to act;
- the buyer can choose between repair or replacement of the goods, subject to the conditions of cost provided for in Article L. 217-9 of the French Code de la consummation;
- the buyer is exempt from providing proof of the existence of the lack of conformity of the goods during the 18 months following delivery of the goods.
In addition, it is recalled that:
- the legal guarantee of conformity applies independently of the commercial guarantee indicated below;
- the buyer can decide to implement the guarantee against hidden defects of the item sold as per Article 1641 of the French Code Civil. In this case, they can opt for the termination of the sale or a reduction of the selling price in accordance with Article 1644 of the French Code Civil.
This warranty does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.
The foregoing provisions do not exclude the application of the legal guarantee of conformity of Article L. 217-4 of the French Code de la consommation and of the warranty against the defects of the item sold of Articles 1641 and following of the French Code Civil.
The buyer is expressly informed that the seller is not the producer of all the products presented as per Law No. 98-389 of May 19, 1998 relating to liability for defective products.
Article 16 – Right of withdrawal
In accordance with the provisions of the French Code de la consommation, the buyer has 14 working days from the date of delivery of their order, to return any item that does not suit them and request the exchange or refund without penalty, with the exception of the return costs, which remain the responsibility of the buyer.
However, the products must be returned in their original packaging and in perfect condition within 14 days of notification to the seller of the buyer’s decision to withdraw.
Returns are to be made in their original condition and complete (packaging, accessories, manuals...) allowing for them to be put back on the market in a new condition, along with the invoice.
Damaged, soiled or incomplete products will not be received.
The right of withdrawal can be exercised online, using the withdrawal form available on the website https://boutique-cathedrale-reims.com.
In this case, a confirmation on a reliable medium will immediately be sent to the buyer. Any other means of declaring a withdrawal is acceptable. It must be unambiguous and express the wish to withdraw.
In case of exercising the right of cancellation within the aforementioned period, the price of the product(-s) purchased and the delivery costs are refunded.
Return costs will not be refunded.
The exchange (subject to availability) or refund of products returned by the seller under the conditions provided above, will be made within 14 days of receipt by the buyer.
Article 17 – Force majeure
Any circumstances outside the parties’ control that prevent the performance of their duties under normal conditions are deemed to be grounds for releasing the parties from their obligations and entail their suspension.
The party citing the circumstances referred to above must immediately notify the other party of their onset as well as of their cessation.
All irresistible facts or circumstances that are external to the parties, unforeseeable, unavoidable, outside the parties’ control, and which cannot be prevented by them despite all reasonable efforts, shall be regarded as instances of force majeure. Explicitly, these are regarded as cases of force majeure or fortuitous occurrences, in addition to those usually retained by the decisions of case law and the French courts: the blocking of means of transport or supply provisions, earthquakes, fires, storms, floods, the lightning, the interruption of the telecommunications networks or difficulties specific to the external telecommunications networks to the customers.
The parties shall meet to examine the impact of the event and agree on the conditions for continuing the contract. If the force majeure lasts more than three months, these terms and conditions may be terminated by the injured party.
ARTICLE 18 – Intellectual property
All texts, comments, photos, brands, illustrations, and images reproduced on the Website are protected by both copyright and intellectual property rights. These elements are and remain the exclusive property of the Seller or the holder of the intellectual property rights concerned.
Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and exposes to counterfeiting pursuits.
Article 19 – Information Technology and Liberties – Personal data protection.
19.1 Personal data collection
Personal data, which is collected on the website https://boutique-cathedrale-reims.com.
(or « Platform ») are as follows:
19.1.1 Order: When user places an order, his first name, last name, email, delivery address, invoice address and phone number are collected.
19.1.2 Cookies: Cookies are used when user browsing the website. The user can disable the cookies from their browser settings.
19.2 Use of personal data
The aim of the collection of personal data from users is the provision of the services of the Platform, their improvement and to maintain a secure environment. More specifically, the uses are as follows:
- access and use of the Platform by the user;
- operational management and optimisation of the Platform;
organisation of the conditions of use of the Payment services;
- verification, identification, and authentication of the data transmitted by the user;
- implementation of user support;
- prevention and detection of fraud, malware (malicious software), and management of security incidents;
- management of possible disputes with users;
19.3 Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the user uses payment services for the implementation of these services, the Platform will be in contact with third-party banking and financial companies with which it has entered into contracts;
- if legally required, the Platform can transfer data to follow up complaints made and to comply with administrative and legal proceedings;
- if the Platform is involved in a merger, acquisition, asset transfer or insolvency proceeding, it may be required to assign or share all or part of its assets, including personal data. In this case, users would be informed before the personal data is transferred to a third party.
19.4 Security and privacy
The Platform implements organisational, technical, physical, and software digital security to protect personal data against alteration, destruction, and unauthorised access. However, it should be noted that the Internet is not a completely secure environment, and the Platform cannot guarantee the security of the transmission or storage of information on the Internet.
19.5 Implementation of users’ rights
In application of the regulations applicable to personal data, users have the following rights:
- they can exercise their right of access, to know their personal data, by writing to the following email address: email@example.com. In this case, before the implementation of this right, the Platform can ask the user for proof of their identity to confirm its accuracy;
- if the personal data held by the Platform are inaccurate, they can request the updating of the information, by writing to the following email address: firstname.lastname@example.org
- users can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following email address: email@example.com.
19.6 Development of this clause
The Platform reserves the right to, at any moment, make any changes to this clause relating to the protection of personal data. If a modification is made to this clause regarding protection of personal data, the Platform undertakes to publish the new version on its website. The Platform will also inform users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the option to delete their account.
Article 20 – Partial non-validation
If one or more provisions of these terms and conditions are held to be invalid or declared to be such under any law or regulation, or after a final ruling by a competent court, the remaining provisions will maintain their full force and scope.
Article 21 – Non-waiver
The failure of either party to claim a breach by the other party for any of these obligations in the terms and conditions shall not be construed in the future as a waiver of the obligation in question.
Article 22 – Title
In the event of difficulty of interpretation resulting from a contradiction between any of the titles of the clauses and the clauses themselves, the titles will be declared non-existent.
Article 23 – Language of the contract
These terms and conditions of sale are written in French. If they are translated into one or more languages, the French text will prevail in the event of a dispute.
Article 24 – Mediation
In the event of a dispute between the professional seller and the buyer with the status of a consumer, they will endeavor to find an amicable solution.
In the absence of an amicable agreement, the customer-consumer has the possibility to refer free of charge to the consumer mediator to which the professional belongs, namely the European Mediators Association (AME CONSO), within a period of one year from the written complaint addressed to the professional seller.
The referral to the consumer mediator must be made:
- either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com;
- or by post addressed to AME CONSO, 11 Place Dauphine – 75001 PARIS.
Article 25 – Applicable law
These terms and conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This law applies in both form and substance. In case of dispute or claim, the buyer should first contact the seller to reach an amicable solution.
Appendix 1 – Provisions relating to legal guarantees
Article L.217-4 of the French Code de la consommation:
The seller shall deliver a product that complies with the contract and will be liable for any lack of conformity existing at the time of delivery.
The seller will also be liable for any lack of compliance in packaging, assembly or installation instructions, when they have been entrusted with these under the contract or when these have been carried out under their responsibility.
Article L217-5 of the French Code de la consommation:
The product is in accordance with the contract:
1° If it is suitable for the purpose usually associated with such a product and, where applicable:
- if it matches the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the features that a buyer might reasonably expect given the public statements made by the seller, the producer or its representative, particularly through advertising and labeling;
2° Or if it has the characteristics defined by the parties by mutual agreement or is suitable for any special purpose that was sought by the buyer, made known to the seller and which the latter accepted.
Article L217-5 of the French Code de la consommation:
The action resulting from a lack of conformity shall lapse two years after the delivery of the products.
Article L217-16 of the French Code de la consommation:
When the buyer asks the seller, during the validity of the sales warranty granted to them at the time of purchase or repair of a furniture good, for a repair covered by the warranty, any downtime of at least seven days is in addition to the remaining warranty period.
This period runs from the request for intervention by the buyer or the provision for repair of the item in question, if this provision is subsequent to the request for intervention.
Article 1641 of the French Code Civil:
The seller must guarantee against hidden defects in the item sold, which render it unfit for the use for which it was intended, or which reduce its use to the point that the buyer would not have acquired it or would have paid a lower price, if he had known of its existence.
Article 1648 of the French Code Civil:
Any action resulting from latent defects must be brought by the purchaser within two years from discovery of the defect.
In the event provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller may be released from responsibility for apparent defects or lack of conformity.
Appendix 2 – Withdrawal form
For the attention of the Association Cathédrale Notre-Dame de Reims 3 rue Guillaume de Machault 51100 REIMS
I hereby notify you of my withdrawal from the contract relating to the product(-s) below:
Ordered on : ..... (complete)
Received on : ..... (complete)
Name of the consumer : ..... (to be completed)
Address of the consumer : ..... (to be completed)
Signature of the consumer ..... (in the event of notification of this form on paper)
Date : ..... (to be completed)