TERMS AND CONDITIONS
These terms and conditions (hereinafter the "Terms") are concluded on the one hand by the company p&m hereafter called the "SELLER" and managing the site http://pm-patterns.com
and, on the other hand, by any natural or legal person wishing to make a purchase via the website http://pm-patterns.com, hereinafter referred to as the "CUSTOMER".
The present terms and conditions aim to define the contractual relations between the company p&m and the CUSTOMER, and the conditions applicable to any purchase made through the website http://pm-patterns.com.
The acquisition of a product through this site implies an unconditional acceptance by the CUSTOMER of these terms and conditions.
When placing an order, the CUSTOMER is invited to tick the box "I have read and I accept the terms and conditions", whose activation is required to finalize the order. As a result, the CUSTOMER acknowledges having read the present terms and conditions, and accepts them in full and without reservation.
The SELLER reserves the right to modify at any time his terms and conditions, in order to comply with any new regulations or in order to improve the use of his site. Thus, the conditions applicable will be those in force on the date of the order by the CUSTOMER.
2. Creating a customer account
Before any order, the CUSTOMER must create a "customer account" on the Site http://pm-patterns.com. For this purpose, the CUSTOMER will be invited to provide personal information such as his name and surname, his email address, his home address, this list being not exhaustive.
The CUSTOMER undertakes to provide accurate information: he is solely responsible for the accuracy and relevance of the data provided to the SELLER. In case of change, the CUSTOMER is responsible for updating his data and must inform the SELLER without delay.
If he wishes to place an order or consult his account (status of orders, profile, history...), the CUSTOMER must identify himself using his identifiers (email address chosen at the time of registration and password).
The CUSTOMER may at any time consult the orders he has made on the Site http://pm-patterns.com by logging into his account. The CUSTOMER is free to close his account on the site. To do this, he must send an email to the SELLER to indicate that he wishes to delete his account. No recovery of his data will then be possible.
The company p&m reserves the right to delete the customer account of any CUSTOMER who does not respect the commitments specifically indicated in these Terms.
The CUSTOMER cannot claim any compensation. In addition, if facts justify, the SELLER will be able to take legal action against the CUSTOMER.
The products proposed for sale are those listed on the site http://pm-patterns.com on the day of the consultation by the CUSTOMER, in other words sewing patterns in PDF (dematerialized) format and sewing patterns in the format pouch.
The SELLER reserves the right to modify the product portfolio at any time. Each product is presented on the website in the form of a description of its main technical characteristics. The pictures are as faithful as possible but do not engage the SELLER.
The base currency on the website www.pm-patterns.com is the euro (€ EUR). A currency converter is provided for informational purposes to facilitate the evaluation of prices offered by foreign customers, but only the amount actually invoiced to the CUSTOMER in euros is authentic.
The company p&m does not guarantee the accuracy of prices quoted in currencies other than the euro by its currency converter.
The prices appearing on the product page of the Internet catalog are prices in Euros (€) net to pay (VAT not applicable according to article 293 B of the CGI).
Possible participation in the processing and shipping costs may be added to this price.
The company p&m reserves the right to change prices at any time. However, the price listed in the catalog on the day of the order will be the only one applicable to the CUSTOMER.
The confirmation of an order entails the acceptance of the present terms and conditions, the recognition of having perfect knowledge of it and the waiver to take advantage of its own conditions of purchase.
All data provided and the recorded confirmation will serve as proof of the transaction. The company p&m undertakes to communicate to the CUSTOMER the confirmation of the registration of his order by email.
The company p&m reserves the right to cancel any order from a CUSTOMER with whom there is a dispute over the payment of a previous order.
6. Processing and delivery charges
No additional fees are charged for the purchase of PDF templates since they are dematerialized products.
The processing and delivery fees are only applicable to the purchase of paper patterns. These costs are fixed regardless of the actual costs of transport and packaging. They are automatically calculated at the time of validation of the order, and indicated to the CUSTOMER before any payment.
7. Terms of payment
The CUSTOMER can settle the order, in one payment, by credit card via the secure payment platform Paypal or STRIPE. The CUSTOMER is automatically redirected to the secure (Paypal or STRIPE) interface in order to securely inform his Paypal account credentials or personal credit card if he does not have a Paypal account.
Once the payment has been confirmed by the CUSTOMER, the transaction is immediately debited after verifying the information. If the payment is accepted, the order is registered and the contract definitively confirmed. Payment by Paypal account or by credit card is irrevocable.
This site keeps no data related to the payment details of the CUSTOMER. Payment is made directly by the secure payment platform Paypal, on which the SELLER receives payment from the CUSTOMER.
The CUSTOMER confirms that he is the legal owner of the card to be debited and that he is legally entitled to use it. In case of error or inability to debit the card, the sale is immediately dropped automatically and the order canceled.
8. Retention of title
The SELLER retains full ownership of the products sold until the payment made by the CUSTOMER is considered final, meaning after the actual collection by the SELLER of the sums due.
. PDF patterns
In the case of the purchase of PDF templates, in other words dematerialized, no physical product is shipped by the company p&m. When the order is validated, the CUSTOMER receives an email containing links, on the email address he has communicated. These links allow him to download the purchased products.
These links are present in the CUSTOMER's customer account, and the CUSTOMER can therefore access them permanently by logging into his account.
THE CUSTOMER commits not to communicate the link received or files downloaded as a result of an order to third parties, whether for free or for a payment. The products purchased during the order are reserved for strictly personal use.
. Paper patterns
In the case of the purchase of paper patterns, the delivery is made to the address indicated on the CUSTOMER's order form. Orders are shipped by La Poste in « lettre verte non suivie » (no tracking).
If he wishes, at the time of placing the order, the CUSTOMER may ask by email to the SELLER, at the email address email@example.com, the delivery of his order by La Poste in Colissimo, a shipping service with tracking, with delivery without signature.
An additional delivery charge will then be calculated according to the weight of the order and the current rates of La Poste, which will be added to the total amount of the order. The SELLER will provide by email to the CUSTOMER the tracking number of his order.
Delivery times are only indicative; if they exceed thirty days from the order, the sales contract may be cancelled and the CUSTOMER may be refunded.
The Site has no geographic limitation of delivery. Orders can be shipped anywhere in the world.
In the event of delivery of an order outside the territory of the European Union, the CUSTOMER agrees that the SELLER may be unable to inform him about the amount of fees related to customs clearance and import taxes applicable in the country of importation.
The risks related to transport are the responsibility of the CUSTOMER from the moment the items leave the premises of the SELLER. The CUSTOMER is required to check the condition of the products delivered, the condition of the packaging of the goods and its contents upon delivery, in the presence of the La Poste employee or the delivery person.
In accordance with Article L133-3 of the Commercial Code, in case of damage during transport, the CUSTOMER has a period of three days, excluding holidays, from the receipt of products, to file with the carrier, by registered letter, any claim for the losses and / or damages noted of the product or products.
. PDF patterns
The CUSTOMER receives his PDF pattern(s) by email immediately and automatically after the payment of his order. Cancellation and refunding of a pattern(s) order in PDF format is not possible. Therefore, the right of retraction is not applicable for sewing patterns sold in PDF format (digital) proposed for sale on the Site http://pm-patterns.com in accordance with the law in force (Code of the consumption, section 6, article L221-28).
. Paper patterns
Under Article L221-18 of the Consumer Code, the CUSTOMER has a period of fourteen (14) working days from the date of receipt of his order to exercise his right of withdrawal. He will be required to return any product that does not suit him to the SELLER for exchange or refund without penalty, with the exception of the cost of return, within fourteen days from the receipt of the SELLER of the refund request.
The products must be returned in perfect condition. The return shipping costs of the product (s) will be entirely the responsibility of the CUSTOMER.
If the previous obligations are not respected, the CUSTOMER will lose his right of withdrawal, and the product will be returned at his expense.
It is advisable to the CUSTOMER to return the product or products through a shipping channel allowing to track the package. Otherwise, if the returned package does not reach the SELLER, it will not be possible to identify the location of the package.
Upon receipt of the returned goods, the SELLER undertakes to refund or exchange the returned pattern(s) (excluding shipping cost) using the same method of payment as the one used for the initial order within a period of fourteen ( 14) working days, provided that the products are intact, unopened, and in perfect condition for resale.
The company p&m cannot be held responsible for the consequences or damages resulting from the use of the Internet such as loss of data, intrusion, virus, break of the service, or other involuntary problems.
Once the purchase is complete, the CUSTOMER is responsible for the files received and cannot in any case request a free replacement if he deletes them, loses them or modifies them.
12. Intellectual property
All elements of the Site http://pm-patterns.com are the intellectual and exclusive property of the SELLER: texts, logos, images, photos, products ... This list is not exhaustive. It is strictly forbidden to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whatsoever without the express authorization of the company p&m, with the exception of sharing on networks to the extent that the P&M company is clearly mentioned.
The p&m brand is a registered trademark. Any attempt to fraudulently use the trademark, its contents or its products will be subject to prosecution and penalties as provided for in Articles L713-2 and following of the Intellectual Property Code.
Any CUSTOMER who is guilty of counterfeiting would be liable to have his account deleted without notice or compensation.
The products sold by the company p&m are exclusively reserved for the personal use of the CUSTOMER or the recipient of the purchased product.
Any reproduction, integral or partial, as well as any commercialization of the patterns p&m, are strictly prohibited, except in case of prior agreement between the SELLER and the CUSTOMER.
Any commercialization of clothes made from p&m patterns is also strictly prohibited.
Moreover, any copy or distribution, free or paid, in private, in shop or on the Internet, is also prohibited.
13. Personal data
The information requested from the CUSTOMER is necessary for the processing of his order and may be communicated to the contractual partners of p&m company involved in the execution of this order.
The company p&m undertakes to preserve the confidentiality of the information provided by the CUSTOMER.
Any information concerning the CUSTOMER is subject to the provisions of Law No. 78-17 of 6 January 1978. As such, the user has a right to access, modify and delete information about him. He can make the request at any time by email to the following address: firstname.lastname@example.org.
These conditions of distant selling are subject to French law. Any litigation or litigation between the SELLER and the CUSTOMER will be submitted to the competent Court.
These conditions have been written in French and only the French language is authentic. A translation is available in English on the site for information purposes only.
15. Contact us / After-sales service
If the CUSTOMER wishes to contact the company p&m, he can do it by email at the following address: email@example.com.