General Terms and Conditions

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ARTICLE 1 – Scope of Application

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These General Terms and Conditions of Sale ("GTCs") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or Customer"), wishing to purchase the products offered for sale ("Products") by the Seller on the website www.cute-patch.com. The Products offered for sale on the website are as follows:

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Baby products, children's clothing and underwear.

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The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website. The customer is required to be aware of these before ordering. The choice and purchase of a Product are the sole responsibility of the Customer. Product offers are within the limits of available stocks, as specified when placing the order. These GTCs are accessible at any time on the website and will prevail over any other document. The Customer declares that they have read these GTCs and accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the website. Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer. The Seller's contact details are as follows: Cute Patch S.à.r.l. - s Capital of 1000 euros Registered with the RCS of Luxembourg, under number XXXXXXXX Email: contact@cute-patch.com VAT number: LUXXXXXXXXX The Products presented on the website are offered for sale for the following territories: LUXEMBOURG. In case of an order to a country other than Luxembourg, the Customer is the importer of the Product(s) concerned. For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility of and are the sole responsibility of the Customer.

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ARTICLE 2 – Prices

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The Products are provided at the rates in effect appearing on the website www.cute-patch.com, at the time of the order registration by the Seller. Prices are expressed in Euros, excluding and including VAT. The prices take into account any discounts that would be granted by the Seller on the website www.cute-patch.com. These prices are firm and non-revisable during their validity period, but the Seller reserves the right, outside the validity period, to modify the prices at any time. Prices do not include processing, shipping, transportation, and delivery costs, which are invoiced separately, under the conditions indicated on the website and calculated prior to placing the order. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is drawn up by the Seller and given to the Customer when delivering the ordered Products.

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ARTICLE 3 – Orders

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It is the Customer's responsibility to select on the website the Products they wish to order, according to the following methods: Adding products to the cart via the "add to cart" button. Product offers are valid as long as they are visible on the website, within the limits of available stocks. The sale will be considered valid only after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to immediately report any errors. Any order placed on the website constitutes the formation of a contract concluded remotely between the Customer and the Seller. The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over the payment of a previous order. The Customer can follow the progress of their order on the website.

 

ARTICLE 3 Bis – Customer Area – Account

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In order to place an order, the Customer is invited to create an account (personal space). To do so, they must register by completing the form that will be offered to them when placing their order and undertake to provide sincere and accurate information regarding their civil status and contact details, particularly their email address. The Customer is responsible for updating the information provided. It is specified that they can modify it by connecting to their account. To access their personal space and order history, the Customer will have to identify themselves using their username and password which will be communicated to them after their registration and which are strictly personal. In this respect, the Customer is prohibited from any disclosure. Otherwise, they will remain solely responsible for its use. The Customer may also request their unsubscribe by visiting the dedicated page on their personal space or by sending an email to: contact@cute-patch.com. This will be effective within a reasonable time. In the event of non-compliance with the general terms of sale and/or use, the website will have the possibility to suspend or even close a customer's account after a warning sent by electronic means and remaining ineffective. Any deletion of the account, whatever the reason, results in the pure and simple deletion of all personal information of the Customer. Any event related to a case of force majeure resulting in a malfunction of the website or server and subject to any interruption or modification in the event of maintenance, does not engage the Seller's liability. Creating an account implies acceptance of these general terms of sale.

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ARTICLE 4 – Terms of Payment

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The price is paid by means of secure payment, according to the following methods: Payment by credit card. The price is payable by the Customer, in full on the day of placing the order. Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment service provider involved in banking transactions carried out on the website www.cute-patch.com. The Seller will not be required to deliver the Products ordered by the Customer if they do not pay the full price under the conditions indicated above.

 

ARTICLE 5 – Deliveries

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the related costs will be subject to additional specific billing, on a supplementary estimate previously accepted in writing by the Customer.

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The Customer is required to check the condition of the packaging and the conformity of the Product(s) delivered and, if necessary, to make reservations on the delivery note of the carrier and to inform the Seller within three days of receipt of the Product(s). If the package delivered shows signs of damage or if the Product(s) does not correspond to the order, the Customer must refuse the delivery or express their reservations on the delivery note, and this within three days of receipt of the Product(s). The said reservations and complaints must be sent to the Seller by registered letter with acknowledgment of receipt within three days of the delivery of the Products.

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If the above conditions are met, the Seller will reimburse or replace the Products as soon as possible and at their expense. The Seller's liability cannot be engaged if the Customer does not comply with the procedure outlined above.

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ARTICLE 6 – Retention of Title Clause

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The Products remain the property of the Seller until full payment of the price by the Customer. However, upon delivery, the risks of the Products sold are transferred to the Customer.

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ARTICLE 7 – Right of Withdrawal

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In accordance with the provisions of the Consumer Code, the Customer has a period of fourteen days from the date of receipt of their order to exercise their right of withdrawal from the Seller, without having to give any reasons or incur penalties. The Customer must notify the Seller of their decision to withdraw by means of an unambiguous statement (for example, letter sent by post, fax, or email) to the Seller's contact details mentioned in Article 1 of these GTCs.

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In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be reimbursed; the return costs remain the responsibility of the Customer. The reimbursement will be made no later than fourteen days from the date on which the Seller is informed of the Customer's decision to withdraw. The Seller reserves the right to defer the reimbursement until the Products are recovered or until the Customer has provided proof of shipment of the Products, whichever comes first.

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ARTICLE 8 – Seller's Liability – Warranty

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The Products supplied by the Seller benefit from the legal guarantee of conformity provided for in articles L 217-4 and following of the Consumer Code and the guarantee of hidden defects provided for in articles 1641 and following of the Civil Code. Any complaint, request for exchange or refund must be made by email to the following address: contact@cute-patch.com within thirty days of delivery.

 

ARTICLE 9 – Personal Data

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The Customer's personal data is collected and processed in accordance with the provisions of the General Data Protection Regulation (GDPR) and any applicable national data protection laws. The purpose of collecting personal data is to fulfill the contractual obligations between the Seller and the Customer, including order processing, delivery, and customer support.

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9.1 Collection of Personal Data

Personal data collected on the website includes but is not limited to: name, address, email address, telephone number, and payment details. The Customer's consent is obtained before collecting any personal data, and the Customer has the right to withdraw consent at any time.

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9.2 Use and Disclosure of Personal Data

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Personal data is used solely for the purpose of executing the sales contract and providing the associated services. The Seller may disclose personal data to third-party service providers, such as payment processors and shipping companies, solely for the purpose of fulfilling the contract.

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9.3 Data Controller

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The Seller acts as the data controller for the personal data collected on the website. The Seller is responsible for ensuring the security and confidentiality of the data and for complying with GDPR requirements.

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9.4 Data Retention

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Personal data is retained for the duration necessary to fulfill the purposes for which it was collected, unless otherwise required by law. After the retention period expires, personal data is securely deleted or anonymized.

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9.5 Rights of the Data Subject

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Under GDPR, the Customer has the following rights regarding their personal data:

• Right of access: The right to request access to their personal data and information about how it is processed.

• Right to rectification: The right to request the correction of inaccurate or incomplete personal data.

• Right to erasure: The right to request the deletion of their personal data under certain circumstances.

• Right to restriction of processing: The right to request the restriction of processing of their personal data under certain circumstances.

• Right to data portability: The right to receive their personal data in a structured, commonly used, and machine-readable format.

• Right to object: The right to object to the processing of their personal data under certain circumstances.

 

9.6 Security Measures

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The Seller implements appropriate technical and organizational measures to ensure the security and confidentiality of personal data and to prevent unauthorized access, disclosure, alteration, or destruction.

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9.7 Contact Information

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For any inquiries or requests regarding personal data processing or to exercise their rights under GDPR, the Customer can contact the Seller at the contact details provided in Article 1 of these Terms and Conditions.

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ARTICLE 10 – Intellectual Property

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The content of the website www.cute-patch.com is the property of Cute Patch S.à.r.l. and its partners and is protected by French and international laws relating to intellectual property. Any reproduction, distribution, or use of this content without the express permission of Cute Patch S.à.r.l. is strictly prohibited and may constitute an infringement of intellectual property rights.

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ARTICLE 11 – Applicable Law and Language

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These General Terms and Conditions and any transactions arising from them are governed by and subject to Luxembourgish law. These General Terms and Conditions are drafted in French. In case of any discrepancy or dispute between the French version and any translated version, the French version shall prevail.

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ARTICLE 12 – Dispute Resolution

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For any complaints, the Customer may contact the Customer Service department at the postal or email address of Cute Patch S.à.r.l. provided in Article 1 of these General Terms and Conditions. The Customer is informed that they can resort to conventional mediation, through existing sectoral mediation bodies or any alternative dispute resolution method (conciliation, for example) in case of dispute. In this case, the designated mediator is the Mediator of the Federation of Commerce and Distribution (FCD), 12 rue Euler, 75008 Paris, France. Email: cdelesalle@fcd.fr. The Customer is also informed that they can resort to the Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show. All disputes arising from the purchase and sale transactions concluded under these General Terms and Conditions and which have not been settled amicably by the seller or through mediation will be subject to the competent courts in accordance with ordinary law.

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ANNEX I – Withdrawal Form

Date: ______________________

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.cute-patch.com, subject to exclusions or limitations on the exercise of the right of withdrawal as provided in the applicable General Terms and Conditions of Sale.

To the attention of Cute Patch S.à.r.l., [Address]

I hereby notify the withdrawal from the contract concerning the following item(s):

• Order date: [Indicate the date]

• Order number: [Order number]

• Customer's name: [Customer's name]

• Customer's address: [Customer's address]

[Customer's signature - only if notifying the withdrawal form on paper]

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if you have any questions about these CGV, please contact us at contato.cutepatch@gmail.com.