ARTICLE 1: Order

1.1. Order form

The Client places an order on the website https://collective-y.com.

The sale will only be considered final after receipt of payment of the price and sending to the Client the confirmation of the order, hereinafter referred to as the “Order Form”.

The Client is responsible for the information provided when placing his/her order, this information being essential for the proper processing of the order. Thus, in particular, the Client is fully responsible for the declared domicile and the delivery address mentioned.

In case of any disagreement with any mention appearing on the Order Form, it is up to the Client to notify the Company in writing within twenty-four (24) hours of the date of receipt of the Order Form, under penalty of foreclosure.

Subject to the provisions of Article 6 below, no accepted order can be cancelled or modified without the prior agreement of the Company.

1.2. Availability of Creations

The Company undertakes to fulfill orders received within the limits of its available stock.

Availability may vary depending on sales trends. The Company updates availability very frequently and additional details may be communicated to the Customer.

If, exceptionally, the ordered Creation is no longer available, the order will be automatically canceled and no bank debit will be made.

ARTICLE 2: Price – Payment Terms

2.1. Prices are presented in euros, all taxes included (VAT), for Metropolitan France, Overseas France and the European Union.

The amount of value-added tax (VAT) is the one in force on French mainland territory on the day of purchase validation (i.e., 20% VAT in 2023).

However, if the Customer chooses delivery to a country outside the European Union, the taxes due on imported products, customs duties, value-added tax, and any other taxes due under the laws of the country receiving the order will be the responsibility of the Customer (cf. Article 5 – Delivery Terms).

2.2. The price indicated is exclusive of shipping costs, but includes packaging. Shipping costs are charged to the Customer either at a flat rate based on the amount of the cart or based on the weight of the package, the place of delivery and the carrier or mode of transport chosen. These costs are recalled to the Customer before the final registration of the order.

2.3. The Company reserves the right to modify its prices at any time. However, the Creations will be invoiced based on the rates in effect at the time of order registration.

2.4. Payment is made in cash at the time of online ordering.

2.5. The following payment methods are accepted:

– Credit card

– Bank transfer

– Paypal

ARTICLE 3: Delivery – Transfer of risks

Upon delivery, before signing the delivery note presented by the carrier, the Client is required to count the number of packages and check the condition of the delivered Creations. In case of any anomaly, the Client must indicate it on the delivery note in the form of a handwritten, dated, and signed reservation.

The Company will refund or replace the delivered Creations as soon as possible and at its own expense, subject to compliance with the conditions set out in Articles 3.1 and 3.2 below.

In accordance with Article L216-2 of the Consumer Code, the transfer of the risks of loss or damage is transferred to the Client upon receipt of the Creations, as soon as the Client or the third party expressly authorized by the Client to receive the order of the Creations, signs the delivery note without reservation.

3.1. Defective or damaged Creations

The Client has a period of eight (8) days from delivery to make any claims by email to shop@collective-y.fr, accompanied by all supporting documents (including photos). After this period and failing to comply with these formalities, the Creations will be deemed compliant and free of any apparent defects, and no claim will be validly accepted by the Company, and the Client will be deemed to have accepted the Creations as delivered.

For non-conforming Creations in nature, they must be returned properly protected (if possible in their original packaging), accompanied by any accessory provided.

In case of any anomaly, the Client may also refuse the delivery of the Creations and must notify the Company of the refusal under the same conditions as above.

3.2. Non-conforming Creations in nature

The photographs of the Creation sheets on the website www.collective-y.com are as accurate as possible but are not contractual. By purchasing on the website, the Client accepts minimal variations in sizes, colors, and finishes. In case of a slight difference between the visual appearance of the Creation delivered to the Client and its photographic representation on the website www.collective-y.com, the Company cannot be held responsible.

Outside of this hypothesis, if the Client notes, upon receipt of the Creations, that they are non-conforming in nature (such as an error in color reference), he/she must send his/her claims within eight (8) days according to the methods indicated in Article 3.1 above.

For non-conforming Creations in nature, they must be returned properly protected (if possible in their original packaging), in perfect resale condition (not damaged, harmed, or soiled by the Client), accompanied by any accessory provided.

The Creations must not have been used to an extent that exceeds what is necessary to establish the nature, characteristics, and proper functioning of the Creations. Thus, they should not bear the mark of prolonged use exceeding the time necessary for their testing.

ARTICLE 4: Eligible countries for delivery

The Company delivers internationally.

ARTICLE 5: Delivery terms – Transfer of ownership

5.1. Deliveries are made “at the doorstep”, meaning they are made at the bottom of the building or at the entrance of the house.

The Client will ensure that they make arrangements to receive their package and transport it themselves. The client should take measurements of their doors, stairs, and elevators to ensure that the ordered Creation can be transported by themselves to the desired location.

5.2. The transport company will contact the Client to set a delivery date. If the Client is absent, the carrier will leave a notice with their contact information to recontact them and arrange for another delivery date. This second delivery will be charged by the transport company.

5.3. Delivery dates are provided for information purposes only. No delay gives the Client the right to terminate or cancel the order. However, delivery must take place within a maximum of thirty (30) days from the date of the online order.

Delivery delays may be due to the geographic location of the delivery address, the availability of the delivery service, and the location of the manufacturing creator. In this case, the Client will report any delay to the Company as soon as possible.

5.4. The costs incurred by the Company related to incorrect information provided by the Client will be charged to the Client, especially the costs of re-shipping the order.

5.5. In the case where the Client has opted for delivery to a country located outside the European Union, the Client agrees to pay all taxes due on the importation of Creations, customs duties, value-added tax, and all other taxes due under the laws of the country of delivery.

These rights and sums are not within the purview of the Company. The Client is fully responsible for the declaration and payment of these taxes to the competent authorities and organizations of the country of delivery.

5.6. Upon receipt of the order, once the delivery note is signed, the Creation belongs to the Client, subject to full receipt of the price by the Company.

ARTICLE 6: Right of withdrawal

The Client has a period of fourteen (14) calendar days from the receipt of the Creations, without having to justify any reasons or pay any penalties, in accordance with Article L221-18 of the Consumer Code and subject to compliance with the conditions for the return of Creations indicated in Articles 6.1 and 6.2 below. The Client bears the cost of returning the items.

The Company will require that all returns be sent strictly to the specified address and be made according to the following return procedure:

Step 1: Send an email to the Company to inform them of the wish to return at SHOP@collective-y.fr.

Step 2: Acceptance and the return address will then be communicated to the Client by email (no package will be refunded if it is not returned to the specified address).

The Client will find a standard withdrawal form template at the following link: https://entreprendre.service-public.fr/vosdroits/R38397.

6.1. Conditions for the return of Creations

Only Creations returned in their entirety, in their complete and intact original packaging and in perfect resale condition will be accepted for return. Any product that has been damaged or whose original packaging has been deteriorated will not be refunded or exchanged. If the Client tries to make a return without prior agreement and without following the procedure, the Company will be forced to send it back to the Client at the default delivery address and to charge the Client for shipping and logistics costs.

The exercise of the right of withdrawal results in the reimbursement of the amounts paid excluding shipping costs, after qualitative and quantitative verification of the returned items. Any reimbursement will be credited to the same bank account, or Paypal used when paying for the returned item and no other means.

6.2. Custom Creations

Creations made according to the consumer’s specifications or clearly personalized are excluded from the right of withdrawal under Article L221-28 of the Consumer Code, unless it is a return following the delivery of a Creation that does not comply with the order, where the Client cannot be deprived of the right to return the Creations, even if they have been personalized.

ARTICLE 7: Guarantees

The Creations offered on www.collective-y.com comply with the applicable regulations. They benefit from the legal guarantee of conformity, under the conditions of Article L217-3 and following of the Consumer Code, and the guarantee against hidden defects, under the conditions of Articles 1641 and following of the Civil Code.

7.1. Legal guarantee of conformity

The Customer has a period of two (2) years to invoke the legal guarantee of conformity from the date of delivery of the Creations. In this case, the Customer may choose between the repair or replacement of the Creation or, failing that, a reduction in price or termination of the contract, in accordance with Article L271-8 of the Consumer Code.

However, the Company may refuse to bring the requested Creation into conformity with the legal guarantee if it is impossible or involves disproportionate costs, in accordance with Article L217-12 of the Consumer Code.

For the same reasons, the Company may also not follow the Customer’s chosen option and bring the Creation into conformity by another means.

Finally, the consumer cannot implement the legal guarantee of conformity by invoking a defect concerning one or more specific characteristics of the Creations that he was aware of and to which he expressly and separately consented at the time of the conclusion of the contract, in accordance with Article L217-5 of the Consumer Code.

7.2. Legal guarantee against hidden defects

The Customer has a period of two (2) years to invoke the guarantee against hidden defects from the date of discovery of the defect in accordance with Article 1641 of the Civil Code.

The buyer may choose to return the Creation and be refunded the price, or to keep the Creation and be refunded a portion of the price under Article 1644 of the Civil Code.

7.3. Commercial guarantee and after-sales service

The Company’s after-sales service ensures follow-up of the order of Creations made by the Customer.

The Customer may contact the after-sales service for any questions regarding the Creations ordered by email at shop@collective-y.fr, or by mail at the following address: 12 rue de Lota, 75116 PARIS, France.

ARTICLE 8: Force Majeure

The Company will not be held responsible if the performance of the contract is prevented or delayed due to a case of force majeure, in accordance with Article 1218 of the Civil Code.

Force majeure is an event beyond the control of the Company, which could not have been reasonably foreseen at the time of the contract and the effects of which cannot be avoided by appropriate measures.

If the obstruction is temporary, the performance of the obligation is suspended unless the resulting delay justifies the resolution of the contract. If the obstruction is permanent, the contract is automatically terminated and the parties are released from their obligations.

The Company will inform the Client of the circumstances constituting a case of force majeure preventing the performance of the contract within ten working days following the date on which it became aware of it.

The Company and the Client will then meet, within one (1) month, unless prevented by force majeure, to examine the impact of the event and agree on the conditions under which the contract will be continued. If the case of force majeure lasts more than three months, the contract may be terminated by the injured party.

Expressly considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: blocking of transport or supply means, earthquakes, fires, storms, floods, lightning and interruption of telecommunications networks or difficulties specific to external telecommunications networks for clients.

ARTICLE 9: Liability

The Company, as a professional, is automatically responsible to the Client for the proper performance of the obligations resulting from the distance contract under Article L221-15 of the Consumer Code, whether these obligations are to be performed by the professional who concluded this contract or by other service providers, without prejudice to its right of recourse against them.

However, the Company may exempt itself from all or part of its liability by providing evidence that the non-performance or improper performance of the contract is attributable either to the Client, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure (cf. Article 8 – Force Majeure).

Given the technical computer and telecommunications constraints of the use of the Site, the Company’s liability cannot be engaged in case of damage caused by a dysfunction, which is not attributable to it, of one or more of the steps of access to the Site, the ordering process, payment, delivery monitoring, due in particular to the inherent inconveniences of the use of the Internet network, such as service interruption, external intrusion, presence of computer viruses.

ARTICLE 10: Personal data protection

The Company uses the collected data to ensure the management and monitoring of its relationship with its customers. In accordance with the law 78-17 of January 6th, 1978 in its latest version resulting from the law 2004-801 of August 6th, 2004, the Company undertakes not to disclose them to any third party except for external service providers who need them for delivery. This information will be integrated into a MySQL database specific to the Company.

The Customer has the right to access, modify, and delete personal data concerning them. If the Customer wishes to exercise this right, they simply need to notify the Company by email addressed to SHOP@collective-y.fr indicating their name, first name, and address.

For more information, we invite the Customer to refer to our Privacy Policy by clicking here.

ARTICLE 11: Intellectual property

11.1. All Creations sold on the website www.collective-y.com are original works protected by copyright and/or any other intellectual property right. All intellectual property rights related to these Creations are the exclusive property of their owner. The purchase of a Creation does not confer any intellectual property right on it. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of the Creations sold on the aforementioned website, without the prior written authorization of their owner, is strictly prohibited and may be subject to legal proceedings.

11.2. Similarly, all texts, comments, works, illustrations, images, logos and packaging, whether visual or sound, reproduced on the website www.collective-y.com are protected by copyright, trademark law, patent law, and the right to image.

As such and in accordance with the provisions of the Intellectual Property Code, only use for private use subject to different or more restrictive provisions of the Intellectual Property Code is authorized. Any other use constitutes counterfeiting and will be sanctioned.

Finally, any Customer wishing to include a link to the website www.collective-y.com must first obtain permission from the Company.

The initially authorized link must be removed if the Company subsequently requests it.

ARTICLE 12: Mediation

In the event of a dispute between the Client and the Company, an attempt at amicable resolution must be made.

The Client may, in particular, have recourse to consumer mediation under Article L612-1 of the Consumer Code.

Consumer mediation is an out-of-court dispute resolution process in which a consumer and a professional attempt to reach an agreement to amicably settle a dispute between them, with the assistance of a third party, the mediator.

The consumer can only refer the matter to the mediator if he/she has previously made a written approach directly to the Company or its customer service to attempt to resolve the dispute. If this approach is not made, the mediation request will be inadmissible.

In the event of a dispute between the Company and the Client, the Company undertakes to provide the Client with the contact details of a mediator as soon as possible.

ARTICLE 13: European Online Dispute Resolution Platform (ODR)

The Client also has the option of using the European Online Dispute Resolution Platform at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

This Platform allows for the direct resolution of the dispute between the Client and the Company and/or recourse to an approved dispute resolution body. However, this mechanism is not mandatory and the Company may refuse to use it.

ARTICLE 14: Applicable Law and Competent Courts in the Event of a Dispute

The language of this contract is French. These general terms and conditions are subject to French law.

The Paris Commercial Court shall have sole jurisdiction to hear this dispute, even in the case of summary proceedings, incidental claims, or multiple defendants or third-party proceedings, and regardless of the mode and terms of payment.