General terms and conditions of sale
ARTICLE 1 – DEFINITION:
The present general conditions define the entirety of the obligations of the various parties, in this sense, the Customer is deemed to accept them without reserve.
These general terms and conditions of sale apply to the exclusion of all other conditions, and in particular those applicable for sales in shops or through other distribution and marketing channels.
They are accessible on the website www.maisoncharteau.com and will prevail, if necessary, over any other version or any other contradictory document.
Seller and Buyer agree that the present general conditions shall exclusively govern their relationship; the Seller reserving the right to modify the present general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
These general conditions are part of the precontractual information as mentioned by the L.121-17 Customer Code article.
ARTICLE 2 – CONTENT:
The present general conditions have the aim of defining the rights and obligations of the various parties within the framework of the online sale of goods proposed by the Seller to the Customer, from the website www.maisoncharteau.com.
The present conditions solely concern the purchases made by the customers located in mainland France. For any delivery outside of France, you can send an email to the email address firstname.lastname@example.org.
ARTICLE 3 – PRECONTRACTUAL INFORMATION:
The Customer acknowledges having become acquainted prior to the submission of their order and the conclusion of the contract, in a legible and comprehensible manner, of the present general conditions of sale and of all the information listed in the L.221-5 Customer Code article.
The Customer acknowledges having become acquainted with all the information prior to the conclusion of the contract, through the consultation of the website www.maisoncharteau.com for each product or service, in accordance with the dispositions of the L.111-1 Customer Code article, specifically the information related to the key characteristics, their cost and timing delivery and, in the absence of immediate performance of the contract, the date or deadline by which the provider undertakes to deliver the good or provide the service.
The Seller shall communicate to the Customer the following information :
- his name or the company’s name, the geographical address of the institution and, if different, the registered office, telephone number and e-mail address ;- The modalities of payment, delivery and execution of the contract, as well as the arrangements provided by the professional for the processing of the claims;
- in case of sale, the existence and the procedures for exercising the legal guarantee of conformity provided for in articles L. 217-1 and following of the consumer code, the guarantee of latent defects provided for in articles 1641 and S. of the Civil Code, and, where appropriate, the guarantee and after-sales service respectively referred to in articles L. 217-15 and L. 217-17 of the consumer code;
- optionally, the duration of the contract, when it is concluded for a fixed term, or the conditions of its termination in the case of a contract of indefinite duration.
ARTICLE 4 – ORDER:
The Customer declares that he accepts the conclusion of the contract electronically through the website www.maisoncharteau.com.
The individual Customer has the possibility to place their order online, from the online catalogue and by means of the form contained therein, for any product, within the limits of available stocks. The customer will be informed by email of any unavailability of the product ordered in the context of the processing of his order and a new delivery date may be proposed to him or, failing this, the refund of the amount paid for the unavailable product.
For the order to be validated, the Customer will have to accept the present general conditions, by clicking on the corresponding button, and validate the basket with the selected goods or services.
He will have to provide all the information requested and in particular choose the address and the method of delivery, and finally validate the selected method of payment after consulting and checking the content of his order and the total cost.
The sale will be considered final, with no prejudice to the right of cancellation, after the confirmation of acceptance of the order by the Seller has been sent electronically to the Buyer with the e-mail containing the key elements of the order, such as the identification of the goods and services ordered, the delivery modalities and timings as well as the price and after the Seller has collected the full price.
Any order implies acceptation of the prices and descriptions of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, including non-payment, incorrect address or other problem on the buyer’s account, the Seller reserves the right to block the Buyer’s order until the resolution of the issue.
For any question related to the follow-up of an order, the Customer can send an email to the Seller at the following e-mail address : email@example.com
ARTICLE 5 – ELECTRONIC SIGNATURE:
The online provision of the Buyer’s credit card and the final validation of the order will be proof of the Buyer’s agreement :
- payment of sums due under the purchase order;
- signature and express acceptation of all operations carried out.
In case of fraudulent use of the credit card, the Buyer is invited, as soon as this use is noticed, to contact their bank and the Seller.
ARTICLE 6 – PROOF OF THE TRANSACTION:
The computerized registers, kept in the Seller’s computer systems under reasonable conditions of security, shall be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable support that can be produced as proof.
ARTICLE 7 – PRODUCT INFORMATION:
The products governed by these terms and conditions are those that appear on the seller’s website and that are indicated as sold and shipped by the Seller. They are offered within the limits of available stocks.
The Seller will make his best efforts to ensure that the description and presentation of the products are as faithful as possible. However, if errors or omissions may have occurred in this presentation, the Seller cannot be held liable.
The photographs of the products are not contractual.
ARTICLE 8 – PRICES:
The Seller reserves the right to modify its prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to availability at that date.
The prices are indicated in euros. They do not take into account the delivery costs, which are invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online shop. Payment of the price is made in full on the day of the order. The sums paid can never be considered to be deposits or part payments.
If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, whether upwards or downwards, this change could be passed on to the selling price of the products.
The price is payable in full and in one single payment.
ARTICLE 9 – METHODS OF PAYMENT:
This is an order with an obligation to pay, which means that the placing of the order implies payment by the Buyer.
To pay for his order, the Buyer has, at their choice, all the payment methods made available by the Seller and listed on the Seller’s website. The Buyer guarantees to the Seller that he has the authorizations possibly necessary to use the payment method chosen by him, during the validation of the order form. The Seller reserves the right to suspend any order management and any delivery in case of refusal of authorization of payment by credit card by the officially accredited organizations or in case of non-payment. In particular, the Seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress. Payment of the price is made in full at the time of the order by credit card.
Payments made by the Buyer will only be considered final only after actual receipt of amounts by the Buyer.
ARTICLE 10 – AVAILABILITY OF PRODUCTS – REFUNDS – RESCISSION :
Except in cases of force majeure or during periods of closure of the online shop which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email. The Buyer undertakes to deliver the products in Metropolitan France as fast as possible and at the latest thirty days after the conclusion of the contract.
If the agreed delivery date or delivery period is not met, the Buyer shall, before breaking the contract, instruct the Seller to perform the contract within a reasonable additional period of time. In the absence of execution at the end of this new deadline, the Buyer may freely terminate the contract. The Buyer will have to accomplish these successive formalities with a registered letter with an acknowledgement of receipt or on writing using another durable medium.
The contract will be considered as resolved upon receipt by the Seller of the e-mail informing him of this resolution, unless the professional has performed in the meantime.
However, the purchaser may immediately cancel the contract if the dates or deadlines seen above constitute for him an essential condition of the contract.
In this case, when the contract is terminated, the Seller is obliged to reimburse the Buyer for the totality of the sums paid, at the latest within 14 days of the date on which the contract was terminated.
In case of unavailability of the ordered product, the Buyer will be informed as soon as possible and will have the possibility to cancel his order. The Buyer will then have the choice to ask either for a refund of the sums paid within 14 days at the latest of their payment, or for an exchange of the product.
ARTICLE 11 – TERMS OF DELIVERY:
Delivery means the transfer of physical possession or control of the goods to the consumer. It only occurs once the Seller’s banking entity has confirmed payment.
The ordered products are delivered using the method chosen by the Buyer on the online shop: delivery to the address indicated or pick-up service at the shop.
The cost of delivery is the responsibility of the Buyer and is indicated at the time the order is placed.
Any package returned to the Seller because of an incorrect or incomplete delivery address will be reshipped at the Buyer’s expense, the Seller cannot be held liable for possible errors with the delivery method and address validated by the Buyer.
The Buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
In the event of absence of the Customer at the moment of delivery, a delivery notice will be left in the letter box by the transporter, allowing the Customer to collect their parcel from the location and within the time limits indicated.
If at the time of delivery, the original packaging is damaged, torn, open, the Customer must then check the state of the items. If they have been damaged, the Buyer must imperatively refuse the package and note a reservation on the delivery slip (package refused because open or damaged). The Buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products …).
This verification shall be deemed to have been carried out once the purchaser, or a person authorised by him, has signed the delivery note.
The Buyer must then confirm these reservations to the carrier by registered mail within two working days following receipt of the item(s) and send a copy of this letter by ordinary mail to the Seller at the address indicated in these general terms and conditions of sale. If the products need to be returned to the Seller, they must be the subject of a return request to the Seller within seven (7) days of delivery. Any claim made outside this period will not be accepted. The return of the product can only be accepted for products in their original state ( packaging, accessories, notice…).
ARTICLE 12 – ERRORS OF DELIVERY:
The Buyer must make to the Seller the day of the delivery or at the latest the first business day following the delivery, any claim of error of delivery and / or non-conformity of products in kind or in quality compared to the indications on the order form. Any claim made after this period will be rejected.
The claim will be made by e-mail to the following address firstname.lastname@example.org within a maximum of fourteen (14) days indicating with precision the reasons of return and the order number if he wants to obtain reimbursement or replacement (subject to stock availability).
The cost of return is the responsibility of the Seller. In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the Seller as a whole and in its original packaging in a registered parcel, to the Seller’s address within fourteen (14) days.
In case of refund, the Seller undertakes to refund the Buyer as fast as possible and no later than thirty (30) days following the date on which he received the returned parcel.
Any claim not made in accordance with the rules defined above and within the time limits set out above cannot be taken into account and will release the Seller from any liability towards the Buyer.
ARTICLE 13 – RISK TRANSFER:
The ownership of the sold item is transferred to the Customer from the moment when the various parts agree on the item and on the price. As a result, the transfer of ownership of the products and the risks of loss or deterioration relating thereto is carried out, at the expense of the purchaser, upon acceptation of the purchase order by the Seller.
ARTICLE 14 – RIGHT OF WITHDRAWAL:
In accordance with the dispositions of the Consumer Code, Customers have, without due cause, a withdrawal period of fourteen (14) calendar days from the date of receipt by themselves or by a third party other than the Transporter, to return any item that they deem not suitable and request the exchange or refund without penalty, except for shipping costs which remain the responsibility of the Customer.
The items must be however returned in their original packaging and in perfect condition within fifteen (15) days following the notification to the Seller of the Customer’s retraction decision.
Only items returned in their original state and complete (packaging) allowing their resale and provided with the purchase order will be accepted.
Retraction can never be exercised if the items delivered are items that have been unsealed after delivery and are not suitable for return due to health protection or hygiene reasons, according to the L.221-28 Consumer Code article, such as cosmetic products.
The right of withdrawal can be exercised online, using the withdrawal form available on the website (form as an appendix). In this case, an acknowledgement of receipt on a durable medium will be communicated immediately to the purchaser. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to retract. The exercise of the right of retractation terminates the obligation to fulfil the contract.
In case of exercise of the right of withdrawal within the above-mentioned period, the price of the product(s) purchased and the shipping costs shall be refunded. Transport costs for the return remain at the charge of the Customer.
The exchange (within the limits of availability) or the refund will be made as soon as possible and, at the latest, fourteen (14) days following the reception, by the Seller, of the products returned by the Customer under the conditions provided above.
The Customer’s liability may be incurred in the event of depreciation of the items resulting from manipulations other than those necessary to establish the characteristics and proper functioning of the items.
ARTICLE 15 – FORCE MAJEURE :
Any circumstances beyond the control of the Parties which prevent the performance of their obligations under normal conditions shall be considered as grounds for exemption from the Parties’ obligations and shall lead to their suspension. Neither of the two parties will have failed in its contractual obligations, insofar as their execution is delayed, blocked or prevented by circumstances beyond their control.
The party affected by such circumstances will warn the other party immediately of their occurrence as well as their resolution.
Force majeure or circumstances beyond control will be regarded as that which are external to the two parties, unforeseeable, inevitable, independent of the will of the parties, and which could not be prevented by them, despite all reasonably possible efforts. Force majeure, as well as what is defined by the tribunals of the French courts, will be considered to include the following: a blockage of supplies or transport for whatever reason, earthquakes, fires, storms, floods, lightning, breakdown of telecommunications or network works not under control of the Customer.
The parties will communicate with each other to examine the situation and reach an agreement on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three (3) months, these terms may be terminated by the injured party. If the force majeure case is of duration greater than three months, the present general conditions can be cancelled by the injured party.
The Seller shall not be liable for any anomaly that may impact the user’s browsing on his website and will not be held responsible for any damage that may result from it.
Generally the Seller shall only be liable for the proper performance of the obligations arising from the contract in conformity with the provisions of the L.221-15 article from the Consumer Code.
ARTICLE 16 – INTELLECTUAL PROPERTY:
The entirety of the contents (technical documents, illustrations, photographs, etc.) posted on this site remains the property of the Seller, the sole owner of the intellectual property rights on this content. Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly forbidden and is likely to constitute an offence of counterfeiting.
ARTICLE 17 – DATA PROCESSING AND LIBERTIES:
The Seller is committed to conformer to the disposition of the n°78-17 law from January 06, 1978 which relates to information technology, files and freedoms regarding the collection, processing and transfer of personal data.
The nominative data provided by the Buyer are necessary for processing his order and for the establishment of invoices.
They may be communicated to the vendor’s partners responsible for the execution, processing, management and payment of orders, as agreed by the Buyer.
The processing of the data communicated through the website was the object of a declaration to the French CNIL.
The Customer has a permanent right of access, modification, rectification and suppression of the data which relate to him. This right can be exercised within the framework of the conditions and following the modalities defined on the website.
ARTICLE 18 – PARTIAL NON-VALIDATION:
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.
ARTICLE 19 – NON-WAIVER:
Failure by either party to act upon a breach of any one of the obligations shall not be interpreted as a waiver to invoke it later and benefit from it.
ARTICLE 20 – LANGUAGE OF THE CONTRACT:
The present general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 21 – MEDIATION :
The Buyer may have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Consumer Mediation Commission) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.
ARTICLE 22 – APPLICABLE LAW:
The present general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. The same applies to the substantive rules as to the formal rules. In the event of a dispute or complaint, the Buyer shall first contact the Seller to obtain an amicable solution.
APPENDIX 1 – DISPOSITIONS RELATED TO LEGAL GUARANTEES
L.217-4 of the Consumer Code:
“The Seller delivers goods in conformity with the contract and shall be liable for any lack of conformity which exists at the time the goods were delivered.
He is also liable for any lack of conformity caused by the packaging, assembly instructions or installation, when this has been charged to it by the contract or has been carried out under its responsibility.”
L.217-5 of the Consumer Code:
“In order to comply with the contract, goods must:
1° Be suitable for the purpose usually associated with such a product and, where applicable:
- match the description given by the Seller and possesses the qualities that the Seller presented to the Customer under the form of a sample or model;
- if it has the characteristics that the Buyer can rightly expect given the public statements of the Seller, the manufacturer or his representative, especially in advertising or labelling;
2° Or feature the characteristics jointly agreed upon by the parties, or be suitable for any special use required by the customer and brought to the seller’s attention and accepted by the seller.”
L.217-12 of the Consumer Code: “Actions that result from a lack of conformity are time-barred after a period of two years following delivery of the goods.”
L.217-16 of the Consumer Code:
“When the Buyer asks the Seller, during the course of the commercial warranty that was granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining duration of the warranty.
“This period runs from the date of the buyer’s request for intervention or from the date the goods in question are made available for repair, if this availability is subsequent to the request for intervention.”
Article 1641 of the Civil Code: “The guarantee is binding on the seller for latent defects in the item purchased which make it unfit for the purpose for which it was intended or which reduce such use to the point where the purchaser would not have bought it or would have paid a lower price had he been aware of them.”
Article 1648 of the Civil Code:
“Where a defect renders an item useless, the purchaser must initiate proceedings within two years of discovering the defect.”
In the case provided by article 1642-1, the action must be initiated, on pain of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity.”
APPENDIX 2 – FORM FOR USING THE RIGHT OF WITHDRAWAL
To the attention of Mrs & Mr Charteau, 12 kergadoué 44350 Saint-Molf (www.maisoncharteau.com)
I hereby notify you, with the present registered letter, of my withdrawal for the sale of the good(s) as mentioned below:
Description and reference:
Ordered on the:
Received on the:
Name of the customer:
Address of the customer:
Signature of the customer: