These General Conditions of Sale apply to registration and orders placed on www.porcelainecarpenet.fr
Information on the operation of websites
The site www.porcelainecarpenet.fr is edited and operated by the company Porcelaine Carpenet, Porcelaine Blanche Blandecor SARL under French law with share capital of EUR 50,000, whose head office is located in Saint Aubin, route de Bujaleuf, 87400 Saint-Léonard de Noblat, ¬ France, registered in the Limoges Trade and Companies Register under the number SIRET 76350038600019.
Publication directors / Legal representatives: Jacques Carpenet
Intra-community VAT number: FR012763500386
The website https://www.porcelainecarpenet.fr is hosted by:
OVH, 19 Place Françoise Dorin, 75017 Paris
Phone. : 09 55 00 66 33
Customer service contact information
Telephone: +33 (0) 5 55 56 02 39
Monday to Saturday, 9:30 a.m. to 12:00 p.m. and 2:00 p.m. to 6:30 p.m.
In our relationships with our customers, we are always looking for suitable and flexible solutions, even when it comes to legal issues. In case of difficulty, please contact our customer service. If an amicable solution cannot be found, you will of course keep all of your rights. You will find below all the contractual terms and our general conditions of sale. If you wish to save or print this document or your order data, please refer to article 1.5 of these General Conditions of Sale.
1 MAIN PROVISIONS
1.1 These general conditions of sale, in their version in force at the time of the order (hereinafter GTC), apply to all orders placed by any person (hereinafter "you") on the https site: / /www.porcelainecarpenet.fr (the "Site") with the company Porcelaine Carpenet (hereinafter "we"). The validation of your order implies your acceptance of the current GTC.
All our deliveries, services and offers are exclusively governed by these GTCS, unless expressly agreed in writing. We oppose any general or specific conditions contrary or derogatory to these conditions.
1.2 A consumer designates, within the meaning of these T & Cs, any natural person who acts for purposes which are not part of his commercial, industrial, craft or liberal activity.
1.3 The term “working day” within the meaning of these General Terms and Conditions designates all days of the week with the exception of Saturdays, Sundays and public holidays.
1.4 In accordance with the provisions of the Civil Code on the conclusion of online contracts, the contract will be concluded when you click on the "Buy now" button, after viewing the details thereof, and in particular its total price, and having the possibility of correcting any errors.
1.5 You can print or save this document using the function of your Internet browser (usually "File" then "Save as"). You can also download and archive this document in PDF format by clicking here. Adobe Reader software (available free of charge at www.adobe.fr) or another program compatible with the PDF format is required to read the PDF file.
2 REGISTRATION CONDITIONS
2.1 You can create a customer account to place an order on the Site. In this case, when you register, you agree to provide accurate and complete information. The username and password allowing access to the Site are confidential and must not be disclosed to third parties. After clicking on the "register for free" button, you will receive a confirmation of your registration by e-mail.
2.2 You can also order as a guest. In this case, you will have to provide with each order in particular the information relating to your identity as well as your contact details.
2.3 You agree to refrain from disturbing the website www.porcelainecarpenet.fr and from any use, beyond a simple online consultation, of the data appearing on this site. Any unlawful manipulation with a view to obtaining improper payments or other advantages to our detriment or to that of other members of the Porcelaine Carpenet site entails in particular the loss of the right of access to your customer account.
2.4 Each customer can only open one customer account. We reserve the right to delete any multiple registrations without notice and to give notice to the customers concerned, to cancel their registration or to delete or modify without notice any data which contravenes the provisions of articles 2.1 to 2.5.
2.5 Registration on our site is free and does not incur any obligation to purchase. You can terminate your customer account at any time. It is possible to delete your customer account by sending an e-mail with your request to the address email@example.com.
3 ORDERING TERMS
3.1 The main characteristics of the products and / or the service are indicated on the page of the article concerned as well as in the additional information mentioned on this same page.
3.2 You can place the selected item (s) in the basket. You can change the contents of your basket at any time. Once your selection is complete, you fill out an order form with your contact details, the method of payment and the delivery method chosen. To complete your order you must click on the "Confirm my order" button, you will then be redirected to a page summarizing the conditions of your order. To complete your order you must click on the button "Pay my order", your order becomes firm and final. Any ordering implies acceptance by you of the prices and descriptions of the products that you have placed in the basket.
3.3 We will acknowledge receipt of your order by written order confirmation via email.
3.4 The ordering process as well as the transmission of all information relating to your orders is carried out electronically and by email. You must therefore ensure that the email address you specified when ordering or creating your customer account is correct. We also invite you to check that the communications we send to you are not blocked by your spam filter.
3.5 Your order data is stored in our system. We offer each client access to their client account, protected by a password (click on "my account"). Once your customer account has been created, you can find out about orders placed, in progress or recently shipped and manage and save information about you (delivery address, billing address, etc.) and subscribe to our newsletter or subscribe to it. unsubscribe. You agree to keep the access data to your customer account confidential and in particular not to disclose it to third parties.
3.6 You can also order as a guest. In this case, you will have to provide with each order in particular the information relating to your identity as well as your contact details.
3.7 We reserve the right to adapt or modify these GTCs at any time without notice. In this case, the adaptations or modifications will be applicable to all orders occurring from the publication of the modified GTC on the site on which you will make your purchase.
3.8 On the www.porcelainecarpenet.fr site, contracts are exclusively concluded in French. Minors can only order with the authorization of their legal representatives.
3.9 The product offers are valid as long as they are visible on the site www.porcelainecarpenet.fr. In the event of cancellation of the order, the sums which you will have already paid (except the delivery costs if the order left from us) will be refunded to you within thirty (30) days following the cancellation of the order.
4 PRICES AND PAYMENT METHODS
4.1 The prices indicated on the Site as well as the shipping costs constitute the total price. They contain all the components of the price, including all taxes payable.
4.2 Shipping costs are not included in the purchase price. You can read the shipping costs by going to the page of our Site relating to the terms of delivery. Shipping costs are also mentioned on the page of the article in question and before final validation of your order. Shipping costs are your responsibility except in cases where delivery is free (see article 4 below).
4.3 Unless expressly agreed otherwise in writing, the price is payable in cash, in full on the day the order is placed. The seller is not obliged to deliver the products ordered by you if the price has not been paid in full in advance. Unless otherwise stipulated, the seller does not grant any discount.
4.4 We reserve the right to change prices at any time, but the products will in any case be invoiced on the basis of the prices in force at the time of placing the order. The price indicated in our order confirmation is the final price expressed in Euros, all taxes included at the legal rate in force. It includes delivery charges.
4.5 The means of payment available to you are indicated on a page of our Site or on the page of the article in question before ordering.
For deliveries in France, we provide the following means of payment:
- Advance payment by bank transfer
- Credit card payment
4.6. If an overdue payment does not occur within three (3) weeks of sending the order confirmation despite one or more reminders by e-mail (the first of which is generally sent six days after the order), we are in right to declare ipso jure the unilateral termination of the contract and thus to cancel the order. In the event of termination of the contract, we are no longer obliged to deliver the goods ordered; no rights will arise from the contract for either party. This means that the items ordered will be reserved for you for a maximum period of seventeen (17) days from the order.
In the event of payment by bank transfer, the order will only be processed after receipt of the payment due.
Note regarding payment by bank transfer: in accordance with European SEPA standards, transfers made between countries of the European Economic Area are free.
5 DELIVERY CONDITIONS
5.1 Delivery conditions
5.1.1 The delivery conditions, the delivery date and any restrictions relating to delivery are available on a page of our Site or on the page of the article in question before ordering.
5.1.2 The Seller delivers all over the world.
5.1.3 The products ordered will be sent to the address you provided during the ordering process. We are not responsible for delays in delivery caused by you providing an incorrect or incomplete address.
5.1.4 When the seller is prevented from performing the contract by a case of force majeure or a fortuitous event as defined by French case law or by a foreign cause, in particular a fault which is attributable to you, the delivery time is extended as of right depending on the duration of the impediment. We will inform you by e-mail of the occurrence and the end of such impediments. If the impediment lasts more than four (4) weeks, each party will have the right to terminate the contract as of right, without you being able to claim compensation from us.
5.1.5 If you are a consumer, the transfer of risks takes place when the products are delivered to the delivery address you have provided or when the package is collected from the carrier. If you are a professional, the transfer of risks takes place when the goods are dispatched by us.
5.2 Shipping costs (VAT included)
5.2.1 The delivery costs are applied according to the articles and the place of delivery. A reduction in these costs may be applied to certain products during the promotion period on the site.
5.3 Delivery times
5.3.1 The delivery time varies depending on the production time of the ordered item. A large majority of products are created on demand, so we recommend that you check the delivery information available on the product page of each item.
We undertake to deliver the goods ordered on the website www.porcelainecarpenet.fr within the period, expressed in working days, which will be displayed in the summary of your order as well as in the order confirmation email. The delivery period starts from the receipt of your payment. In the event of payment by bank transfer, the delivery period begins to run from the day of receipt of the payment due. In case of exceeding the delivery deadline, not justified by a case of force majeure, you can according to article L 138-2 of the Consumer Code terminate the contract by registered letter with request for acknowledgment of receipt or by a writing on another durable medium, if, after having enjoined us, according to the same terms, to make delivery within a reasonable additional period, we have not performed within this period. In addition, you can obtain reimbursement of sums already paid.
Please note that no items will be delivered on Sundays and holidays.
5.3.2 If you have ordered articles with different delivery times, the order will be dispatched when all the requested articles are ready for dispatch. In this case, the applicable delivery time is that corresponding to the article with the longest delivery time.
6 RIGHT OF WITHDRAWAL
6.1 Right of withdrawal
In accordance with the provisions of article L. 121-21 of the Consumer Code, you as a consumer have 30 days to exercise your right of withdrawal without giving any reason. You can exercise your right of withdrawal from the day of receipt of the goods. The withdrawal period expires thirty days after the day on which you, or a third party other than the carrier and designated by you, physically takes possession of the last item. In the case of an order for several products delivered separately, the withdrawal period runs from receipt of the last product.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous declaration (for example, letter sent by post, fax or email) by post to the address Porcelaine Carpenet, Saint Aubin, Route de Bujaleuf, 87400 Saint-Léonard de Noblat, FRANCE or by e-mail at firstname.lastname@example.org.
For the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.
6.2 Effects of withdrawal
In the event of your withdrawal from this contract, we will reimburse all payments received from you except the delivery costs, without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will reimburse using the same means of payment as that which you used for the initial transaction, unless you expressly agree to a different means; in any event, this reimbursement will not incur any costs for you.
You must return or return the goods to "Porcelaine Carpenet, Saint Aubin, Route de Bujaleuf, 87400 Saint-Léonard de Noblat, FRANCE" without undue delay and, in any event, at the latest fourteen days after you have given us communicated your decision to withdraw from this contract. This deadline is deemed to be respected if you return the goods before the expiration of the period of fourteen days. We do not bear the costs of returning the goods. Your responsibility is engaged only with regard to the depreciation of the good resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of this good.
For parts in Pre order, any cancellation before delivery, we keep a percentage
6.3 Exceptions to the right of withdrawal
In accordance with the provisions of article L. 121-21-8 of the Consumer Code, we inform you that the right of withdrawal cannot be exercised for orders for the supply of goods made up to your specifications or clearly personalized.
7 DISCOUNT COUPONS, GIFT CARDS AND PROMOTIONAL CAMPAIGNS
7.1 Conditions of use for reduction coupons
The stipulations of this article only apply to reduction coupons distributed free of charge. Gift cards are subject to the provisions of article 7.2 of these GTC.
7.1.1 Porcelainecarpenet.fr may distribute reduction coupons entitling to a reduction in the price of a purchase, either in absolute value or in percentage. Discount coupons can be used on all products on the site, unless otherwise specified in the campaign accompanying the coupon or on the coupon itself. Each reduction coupon specifies the minimum purchase amount, the online store where the coupon can be used and the expiration date of the coupon. Certain products and certain categories can be excluded from the benefit of reduction coupons. In the case of a reduction in absolute value, the total price of the order must reach at least the value offered by the coupon, unless otherwise indicated when the discount coupon is given. Discount coupons are provided in the form of a single-use code. Unless otherwise noted, the code expires when used.
7.1.2 The assets represented by the reduction coupon are not earning interest, cannot be reimbursed and are not transferable to third parties. If porcelainecarpenet.fr becomes aware of a transfer of reduction coupon to a third party, porcelainecarpenet.fr reserves the right to declare the coupon in question invalid.
7.1.3 It is not possible to use several reduction coupons for a single order.
7.1.4 The difference between the amount of the reduction coupon and the value of your order can be settled by any means of payment offered on the site.
7.1.5 In the event of total or partial return of the goods, the fraction of the price paid by reduction coupon is not refunded.
7.1.6 If you used a reduction coupon during your purchase, we reserve the right to charge you the initial price of the goods in case, due to a withdrawal, the total amount of the order was less than the value of the corresponding reduction coupon.
7.1.7 If the conditions of use of the reduction coupon stipulate that only new users cannot benefit from the reduction, the coupon will only be valid if the user opens a customer account for the first time at porcelainecarpenet.fr.
7.2 Conditions of use for gift vouchers
The stipulations of this article only apply to gift cards purchased from us. The reduction coupons are subject to the provisions of article 7.1 of these GTC.
7.2.1 Gift cards can only be used for purchases on the www.porcelainecarpenet.fr site.
7.2.2 Gift cards cannot be used for the purchase of other gift cards.
7.2.3 To have materialized by gift cards is not earning interest and cannot be refunded.
7.2.4 The purchase of a gift voucher can only be canceled as long as it has not yet been used. A gift voucher is considered to have been used when it has been cashed, either when placing an order or to credit its value to a customer account.
7.2.5 You can settle the possible difference between the amount of the gift voucher and the value of your order by any means of payment offered on the site.
7.2.6 It is not possible to use several gift cards per order. It is also not possible to combine a gift card with a reduction coupon per order.
7.2.7 You can only use your gift card once. If the total amount on your gift card is not spent on a single order, you must send an email to email@example.com and customer service will send you a new gift card for the remaining amount.
7.2.8 porcelainecarpenet.fr incurs no responsibility in the event of loss, theft or illegibility of gift vouchers, or in the event of errors in the email address of the recipient of the gift card.
7.2.9 Gift cards are transferable. It is prohibited to duplicate, edit or manipulate gift cards.
7.2.10 In the event of fraud, attempted deception or suspicion of illegal activities relating to an order paid for using a gift card, we reserve the right to close the corresponding customer accounts and / or request the payment by a different payment method. In this case, the customer concerned will not be able to request the unlocking of their account, or the reimbursement of the credit of the gift certificate (s) concerned.
7.3 Promotional campaigns
The following conditions apply to any competition, contest or campaign (hereinafter referred to as "Promotional Campaign") organized by porcelainecarpenet.fr
7.3.1 The winners or beneficiaries are selected from all the people who participated in the promotional campaign and who fulfilled all the conditions stipulated by porcelainecarpenet.fr. The winners or beneficiaries are informed by porcelainecarpenet.com via the email address provided during registration. If the email contains a stipulation that the winner or beneficiary is required to contact porcelainecarpenet.com within a certain period of time in order to accept the prize, the right to the prize will expire once this period of time has passed if the winner or beneficiary has failed to establish this contact.
7.3.2 The prizes or rewards offered during a promotional campaign cannot be exchanged or refunded.
7.3.3 Participants in a promotional campaign accept that, in the event of a victory, their name may be mentioned on the porcelainecarpenet.fr site as well as on other porcelainecarpenet.com services as well as in press releases during a reasonable delay.
7.3.4 porcelainecarpenet.fr reserves the right to exclude participants from a promotional campaign if they have manipulated the competition or the promotion mechanisms by using unfair means or in violation of these GTC. At its own discretion, porcelainecarpenet.com may close the customer account of the authors of the manipulation.
8 LEGAL WARRANTY
8.1. In accordance with applicable regulations, we are liable for non-compliance under the conditions of article L. 211-4 of the Consumer Code and for hidden defects under the conditions provided for in articles 1641 et seq. Of the Civil Code for products ordered on the site.
8.2. The satisfaction of our customers is important to us. You can contact us at any time using the contact details for customer services listed above. We will examine your request as soon as possible and will contact you after receipt of the documents and / or your request or complaint. Complaints may take a long time to process, as it often involves the need to contact our production and / or delivery partners. You can facilitate the processing of your complaint by describing the problem as accurately as possible, and by sending us a copy of the invoice or by giving us the order references (order number, customer reference, etc.). If there is no response from us within five (5) working days, we invite you to contact us again. Indeed, it can happen that certain e-mails are blocked by the spam filter of our computer system.
It is impossible for us to guarantee that data communication over the Internet takes place without errors and / or that it is available at all times. We do not offer any guarantee of permanent and uninterrupted availability of the Site.
10 LANGUAGE OF THE CONTRACT, STORAGE OF CONTRACTS
10.1 On the Site, contracts are exclusively concluded in French.
10.2 You have the possibility to consult these GTCS at any time on the Site. You can print or save this document. You can also archive the contractual conditions of your order by downloading the GTC and saving either the summary of your order using your browser, or the order confirmation email which is sent to you automatically after your purchase at the email address you provided.
10.3 This order confirmation contains the references of your order as well as a copy of the GTC applicable to the order. The order confirmation can be saved or printed using the corresponding e-mail function.
12 APPLICABLE LAW / COMPETENT JURISDICTION
12.1 These T & Cs are governed by French law. Any dispute relating to these GTC will be submitted to the competent French courts.
12.2 In contractual relations with our professional customers, the courts of the jurisdiction of our head office (Limoges, France) are exclusively competent. However, we reserve the right to bring a professional client before the courts of their headquarters.
13 INTELLECTUAL PROPERTY
13.1 The www.porcelainecarpenet.fr site is an intellectual work protected by law. Their content, including texts, illustrations, photographs, presentations and databases are strictly reserved under copyright as well as industrial property.
13.2 This content may not be copied, disseminated, used or reused in any way without the prior agreement of the corresponding owners. This applies in particular to any copy made with the help of an indexing robot or any other automatic mechanism. Any use or modification of these services for purposes for which they were not intended is strictly prohibited. In particular, the copying or downloading of content, offers, directions, databases, etc. is prohibited. for commercial use, and will be subject to legal consequences for civil and criminal fault within the framework of the existing legal options.
14 SAFEGUARD CLAUSE
If one of the provisions of these T & Cs was or became void or unenforceable, the validity of the other provisions would not be affected. The null or unenforceable provision would then be replaced by the applicable legal provisions.