Terms and Conditions of Sale
Article 1 – Purpose
The purpose of these general terms and conditions of sale is to inform any potential consumer of the terms and conditions under which Lynn CARR EI “Myco Arts Studio” proceeds with the sale and delivery of the products ordered and to define the rights and obligations of the parties in connection with the sale of these products.
They apply, without restriction or reservation, to all sales offered by Lynn CARR EI “Myco Arts Studio” on its website www.mycoartsstudio.com.
Consequently, the fact that any person orders a product offered for sale on the internet site www.mycoartsstudio.com implies full acceptance of these general conditions of sale, which the Buyer acknowledges having read prior to ordering. The Buyer also declares that he/she has full legal capacity to enter into commitments under these general terms and conditions of sale.
Lynn CARR EI “Myco Arts Studio” reserves the right to modify these terms and conditions of sale at any time.
Date of last update: 13/08/2024
Article 2 – Identification of the Company
Lynn CARR EI
Myco Arts Studio
655 Route de la Besse
87500 COUSSAC-BONNEVAL
France
Email : mycoartstudio@gmail.com
SIRET/BUSINESS NUMBER 91348383000018
Article 3 – Information relating to items and limitation of liability
The information appears on the Site.
Lynn CARR EI shall not be held liable for any non-substantial errors that may affect the characteristics of the items.
However, the photographs and other reproductions of the items are only indicative and have no contractual value.
Lynn CARR EI only has an obligation of means for all stages of access to the Site, the order process, delivery or subsequent services; it may not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service or failure of the customer’s connection to the Site, external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with the law and case law.
In the event that one of the clauses of this contract is rendered null and void by a change in legislation or regulations or by a court ruling, this shall in no way affect the validity of or compliance with these general terms and conditions of sale, nor call into question the validity of the other provisions, which shall continue to apply.
Article 4 – Confidentiality of personal data.
Lynn CARR EI undertakes to respect the confidentiality of personal data communicated on the www.mycoartsstudio.com website and to process such data in accordance with the provisions of the French Data Protection Act of 6 January 1978.
You are reminded that when you place an order, Lynn CARR EI collects personal data.
This data is required to process the order and may be communicated in whole or in part to Lynn CARR EI’s contractual partners involved strictly in the execution of the order.
The customer is informed that this same personal data is also collected by the organisation in charge of analysing orders and combating credit card fraud.
Information and data concerning our customers are necessary for the management of orders and commercial relations. In accordance with the French Data Protection Act of 6 January 1978, amended by the Act of 6 August 2004, all customers have the right to access, oppose and rectify their personal data. All they have to do is send us an e-mail stating their surname, first name, e-mail and address to: mycoartsstudio@gmail.com
Article 5 – Ordering by Internet on the Site
Ordering on the Site is subject to strict compliance with the procedures set out in a succession of different screens indicating the steps that the customer must follow in order to validate the order.
Article 6 – Conditions for ordering items
To place an order on the Site, the customer must be of legal age, have legal capacity and hold a bank account. Clicking on the “Validate and Pay” button implies that the customer is obliged to pay the price indicated. The customer then guarantees that he/she is fully authorised to use the means of payment with which he/she pays for the order, and that this means of payment gives access to sufficient funds to cover all costs resulting from his/her order. The order shall only become effective once the corresponding price has been paid in full. The products remain the property of Lynn CARR EI until the price has been paid in full.
Orders will be accepted while stocks last. To this end, the customer is informed at the time of placing the order of the availability of the products.
If the items ordered are no longer available, Lynn CARR EI will inform the customer by e-mail as soon as possible and refund the invoiced price by bank transfer or to the card used for payment.
Lynn CARR EI shall be entitled to refuse any order placed by a customer with whom there is a dispute relating to the payment of a previous order.
If Lynn CARR EI finds that the order does not comply with these general terms and conditions of sale, they will inform the customer by telephone or e-mail within a maximum of six (6) days.
If the customer fails to contact Lynn CARR EI to correct the erroneous elements or those that are contrary to these general terms and conditions of sale, Lynn CARR EI reserves the right to cancel the order outright.
Article 7 – Terms of payment
In the event that, for any reason whatsoever (opposition, refusal by the issuing centre, etc.), it proves impossible to debit the sums due by the customer, the order will not be registered by Lynn CARR EI.
The amount due by the customer is the amount indicated on the order confirmation sent by e-mail to the customer.
Payment shall be made:
– By bank card (Visa – MasterCard – Carte Bleue), unless the server is unavailable, immediately on the Internet.
In any event, Lynn CARR EI reserves the right to refuse any order or delivery in the event of an existing dispute with the customer, total or partial non-payment of a previous order by the customer, refusal of authorisation for payment by bank card, non-payment or partial payment, use of a bank card not issued by a French financial institution. Lynn CARR EI may in no case be held liable in this respect.
Article 8 – Transaction security
For payment by bank card, www.mycoartstudio.com has chosen Stripe and its secure payment interface as its partners.
At the time of payment you will automatically be directed to the Stripe payment platforms.
You will then be able to transmit your bank details in complete security as the data is encrypted using the “Secure Socket Layer” security system (SSL technology). www.mycoartstudio.com does not have access to your bank details at any time.
Article 9 – Proof of order
E-mails will be considered as proof between the parties, as will the automatic recording systems used on the Site, particularly with regard to the nature and date of the order.
Article 10 – Price of items
The prices displayed on the Site are indicated in Euros and include all taxes, excluding delivery costs. All orders, whatever their origin, are payable in euros.
The prices invoiced are those in force on the date of the order.
The amount of the transport costs for delivery of the items will be automatically displayed on the Site when the shipping method chosen by the customer is confirmed, and will be communicated again to the customer when the order is confirmed by e-mail.
Orders to countries outside the European Union are subject to any taxes and customs duties applicable in the country of destination. These costs and the related formalities are the responsibility of the Customer. They must be paid directly to the carrier at the time of delivery.
The Customer is also responsible for checking whether the products ordered can be imported under the laws of the country of delivery.
In accordance with the provisions of article L.121-19 of the French Consumer Code, the customer will receive, at the time of delivery, for each of the items, confirmation of the price paid and the delivery charges payable by the customer in the form of an invoice sent by e-mail.
Lynn CARR EI reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the rate in force at the time the order is validated.
As soon as you take physical possession of the products ordered, the risks of loss or damage to the products are transferred to you.
Article 11 – Delivery
11-1 Procedure
Items can only be delivered once payment for the order has been received, to the delivery address indicated by the customer on the http://www.mycoartsstudio.com website.
Packages are sent to the delivery address indicated by the customer when ordering on the http://www.mycoartsstudio.com website.
Orders are dispatched between 2 and 6 working days from receipt of payment, unless a longer delivery time is specified on the product information page, to Lynn CARR EI’s account for credit card payments. This period includes the creation (for certain models) and preparation of your order.
11-2 Transport costs
Our shipments are sent by registered letter from La Poste, Colissimo or Delivengo.
It is sent to the delivery address indicated on your order form. It is therefore important to be precise when filling in the relevant fields.
Delivery charges cannot be disputed by the customer, as they must have been aware of them when paying for their order. Delivery charges are not refunded in the event of cancellation of an order after it has been dispatched and will therefore be deducted from the amount of the refund made by www.mycoartsstudio.com, which will be made within thirty (30) days of the cancellation.
11-3 Customs duties
Any order placed on mycoartsstudio.com and delivered outside metropolitan France may be subject to possible taxes and customs duties that may be imposed when the package reaches its destination.
These customs duties and any taxes associated with the delivery of an item are at your expense and are your sole responsibility.
We are not in a position to check the customs duties and taxes applicable.
To find out, we advise you to contact the relevant authorities in your country.
11-4 Responsibility for transport
Once the parcel has been placed in a letterbox or delivered to the post office, Lynn CARR EI cannot be held responsible for any damage or loss during the collection of the parcel by the postal services. Lynn CARR EI also declines all responsibility in the event of excessively long delivery times due to postal services, customs, or means of transport or strikes. The risks associated with the transport of goods are borne by the customer, who must lodge a reasoned protest with the postal services or the carrier.
Similarly, it is your responsibility to check that the letter or parcel is intact and undamaged. If the letter or parcel is likely to have been opened, or shows obvious signs of damage, you may make any reservations and complaints to the postman or delivery person, or even refuse the letter or parcel. These reservations and complaints must be sent by registered letter with acknowledgement of receipt to the delivery company within three working days of delivery of the product. A copy of this letter must be sent to us by e-mail to the following address: mycoartsstudio@gmail.com.
11-5 Unsuccessful delivery
Any return of mail following an unsuccessful delivery (wrong address, forgotten door code, staircase number, wrong name on the intercom, etc.) to the sender Lynn CARR EI, will result in additional time being required to process the order and resend it, as well as an additional cost, at your expense, of the equivalent to the initial delivery charge, per order for resending it.
The customer must ensure upon receipt that the items delivered to him/her correspond to his/her order, as despite all the care taken by Lynn CARR EI in preparing the packages, it is possible that a product may be missing. Any missing item must be notified to the mycoartsstudio.com customer service department within 3 days of receipt of the parcel, by e-mail to mycoartsstudio@gmail.com or by registered post addressed to Lynn CARR, 655 route de la Besse, 87500 Coussac-Bonneval, France. Any claim made after this deadline will be rejected and Lynn CARR EI will be released from any liability. If the aforementioned conditions are met, Lynn CARR EI will then issue a credit note with a view to reimbursing the missing product(s) or re-sending it (subject to the buyer’s request being well-founded).
Article 12 – Conformity
The essential characteristics of each item are described on the www.mycoartsstudio.com website.
The customer therefore acknowledges that he/she has checked all the information relating to the item prior to purchase and that the item complies with his/her request.
In the event of non-conformity of a product sold (visual, size, and non-conformity of the description of the article), it may be kept and benefit from a price reduction or returned and exchanged or reimbursed. This is why, on receipt of the order, the customer must check that the products received conform to the order. Any anomaly concerning a defective product must be notified to mycoartsstudio.com’s customer service department within 3 days of receipt of the parcel, by email to mycoartsstudio@gmail.com or by registered post addressed to Lynn CARR, 655 route de la Besse, 87500 Coussac-Bonneval, France. Photos of your parcel, the products and the original packaging will be requested in order to follow up a potential refund. Any claim made after this deadline will be rejected and Lynn CARR EI will be released from any liability.
Lynn CARR EI reserves the right to ask the customer to return the defective product within 7 days of validation of the return.
Article 13 – Guarantee
In the event of a physical problem, our items are guaranteed for 1 month after dispatch. In order to benefit from the product guarantee, it is essential to keep the purchase invoice for the product. This guarantee only covers design defects.
Under no circumstances can it be applied in the event of
– abnormal or improper use of the products. In this respect, we invite you to carefully consult the maintenance advice,
– Defects and their consequences arising from use that does not comply with the use for which the product is intended,
– defects and their consequences due to any external cause.
Lynn CARR EI shall be responsible for determining whether the product has been used in accordance with the customer’s advice and the photos of the damaged or defective product.
In this case, if your product is defective, please contact us via mycoartsstudio@gmail.com for an exchange. You will need proof of purchase (invoice) and photos of the product.
After this guarantee period, you will be invoiced for the repair and the return postage costs.
Article 14 – Exchange and refund:
In the event of an exchange or return, the customer must return the items in question in their original packaging, in perfect condition, complete and accompanied by a copy of the invoice, all addressed to Lynn CARR, 655 Route de la Besse, 87500 Coussac-Bonneval France. Your purchase must be returned within 14 days of receipt of your order or validation of the return.
The method of return used by the customer must be the same as for the initial delivery (by registered letter or parcel post). The cost of returning the goods is borne by the customer.
We would like to point out that in the case of a return, the customer is the sender of the parcel and is therefore responsible for any damage to the product during the return. If the product is damaged, it will be returned to the customer and the shipping costs may be refunded.
Upon receipt of the returned product, if the above-mentioned conditions are met, Lynn CARR EI will exchange the item in question within 15 days. If it is not possible to exchange the returned item, Lynn CARR EI will refund the invoiced price of the non-conforming items returned, by credit card re-credit, cheque or bank transfer, within 30 (thirty) days of receipt at the latest.
Earrings cannot be returned or exchanged for reasons of hygiene, unless the product is faulty.
The provisions of this article do not prevent you from benefiting from the right of withdrawal set out in article 15.
Article 15 – Right of withdrawal and return of items
In accordance with the provisions of articles L.121-20 et seq. of the French Consumer Code, the customer has a right of withdrawal which may be exercised, without having to give any reason, within fourteen (14) clear days of receipt of the items.
Prior to any return of a product, the customer must notify his or her intention to withdraw by sending an unambiguous statement to the following address: mycoartsstudio@gmail.com, specifying the order number.
In this case, he/she may return the items delivered within this period, at his/her expense and risk, in their original packaging, in perfect condition, complete and accompanied by a copy of the invoice to Lynn CARR, 655 Route de la Besse, 87500 Coussac-Bonneval France.
In all cases, the cost of returning the goods shall be borne by the customer and the method of return used by the customer shall be the same as for the initial delivery (by registered letter or parcel post). The customer is the sender of the parcel and is therefore responsible for any damage to the product during the return. If the product is damaged, it will be returned to the customer, who may be asked to reimburse the shipping costs.
The invoiced price of the returned items (minus any shipping fees paid at time of purchase) shall be reimbursed, with the exception of return costs which shall be borne by the purchaser, by credit card re-credit or bank transfer, at the latest within 30 (thirty) days following receipt of the returned items by Lynn CARR EI.
In the event of a complaint, you may contact us by post: Lynn CARR, 655 route de la Besse, 87500 Coussac-Bonneval France or by e-mail: mycoartsstudio@gmail.com .
ATTENTION: Earrings cannot be returned or exchanged, so article 15 is no longer valid, for reasons of hygiene which make the product unsaleable afterwards.
Article 16 – Intellectual Property Rights
The Site remains the exclusive property of Lynn CARR EI, who has created and put online the web pages, images and script sources and the basic data making it up.
The Services and all IT tools used by Lynn CARR EI in connection with the Services contain confidential information which is protected in particular by intellectual property law.
Any partial or total reproduction or representation for any other purpose on any medium whatsoever is prohibited, except with the express prior authorisation of Lynn CARR EI in its capacity as author to modify, integrate the technical elements of the Services into a derivative work or use any other method to attempt to access the source code or protocols. Failure to comply with this prohibition constitutes an infringement of copyright which may give rise to civil and/or criminal liability on the part of the infringer, against whom Lynn CARR EI reserves the right to claim compensation for its entire loss.
You also acknowledge that all content present on the Lynn CARR EI website is protected by copyright, trademark law, patent law or any other intellectual property right recognised by the legislation in force.
Article 17 – Disputes – Applicable law and jurisdiction
These general terms and conditions of sale are subject to French law. Any dispute arising from the interpretation of these provisions shall be submitted to the courts.
Article 18 – Personal data
18 – 1. General
Lynn CARR EI undertakes to process the personal data collected in accordance with the regulations in force. In this context, Lynn CARR EI undertakes, unless otherwise provided for by law, to obtain the consent of its Customers each time it collects personal data concerning them (for example by means of cookies). This data is collected and processed for the purposes of customer management, customer loyalty and promotion, statistics, management of unpaid invoices, litigation and customer reviews. It is kept for the time strictly necessary to fulfil these purposes and is never communicated to third parties, unless this is necessary for the performance of the GTC. The fact that a Customer does not communicate to Lynn CARR EI the data concerning him/her indicated as being compulsory may result in it being impossible to use the Site. Customers have the right to withdraw their consent, portability, access, rectification, updating and deletion of their data, which they may exercise by contacting Lynn CARR EI’s customer service department.
Customers’ personal data is collected for the following purposes:
– managing Orders and relations with Customers
– informing Customers of offers and commercial information relating to the brand
– reinforcing and improving the communication of the Web Site and the brand by sending, in particular, newsletters and special offers according to the Customer’s preferences noted on the Web Site;
– improving and personalising the services offered to Customers
– and to comply with legal and regulatory obligations.
18 – 2 Cookies
A cookie is a file installed on the computer, mobile phone, tablet or any other mobile terminal when accessing the Site for the purpose of storing, collecting and reading various information relating in particular to browsing habits (e.g. date and place of connection, language used, number and type of pages visited, browsing preferences, etc.). Lynn CARR EI uses cookies to enable its Customers to browse the Site and use its functions, to measure the Site’s audience and for the purposes of targeted advertising. Customers consent to this process by their presence on the Site.
Customers have the possibility of configuring, blocking or deleting cookies installed on their terminals by configuring the options of their browser in accordance with the recommendations of the CNIL available here: https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser
Lynn CARR EI is not responsible in any way whatsoever for the content or operation of any social networks, including those that may be linked to the Site.
When a Customer chooses to block the installation of cookies, it is likely that they will no longer be able to access certain features of the Site.
Article 19 – Disputes
Any dispute may be settled with our customer service department and, in the absence of an amicable settlement, the rules of jurisdiction will apply. However, the www.mycoartsstudio.com site reserves the right to summon the customer to appear before the court in the jurisdiction of which the customer’s domicile or registered office is located.
Article 20 – Non-waiver
It is agreed between www.mycoartsstudio.com and the users of the site that any failure or waiver by one of the parties in the application of all or part of the commitments set out in these general terms and conditions of sale shall not constitute a modification of this agreement, nor generate any right whatsoever, nor even be interpreted for the future as a waiver of the commitment in question.
Article 21 – Force majeure
The performance by Lynn CARR EI of all or part of there obligations shall be suspended in the event of the occurrence of a fortuitous event or force majeure which hinders or delays the performance thereof. The various cases recognised by case law are considered as such. In the event of such an act of God, www.mycoartsstudio.com will notify its customers by email within 7 days.
Article 22 – Applicable law and jurisdiction
These general terms and conditions of sale are subject to French law.
Article 23 – Customer service
For any information or questions, we are at your disposal by email at mycoartsstudio@gmail.com
These terms and conditions are available in French here.