Terms and Conditions

Terms and Conditions

applicable from 06/01/2025

1. PARTIES

These general terms and conditions apply between LA CAVERNE EXOTIQUE, registered office: 94210, France, telephone: +336.71.29.92.96.

Email lacaverneexotiquepdt@gmail.com, hereinafter referred to as "the Publisher," and any natural or legal person, of private or public law, registered on the Site to purchase a Product, hereinafter referred to as "the Customer."

2. DEFINITIONS

" Client ": any natural or legal person, of private or public law, registered on the Site.

" Site Content" : elements of any nature published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.

" The Publisher ": La Caverne Exotique, in its capacity as publisher of the Site.

" Internet user ": any person, natural or legal, of private or public law, connecting to the Site.

" Product ": any good of any kind sold on the Site by the Publisher to Customers.

" Site ": website accessible at the URL XXX, as well as sub-sites, mirror sites, portals and URL variations related thereto.

3. SCOPE OF APPLICATION

The Site is freely and publicly accessible to all Internet users. Browsing the Site implies acceptance by all Internet users of these general terms and conditions. Simply connecting to the Site, by any means whatsoever, including via a robot or browser, constitutes full and complete acceptance of these general terms and conditions. Upon registration on the Site, this acceptance will be confirmed by checking the corresponding box.

The Internet user hereby acknowledges that they have fully read and understood these terms and conditions and accept them without restriction.

Checking the aforementioned box shall be deemed to have the same value as a handwritten signature from the User. The User acknowledges the evidentiary value of the Publisher's automatic recording systems and, unless he can prove otherwise, waives the right to contest them in the event of a dispute.

These general terms and conditions apply to the relationship between the parties to the exclusion of all other conditions, and in particular those of the Internet user.

By accepting these general terms and conditions, Internet users acknowledge that they possess the necessary legal capacity to do so, or, if they lack such capacity, that they have the authorization of a guardian or curator if they are incapacitated, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.

4. PURPOSE OF THE SITE

The purpose of the Site is to sell Products to Customers.

5. ORDER STEPS

5.1. Command

To place an order, users can select one or more Products and add them to their shopping cart. Product availability is indicated on the Site, in the description of each item. Once their order is complete, they can access their shopping cart by clicking on the button provided for this purpose.

5.2. Order validation by the User

By consulting their shopping cart, Internet users will be able to check the number and type of products they have chosen and verify their unit price and total price. They will be able to remove one or more products from their cart.

If their order is satisfactory, users can validate it. They will then access a form where they can either enter their login credentials if they already have an account, or register on the Site by completing the registration form with their personal information.

5.3. Payment by the Client

Once logged in or after having fully completed the registration form, Customers will be invited to check or modify their delivery and billing information, and will then be invited to make their payment by being redirected to the secure payment interface with the mention "order with payment obligation" or any similar wording.

5.4. Order confirmation by the Publisher

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

6. PRICE - PAYMENT

6.1. Price

The applicable prices are those displayed on the Site on the day of the order. These prices may be changed at any time by the Publisher. The displayed prices are only valid on the day of the order and are not valid for the future.

The prices shown on the Site are in euros, all taxes included, excluding delivery costs.

6.2. Payment method

The Customer can make their payment via Paypal, Stripe. Credit card payments are made using secure transactions provided by [bankGateways].

For payments made by credit card, the Publisher does not have access to any data relating to the Customer's payment method. The payment is made directly to the bank.

In the case of payment by postal order, check or bank transfer, delivery times only begin to run from the date of receipt of payment by the Publisher.

6.3. Billing

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

6.4. Default of payment

The agreed payment dates cannot be delayed under any pretext, including in the event of a dispute.

Any sum not paid by the due date will automatically and without formal notice give rise to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the enforceability of the sums due in principal.

Furthermore, any payment delay will result in the defaulting Client being charged recovery costs of €40, the immediate due date of all outstanding amounts regardless of the agreed deadlines, increased by a penalty of 20% of the amount, as well as the possibility of unilaterally terminating the contract at the Client's fault. This clause falls within the framework of the provisions of Article 1152 of the Civil Code, allowing the judge to reduce the compensation if the judge considers it excessive.

6.5. Retention of Title

The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.

7. PUBLISHER'S RESPONSIBILITY

7.1. Nature of the Publisher's Obligations

The Publisher undertakes to exercise the necessary care and diligence in providing Products of a quality conforming to the specifications of these General Terms and Conditions. The Publisher is only liable for an obligation of means concerning the services covered by these Terms and Conditions.

7.2. Force Majeure - Client's Fault

The Publisher shall not be liable in the event of force majeure or fault of the Client, as defined in this article:

7.2.1. Force majeure

For the purposes of these general terms and conditions, any impediment, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, fault attributable to the access provider, failure of transmission networks, collapse of facilities, illicit or fraudulent use of passwords, codes or references provided to the Client, computer hacking, a security breach attributable to the Site host or developers, flood, power outage, war, embargo, law, injunction, request or demand of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of the Publisher, shall be considered a case of force majeure opposable to the Client. In such circumstances, the Publisher shall be excused from the performance of its obligations to the extent of such impediment, limitation or disruption.

7.2.2. Client's Fault

For the purposes of these General Terms and Conditions, any misuse of the Service, fault, negligence, omission or failure on the part of the Client or their employees, non-compliance with the advice given by the Publisher on its Site, any disclosure or illicit use of the Client's password, codes and references, as well as the provision of incorrect information or failure to update such information in their personal space, will be considered a fault attributable to the Client. The implementation of any technical process, such as robots or automated queries, the implementation of which would violate the letter or spirit of these general terms and conditions of sale, will also be considered a fault attributable to the Client.

7.3. Technical Problems - Hypertext Links

In the event of inability to access the Site due to technical problems of any kind, the Client shall not be able to claim damages and shall not be entitled to any compensation. The unavailability, even prolonged and without any time limit, of one or more online services cannot constitute a prejudice for the Clients and cannot in any way give rise to the awarding of damages by the Publisher.

The hypertext links on the Site may lead to other websites. The Publisher cannot be held responsible if the content of these sites violates current legislation. Similarly, the Publisher cannot be held responsible if a user's visit to one of these sites causes them harm.

Given the current state of technology, the rendering of the Product representations offered for sale on this Site, particularly in terms of colors or shapes, may vary significantly from one computer to another or differ from reality depending on the quality of the graphics accessories and screen or the display resolution. These variations and differences cannot under any circumstances be attributed to the Publisher, who cannot in any way be held liable for this.

7.4. Damages payable by the Publisher

In the absence of contrary legal or regulatory provisions, the Publisher's liability is limited to the direct, personal and certain damage suffered by the Client and related to the failure in question. The Publisher shall in no case be held liable for indirect damages such as, in particular, data loss, commercial damage, loss of orders, damage to brand image, business disruption and loss of profits or customers. Similarly, and within the same limits, the amount of damages payable by the Publisher shall in no case exceed the price of the Product ordered.

7.5. Hypertext links and Site content

The Site Content is published for informational purposes only, without any guarantee of accuracy. The Publisher cannot under any circumstances be held responsible for any omission, inaccuracy, or error contained in this information that would cause direct or indirect damage to the Internet user.

8. FINAL PROVISIONS

8.1. Applicable Law

These general terms and conditions are governed by French law.

8.2. Modifications to these general terms and conditions

These general terms and conditions may be modified at any time by the Publisher. The general terms and conditions applicable to the Customer are those in effect on the day of their order or connection to this Site; any new connection to the personal area implies acceptance, if applicable, of the new general terms and conditions.

8.3. Disputes

Pursuant to Ordinance No. 2015-1033 of August 20, 2015, any dispute with a consumer client that may arise in connection with the execution of these general terms and conditions, and which has not been amicably resolved between the parties beforehand, must be submitted to Medicys: www.medicys.fr .

Furthermore, the consumer customer is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Any dispute relating to or arising out of this contract shall be settled by arbitration in accordance with the rules of the Digital Institute of Arbitration and Mediation: www.fast-arbitre.com .

8.4. Completeness

The invalidity of one of the clauses of this contract shall not entail the invalidity 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, as far as possible, replace the annulled stipulation with a valid stipulation corresponding to the spirit and object of this agreement.

8.5. Non-waiver

The failure of the Publisher to exercise the rights granted to it herein shall in no way be interpreted as a waiver of the right to assert said rights.

8.6. Telephone Solicitation

The Customer is informed that they have the option to register on the list of opposition to telephone solicitation at the address http://www.bloctel.gouv.fr/ .

8.7. Languages of these general terms and conditions

These general terms and conditions are offered in French.

8.8. Abusive clauses

The stipulations of these general terms and conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning abusive clauses in contracts concluded between a professional and a consumer.