1. ABOUT US
Knit On is a brand created and registered by the company Déborah LE PORT, whose head office is located in Annecy (74000) 8 rue du Pont Morens, registered in the Annecy trade and companies register under the number 749 978 300 represented by Madame Déborah LE PORT.
Knit On offers the sale of knitting patterns.
Knit On invites its Users to carefully read these General Terms and Conditions of Sale and Use (hereinafter the "GTC"). The GTC apply to all the Services provided by Knit On to its Customers of the same category, regardless of the clauses that can be written on the Customer's documents and in particular its general conditions of purchase.
The GTC are systematically communicated to the Customer who requests it.
The Customer is required to read the GTC before placing an Order.
In the event of a subsequent modification of the GTC, the Customer is subject to the version in force when placing his Order.
The data recorded in the Company's IT system constitutes proof of the transactions concluded with the Client.
Customer" means any natural or legal person who places an Order on this Website;
"Order" means any order placed by the User registered on this Site, in order to benefit from the Knit On Services;
"General Conditions of Sale and Use" or "GTC" mean these general conditions of sale and use online;
"Consumer" means the buyer, a natural person who does not act for professional needs and / or outside of his professional activity;
"Professional" means the buyer, a legal or natural person who acts in the course of his professional activity;
"Services" means all the services offered to Users by Knit On through this Site;
"Site" means this Site, that is to say knit-on.fr;
"Company" means the Knit On Company, more fully referred to in Article I hereof; and
"User" means any person who makes use of the Site.
Registration to the Site is open to all legal or natural persons of full age and enjoying their full personalities and legal capacities.
The use of the Services offered on the Site is subject to the User's registration on the Site. Registration is free.
To register, the User must fill in all the mandatory fields, without which the service cannot be delivered. Otherwise, registration cannot be completed.
Users guarantee and declare on their honor that all the information communicated on the Site, especially when they register, is accurate and conform to reality. They agree to update their personal information from the page dedicated to the latter and available in their account.
All registered Users have a username and password. These are strictly personal and confidential and must in no case be the subject of a communication to third parties under penalty of deletion of the account of the offending Registered User. Each registered User is personally responsible for maintaining the confidentiality of their username and password. The Company will in no way be held responsible for the impersonation of a User. If a User suspects fraud at any time, he must contact the Company as soon as possible so that the latter can take the necessary measures and rectify the situation.
Each User, whether a legal or natural person, can only hold one account on the Site.
In the event of non-compliance with the GTC, in particular the creation of several accounts for a single person or the provision of false information, Knit On reserves the right to proceed to the temporary or permanent deletion of all the accounts created by the Offender registered user.
The deletion of the account results in the permanent loss of all the benefits and services acquired on the Site. However, any Order made and invoiced by the Site before the account is deleted will be executed under normal conditions.
In case of deletion of an account by Knit On for breach of the duties and obligations set out in the GTC, it is strictly prohibited for the offending User to re-register on the Site directly, through another email address or by an intermediary without the express authorization of Knit On.
Any Order can only be made when the User has registered on the Site. The User, when logged into his account, can add Products to his virtual basket. He can then access the summary of his virtual basket to confirm the Products he wishes to order and place his Order by pressing the "Order" button.
He must enter an address and a valid payment method in order to finalize the Order and effectively form the sales contract between him and Knit On. The finalization of the Order implies acceptance of the prices of the Products sold, as well as the terms indicated on the Site.
Once the Order has been placed, the User will receive confirmation by email. This confirmation will summarize the Order as well as relevant information relating to the delivery. Placing an Order constitutes the conclusion of a distance selling contract between Knit On and the Customer.
6. PRODUCTS AND PRICES
The Products which are the subject of the GTC are those which appear on the Site and which are sold and dispatched directly by Knit On.
The Products are described on the corresponding page within the Site and mention is made of all their essential characteristics. The sale takes place within the limits of the Company's available stocks. The latter cannot be held responsible for stock shortages or the impossibility of selling a Product whose stock does not exist.
When a Registered User wishes to acquire a Product sold by Knit On through the Site, the price indicated on the Product page corresponds to the price in euros, inclusive of tax, excluding shipping costs and takes into account the applicable discounts in force on the day of the command. The price indicated does not include delivery costs which will be detailed if necessary in the summary before placing the Order. If the total cost of the Products cannot be calculated in advance, Knit On will send the Customer a detailed estimate setting out the formula for calculating the price.
Under no circumstances may a User demand the application of discounts that are no longer in effect on the day of the Order.
7. PAYMENT TERMS
Unless otherwise provided, all sales are paid in cash at the time of placing the Order.
Depending on the nature or amount of the Order, Knit On remains free to require a deposit or payment of the full price when placing the Order or upon receipt of the invoice.
Payment can be made by:
- Bank card
In the event of total or partial non-payment of the Products by the date agreed on the invoice, the Professional Client must pay Knit On a late payment penalty, the rate of which is equal to the rate charged by the European Central Bank for its increased refinancing operation, by 10 percentage points.
The financing transaction selected is the most recent on the date of the Order of the Services.
In addition to the compensation for delay, any sum, including the deposit, not paid on its due date by the Professional Client will automatically result in the payment of a lump sum compensation of 40 euros due for collection costs.
In the event of total or partial non-payment of the Products by the date agreed on the invoice, the Consumer Customer must pay Knit On a late payment penalty, the rate of which is equal to the legal interest rate.
No compensation may be made by the Customer between penalties for delay in the supply of the Products ordered and sums due by the Customer to the Company for the purchase of Products offered on the Site.
The penalty due by the Customer, Professional or Consumer, is calculated on the amount including tax of the remaining amount due, and runs from the date of expiration of the price without any prior notice being necessary.
The Products are digital files in PDF format, downloadable through a link provided to the customer by email once the order has been confirmed.
Reading a PDF file can be done using software such as Acrobat Reader.
The Company undertakes to provide all material and human efforts to have the Products supplied as soon as possible. These may vary depending on the Customer's geographic area, the delivery method chosen or the Product ordered.
9. CONSUMER RIGHT OF WITHDRAWAL
The Consumer has a right of withdrawal of 14 days from the placing of the Order, except for the products mentioned in article L221-28 of the Consumer Code as reproduced below:
"The right of withdrawal cannot be exercised for contracts:
1 ° Supply of services fully executed before the end of the withdrawal period and the execution of which has started after the express prior agreement of the consumer and express waiver of his right of withdrawal;
2 ° Supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3 ° Supply of goods made according to the consumer's specifications or clearly personalized;
4 ° Supply of goods liable to deteriorate or expire quickly;
5 ° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6 ° Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles;
7 ° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional;
8 ° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
9 ° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10 ° Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
11 ° Concluded during a public auction;
12 ° Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period;
13 ° The supply of digital content not supplied on a material medium, the execution of which has started after the express prior agreement of the consumer and express waiver of his right of withdrawal. "
To exercise this right of withdrawal, the Consumer sends a declaration to the address: email@example.com.
It will be reimbursed for all costs paid for the provision of services within 14 days of the Company becoming aware of its declaration of withdrawal. The reimbursement will be made by the same means of payment as that used for the purchase.
However, if the provision of services has already started on the date on which the Company becomes aware of the withdrawal, the value corresponding to the service already provided will be deducted from the reimbursement. The latter will be operated by the same means of payment as for the purchase.
10. PROCESSING OF PERSONNAL DATAS
Registration on the Site entails the processing of the Customer's personal data. If the Customer refuses to process their data, they are asked to refrain from using the Site.
This processing of personal data is done in compliance with the General Data Protection Regulations 2016/679 of April 27, 2016.
Furthermore, in accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, the right to interrogate, access, rectify, modify and oppose all of their personal data by writing, by mail and proving his identity, to the following address: firstname.lastname@example.org.
This personal data is necessary for the processing of his Order and the establishment of his invoices if necessary, as well as for the improvement of the functionalities of the Site.
11. SHARING OF COLLECTED DATAS
The Site may use third-party companies to perform certain operations. By browsing the Site, the Customer accepts that third companies may have access to their data to allow the proper functioning of the Site.
These third-party companies only have access to the data collected in the context of carrying out a specific task.
The Site remains responsible for the processing of this data.
In addition, the User may therefore be led to receive information or commercial offers from the Company or its partners.
The User may at any time object to the receipt of these commercial offers, by writing to the address of the Company indicated above, or by clicking on the link provided for this purpose in the emails received.
In addition, Customer information may be transmitted to third parties without their express prior agreement in order to achieve the following goals:
- respect the law
- protect anyone from serious personal injury or death
- fight against fraud or attacks on Knit On or its users
- protect Knit On's property rights.
12. DATA PROTECTION
Knit On ensures an appropriate level of security proportional to the risks run as well as their probability, in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016.
However, these measures do not in any way constitute a guarantee and do not commit the Company to an obligation of result concerning data security.
To allow its Users to benefit from optimal navigation on the Site and better functioning of the various interfaces and applications, Knit On may install a cookie on the User's computer. This cookie is used to store information relating to navigation on the Site, as well as any data entered by the Users (in particular searches, login, email, password).
The User expressly authorizes the Company to place a so-called "cookie" file on the user's hard drive.
The User has the possibility of blocking, modifying the retention period, or deleting this cookie via the interface of his browser. If the systematic deactivation of cookies on the User's browser prevents him from using certain services or functionalities of the Site, this malfunction cannot in any case constitute damage for the member who cannot claim any compensation for this fact.
14. TRANSFER OF RISKS AND OWNERSHIP
Knit On retains ownership of the Products sold until full payment of the price by the Customer. It can therefore repossess said Products in the event of non-payment. In this case, the deposits paid will remain with Knit On as compensation.
15. LEGAL GUARANTEES
The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:
Article L.217-4 of the Consumer Code:
“The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility. ”
Article L.217-5 of the Consumer Code:
“The goods comply with the contract:
1 ° If it is suitable for the use normally expected of similar goods and, if applicable:
if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted ”
Article 1641 of the Civil Code:
"The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which reduces such use so much that the buyer would not have acquired it, or would have given a lesser price, if he had known them. "
Any Product sold altered, modified or transformed is not covered by the warranty.
This is limited to the replacement or reimbursement of non-conforming Products or affected by a defect. It is excluded in the event of misuse or abnormal use of the Product as well as in the event that the Product does not comply with the legislation of the country in which it is delivered.
The Customer must inform Knit On of the existence of the defects within two years. Knit On will rectify Products deemed defective as far as possible. If the responsibility of Knit On is retained, the guarantee is limited to the amount excluding tax paid by the Consumer for the supply of the Products.
The replacement of the Products does not have the effect of extending the duration of the warranty.
Knit On reserves the right to modify the Site, the services offered there, the GTC as well as any delivery procedure or other component of the products sold and the services provided by Knit On through the Site.
When placing an Order, the User is subject to the stipulations set out in the GTC in force at the time of placing the Order.
Knit On can in no way be held responsible for the unavailability, whether temporary or permanent, of the Website and, although it implements all means to permanently ensure the service, it may be that this is interrupted at any time. In addition, Knit On reserves the right, by a voluntary act, to make the Site unavailable in order to carry out any update, improvement or maintenance operation.
As previously mentioned herein, Knit On can in no way be held responsible for delays in sending a product or providing a service for reasons beyond its control, beyond its control, unpredictable and irresistible or whose fault cannot be attributed to him.
18. INTELLECTUAL PROPERTY
The brand, logo, and graphic charter of this Site are trademarks registered with the INPI.
All the content available on the Knit On.fr site: photos, video, texts, illustrations, tutorials and knitting patterns are works protected by intellectual property, the property of which belongs exclusively to Déborah Le Port. Any exploitation, representation, reproduction, whether partial or complete without the express authorization of Déborah Le Port will expose the offender to civil and criminal proceedings.
All the tutorials and knitting patterns available for purchase or free on Knit On.fr must not be copied, shared, distributed without the express consent of Déborah Le Port and the products made from these tutorials and patterns of knitting cannot be sold.
19. ATTRIBUTIVE JURISDICTION
The law governing the GTC is French law. Any dispute that may arise between Knit On and a User during the execution of this agreement will be the subject of an attempt to resolve it amicably. Otherwise, disputes will be brought to the attention of the competent courts of ordinary law.
20. ACCEPTANCE OF GTC
The Customer or the User expressly accepts the GTC.
The Customer declares that he is aware of it and renounces to avail himself of any other document, in particular his own general conditions of purchase.
The Consumer acknowledges having read the information and information provided for in articles L.111-1 to L.111-7 of the Consumer Code, and in particular:
- the essential characteristics of the Product;
- The price of the products ;
- the date or time by which Knit On agrees to provide the Service;
- information relating to the identity of Knit On (postal, telephone, electronic contact details);
- information relating to legal and contractual guarantees and their methods of implementation;
- the possibility of resorting to conventional mediation in the event of a dispute;
- information relating to the right of withdrawal (deadline, methods of exercise).