GENERAL TERMS AND CONDITIONS OF SALE

Website: laoutoutacommence.com
Retail sign: Where it all began
SIRET: 800 513 392 00020
VAT number: FR26800513392
Email: contact@loutoutacommence.fr

ARTICLE 1 - SCOPE OF APPLICATION

These General Terms and Conditions of Sale (hereinafter "GTC") govern the contractual relationship between the brand "Là où tout a commencé" (hereinafter "the Seller"), a company registered with the RCS of Compiègne under SIRET number 800 513 392 00020, and any natural or legal person (hereinafter "the Customer") wishing to make a purchase on the website laoutoutacommence.com (hereinafter "the Site").

These terms and conditions are the only applicable terms and conditions and supersede all other conditions, unless otherwise agreed in advance, expressly and in writing.

The Seller reserves the right to modify these Terms and Conditions at any time. Modifications are binding as soon as they are published online. The applicable Terms and Conditions are those in effect on the date the order is validated.

By validating their order, the Customer acknowledges having read these Terms and Conditions and accepts them without reservation.

The Site is available in French.

ARTICLE 2 - PRODUCTS

The Seller offers for sale custom graphic designs, including:

Personalized posters (birth, wedding, birthday, events)
Personalized stationery items
Printing on various media

2.1. Product Characteristics

The products are described in detail on the Site, mentioning their essential characteristics (dimensions, materials, manufacturing times).

The photographs and images displayed on the Site are for illustrative purposes only and are not contractually binding. Displayed colors may vary slightly depending on the screen used and the printing process.

2.2. Customization

The products are personalized according to the information provided by the Customer (texts, photos, dates). The Customer agrees to:

Provide accurate and verified information
Use photos for which he owns the rights or which are royalty-free
Check the spelling and accuracy of all texts before submitting.
Ensure the quality and sufficient resolution of the images transmitted

The Seller shall not be held responsible for errors arising from information provided by the Customer, including but not limited to: spelling mistakes, date errors, insufficient quality of photos, non-compliance with copyright or image rights.

The Customer acknowledges having verified all personalization details before final order confirmation. No claims will be accepted regarding errors in the data provided by the Customer.

2.3. Color rendering and variations

The colors displayed on the Site may vary depending on:

The type of screen used (computer, tablet, smartphone)
Brightness and contrast settings
The printing process and the chosen medium
Lighting conditions during the viewing of the final product

These color variations inherent in digital printing and display processes do not constitute a defect of conformity and cannot give rise to a claim, refund or exchange.

The Client acknowledges and accepts these technical variations as an integral part of the personalization and printing process.

2.4. Availability

The products are made to order. In the event of temporary unavailability, the Customer will be informed as soon as possible and may choose to cancel their order with a full refund.

ARTICLE 3 - ORDER

3.1. Ordering Procedure

To place an order, the Customer must follow these steps:

Select the product(s) and add them to your cart
Product customization (if applicable)
Checking the basket and quantities
Creating a customer account or logging in
Choice of delivery method
Order summary check
Acceptance of these Terms and Conditions (mandatory checkbox)
Payment confirmation

The order is only final after confirmation of payment by the bank.

3.2. Order Confirmation

An order confirmation is sent to the Customer by email as soon as possible after payment is validated. This email summarizes the products ordered, the total amount, and the delivery address.

The customer has 24 hours from receipt of this confirmation to report any errors in the personalization details they provided. After this period, production will begin and no changes will be accepted.

The absence of any objection within this period constitutes final acceptance of all elements of the order.

3.3. Modification or cancellation

Any request for modification or cancellation must be sent to the Seller as soon as possible, and imperatively within 24 hours of order confirmation, by email to contact@loutoutacommence.fr.

The Seller reserves the right to accept or refuse this request depending on the progress of the order.

Once production has started (usually within 24 to 48 hours), no changes or cancellations can be accepted, as the product is personalized and already in production.

In the event of cancellation after the start of production, no refund will be issued, as the Client is deemed to have definitively validated their order.

ARTICLE 4 - PRICE

Prices are shown in euros (€), including all taxes (TTC).

The Seller benefits from the VAT exemption scheme and therefore does not charge VAT in accordance with Article 293 B of the General Tax Code.

The prices shown include manufacturing costs but exclude delivery charges , which are indicated separately before order confirmation.

The Seller reserves the right to change its prices at any time. Orders are billed at the price in effect at the time of validation.

ARTICLE 5 - PAYMENT

5.1. Payment terms

Payment is made online, at the time of ordering, via:

Credit card (Visa, Mastercard, American Express)
PayPal
Other payment methods offered on the Shopify platform

5.2. Security

Payments are secured by the Shopify Payments platform. The customer's bank details are encrypted and are not transmitted unencrypted over the internet. The seller never has access to the customer's bank details.

5.3. Validation

The order is only confirmed after payment has been validated by the financial institution. In case of payment refusal, the order is automatically cancelled.

ARTICLE 6 - DELIVERY

6.1. Delivery Area

The Seller delivers to mainland France, Belgium, Luxembourg, the Netherlands, Germany and other countries of the European Union depending on availability.

For all deliveries outside mainland France, customs duties or local taxes may apply. These charges are the sole responsibility of the customer.

6.2. Delivery address

Products are delivered to the address provided by the Customer when placing the order. The Customer must ensure the accuracy of this address. In case of error, the Customer will be responsible for the reshipping costs.

6.3. Delivery times

The indicative delivery times are:

Production: 48 to 72 hours (2 to 3 business days) after payment confirmation
Shipping within mainland France: 2 to 4 business days
Shipping to Belgium, Luxembourg, the Netherlands, and Germany: 3 to 5 business days

This represents an estimated total delivery time of 4 to 7 working days from the date of order confirmation for mainland France.

These delivery times are given as a guide and may vary depending on the workload and constraints of the carrier.

6.4. Carrier

Orders are shipped via La Poste or a private carrier, at the Seller's discretion. A tracking number is sent to the Customer by email as soon as the package is shipped.

6.5. Reception and verification

Upon receipt of the package, it is imperative that the Customer check the condition of the packaging and the products in the presence of the delivery person .

In case of visible damage (package dented, torn, open, wet), the Customer MUST :

Refuse the package or make specific and detailed written reservations on the carrier's delivery note
Take photos of the damaged package and its contents
Inform the Seller within 48 hours by email at contact@loutoutacommence.fr with the photos

IMPORTANT : In accordance with Article L.133-3 of the French Commercial Code, in the absence of written reservations on the delivery note, no subsequent claim for damage or partial loss will be considered. Acceptance without reservation constitutes acceptance of the conformity of the package.

No claim will be accepted without written reservations on the delivery note and without supporting photos.

6.6. Non-receipt and absence

If you are not home when the delivery is attempted, a delivery notice will be left. The package will be available at a collection point or post office for 15 days.

After this 15-day period, the package will automatically be returned to the Seller. In this case:

No refunds will be issued.
The customer will be fully responsible for the return shipping costs (if requested).
The Seller reserves the right to charge additional return shipping fees

The Customer is solely responsible for collecting their package within the allotted time.

ARTICLE 7 - RIGHT OF WITHDRAWAL

7.1. Legal exclusion of the right of withdrawal

In accordance with Article L.221-28 of the Consumer Code, the 14-day right of withdrawal does not apply to goods made to the consumer's specifications or clearly personalized .

Since all products offered on the Site are exclusively personalized creations, made to measure according to the specific information, texts, photos and choices of the Client, no right of withdrawal can be exercised.

The Customer expressly acknowledges and accepts this legal exclusion of the right of withdrawal when validating their order.

7.2. Final nature of the order

The order confirmation for personalized products is final and irrevocable . The Customer may not withdraw from, cancel, or obtain a refund, except in the cases provided for in Article 8 (defective or non-conforming products).

7.3. Exception - Defective or non-conforming products

This exclusion of the right of withdrawal does not apply in the case of defective products or products that do not conform to the order placed (see Article 8).

ARTICLE 8 - GUARANTEES AND CLAIMS

8.1. Guarantee of conformity

The Customer benefits from the legal guarantee of conformity provided for in Articles L.217-4 et seq. of the Consumer Code.

In the event of non-conformity, the Client has a period of 2 years from receipt to take action.

8.2. Complaint Procedure

Any claim must be made within 7 calendar days of receiving the product, by email to contact@loutoutacommence.fr, specifying the following:

The order number
The exact and detailed nature of the problem observed
Clear and sharp photos of the product as a whole and of any defects observed.
The delivery note with any reservations noted

After this 7-day period, no claim will be accepted , the product being deemed compliant and accepted by the Customer.

Conditions for the admissibility of the claim:

The product must be in its original condition, unused, unhung, and unframed.
The original packaging must be kept
The photos must clearly identify the alleged defect.
The claim must relate to a manufacturing defect attributable to the Seller

8.3. Proposed solutions

In the event of a non-conforming or defective product strictly attributable to the Seller (manufacturing error, printing defect, wrong product shipped), and after validation of the claim by the Seller, the Seller will offer, at its sole discretion :

Replacing the defective product
A credit note for the amount of the order, valid for 6 months
Refunding, as a last resort

The Seller reserves the right to examine the returned product before making any decision. Return and reshipment costs will be borne by the Seller only if the defect is proven to be attributable to the Seller.

The refund will in no case exceed the amount actually paid by the Customer for the product in question.

8.4. Warranty Exclusions and Limitations

The Seller shall not be held liable under any circumstances and no claims will be accepted in the following cases:

Customer Errors:

Spelling, grammar, or typing errors in the submitted texts
Errors in dates, first names, personal information
Insufficient quality of the photos provided (resolution, sharpness, format)
Blurry, pixelated, or poor-quality photos
Failure to comply with the communicated technical specifications

Normal technical variations:

Color variations between screen and print (see article 2.3)
Slight variations in shade are inherent to the printing process.
Minor dimensional differences (tolerance of +/- 2mm)

Improper use or storage:

Products damaged upon receipt
Products that have already been used, hung, framed or handled
Damage caused by prolonged exposure to sun, humidity or heat
Defects resulting from improper handling or storage

Subjective assessment:

Dissatisfaction related to the aesthetic result or style (personal tastes)
"Disappointment" compared to customer expectations
Product "different from what I imagined"

Intellectual property rights:

Use by the Client of protected content (photos, logos, texts) without authorization
Third-party claims for copyright or image rights infringement

Force majeure and transport:

Damage occurring during transport without reservations noted on the delivery slip
Delivery delays attributable to the carrier
Package not collected within the allotted time

ARTICLE 9 - LIABILITY AND LIMITATION OF WARRANTY

9.1. General Limitation of Liability

The Seller undertakes to implement all necessary means to ensure quality service and products. However, its liability is strictly limited to the amount of the order in question .

The Seller shall under no circumstances be held liable for:

Indirect or intangible damages:

Loss of profits, loss of revenue, loss of business opportunity
Commercial or financial damage
Loss of customers, damage to image or reputation
Waste of time, inconvenience, disruption
Moral or emotional harm
Any consequential or indirect damage of any kind whatsoever

Force majeure:

Events beyond his control (natural disasters, fires, floods)
Strikes, social conflicts, transport blockades
Telecommunications network failures, computer malfunctions, cyberattacks
Epidemics, pandemics, government or regulatory decisions
Failure of third-party suppliers or service providers

Customer Facts:

Abnormal or improper use of products
Failure to comply with instructions for use or storage
Providing incorrect, incomplete or misleading information
Violation of third-party intellectual property rights

9.2. Warranty Limitation

The Seller does not guarantee:

The Client's subjective satisfaction with the aesthetic result
The perfect match between the colors displayed on the screen and the printed colors
The accuracy of the information provided by the Client
The resolution or quality of the photos provided by the Client
The absence of any infringement of third-party rights in the content provided by the Client

9.3. Carrier's Liability

The Seller cannot be held responsible for delays, losses, or damages caused by the carrier after delivery of the package. The Customer must contact the carrier directly in the event of any shipping-related dispute.

9.4. Site Availability

The Seller strives to ensure the Site is available 24/7, but cannot guarantee it. The Site may be temporarily unavailable due to maintenance, updates, technical failures, or force majeure events.

The Seller shall not be held liable for any interruption, malfunction, bug or loss of data affecting the Site, whatever the cause.

9.5. Liability Cap

In all circumstances, the Seller's total liability, for all damages combined, is strictly limited to the amount actually paid by the Customer for the order in question , excluding any other loss or damages.

ARTICLE 10 - INTELLECTUAL PROPERTY

10.1. Seller's Rights

All elements of the Site (logos, texts, images, graphics, designs) are protected by intellectual property rights and belong to the Seller or its partners.

Any reproduction, representation, use or adaptation without express authorization is strictly prohibited and constitutes an infringement punishable under the Intellectual Property Code.

10.2. Customer Responsibility

The Client guarantees that it holds all necessary rights to the content it provides (photos, texts, logos) for the personalization of its products.

The Client agrees not to infringe the rights of third parties and to indemnify the Seller against any claim in this regard.

ARTICLE 11 - PERSONAL DATA

11.1. Collection and use

The personal data collected (name, surname, address, email, telephone) are necessary for the processing and delivery of orders.

This data is processed in accordance with the General Data Protection Regulation (GDPR) and the French Data Protection Act of 6 January 1978.

11.2. Customer Rights

In accordance with the GDPR, the Client has a right:

Access, rectification and deletion of your data
Opposition and limitation of processing
To the portability of its data

These rights can be exercised by contacting the Seller at the email address indicated in the header.

11.3. Data Retention

Personal data is retained for:

Duration of the business relationship : as long as the customer account is active
Legal obligations : 10 years for accounting and tax data (Article L.123-22 of the Commercial Code)
Complaints management : 3 years from the end of the business relationship
Sales prospecting : 3 years from the last contact

Upon expiry of these periods, the data is deleted or anonymized irreversibly.

11.4. Security

The Seller implements all appropriate technical and organizational measures to protect personal data against unauthorized access, loss or disclosure.

ARTICLE 12 - FORCE MAJEURE

The Seller shall not be held liable for the non-performance of its obligations in the event of force majeure, as defined by French case law, in particular:

Natural disasters
Fires, floods
Strikes, social conflicts
Failure of telecommunications or supply networks
Government or regulatory decisions

In the event of force majeure, the Seller will inform the Customer as soon as possible and will offer, as appropriate, to postpone or cancel the order with a refund.

ARTICLE 13 - CUSTOMER SERVICE

For any questions, information or complaints, customer service can be reached:

By email: contact@loutoutacommence.fr
Response time: within a maximum of 48 business hours

All complaints must be submitted in writing (email) and include:

The Client's full contact details
The order number
A precise and detailed description of the reason for the complaint
All supporting documents (photos, screenshots, etc.)

Telephone or verbal complaints will not be considered.

The Seller undertakes to provide a response within a maximum of 7 working days following receipt of the complete written complaint.

ARTICLE 14 - MEDIATION AND DISPUTE RESOLUTION

14.1. Mandatory prior complaint

In the event of a dispute, the Customer must, before taking any other action , contact the Seller's customer service by email at contact@loutoutacommence.fr to seek an amicable solution.

The Seller has 60 days to review the claim and propose a solution.

The absence of a prior complaint to the Seller renders any subsequent request for mediation or legal action inadmissible.

14.2. Consumer Mediation

In the event of failure of the amicable claim or in the absence of a response from the Seller within 60 days, the consumer Client may resort free of charge to a consumer mediator, in accordance with Articles L.612-1 et seq. of the Consumer Code.

Competent mediator:
Consumer Mediation Centre of Justice Conciliators (CM2C)
14 rue Saint-Jean
75017 Paris
Email: cm2c@cm2c.net
Website: https://www.cm2c.net

Conditions for resorting to mediation:

Having previously attempted to resolve the dispute directly with the Seller
The dispute must fall within the jurisdiction of the mediator (consumer disputes).
The request must be submitted within a maximum period of one year after the written complaint to the Seller.

Recourse to mediation is optional and does not prevent the Client from taking legal action.

14.3. European Online Dispute Resolution Platform

For cross-border disputes, the European Commission provides an online dispute resolution platform accessible at: https://ec.europa.eu/consumers/odr

14.4. Waiver of mediation

The Seller reserves the right to refuse mediation if:

The request is clearly unfounded or abusive
The dispute has already been examined or is currently being examined by another mediator or by a court.
The Customer did not attempt to resolve the dispute beforehand with the Seller
The application is filed more than one year after the written complaint

ARTICLE 15 - APPLICABLE LAW AND JURISDICTION

15.1. Applicable Law

These Terms and Conditions are governed by French law.

15.2. Competent Jurisdiction

In the event of a dispute and failing an amicable solution, the French courts shall have sole jurisdiction.

In accordance with Articles 42 and 46 of the Code of Civil Procedure, the competent court will be, at the Client's discretion:

The one from his place of residence
The one from the place of actual delivery

ARTICLE 16 - GENERAL PROVISIONS

16.1. Partial Nullity

If any clause of these Terms and Conditions is declared null and void or unenforceable, it shall be deemed unwritten, but shall not invalidate the other clauses which shall continue to have effect.

16.2. Completeness

These General Terms and Conditions constitute the entire agreement between the Seller and the Customer and supersede all prior written or oral agreements.

16.3. Languages

In the event of a translation of these Terms and Conditions, only the French version shall be valid in the event of a dispute.

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