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Legal notices and T&Cs

Legal Notice

Under article 6 of law no. 2004-575 of June 21, 2004 for confidence in the digital economy, users of the site are informedwww.totemnature.com the identity of the various stakeholders in the context of its implementation and monitoring:

Property: This site is the property of TOTEM nature, registered in the BOBIGNY trade and companies register under number 440822062

SIRET No.: 44082206200038
The head office : 104 RUE Edouard Vaillant 93100 Montreuil, France
Owner: Joséphine Busquère, 104 RUE Edouard Vaillant 93100 Montreuil, France

Creator: Joséphine Busquère

Director of publication: Joséphine Busquère,josephine.busquere@totemnature.com

 

www.totemnature.com is created withWix, which provides the online e-commerce platform allowing TOTEM nature to sell its services and products.

Hosting: Wix

Wix Online Platform Limited

1 Grant’s Row, Dublin 2 D02HX96, Ireland


Your data is stored in the Wix data storage system and databases, and in the general Wix application. Your data is stored on a secure server protected by a firewall.

TERMS OF USE

Use of the sitewww.totemnature.com implies full acceptance of the general conditions of use described. These conditions of use may be modified or supplemented at any time, users of the sitewww.totemnature.com are therefore invited to consult them regularly.

This site is normally accessible to users at any time. An interruption for reasons of technical maintenance may however be decided byTOTEM nature, which will then endeavor to communicate to users in advance the dates and times of the intervention.

The sitewww.totemnature.com is updated regularly byTOTEM nature. In the same way, the legal notices can be modified at any time: they are nevertheless binding on the user who is invited to refer to them as often as possible in order to read them.

 

DESCRIPTION OF SERVICES PROVIDED

The sitewww.totemnature.com aims to provide information regarding all of the company's activities.

TOTEM nature strives to provide on the sitewww.totemnature.com information as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and deficiencies in the update, whether due to itself or the third party partners who provide it with this information.

All information indicated on the sitewww.totemnature.com are given for information purposes only, and are subject to change. Furthermore, the information appearing on the sitewww.totemnature.com are not exhaustive. They are given subject to modifications having been made since they were put online.

CONTRACTUAL LIMITATIONS ON TECHNICAL DATA

The website cannot be held responsible for material damage linked to the use of the site. In addition, the user of the site undertakes to access the site using recent equipment, not containing viruses and with an updated latest generation browser.

INTELLECTUAL PROPERTY AND COUNTERFEITS

Joséphine Busquère is the owner of the intellectual property rights or holds the usage rights on all elements accessible on the site, in particular texts, images, graphics, logos, icons.

In accordance with articles L. 716-1 et seq. of the Intellectual Property Code, any total or partial reproduction of the elements of the site, whatever the means or process used without the express prior written authorization of Joséphine Busquère is prohibited. , whatever the framework and media used for this use and liable to sanctions, particularly criminal ones.

“TOTEM nature” is a trademark registered with the INPI.

 

LIMITATIONS OF LIABILITY

TOTEM nature cannot be held responsible for direct or indirect damage caused to the user's equipment when accessing the site.www.totemnature.com, and resulting either from the use of equipment that does not meet the specifications indicated above, or from the appearance of a bug or incompatibility.

MANAGEMENT OF PERSONAL DATA

In France, personal data is notably protected by law n° 78-87 of January 6, 1978, law n° 2004-801 of August 6, 2004, article L. 226-13 of the Penal Code and the European Directive of October 24, 1995.

When using the sitewww.totemnature.com, can be collected: the URL of the links through which the user accessed the sitewww.totemnature.com, the user's access provider, the user's Internet protocol (IP) address.

In any caseTOTEM nature only collects personal information relating to the user for the purposes of certain services offered by the sitewww.totemnature.com. The user provides this information in full knowledge of the facts, particularly when he enters it himself. It is then specified to the user of the sitewww.totemnature.com the obligation or not to provide this information.

In accordance with the provisions of articles 38 and following of law 78-17 of January 6, 1978 relating to data processing, files and freedoms, any user has a right of access, rectification and opposition to personal data concerning him, by making his written and signed request, accompanied by a copy of the identity document with signature of the holder of the document, specifying the address to which the response must be sent.

No personal information of the site userwww.totemnature.com is not published without the user's knowledge, exchanged, transferred, assigned or sold on any medium to third parties.

Only the hypothesis of the repurchase ofTOTEM nature and its rights would allow the transmission of said information to the possible purchaser who would in turn be bound by the same obligation of conservation and modification of data with respect to the user of the sitewww.totemnature.com.

The databases are protected by the provisions of the law of July 1, 1998 transposing directive 96/9 of March 11, 1996 relating to the legal protection of databases.

COOKIES

 

Navigation on the sitewww.totemnature.com may cause the installation of cookie(s) on the user's computer. A cookie is a small file, which does not allow the identification of the user, but which records information relating to the navigation of a computer on a site. The data thus obtained aims to facilitate subsequent navigation on the site, and is also intended to enable various traffic measurements.

Refusing to install a cookie may result in it being impossible to access certain services. The user can, however, configure their computer to refuse the installation of cookies.

APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION

Any dispute relating to the use of the sitewww.totemnature.com is subject to French law. Exclusive jurisdiction is granted to the competent courts of Paris.

MAIN LAWS CONCERNED

Law No. 78-17 of January 6, 1978, notably amended by Law No. 2004-801 of August 6, 2004 relating to computing, files and freedoms.

Law No. 2004-575 of June 21, 2004 for confidence in the digital economy.

Terms of Sales

SARL TOTEM nature is registered in the BOBIGNY Trade and Companies Register under number 981160138
SIRET NO.: 98116013800013
Head office: 104 RUE Edouard Vaillant 93100 Montreuil, France
Owner: Joséphine Busquère, 104 Rue Edouard Vaillant 93100 Montreuil, France
e-mail: info@totemnature.com
website: www.totemnature.com
 
The TOTEM nature brand develops, produces and markets a variety of plant-based products for "well-being", natural home fragrances, decorative objects and fumigation bouquets.
In order to meet customer demand, the brand has set up this Internet mail-order site, offering a selection of TOTEM nature products.

1. SCOPE OF APPLICATION

The present General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by the Vendor with non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale ("Products") by the Vendor on the www.totemnature.com website.
These General Terms and Conditions of Sale are accessible at all times on the www.totemnature.com website and shall prevail over any other document.
The Customer acknowledges having read, at the time of placing the order, the special terms and conditions of sale set out on the site, and expressly declares accepting them without reservation.

2. PRODUCTS

TOTEM nature offers a range of products, some of which are handmade. Naturally, these may be subject to slight variations in shape, weight, size and color.

Products may be added to or withdrawn from the catalog. These modifications are applicable to orders placed after they have been withdrawn or placed online. The sales offer presented on the www.totemnature.com website is valid as long as the products are present on the site and within the limits of available stocks.

3. PRICE

The Products are supplied at the current prices shown on the www.totemnature.com website, at the time the order is registered by the Vendor. Prices are expressed in Euros and include VAT.

Shipping costs are indicated before the order is validated, and depend on the weight of the order and the delivery method chosen.

Any order placed on the site and delivered outside France may be subject to possible taxes and customs duties imposed when the parcel reaches its destination. These customs duties and taxes are the responsibility of the customer. TOTEM nature is not obliged to check and inform its customers of applicable customs duties and taxes. It is the customer's responsibility to check with the relevant authorities in his or her own country.

4. ORDER

In the event of a previous dispute with a user, TOTEM nature reserves the right to cancel any order.

TOTEM nature reserves the right to suspend all order processing and deliveries in the event of non-payment.
At the time of ordering, TOTEM nature will inform you of the availability of the products concerned. If the products are temporarily unavailable (out of stock, reissue, etc.) after the order has been placed, the user will be informed by e-mail and invited to cancel or modify the order.

The act of purchasing implies acceptance of these general conditions of sale. By confirming his/her order, the user accepts these terms and conditions in their entirety, and acknowledges that he/she is fully aware of them, thereby waiving the right to invoke any contradictory document.

5. PAYMENT

The user explicitly acknowledges his obligation to pay when validating the order. By validating an order on the www.totemnature.com website, the user acknowledges that placing an order implies payment of the order to TOTEM nature.
Payments are made by credit card directly on the www.totemnature.com website (via the Stripe secure platform). The user guarantees that the means of payment used is valid and not the result of a fraudulent transaction. TOTEM nature reserves the right to suspend any order or delivery in the event of non-payment.

6. DELIVERY

Delivery is made to the address indicated by the user at the time of ordering. The information provided by the user when placing an order is binding.

In the event of an error in the recipient's contact details, TOTEM nature shall not be held responsible for the impossibility of delivering the product. The risks will be transferred to the user from the date of shipment of the products.

Orders are generally dispatched within 1 to 2 working days of order validation. This time is indicative and may vary.
The delivery time then depends on the delivery method chosen by the user. Delivery times are indicative and non-contractual.

Exceeding delivery times shall not give rise to any cancellation of the order, any reduction in the price paid by the user, or any payment of damages, provided that the user receives delivery within 30 working days, i.e. 21 working days following confirmation of the order.

At the time of delivery, the user is obliged to check the condition of the parcel and its contents in the presence of the deliveryman (or the shopkeeper in the case of a parcel delivery service). In the event of any anomaly (damaged parcel, suspicious noise inside, missing or broken product, etc.), the user must notify the deliveryman or shopkeeper so that a note can be made on the delivery slip.

The user must also notify TOTEM nature by e-mail or post within 48 hours of delivery. If these instructions are not complied with, the order is deemed to have been delivered in conformity and no complaint can be taken into account.

In the case of a letterbox delivery, if the parcel shows obvious signs of damage (open or damaged box, sounds of breakage inside), the user is advised to go to the post office without delay to open the parcel in the presence of an agent and, if necessary, to make a claim for compensation.


In the event of the parcel being returned to the sender, either for failure to make a claim, or for lack of address or repeated absences on the part of the recipient, TOTEM nature undertakes to send the user a voucher for the amount of the order, valid for 6 months. In this case, shipping costs remain at the user's expense.

7. RIGHT OF WITHDRAWAL

All products sold benefit from the "satisfied or reimbursed" clause for 7 working days from the date of delivery in accordance with the provisions of the French Consumer Code, article L 121-20, unless otherwise specified on the days of sale.
 
The customer exercises his right of withdrawal in accordance with article L 121-20 of the French Consumer Code within 7 days of receipt of the goods. This right is exercised by returning the product to TOTEM nature.
Prior to any return, the user must contact TOTEM nature by e-mail at info@totemnature.com.
 
TOTEM nature recommends that the customer return the products by "colissimo suivi", with a recommendation or additional insurance guaranteeing, if necessary, compensation for the products up to their actual market value in the event of spoliation or loss of these goods.
 
Products must be returned in their original condition and packaging. It must not have been used, nor have suffered any damage, however slight, and it must be in a perfectly clean condition.
 
This right of retraction is exercised without penalty, with the exception of the cost of return, which remains at the customer's expense.

Within a maximum of 30 days from receipt of the returned product, the Customer will be reimbursed for the sums paid. To this end, the customer must provide TOTEM nature with his/her bank details.

8. CUSTOMER RELATIONS

For any question, information or complaint, TOTEM nature is at the user's disposal via the "contact" form, by e-mail at info@totemnature.com or by post at 104 rue Edouard Vaillant 93100 Montreuil.

9. RESPONSIBILITIES AND GUARANTEES

TOTEM nature undertakes to provide the user with a product that complies with his or her request and is liable for any defects in conformity that exist at the time of delivery of the products sold on www.totemnature.com.

In the event of delivery of a non-conforming product, the user must inform TOTEM nature as soon as possible by e-mail or by post, enclosing a clear photograph of the defects or damage.

In the event of a justified request, TOTEM nature undertakes to exchange the product for an identical one, or to reimburse the user in full for the price of the defective product, including return shipping costs. These provisions are not exclusive of the aforementioned right of withdrawal.

The warranty does not cover products damaged in transit or as a result of misuse.

TOTEM nature shall not be held liable in the event of failure to meet its contractual obligations due to an act of God or force majeure, as defined by case law.

TOTEM nature cannot be held responsible for the non-performance of the contract in the event of disruption or strike of delivery systems and companies, means of transport, means of communication or any other case of force majeure.

TOTEM nature declines all responsibility for mishandling, poor storage conditions or allergies. The products sold on the www.totemnature.com website cannot be considered as therapeutic products.

All information concerning the properties and benefits of plants is provided for information purposes only. If the user suffers from any form of health problem, only the advice of a medical professional should be taken into account.

9. SELLER'S LIABILITY - DISPUTES - APPLICABLE LAW
TOTEM nature shall not be held liable for damages of any kind, whether material, immaterial or bodily, which may result from improper use of the products sold.

In any event, TOTEM nature's liability shall be limited to the amount of the order and TOTEM nature shall not be held liable for any errors or omissions despite the precautions taken in the presentation and use of the products.

TOTEM nature shall not be held liable for breach of contract in the event of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communications, flood, fire. In the event of a dispute, the customer should first contact TOTEM nature for an amicable solution.

These general terms and conditions of sale in French shall be executed and interpreted in accordance with French law. Any dispute arising from their validity, interpretation or execution shall be submitted to the competent courts.

10. INTELLECTUAL PROPERTY RIGHTS

SARL TOTEM nature holds the intellectual property rights to the site and the right to distribute the items in the online store catalog, in particular the photographs, for which it has obtained the necessary authorizations from the persons concerned.
As such, and in accordance with the provisions of the French Intellectual Property Code, the partial or total reproduction, on any medium whatsoever, of the elements making up the site and the product catalog, their use as well as their provision to third parties, are formally prohibited.

11. INFORMATION TECHNOLOGY AND CIVIL LIBERTIES

Pursuant to the French Data Protection Act 78-17 of January 6, 1978, we remind you that the personal data requested from the Customer is necessary for the processing of the Customer's order and, in particular, for the preparation of invoices.
This data may be communicated to any of the Vendor's partners in charge of executing, processing, managing and paying for orders.
In accordance with current national and European regulations, the Customer has a permanent right of access, modification, rectification and opposition with regard to information concerning him or her.
This right may be exercised as described in the "legal information" section of the www.totemnature.com website.

12. MODIFICATION OF GENERAL TERMS AND CONDITIONS OF SALE

TOTEM nature reserves the right to modify the general terms and conditions of sale of products on the online store of its website www.totemnature.com.
 
In the event that any of the terms and conditions of sale are deemed illegal or unenforceable by a court decision, the other provisions shall remain in force.

 

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