General terms and conditions of sale (GTC)
Between Atelier Polyhedre
16 rue de coulmiers 44000 Nantes
represented by M Baptiste Ymonet
Hereafter the “seller”
The natural or legal person making the purchase of products or services of the company, hereafter, “the purchaser”, or “the customer”.
Alone or separately, hereinafter referred to as “the party” or “the parties”.
Article 1: purpose
These general conditions of sale determine the rights and obligations of the parties in connection with the online sale of products offered by the seller.
Article 2: General provisions
These general conditions of sale (GTC) apply to all sales of products, made through the seller’s website which are part of the contract between buyer and seller. The seller reserves the right to modify the present, at any time by the publication of a new version on its site. The applicable GTC are those in force on the date of payment of the order. These GTC can be consulted on the site. The seller also ensures that their acceptance is clear and unqualified by setting up a check box and a click of validation at the time of payment. The customer declares to have read all of these general terms and conditions of sale, and, where applicable, special conditions of sale related to a product or service, and accept them without restriction or reservation. The customer acknowledges that he has benefited from the necessary advice and information in order to ensure the adequacy of the offer to his needs. The client declares to be able to contract legally under French laws or validly represent the natural or legal person for whom he undertakes. Unless proven otherwise, the information recorded by the seller constitutes proof of all transactions.
Article 3: price
The prices of the products sold on the site are indicated in euros all taxes included and precisely determined on the pages of product descriptions. They are also shown in euros on the products order page, and excluding shipping specific costs. The delivery costs shall remain in any event borne by the purchaser. For all products shipped outside the European Union and/or DOM-TOM, the price is calculated automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the seller. They will be borne by the purchaser and are responsible (declarations, payment to the competent authorities, etc.). The seller invites the purchaser to inquire about these aspects with the corresponding local authorities. The seller reserves the right to modify its prices at any time. The delivery costs are due by the customer, unless otherwise stated during the order.
Article 4: conclusion of the online contract
The customer must follow a series of specific steps for each product offered by the seller in order to carry out his order. However, the steps described below are systematic:-information on the essential characteristics of the product; -Choice of the product, if any of its options and indication of the essential data of the customer (identification, address…); -Acceptance of these general terms and conditions of sale. -Verification of the elements of the order and, if necessary, correction of errors. -Follow up of the instructions for the payment, and payment of the products. -Delivery of the products. The customer will then receive confirmation by email of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. For the products delivered, this delivery will be made at the address indicated by the customer. For the purpose of the successful completion of the order, and in accordance with article 1316-1 of the civil code, the customer undertakes to provide his truthful identification elements. Furthermore, the seller reserves the right to refuse the order, for example for any request that appears to be abnormal or carried out in bad faith.
Article 5: products and services
The essential characteristics of the goods, services and their respective prices are made available to the purchaser on the site. The customer certifies to have received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract. The seller undertakes to honor the customer’s order within the limits of the stocks of available products only. Failing this, the seller informs the customer. This contractual information is presented in detail and in the French language. According to French law, they are the subject of a summary and a confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale are not of contractual value, are presented for illustrative purposes and cannot incur the responsibility of the seller. The period of validity of the offer of the products as well as their prices are specified on the seller’s website. Subject to any special conditions, the rights granted hereunder are solely to the natural person who signed the order (or the person holding the email address communicated). In accordance with the legal provisions on compliance and hidden defects, the seller may reimburse or Exchange defective products or not corresponding to the order.
Article 6: delivery
All products offered by the seller on the site are available worldwide, with the exception of specified products not available outside the European Union, in particular due to their weight or volume. This information is indicated on the site at the time of the order. The seller makes available a telephone contact point indicated in the order confirmation email in order to keep track of the order.
The delivery times indicated on the site are indicative deadlines, corresponding to the average processing and delivery times recorded.
The seller recalls that at the time the customer hangs physical possession of the products, the risks of loss or damage to the products are transferred to him. It is the customer’s responsibility to notify the carrier of any reservation on the delivered product. The company may not be held liable for any consequences due to delayed delivery.
Article 7: availability
Orders will be processed within the limits of available stocks. In case of unavailability of a product for a period exceeding 14 working days, the customer will be immediately notified of the foreseeable time of replenishment and the order of this item may be cancelled upon request. The customer will then be able to request a credit for the amount of the item or reimbursement.
In addition, it is recalled that the products offered by the seller are handmade and of artisanal origin. The choice of the number of parts available may therefore be determined on a case-by-case basis.
Article 8: payment
Payment is due immediately to the order, including pre-order products. The customer can make payment by credit card. Cards issued by banks domiciled outside France must be international bank cards (MasterCard or Visa). Secure online payment by credit card is made by the payment provider stripe (www.stripe.com). Once the payment is initiated by the customer, the transaction is immediately debited after the information is verified. In accordance with the provisions of the monetary and financial code, the payment commitment given by card is irrevocable. By communicating its banking information during the sale, the customer authorizes the seller to debit his card of the amount relative to the price indicated. The customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In case of error, or inability to debit the card, the sale is immediately solved by right and the order cancelled.
Article 9: withdrawal
In accordance with article L. 121-20 of the consumer code, “the consumer has a period of fourteen free days to exercise his right of withdrawal without having to justify reasons or to pay penalties, with the exception, if any, of the costs of return “. ‘ The time limit referred to in the preceding paragraph shall run from receipt for the goods or acceptance of the offer for services ‘, provided that the product has not suffered any damage and is in its original packaging.
In case of exercise of the right of withdrawal within the aforementioned period, only the price of the product (or products purchased and the shipping costs will be refunded, the return costs remain the responsibility of the customer. The returns of the products are to be carried out in their original condition and complete (packaging, accessories, notice…) so that they can be re-marketed in the new State; The parcels for which no enclosed element can identify the sender (order number, mail, surname, first name, address) will also not be included. The right of withdrawal is also exercised at the time of ordering and before the logistical processing of the parcel. In this case, the command is simply canceled.
The reimbursement to the client will be effected by transfer within 14 days of receipt of the goods in application of the exercise of the right of withdrawal.
Article 10: claims
the purchaser may submit any claim, within 30 days of the order, by contacting the seller by mail addressed to Atelier Polyhedre, 2 BD Jean Moulin,44100 Nantes, or by mail to email@example.com.
The seller undertakes to provide a reply within 14 days after receipt of the claim
Article 11: intellectual property rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly forbidden without a written agreement of the seller. Any simple or hypertext link is strictly forbidden without the express written consent of the seller. All texts and images presented on the seller’s website are reserved, for the whole world, for copyright and intellectual property rights; reproduction, even partial, is strictly forbidden.
Article 12: force majeure
The fulfilment of the obligations of the seller at the end of the present is suspended in case of occurrence of a fortuitous case or force majeure which would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 13: invalidity
If any of the stipulations of this agreement were cancelled, such nullity would not result in the nullity of the other stipulations which remain in force between the parties.
Article 14: protection of personal data
In accordance with the data protection act of 6 January 1978, the client has the rights to question, access, modify, oppose and rectify the personal information concerning him. By adhering to these GTC the customer agrees that the seller collects and uses his data for the realization of this agreement. By entering its email address on the site, the customer will receive emails containing information and promotional offers concerning products published by the seller. The customer will be able to unsubscribe at any time. It will suffice for this to click on the link present at the end of the seller’s emails or to contact the company at firstname.lastname@example.org.
Article 15: law applicable in case of disputes
All the clauses contained in these general conditions of sale, as well as all the transactions of purchase and sale referred to therein made through the site, will be subject to French law.