Sales Terms online

1. Recitals
Unless otherwise agreed in writing by the parties, these Sales Terms apply to any proposal or sale of the products made available through « www.oa1710.com » (the Internet Site) by L’Orfèvrerie d’Anjou (the Seller) to its non professional customers in France, the United Kingdom, Spain, Portugal, Germany, Luxembourg, Italy, Ireland, Belgium, Monaco, Andorra, Liechtenstein, and Switzerland (the Customer). These terms prevail upon any customer-issued documents and upon any other seller-issued documents such as catalogues or brochures, which are for information purposes only. The Customer agrees, without reservations, to these sales terms which may be modified from time to time by the Seller. The Seller may waiver any clause of these terms, which should not be construed as a commitment not to apply such clause at a later date. Should one of the clauses be cancelled or deemed void for any reason, the other clauses would not be affected and the parties agree to negotiate in good faith in order to modify the cancelled clause.

2. Orders
Orders are placed online through the Internet Site, in French or in English. The Customer creates an account or open an existing account, selects the products he/she wishes to buy and puts them into the cart. The Customer then clicks on « Order» and fills in the fields as needed (modifications are allowed). The Customer then checks the price, shipping cost, payment and delivery modes, and validates the order. After validation, the order is firm and cannot be cancelled or modified by the Customer subject to clause 6 (Withdrawal). The order is firm after confirmation in writing (e-mail) by the Seller.

3. Price and payment
The prices are in the EURO currency, inclusive of VAT (value added tax) but exclusive of shipping costs. Payment is by credit card or American Express when the order is placed.

4. Shipping and delivery
Products are delivered in Europe, at the address specified in the order.
The products are shipped within 7 days after full payment, and provided the Customer has fulfilled all its obligations regarding the Seller. The shipping cost may be checked in the cart. Shipping is confirmed by e-mail to the Customer.
If the delivery is more than seven days late, for any reason except force majeure, the Customer may cancel the order within sixty days (registered letter with recorded delivery). The contract is then deemed as terminated unless the products are delivered before the Seller receives the registered letter. The amounts already paid by the Customer are refunded by cheque within thirty days.
In the event that products are not available in full on agreed delivery date, the available products may be delivered upon request by the Customer, and the missing products are shipped at a later date. Any additional cost is supported by the Customer.
After delivery, the Customer accepts responsibility for the products in the event of damage caused to or by the products, for any reason, including in the event of a force majeure case, an accident or the intervention of a third party.

5. Claims and returns
Any reservation or claim for nonconformity should be written on the delivery slip and notified to the Seller and the hauler (registered letter with recorded delivery), and by e-mail or fax within 48 hours after delivery The Customer agrees to make things easy in the event that the Seller wishes to inspect a reported nonconformity.
The Seller may require that faulty or nonconform products should be returned. No return shall be processed unless return has been approved by the Seller. Transportation costs and risks are supported by the Customer. The product must be returned in full in its original packaging (no modification, no alteration), in an overpack, or the return would be refused and the warranty would not apply. The Seller may replace the returned product, subject to inventory limitation, or refund the Customer. In this case, return shipping expenses are refunded by Seller (receipt required).

6. Right of withdrawal
Orders may be withdrawn within seven days after delivery. The sale contract is then cancelled and the products returned. Withdrawal is not possible where products have been modified upon request by the Customer, in particular through the Internet site. In the event that an order is withdrawn, the products are returned in full in their original packaging (no modification, no alteration), in an overpack. The Seller refunds the amounts paid by the Customer, except the return shipping cost, which is supported by the Customer. The money is refunded within thirty days after the Customer has withdrawn the order.

7. Warranty - Guarantee
The Seller guarantees that the products were manufactured in accordance with good workmanship practices and that they conform to French regulations. Warranty does not cover defects or deterioration caused by wear, accidents (shock …), poor maintenance, negligence, or abnormal use of the product.
The Seller cannot be held liable for indirect damage and its liability is limited to the price of the product concerned.
Articles L 211 through L 211-18 of the French Code de la Consommation, and articles 1641 through 1649 of the French Civil Code apply :
Art. L. 211-4 of the Code de la consommation :
The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.
He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.
Art. L. 211-5 of the Code de la consommation :
To conform to the contract, the product 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 his 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.
Art. L. 211-12 of the Code de la consommation :
 Action resulting from lack of conformity lapses two years after delivery of the product.
Art. 1641 of the Code civil :
A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.
Art. 1648 al. 1 of the Code civil :
The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice"

8. Intellectual rights
The Seller remains the only and full owner of the intellectual rights regarding the products, trademarks, drawings, models, whether they are patented or not. The elements on the Internet Site, including in particular logos, registered trademarks, texts, photographs, images, drawings, models are protected by intellectual rights laws. Any reproduction, imitation or representation, full or partial, of the Internet Site is subject to approval by the holders of the rights, or they would be considered as counterfeits and constitute an offense punishable by law.

9. Force majeure
Force majeure as defined by French case-law applies. Additionally, the obligations of the Seller are automatically suspended and the seller cannot be held liable in the event that nonperformance is caused by events beyond its will such as : bad weather, flood, fire or lockout (in the seller's or suppliers' structures), difficulties in receiving supplies, decisions passed by administrative authorities, riots, vandalism, tool-related accidents, shortage of raw materials, interruptions or delays in transportation, force majeure applying to suppliers or any other cause leading to full or partial unemployment (in the seller' or supplier's structures). Any such event is brought by the seller to the knowledge of the customer by mail or e-mail. If the force majeure event, or its consequences, last more than 30 days as of the letter or e-mail, either party may cancel the order (registered mail with recorded delivery), and no compensation or indemnity is due.

10. Personal data
In accordance with regulations, the Customer may access, rectify and object to its personal data on record in the database of the seller. Any request in the matter should be sent by mail. The seller does not exchange nor transfer customer-related data. Customer-related data are secured in a dedicated internal network and kept by the Seller for the duration of the contract. The CNIL registration number of the seller is 1627995.
The Customer may access his/her order by clicking on "My account".

11. Disputes
These Sales Terms are governed by French law.