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PREAMBLE
FAYENCE TISSU is a commercial corporation
with its headquarters at :
Place Léon Roux - 83440 Fayence - France
Fayence Tissu runs the Internet Site
www.fayence-tissu.com, which markets on-line a large range of
Provençal products under different trademarks, accessible
to all Internet users.
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ARTICLE 1er
- PURPOSE
The present General Sales Terms (hereinafter
'' G.S.T '') define the terms and conditions under which any individual
or incorporated persons (hereinafter '' The Customer'') can order
the products offered for sale by fayence-tissu.com.
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ARTICLE 2 - ACCEPTANCE OF THE GENERAL SALES TERMS
After selecting the product, in able
to order, the customer must declare, by ticking the icon to this
effect, knowledge and acceptance to the G.S.T. In the case of
discrepancy between the present G.S.T and any other document put
forward by the site (brochure, catalogue, commercial proposition….)
the present terms will prevail.
The present General Sales Terms are
applicable to all legal processes concerning the products whatever
may be the final destination of the products, and this is subject
to the application of the specific terms found on the Web site.
No specific terms of purchase put forward
by the Customer can, except with prior formal and written acceptance
by Fayence Tissu, prevail over the G.S.T. Any restrictive
term imposed by the Customer can therefore not be, for lack of
express acceptance, invoked against Fayence Tissu whatever
may have been the moment it was brought to the attention of Fayence Tissu
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ARTICLE 3
- ORDERS
In order to place a purchase order the
''Customer'' must provide identification.
3.1. Identification
The Customer must fill out, following
instructions provided on-line, a form where he/she precisely indicates
: name, first name(or business name), mail address, telephone
number, e-mail address as well as delivery address if different
from billing address.
The Customer, especially if it is a
business, is solely responsible for the people to whom it confers
the confidential codes and the utilization of these codes by these
people. Consequentially, the 'Customer' promises not to contest
any purchase of products made on the Web Site with the confidential
codes.
As soon as the 'Customer' as knowledge
that a third party has held, without his/her knowledge, his/her
e-mail address and password, he/she undertakes to inform without
delay Fayence Tissu. The latter will propose, based on the
situation of the registered order, a solution suitable to both
parties.
The Customer is thus informed and accepts
that inputting the confidential codes is proof of identity and
commitment.
Fayence Tissu informs the Customer that
any information given by the latter on the order form is subject
to automatic treatment of registered data in order to constitute
a customer file and/or itemized billing.
In accordance with the provisions of
Article 34 of the Law "Informatique et Liberté' of
January 6, 1978, the 'Customer has the right to access and verify
the aforementioned files kept by Fayence Tissu.
3.2. Entering the order
After product selection, and verification
of the basket, the 'Customer' conclusively validates the order
by entering credit card number and expiration date and clicking
on the icon 'enter'.
At this moment the order is registered.
An order number is presented on the screen, then confirmed by
electronic mail to the Customer.
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ARTICLE 4
- CONCLUSION OF THE SALES CONTRACT
All the commercial information appearing
on the site www.fayence-tissu.com does not legally constitute
an offer to contract. The sales contract between the Customer
and Fayence Tissu will be concluded only after the Customer
has placed an order in accordance with the G.S.T and Fayence Tissu
has accepted the order.
Registration of the order, sent by electronic
mail, will indicated the total price of the order in Euros, the
order reference number as well as the list of products purchased.
Fayence Tissu's acceptance or refusal
of the order depends on validation by its bank and a partner organization
of the Customer's mode of payment.
This acceptance or refusal will be communicated
to the Customer by electronic mail within a maximum of 24 hours
following reception of the purchase order.
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ARTICLE 5
- PRICE AND MODES OF PAYMENT
5.1. Price
The prices of products appearing on
the list of Products accessible on the Web Site are prices net
of taxes and costs ( shipping costs, custom duties, insurance,
etc…)
The total price of the Products selected
by the Customer is indicated on the screen summarizing the order
and includes the following information :
1. The price net of tax
2. The amount of value added tax (If applicable)
3. The shipping and packaging costs
The prices are made out and payable
in Euros. To know the price of a product on the Web site in another
currency, the 'Customer' has, on each item indicator, an icon
giving access to the currencies of the different countries to
which www.fayence-tissu.com ships.
Any mention of prices in currencies
other than the Euro is given exclusively for reference. It is
the responsibility of the Customer to inform him/herself, if the
case arises, of the current exchange rate between the Euro and
the currency of his/her country.
5.2. Mode of payment
Preparation of the Order and subsequent
shipment of the Products to the Customer can only take place after
validation of the Customer's mode of payment and subsequent debit
of the invoice's total from the Customer's bank account. Thus,
the Customer always prepays for the Products.
Payment for the Products by the Customer
is carried out exclusively by credit card and in Euros. The credit
cards accepted by the corporation are VISA, MASTERCARD/ EUROCARD,
AMERICAN EXPRESS
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ARTICLE 6
- SHIPMENT AND DELIVERY
6.1. Shipping coasts
Shipping costs are not included in the
Price of the Products. These costs vary according to weight and
the place of delivery , and are payable by the customer.
6.2. Delivery time
The Products are delivered to the address
indicated by the Customer on the order form within a time period
indicated on the site fayence-tissu.com and determined by destination's
geographical zone. The delivery time indicated on the Web Site
is for reference only and in no case guaranteed by Fayence Tissu.
Fayence Tissu cannot be held responsible
for a non-respect of the delivery time period caused by a strike
by the shippers, or an incident of any nature resulting from current
national or international events.
6.3. Customs duties and other local
taxes
Custom duties and other local taxes
of the country of destination are not included in the final invoice.
In the case of an order destined for a country other than France,
the Customer is the importer of the product(s).
For all products sent outside of the
European Union, the price will be automatically calculated net
of taxes on the bill. Customs duties or other local taxes or import
duties or state taxes may be payable. These duties and sums are
the entire responsibility of the Client, as much in terms of declarations
as payments to the concerned authorities and organizations in
the Customer's country.
6.4. Burden of Risk
Responsibility for the risks pertaining
to loss and damage of the Products is borne by Fayence Tissu
during shipment of the Products and up to delivery of the products
to the Customer.
In the case of damage or missing items,
the Customer should write his observations on the delivery receipt
and confirm these observations by registered letter and electronic
mail to Fayence Tissu within 24 hours of delivery. Only under
these conditions will Fayence Tissu proceed with the reimbursement
or replacement of the lost or damage merchandise.
In the following case Fayence Tissu's
responsibility cannot be called into question and no complaints
will be accepted : Absence :
- After a delivery notice has been left by the shipper, the Customer
or consignee does not present him/herself to receive the parcel(s).
- After a delivery notice has been left by the shipper, the Customer
or consignee presents him/herself too late at the shipper's depot
and recuperates items that have passed their sales date or are
unfit consumption due to storage in inappropriate conditions.
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ARTICLE 7
- RIGHT HOLDING
7.1.Fayence Tissu holds all rights
to the elements composing its Web Site and to packaging of its
products.
The photographs, texts, name and logo
appearing on the Internet site and on the products are protected
by the rights of intellectual property of which Fayence Tissu
holds the rights of exploitation.
The client refrains from reproducing,
adapting, transmitting to a third party, marketing, representing,
translating or modifying the protected elements.
Any use contrary to the provisions of
the G .S.T constitutes an act of forgery.
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ARTICLE 8
- RESPONSABILITY
The Customer has the sole responsibility
for the use and storage of the delivered products. Fayence Tissu
reminds the Customer that all products should be used and/or consumed
by the last date of storage indicated in the package.
At the same time, Fayence Tissu
cannot be held responsible for a non-respect of the legislative
or statutory rules in effect in the country of delivery, Fayence Tissu
being solely obliged to respect French regulations pertaining
to the Products.
Whatever may be the possible motive
to call into question the responsibility of Fayence Tissu,
its responsibility is limited to the lower of the following sums.
1. The total amount of the direct loss
suffered by the Customer, or
2. The total price of the order
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ARTICLE 9
- RIGHT OF RETRACTION
In accordance with article 121-16 of
the French consumers' Code, the Customer has a 7 day period following
the date of delivery to return the Products to Fayence Tissu
at his/her charge and request an exchange or refund.
The request for an exchange or refund
should be addressed to the corporation by electronic mail followed
within 24 hours by a registered letter with return receipt addressed
to Fayence Tissu.
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ARTICLE 10
- GUARANTEES
10.1. The products
Fayence Tissu assures the Customer
that the products are made according to strict standards of quality
and preservation in accordance with the norms in effect in France
and European Union.
Fayence Tissu promises to implement
all methods of maintaining the quality of the products, as far
as its means permit.
In any case, Fayence Tissu can
not however extend its guarantee to the Products if it is assumed
that the Customer has not complied with the conditions for optimum
preservation of the Products ordered or has consumed or used the
Products beyond there 'best before' date indicated on the package.
Nor can Fayence Tissu be held responsible
in the case of force majeure as defined and recognized by French
jurisprudence.
10.2. Confidentiality
The personal information gathered on
the website fayence-tissu.com will never be revealed to third
paties, according to our charter in collaboration with the CNIL.
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ARTICLE 11
- APPLICABLE LAW AND COMPETENT JURISDICTION
11.1. The law applicable to the present
General Sales Terms is French law.
11.2. The Customer is an incorporated
entity, all differences and litigation concerning the present
General Sales terms will be submitted to the exclusive judgement
of the tribunes in the jurisdiction of the Appellate Court of
Avignon.
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ARTICLE 12 - GENERAL PROVISIONS
12.1. The Customer is domiciled at the
address which he has indicated at the time of registration on
the website.
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