General Terms and Conditions of Sale (GTCS)
Preamble
Les présentes conditions générales de vente sont conclues entre, d’une part, La Société SARL PMW, dont le siège social est situé 17bis rue Frémicourt, 75015 Paris, inscrite au RCS de Paris sous le numéro 413 702 606, N°SIRET : 413 702 606 00075, CODE APE (ou NAF) : 3240Z, N° TVA intracommunautaire : FR 08 403702606 Ci-après dénommée "PMW". Les internautes qui souhaitent effectuer un achat sur le site Internet «puzzlemichelewilson.com» accessible à l’adresse https://puzzlemichelewilson.com.
Hereinafter referred to as "the Client". These terms govern the sale of all products presented on the PMW company's website. The parties agree that their relationship will be exclusively governed by this contract, to the exclusion of any other conditions, particularly those in effect for in-store sales. PMW reserves the right to adapt or modify these terms at any time. In the event of modification, the terms in effect on the day of the order will apply to each order. If a term is found to be lacking, it will be considered governed by the practices in effect in the distance selling sector, in accordance with French law, which will be the only applicable law.
The Client must be:
- either a natural person over 18 years of age and have full legal capacity to contract
- or an emancipated natural person under 18 years of age
Subject
These terms aim to define all the sales modalities, including ordering, payment, and delivery between PMW and the Client. These terms express the entirety of the parties' obligations.
Products and availability
- PMW offers puzzles and board games for sale.
- PMW guarantees the authenticity of the products it offers for sale. - Product offers and prices are valid as long as they are visible on the site, and until stocks are exhausted.
- PMW does not guarantee in any way the availability of products for sale for a specific period.
- PMW commits to notifying by email or phone any customer who has ordered an unavailable product.
- In no way can the Customer hold PMW liable if they have confirmed the order of an unavailable product.
- In the event of a charge for an order related to an unavailable product, PMW commits within 15 days, according to the Customer's choice, either to refund the Customer or to issue a credit note for the amount of their order.
- In the event of a stock shortage of one of the products in an order containing multiple products, PMW will ship the rest of the order.
- The products offered for sale are presented and detailed with the greatest possible accuracy.
Order and payment
The Customer who wishes to purchase one or more items on the PMW website must follow the process below:
- The Customer selects the product(s) they wish to purchase by adding the product to the cart.
- The Customer, after verifying their selection (model, quantity, price...), confirms the choice of the selected product(s) by validating their order.
The Customer must then:
- If they are already a PMW Customer: fill out the form by providing only their email address and the password communicated to them during their first order.
- If they are a new PMW Customer: fill out the form by providing their last name, first name, contact details, email address... A password is provided to the Customer once the form is filled out and validated. The Customer is free to change this password.
- The shipping costs for the order are then indicated to the Customer. They must click on the "Continue" icon to proceed with their order.
- The Customer then accesses a payment page summarizing their order. The Customer must click on the "buy now" icon and fill out the chosen secure payment form: Paypal or Crédit du Nord to finalize their order. PMW disclaims any responsibility in the event of a dispute between the Customer and the company "PayPal".
- Once the order is finalized, PMW confirms the order to the Customer by sending them a summary email.
Price
The price of the products is displayed in euros. The minimum order amount is €20 (excluding shipping costs). VAT is included in the displayed price at the applicable rate in France for the relevant products. Customs fees will be charged to the Customer upon delivery, if applicable.
Delivery
Delivery takes place, except in cases of force majeure beyond PMW's control, within an average usual timeframe of 5 days for France from the confirmation of the order and full payment. PMW disclaims any responsibility regarding the tracking of packages. Each package has a barcode that is available to the customer. They just need to request the tracking number from PMW in the contact section. Shipping costs vary depending on the choice of carrier. Products are delivered to the address provided during the ordering process. The products remain the property of PMW until full payment of the order is received.
Right to return items
In accordance with Article L221-18 of the Consumer Code, the Customer has the right of withdrawal without having to justify their decision, and can return the products received at their own expense to PMW within 14 days following the date of receipt (the postmark serving as proof). The products must be returned in their packaging and in their original condition (unopened). The customer will then be fully refunded the amount of the shipped items. Return shipping costs are the responsibility of the customer. Return address for the products: PMW Company, 97 Avenue Emile Zola, 75015 PARIS. The return of the products must be accompanied by a photocopy of the invoice. To exercise their right of withdrawal, the Customer must write within the legal timeframe by email to contact@puzzlemichelewilson.com specifying "I hereby notify my withdrawal from the contract concerning the sale of the good {name and reference of the product}, purchased/received on {purchase/receipt date}." Please provide your contact details, name, and address. You can also exercise your right of withdrawal by mail by sending us the following document.the following documentduly completed.
Legal warranties
PMW delivers a product that conforms to the order and is liable for existing conformity defects at the time of delivery. Goods purchased after March 18, 2016, benefit from a presumption of prior defects in conformity for 2 years. In the event of a conformity defect or hidden defect, the buyer chooses between repair and replacement of the product. However, the seller may not proceed according to the buyer's choice if that choice results in a manifestly disproportionate cost compared to the other option, taking into account the value of the product or the significance of the defect. The seller is then required to proceed, unless impossible, according to the option not chosen by the buyer. If repair and replacement of the product are impossible, if the defect is major, or if the chosen solution exceeds 1 month from the request, or if no means of bringing the product into conformity is possible, the buyer may return the product and receive a refund or keep the product and receive a partial refund.
A conforming product is a product that:
- is suitable for the usual expected use of that product
- corresponds to the description and has the qualities presented by the seller
- and has the characteristics provided for in the sales contract or that the consumer can legitimately expect in view of the labeling or advertising.
A hidden defect makes the product unsuitable for the intended use, or is so diminished in that use that the buyer would not have purchased it, or would have paid a lower price if they had known. The conformity guarantee is valid for 2 years from the delivery of the product. The time limit for action is 2 years from the discovery of the defect.
Personal data and privacy protection
In accordance with law no. 78-17 of January 6, 1978 "Informatics and Liberties", the Client has the right to access, rectify, and delete data concerning them recorded by PMW. The Client can contact PMW at any time and oppose the commercial use of their personal data recorded by PMW. The Client can register on the opposition list for telemarketing (https://conso.bloctel.fr). PMW is committed to not disclosing the Client's contact details and only uses their number in relation to their order. PMW does not engage in telemarketing.
Intellectual Property
All elements of the PMW website, regardless of what they are, are protected by copyright or trademarks or patents. They are the exclusive property of PMW. The reproduction of all or part of the PMW site constitutes an infringement under the Intellectual Property Code.
Disputes
In the event of a dispute, the Client cancontact a mediator.French courts will have sole jurisdiction. PMW is registered with the CM2C mediator, which the Client can contact online atwww.cm2c.netor by mail at CM2C - Center for Consumer Mediation of Justice Conciliators - 14 rue Saint Jean 75017 PARIS.