Terms of Sales

Date of last update: 12/12/2023

 

Article 1 – LEGAL NOTICES

This site, accessible at the URL yela-store.com (the “ Site ”), is published by:

Yela Store, SAS with capital of 1,000 euros, registered with the Paris RCS under number 951 612 712 , whose head office is located at 53 rue de l'échiquier, 75010, Paris , represented by Yasmine Bennouna duly authorized. The Operator's individual VAT number is: FR11951612712 .

(Hereinafter referred to as the “ Seller ”).

 

 The Site is hosted by the company Ligne Web Services (LWS), located at 10 rue penthièvre 75008 Paris, (telephone: 01 77 62 30 03).

The Site's Publication Director is Nicolas Depredurand.

 

The Seller's Customer Service can be contacted:

• By telephone: +33 6 81 21 76 19 Monday to Friday (9 a.m. to 6 p.m.)

• By email to contact@yela-store.com.

 

Article 2 – SCOPE OF APPLICATION

These general conditions of sale (the “ CGV ”) apply exclusively to the sale of products marketed by the Seller on the Site (the “ Products ”) to any buyer who is a consumer and has created an account (the “Products”). Customer ").

The General Terms and Conditions provide in particular the conditions of purchase, payment and delivery of the Products ordered by the Customer. The Customer can refer to the description of each Product appearing on the Site in order to know the characteristics of the latter.

Placing an order for Products on the Site implies, on the part of the Customer, prior acceptance without restriction or reservation of the General Terms and Conditions, of which the Customer declares having read.

The General Terms and Conditions are made available to Customers on the Site where they can be directly consulted and can also be communicated to them on simple request by any means.

The General Conditions of Sale are applicable notwithstanding any contrary stipulation appearing in all documents emanating from the Customer, and in particular in its general conditions of purchase.

The General Conditions of Sale are applicable subject to any contrary stipulation appearing on the order form or to special conditions, where applicable, concluded between the Seller and the Customer concerned.

The Seller reserves the right to modify its General Terms and Conditions at any time. In the event of modification of the General Conditions of Sale, the applicable General Conditions of Sale are those in force on the date of the order, a copy of which dated to date can be provided to the Customer upon request.

 

Article 3 – PRODUCTS AND AVAILABILITY

The price and essential characteristics of each Product are described in a technical sheet appearing on the Site and published, as the case may be, by the Seller or its suppliers. This technical sheet may include descriptions, photographs and graphics which are provided for illustrative purposes only and may be modified/updated on the Site by the Seller.

The Products offered comply with French legislation and European CE standards in force at the time the order is placed.

Product and price offers are valid as long as they are visible on the Site, within the limits of stocks available from the Seller and its suppliers, except in the case of special operations whose validity period is specified on the Site.

The fact for the Seller to present Products on the Site does not constitute a marketing obligation, particularly in the event of out of stock, unavailability of the Products or impossibility of marketing said Products, whether it whatever the reason.

Information on the availability of Products is communicated to the Customer at the time of placing an order for purely indicative purposes (subject to any stock error, simultaneous order or product deterioration).

In the event that one or more Product(s) are unavailable following the placing of an order, the Seller will inform the Customer in writing of the waiting period for receipt of the product temporarily. unavailable. In this hypothesis:

• the Seller may, with the Customer's agreement, offer at the same price a product of an identical nature to that initially ordered;

• the Customer will have the choice to wait for the availability of the missing Product(s) in order to receive their entire order in a single shipment;

• the Customer may completely cancel the order; Or

• the Customer may cancel the order for unavailable Products and thus receive the other Products included in the order.

Apart from reimbursement of the price of the unavailable Product, the Seller is not liable for any cancellation compensation.

 

Article 4 – REGISTRATION CONDITIONS

Any Customer wishing to fully benefit from the Site and purchase Products must create their personal space on the Site by filling in the different fields of the account creation form (last name, first name, email address, etc.).

Access to the Site is possible from a computer, smartphone or tablet by connecting to the Site.

Use of the Site requires a broadband internet connection and mobile internet where applicable.

Customers are responsible for setting up the IT and telecommunications resources allowing access to the Site.

When creating an email account, the Customer is asked to choose a password, which guarantees the confidentiality of the information that will be contained in his account.

For the purposes of validating the registration, the Seller sends the Customer a registration confirmation email to the email address provided by the latter.

Each Client guarantees the sincerity and accuracy of the information provided for the purposes of their registration, undertakes to notify them of any subsequent modifications and guarantees that said information does not infringe the rights of third parties.

The Customer can modify this information, identifiers and password from his account on the Site.

The Customer undertakes not to disclose or transfer his account, identifiers and passwords and is solely responsible for their use until their deactivation. He must immediately inform the Seller of any loss or unauthorized use of his account.

The Seller reserves the right to delete the account of any Customer who provides incorrect information.

 

Article 5 – ORDERS

 Any Customer wishing to purchase Products online on the Site must:

• log in to your Customer account;

• select the Products he wishes to subscribe to in his basket of Products;

• complete the different fields of the Customer order form;

• confirm its acceptance of the order for the Products;

• choose your payment method;

• make payment for the Products.

Validation of the order entails acceptance of the General Terms and Conditions and forms the contract between the Seller and the Customer.

Unless expressly provided on the Site, the Customer will not be able to modify his order after having validated it, which will be firm and final.

Upon receipt of payment for the Products included in the order, the Seller will send the Customer an email confirming their order to the email address provided by the latter.

The order confirmation email summarizes the essential characteristics of the Product(s) ordered, the total price, and any other relevant element. This email will also indicate a tracking number for the Customer's order.

By placing an order on the Site, the Customer expressly accepts that the Seller sends him an invoice electronically.

To combat fraud, the Seller or its payment or delivery service providers may be required to request additional supporting documents from the Customer or contact the latter at the time of acceptance and/or shipping of the order. In the event of unjustified refusal by the Customer to deliver the requested information and/or supporting documents, the Seller reserves the right not to accept or cancel the order without this being subject to any dispute.

The Seller also reserves the right not to accept or cancel the order of any Customer who has provided incorrect information, who does not pay for the Products, with whom there is a dispute relating to the payment of a previous order or which would present an abnormally high order level.

The Seller cannot be held responsible for the consequences resulting from incorrect or incomplete data mentioned by the Customer and in particular concerning the quantities and types of Products ordered or the delivery time slot.

 

Article 6 – PRICING CONDITIONS

The Products are sold at the Seller's price in effect appearing on the Site on the day of the order (in accordance with article L.112-1 of the Consumer Code), expressed in euros, all taxes included, excluding delivery and shipping costs. transport mentioned before validation of the order and invoiced additionally.

The prices are firm and non-revisable during their period of validity, the parties expressly waiving the right to invoke the provisions of article 1195 of the Civil Code.

Any costs of transport, delivery, processing of the order (postage, packaging, preparation of the package, optional services subscribed by the Customer) and other costs, interests and commissions are indicated in the summary of the order and are established according to the location and method of delivery selected by the Customer, as well as the type of Product and/or the quantity of Products ordered by the Customer.

Any special request from the Customer subsequent to the order and generating costs (packaging, transport, etc.) will be subject to additional invoicing to the Customer.

When the Products are not received by the Customer and must be reshipped, additional processing, shipping, transport and delivery costs may be invoiced to the Customer under conditions identical to those provided for when the order was placed.

The Seller reserves the right to modify its prices at any time for any Products ordered after this modification.

Possible price reductions, discounts and discounts may apply to the Products under the conditions provided on the Seller's Site or in any other document communicated to the Customer. In the event of a promotional rate, the Seller undertakes to apply this rate to any order placed during the promotional period.

Any change in prices resulting from an increase in value added tax or the creation of any new tax based on the price of the Products will be immediately and automatically applied.

 

Article 7 – BILLING AND PAYMENT CONDITIONS

 7.1 – BILLING

The Products are invoiced and the price is due in full and payable in cash on the day of the order.

In the event of early payment by the Customer, no discount will be applied. Under no circumstances may payments be suspended or be subject to any compensation without prior written agreement between the Seller and the Customer. Any suspension, deduction or compensation made unilaterally by the Customer will be treated as a failure to pay and will entail all the consequences of late payment.

It is expressly agreed that the Customer is validly given notice to pay solely by the due date of the obligation, in accordance with the provisions of article 1344 of the Civil Code. In the event of late payment of any of the due dates, the Seller reserves the right, without any compensation being due to the Customer, to:

• demand immediate payment of all sums owed in respect of the Products, these becoming immediately due regardless of their initially scheduled due date;

• refuse any new order or require for any new order a cash payment or a guarantee for the proper execution of commitments;

• charge any partial payment first to the non-privileged part of the debt then to the sums which are the oldest due;

• reduce, suspend or cancel orders for Products in progress, 5 days after formal notice given to the Customer by the Seller has remained ineffective;

• apply, without prior notice, to all sums due, from the first day of delay and until full payment, late payment penalties calculated at the rate referred to in Article L.441-6 of the Commercial Code; and or

• demand the payment of a fixed compensation of €40 for recovery costs, for each invoice paid late, and the payment of compensation equal to 10% of the amounts remaining due on Product Sales, without prejudice to repair of any damage actually suffered.

The Seller will have the option to proceed to payment by compensation, automatically, and without formalities, of all sums that it may owe, with the Customer's debts to it, whether or not the conditions of legal compensation are constituted.

 

7.2 – PAYMENT METHODS

The Customer expressly acknowledges that any order placed on the Site is an order with payment obligation, which requires payment of a price for the Products under the aforementioned conditions.

The Site uses the Shopify Payments online payment solution .

Orders can be paid using the following payment method:

• Payment by credit card (Carte Bleue, Visa, Eurocard, Mastercard). Payment is made directly on the secure servers of the Seller's payment provider. The Customer's bank details are neither stored nor recorded by the Site. The bank details communicated during payment are protected by an SSL (Secure Socket Layer) encryption process. Bank cards issued by banks domiciled outside France must be international bank cards. Payment via these bank cards is made in cash, without discount

 

Article 8 – DELIVERY OF PRODUCTS

8.1 DELIVERY

Delivery of the Products ordered by the Customer cannot take place until the latter has made effective payment of the amount referred to in article 6.1 above.

The Products can be delivered to the following geographic areas: mainland France, countries of the European Union.

The Customer can choose between the following delivery methods:

• Delivery to collection point;

• Home delivery

Upon confirmation of the order and payment by the Customer, the Products will be prepared and shipped to the address and according to the manufacturing and delivery times appearing in the order summary.

In this regard, the Customer undertakes to make every effort to ensure proper receipt of the Products on the day of delivery. The cost relating to any new delivery will be borne by the Customer. Furthermore, in the event of a delivery error following the communication of inaccurate information by the Customer (delivery location, accessibility of the location or any other problem) resulting in the need to make a new delivery, the related costs will be invoiced. to the client.

In the event of prior agreement from the Seller, the Customer may collect the Products ordered from the location indicated by the Seller.

The manufacturing and delivery times planned for orders are only given as an indication based on the availability of the Products ordered, the manufacturing times of suppliers and the delivery times applied by the Seller's partners.

Delivery delays, provided they are reasonable, cannot give rise to any right to cancel the sale, refuse the goods or claim damages. In the event of a delay of more than 30 days, the Customer will however be entitled to request the cancellation of the sale, the deposits already paid will be returned to him by the Seller.

In the event of delivery outside mainland France, the Customer will be considered as the importer of the Products and required to comply with the regulations of the country of delivery, it being specified that cross-border deliveries may, if necessary, be subject to an opening procedure and inspection by customs authorities.

 

8.2 COMPLIANCE OF DELIVERY

The number and condition of the Products must be checked by the Customer at the time of delivery.

The Seller will be required to reimburse the Products in the event of delivery of non-compliant or damaged Products upon delivery.

The Customer must notify the carrier in contradictory writing of any apparent defects, missing products or damage by clear, precise and complete reservations on the delivery note. The Customer must confirm his complaint with the Seller and the carrier by email within 24 hours of delivery of the goods.

The Seller will validate the Customer's complaint by email and will reimburse the damaged or missing Products as soon as possible.

If the Customer fails to comply with the above-mentioned procedure, the Customer will be presumed to have waived any action against the Seller and/or the carrier and to have received the goods in conformity and in good condition. The Seller will therefore not accept any complaints, returns or credit requests from the Customer.

 

 Article 9 – CUSTOMER RETURNS

 The Customer has the option of returning his or her ordered Product(s) to the Seller within 30 days of the Order by contacting Customer Service.

To be eligible for return, the Product must meet the following conditions:

• The Product must be new and returned in its original packaging;

• The Product must not have been worn and/or washed, must not be damaged or stained and must not have an undesirable odor;

• The Product must not be personalized;

• The Product must be accompanied by its accessories and billing document.

Returned Products and delivery costs will be refunded to the Customer if the order is returned in its entirety.

The Seller reserves the right to refuse reimbursement for returned products if they have been visibly used or damaged by the Customer and this use or damage renders the products unfit for sale or if the products do not correspond to the references declared for return.

 

 Article 10 – RIGHT OF WITHDRAWAL

 From the date of receipt or collection of the entire order, the Customer has 14 working days to withdraw without having to justify themselves or pay additional penalties by contacting Customer Service.

To exercise the right of withdrawal, the Customer must inform the Seller's customer service, whose contact details are at the top of these General Terms and Conditions, specifying their name, postal address, telephone number and email address as well as their decision to cancel. withdrawal from the contract by means of an unambiguous declaration.

To be returned, the Product must meet the conditions indicated in the “Customer Returns” article.

From the date of his declaration, the Customer then has fourteen days to return the products concerned subject to the return conditions set out above.

The Customer bears the direct costs of return.

The Customer will be reimbursed using the same means of payment as that used during the initial order for the amount of the product as well as the delivery costs inherent to their first order (with the exception of return costs which remain the responsibility of the Customer) within fourteen days from receipt of the products concerned in the Seller's warehouses.

In the event of a partial return of an order, the delivery costs inherent to the initial order benefiting from a flat rate will not be refunded.

The right of withdrawal does not apply:

• Products made according to customer specifications, and in particular Products made to measure (Article L221-28 3°);

• To Products which have been unsealed by the Customer and which cannot be returned for hygiene reasons (Article L221-28 5°) (Unsealed perfume; underwear; tights).

 

Article L221-23 of the Consumer Code :

The consumer returns or returns the goods to the professional or a person designated by the latter, without undue delay and, at the latest, within fourteen days following communication of his decision to withdraw in accordance with article L. 221-21 , unless the professional offers to collect these goods himself.

The consumer only bears the direct costs of returning the goods, unless the professional agrees to bear them or if he has failed to inform the consumer that these costs are his responsibility. However, for contracts concluded off-premises, when the goods are delivered to the consumer's home at the time of conclusion of the contract, the professional recovers the goods at his own expense if they cannot be returned normally by post due to their nature. nature.

The consumer's liability can only be engaged in the event of depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these goods, provided that the professional has informed the consumer of his right withdrawal, in accordance with 7° of article L. 221-5 .

  

Article 11 – PRODUCT GUARANTEE

11.1 IMPLEMENTATION OF LEGAL GUARANTEES

All Products supplied by the Seller benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the guarantee against hidden defects provided for in Articles 1641 to 1649 of the Civil Code.

Any return of defective Products or for defects in material, design or manufacturing requires the prior written consent of the Seller. Unless the Seller's liability is incontestably established or if it is expressly recognized by the Seller, the costs and risks of return will be the responsibility of the Customer. The Seller reserves the right to refuse the return if the Products are not in their original condition.

Any defective Product may be subject to repair, replacement with an identical or equivalent product, or a refund, depending on the solution that the Seller or the manufacturers concerned consider most appropriate, except in the case of:

• alteration or modification of the Products;

• abnormal or non-compliant use or use of the Products;

• defects and consequences linked to use not in conformity with the use for which the Products are intended;

• defects and consequences linked to any external cause;

• normal wear and tear of the Products;

• non-compliance with the return procedure by the Customer.

In the event of a dispute over the warranty of a Product, the parties must do their best to reach an amicable settlement of the situation.

In the absence of amicable settlement and in the event of sufficiently serious non-performance by the Seller, the Customer may automatically terminate the sale and obtain, where applicable, damages from the Seller in order to repair the damage suffered, the Customer waiving in advance the right to request forced performance in kind of Products by the Seller or a third party or a proportional reduction in the price, by express derogation from the provisions of articles 1221, 1222 and 1223 of the Civil Code.

The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.

Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

 

11.2 LEGAL PROVISIONS

 “The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.

“When the contract of sale of the good provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee is applicable to this digital content or this digital service throughout the period. the planned supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance.

“The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the property.

“The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience for them.

“If the item is repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

“If the consumer requests repair of the good, but the seller requires replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good.

“The consumer can obtain a reduction in the purchase price by keeping the goods or end the contract by being reimbursed in full against return of the goods, if:

“1° The professional refuses to repair or replace the goods;

“2° The repair or replacement of the goods takes place after a period of thirty days;

"3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-compliant good, or if he bears the costs of installing the repaired good or replacement;

“4° The non-compliance of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

“The consumer also has the right to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies that the reduction in the price or the termination of the contract be immediate. The consumer is then not required to request repair or replacement of the goods beforehand.

“The consumer does not have the right to cancel the sale if the lack of conformity is minor.

“Any period of immobilization of the good for its repair or replacement suspends the guarantee which remained to run until the delivery of the restored good.

“The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.

“The seller who obstructs in bad faith the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover ( article L. 241-5 of the Consumer Code ).

“The consumer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the civil code , for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the item is kept or to a full refund against return of the item. »

 

Article 12 – OWNERSHIP AND RISKS

 12.1 - RESERVATION OF PROPERTY

By way of derogation from the provisions of article 1583 of the Civil Code, it is expressly agreed with the Customer that the transfer of ownership of the Products delivered is suspended until full and effective payment of the price in principal, interest, taxes and all incidental costs. . The delivery of drafts, bank checks or any other instrument creating an obligation to pay does not constitute effective payment in this regard.

Acceptance of deliveries or documents relating to these deliveries constitutes acceptance of this clause.

In the absence of payment of the price on the agreed due date, the Seller expressly reserves the right to consider the sale canceled and to claim the said Products after formal notice by registered letter or bailiff's summons which remains without effect within 5 days of their presentation.

As long as the Products do not belong to the Customer, he is prohibited from disposing of them, in particular from pledging them, exchanging them, transferring them into ownership as security. However, as a tolerance and for the sole purposes of its activity, the Seller authorizes the Customer to resell the Products. The Customer therefore undertakes to inform its customers of the existence of the retention of title clause governing the Products and of the right that the Seller reserves to claim, in their hands, either the Products in dispute or the price. .

The Customer also undertakes, in return, to carry out not only at the end of the financial year but on a permanent basis, by any means at its convenience, the identification of the Products subject to retention of title. The Customer must include in the assets of its balance sheet the Products subject to the retention of title. Products pending sale are presumed unpaid to the extent of the seller's debt according to the "first in, first out" (FIFO) rule, ie any payment by the Customer will be allocated to the oldest Products and these will be the subject Products. of the last delivery which will always be considered as accompanied by the retention of title.

Notwithstanding the fact that the Customer will only have ownership of the Products upon effective payment, the transfer of risks of the Products to the Customer will take place under the conditions provided below. The Customer therefore undertakes to take all care in the care and conservation of said goods.

The Customer immediately notifies the Seller by any means ensuring perfect communication of any fact likely to compromise its property rights, in particular the opening of a safeguard procedure, liquidation or judicial recovery, seizure or any other precautionary measure. In the event of the opening of a safeguard, liquidation or receivership procedure, the Customer undertakes to participate in the establishment of an inventory of the Products located in its stocks and of which the Seller claims ownership or control. payment and to assist it effectively in the claims procedure lodged with the competent authorities. In the event of seizure or any other protective measure on the Products delivered by the Seller, the Customer will raise all protests against the third party and will take all protective and enforcement measures.

All legal and judicial costs generated by the recovery of the Products subject to retention of title or their price will be borne by the Customer.

 

 12.2 - TRANSFER OF RISKS

The Products will be at the expense, risk and peril of the customer from their delivery to the carrier or their removal by the Customer.

In this case, the Seller will be deemed to have fulfilled its delivery obligation once it has handed over the Products to the carrier and the latter has accepted them without reservation, the Customer having no warranty recourse against the Seller. in the event of non-delivery or lack of conformity of the Products upon delivery.

The Customer will therefore take out all useful insurance contracts guaranteeing the risks of loss, destruction or theft of the goods for which the risks have been transferred.

 

Article 13 – AVAILABILITY OF THE SITE

The Seller strives to ensure access and proper functioning of the Site twenty-four hours a day, seven days a week.

The Seller cannot, however, rule out the possibility that access and operation of the Site may be interrupted, particularly in the event of force majeure, malfunctions of Customers' equipment or internet network, failure of telecommunications operators, interruption of electricity supply. , abnormal, illicit or fraudulent use of the Site by a Customer or a third party, decision of the competent authorities, or for any other reason.

The Seller also reserves the right to make to the Site and the Services all modifications and improvements of its choice linked to technical developments or proper functioning.

General and temporary interruptions of the Site will, as far as possible, be notified via the Site before they occur, except when these interruptions are of an emergency nature.

 

 Article 14 - LIABILITY

The Seller's liability cannot be incurred in the event that the non-performance of its obligations is attributable to the Customer, to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure within the meaning of article 1218 of the Code Civil, including, but not limited to, unforeseeable events such as strikes, work stoppages, social unrest, factory closures, floods, fires, failure of production or transport not caused by personal action, rupture of supply, wars, riots, insurrections and more generally any circumstance or event preventing the Seller from properly performing its obligations.

The Seller incurs no liability for any indirect or immaterial damage or harm such as financial loss, loss of opportunity, loss of profit, loss of contract, loss of order, loss of customers, operating loss, harm or trouble. commercial or image damage, which could result from the delivery of non-compliant or defective Products or from the absence of delivery of the Products.

The sale of Products and these General Conditions being in compliance with French legislation, the Seller's liability cannot be engaged in the event of non-compliance with the legislation of another country as soon as the Customer places an order for a Product from from another country.

In any event and in all cases of returns, if the Seller's liability were to be held, it cannot under any circumstances go beyond the purchase price of the goods paid by the Customer.

In accordance with the provisions of article 2254 of the Civil Code, any legal action by a Customer against the Seller is subject to limitation upon the expiration of a period of one (1) year following the date on which the Customer concerned was aware or is presumed to have been aware of the harmful event.

 

Article 15 – REGISTRATION SYSTEMS

The computerized records, kept in the computer systems of the Seller and its partners under reasonable security conditions, will be considered as proof of the communications and actions of the Customers and the Seller. The archiving of these elements is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy within the meaning of the applicable regulations.

Each Customer recognizes the evidentiary value of the Site's automated recording systems and declares that it waives the right to contest them in the event of a dispute.

 

Article 16 – PERSONAL DATA

For more information regarding the Seller's use of personal data, please read the Privacy Policy carefully. You can consult this Policy at any time on the Site.

 

Article 17 – HYPERTEXT LINKS

The hypertext links available on the Site may refer to third-party or partner sites. They are provided solely for the convenience of the Customer, in order to facilitate the use of resources available on the Internet. If the Customer uses these links, he will leave the Site and will then agree to use third-party sites at his own risk or, where applicable, in accordance with the conditions which govern them.

In any event, the existence of a hypertext link to the Site from a third party site or on the Site to a third party or partner site cannot engage the liability of the Seller in any capacity whatsoever and in particular as to the availability, content and products and/or services available on or from this third party or partner site.

The Customer is not authorized to create one or more hypertext links on a third-party site linking to the home page of the Site or to its profile page, without prior written authorization from the Seller.

 

Article 18 – INTELLECTUAL PROPERTY

 The Seller is the sole owner of all content present on the Site, in particular and without limitation, all texts, files, animated or non-animated images, photographs, videos, logos, designs, models, software, brands, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information which are protected by French and international laws and regulations relating in particular to intellectual property.

Consequently, none of the Content of the Site may in whole or part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way. , free of charge or for a fee, by a Customer or by a third party, whatever the means and/or supports used, whether known or unknown to date, without the prior written authorization of the Seller, and the Customer is solely responsible for any unauthorized use and/or exploitation.

In addition, any extraction, integration, compilation, or use for commercial purposes of information contained in the databases accessible on the Site, as well as any use of software, robots, data mining systems and other collection tools of data is strictly prohibited to Customers.

The Seller however grants Customers, subject to compliance by the latter with these General Conditions, a non-exclusive and non-transferable right to access the content present on the Site of which it holds full ownership, to download them and print them in for personal, non-commercial use.

The Seller may hold intellectual and/or industrial property rights concerning the Products sold to the Customer. As soon as the Customer becomes aware of an infringement of the Seller's intellectual and/or industrial property rights, he must immediately inform the Seller in writing.

  

Article 19 – DURATION – SUSPENSION – TERMINATION

In the event of a one-off sale or in application of special conditions, these General Conditions are applicable for the duration of each Product sale transaction carried out between the Seller and a Customer or, where applicable, for the duration of the special conditions concluded with a Customer.

The Seller reserves the right to suspend a Customer's access to the Site permanently or temporarily, in the event of failure by said Customer to fulfill its obligations resulting from these General Conditions.

Furthermore, the Seller or the Customer may terminate the General Conditions automatically in advance by sending written notification:

• in the event of the occurrence of a case of force majeure as referred to in article 11;

• after having notified the other party in the event of a serious breach by the latter of its obligations or under the applicable laws and regulations, which has not been remedied within fifteen (15) days (when it can be remedied for this breach) following written notification indicating the nature of the breach and the need to remedy it.

 

 Article 20 - CONFIDENTIALITY

During the term hereof, each party may become aware of or receive confidential information, documents and/or data about the other party. Therefore, each party undertakes, both in its own name and in the name of its employees for whom it stands strong, to preserve the strict confidentiality of all confidential information, documents and/or data of any nature in connection with the results, activity or goodwill of the other party or any information received or obtained from a party within the framework of established contractual relationships.

This confidentiality commitment of the parties is valid, both for the duration hereof and for a period of two (2) years following their expiration or termination.

 

 Article 21 - NOTIFICATIONS

Any written notification or summons required or permitted under the provisions hereof will be validly made if it is sent by letter delivered by hand or by hand against delivery receipt, by registered mail with acknowledgment of receipt, or by electronic mail (except in in the event of termination hereof), addressed to the contact details of the party concerned, each party electing domicile at its registered office.

Any change of contact details of a party for the purposes hereof must be notified to the other party in accordance with the terms provided above.

Notifications sent by hand or by courier will be presumed to have been made on their date of delivery to the recipient, as attested by the delivery receipt. Notifications made by registered mail with acknowledgment of receipt will be presumed to have been made on the date of their first presentation to the recipient's address. Notices made by email will be deemed to have been given on the date the email is sent.

 

 Article 22 - AUTONOMY AND ABSENCE OF WAIVER

If any of the stipulations of these General Conditions were declared null or inapplicable for any reason whatsoever in application of a law, a regulation or following a court decision that has become final, it would be deemed not to be applicable. written and the other stipulations would remain in force.

The fact that the Seller does not take advantage, temporarily or permanently, of one or more stipulations of the General Conditions will in no case constitute a waiver.

 

 Article 23 – MODIFICATION

The Seller reserves the right to modify at any time and without notice the content or location of the Site and these General Conditions.

Any use of the Site or order following a modification made to the General Conditions will imply acceptance by each Customer of said modifications. The most recent and current version of the General Conditions will always be available at the following address:

https://yela-store.com/pages/cgv

 

When the modifications made to the General Conditions are considered substantial, these may be brought to the attention of Customers by e-mail and must be accepted by the latter during their next connection to the Site.

 

 

Article 24 – DISPUTES, M EDIATION AND COMPETENT COURT

 

24.1 - DISPUTES

Disputes that may arise within the framework of the contractual relations established between the Customer and the Seller must be resolved, as far as possible, amicably.

 

24.2 – MEDIATION

In the absence of an amicable settlement within two months from the referral of one of the parties, the Customer, subject to article L.612.2 of the Consumer Code, has the option of submitting a request for amicable resolution through mediation, within a period of less than one year from the written complaint to the Seller.

FEVAD consumption mediator

BP 20015 – 75362 PARIS CEDEX 8 –

mediateurduecommerce@fevad.com

 

 24.3 – COMPETENT COURT

All disputes to which the General Conditions could give rise, concerning their validity, interpretation, execution, termination, their consequences and their consequences, will be submitted to the Paris court .

 

Article 25 - APPLICABLE LAW AND LANGUAGE OF THE CONTRACT

These General Conditions and the operations resulting from them are governed and subject to French law. They are written in French. In the event of translation into one or more foreign languages, only the French text will be authentic in the event of a dispute.