Terms and Conditions of Sale

Preamble

These Terms and Conditions of Sale (hereinafter "T&Cs") govern the contractual relationship between MEDITERRA NÉGOCE & SERVICES, an EURL (French single-member limited liability company) with share capital of €5,000, registered with the Paris Trade and Companies Register under number 131 637 019, whose registered office is at 231 rue Saint-Honoré, 75001 Paris, France, operating the website under the trade name CherlyPrints (hereinafter "the Seller"), and any adult individual making a purchase on the website accessible at https://cherlyprints.com (hereinafter "the Customer").

The Seller sells customisable magnets made from photos provided by the Customer. By placing an order, the Customer acknowledges having read, understood and accepted these T&Cs without reservation.

These T&Cs apply exclusively to sales concluded between the Seller and consumers within the meaning of the French Consumer Code (Code de la consommation), residing in metropolitan France and the European Union. They take precedence over any other document, except for specific agreements expressly accepted in writing by the Seller.

The Seller reserves the right to modify these T&Cs at any time. The T&Cs applicable to an order are those in force on the date the order is placed.

Products

The Seller offers for sale personalised magnets manufactured on demand, using photos uploaded by the Customer during the personalisation process. Magnets are available in different quantities corresponding to the packages displayed on the site, each specifying the number of magnets and the corresponding total price.

The products are personalised items: manufacturing is started only after the order has been validated and paid for. Each product is unique and made specifically for the Customer using the images they have provided.

The photographs and visuals presented on the site are for illustrative purposes only. The final result may vary slightly depending on the quality of the image provided by the Customer, their screen's characteristics, or printing variations inherent to any physical manufacturing process. Such minor variations do not constitute a lack of conformity.

The Customer is solely responsible for the quality and resolution of the images they upload. The Seller does not perform any artistic retouching of images without the Customer's express consent.

Prices

Prices displayed on the site are shown in euros (€) and represent the net price actually paid by the Customer. The Seller benefits from the French VAT franchise regime provided for in Article 293 B of the French General Tax Code (Code général des impôts): VAT is neither charged nor collected by the Seller, and the statement "TVA non applicable, art. 293 B du CGI" (French VAT franchise regime, no VAT charged) appears on each invoice, in accordance with Article 293 E of the French General Tax Code.

Shipping costs are not included in the price of the products. They depend on the delivery method chosen, the destination country and the weight of the order, and are clearly shown before the order is finally confirmed.

In the event that the Seller exceeds the VAT franchise thresholds or opts to pay VAT, the prices displayed would become inclusive of VAT, the applicable VAT rate would be shown on the invoice, and these T&Cs would be updated accordingly. The Customer would be informed before any order placed after such a change.

The Seller reserves the right to change prices at any time. The prices applicable to an order are those displayed at the time the Customer confirms the order.

Customers may benefit from promotional codes issued by the Seller. These codes are personal, single-use unless otherwise stated, and cannot be combined with each other. Their value is deducted from the order total before shipping costs are calculated, unless otherwise specified.

Ordering process

Placing an order is carried out through the following steps:

1. Selection of the package (number of magnets desired) on the site. 2. Uploading personalisation images and configuring the magnets. 3. Adding to cart and reviewing the summary (products, quantities, total price, delivery costs). 4. Entering delivery information (first name, last name, address, country, phone number). 5. Reading these T&Cs, which exclude the right of withdrawal for personalised products. Clicking the payment button constitutes acceptance of the T&Cs. 6. Secure payment via Stripe. The order is confirmed upon receipt of payment.

The Customer receives an order confirmation email at the address provided when placing the order. This email contains the order summary and the invoice as an attachment (PDF format).

The Seller reserves the right to refuse or cancel an order in the event of a dispute regarding payment of a previous order, incorrect information, or suspicion of fraud. In such a case, the Customer is informed by email and fully refunded.

Payment

Payment is made exclusively online, at the time the order is confirmed, via the secure payment platform Stripe (Stripe Payments Europe Limited, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland). The payment methods accepted are those offered by Stripe at the time of the transaction (including Visa, Mastercard, and American Express credit and debit cards).

The Customer's banking details (card number, expiry date, security code) are entered directly on an interface hosted and secured by Stripe in accordance with the PCI-DSS standard. The Seller never has access to this data and does not store it. Only a transaction identifier (payment_intent_id) is kept in our system for accounting traceability purposes.

In the event of a payment requiring strong authentication (3D Secure / 3DS2), the Customer may be redirected to their bank's authentication page. The order is only finalised upon receipt of payment confirmation from Stripe.

The charge is made at the time the order is confirmed. Manufacturing is started only after effective payment confirmation.

Delivery

The Seller delivers to mainland France (Corsica included), Belgium, Germany, Spain, Italy and the Netherlands; Monaco and the French overseas territories are not served. At the Delivery step of the order, the Customer chooses pickup point or home delivery, then a carrier among those available for their address and the weight of their order (Mondial Relay, Colissimo or Chronopost). Shipments are handled through the Sendcloud platform.

Shipping costs depend on the method, the carrier, the country and the weight of the order. They are shown before the order is confirmed and charged as shown.

Any order paid before 3 pm on a working day (Monday to Friday, public holidays excluded) is shipped the same day; otherwise, on the next working day. The transit time shown at the time of choice is the carrier's estimate, given for information only.

An email with the tracking number is sent to the Customer on dispatch. For pickup point delivery, the Customer collects the parcel with an identity document, within the time stated by the carrier. A parcel returned to the Seller because of a wrong address or because it was not collected may be sent again once new shipping costs are paid; the products, being personalised, are not refunded.

The parcel travels at the Seller's risk until the Customer takes possession of it (article L216-4 of the French Consumer Code). A parcel that is lost (declared lost by the carrier or whose tracking has not changed for 10 working days), damaged or incomplete, reported within 14 days, gives rise to a free reprint, shipped within 2 working days; a refund is only made in the cases provided for by law, described on the [Returns & Refunds](/retours) page. After 14 days, the legal guarantee of conformity applies. Details are given in the [shipping policy](/livraison).

If delivery is more than 30 days late from the order date, the Customer may give the Seller formal notice by email, then cancel the sale in accordance with articles L216-2 and L216-3 of the French Consumer Code.

Right of withdrawal

In accordance with Articles L221-18 et seq. of the French Consumer Code (Code de la consommation), the consumer is in principle entitled to a 14-day period from receipt of the goods to exercise their right of withdrawal, without having to give reasons for their decision.

However, in accordance with Article L221-28 3° of the French Consumer Code, this right of withdrawal does not apply to contracts for the supply of goods made to the consumer's specifications or clearly personalised.

The application of this exception to our products is described in the following section.

Exception to the right of withdrawal, personalised products

The magnets sold on this site are manufactured specifically for each Customer, using the personal photos that they have chosen and uploaded when placing their order. These products constitute goods "made to the consumer's specifications or clearly personalised" within the meaning of Article L221-28 3° of the French Consumer Code (Code de la consommation).

Consequently, the 14-day right of withdrawal provided for in Article L221-18 of the French Consumer Code is excluded for all orders placed on this site.

In accordance with Article L221-5 of the French Consumer Code, the Customer is informed of this exclusion before placing the order, through these T&Cs, which the Customer accepts by clicking the payment button. The date and time of this acceptance are recorded in our system as evidence.

This exclusion does not affect the statutory warranties of conformity and against hidden defects described in the following section, nor the Customer's right to obtain replacement or reimbursement for a genuinely defective or non-conforming product.

Legal warranties

Statutory warranty of conformity (Articles L217-3 to L217-20 of the French Consumer Code):

The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The statutory warranty of conformity applies independently of any commercial warranty that may be granted.

In the event of a lack of conformity, the consumer is entitled to have the goods brought into conformity by repair or replacement, or, where these solutions are impossible, to a reduction in price or to cancellation of the contract under the conditions set out in the Consumer Code.

The consumer may act within two years from delivery of the goods.

Statutory warranty against hidden defects (Articles 1641 to 1649 of the French Civil Code):

The seller is liable for hidden defects in the item sold that render it unfit for the use for which it was intended, or that so diminish its use that the buyer would not have purchased it, or would have paid a lower price for it, had they known about them.

Under the warranty against hidden defects, the Customer may choose between cancellation of the sale or a reduction in the sale price, in accordance with Article 1644 of the French Civil Code.

To exercise a warranty, the Customer contacts the Seller by email at contact@cherlyprints.com, including a description of the defect and photographs. The Seller undertakes to respond within 5 business days.

Liability

The Seller cannot be held liable for indirect damages arising from the purchase of products offered on the site.

The Customer is solely responsible for the choice of images uploaded for personalisation of their magnets. The Customer warrants to the Seller that they hold all necessary rights to the images provided (copyright, image rights of persons depicted, trade mark rights, etc.) and that they do not infringe the rights of third parties or public order and morality. The Customer undertakes to indemnify the Seller for any loss, damage or expense (including legal fees) resulting from a third-party claim based on the uploaded images.

The Seller reserves the right to refuse to manufacture any magnet whose images appear manifestly unlawful (sexual representation of minors, incitement to hatred, content protected by copyright without authorisation, etc.).

The Seller cannot be held liable in the event of force majeure, as defined by French case law, or in the event of malfunctions attributable to third-party service providers (payment operator, carrier).

Dispute resolution

In the event of a dispute relating to an order, the Customer is invited to contact the Seller's customer service at contact@cherlyprints.com in the first instance in order to seek an amicable solution.

Consumer mediation: in accordance with Articles L611-1 et seq. of the French Consumer Code (Code de la consommation), the Customer may have free recourse to a consumer mediator. The Seller's competent mediator is:

MED CONSO DEV — Médiation Consommation Développement (formerly CNPM) Centre d'Affaires Stéphanois, Immeuble l'Horizon, Esplanade de France, 3 rue J. Constant Milleret, 42000 Saint-Étienne, France Website: https://www.medconsodev.eu Online referral form: https://www.medconsodev.eu/saisine-en-ligne-mediationconso-art-5.html

The referral to the mediator must take place within one year of the written complaint previously addressed to the Seller and after an attempt at amicable resolution.

Applicable law

These T&Cs are governed by French law. Any dispute relating to their interpretation or performance falls within the jurisdiction of the French courts.

In accordance with Article L232-1 of the French Consumer Code (Code de la consommation), the mandatory provisions of the consumer law of the country of habitual residence of the consumer Customer within the European Union remain applicable to them where they offer greater protection than French law.