General terms and sales conditions
1. THE DIFFERENT STEPS TO FOLLOW FOR THE CONCLUSION OF THE ONLINE CONTRACT
You make your selection by browsing the pages of our site. Your selections are added to your basket when you click on “add this product to the basket”. At any time while browsing our site, you can validate your order by clicking on “validate my order”.
1.2 VALIDATION OF THE CONTRACT
When you click on “validate my order”, a confirmation message appears. It summarises all the products and options selected. You must check in this order form all the information transmitted, and in particular all the elements useful for the delivery (delivery address, digicode, telephones…). If you do not have to modify the form, you must then read the present conditions. If you accept them, you must tick the box “I have read the general terms and conditions of sale and I accept them without reservation”. Any order implies acceptance of these conditions. To continue with your order, you must click on “pay my order”. After payment on our secure server (see “payment”), an acknowledgement of receipt is displayed. It confirms the registration of your order and informs you that a confirmation e-mail will be sent to you as soon as possible.
2. TECHNICAL MEANS OF IDENTIFYING AND CORRECTING ERRORS
You may at any time identify and correct any errors you may have made when entering your data. If you become aware of an error after the conclusion of the contract, you should contact us (click here to access the “contact us” section).
2.1 ARCHIVING AND ACCESS TO THE CONTRACT
We will archive contracts, order forms and invoices on a reliable and durable support. You have the right to access these documents for orders of €89.90 or more.
2.2 LEGAL GUARANTEES
The products sold on the site comply with the regulations in force in France and are automatically covered by THE LEGAL GUARANTEE OF CONFORMITY, FOR PRODUCTS THAT APPEAR TO BE DEFECTIVE, SPOILED OR DAMAGED OR THAT DO NOT CORRESPOND TO THE ORDER, THE LEGAL GUARANTEE AGAINST HIDDEN DEFECTS RESULTING FROM A MATERIAL, DESIGN OR MANUFACTURING DEFECT AFFECTING THE PRODUCTS DELIVERED AND MAKING THEM UNFIT FOR USE. Within the framework of the legal guarantee of conformity, the consumer customer :
- Has a period of two years from the date of delivery of the goods to take action against the seller;
- May choose between repairing or replacing the product ordered, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
- Is exempted from proving the existence of the product’s lack of conformity during the 24 months following the delivery of the product.
- The legal guarantee of conformity applies independently of the commercial guarantee that may cover the product.
- The customer may decide to implement the guarantee against hidden defects in accordance with Article 1641 of the Civil Code; in this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with 1644 of the Civil Code.
The seller will refund, replace, or have repaired the products or parts under guarantee that are deemed to be non-conforming or defective.
We will do our utmost to satisfy you. We are responsible for the proper execution of these General Conditions. Nevertheless, we shall not be liable for any unforeseeable and insurmountable act of a third party to the contract or for the non-conformity of the product with foreign legislation in the event of delivery in a country other than France, use of the product for professional purposes, negligence or lack of maintenance on the part of the customer or normal wear and tear of the product.
4. RESPONSIBILITY AND CONFORMITY OF THE PRODUCTS
All our textiles are raw, handmade with natural products. Due to the handicraft process, there may be differences between the product photos on the website and the actual product purchased. The weaving process is extremely complex and delicate. It is handmade and may have various irregularities. We use natural dyes, and the colours vary according to the season. Our products are unique and the photos on the website will not always reflect the final product you receive. We have made the bet of singularity and it is all the charm of the craft.
5. DELIVERY TIMES, COSTS AND TERMS
5.1 DELIVERY TERMS
We will deliver the products to the address indicated on the order form.
5.2 DELIVERY TIME
In the event of a delay in delivery, we will inform you by e-mail as soon as possible and we will propose a new date. In accordance with Article L. 216-2 of the French Consumer Code, in the event of failure to meet its delivery obligation on expiry of the delivery period indicated or, failing this, no later than thirty days after the order, the customer may cancel its order by registered letter with acknowledgement of receipt or by a written document on another durable medium, if, after having enjoined the seller, in the same way, to make the delivery within a reasonable additional period, the latter has not complied within this period. In the event of cancellation of the order, the seller shall reimburse the customer for the sums paid, at the latest within fourteen days of the date of cancellation of the order, to the exclusion of any additional compensation.
5.3 DELIVERY COSTS
The delivery costs for all deliverable orders are calculated in your shopping cart.
5.4 DELIVERY TRACKING
You can contact us by phone for any question regarding your delivery (click here to access the “contact us” section)
6. THE PRICE
The prices of our products are indicated in euros including all taxes (French VAT and other applicable taxes). They include the cost of processing your order. If you request delivery outside French territory, your order may be subject to possible taxes and customs duties when it reaches its destination. The payment of these duties and taxes is your responsibility and we invite you to check with the relevant authorities in your country. You must also check the possibilities of importing or using the products you order from us in the country of destination.
7. PAYMENT METHODS AND SECURITY MEASURES
We will collect your payment upon conclusion of the online contract.
7.1 MEANS OF PAYMENT
You have several means of payment to pay for your purchases on www.umoja-shoes.com: By credit card: Visa, Mastercard, Carte bleue:
7.1 MEANS OF PAYMENT
You have several means of payment to pay for your purchases on www.umoja-shoes.com: By credit card: Visa, Mastercard, Carte bleue: Payment is made on the secure bank server of our partner Crédit Mutuel de Bretagne. This implies that no banking information concerning you transits via our site. Payment by credit card is therefore perfectly secure; your order will be recorded and validated as soon as the payment is accepted by the bank you have chosen.
By PayPal :
Payments via our site are subject to a security system. We have adopted the SSL (Secure Socket Layer) protocol to encrypt credit card details. To protect you against possible intrusion, we do not store credit card numbers on our computer servers. The credit card numbers are processed by the Crédit Mutuel de Bretagne, which sends us an authorisation number.
8. TERMS AND CONDITIONS FOR EXERCISING THE RIGHT OF WITHDRAWAL8
In accordance with the legal provisions, you may exercise your right of withdrawal within 14 days of receiving your product. You do not have to justify your reasons or pay any penalty. Apart from the return postage, which remains at your expense, we will reimburse you in full within 14 days of your withdrawal. The product must be returned complete and in its original condition. In accordance with the legal provisions, the right of withdrawal cannot be exercised for products made to order, according to the specifications of the consumer. The right of withdrawal can be exercised online, by sending us an e-mail to firstname.lastname@example.org, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the customer by the seller, or any other unambiguous statement expressing the customer’s desire to withdraw.
9. DURATION OF THE CONTRACT AND VALIDITY OF THE PRICE
The prices consider the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products on sale on umoja-shoes.com. The products remain the sole property of UMOJA COMPANY FAIRTRADE until full payment is received by UMOJA COMPANY FAIRTRADE.
Our price offers are only valid within the double limit of the validity period of the offer concerned and the available stocks. Our offers of goods and prices are valid if they appear online on the site on the day of the order.
10. CONTACT US / CUSTOMER SERVICE
If you wish to contact us, our customer service is at your disposal. For information on our offers or to place an order: write to us at: email@example.com. To follow up on the execution of an order, to exercise your right of withdrawal or to make use of the guarantee: we provide you with an email address indicated in your order confirmation email.
11. PERSONALS INFORMATIONS
We collect your personal information for the management of your orders and the follow-up of our commercial relations. It may be transmitted to our partners exclusively for the execution of your orders, in accordance with the present General Conditions. In accordance with the French Data Protection Act of 6 January 1978, you have the right to access, delete, rectify and oppose any personal data concerning you. All you have to do is write to us online at Customer Service or by post (2 RUE FRANCOIS VERNY 29200 BREST), giving us your surname, first name, e-mail address, address and if possible, your customer reference.
12 PROOF OF TRANSACTIONS
We will collect your payment upon conclusion of the online contract.
12.1 MAJOR FORCE
In the absence of proof to the contrary, the data recorded in the seller’s computer system constitutes proof of all transactions concluded with the customer.
12.2 APPLICABLE LAW, JURISDICTION AND MEDIATION
The present General Terms and Conditions of Sale and the operations arising from them are governed by and subject to French law. All disputes to which the sales operations concluded in application of these Conditions may give rise, concerning their validity, interpretation, execution, termination, consequences, and aftermath, and which could not be resolved between UMOJA COMPANY FAIRTRADE and the customer, shall be submitted to the competent courts under the conditions of common law. In accordance with Article L. 612-1 of the French Consumer Code, the Customer is informed that he/she may in any case have recourse to conventional mediation, with the Commission for Consumer Mediation or with the existing sectoral mediation bodies, the references of which are given on the site, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
Annex 1: Provisions of the Consumer Code concerning the legal guarantee of conformity
Article L. 217-4 of the Consumer Code
The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions, or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L. 217-5 of the Consumer Code
The goods conform to the contract :
1° If it is fit for the purpose usually expected of a similar good and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model.
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer, or his representative, particularly in advertising or labelling.
2° Or if it has the characteristics defined by mutual agreement between the parties or is 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 Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code
When the buyer asks the seller, during the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer’s request for intervention or from the time the item in question is made available for repair if this is after the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which render it unfit for the use for which it was intended, or which reduce this use to such an extent that the buyer would not have acquired it or would only have given a lower price for it if he had known about them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.