ARTICLE 1 - Scope
These General Conditions of Sale ( "GCS") apply, without restriction or reservation, to all sales made by EDITABLE SAS ( "the Seller") to non-professional purchasers ( "Customers or Customer" , Wishing to acquire the products of the shop "AU BAIN MARIE" and offered for sale by the Seller ( "Our Products") on the website aubainmarie.fr. They specify in particular the conditions of order, payment, delivery and management of any returns of the Products ordered by the Customers.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website aubainmarie.fr.
The Customer is obliged to take note of this before any order is placed.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the website aubainmarie.fr are not contractual and can’t engage the responsibility of the Seller.
Antique objects are second-hand items that may have traces of wear and tear. They are sold as is. Unique pieces, they can’t be replenished.
The offers of Products are within the limit of available stocks; Except in exceptional cases, the Products are available in stock.
The contact details of the Seller are as follows: EDITABLE SAS, Boutique AU BAIN MARIE, 59 bld Raspail - 75 006 PARIS
These Terms and Conditions apply to the exclusion of any other terms and conditions, including those applicable to in-store sales or other distribution and marketing channels.
These GCS are accessible at all times on the aubainmarie.fr website and will prevail, as the case may be, on any other version or any other contradictory document.
The Customer declares that he has taken cognizance of these Terms and accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure as well as the general conditions of use of the website aubainmarie.fr.
It is the Customer's responsibility to verify the accuracy of the order and to report any errors immediately.
Any order placed on the website aubainmarie.fr constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the evolution of his order on the website aubainmarie.fr.
Any changes to the order by the Customer may be taken into account by the Seller only within the limits of his possibilities and provided they are notified by e-mail to the Seller at least 3 working days before the date scheduled for shipment of the order.
In the event that these modifications can’t be accepted by the Seller, the sums paid by the Customer will be returned to him within a maximum of 8 working days from the notification of the impossibility of accepting the modifications requested by the Customer (Unless the latter prefers to benefit from a credit).
In case of cancellation of the order by the Customer after its acceptance by the Seller less than 10 days before the date scheduled for the supply of the Products ordered, for any reason except the exercise of the right of retractation or exeptional cases, an amount corresponding to 50% of the total amount of the purchase will be acquired from the Seller and invoiced to the Customer, as damages, as compensation for the damage thus suffered.
PRODUCTS ORDERED ACCORDING TO CUSTOMER'S SPECIFICATIONS OR BEEN PERSONALIZED MAY NOT BE SUBJECT TO ANY EXCHANGE OR REPAYMENT.
ARTICLE 3 - Rates
The Products are provided at the rates in force on the website aubainmarie.fr, at the time of registration of the order by the Seller. Prices are in Euros, including tax and VAT.
The prices take into account possible reductions that would be granted by the Seller on the website aubainmarie.fr
These prices are firm and not revisable during their period of validity, as indicated on the website aubainmarie.fr, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the aubainmarie.fr website and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller and delivered to the Customer upon delivery of the Products ordered.
ARTICLE 4 - Payment terms
The price is payable in cash, in full, on the day of the placing of the order by the Client, by way of secure payment, according to the following modalities:
For a payment from France: by bank transfer (RIB on request), by credit card: Visa, MasterCard, PayPal, bank check, order and addressed to BAIN MARIE, 59 boulevard Raspail, 75006.
For a payment from abroad: by bank transfer (RIB on request), by credit card: Visa, MasterCard, PayPal.
In case of payment by bank check, it must be issued by a bank housed in metropolitan France or in Monaco.
The payment of the check is made upon receipt.
The payment data is exchanged in encrypted mode thanks to the TLS protocol via the secure interface of Paypal.
In case of payment by credit card, the debit of the card is made on the date of confirmation of the acceptance of the order by the Seller.
The Seller will not be obliged to proceed with the delivery of the Products ordered by the Customer if the latter does not pay the price to him in full in the conditions indicated above.
Payments made by the Customer will be considered as final only after actual collection of the sums owed by the Seller.
In addition, the Seller reserves the right, in the event of non-compliance with the conditions of payment mentioned above, to suspend or cancel the delivery of orders in progress made by the Customer.
No additional costs, greater than the costs borne by the Seller for the use of a means of payment, may be charged to the Customer.
ARTICLE 5 - Deliveries
5.1 - Time limits
Products ordered by the Customer will be delivered:
- in metropolitan France (except DOM / TOM), Corsica and Monaco within 2 to 5 working days in express delivery and 7 working days by Colissimo (French Postal service).
- within the EEC countries: within 2 to 5 working days in express delivery and 10 working days by Colissimo (French Postal service).
- in the rest of the world: within 10 working days in express delivery,
From the beginning of the order of the warehouse to the address indicated by the Customer when ordering on the website aubainmarie.fr
Delivery is the transfer to the Customer of physical possession or control of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make his best efforts to deliver the products ordered by the Customer within the time limits specified above. However, these delays are communicated by way of indication and if the Products ordered have not been delivered within 21 days after the indicative date of delivery, for any cause other than force majeure or the fact of the Customer, the sale may Be resolved at the Customer's written request in accordance with Articles L216-2, L216-3, L241-4 of the Consumer Code. The sums paid by the Client will then be returned to him no later than fourteen days after the date of termination of the contract, excluding any compensation or withholding.
In case of force majeure or the act of the Customer, meaning war, riot, fire, strike, economic embargo or any accidental event.
5.2 - Carrier Selection
Deliveries are carried out by an independent carrier at the address mentioned by the Customer at the time of the order and to which the carrier can easily access.
When the Customer himself has entrusted himself with the use of a carrier he chooses himself, the delivery shall be deemed to have been effected upon delivery of the Products ordered by the Seller to the carrier once he has delivered the Products sold To the carrier who accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no remedies against the Seller in the event of failure to deliver the goods carried.
5.3 - Cost of delivery.
In the event of a specific request from the Customer regarding the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be the subject of a specific additional invoice, on estimate previously accepted in writing by the customer.
The cost of delivery, according to the mode of delivery selected, will be invoiced in addition and at cost price to the Customer. For Products whose size or weight is outside the carriers' standard, the transport costs are calculated according to the weight, the country of destination and the mode of transport chosen by the Customer.
Any order delivered outside France may be subject to specific taxes and / or customs duties in force in the country of delivery. The Seller draws the attention of the Customer to the obligation to obtain information on the customs duties and / or taxes in force at the expense of the customer, which will remain at his exclusive financial charge. All administrative procedures to allow the entry of the Products in the country of delivery will be the responsibility of the Customer and carried out under his sole responsibility. , in case of difficulties,The Customer acknowledges being warned and waives all recourse against the Seller.
5.4 - Reservations and / or claims.
The Customer is responsible for checking the status of the products delivered. ustomer has a period of 48 hours from the delivery to formulate in writing, by e-mail to the following address email@example.com any reservations or complaints for non-conformity or apparent defect of the Products delivered (for example parcel Damaged already opened ...), with all relevant supporting documents (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to be compliant and free from any apparent defects and no claim can be validly accepted by the Seller.
5.5 - Reimbursement / replacement.
The Seller shall reimburse or replace at its own expense, as soon as possible, the Products delivered having defects of which have been duly proved by the Customer, in conformity with Articles L 217-4 and following the Code of consumption and those provided for in the General Terms and Conditions (see, in particular, guarantees).
ARTICLE 6 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Products of the Seller will be realized upon acceptance of the order by the Seller, materializing the agreement of the parties on the thing and on the price and this whatever the date of the payment and the delivery.
Whatever the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration thereof, will be realized only when the Customer takes physical possession of the Products. The Products therefore travel at Seller's risk.
ARTICLE 7 - Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller without having to justify reasons or to pay a penalty, Exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 20 days of notification to the Seller of the Customer's decision to retract.
Returns are to be made in their original state and complete (packaging, accessories, notice ...) allowing their re-marketing in the new state, accompanied by the purchase invoice.
Products damaged, dirty or incomplete are not taken back.
The right of withdrawal can be exercised online, using the form of retraction available on the website aubainmarie.fr, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Client by the Seller, or any other Declaration, unambiguous, expressing the will to retract.
In case of exercise of the right of withdrawal within the aforementioned period, only the price of the Product (s) purchased and the delivery costs are reimbursed; The costs of return remaining at the Customer's expense.
The exchange (subject to availability) or the refund will be made within a maximum of 14 days from receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
THE RIGHT OF RETRACTION CAN NOT BE EXERCISED FOR PRODUCTS ORDERED ACCORDING TO THE CONSUMER'S SPECIFICATIONS OR HAVING BEING PERSONALIZED.
ARTICLE 8 - Liability of Seller - Warranty
The products sold on the website aubainmarie.fr comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Seller shall be entitled, without any additional payment, without the right of withdrawal, in accordance with the legal provisions.
- the legal guarantee of conformity, for the Products apparently defective, damaged or broken or not corresponding to the order.
- the legal warranty against latent defects arising from a defect in material, design or workmanship affecting the products delivered and rendering them unfit for use,
In accordance with the terms and conditions set out in the appendix to these General Terms and Conditions (Compliance Guarantee / Hidden Defects Guarantee).
In order to assert its rights, the Customer must inform the Seller in writing of the non-conformity of the Products within a maximum period of 2 months from the delivery of the Products or the existence of hidden defects within a maximum period of 2 months from their discovery.
The Seller shall refund, replace or cause to be repaired the Products or parts under warranty found to be invalid or defective.
The shipping costs will be refunded on the basis of the invoiced price and the return costs will be refunded on presentation of the justifications.
Refunds of Products deemed to be non-conforming or defective will be made as soon as possible and at the latest within 30 days of the Seller's finding of the lack of conformity or of the hidden defect.
The refund will be made by credit to the Customer's bank account or by bank check addressed to the Customer.
The Seller shall not be liable in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, it is up to the Customer to check.
- in case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, such as normal wear and tear of the Product, accident or force majeure.
The Seller's guarantee is, in any case, limited to the replacement or the reimbursement of the Products that are not in conformity or affected by a defect.
ARTICLE 9 - Computer and Freedoms
According to Law 78-17 of 6 January 1978, it is recalled that the personal data requested by the Client are necessary for the processing of his order and for the preparation of invoices, in particular.
This data may be communicated to the Vendor's partners who are responsible for the execution, processing, management and payment of orders.
The processing of the information communicated via the website aubainmarie.fr has been subject to a declaration to the CNIL.
In accordance with the national and European regulations in force, the Client has a permanent right of access, modification, rectification and opposition concerning the information concerning him.
This right may be exercised under the conditions and according to the modalities defined on the aubainmarie.fr website.
ARTICLE 10 - Intellectual Property
The content of the aubainmarie.fr website is the property of the Vendor and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
In addition, the Seller retains ownership of all intellectual property rights in the photographs, presentations, studies, designs, models, prototypes, etc. carried out (even at the Customer's request) for the provision of Services to the Customer. The Client therefore refrains from any reproduction or exploitation of said studies, designs, models and prototypes, etc., without the express, prior written authorization of the Seller which can condition it to a financial counterparty.
ARTICLE 11 - Governing Law - Language
These General Conditions of Sale and the transactions arising therefrom are governed by and subject to French law.
These General Conditions of Sale are written in French. Should they be translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 12 - Disputes
ALL DISPUTES TO WHICH THE OPERATIONS OF PURCHASE AND SALE ENTERED UNDER THE TERMS OF SALE MAY GIVE RISE, AS CONCERNING THEIR VALIDITY, THEIR INTERPRETATION, IMPLEMENTATION THEREOF, THEIR TERMINATION, THEIR CONSEQUENCES AND SUITES AND WHICH COULDN’T BE SETTLED BETWEEN THE SELLER AND THE CLIENT WILL BE SUBJECT TO JURISDICTION IN TERMS OF COMMON LAW.
The Customer is informed that he can in any case use a conventional mediation, in particular with the Commission of mediation consumption (C. consum. Art. L 612-1) or from existing sectoral mediation bodies and whose references are listed on the website aubainmarie.fr or any alternative dispute resolution (conciliation, for example) in case of dispute.
ARTICLE 13 - Pre-contractual information - Customer's acceptance
The fact for a natural person (or moral), to order on the website aubainmarie.fr implies adhesion and full acceptance of the present GTC and obligation to the payment of the Products ordered, which is expressly recognized by the Client, which renounces, In particular, to avail himself of any contradictory document, which would be unenforceable to the Seller.
SCHEDULE I - PROVISIONS RELATING TO LEGAL WARRANTIES
Article L217-4 of the Consumer Code
The seller is obliged to deliver goods conforming to the contract and is liable for defects of conformity existing at the time of issue. It also answers to the defects of conformity resulting from the packaging, the assembly instructions or the installation when this was charged to it by the contract or was carried out under its responsibility.
Article L217-5 of the Consumer Code
- Be fit for the usual expected use of a similar good and, if applicable: match the description given by the seller and possess the qualities which the latter has presented to the Customer in the form of a sample or model The qualities which a buyer can legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labeling
- Or present the characteristics defined by mutual agreement by the parties or be specific to any special use sought by the Customer, brought to the knowledge of the seller and which the latter has accepted.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the property.
Article L217-16 of the Consumer Code
When the Customer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of a movable property, to rehabilitate the property covered by the guarantee, At least seven days in addition to the remaining warranty period. This period runs from the Customer's request to intervene or the making available for repair of the property in question, if this provision is made after the request for intervention.
Article 1641 of the Civil Code
The seller is liable for the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminishes that use, that the Customer has not acquired it, or Would have given a lesser price if he had known them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from the redhibitory defects must be instituted by the purchaser within two years from the discovery of the defect.
SCHEDULE II - RETRACTION FORM
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on firstname.lastname@example.org except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
To the attention of :
Shop AU BAIN MARIE
59 bld RASPAIL
75 006 PARIS
- Order of the "Date"
- Order number: ............................................ ...............
- Client name : ............................................. ..............................
- Address of Customer: ............................................. ..........................
Signature of the Customer (only in case of notification of this form on paper):