Terms of Sales
Article 1 – DEFINITIONS
Customer : Individual who places an order
CGV : General conditions of sale.
Seller : Bouquet of clay . This is the sales professional who offers products to customers.
Product(s) : good(s) put on sale in the catalog of the website www.bouquetdargile.com .
Website : www.bouquetdargile.com. This is the seller's website used in the context of his professional activity.
Order : document used by customers to purchase products.
Article 2 – PURPOSE OF THESE CGV
The purpose of these General Terms and Conditions is to describe the terms and conditions for distance selling of goods/products (and/or services) between our company Bouquet d'Angle and customers.
As such, they set out all the rights and obligations of the parties with regard to their relationship.
The rules applicable in the context of the online sale of goods offered by the Bouquet d'rglay company from the website www.bouquetdargile.com are specifically set out here.
The said General Conditions of Sale are deemed to have been accepted by customers without any reservation.
The company reserves the right to adapt, modify or delete any part of the T&Cs at any time, it being understood that the version of the T&Cs applicable to customers remains that in force on the day of their order.
Article 3 – PRODUCT INFORMATION
The products which are governed by these general conditions are those which appear on our website www .bouquetdargile.com
These products are offered while stocks last.
The products are presented and described with the greatest possible accuracy.
Product images are not contractual.
Article 4 – THE ORDER
Customers must place their order in accordance with the specifications mentioned on the site www.bouquetdargile.com , for all the products listed there and of course within the limits of available stocks.
Customers place orders directly on the website www.bouquetdargile.com .
The placing of the order on the website will be confirmed by the implementation of the double-click mechanism.
Once the products selected by customers have been added to the basket, customers must check and correct, if necessary, the contents of their basket before any validation.
For the order to be validated, customers must accept, by clicking where indicated, these General Terms and Conditions and indicate the address and delivery method they desire as well as the payment method.
As soon as a non-payment, an incorrect address or any other problem resulting from the customer's account is noted, the company Bouquet d'rglay , seller on the site www.bouquetdargile.com may block the order until the problem detected is resolved.
Article 5 – THE PRICE
The company reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to the products available on that date.
The prices indicated are indicated inclusive of tax in euros and do not take into account delivery costs which will be invoiced in addition and specified before any order validation.
Payment of the entire price must be made when ordering.
The amounts paid cannot be considered as deposits or deposits.
Article 6 – PAYMENT OF THE ORDER
The products presented on the site are payable at the time of ordering.
The sale will be considered final after sending to customers confirmation of acceptance of the order by the seller by e-mail and after sending payment by the seller of the price.
In order to pay for their order, customers have their choice of all the payment methods made available to them by the company Bouquet d'Argile. and listed on the website www.bouquetdargile.com .
The different payment methods are:
- by bank card: national credit card, visa card and Mastercard card are accepted on the site www.bouquetdillée.com ;
- by bank transfer: the bank details of the company Bouquet d'rglay will be sent by email to customers when they have selected this payment method.
Article 7 – LATE PAYMENT
The company Bouquet d'argile reserves the right to refuse to make a delivery or to honor an order which comes from a customer who has not paid in part or in full for an order or with whom a payment dispute is in progress. administration course.
As part of an order verification procedure and with the aim of ensuring that no person uses the bank details of another person without their knowledge, the company may ask customers to send it by email a copy of an identity document as well as proof of address. The order will then be validated after verification of the customers' personal information.
Article 8 – ELECTRONIC SIGNATURE
The final validation of the order as well as the online provision of customers' banking details constitute express acceptance of all operations carried out.
This also constitutes proof of customers' agreement to the payment of sums due.
In the event of fraudulent use of the bank card, customers are invited to contact the company Bouquet d'argile as soon as possible.
Article 9 – TRACKING AND DELIVERY TERMS
Delivery costs are the sole responsibility of customers and may vary depending on the type of order.
Delivery costs are indicated to customers from the moment they check product availability.
The products are delivered to the address indicated by customers on the order form. The latter must, in this regard, ensure the accuracy of the information given relating to the address.
When packages are returned to Clay Bouquet Company, the company may reship packages at the customers' expense when the return is related to an incomplete or incorrect address.
The company, seller, undertakes to ensure that the products delivered comply with the order as well as legal and regulatory obligations.
If the products do not conform to the order, customers can ask the company to make a new delivery at the company's expense.
The company Bouquet d'argile cannot be held responsible for exceeding the date of availability or delivery only after having been notified, by registered letter with acknowledgment of receipt, by customers to deliver the products within a reasonable delay.
If the delay in delivery results from force majeure, then in this case the company will not be considered responsible.
If delivery is not carried out, customers may terminate the sales contract which will thus be declared as canceled and customers will have to be reimbursed.
The transfer of ownership and risks of the products occurs upon delivery of the products. Products being delivered are therefore at the sender's risk.
At the time of delivery, if the original packaging is damaged or still open, customers must check the condition of the products. If said products are damaged, customers must refuse the package and note the reason for refusal on the delivery slip.
Under no circumstances will Bouquet d'Angle be held responsible for theft from the customer's mailbox (proof of posting by the Post Office disclaims all liability).
Article 10 – DELIVERY ERROR
On the day of delivery or at the latest the first working day following delivery, customers must make complaints to the company Bouquet d'argile regarding delivery errors or non-compliance of the products with the order form.
Complaints made after this deadline are rejected.
Complaints must be made by email to bouquetdargile@gmail.com
When there is an error in the delivery, the products to be exchanged or refunded must be returned to the company Bouquet d'argile in their original packaging at the following address 25 rue Henri Moissan, Villa Pauline bat A, 13100 AIX-EN-PROVENCE .
In this case, the return costs are the responsibility of the company.
Article 11 – RIGHT OF WITHDRAWAL
1 – WITHDRAWAL OF PRODUCTS
In accordance with the provisions of Article L. 221-18 et seq. of the Consumer Code, customers have in principle a withdrawal period of 14 days from the day after receipt of the products by customers.
If the order concerns various products delivered separately, the period of 14 days begins to run from receipt of the last product.
Once customers exercise their right of withdrawal, they do not have to justify their decision nor bear any costs other than those corresponding to the costs of returning the products according to article L.221-23 of the Consumer Code. .
In order to exercise their right of withdrawal, customers must inform the company Bouquet d'argile of their decision before the expiration of the 14-day period by sending the following form by email to bouquetdargile@gmail.com
“ To the attention of Bouquet of clay,
I/we(*) hereby notify you of my/our(*) withdrawal from the contract relating to the sale of the product(*) below:
Ordered on(*) / received on(*):........................................ .......
Name of consumer(s):............................................
Address of the consumer(s):...................................
Date :................................................ ..................................
(*) = Delete the unnecessary entry. »
2 – EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L. 221-28 of the Consumer Code, the right of withdrawal cannot be exercised in several cases including the case where the products are personalized or with regard to the supply of digital content. not provided on a hardware medium.
3 – CUSTOMER REFUND
As soon as the right of withdrawal is exercised by customers within the limits of the provisions in force, the company Bouquet d'argile is required to reimburse customers for the totality of the sums paid, at the latest within 14 days from the date of payment. date on which Bouquet d'Angle was informed of the customers' decision to withdraw.
Article 12 – FORCE MAJEURE
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described in this contract, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
The Party noting the event must immediately inform the other party of its inability to perform its service and justify this to the latter. The suspension of obligations may in no case be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.
Force majeure cases are all irresistible facts and circumstances, external to the parties, unforeseeable, inevitable, and independent of the will of the parties which prevent the normal execution of the sales contract.
If a case of force majeure arises, or a fortuitous event, the parties then agree together on the conditions under which the contract can be continued.
Article 13 – GUARANTEES
1 – LEGAL GUARANTEE
The company Bouquet d'argile guarantees customers against lack of conformity and against hidden defects in the products.
The company is guarantor of all products and goods in the sales contract.
She ensures that no errors are made on the website or in the products.
Customers thus have the possibility of making a request under the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the Consumer Code.
They can also make a request under the guarantee of defects in the item sold under articles 1641 et seq. of the civil code.
If customers implement the legal guarantee of conformity, they have a period of two years from delivery of the goods to act.
Thus, as part of the legal guarantee of conformity, customers can:
- benefit from a mandatory period of up to two years from delivery of the product to take action against the seller, the company Bouquet d'Argie;
- choose between repairing or replacing the item, subject to the cost conditions provided for by Article L. 217-9 of the Consumer Code;
- Customers are also exempt from providing proof of the existence of the lack of conformity of the product for two years following the purchase of the good for all products purchased new and six months for second-hand goods.
2 – COMMERCIAL GUARANTEE
Article 14 – INTELLECTUAL PROPERTY LAW
The content of the website of the company Bouquet d’oreille namely the site www.bouquetdargile.com remains the property of the seller.
The company is therefore the sole owner of the intellectual property rights to the content of the website.
Customers undertake not to use the content of the website without the prior written consent of the company Bouquet d'argile.
By agreeing not to use the content of the website, customers undertake not to use any mention of the site, nor the brand, trade name, logos, designs, etc.
Any unauthorized use may constitute an offense of counterfeiting subject to criminal prosecution.
Article 15 – COMPUTING AND FREEDOMS
Information collected by the Bouquet d’argile company benefit from the protection of the Data Protection Act No. 78-17 of January 6, 1978 as well as the general data protection regulations applicable since May 25, 2018.
The Clay Bouquet company collects personal data about customers in order to be able to sell products and is in this sense the person responsible for processing said data.
The company guarantees the security of the processing of the information communicated as well as the protection of customer privacy.
The information collected may be used for commercial prospecting purposes or to improve the quality of the company's services.
Customers have the possibility to object to the communication of their data by sending a letter to the following address: bouquetdargile@gmail.com
Customers also have a right of access, opposition, rectification and deletion of their personal data which they can also exercise by sending a letter to the company whose address is indicated above.
Customers also have the possibility of recovering the data communicated to the company, requesting its destruction or transmitting it to another company.
Article 16 – NON – PARTIAL VALIDATION
If one or more clauses of these general conditions of sale are declared to be contrary to a mandatory legal provision, the other clauses of these general conditions of sale nevertheless remain applicable and the sales contract will not be affected.
Article 17 – APPLICABLE LAW
These General Terms and Conditions are written in French.
Also, the general conditions of sale are subject to French law unless mandatory provisions to the contrary.
Article 18 – DISPUTES
In the event of a dispute that may arise from the contract or the General Terms and Conditions, the parties undertake to seek an amicable solution as a priority.
Disputes which have not been resolved amicably between the company Bouquet d'argile and the customers will be submitted to the competent courts.
Customers can also use the mediation service offered by the company free of charge in accordance with article L. 612-1 of the commercial code.