Terms and Conditions of Sale

ARTICLE 1. PARTIES
These general terms and conditions apply between Enchanted Peach, FR, phone: 0756924901, email: contact@enchanted-peach.com, VAT not applicable, Article 293B of the CGI, hereinafter referred to as "the Publisher" and any person, physical or legal, under private or public law, registered on the Site to purchase a Product, hereinafter referred to as "the Client".

ARTICLE 2. DEFINITIONS

• "Client": any person, physical or legal, under private or public law, registered on the Site.
• "Site Content": elements of any kind published on the Site, protected or not by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases, or software.
• "Publisher": Enchanted Peach, in its capacity as the publisher of the Site.
• "Internet User": any person, physical or legal, under private or public law, connecting to the Site.
• "Product": any kind of good sold on the Site by the Publisher to Clients.
• "Site": the website accessible at the URL Enchanted Peach, as well as related sub-sites, mirror sites, portals, and URL variations.

ARTICLE 3. SCOPE
The Site is free and open access to any Internet User. Browsing the Site implies the acceptance of these general terms by any Internet User. The simple connection to the Site, by any means, including via a robot or a browser, constitutes full acceptance of these general terms. Upon registration on the Site, this acceptance is confirmed by checking the corresponding box.

The Internet User acknowledges having fully read and accepted them without restriction.
Checking the aforementioned box will be deemed to have the same value as a handwritten signature by the Internet User. The Internet User acknowledges the probative value of the Publisher's automatic recording systems and, unless the Internet User provides proof to the contrary, waives the right to contest them in case of dispute.

These general terms and conditions apply to the relationship between the parties to the exclusion of all other conditions, particularly those of the Internet User.
The acceptance of these general terms and conditions implies that the Internet Users have the legal capacity to do so, or failing that, that they have the authorization of a guardian or curator if they are incapable, or of their legal representative if they are minors, or that they hold a mandate if acting on behalf of a legal entity.

ARTICLE 4. PURPOSE OF THE SITE
The Site is intended for the sale of Products to Clients.

ARTICLE 5. ORDERING STEPS
5.1. ORDER
To place an order, Internet Users can select one or more Products and add them to their cart. The availability of Products is indicated on the Site in the descriptive sheet of each item. Once their order is complete, they can access their cart by clicking the button provided for this purpose.

5.2. VALIDATION OF THE ORDER BY THE INTERNET USER
By viewing their cart, Internet Users will be able to verify the number and nature of the Products they have chosen and check their unit price as well as their total price. They will have the possibility to remove one or more Products from their cart.
If their order is satisfactory, Internet Users can validate it. They will then access a form where they can either enter their login credentials if they already have them or register on the Site by completing the registration form with their personal information.

5.3. PAYMENT BY THE CLIENT
Once they are logged in or have fully completed the registration form, Clients will be invited to review or modify their delivery and billing details and then invited to make their payment by being redirected to the secure payment interface containing the mention "order with obligation to pay" or any similar phrase.

5.4. ORDER CONFIRMATION BY THE PUBLISHER
Once payment has been received by the Publisher, the latter agrees to acknowledge receipt to the Client electronically within a maximum of 24 hours. Within the same timeframe, the Publisher agrees to send the Client a summary email of the order, confirming its processing, including all relevant information.

ARTICLE 6. PRICES - PAYMENT

6.1. PRICES
The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by the Publisher. The prices displayed are only valid on the day of the order and do not apply to future purchases.

The prices indicated on the Site are in euros, including all taxes, excluding delivery fees.

6.2. PAYMENT TERMS
The Client may make their payment via Paypal, Stripe, Amazon Pay, Authorize.Net, Google Pay, or Shopify Payment.

In the case of payments by credit card, the Publisher does not have access to any data related to the Client's payment methods. Payment is made directly to the banking institution.

In case of payment by mandate, check, or bank transfer, delivery times only start once the payment has been successfully received by the Publisher.

6.3. INVOICING
The Publisher will send or make available an invoice to the Client by electronic means after each payment. The Client expressly agrees to receive invoices electronically.

6.4. NON-PAYMENT
Payment dates cannot be delayed for any reason, including disputes.

Any sum not paid when due will automatically and without notice incur late payment penalties calculated at a rate three times the legal interest rate, without affecting the principal sum's enforceability.

In addition, any delay in payment will result in the defaulting Client being charged a recovery fee of €40, the immediate enforceability of all sums due regardless of any agreed deadlines, increased by a 20% penalty clause, and the possibility of unilaterally terminating the contract at the Client's expense. This clause is included in accordance with Article 1152 of the Civil Code, which allows the judge to reduce the penalty if it is deemed excessive.

6.5. RETENTION OF OWNERSHIP
Products sold remain the property of the Publisher until full payment of their price.

ARTICLE 7. CUSTOMER SERVICE
The Site's customer service is accessible Monday to Friday from 08:30 to 18:00 at the following non-premium rate phone number: 0756924901, by email at contact@enchanted-peach.com, or by postal mail to the address mentioned in Article 1 of these general conditions. In the latter two cases, the Publisher commits to responding within 48 business days.

ARTICLE 8. PERSONAL SPACE

8.1. CREATING THE PERSONAL SPACE
Creating a personal space is a prerequisite for any order from an Internet User on the Site. To this end, the Internet User will be asked to provide a certain amount of personal information. Some of this information is considered essential for creating the personal space. Refusal by an Internet User to provide such information will prevent the creation of the personal space and, incidentally, the validation of the order.

When creating the personal space, the Internet User is invited to choose a password. This password guarantees the confidentiality of the information contained in the personal space. The Internet User must not transmit or share this password with any third party. If they do so, the Publisher cannot be held responsible for unauthorized access to the Internet User's personal space.

The Client agrees to regularly verify the data concerning them and to update or modify it as necessary through their personal space.

8.2. CONTENT OF THE PERSONAL SPACE
The personal space allows the Client to consult and track all their orders placed on the Site.

The pages related to personal spaces can be freely printed by the account holder, but they do not constitute admissible proof in court. They are merely informational, intended to facilitate the Client's order management.

The Publisher commits to securely store all contractual elements required by law or regulation.

8.3. DELETION OF THE PERSONAL SPACE
The Publisher reserves the right to delete the account of any Client who violates these general conditions, particularly if the Client provides inaccurate, incomplete, misleading, or fraudulent information, or if the Client’s personal space has been inactive for at least one year. Such deletion will not be considered a fault of the Publisher nor a damage to the excluded Client, who will not be entitled to any compensation.

This exclusion is without prejudice to the possibility for the Publisher to undertake legal proceedings against the Client if the facts justify it.

ARTICLE 9. PERSONAL DATA

9.1. IDENTITY OF THE DATA CONTROLLER
The data controller for the data collected on the Site is the Publisher.

9.2. IDENTITY OF THE DATA PROTECTION OFFICER
The data protection officer is enchanted-peach.com.

9.3. DATA COLLECTED

9.3.1. DATA COLLECTED FROM CLIENTS
As part of its contractual relationships, the Publisher may collect and process the following information from its Clients: Email, First Name, Last Name, Phone.

9.3.2. PURPOSES OF DATA PROCESSING
The data collected during the contractual relationship is subject to automated processing for the following purposes:

• To engage in legal proceedings;
• To verify the identity of Clients.

9.3.3. LEGAL BASES OF PROCESSING
The data collected is based on a contractual relationship.

9.3.4. RECIPIENTS OF DATA
The data collected is accessible only to the Publisher and is strictly necessary for fulfilling contractual obligations.

This data, whether in individual or aggregate form, is never made freely viewable by a third party.

9.3.5. DATA RETENTION PERIOD
Personal data collected is kept for the duration of the contractual relationship and for as long as the Publisher may be held liable.

After the retention period, the Publisher commits to permanently delete the data of the persons concerned without retaining a copy.

9.3.6. SECURITY AND CONFIDENTIALITY OF PERSONAL DATA
Personal data is stored under secure conditions, according to current technical standards, and in compliance with the provisions of the General Data Protection Regulation (GDPR) and national legislation in force.

Access to the Publisher's premises is also secured.

9.3.7. MINIMIZATION OF DATA
The Publisher may also collect and process any data voluntarily provided by its Clients.

The Publisher directs its Clients to provide only the personal data necessary for fulfilling contractual obligations.

The Publisher commits to only keep and process data strictly necessary for its professional activities and will delete any unnecessary data received as soon as possible.

9.4. RESPECT FOR RIGHTS

Clients of the Publisher have the following rights regarding their personal data, which they can exercise by writing to the Publisher's postal address or by completing the online contact form.

9.4.1. RIGHT TO INFORMATION, ACCESS, AND DATA COMMUNICATION
Clients have the right to access their personal data.

Due to the obligation of security and confidentiality in the processing of personal data that lies with the Publisher, requests will only be processed if Clients provide proof of their identity, notably by producing a scan of their valid ID (in the case of an electronic request) or a signed photocopy of their valid ID (in the case of a written request), both accompanied by the statement, "I certify on my honor that this copy of my ID is a true copy of the original. Done at ... on ...", followed by their signature.

9.4.2. RIGHT TO RECTIFICATION, DELETION, AND RIGHT TO BE FORGOTTEN

Clients of the Publisher have the right to request the correction, update, blocking, or deletion of their personal data that may be inaccurate, erroneous, incomplete, or outdated.

Clients of the Publisher can also define general and specific guidelines regarding the fate of their personal data after their death. Where applicable, the heirs of a deceased person can request that the death of their relative be taken into account and/or request necessary updates.

To assist in their efforts, Clients can find a template letter created by the CNIL (Commission Nationale de l'Informatique et des Libertés) here.

9.4.3. RIGHT TO OBJECT TO DATA PROCESSING

Clients of the Publisher have the right to object to the processing of their personal data.

To assist them in this process, Clients can find a template letter created by the CNIL (Commission Nationale de l'Informatique et des Libertés) here.

9.4.4. RIGHT TO DATA PORTABILITY

Clients of the Publisher have the right to receive the personal data they have provided to the Publisher in a transferable, open, and machine-readable format.

9.4.5. RIGHT TO RESTRICT PROCESSING

Clients of the Publisher have the right to request that the processing of their personal data by the Publisher be limited. In such cases, their data will only be stored and not used by the Publisher.

9.4.6. RESPONSE TIMES

The Publisher commits to responding to any request for access, rectification, objection, or any other additional request for information within a reasonable timeframe, which shall not exceed 1 month from the receipt of the request.

9.5. TRANSFER OF COLLECTED DATA

9.5.1. TRANSFER TO PARTNERS
The Publisher uses authorized service providers to facilitate the collection and processing of its Clients' data. These service providers may be located outside the European Union.

The Publisher ensures in advance that its service providers implement adequate safeguards and comply with strict confidentiality, usage, and data protection conditions, for example, through the U.S. Privacy Shield.

9.5.2. TRANSFER ON REQUEST OR JUDICIAL DECISION
Clients also consent to the Publisher disclosing the collected data to any person, upon request from a state authority or by judicial decision.

9.5.3. TRANSFER AS PART OF A MERGER OR ACQUISITION
If the Publisher is involved in a merger, sale of assets, financing operation, liquidation, or bankruptcy, or in an acquisition of all or part of its business by another company, Clients consent to the data collected being transferred by the Publisher to this company and that this company operates the data processing under the terms of these General Conditions of Service in place of the Publisher.

ARTICLE 10. RESPONSIBILITY OF THE PUBLISHER

10.1. NATURE OF THE PUBLISHER'S OBLIGATIONS
The Publisher commits to exercising the necessary care and diligence in providing quality Products in compliance with the specifications of these General Terms and Conditions. The Publisher is only bound by an obligation of means regarding the services that are the subject of these terms.

10.2. FORCE MAJEURE - CLIENT FAULT
The Publisher will not be held liable in cases of force majeure or the Client's fault, as defined in this article:

10.2.1. FORCE MAJEURE
For the purposes of these general conditions, force majeure refers to any obstacle, limitation, or disruption of the Service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, failure attributable to the internet service provider, transmission network failure, collapse of facilities, illegal or fraudulent use of passwords, codes, or references provided to the Client, hacking, a security flaw attributable to the Site’s host or developers, flooding, power outage, war, embargo, law, injunction, request, or demand from any government, requisition, strike, boycott, or any other circumstances beyond the reasonable control of the Publisher. In such circumstances, the Publisher will be relieved of the obligation to fulfill its duties within the scope of the obstacle, limitation, or disruption.

10.2.2. CLIENT FAULT
For the purposes of these General Terms and Conditions, Client fault refers to any misuse of the Service, error, negligence, omission, or failure on their part or that of their agents, non-compliance with the advice given by the Publisher on its Site, any unlawful disclosure or use of the Client's passwords, codes, and references, as well as the provision of incorrect information or the failure to update such information in their personal space. The use of any technical process, such as robots or automated queries, that would contravene the letter or spirit of these General Terms of Sale will also be considered a fault of the Client.

10.3. TECHNICAL PROBLEMS - HYPERTEXT LINKS
In the event of the Site being inaccessible due to technical issues of any kind, the Client may not claim any damages or compensation. Prolonged unavailability of one or more online services, regardless of the duration, cannot constitute harm to Clients and cannot give rise to the award of damages by the Publisher.

Hypertext links on the Site may lead to other websites. The Publisher's responsibility cannot be engaged if the content of these sites contravenes current legislation. Similarly, the Publisher cannot be held responsible if the visit to one of these sites by the Internet User causes harm.

Given the current state of technology, the representation of the Products offered for sale on this Site, particularly in terms of colors or shapes, may vary slightly depending on the computer used and its display settings. Such variations and differences cannot be attributed to the Publisher, who cannot be held responsible in any way for these differences.

10.4. DAMAGES CHARGEABLE TO THE PUBLISHER
Unless otherwise provided by law or regulation, the Publisher's liability is limited to direct, personal, and certain damages suffered by the Client and directly related to the failure in question. The Publisher cannot, under any circumstances, be held liable for indirect damages such as data loss, commercial harm, loss of orders, damage to the brand image, business disruption, or loss of profits or customers. Similarly, and within the same limits, the amount of damages payable by the Publisher cannot exceed the price of the Product ordered.

10.5. HYPERTEXT LINKS AND SITE CONTENT
The Content of the Site is published for informational purposes only, without any guarantee of accuracy. The Publisher cannot be held responsible for any omission, inaccuracy, or error contained in these pieces of information, which could be the source of direct or indirect damage to the Internet User.

ARTICLE 11. INTELLECTUAL PROPERTY

11.1. LEGAL PROTECTION OF SITE CONTENT
The content on the Site may be protected by copyright and database rights. Any representation, reproduction, translation, adaptation, or transformation, whether in whole or in part, carried out illegally and without the consent of the Publisher or its successors or assigns constitutes a violation of Books I and III of the French Intellectual Property Code and may result in legal action for infringement.

ARTICLE 12. FINAL PROVISIONS

12.1. APPLICABLE LAW
These general conditions are subject to the application of French law.

12.2. MODIFICATIONS TO THESE GENERAL CONDITIONS
These general conditions may be modified at any time by the Publisher. The general conditions applicable to the Client are those in effect on the day of their order or connection to the Site. Any new connection to the personal space implies acceptance, if applicable, of the new general conditions.

12.3. DISPUTES
In accordance with ordinance no. 2015-1033 of August 20, 2015, any disputes that may arise in the context of the execution of these general conditions and for which no amicable solution has been found between the parties shall be submitted to mediation.

Moreover, the Client is informed of the existence of the online dispute resolution platform.

Since January 1, 2016, mediation is mandatory for all. Thus, any professional selling to individuals is required to provide the contact details of a competent Mediator in the event of a dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).

12.4. ENTIRETY
The nullity of any clause of this contract shall not result in the nullity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties shall, to the extent possible, replace the invalid provision with a valid provision corresponding to the spirit and purpose of these terms.

12.5. NON-WAIVER
The fact that the Publisher does not exercise the rights granted by these terms shall not be interpreted as a waiver to assert said rights.

12.6. TELEPHONE SOLICITATION
The Client is informed that they have the possibility of registering on the opposition list to telephone solicitation at the following address: http://www.bloctel.gouv.fr/.

12.7. LANGUAGE OF THESE GENERAL CONDITIONS
These general conditions are offered in French.

12.8. UNFAIR TERMS
The provisions of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.