This website www.spinali-design.fr is published by SPINALI DESIGN, SAS with a capital of 210 000 euros, with its head office at 21, rue de Thann, 68200 Mulhouse, registered with the Mulhouse Trade and Companies Register under number 809 372 618 00011 and the intra-Community VAT number FR 92 809372618. You can contact us by e-mail contact@spinali-design.fr.

Article 1: Introduction

The present general conditions of sale apply exclusively between SPINALI DESIGN SAS, 21 rue de Thann, 68200 Mulhouse, France (hereinafter "we") and any person visiting the website www.spinali-design.fr or making a purchase through it (hereinafter "you").

These general terms and conditions exclusively regulate your relationship with SPINALI DESIGN.

Every Internet user can read the General Sales Conditions on the website www.spinali-design.fr (hereinafter the "Site"). As these General Conditions of Sale are subject to change, the conditions in force on the Site at the time of your order shall apply.

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Article 2: The order

2.1 Conditions for placing orders

You declare that you are at least 18 years old and have the legal capacity or parental permission to place an order on the website.

2.2 Ordering

By clicking on the button "Place Order" during the ordering process and after you have checked the contents of the order in "Your Shopping Cart" and, if necessary, changed them, you declare that you accept these General Conditions of Sale in their entirety and without reservation.

After your shopping cart has been checked, you will need to select the address and the delivery method, as well as your payment method. This last step formalizes the purchase contract with SPINALI DESIGN.

After you have checked the contents of your order, confirm it definitely by your payment. The order is final only after the payment of the corresponding price.

After you have placed your order, we will send you an e-mail to confirm your order. We will inform you about the dispatch of your shipments.

2.3 Order steps

When ordering in the online store, the customer goes through the following technical steps:

Click on the "Order" field in the displayed shopping cart.

Redirection to the order summary page, where the different phases of the purchase process take place.

Enter the billing address ;

If the billing address and the delivery address are different, you can enter a different delivery address by clicking the checkbox "enter a different delivery address".

Step 2: In the next section "all items in your order" are displayed in a table; it is still possible to change the contents of the shopping cart.

Step 3: Select "Payment method" (by clicking on the desired payment method)

Validate the order by clicking the "Buy" button.

The customer can access each of these order steps via the standard functions of his Internet browser.

Article 3: Price, availability and delivery

The prices of the products sold on the website www.spinali-design.fr are indicated per item and reference and include all taxes (including VAT) excluding delivery costs. The VAT rate applied is 20%.

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At the time of confirmation of the order, the price to be paid by the customer is the fixed price, i.e. the sum of the fixed price of the items making up the order, plus the delivery costs.

We can accept your orders within the limits of available stocks. We will inform you about the availability of the items sold on the website on the information page of each item.

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If the items are not available despite our vigilance, we will inform you by e-mail as soon as possible.

In case of permanent unavailability and if we are unable to supply you with an item of equal quality and price, your order will be automatically cancelled and a refund will be issued within a maximum period of 14 days.

Article 4: Duties and taxes

Any order placed on the site and delivered outside France may be subject to possible taxes and customs duties that will be levied when the package reaches its destination. These customs duties and possible taxes related to the delivery of an item are your responsibility. We are not obliged to check the applicable duties and taxes and inform you of them. In order to know them, we advise you to check with the relevant authorities in your country.

Article 5 : Secure payment

The payment of the customer's purchases is made by credit card. The data security is guaranteed by Paypal.<:p>

The accepted credit cards are: CB, Visa and Mastercard.

In accordance with the provisions of article L 132-2 of the Monetary and Financial Code, the payment obligation entered into with a payment card is irrevocable. By providing us with your bank card number and the above-mentioned information, you authorize us to charge your credit card with the total amount of your order, including taxes (including shipping costs).

For this purpose, the Customer confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card to be debited is in fact his own. He then communicates, in a secure environment, on the website of our payment partner Paypal, the sixteen-digit number and the expiration date that appear on the front of his bank card and, if applicable, the numbers of the visual cryptogram that appears on the back of his bank card.

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Paypal is the only one that has knowledge of the customer's bank data through its secure area. This information is not shared in any way on the website www.spinali-design.fr.

Article 6 : Right of withdrawal

Articles L221-18 to L221-28 and articles R221-1 and R221-3 of the Consumer Code.

You have a 14-day withdrawal period from the date of receipt of your order to exercise your right of withdrawal.

During this period you can return the products without having to justify your reasons or pay a penalty.

All products may be subject to withdrawal, except for those excluded by law in article L221-28 of the Consumer Code, e.g. products personalized at your request, products that have been unsealed and cannot be returned for hygienic reasons.

To exercise your right of withdrawal, you can use the standard withdrawal form to be filled out here or you can make a clear statement in which you inform us of your intention to return the product to us.

SPINALI DESIGN will confirm the receipt of your cancellation by e-mail.

Then you must return the products to SPINALI DESIGN immediately and at the latest within fourteen (14) days of the notification by La Poste to SPINALI DESIGN of your decision to withdraw from the contract pursuant to article L.121-21 at the following address SPINALI DESIGN 21 rue de Thann 68200 Mulhouse FRANCE.

Exception to the right of withdrawal :

All goods produced or clearly personalized at the request of the consumer

Article 7: Return/exchange

7.1. return of an article

If for any reason you are not satisfied with your order, you can return one or more of the products within 10 days of receiving your package by following these instructions.

In accordance with articles L 121-20 et seq. of the French Consumer Code, the customer benefits from a cooling-off period of seven clear days from the date of delivery to reconsider his decision and return the item ordered without having to justify his reasons or pay any penalties, except for the cost of returning the item, which is at his expense.

In any case, items must be returned in their original packaging, complete, labelled, new, unworn, unwashed, together with all accessories and the carefully completed return label (which is enclosed with your order) to the following address:

SPINALI DESIGN 21 rue de Thann 68200 Mulhouse, France

If the return receipt is lost, a version to be filled in can be downloaded by clicking here. Before you return the items you wish to return, please fill out the return form that you will find in your package. The return of a package without a form will be refused.

Returned items that do not meet the above conditions (return in original packaging, complete, labelled, new, unworn, unwashed, together with accessories) or that are damaged, damaged or soiled by the customer will not be refunded. The costs and risks of return shipment are at the expense of the customer. The customer is therefore strongly advised to return the package by any means that provides proof of its dispatch and gives a specific date (registered with receipt, followed by Colissimo, etc.).

If the return is due to a mistake on our part, the return shipping costs paid by the customer will be refunded. Once the goods have been received, checked and accepted by our services, you will be refunded the full price of the products, excluding shipping costs. The refund of the returned items at the invoice price will be made by crediting the customer's bank account corresponding to the bank card used for payment, as soon as possible and at the latest within 15 days of receipt of the returned items. However, we cannot accept your return if it does not meet all the necessary conditions. In this case, the clothes may be returned to your address and at your expense.

7.2. exchange an article

If you are not satisfied with the color, size or style of the purchased item, you can either exchange or return it for a refund equal to the cost of the product. The procedure for an exchange is the same as for a return. You have 10 days from receipt of your package to request an exchange. Before returning the items you wish to exchange, fill out the return form that you will find in your package. You can return the SPINALI DESIGN product from La Poste to 21 rue de Thann 68200 Mulhouse

7.3. return costs

The return costs are your responsibility. If the return is due to an error on our part, the return shipping costs paid by the customer will be refunded (items not corresponding to your order, damaged delivery).

7.4. reimbursement

As soon as we receive your return and have verified that all conditions are met, you will receive an e-mail confirming acceptance of this return and will be refunded as soon as possible (no later than 15 days after receipt of the returned items). ).

SPINALI DESIGN will reimburse you for the returned products, provided that the above conditions are met, as well as the standard one-way shipping costs for the latter if you return your entire order. Surcharged deliveries will be refunded within the standard delivery costs.

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If you do not return your entire order and keep one or more ordered products, the amount of the "outgoing" shipping costs will not be refunded by SPINALI DESIGN. The refund will be made using the payment method used for the return shipment.

If, for example, the order of the products was paid by:

credit card, and your credit card is still valid Refunds will be made to the account associated with that credit card.

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If for any reason you are not satisfied with your order, you can return one or more of the products within 10 days of receiving your package by following these instructions.

In accordance with articles L 121-20 et seq. of the French Consumer Code, the customer benefits from a cooling-off period of seven clear days from the date of delivery to reconsider his decision and return the item ordered without having to justify his reasons or pay any penalties, except for the cost of returning the item, which is at his expense.

In any case, items must be returned in their original packaging, complete, labelled, new, unworn, unwashed, together with all accessories and the carefully completed return label (which is enclosed with your order) to the following address:

SPINALI DESIGN 21 rue de Thann 68200 Mulhouse, France

If the return receipt is lost, a version to be filled in can be downloaded by clicking here. Before you return the items you wish to return, please fill out the return form that you will find in your package. The return of a package without a form will be refused.

Returned items that do not meet the above conditions (return in original packaging, complete, labelled, new, unworn, unwashed, together with accessories) or that are damaged, damaged or soiled by the customer will not be refunded. The costs and risks of return shipment are at the expense of the customer. The customer is therefore strongly advised to return the package by any means that provides proof of its dispatch and gives a specific date (registered with receipt, followed by Colissimo, etc.).

If the return is due to a mistake on our part, the return shipping costs paid by the customer will be refunded. Once the goods have been received, checked and accepted by our services, you will be refunded the full price of the products, excluding shipping costs. The refund of the returned items at the invoice price will be made by crediting the customer's bank account corresponding to the bank card used for payment, as soon as possible and at the latest within 15 days of receipt of the returned items. However, we cannot accept your return if it does not meet all the necessary conditions. In this case, the clothes may be returned to your address and at your expense.

7.2. exchange an article

If you are not satisfied with the color, size or style of the purchased item, you can either exchange or return it for a refund equal to the cost of the product. The procedure for an exchange is the same as for a return. You have 10 days from receipt of your package to request an exchange. Before returning the items you wish to exchange, fill out the return form that you will find in your package. You can return the SPINALI DESIGN product from La Poste to 21 rue de Thann 68200 Mulhouse

7.3. return costs

The return costs are your responsibility. If the return is due to an error on our part, the return shipping costs paid by the customer will be refunded (items not corresponding to your order, damaged delivery).

7.4. reimbursement

As soon as we receive your return and have verified that all conditions are met, you will receive an e-mail confirming acceptance of this return and will be refunded as soon as possible (no later than 15 days after receipt of the returned items). ).

SPINALI DESIGN will reimburse you for the returned products, provided that the above conditions are met, as well as the standard one-way shipping costs for the latter if you return your entire order. Surcharged deliveries will be refunded within the standard delivery costs.

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If you do not return your entire order and keep one or more ordered products, the amount of the "outgoing" shipping costs will not be refunded by SPINALI DESIGN. The refund will be made using the payment method used for the return shipment.

If, for example, the order of the products was paid by:

credit card, and your credit card is still valid Refunds will be made to the account associated with that credit card.

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Paypal and the Paypal account is still active. The refund will be made to this Paypal account.

In case of other means of payment or in case of non-performance or impossibility of earlier refunds, the refund will be made by postal check to the billing address.

Article 8: Protection of personal data

We are committed to protecting your personal information. Any personal information we collect about you will be kept strictly confidential in accordance with the terms of our Privacy Policy. You can consult our section on confidentiality of data, see article 8.

Article 9: confidentiality of data

The personal data that you would have to provide to the company SPINALI DESIGN on this website in order to respond to our requests for information or information as part of the continuous improvement of our services and our products for sale or when you open an account or place an order, will be collected and processed in a fair and lawful manner and will only be used to serve you or, unless you have ordered otherwise, to inform you about our products. our promotions, our commercial or event promotions and our services. In accordance with the Data Protection Act of 6 January 1978 (art. 34), the customer has the right to access, correct and delete any information concerning him/her by sending a written request to the company SPINALI DESIGN at the following address:

SPINALI DESIGN Company Customer Service 21 RUE DE THANN 68200 MULTIPLE HOUSE - FRANCE

This database has been declared in accordance with the requirements of the law on data processing, files and freedoms of 6 January 1978, amended by the law of 6 August 2004. Depending on the choices made when creating or accessing their accounts on the Internet, customers are likely to decide whether they want to receive information and offers from the SPINALI DESIGN brand.

If a customer no longer wishes to receive these offers, he can make an inquiry at any time by going to this page: www.spinali-design.fr/account

Article 10: Consumer information

In accordance with articles L 111-1 and L 113-3 of the Consumer Code, the main characteristics and prices of our electronically sold products are available on the website www.spinali-design.fr In addition, the Customer receives the information provided for in articles L 121-18 and L 121-19 of the Consumer Code before and after the conclusion of the sale and, in particular, by these general conditions of sale which he/she has declared to have read. before validating his/her order and which he/she can access via the website www.spinali-design.fr and by reference in the e-mails confirming and sending his/her order which are sent to him/her.

Article L217-6

The seller is not bound by the public statements of the manufacturer or his representative if it is established that he did not know them and could not have known them lawfully.

Article L217-7

Unless otherwise proven, there is a lack of conformity at the time of delivery, which occurs within twenty-four months from delivery of the goods.

For used goods sold, this period is six months.

The seller can challenge this presumption if it is not compatible with the nature of the goods or the claimed non-conformity.

Article L217-8

The buyer is entitled to demand that the goods are in accordance with the contract. However, he may not contest the conformity by invoking a defect which he knew or could not ignore at the time of conclusion of the contract. The same applies if the defect has its origin in the materials delivered by himself.

Article L217-9

In case of non-conformity, the buyer chooses between repair and replacement of the goods.

However, the Seller may not proceed at the Buyer's option if this choice causes obviously disproportionate costs compared to the other modality, taking into account the value of the goods or the significance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the Buyer.

Article L217-10

If it is not possible to repair or replace the goods, the buyer can return the goods and have the price returned or keep the goods and have part of the price returned.

The same faculty is open to him: 1 ° If the solution requested, proposed or agreed in accordance with article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be without major inconvenience to the latter, taking into account the nature of the goods and the use he is seeking. However, the dissolution of the sale cannot be pronounced if the lack of conformity is minor.

article L217-11

The provisions of articles L. 217-9 and L. 217-10 are applied free of charge to the buyer.

The same provisions do not exclude the granting of damages.

Article L217-12

Measures for non-conformity expire two years after delivery of the goods.

article L217-13

The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects, as it results from articles 1641 to 1649 of the Civil Code or any other contractual or non-contractual act recognized by the law.

article L217-14

The recourse action may be brought by the final seller against the subsequent sellers or intermediaries and the producer of the tangible movable property in accordance with the principles of the Civil Code.

- Legal guarantee against hidden defects: Articles 1641 to 1648 and 2232 of the Civil Code

article 1641

The seller is bound by the warranty for hidden defects of the sold article, which make it unsuitable for the intended use or which reduce this use to such an extent that the buyer did or did not acquire it. would have given a lower price if he had known it.

article 1642

The seller is not liable for obvious defects of which the buyer could convince himself.

article 1642-1

The seller of a building to be constructed cannot be relieved of construction defects or deficiencies before acceptance of the work or before the expiry of a period of one month after the buyer has taken possession of the building. of conformity is then obvious.

There is no termination of the contract or price reduction if the seller commits to repair.

article 1643

He is liable for hidden defects, even if he would not have known them, unless he has stipulated in this case that he is not bound by any guarantee.

article 1644

With articles 1641 and 1643, the buyer has the choice of returning the item and having the price returned or keeping the item and having part of the price returned.

article 1645

If the seller was aware of the defects of the item, he is liable to the buyer for all damages in addition to the refund of the price received.

article 1646

If the seller was not aware of the defects of the item, he is only obliged to return the price and reimburse the buyer for the costs incurred by the sale.

article 1647

If the item that had defects has perished because of its poor quality, the loss will be borne by the seller, who will be liable to the buyer for the refund of the price and the other compensation described in the previous two articles.

However, the accidental loss shall be borne by the buyer.

article 1648

The claim for latent defects must be filed by the buyer within two years after the defect has been discovered.

In the case provided for in article 1642-1, the action under penalty of execution must be brought within one year of the date on which the seller can be relieved of obvious defects or lack of conformity.

article 2232

The postponement of the starting point, the suspension or interruption of the limitation period shall not have the effect of extending the limitation period beyond twenty years from the date of birth of the right.

The first paragraph shall not apply in the cases referred to in Articles 2226, 2226-1, 2227, 2233 and 2236, the first paragraph of Article 2241 and Article 2244. Nor shall it apply to acts relating to the condition of persons.

SPINALI DESIGN is liable for a period of two years for defects that exist at the time of delivery of goods to a consumer. This can be a manufacturing defect, e.g. the non-compliance with the features announced at the time of purchase.

SPINALI DESIGN takes no responsibility:

in the event of failure to perform or delay in performing any of the obligations if this is due to an act beyond its control and beyond its control

in case of non-substantial differences between the photos, texts and illustrations of the articles on our website and the articles ordered.

SPINALI DESIGN has a result obligation for all phases of the order acceptance as well as for the phases after conclusion of the contract.

Therefore, SPINALI DESIGN undertakes to describe the products sold on the website with the utmost precision. On the other hand, SPINALI DESIGN may not be held responsible if the non-fulfilment of its obligations is due either to the unforeseeable and insurmountable fact of a third party as a result of the contract or to a case of force majeure within the meaning of French law. . Similarly, SPINALI DESIGN cannot be held liable for any inconvenience or damage related to the use of the Internet network, in particular for service interruptions, external interventions or the presence of computer viruses.

Article 12: Settlement of disputes

12-1: Mediation

The consumer mediation system is regulated by articles L611-1 to L.616-3 and R.612-1 to R.616-2 of the Consumer Code.

For the purposes of this title, the following terms are understood:

(1) 'national dispute' means a contractual dispute between a consumer and a professional in connection with the performance of a contract of sale or provision of services, where the consumer is, at the time of conclusion of the contract, in the same Member State as that in which the professional is established

(2) 'cross-border dispute' means a contractual dispute between a consumer and a professional concerning the performance of a contract for the sale or provision of services where the consumer is established, at the time of conclusion of the contract, in a Member State other than that in which the professional is established, the place of establishment of the professional

3) "Contract of sale" means any contract within the meaning of Article 1582 of the Civil Code and any contract for the sale of goods or the provision of services concluded between a professional and a consumer;

4 ° Service contract: any contract the subject of which is the provision of a service by the professional for which the consumer undertakes to pay the price

5 ° Mediation of consumer disputes: A procedure of conventional mediation as defined in Article 21 of Law No. 95-125 of 8 February 1995 on the organization of courts and civil, criminal and administrative or other conventional mediation procedure provided for by law;

6) Consumer intermediary: the natural or legal person who carries out a conventional mediation mission;

7) Public mediator: a mediator appointed by an authority under the conditions laid down by law, who also determines his status, his scope of competence in the field of the disputes provided for in this Title and his methods of intervention.

Article L611-2

Consumer mediation applies to a national or cross-border dispute between a consumer and a professional. It shall be subject to the provisions of this Title and, in so far as they are not contrary to them, to the provisions of Title II, Chapter I of the Law of 8 February 1995, mentioned in Article L. 611-1.

Article L611-3

The arbitration of consumer disputes shall not apply:

1 ° Disputes between professionals;

2. consumer complaints to the professional customer service;

3. direct negotiations between the consumer and the professional;

4. attempts at conciliation or mediation ordered by a court seized by the consumer dispute

5 ° Proceedings of a professional against a consumer.

Article L611-4

Are not considered consumer disputes within the meaning of this title, disputes relating to:

1 ° Non-economic services of general interest;

2. health services provided by health professionals to patients to assess, maintain or restore their state of health, including the prescription, administration and delivery of medicines and medical devices

3. public university providers.

Article L612-1

Every consumer has the right to contact a consumer mediator free of charge in order to amicably settle the dispute between him and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system.

The trader may set up his own consumer mediation system or the consumer may use another consumer mediator who meets the requirements of this Title.

If there is a consumer intermediary whose competence extends to all companies in an economic sector to which he belongs, the professional always allows the consumer to use him.

The modalities according to which the mediation process is conducted are determined by decree of the Council of State.

Article L612-2

A dispute cannot be examined by the consumer mediator if:

1 ° The consumer does not justify having previously attempted to resolve his dispute directly with the professional by means of a written complaint in accordance with the terms of the contract, if any.

2. the request is obviously unfounded or abusive

3. the dispute has been previously examined or is being examined by another mediator or by a court

4 ° The consumer has submitted his request to the mediator within a period of more than one year after his written complaint to the professional.

5 ° The dispute does not fall within its jurisdiction.

The consumer will be informed by the mediator of the rejection of his request for mediation within three weeks of receipt of his file.

Article L612-3

The settlement of consumer disputes is subject to the obligation of confidentiality in accordance with Article 21-3 of Law No. 95-125 of 8 February 1995 on the organisation of courts and civil, criminal and administrative proceedings. .

Article L612-4

Any clause or agreement obliging the consumer to resort to mediation in the event of a dispute before referring it to the judge is prohibited.

Article L612-5

Where a public mediator is empowered to mediate a consumer dispute, that dispute shall not give rise to other conventional mediation proceedings within the meaning of this Title where there is an agreement. The public mediator shall inform the Commission for the Evaluation and Monitoring of Mediation referred to in Article L. 615-1 of the decision to divide the dispute between the mediators concerned.

Article L613-1

The consumer mediator fulfils his mission with care and competence, with complete independence and impartiality within the framework of a transparent, efficient and fair procedure.

It prepares an annual report on its activities.

It meets the following conditions:

1. have knowledge in the field of mediation as well as good legal knowledge, especially in the field of consumption

2. be appointed for a period of at least three years

3. remuneration without taking into account the outcome of the mediation;

4 ° Not to be in a situation of conflict of interest and to report it if necessary.

He is on the list of mediators notified to the European Commission.

The conditions of application of this article shall be determined by decree of the Council of State.

Article L613-2

In the case of exclusive employment or remuneration by the professional, the consumer mediator fulfils the following additional conditions:

1 ° He is appointed by a collegial body set up by the Company, in accordance with a transparent procedure, and composed of representatives of recognized consumer protection associations and representatives of the professional or reporting to a national advisory body in the EU consumer sector or specific to a field of activity under conditions laid down by decree;

2. at the end of his mandate, the mediator shall be prohibited from working for the professional who employed him or for the association to which that professional belongs for at least three years.

3. during the performance of his mediation mission, there shall be no hierarchical or functional link between the professional and the mediator The mediator is clearly separated from the operational bodies of the professional and has a separate and sufficient budget for the performance of his or her tasks.

Article L613-3

If the consumer intermediary is employed or remunerated exclusively by a professional organization or association, he/she meets the requirements of article L. 613-1 and has a separate and sufficient budget to carry out his/her work. mission, except when it is part of a collegial body composed of an equal number of representatives of recognized consumer protection associations and representatives of professionals.

Article L614-1

Each consumer mediator sets up a website dedicated to mediation, providing direct access to information related to the mediation process.

On this website, consumers can submit a mediation request online together with supporting documents.

Upon request, this information can be provided on another durable medium.

Article L614-2

The Ombudsman provides on his website an electronic link to the European online dispute resolution platform provided for in Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 concerning online settlement of disputes. Consumer disputes and amending Regulation (EEC) No. 2006/2004 and Directive No. 2009/22 / CE (Regulation on RLLC).

Article L614-3

The parties should always have the possibility to resort to mediation by mail.

Article L614-4

The list of information referred to in Article L. 614-1 and the annual report referred to in Article L. 613-1 shall be made available to the public and shall be approved by the mediator in accordance with the provisions of the Council Decree of 'State.

Article L614-5

The consumer mediator shall provide the Commission for the Evaluation and Monitoring of Consumer Mediation referred to in Article L with information on his skills, organisation and activities. The list of such information shall be determined by decree of the Council of State.

Article L615-1

The Commission for the Evaluation and Control of Consumer Mediation, which reports to the Minister responsible for economic affairs, is responsible for

1 ° To establish and update the list of mediators, including public mediators, who meet the requirements of Articles L. 613-1 to L. 613-3;

2. to notify the mediators registered on this list to the European Commission

3. evaluation of their mediation activity and verification of its regularity.

Article L615-2

If a mediator does not meet the conditions required under this Title, the Commission for the Evaluation and Monitoring of Consumer Mediation shall refuse to include him or her on the list provided for in Article L. 615-1.

If he is already registered and no longer meets these conditions or fails to comply with the obligations incumbent on him, the Commission may decide to remove the person concerned from the list.

The decision on refusal of registration or withdrawal from the list shall be taken under conditions and according to the procedure established by decree in the Council of State. It is motivated and communicated to the person concerned.

Article L615-3

The Commission may be referred by the Minister responsible for economics, the Minister responsible for consumption, the Supervisory Control and Settlement Authority, recognised consumer protection bodies or professional associations for any practice of mediation or a condition of the exercise of the mediator's activity which is considered to be contrary to the provisions of this Title.

It can also be confiscated ex officio.

The Committee shall deliver its opinion within a maximum of three months of the date of referral.

Article L615-4

A decree of the Council of State determines the composition, organization, resources and operating methods of the Commission for the Evaluation and Control of Consumer Mediation.

Article L616-1

In accordance with the conditions established by decree of the Council of State, each professional shall communicate to the consumer the contact details of the competent mediators to whom he reports.

The professional is also obliged to provide the consumer with the same information if a dispute could not be resolved in the context of a previous complaint submitted directly to his services.

Article L616-2

Where appropriate, it shall also inform the consumer of the measures taken to implement Article 14 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 concerning online settlement of consumer disputes and amending Regulation (EEC) No 2006/2004 and Directive 2009/22/EC (Regulation on RLLC).

article R612-1

The arbitration of consumer disputes under Article L 5 ° 611-1 meets the following requirements:

1 ° It is easily accessible to all parties, consumers or professionals, by electronic means or by post.

2 ° It is free for the consumer, except for the costs provided for in 3 ° and 4 °;

3. the parties have the possibility to be represented by a lawyer or to be assisted by a person of their choice at their own expense in all phases of the mediation.

4. each party may also seek the opinion of an expert, the costs of which shall be borne by the party. In the case of a joint request for expertise, the costs shall be shared between the parties.

article R612-2

Upon receipt of the documents on which the consumer's request is based, the consumer's mediator notifies the parties electronically or by mail of his transfer. This notification reminds the parties that they can withdraw from the process at any time.

article R612-3

At the request of one of the parties, the mediator shall disclose all or part of the documents contained in the file.

The mediator may receive the parties together or separately. In the absence of an amicable agreement between them, he will offer them a solution to settle the dispute.

Article R612-4

By informing the parties of the solution proposed by the mediator, the mediator reminds them by mail or electronically:

1 ° that they are free to accept or reject his proposed solution

2. such participation in the mediation does not exclude the possibility of legal proceedings

3. that the solution may differ from the decision of a judge.

The mediator shall also determine the legal consequences of accepting the proposed solution and shall set a deadline for acceptance or rejection.

article R612-5

The outcome of the mediation shall be announced no later than ninety days from the date of the notification referred to in Article R. 612-2 The mediator may at any time extend this period in the case of complex disputes. He shall inform the parties without delay.

article R613-1

The consumer intermediary shall inform the parties without delay of the occurrence of any circumstances which might compromise his independence, impartiality or conflict of interest, and of their right to object to the pursuit of his mission. . If one of the parties consequently refuses to continue the mediation, the mediator's mission shall be terminated. If the mediator is a legal entity, it is envisaged that the natural person responsible for carrying out the mediation mission will be replaced.

The mediator cannot receive instructions from the parties.

article R613-1

The consumer intermediary shall inform the parties without delay of the occurrence of any circumstances which might compromise his independence, impartiality or conflict of interest, and of their right to object to the pursuit of his mission. . If one of the parties consequently refuses to continue the mediation, the mediator's mission shall be terminated. If the mediator is a legal entity, it is envisaged that the natural person responsible for carrying out the mediation mission will be replaced.

The mediator cannot receive instructions from the parties.

article R614-1

The website of the consumer intermediary referred to in Article L. 614-1 shall contain the following information:

1 ° the postal and electronic addresses of the mediator;

2. the mention of his inclusion in the list of mediators established pursuant to Article L. 615-1;

3. the decision on his appointment and the duration of his mandate

4. his diplomas or professional background;

5 ° membership in networks of cross-border dispute mediators, if applicable;

6 ° the types of disputes that fall within its jurisdiction

7 ° Reference to the laws and regulations governing the settlement of consumer disputes;

8 ° The cases in which, pursuant to article L. 612-2, a dispute cannot be the subject of mediation;

9 ° The list of languages used for mediation;

10 ° The link to the website of the European Commission for Consumer Mediation.

article R614-2

The mediator shall also make available to the public on its website or, upon request, communicate its annual activity report containing the following information

1 ° The number of disputes and their subject matter;

2. the questions most frequently asked in the disputes submitted to it and its recommendations in order to avoid them

3. the percentage of disputes with which he refused, and the percentage evaluation of the different reasons for refusal

4 ° The percentage of interrupted mediations and the main reasons for this interruption;

5 ° The average time required for the resolution of disputes

6 ° If known, the percentage of mediations conducted;

7. the existence of cooperation within networks of cross-border dispute mediators

8 ° For mediators paid or employed exclusively by a professional, the percentage of solutions proposed in favour of the consumer or professional and the percentage of amicably resolved disputes.

article R614-3

Any natural or legal person wishing to be included in the list of mediators provided for in Article L. 615-1 shall inform the Commission for the Evaluation and Monitoring of Mediation referred to in that Article, in addition to the information referred to in 3 ° bis, of 9 ° of Article R. 614-1:

1 ° his contact details and the address of his website;

2. a declaration of motivation justifying his appointment as a consumer intermediary;

3. information on its structure and the methods of financing its activities as a consumer intermediary, where appropriate, the cost of its services charged to the professional and, where an undertaking brings together several intermediaries, the amount of the remuneration and the term of office of each of them

4 ° A description of the internal process of mediation.

The mediator shall inform the Commission without delay of any change in this information.

Article R614-4

The consumer mediator shall, at least every two years, provide the Commission for the Evaluation and Monitoring of Consumer Mediation with the information necessary to evaluate his activities. This information shall include at least in addition to the information referred to in Article R. 614-2:

1 ° a description of the training courses completed in mediation

2. evaluation of the effectiveness of mediation and possible means to improve its results.

article R615-1

The Commission for the Evaluation and Monitoring of Consumer Mediation referred to in Article L. 615-1 shall be composed of

1 ° A Council of State;

2. an adviser to the Court of Cassation, either employed or on a voluntary basis;

3. four personalities qualified in the legal field or in mediation;

4. two representatives of nationally recognized consumer associations;

5 ° Two representatives of professional associations.

The provisions of Article 74 of Law No 2014-873 of 4 August 2014 on effective equality between women and men and Decree No 2015-354 of 27 March 2015 on equal access for women and men to committees and consultative or advisory bodies set up under the Prime Minister, the Ministers or the Bank of France shall apply to the Committee for the Evaluation and Monitoring of Consumer Mediation.

article R615-2

The members of the Commission are appointed for a renewable term of three years by decree of the Minister of Economy, at the request of the Vice-President of the Council of State for the Council of State and on the proposal of the first President of the Court, by decree of the Minister of Economy for a renewable term of three years. the Cassation for the Adviser to the Court of Cassation.

Deputies are appointed in equal numbers and in equal form.

The Chairman and the Vice-Chairman of the Commission shall be chosen from among the members referred to in Article R 615-1 and 2 ° by order of the Minister responsible for Economic Affairs.

article R615-3

The Chairman and the Vice-Chairman of the Commission shall receive a fixed annual allowance, the amount of which shall be determined by joint order of the Ministers responsible for the Economy and the Budget. The other members of the Committee shall receive an allowance, the rate of which shall be fixed per meeting by a joint decree of the same ministers.

Members of the Commission may have their travel expenses reimbursed under the conditions laid down in Decree No 2006-781 of 3 July 2006, which lays down the conditions and payment terms for expenses incurred by EU civilian staff for temporary travel.

article R615-4

The Committee may invite rapporteurs from the public services competent in the areas of activity concerned to examine the files necessary for drawing up the list of mediators notified to the European Commission and for evaluating it. in accordance with Article L. 615-1.

To this end, the Commission may also call upon the independent authorities and independent administrative bodies to give their opinion in the fields of activity in which they operate.

In fulfilling its tasks, the Commission cooperates with its foreign colleagues.

article R615-5

The Committee shall examine the requests of persons wishing to be included in the list of consumer intermediaries in the light of the information supplied in application of Article R 614-3 and shall decide on their inclusion in that list.

article R615-6

The Committee shall notify to the European Commission, in application of Article L. 615-1, the list of consumer mediators, indicating that they meet the quality requirements and those set out in Articles R 612-1 to R. 612-5. The list shall indicate for each mediator

1 ° Name, contact details and address of his website;

2. the language or languages in which requests for mediation can be made and the mediation processes take place

3. the types of disputes that fall within the mediator's competence;

4 ° the sectors and categories of disputes that fall within its jurisdiction

5 ° If applicable, the cost of his service invoiced to the professional;

6 ° the necessity or the possibility of the physical presence of the parties or their representatives and the oral or written nature of the mediation process

7 ° the non-binding nature of the result of the mediation procedure;

8 ° The cases in which a dispute cannot be handled by the mediator.

If this information is liable to be modified under the conditions referred to in Article R 614-3, the Committee shall update the list without delay and notify the European Commission of the relevant information.

article R615-7

The Commission regularly evaluates mediators to ensure that they meet the conditions and quality requirements specific to the exercise of the consumer mediator's mission.

If it considers that a mediator no longer meets these requirements, it shall inform the mediator by means of a reasoned decision of the deficiencies found and shall invite him/her to comply with them within three months of the date of its decision. At the end of this period, the Committee shall decide on the withdrawal of the mediator from the list referred to in Article L. 615-1.

article R615-8

The Commission makes the updated list of mediators available to the public on its website and provides the link to the website of the European Commission for Consumer Mediation and the link to the website of the European Consumer Centre France .

This list is also published in the official bulletin for competition, consumption and fraud prevention.

article R615-9

Every four years, the Commission publishes a report on the development and functioning of consumer mediation on its website and sends it to the European Commission. This report contains:

1 ° Inventory of best practices of mediators;

2. the dysfunctions of the mediation process identified by means of statistics;

3. recommendations to improve the effective functioning of mediation and the efficiency of mediators.

article R615-10

The Commission may hear any person and have any document sent to it in order to carry out its mission.

The secretariat is provided by the Directorate General for Competition, Consumption and Anti-Fraud. It is responsible for assisting the Commission in its work, collecting requests from persons wishing to be included in the list of mediators and informing them of decisions taken by the Commission.

article R615-11

The Committee may only deliberate regularly in the presence of its chairman or vice-chairman and at least three of its members. The meetings shall not be public.

The committee decides by a majority of the votes of the members present. The chairman of the meeting shall have the casting vote in the event of a tie.

article R616-1

In accordance with article L. 616-1, the professional shall provide the consumer with the contact details of the consumer intermediary or intermediaries to whom he reports by entering this information on his website in a visible and legible manner on his general conditions of sale or service, on his order forms or, in the absence of such assistance, by any other appropriate means. He shall also mention the website address of the mediator(s).

article R616-2

The website of the Consumer Mediation Control Commission contains all useful information for consumers in cross-border consumer disputes. In particular, it contains the contact details of the European Consumer Centre France and information on the support methods from which consumers can benefit with regard to the out-of-court settlement of such disputes.

12-2: Applicable law

These general conditions of sale and the business relationship between the company SPINALI DESIGN and the customer are subject to French law. For all disputes arising from the business relationship between the company SPINALI DESIGN and the customer, the French courts are competent.

The Website complies with French law and SPINALI DESIGN does not in any case guarantee conformity with local laws applicable to you when you access the Website from other countries.

Article 13: Intellectual property rights

The trademark "SPINALI DESIGN", images, logos and slogans, designs and models on the website are and shall remain the exclusive property of SPINALI DESIGN. Any total or partial reproduction without the express prior consent of the company SPINALI DESIGN is strictly prohibited in application of articles L 335-2 and L 335-3 of the Intellectual Property Code and constitutes an infringement and a criminal offence.

Therefore, none of the documents on the website may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way.

However, it is possible to download a copy of the documents to a computer for your personal use and for non-commercial purposes only, provided that you do not modify the information contained therein and that you keep all copyright and other proprietary notices intact. Modifying these documents or using them for any other purpose constitutes an infringement of the intellectual property rights of SPINALI DESIGN.

If you have a website in a personal capacity and wish to place a simple link to the home page of the website for personal use on your website, you must request permission from the company SPINALI DESIGN. It will in no case be an implicit partnership agreement.

On the other hand, any hypertext link that refers to the website and uses the technique of framing or inline linking is strictly prohibited. In any case, any link must be removed upon request from SPINALI DESIGN