General terms and conditions of sale
Article 1: Scope
The purpose of these terms and conditions of sale is to govern sales made on the www.faienceriegeorges.com website between Faïencerie Georges and legal adults for non-business purposes purchasing for non-professional personal use, or legal entities purchasing for needs not concerning their professional activity.
They constitute the regime under which Faïencerie Georges places the sale of its products, for the whole world (to the customers defined above).
All sales made by Faïencerie Georges to the customers defined above shall therefore be governed by the said terms and conditions as well as the terms of the order relating to the sales operation concerned as accepted under the terms and conditions defined hereunder.
Placement of an order on the website therefore implies:
- the full and unqualified acceptance of these terms and conditions of sale by the customer,
- waiving by the customer, for any reason and any in form whatsoever, of the right to claim contrary provisions or exceptions to these terms and conditions of sale and the terms of the order concerned as accepted under the terms and conditions defined below.
In the event of a dispute, the applicable terms and conditions of sale shall be those in force at the time of the order.
Article 2: Products
The prices and offers given in the online store shall be valid for as long as they are visible on the website.Products may be added or removed from the website without notice.The articles on sale are compliant with applicable French and European legislation.
Article 3: Conditions of use and care of the products
The conditions of use and care are available on each product presentation page, in the "E-shop" menu.
Article 4: Order
The customer may freely select the products proposed for sale on the www.faienceriegeorges.com website that he/she wishes to buy. The customer may access his/her shopping cart at any time and change its contents.
In accordance with Article L. 221-13 of the French Consumer Code, after payment has been made, Faïencerie Georges shall send the customer a confirmation of the order by e-mail to the e-mail address given by the customer during the order. This order confirmation will summarise all essential information.
Article 5: Unavailability of the Product ordered
Should a product turn out to be unavailable after the customer has confirmed the order, Faïencerie Georges shall inform the customer of this in order to either:
- postpone delivery until the product is back in stock, where this is possible,
- refund the customer who has already paid for the unavailable product. The refund shall be made within a maximum of fourteen (14) days after the refund request. After this period, the amounts due will bear interest at the legal rate of interest.
Article 6: Prices and delivery charges
Prices are given in euros and are deemed to be inclusive of VAT.
Delivery charges shall be paid by the customer and are given during the processing of each order.
The applicable delivery charges depend on the weight of the order and the country of shipping:
Faïencerie Georges reserves the right to change prices and delivery charges by amending these terms and conditions of sale and by immediately displaying them on the web site. However, Faïencerie Georges undertakes to apply the prices that were given when the customer’s order was confirmed.
The customer will have access to the full amount of the order including tax and delivery charges prior to final order confirmation.
Article 7: Payment
Payment is due in euros immediately on the date of the order. Payment must be made by bank card or through the Paypal payment system. It is specified that Faïencerie Georges does not have any access to the bank details provided by the customer.
Article 8: Delivery conditions
8.1 - Place of delivery
The products can be delivered worldwide.
The products shall be delivered to the delivery address that the customer has provided during the order. Delivery comprises the packaged product(s) ordered, and an itemised invoice. The delivery is made by Colissimo (La Poste) or by any other competent delivery company that Faïencerie Georges would deem it necessary to substitute.
Likewise, the customer must ensure that during the order, he/she has given sufficiently precise information about the recipient: telephone number, exact delivery address, to avoid any delivery errors or the loss of the package. Any mistake by the customer concerning this information that results in a late delivery or a lost package may not be attributed to Faïencerie Georges. In this event, the customer shall remain responsible for the payment of lost or damaged products. The customer shall not be entitled to any compensation or refund on this account.
8.2 - Delivery times
The products are delivered within 5 working days from the validation of the order.
8.3 - Late delivery
Where orders are not delivered within the time given when the order is placed, for a reason other than force majeure or a reason attributable to the customer, the customer may, if he/she wishes, cancel the order in accordance with Articles L. 216-1 et seq. of the French Consumer Code. Under the said Articles of the French Consumer Code, the customer shall ask Faïencerie Georges, by registered letter with acknowledgement of receipt or in writing on a durable medium, to deliver the order within a reasonable additional period. Should Faïencerie Georges fail to do this at the end of this reasonable period, the customer may terminate the contract by registered letter with acknowledgement of receipt or in writing on a durable medium sent to Faïencerie Georges.
The sale shall be considered to have been cancelled after Faïencerie Georges receives the cancellation by registered letter with acknowledgement of receipt or in writing on a durable medium in which the customer informs it of his/her decision.
If applicable, Faïencerie Georges shall refund the amounts paid by the customer for the cancelled order within fourteen (14) days of receiving the registered letter of cancellation.
Where Faïencerie Georges has not refunded all the amounts paid by the customer under the above-mentioned conditions, this amount shall automatically be increased by 10% if the refund is not paid within thirty (30) days after this period, by 20% if not paid within sixty (60) days and 50% after this.
8.4 - Reservations and claims
Without prejudice to the time that the customer has to exercise his/her right of withdrawal provided under Article L. 221-18 et seq. of the French Consumer Code, the customer must check the parcel when the order is delivered and make all justified reservations and claims, or even refuse the parcel if it is likely that it has been opened or if it has visible signs of damage. In accordance with Article L. 133-3 of the French Commercial Code, these reservations and claims must be notified on the delivery slip presented by the carrier and sent in writing (e-mail or letter) to Faïencerie Georges within a maximum period of two (2) to three (3) days as of the date the carrier presents the parcel in order to benefit from proceedings against the carrier for damage or partial loss. In accordance with Article L. 224-65 of the French Consumer Code, when the consumer personally takes delivery of the transported objects and when the carrier cannot justify that it gave the consumer the possibility of effectively checking that the goods were undamaged, the period mentioned in Article L. 133-3 of the French Commercial Code, which extinguishes all action against the carrier, is increased to ten (10) days.
Article 9: Right of withdrawal
In accordance with Article L. 221-18 et seq. of the French Consumer Code, the consumer has the right to withdraw from the sales contract concluded on the website within fourteen (14) days of receipt of the goods.
If the period of fourteen (14) days expires on a Saturday, Sunday, public holiday or non-working day, this period shall be extended up until the first working day that follows.
To exercise this right of withdrawal, the consumer must notify Faïencerie Georges of the decision to withdraw from the contract in a statement devoid of any ambiguity (for example, a letter sent by post, fax or e-mail at the following address: contact@faienceriegeorges.com The customer may use the withdrawal form. However, this is not compulsory.
For the withdrawal period to be observed, the consumer must simply send the communication relating to the exercise of the right of withdrawal before the end of the withdrawal period.
In the event of a valid withdrawal from the sales contract by the consumer, Faïencerie Georges shall refund all payments received from the consumer, including delivery charges (except for additional charges resulting from the fact that the consumer has chosen, if applicable, a delivery mode that is more expensive than the standard delivery proposed by Faïencerie Georges) without excessive delay and, at any event, at the latest within fourteen (14) days of the date that Faïencerie Georges is informed of the consumer’s decision to withdraw. The refund will be made using the same method of payment as the one used for the initial transaction, except if the consumer expressly agrees to a different payment method; at any event, this refund shall not result in any costs to the consumer.
Faïencerie Georges may defer the refund until it has received the goods or until the consumer has provided proof that the goods have been shipped. The date used will be that of the date of the first of these events.
The consumer must send back or return the goods to Faïencerie Georges without undue delay and, at any event, no later than fourteen (14) days after he/she has informed Faïencerie Georges of his/her decision to withdraw from the sale contract. This period shall be deemed to have been complied with if the consumer returns the goods before the expiry of the fourteen (14) day period.
The consumer must bear the direct costs of returning the goods via Colissimo (La Poste) on the basis of La Poste rates in force. The products should be returned in their original packaging and must be packed in the same way as sent, or in any packaging suited to fragile items.
The consumer shall only be held liable for damage to the goods resulting from handling other than that required to establish the nature, characteristics and correct functioning of these goods.
Article 10: Warranties
Seller's products are handcrafted. Slight variations in dimensions or colors are normal and are related to the technical manufacturing process and this is not a defect. However, Faïencerie Georges is liable for the non-conformity of the goods under the conditions of Articles L. 217-4 et seq. of the French Consumer Code and for latent defects in the items sold under the conditions set out in Articles 1641 et seq. of the French Civil Code.
The customer may make a request to Faïencerie Georges with respect to the legal warranty of conformity or with respect to the warranty for defects of the product sold.
In the case of a legal warranty of conformity, the customer:
- has two (2) years from the delivery of the goods to act;
- may choose between the repair and replacement of the goods, subject to the conditions of cost provided in Article L. 217-9 of the French Consumer Code;
- does not have to provide proof of the existence of the non-conformity of the goods within twenty-four (24) months of delivery of the goods.
The customer may decide to implement the warranty against latent defects of the product sold as defined in Article 1641 of the French Civil Code. In this event, he/she may choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
Faïencerie Georges shall, as the customer has chosen, replace the products with identical products or products of equivalent quality and price depending on its available stocks, or refund the goods:
- in the event of latent defects in the products sold that make them unfit for their intended use, or reduce this use to such an extent that the customer would not have purchased them or would have paid a lower price if he/she had been aware of these defects,
- in the event of delivery of products that do not comply with the order.
Any costs for returning the damaged or non-conforming products shall be borne by Faïencerie Georges.
Article 11: Protection of personal data
11.1 Nature of personal data
Faïencerie Georges collects certain personal data concerning its clients via its website. Clients who do not wish to supply the data required for the purchase of its products via the website will not be able to complete the sales contract.
The personal data likely to be collected covers the following:
- user name: This is the data the client enters when creating an account using the registration form, which includes surname, first name, phone number, email address, delivery address, billing address, and password to connect to the account,
- data supplied to carry out a transaction: The usual data on identity, plus information relative to payment. This data is shared with various intermediaries responsible for delivery of the order, who must then erase this data from their IT system once the client’s order has been processed,
- communications with customer services, either by email or phone,
- browser history is collected whenever a client visits the site (time, date, browser, IP address, geo-localization, etc.).
This data is collected solely with the purpose of understanding browsing habits so that Faïencerie Georges may make improvements to its site by studying this data.
- the newsletter: On condition that the client has agreed to receive it. The client may cancel this at any moment with a simple click on the “unsubscribe” link found at the bottom of each newsletter.
11.2 Purpose of data collection and handling
- Data relative to payment is collected and handled exclusively by the bank concerned, which is the sole entity responsible for its handling.
- Any other data collected is required for the correct handling and administration of orders for products offered on the website. This data is stored by Faïencerie Georges for this sole purpose, and Faïencerie Georges undertakes not to use this data in any other way, nor to pass it on to third parties, without the express approval of the client and/or in cases set out under law, and/or for the correct fulfillment of orders, notably to enable delivery of products to the client. This data is subject to IT handling.
- Responsibility for data handling: With the exception of data relative to methods of payment, Faïencerie Georges is responsible for data handling. Its contact details can be found on the “Legal notices” thumbnail on the site.
This data is stored in secure conditions, using current technical means, in compliance with the provisions of the French Data Protection Act of 6 January 1978 and is hosted by a French provider: 1&1 Internet SARL, 7, place de la Gare, BP 70109, 57200 Sarreguemines Cedex, France.
In accordance with the law on data freedoms of 6 January 1978, this data may be passed on to the benefit of a third party, including the fiscal, social and legal authorities, at their express request.
The personal data gathered and the cookies put on visitors’ hard discs to facilitate their connection to our website are never used in correlation with nominative data held by Faïencerie Georges, nor with that relating to methods of payment.
Nonetheless, the use by our website of Google Analytics, a subcontractor whose activity concerns publicity and marketing, presupposes that the data collected by this service provider located in the USA will be handled outside the European Union.
Google has a GDPR charter which can be consulted at the following address: https://privacy.google.com/intl/fr/businesses/compliance
11.3 Data storage period
- Client account data: 3 years from the date of the most recent order,
- Newsletter: Immediate erasure as soon as the client asks to unsubscribe.
In accordance with the law, every consumer has the right to block, challenge, access, rectify, and erase, and a right to transfer the data they have supplied. To do so, they must simply contact Faïencerie Georges by surface mail at the following address: Faïencerie Georges, 7 quai de Mantoue, 58000 Nevers, France, or by email at the following address: contact@faienceriegeorges.com
Article 12: Proof
It is expressly agreed between the parties that pursuant to the provisions of Articles 1316 et seq. of the French Civil Code, the information recorded by Faïencerie Georges computer systems shall serve as proof between the parties. Information such as the receipt or sending of the data exchanged between the parties, as shown on Faïencerie Georges computer systems shall take precedence unless the customer provides written proof to the contrary. The scope of the proof of the information provided by Faïencerie Georges computer systems shall be identical to the scope of proof on a paper medium.
Pursuant to the provisions of Article L. 213-1 of the French Consumer Code, Faïencerie Georges shall store orders amounting to a total of €120 or more for ten (10) years as from the date of delivery. The customer concerned may request access to the stored documents according to the procedure specified in Article 10 above.
Article 13: Intellectual Property
All texts, illustrations, photographs, graphics and brands contained on the website are protected by intellectual property laws worldwide.
Failing prior, written authorisation by Faïencerie Georges, all use of these items shall be deemed to be an infringement and shall be sanctioned by the French Intellectual Property Code.Faïencerie Georges reserves the right to prosecute any offender.
Article 14: Applicable law and competent jurisdiction
These terms and conditions of sale are governed by French law.
In the event of a dispute, the customer shall be informed of the possibility of resorting to an official mediation procedure or any other alternative method for settling disputes.
In application of articles L. 612-1 and following of the Consumer Code, the customer may, in the event of a dispute with Faïencerie Georges, have recourse to the mediation process for consumer disputes.
The consumer mediator will not be able to examine a dispute if:
-The customer does not prove that he/she has first tried to resolve the dispute directly with Faïencerie Georges by written complaint according to the terms specified in the contract, if applicable;
-The request is clearly ungrounded or abusive;
-The dispute has been previously examined or is being examined by another mediator or a court;
-The customer has filed the request to the mediator more than one year after sending the written complaint to Faïencerie Georges;
-The dispute does not fall within its jurisdiction.
Failing recourse to the official mediation procedure or any other alternative dispute resolution method within fifteen (15) days, each party may refer the dispute to the competent court.
Moreover, the European Commission also places an online dispute resolution site at the disposal of consumers, for resolving disputes such as those the consumer may have with Faïencerie Georges. It can be accessed directly by clicking on the link: http://ec.europa.eu/consumers/odr/
All disputes relating to the business relationship existing between Faïencerie Georges and its customers are subject to the exclusive jurisdiction of French courts.
Appendix - Reminder of the texts:
Article L. 217-4 of the French Consumer Code. The seller delivers goods that conform to the contract and shall be responsible for any of lack of conformity existing at delivery.It shall also be responsible for any lack of conformity resulting from the packaging, assembly or installation instructions when the contract specifies that he/she is responsible for said assembly or installation.
Article L. 217-5 of the French Consumer Code. To conform to the contract, the goods must:
1° Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or its representative, including advertising and labelling; 2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L. 217-12 of the French Consumer Code. The action resulting from the lack of conformity shall lapse after two (2) years as from the delivery of the goods.
Article L. 217-16 of the French Consumer Code. When the buyer asks the seller to carry out repairs covered by the contractual guarantee granted during the acquisition or repair of moveable goods, the period of any resultant shutdown of seven (7) days or longer shall be added to the unexpired term of the guarantee.This said period shall run from the time when the buyer requests assistance or the time when the goods in question are taken out of service pending repair, should this be subsequent to the request for assistance.
Article 1641 of the French Civil Code. The seller is bound to a warranty against latent defects in the thing sold that make it unfit for its intended use, or reduce this use to such an extent that the buyer would not have purchased it, or would have paid a lower price if he/she had been aware of these defects.
Article 1648; paragraph 1 of the French Civil Code. An action resulting from redhibitory defects must be brought by the buyer within two (2) years of the discovery of the defect.