Terms and Conditions of Sale

The Enchanted Tools Website and its associated services are made available to you in accordance with the following Terms of Use and Service and any other rules published on our Site (collectively the "Terms and Conditions"). Before placing any order on https://shop.enchanted.tools/, please read the Terms and Conditions carefully. We recommend that you keep a copy of the General Conditions for future reference.

The fact that an individual or a legal entity places an order on the Site implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to invoke any contradictory document, which would be unenforceable against the Vendor.

ARTICLE 1 - PRESENTATION OF THE GENERAL TERMS AND CONDITIONS

1.1 These General Terms and Conditions of Sale (hereinafter the "GTCS"), together with any other document to which the GTCS refer, establish the legal terms that apply to the use of the website https://shop.enchanted.tools/ ("the Site") by non-professional buyers ("the Customer(s)") wishing to purchase the products offered for sale by Enchanted Tools ("the Products").

1.2 All Customers are obliged to read these GTC carefully and to ensure that they have fully understood them prior to any transaction on the Site.

1.3 Enchanted Tools reserves the right to modify its GTC at any time. The General Terms and Conditions of Sale are enforceable against users of the Site from the moment they are put online.

ARTICLE 2 - SCOPE OF APPLICATION

2.1 These GCS apply, without restriction or reservation, to all sales concluded via the Site by Customers with ENCHANTED TOOLS, SAS with capital of €4,601.21 whose registered office is located at 4 rue de la Bourse 75002 Paris, France, registered under no. 901 084 368 RCS (indifferently "Enchanted Tools" or "the Vendor").

These General Terms and Conditions of Sale specify, in particular, the conditions of order, payment, delivery and management of any returns of Products ordered by Customers.

2.2 The main characteristics of the Products, including specifications and illustrations, are presented on the Site. It is the Customer's responsibility to familiarize himself/herself with these before placing an order. The choice and purchase of a Product is the sole responsibility of the Customer.

The photographs and graphics presented on the Site are not contractual and do not engage the responsibility of the Vendor. The Customer is required to refer to the description of each Product in order to know its properties and essential particularities. Product offers are subject to availability.

2.3 The Seller's contact details are as follows:

ENCHANTED TOOLS, a simplified joint stock company with a capital of €4,601.21, whose registered office is located at 4 rue de la Bourse 75002 Paris, registered with the RCS of Paris under number 901 084 368,

2.4 These terms and conditions apply to the exclusion of all other terms and conditions, in particular those applicable to all other distribution and marketing channels.

These GCS are accessible at any time on the Site, may be reproduced and retained by the Customer and will prevail, where applicable, over any other version or any other contradictory document.

2.5 The Customer declares that he/she has read the General Terms and Conditions of Sale and has accepted them by ticking the appropriate box before completing the online order procedure, as well as the general terms and conditions of use of the Site.

As these General Terms and Conditions may be subject to subsequent modification, the version applicable to the Customer's purchase is that in force on the Site at the date the order is placed.

Validation of the order by the Customer implies unreserved acceptance of these GTC.

The Customer acknowledges having the capacity required to contract and purchase the Products offered on the Site.

2.6 In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer.

In accordance with the French Data Protection Act of January 6, 1978, the Customer has the right to access, rectify and object to all personal data at any time by writing to Enchanted Tools, providing proof of identity:

- By e-mail: communication@enchanted.tools

- By post: Enchanted Tools, service communication, 4 rue de la Bourse, 75002 Paris.

2.7 The Products presented on the Site are offered for sale in mainland France (excluding Corsica and French overseas departments and territories) and in the following countries: Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, Great Britain, Greece, Hungary, Isle of Man, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Poland, Portugal, Czech Republic, Romania, San Marino, Slovakia, Slovenia, Sweden, United States, Canada, Japan, South Korea, Brazil.

In the case of orders to countries other than metropolitan France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union, the price is automatically shown exclusive of tax on the invoice.

If customs duties or other local taxes or import duties or state taxes are likely to be payable, they will be charged to and are the sole responsibility of the Customer.

ARTICLE 3 - ORDERS

3.1 Orders are placed exclusively on the Site. Internet connection and access costs are at the Customer's expense.

3.2 Ordering process

The Customer shall place an order in accordance with the instructions given on the Website. The Customer undertakes to fill in the registration and order form with complete and accurate information. In any event, the Customer is responsible for the information entered on the registration form and when placing an order. In the event of error, Enchanted Tools shall not be held responsible for any failure or delay in the delivery of Products.

3.2.1 Item selection

The Customer adds the Product to the shopping cart by clicking on "Add to cart" and may either continue shopping or proceed to payment for the Product by clicking on "Proceed to payment".

The Customer may at any time:

- Consult, download and print these General Terms and Conditions by clicking on the "General Terms and Conditions" link;

- Check the Products in their basket: quantity and amount;

- Cancel the order of one or more Products on the "Shopping Cart" page by ticking the "Delete" box;

- Continue with the selection of Products.

3.2.2 Order validation

The Customer then accesses the "Delivery" section, where he/she provides the information required for delivery (surname, first name, delivery address, telephone number, e-mail address, etc.) and has the option of selecting this address as the billing address or entering a different billing address.

The order summary will be displayed on the same screen. Before confirming the order, the customer will be able to check the details and total price, and correct any errors, before confirming acceptance.

3.2.3 Payment by credit card

The Customer is taken to the "Payment" section, where he/she can make payment by credit card, and must enter the necessary information if required.

The Customer selects the type of card used (Visa, Mastercard, American Express, Apple Pay). The customer must check that the data entered is correct (expiry date, card number, etc.), as payment will not be accepted in the event of incorrect data. From the date of the order, a request to debit the Customer's bank account is sent to the Customer's bank. The order will be considered final after confirmation of the bank payment centers' agreement.

Once the bank details have been validated, the secure remote payment manager sends an authorization request to the bank card network. The price will be blocked on the customer's account.

The telepayment manager issues an electronic certificate as proof of the amount and date of the transaction. In this respect, the dates and times of the server will be taken as proof between the parties.

The Customer guarantees that he/she is fully authorized to use the payment card provided for the payment of his/her order, and that this card gives access to sufficient funds to cover the total price of the order.

In all cases, the online provision of the credit card number and the final validation of the order will constitute proof of the completeness of the said order, in accordance with the provisions of law no. 2000-230 of March 13, 2000 adapting the law of evidence to information technologies and relating to electronic signatures, reproduced in articles 1365 et seq. of the French Civil Code.

This validation constitutes signature and express acceptance of all operations carried out on the Website.

On receipt of the certificate, Enchanted Tools will register the order.

Payment must be made in full, with no deductions possible except for those applied by Enchanted Tools to the total using a promotional code. Enchanted Tools reserves the right to terminate the contract in the absence of payment of the price of the Products.

The transfer of ownership of the Vendor's Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

3.3. Order acknowledgement

Enchanted Tools will acknowledge receipt of the order by e-mail to the address indicated on the Customer's account.

3.4 Order Confirmation

Subsequently, Enchanted Tools will send an order confirmation e-mail summarizing the Products ordered and available.

3.5 Order tracking

An e-mail will inform the Customer of the dispatch of the parcel.

All Products will be delivered to the delivery address indicated by the Customer when placing the order, by a carrier chosen by Enchanted Tools with delivery confirmation or tracking code where possible.

In the event of absence, the parcel will be delivered to the nearest relay point, to a substitute address or rescheduled according to the option validated directly with the carrier.

3.6 The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

3.7 The Vendor does not sell the Products on the Site to professionals, but only to Customers for their personal needs. The Vendor therefore reserves the right to refuse orders for the same Product in large quantities.

ARTICLE 4 - PRODUCTS

4.1 The description of the Products will be available on the Site at the time of ordering.

4.2 Product offers are subject to availability. Information on Product availability is provided prior to placing an order.

4.3 Errors or changes in Product availability may exceptionally occur. In this case, the Customer is informed of the unavailability in the order confirmation e-mail:

- If all Products ordered are unavailable, the order will be cancelled and the Customer will not be charged.

- In the event of partial unavailability, the order will be partially debited and sent (for available Products only).

ARTICLE 5 - DELIVERY

Products will be delivered to the address indicated at the time of order. No deliveries will be made to hotels or post office boxes.

Enchanted Tools ships Products to the countries listed in article 2.7 above.

Some Products are subject to specific shipping regulations and cannot be delivered to certain countries. It is the Customer's responsibility to check the specific delivery restrictions on the Product description page for each Product required.

Deliveries are made by an independent carrier, to the address given by the Customer at the time of ordering and to which the carrier has easy access.

5.1 Delivery terms

Delivery costs depend on (i) the country of destination, (ii) the weight and volume of the order and (iii) the insurance option.

The amount will be indicated when the order is confirmed.

Enchanted Tools undertakes to make every effort to deliver the Products promptly after confirmation of the order and, unless otherwise specified, no later than 60 (sixty) days from confirmation of the order.

In any event, Enchanted Tools disclaims all liability for any loss or damage suffered by the Customer due to delay or force majeure in delivery subject to Article L.216-2 of the French Consumer Code.

Furthermore, Enchanted Tools will inform the Customer of any delay as soon as possible. The latter will then have the option of cancelling the order, subject to legal provisions.

5.2 Delivery difficulties

The Customer is required to provide a correct and complete delivery address when ordering. It is the Customer's responsibility to check the delivery address on each e-mail or letter provided and to inform Enchanted Tools without delay of any error or omission via communication@enchanted.tools. Enchanted Tools reserves the right to charge any additional delivery charges applicable due to an error relating to the delivery address made by the Customer.

If delivery cannot be made to the address indicated for reasons beyond Enchanted Tools' control, the carrier will inform the Customer as soon as possible by e-mail and will indicate a later delivery date or deadline.

The Customer is obliged to check the condition of the products delivered. The Customer has a period of fifteen days, excluding public holidays, from the date of delivery in which to express any reservations or claims for non-conformity or apparent defects in the Products delivered (e.g. damaged package already opened, etc.), in writing by registered letter with acknowledgement of receipt, with all supporting documents (in particular photos). Once this period has elapsed and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by the Vendor.

The Vendor will reimburse or replace, as soon as possible and at its own expense, any Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these General Terms and Conditions of Sale (see warranties, in particular).

5.3 Receipt of Products

Each delivery is deemed to have been made as soon as the carrier has made the products available to the Customer or to a third party designated by the Customer, as evidenced by the control system used by the carrier. No dispute relating to the delivery itself will be possible if the parcel appears to have been delivered, the carrier's computer system acting as proof.

On receipt of the Products, the Customer may confirm on the delivery note that the Products have been delivered in good condition. If this is not the case, the Customer must refuse delivery. If the Customer is unable to check the condition of the Products at the time of delivery, he/she shall indicate on the delivery note "NON VERIFIE".

ARTICLE 6 - RIGHT OF WITHDRAWAL

6.1 Scope of the right of withdrawal

In application of current legal provisions, the right of withdrawal does not apply to the following goods:

- all goods manufactured or personalized to the Customer's specifications.

6.2 Content and procedures for exercising the right of withdrawal

In accordance with Articles L.121-18 et seq. of the French Consumer Code, the Customer has the right to withdraw from the contract at any time, without giving any reason, up to 14 days after receipt of the Products, provided that the Products are returned in their original packaging, in perfect condition and bearing the security tag within fourteen (14) days of notification to the Vendor of the withdrawal.

In the event of staggered delivery of Products from the same order, the withdrawal period will begin to run upon receipt by the Customer of the last Product.

To exercise the right of withdrawal, the Customer must inform Enchanted Tools in writing of his/her wish to withdraw by e-mail to the following address: communication@enchanted.tools

The withdrawal period will be deemed to have been respected if the Notice of Withdrawal is sent in time.

Enchanted Tools will send an e-mail to the Customer with instructions on how to return the Product(s).

The Customer must return the Product(s) within fourteen (14) days to the address communicated by e-mail, accompanied by the Notice of Withdrawal found in the appendix to these conditions. The Products must be sent in new, unused condition, with the price tag attached to the Product, as well as the security tag, correctly protected, in their original packaging, in good condition, fit for resale, accompanied by any accessories, instructions and documentation, as well as the corresponding order form or invoice. These conditions are cumulative: if one of them is not met, the return will be refused. Thus, while the customer may try on a garment, he or she may not wear it.

With the exception of defective Products or in the event of an error in the description of the Product(s), the Customer returns the Product(s) at his own expense. Products must be returned to the address indicated in the return acceptance email.

Enchanted Tools reserves the right to refuse or claim compensation for wear and tear if the Product has suffered depreciation as a result of handling other than that necessary to establish its nature, characteristics and proper functioning.

6.3 Refunds

Once the Notice of Withdrawal has been received, Enchanted Tools will reimburse the Customer for any sums debited, including standard delivery charges according to the payment method used by the Customer at the time of ordering within 14 (fourteen) days of receipt of the Products by Enchanted Tools if the above conditions are met.

Enchanted Tools is not obliged to reimburse delivery costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered by Enchanted Tools.

6.4 The number of returns made is recorded and we reserve the right to refuse an order in the event of repeated returns of goods.

ARTICLE 7 - WARRANTIES

7.1 Legal warranties

7.1.1 Content of warranties

All Products are guaranteed to be free of defects. Should Products prove to have defects during the legal warranty period, Enchanted Tools undertakes to reimburse the Customer for sums paid for apparently defective, spoiled or damaged Products or Products not corresponding to the order in accordance with articles L.217-4 to L.217-13 of the French Consumer Code relating to lack of conformity, articles 1641 to 1648 and 2232 of the French Civil Code relating to latent defects and articles 1245 et seq. of the French Civil Code relating to liability for defective products.

- In the event of an action under the guarantee of conformity, the customer has a period of two years from delivery of the goods to take action. He may choose between repair or replacement of the good, provided that this choice does not entail a cost that is manifestly disproportionate to the other option, in application of article L. 217-9 of the French Consumer Code.

The customer does not need to prove the existence of a lack of conformity for 24 (twenty-four) months following delivery of the goods, except in the case of second-hand goods.

The legal warranty of conformity applies independently of any commercial warranty that may have been granted.

- In the event of a warranty against latent defects: the customer may decide to invoke the warranty against latent defects of the item sold, in accordance with article 1641 of the French Civil Code. In this case, the customer may choose between rescinding the sale or reducing the purchase price in accordance with article 1644 of the French Civil Code.

The buyer must bring an action under the warranty for latent defects within two years of discovery of the defect (article 1648 paragraph 1 of the French Civil Code).

7.1.2 Procedure for implementing warranties

In the event of a defect as defined in the previous point, Enchanted Tools will, at the Customer's option :

- Replace the Product(s), if Enchanted Tools has the same goods at the same price, or ;

- Refund the price of the Products or give the Customer a voucher if the Customer paid for the order with a voucher.

The above warranties do not apply to defects resulting from normal wear and tear, intentional damage, accident, negligence on the part of the Customer or a third party, use other than that prescribed, failure to comply with the manufacturer's, supplier's or Enchanted Tools' instructions or any changes or repairs carried out without Enchanted Tools' prior written consent.

 

ARTICLE 8 - LIMITATION OF LIABILITY

8.1 In the event that Enchanted Tools is held liable as a result of a fault on its part, compensation shall apply only to direct, personal and certain damages suffered by the Customer, to the express exclusion of compensation for all indirect and immaterial damages and/or prejudice, such as financial prejudice, damage to image, etc. Enchanted Tools shall not be held liable for such damages and/or prejudice. The amount of damages that Enchanted Tools may be required to pay to the Customer under the aforementioned conditions is in any event limited to the total amount of the order for the Products concerned.

8.2 In any event, Enchanted Tools declines all liability due to, in particular :

- Normal wear and tear of the Products;

- Use not in conformity with the use for which the Product is intended;

- Any deterioration or accident resulting from negligence, lack of supervision or maintenance not in accordance with the instructions given on the Product or any other document,

- Any damage resulting from modification, incorporation or mixing of the Product;

- Any damage resulting from failure to comply with the recommendations for use of the Products mentioned in the Product description, and/or with the specific regulations relating to the Products sold;

- Any malicious act by the Customer or third parties.

8.3 Enchanted Tools shall not be liable for any temporary or permanent damage to the Customer's computer system, or for any loss or damage suffered as a result of accessing or browsing the Site.

8.4 The transmission of data via the Internet may result in errors and/or the Site not always being available. Consequently, Enchanted Tools cannot be held responsible for the availability or interruption of the online service.

ARTICLE 9 - FORCE

9.1 In the event of force majeure preventing Enchanted Tools from fulfilling its obligations, the order shall be immediately suspended and the Customer immediately informed by any means. In the same way, Enchanted Tools will inform the Customer of the cessation of this event and the execution of the order will then resume immediately.

9.2 Should such an event continue beyond 30 (thirty) days after the date of notification, the contract will be considered terminated by operation of law. Any sums received by Enchanted Tools prior to this date will then be reimbursed to the Customer.

ARTICLE 10 - SECURITY

10.1 Enchanted Tools takes reasonable measures to ensure the security of the Site. All debit/credit card transactions are fully encrypted and only used to carry out the card transactions requested by the Customer.

10.2 Enchanted Tools also takes all reasonable steps necessary within its power to keep order and payment information secure.

However, in the absence of negligence on the part of Enchanted Tools, the latter cannot be held responsible for any loss suffered if an unauthorized third party manages to access the data provided when accessing or ordering on the Site.

ARTICLE 11 - DATA PROTECTION / COOKIES

11.1 Pursuant to Law 78-17 of January 6, 1978, amended by Law no. 2018-493 of June 20, 2018, it is hereby recalled that the personal data requested from the Customer is necessary for the processing of the Customer's order and the preparation of invoices, in particular.

This data may be communicated to any of the Vendor's partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the Website complies with legal requirements concerning the protection of personal data, and the information system used ensures optimum protection of such data.

In accordance with current national and European regulations, customers have the right to permanent access, modification, rectification, opposition, portability and limitation of the processing of information concerning them.

This right may be exercised under the terms and conditions defined in the Site's General Terms and Conditions of Use.

11.2 When visiting the Website, Enchanted Tools may, unless the Customer objects, place a cookie on the Customer's computer.

The cookie does not enable the Customer to be identified, but records information relating to the computer's browsing of the Website (the pages consulted, the date and time of consultation, etc....) which may be read during subsequent visits by the Customer. This information is stored for one year.

The purpose of these cookies and the methods of opposition and deletion are defined in the Site's General Conditions of Use.

ARTICLE 12 - INTELLECTUAL PROPERTY

12.1 The content of the Site is the property of the Vendor and its partners and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright.

12.2 In addition, the Vendor retains all intellectual property rights on photographs, presentations, studies, drawings, models, prototypes, etc., produced with a view to supplying the Products to the Customer. The Customer shall therefore refrain from reproducing or exploiting said studies, drawings, models, prototypes, etc., without the Vendor's express prior written authorization, which may be conditional upon payment of a fee.

ARTICLE 13 - APPLICABLE LAW - LANGUAGE

13.1 These General Terms and Conditions of Sale and the transactions arising therefrom are governed by and subject to French law.

13.2 These GCS are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 14 - DISPUTES

14.1 Please address any complaints to the following e-mail address: communication@enchanted.tools , taking care to include all necessary details, including the date and number of the order if applicable, as well as your full name and contact details (address, telephone number, etc.).

14.2 All disputes arising out of or in connection with the purchase and sale transactions concluded in application of these GTS, concerning their validity, interpretation, performance, termination, consequences and consequences, and which cannot be resolved between the Vendor and the Customer, shall be submitted to the competent courts under the conditions of common law.

14.3 The Customer is hereby informed that he may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Article L 612-1 of the French Consumer Code) or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

 

Appendix 1 - Legal warranty provisions

Article L. 217-4 of the French Consumer Code

The seller is required to deliver goods in conformity with the contract, and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter is his responsibility under the contract or was carried out under his responsibility.

Article L. 217-5 of the French Consumer Code

To conform to the contract, the goods must :

- Be fit for the purpose normally expected of similar goods and, where applicable :

- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model

- have the qualities that a purchaser may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling

- Or present the characteristics defined by mutual agreement between the parties, or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L. 217-12 of the French Consumer Code

Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.

Article L. 217-16 of the French Consumer Code

When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the purchaser's request for intervention, or from the date the item in question is made available for repair, if the item is made available after the request for intervention.

Article 1641 of the French Civil Code

The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which diminish this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Article 1648 paragraph 1 of the French Civil Code

The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

 

Appendix 2 - Withdrawal form

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the https://shop.enchanted.tools/ website, except in the case of exclusions or limitations to the exercise of the right of withdrawal in accordance with the applicable General Terms and Conditions of Sale.

For the attention of Enchanted Tools, service communication, 4 rue de la Bourse 75002 Paris, France

I hereby give notice of withdrawal from the contract concerning the order of the Products below:

• - Order from: ...........................................................
• - Order number: ...........................................................
• - Customer name: ...........................................................................
• - Customer address: .......................................................................

Date :

Customer's signature (only in case of notification of this form on paper) :