General Terms and Conditions
GENERAL TERMS AND CONDITIONS
BETWEEN :
Cristallerie de Montbronn, a simplified joint stock company registered in the Sarreguemines Trade and Companies Register under number 309.856.748, with a capital of €350,000.00, whose head office is located at 13 rue des verriers in MONTBRONN (57415), represented by Mr. Frédéric MULLER, in his capacity as President, duly authorized for the purposes of the present document.
Cristallerie de Montbronn can be reached by e-mail by sending a contact form accessible via the homepage of the website.
Hereinafter referred to as the "Seller",
AND
Any physical or moral person, professional or consumer, buying products from the Seller.
Hereinafter referred to as the "Buyer",
Hereinafter jointly referred to as the "Parties"
PREAMBLE
The Seller operated the following website : https://www.cristallerie-montbronn.com/ (hereinafter the "Website" on which it offers, in particular, the sale of crystal interior decoration objects and products in the field of Tableware and Interior Decoration (hereinafter the "Product(s)".
The list and description of the goods and services offered by the Seller can be consulted on the Website.
ARTICLE 1 - PURPOSE AND GENERAL PROVISIONS
The present General Terms and Conditions (hereinafter "T&C") determine the rights and obligations of the Parties in the context of the online sale of Products offered by the Seller to the Buyer.
The T&C apply to all sales of Products, made via the Seller's Website, and are an integral part of the contract between the Buyer and the Seller.
The Seller reserves the right to modify the T&C at any time by publishing a new version on its Website. The applicable version is the one in force at the day of the validation of the order by the Buyer.
The T&C are available for consultation on the Seller's Website in a dedicated section.
The Parties agree that their relations will be governed exclusively by the T&C, to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution channels.
Any other document, and in particular catalogs, prospectuses, advertisements, notices, only have an informative, non-contractual value.
The Seller also ensure that the acceptance of these T&C is clear and without reserve by systematically submitting them to acceptance by the Buyer before any purchase of Product on the Website. The Buyer declares having read, prior to placing an order, all of the T&C, and, if applicable, the special conditions of sale related to a Product, and accepts them without restriction or reservation, by checking the box provided for this purpose.
The confirmation of an order implies the acceptance of the T&C, the recognition of having perfect knowledge of them, and, if necessary, the renunciation to prevail itself of its own conditions of purchase.
The Buyer acknowledges having received the necessary advice and information in order to ensure that the offer is suitable for their needs. The Buyer declares being able to contract legally under French law or validly represent the individual or legal entity for whom they are contracting. Unless proven otherwise, the information recorded by the Seller constitutes proof of all transactions.
The fact that the Seller does not take advantage at a given moment of any of the present conditions cannot be interpreted as a renunciation to take advantage later of any of the said conditions. The nullity of a contractual clause does not entail the nullity of the T&C.
ARTICLE 2 - PRODUCT CHARACTERISTICS - CUSTOMER INFORMATION
2.1 - In accordance with Articles L.111-1 et seq. of the French Consumer Code, the characteristics and prices of the Products sold are available on the Website along with a description of their main characteristics. The Buyer is required to read them before placing an order. The choice and purchase of a Product is the sole responsibility of the Buyer.
The photographs published on the Website are as accurate as possible, but do not engage the responsibility of the Seller. Indeed, despite the care taken in describing the Products on the Website, given the way the Products are presented in the photographs, it is possible that the Buyer's perception of the representation of the Products does not perfectly correspond to the Product itself and that minimal differences may be noticed.
2.2 - The Seller can be contacted at the following coordinates :
- By e-mail : public@cristallerie-montbronn.com ;
- Via the contact form found at the following address : https://www.cristallerie-montbronn.com/pages/contact
2.3 - Use of the Products - The Seller shall not be held responsible in any way for the use of the Products by the Buyer, who remains fully and solely responsible for their use.
ARTICLE 3 - PRODUCTS AVAILABILITY
3.1 - Products are in principle manufactured to order.
3.2 - Offers and availability - Orders for Products are always subject to availability in the Seller's srocks, even if they are still visible on the Website.
3.3 - Stock shortage - Given the limited nature of the stocks of Products offered on the Site, the Seller does not guarantee the availability of the Products ordered.
The Seller undertakes to honour the orders received on the Website only within the limits of available stocks.
In the event of a stock shortage of a "finished" Product, the Seller may produce the order within the time limits indicated on the product sheet.
In the absence of availability of the Product ordered, the Seller undertakes to contact the Buyer as soon as possible to inform them.
In this case, the Buyer will be reimbursed for the sums paid within a maximum of 30 days from the notification of the unavailability of the Product.
3.4 - The Seller delivers the Products ordered on its Website only in these geographical areas : Europe, Asia, Oceania, Africa, Middle East, North America, South America
ARTICLE 4 - ORDERING PROCESS
4.1 - Prerequisites - The Buyer declares and guarantees having the legal capacity to enter into a contract or commitment.
The Buyer can create a personal account on the Website, by filling in all the mandatory fields, in particular the e-mail address and by creating a password.
In this case, the Buyer becomes the holder of a personal account, accessible by a password, and all purchases made by him on the Website will be made through this account.
Only one customer account can be created per person. The Buyer assumes all responsibility for the use of his password, its conservation, and will take all measures to ensure its confidentiality.
In case of loss, theft or undue communication of the password to a third party, the Buyer must immediately inform the Seller, who will immediately prohibit access to the account by the password concerned and will assign a new password to the Buyer.
The Buyer may also order Products without creating an account, by providing personal information when placing an order.
4.2 - Registration of the order - Orders must be placed through the Website. It is up to the Buyer to select on the Website the Products they wish to order and then to validate their order after having checked the details.
The buyer is required to answer all the requested information.
In case of prolonged inactivity during the connection, it is possible that the selection of Products chosen by the Buyer before this inactivity is no longer available, in particular is no longer in stock.
The Buyer undertakes to check the elements of the order and if necessary, to identify and correct the errors.
4.3 - Order confirmation - Once the elements of the order have been verified, the Buyer must validate the order, the total price as well as the all-inclusive price.
The Buyer is then directed to a secure payment interface.
The order confirmation is sent without delay after validation of the order, by e-mail to the e-mail address communicated by the Buyer.
The sale will be considered final only after the confirmation of the acceptance of the order by the Seller is sent to the Buyer by e-mail and after the Seller has received the full amount.
4.4 - Order processing - Orders are processed only after reception and collection of the payment corresponding to the purchase's amount.
4.5 - Shipping - The Buyer receives electronic confirmation of the shipment of the order. Delivery will take place at the delivery address indicated by the Buyer at the time of the order. During the realization of the different steps mentioned above, the Buyer commits himself to respect the present contractual conditions by application of articles 1103 and 1104 of the Civil Code.
4.6 - Order modification - The information provided by the Buyer at the time of the Order is binding. No modification of the order shall be possible once it has been validated by the Seller, without prejudice to the implementation of the right of withdrawal provided for in Article 8.
The Seller shall not be held responsible for the consequences of one or more errors in the e-mail address or delivery address. No change in the delivery address of the Product(s) after payment of the order shall be taken into account.
4.7 - Order refusal - The Seller reserves the right to refuse any order from a Buyer for legitimate reasons and in particular if abnormal, placed in bad faith, or for any other legitimate reason, in particular in the event of an existing dispute with the Buyer concerning the payment of a previous order.
ARTICLE 5 - PROOF OF TRANSACTION - ARCHIVING
Any order placed on the Site constitutes a contract concluded remotely between the Buyer and the Seller.
The "validate and pay" icon associated with the procedures of identification by password, automatic recording and protection of the entirety of the messages in the computer systems constitute proof of the nature, content and date of the order as well as the consent of the Buyer.
The archiving of order forms and invoices is made on a reliable and durable medium kept under reasonable conditions of security in the computer systems of the Seller.
The Buyer may, upon request, obtain by electronic means communication of the archived order or invoice when the amount of the transaction was greater than 120 euros.
ARTICLE 6 - PRICES
6.1 - Product price - The Products are supplied at the prices in force appearing on the Website, at the time the Buyer places the order. Prices are expressed in Euros, exclusive of tax and VAT. The prices can be modified at any time on the Website, the Products being however invoiced at the price in force at the time of the placing of the order. Delivery costs are not included depending on the location and are charged to the Buyer. They are communicated during the purchase process.
The summary of the order communicated before validation ("basket"), indicates in addition to the price of the Products, the additional expenses (preparation and delivery).
In case of delivery in a country other than metropolitan France, the Buyer is the importer of the products concerned.
If customs duties or other local taxes or import duties or state taxes are likely to be payable, they will be the responsibility of the Buyer. It is also the sole responsibility of the Buyer to make inquiries with local authorities and to assume the burden of making the corresponding declarations to the competent authorities and organizations of the country concerned. The Seller shall not be held responsible for any failure to comply with the legislation of the country to which the Products will be sent by the Buyer.
6.2 - Terms of Payment - Orders are payable when the order is placed and are processed only after receipt and collection of the payment corresponding to the amount of the order.
The payment of the Price by the Buyer is made by the online payment service Stripe by credit card, via the payment interface PayPal, Amazon Pay or Apple Pay. It is also possible to make a bank transfer.
Any incident relating to a possible malfunction of the payment platform must be brought to the attention of the platform concerned and will engage only its responsibility.
In the event that it is impossible to debit the price, the online sale will be immediately terminated and the order will be cancelled.
The Seller's customer service may ask the Buyer, in order to secure the order, for additional information (copy of identity card, extract from the trade register, proof of address, etc.) in order to validate the purchase and proceed with the shipment of the ordered Products.
Payments made by the Buyer shall be considered final only after the Seller has received the amounts due. The Seller shall not be bound to deliver the Products ordered by the Buyer if the latter does not pay the price in full under the conditions and above indicated.
6.3 - Retention of title - Any Product, even if delivered, remains the property of the Seller until full and final payment of the sums due by the Buyer.
ARTICLE 7 - DELIVERY
7.1 - Delivery address - The Buyer chooses a delivery address under penalty of refusal of the order. The Buyer is solely responsible for any failure to deliver due to a lack of indication or an error in the address when ordering.
The Buyer is required to indicate the exact delivery address of the order, by filling in the fields necessary for the proper conduct of the delivery (examples: indication of the door code, the floor, the place etc. ...).
In case of error or omission committed by the Buyer, in particular or in case of incomplete address or unavailability on the day of delivery, the Seller will be entitled to charge them additional costs, the amount of which will be at least equal to the storage and transport costs generated by this error or omission.
7.2 - Shipping costs - The shipping costs are indicated in the order confirmation according to the delivery zone.
7.3 - Delivery times - The indicative delivery times are available on the Website in the description of each product page.
They may vary depending on the availability of the Products ordered.
Delivery times are in working days and correspond to the average time required to prepare and deliver the order to the address indicated at the time of the order. They do not take into account the hazards inherent of the companies responsible for the delivery of the order, nor cases of force majeure.
Delivery times begin on the date the order is confirmed by the Seller.
7.4 - Late delivery - In the event of late delivery, the order is not cancelled. The Seller will inform the Buyer by e-mail that the delivery will be delayed. The Buyer, who is a consumer, may nevertheless give notice to the Seller to proceed with the delivery within a reasonable additional time, by registered letter with acknowledgement of receipt or by sending an e-mail to the following address : public@cristallerie-montbronn.com
If the delivery has still not taken place after this new deadline, the Buyer who is a consumer can denounce the sale by registered letter with acknowledgement of receipt. The Seller shall then reimburse the Buyer in full within a maximum of 14 days from the receipt of the letter of termination, to the exclusion of any penalty or compensation from the Seller. The contract shall be deemed terminated upon receipt by the Seller of the letter informing it of the termination, unless the Seller has been executed in the meantime.
7.5 - Verification of delivery - The Buyer is required to check the condition of the packaging and the Products upon delivery. It is the responsibility of the Buyer to make any reservations and claims he/she deems necessary, or even to refuse the package if the package is obviously damaged upon delivery.
The said reservations and claims must be addressed without delay to the Seller in order to allow him to oppose them to the carrier by registered letter with acknowledgement of receipt within three (3) working days, not including public holidays, following the date of delivery of the Products.
The Buyer is also required to verify that the Products delivered to him/her correspond to his/her order. In case of non-conformity of the Products in kind, quality or quantity, the Buyer must inform the Seller within fourteen (14) working days through the contact form available on the Website or at the following e-mail address: public@cristallerie-montbronn.com
The Buyer shall transmit to the Seller any element in his possession allowing to justify the possible defects (photo, video, certificates etc.).
After this period and if these formalities are not respected, the Products shall be deemed to be in conformity and free of any apparent defect and no claim shall be validly accepted by the Seller.
In the event of proven non-conformity of the Products, attributable to the Seller, the non-conforming Products shall be returned to the Seller, at its expense, and the Seller shall refund or replace the Products, with the agreement of the Buyer, without prejudice to the provisions relating to the guarantee of conformity enjoyed by consumers.
7.6 - Impossibility to deliver - In case of return to the Seller's premises following an impossibility to deliver the Products, for any reason whatsoever, in particular in case of an error in the recipient's address, the Buyer shall be notified by e-mail.
If no news is received from the Buyer within forty-eight (48) hours from the reception of the e-mail, the Seller reserves the right to cancel the order. The shipping costs will not be refunded.
ARTICLE 8 - RIGHT OF WITHDRAWAL - LEGAL GUARANTEE OF CONFORMITY
The Buyer who is a natural person acting for purposes that are not part of his commercial, industrial, artisanal, liberal or agricultural activity, or the Buyer who is a legal entity not acting for professional purposes and whose number of employees in the company is less than or equal to five, is considered to be a consumer within the meaning of French law, and benefits from the present provisions
8.1 - Right of withdrawal
The Buyer has a right of withdrawal that he can exercise within fourteen (14) calendar days from the date of receipt of the Product.
In the event that the order concerns several Products delivered separately, the period runs from the date of receipt of the last Product.
In the event that the deadline expires on a Saturday, Sunday or holiday, it is extended to the next business day.
Procedure: The Buyer who wishes to exercise his right of withdrawal must notify his decision to withdraw by means of an unambiguous statement to the Seller:
- either by e-mail to the following address: public@cristallerie-montbronn.com
- or by registered letter with acknowledgement of receipt, at the following address CRISTALLERIE DE MONTBRONN SAS, 13 rue des Verriers, 57415 MONTBRONN.
The Buyer may also fill in and send the model retraction form attached hereto.
The Seller shall send them without delay an acknowledgement of receipt of the withdrawal on a durable medium (e.g. by e-mail).
In order for the withdrawal period to be respected, it is sufficient for the Buyer to transmit his communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.
The Products must be returned without undue delay and, in any event, no later than fourteen days after the decision to withdraw. This period is deemed to have been respected if the Buyer returns the Product before the expiry of the fourteen-day period.
Effects: In accordance with the provisions of Article L. 221-23 of the Consumer Code, the Buyer shall only bear the direct costs of returning the goods.
In case of withdrawal, the Seller shall reimburse the Buyer for all sums paid for the cancelled order, including delivery costs, without undue delay and at the latest upon receipt of such Products or until the Buyer has provided proof of shipment of such Products, whichever is earlier.
Any refund will be made through the same payment method used by Buyer for the order, unless Buyer expressly requests otherwise and Seller agrees.
The Buyer may be held liable in the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these Products.
It is recalled that the right of withdrawal can not be exercised for contracts for the supply of products made to the specifications of the Buyer or clearly personalized.
8.2 - Legal guarantee of conformity
The Buyer has a period of two years from the delivery of the Product to obtain the implementation of the legal guarantee of conformity in case of appearance of a defect of conformity.
During this period, the Buyer is only required to establish the existence of the lack of conformity and not the date of its appearance.
When the Contract of sale of the Product envisages the supply of a digital content or a digital service in a continuous way during a duration higher than two years, the legal guarantee is applicable to this digital content or this digital service throughout the period of envisaged supply. During this period, the Buyer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance.
The legal guarantee of conformity implies an obligation for the professional, if necessary, to provide all the updates necessary to maintain the conformity of the Product.
The legal guarantee of conformity gives the Buyer the right to repair or replace the Product within thirty days of his request, at no cost and without major inconvenience to him.
If the Product is repaired under the legal warranty of conformity, the Consumer benefits from a six-month extension of the initial warranty.
If the Buyer requests repair of the Product, but the Seller requires replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the Product.
The Buyer may obtain a reduction in the purchase price by keeping the Product or terminate the contract by obtaining a full refund in exchange for the return of the Product, if:
1° The professional refuses to repair or replace the Product;
2° The repair or replacement of the Product takes place after a period of thirty days;
3° The repair or the replacement of the Product causes a major inconvenience for the Buyer, in particular when the Buyer definitively supports the expenses of resumption or removal of the nonconforming Product, or if it supports the expenses of installation of the repaired or replacement Product;
4° The nonconformity of the Product persists in spite of the attempt of the Seller to bring it into conformity remained unsuccessful.
The Buyer also has the right to a reduction in the price of the Product or to the resolution of the contract when the lack of conformity is so serious that it justifies that the reduction of the price or the resolution of the contract is immediate. The Buyer is then not obliged to ask for the repair or replacement of the Product beforehand.
The Buyer is not entitled to rescind the sale if the lack of conformity is minor.
Any period during which the Product is immobilized for repair or replacement shall suspend the warranty that was in force until the delivery of the repaired Product.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.
The seller who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
The Buyer also benefits from the legal guarantee of hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the Product is kept or to a full refund against return of the Product.
ARTICLE 9 - RESPONSABILITIES
The Seller is in no way responsible for a wrong choice of Products or for a use that does not comply with the use and maintenance instructions.
The Seller shall not be held liable for the non-performance of the contract concluded or its poor performance when it is attributable either to the Buyer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.
Within the limits permitted by law, the liability of the Seller shall not exceed the price paid by the Buyer for the disputed product order.
ARTICLE 10 - PROTECTION OF PERSONAL DATA
The Seller is responsible for the processing of the personal data communicated by the Buyer.
The Buyer accepts that the personal data he/she communicates to the Seller (name, first name, e-mail address, postal address and telephone number) will be processed as necessary to process the order.
The Seller collects and processes personal data with the utmost confidentiality in accordance with its personal data processing policy.
The Seller does not transmit these personal data to any third party, except with the express consent of the Buyer, with the exception of the necessary transmission of these personal data to its commercial partners for the sole purpose of processing the order and delivering the Products ordered by the Buyer.
The personal data collected by the Seller are neither sold, nor communicated to third parties outside the conditions provided for in this article.
The personal data of the Buyer are used for commercial prospecting purposes only with his explicit consent and in the cases authorized by the law.
In accordance with the French Data Protection Act and Regulation (EU) 2016/679 "RGPD", the Buyer has at any time the right to access, portability, query, modify, rectify and delete personal data concerning him. He may also, for legitimate reasons, oppose the processing of data concerning him.
The Buyer may, subject to the production of a valid proof of identity, exercise his rights by contacting the Seller.
If the Buyer wishes to stop receiving commercial prospecting by e-mail from the Seller, they may notify the Seller by one of the following means
Clicking on the unsubscribe link at the bottom of the e-mail page;
By sending a request to unsubscribe using the contact form available on the Website.
The Seller keeps this information for six (6) months from the final delivery of the Products. After this period and if the Buyer does not place a new order, the personal data collected will be deleted.
The personal data whose conservation is compulsory (accounting documents, delivery notes etc...) will be preserved in the form of archives for all the compulsory duration in application of the applicable regime.
The whole of the rights relating to the personal data is exerted near the Salesman:
- By post: CRISTALLERIE DE MONTBRONN SAS, 13 rue des Verriers, 57415 MONTBRONN
- By e-mail : public@cristallerie-montbronn.com
If the Buyer considers, after having contacted the Seller, that his rights to data processing and liberties are not respected, he may address a complaint to the CNIL.
Any consumer has the possibility of registering free of charge on a list of opposition to telephone canvassing "BLOCTEL": www.bloctel.gouv.fr.
ARTICLE 11 - FORCE MAJEURE
The Seller's performance of its obligations under this Agreement shall be suspended in the event of the occurrence of a fortuitous act or force majeure that impedes or delays performance.
The Seller shall notify the Buyer of the occurrence of such a fortuitous act or force majeure within eight (8) business days of the date of occurrence of the event.
If the suspension of the Seller's performance continues for a period in excess of fifteen (15) business days, the Buyer may terminate the current order and the Seller shall refund the order as soon as practicable and no later than ten (10) days from the date of notification of termination, to the exclusion of any other compensation.
ARTICLE 12 - NOTIFICATIONS
All notifications to be made within the framework of the present contract shall be considered as having been made if they are made to the following addresses :
- To the Seller : by registered letter with acknowledgement of receipt : Cristallerie de Montbronn SAS, 13 rue des Verriers, 57415 MONTBRONN
- To the Buyer : at the e-mail address indicated when creating their account on the Website.
ARTICLE 13 - APPLICABLE LAW AND JURISDICTION
The T&C and the relationship between the Buyer and the Seller are subject to French law.
The applicable language is the French language.
The Buyer and the Seller will make every effort to resolve amicably any disputes that may arise from the application of the T&C by contacting the Seller, who is authorized to take all measures useful for the resolution of disputes:
- By post: Cristallerie de Montbronn SAS, 13 rue des Verriers, 57415 MONTBRONN
- By e-mail: public@cristallerie-montbronn.com
The Buyer who is a consumer is informed that he/she may in any case have recourse to conventional mediation or to any other alternative method of dispute resolution. The mediation service retained by the Seller is the CMAP.
In the case of a cross-border dispute, the Buyer is also informed that the European Commission allows consumers to resolve disputes online on one of its platforms, in accordance with art. 14 paragraph 1 of the RLL.
The platform acts as a site where consumers can try to settle out of court disputes arising from the purchase of goods or services online.
In case of persistent disagreement, exclusive jurisdiction is attributed to the courts of Metz, unless mandatory legal provisions or public order provisions to the contrary apply.
In the case of orders for consumers, any dispute arising in connection with the execution or interpretation of the present contract shall be brought before the competent courts under the law.
WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract)
To the attention of [Seller's name, geographic address and, where available, email address] :
I/We (*) hereby notify you/us (*) of my/our (*) withdrawal from the contract for the order (*) below:
Ordered on :
Name of Consumer(s) :
Address of Consumer(s) :
Signature of Consumer(s) (only if notifying this form on paper): Date:
(*) Cross out the unnecessary mention.
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