1230 route du Creux de la Thine
Tel. +33 (0)4 75 31 40 40
Fax. +33 (0)4 75 31 44 96
ARTICLE 1 – Scope of application
These General Conditions of Sale apply, without restriction, nor reservation, to all sales concluded by the company "MANUFACTURE DE POTERIES JARS", a simplified public company with a share capital of 1,000,000 euros, having its registered office in ANNEYRON (26140), 1230 route du Creux de la Thine, registered with the ROMANS trade and companies register under number 435 680 327, (hereinafter referred to as "the Seller") with non-professional clients (hereinafter referred to as "Clients" or "Client"), who wish to acquire the products offered for sale by the Seller (hereinafter referred to as "the Products") on "www.jarsceramistes.com" website. In particular, they specify the conditions to order, to pay, to deliver and to manage any potential returns of the Products ordered by the Clients.
The Seller sells on www.jarsceramistes.com website stoneware ceramic articles.
The main characteristics of the Products including specifications, illustrations and indications of size or capacity of the Products are presented on www.jarsceramistes.com website.
The Client shall read them before placing any order.
The selection and the purchase of a Product is the Client's own responsibility.
Photographs and graphics displayed on www.jarsceramistes.com website are not binding and do not engage the Seller's responsibility.
The Client is required to read the description of each Product in order to know its attributes and essential features.
The contact details of the Seller are: +33 (0)4 75 31 40 40.
These General Conditions of Sale shall apply to the exclusion of all other conditions, including those applicable for sales in store or through other distribution channels and marketing.
These General Conditions of Sale are available at any time on www.jarsceramistes.com website and shall prevail, as the case may be, on any other version or any contradictory document.
The Client declares to be aware of these General Conditions of Sale prior to the formation of the sale's contract, and to have accepted and signed, the aforesaid General Conditions of Sale, at the moment of the quote's acceptance.
These General Conditions of Sale may be subject to subsequent amendments, the version, on which the client's signature appears, is the one applicable at the date the order was placed.
Unless proved otherwise, the data recorded in the computer system of the Seller and the exchanges of mail, constitute the proof of all transactions concluded with the Client.
Under the French statute "Informatique et Libertés" (Data Protection) on 6th January, 1978, the Client has, at any time, a right of access, rectification and opposition to all his/her personal data by writing a letter, with a proof of identity, at the following address: 1230 route du Creux de la Thine, 26140 ANNEYRON.
The amendments of these General Conditions of Sale are binding on users of www.jarsceramistes.com website from their uploading and shall not apply to previously concluded transactions.
The quote's acceptance by the Client is worth unrestricted and unreserved acceptance of these General Conditions of Sale.
The Client acknowledges to have the required ability to enter into a contract and to acquire the offered products on www.jarsceramistes.com website.
ARTICLE 2 – Orders
The order will be registered after the monitoring of the following steps:
- the Client will identify on the website the products he would like to order and will provide a list ("wish list") from such items; this list will be sent automatically by Information Technology (IT) to our services, where the client will click on the link "price request";
- within a 8-day period (excluding the closing period of the company), pursuant the sending by the client of the "wish list", our services will provide the Client, by email, a detailed quote along with these General Conditions of Sale;
- the quote and the General Conditions of Sale, should be dated and signed then returned, by email or by mail, along with the whole payment of the price as mentioned hereinafter;
- as soon as receipt of the Client's approval and full payment, our services will send him, by email, an acknowledgement of receipt and an order confirmation on which will appear the delivery date.
The sale will be considered final after the sending of the order confirmation by the Seller to the Client via email and after receipt by the former of the whole price.
The Product offers are valid as long as they are apparent on the website.
The Client shall verify the accuracy of the informations contained in the order confirmation and shall report any errors immediately.
Any order placed through www.jarsceramistes.com website, directly with the company "MANUFACTURE DE POTERIES JARS", constitutes the formation of an online contract concluded between the Client and the Seller.
No modification of the order will be accepted from the sending email of the order confirmation issued by the Seller.
ARTICLE 3 – Prices
The Products are supplied at applicable rates appearing on www.jarsceramistes.com website at the moment of the quote's acceptance by the Client. Prices are stated in Euros, duty free and all taxes included.
These rates are fixed and not subject to revisions during their validity period, as indicated on www.jarsceramistes.com website, the Seller reserves the right, apart from the validity period, to modify the prices at any time. They do not include the cost of processing, shipping, transportation and delivery, which are charged as a supplement, and as the method of calculation contained in the quote submitted to the Client.
The payment required from the Client corresponds to the total amount of the purchase, including these costs.
Any order is subject to a previous quote accepted by the Client, whose validity is an 8-day period, as from the date of its establishment.
The order is considered accepted only after the payment of the whole amount stated in the quote.
An invoice is issued by the Seller and delivered to the Client at the moment of delivery of the ordered Products.
ARTICLE 4 – Terms of payment
The price is payable upfront, in whole on the day of the quote's acceptance by the Client, as follows:
- By credit cards: Visa, MasterCard, American Express, other credit cards (Ecard bleue),
- By bank transfer to an account whose details will be provided to the Client at his/her request,
- By check.
In addition, the Seller reserves the right, in case of non-compliance with the terms of payment set out hereinabove, to adjourn or rescind the on-going delivery of orders realized by the Client.
No additional cost, superior to the costs supported by the Seller for the use of a means of payment may be charged to the Client.
ARTICLE 5 – Deliveries
The Products ordered by the Client will be delivered in metropolitan France within a maximum ten-week (10-week) period, as from the whole payment of the order, to the address specified by the Client at the moment of his/her order.
The delivery consists in the transfer of the physical possession or control of the Product to the Client.
Unless special case or unavailability of one or more Products, the Products ordered will be delivered at once.
The Seller commits to use his best efforts to deliver the products ordered by the Client within the period mentioned hereinabove. However, these periods are conveyed as an indication. If the Products ordered have not been delivered within a two-week (2-week) period after the stated delivery date, for any reason other than force majeure or a Client's act, the sale may be rescinded at the Client's written request in accordance with Articles L 138-2 and L 138-3 of the Consumption Code (of the French Republic). The sums paid by the Client will be refunded to him no later than a fourteen-day (14-day) period pursuant the date of the contract's termination, excluding any compensation or deduction.
The deliveries are performed by an independent transporter, to the address indicated by the Client at the moment of the order and from which the transporter can easily reach.
In case of specific request of the Client relating to the packaging or transportation conditions of the products ordered, duly accepted in writing by the Seller, the costs related will be subject to an additional specific invoicing, on estimate previously accepted in writing by the Client.
The Client is bound to check the state of the packaging and the Items at the moment of the Delivery.
The Client should:
- Ensure that the shipping box was not damaged or the guarantee strip was not ruined, in which case he may refuse the parcel and note a reservation on the delivery docket (parcel refused because opened or damaged);
- Open the parcel on its delivery day in the presence of the transporter; if the products are damaged the client shall:
1 / indicate on the delivery docket in the form of handwritten reservation along with his/her signature any anomaly concerning the delivery (e.g. broken product); the aforesaid reservations and complains shall be confirmed to the transporter, by registered letter with acknowledgement of receipt within a three-business day (3-business day) period, excluding public holidays, pursuant the delivery date of the Products. The Client shall also send a copy of this letter to the company "MANUFACTURE DE POTERIES JARS". The failure to claim within the aforesaid period cancels any action against the transporter in accordance with Article L. 133-3 of the Commercial Code (of the French Republic).
2 / contact the company "MANUFACTURE DE POTERIES JARS" as soon as possible and no later than 24 hours after the delivery. It may be required from the Client to provide photos of the damaged parts for the records of the company "MANUFACTURE DE POTERIES JARS" in order to enable it to take appropriate measures. Any claim expressed after this deadline will not be accepted.
In addition, the Client shall ensure that the Properties which have been delivered to him correspond to the Order. In case of non-compliance of the Properties, in kind or in quality, with the specifications mentioned in the delivery docket, the Client shall inform the Seller by email to the following address email@example.com and return the Properties as indicated in Article 7.
ARTICLE 6 – Transfer of property - Transfer of risks
The transfer of property of the Seller's Products to the Client, will occur only after effective receipt of the price by the company "MANUFACTURE DE POTERIES JARS", regardless the delivery date of such Products.
Whatever the date of the transfer of property of the Products, the transfer of risk of loss and damage thereto, will be undertaken when the Client will physically take property of the Products. The Products are transported at the Seller's own risks and expenses.
ARTICLE 7 – Right of withdrawal
In accordance with legal provisions, the Client has a fourteen-day (14-day) period from the receipt of the Product to exercise his right of withdrawal with the Seller, without having to give any reason or pay any penalty, in order to exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within a fourteen-day (14-day) period pursuant the notification to the Seller of the decision to withdraw from the Client.
The returns should be in their original condition and complete (packaging, accessories, user manual...) enabling their remarketing in their unused condition, along with the purchase invoice.
The returns' organization will be borne by the Client or the Seller (who will collect the Products at the address specified by the Client at the moment of the order, and in the dates and hours arranged with the Client) after consultation between both parties. The returning costs of the Products shall be borne by the Seller.
The Products which are damaged, soiled or incomplete will not be reclaimed.
In case of exercise of the right of withdrawal within the aforesaid period, only the price of the purchased Products and their delivery costs are reimbursed ; the returning costs are borne by the Seller.
The reimbursement will be made within a fourteen-day (14-day) period from the receipt by the Seller of the Products returned by the Client under the conditions provided in this article, by the same means of payment used for the sale.
ARTICLE 8 – Complaints
The Client shall address any complaints to the company "MANUFACTURE DE POTERIES JARS", by post to the following address: ANNEYRON (26140), 1230 route du Creux de la Thine, or by e-mail to the following address: firstname.lastname@example.org reminding the reference and the date of the Order.
ARTICLE 9 – Liability of the Seller – Warranty
The Products sold on www.jarsceramistes.com website comply with the regulations in force in France and have performances compatible with non-professional uses. They are based on handicraft work.
The Products provided by the Seller are fully eligible and without additional payment, regardless of the right of withdrawal, in accordance with the law, to:
- The legal warranty of conformity, for the Products apparently defective, damaged or spoiled or which do not correspond to the order,
- The legal warranty involving latent defects caused by a material defect, design failure or manufacture defect affecting the delivered products and making them unsuitable with their use
in the terms and conditions set out in Articles L. 211-4, L. 211-5 and L. 211-12 of the Consumption Code (of the French Republic) and articles 1641 and 1648 of the Civil Code (of the French Republic), namely:
Article L. 211-4 of the Consumption Code (of the French Republic): "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."
Article L. 211-5 of the Consumption Code (of the French Republic): "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."
Article L. 211-12 of the Consumption Code (of the French Republic): "Action resulting from lack of conformity lapses two years after delivery of the product."
Article 1641 of the Civil Code (of the French Republic): "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."
Article 1648 of the Civil Code (of the French Republic): "The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice.
In the case provided for in Article 1642-1, the action must be brought, under pain of being time-barred, within the year following the date on which the seller may be discharged from patent defects."
ARTICLE 10 - Force Majeure
Neither the Seller nor the client will be held liable to the other or may be considered to have violated the general conditions of sale if he is delayed or prevented from performing his/her obligations due to force majeure and particularly fire, flood or any other accident causing partial or complete destruction of the company, the strike, the lack of power or raw materials resulting from a general cause, natural disasters.
In case of force majeure, the delivery by the Seller or take up by the Client will be postponed to a date when the force majeure event has ended without the Client or the Seller may demand any compensation to the other part. If the force majeure event exceeds a four-week (4-week) period, each party shall have the right to rescind the sale by registered letter with acknowledgment of receipt. The Seller will reimburse the amount of the order made by the Client.
ARTICLE 11 – Nullity of a clause of the general conditions of sale
If any provision of these general conditions of sale was canceled, this nullity shall not result in the nullity of the other provisions of the general conditions of sale which shall remain in force between the Seller and the client.
ARTICLE 12 – Non-waiver
The fact for the Seller or the client not to take advantage of an undertaking by the other Party of any of the obligations mentioned hereby can not be interpreted in the future as a waiver of any obligation in question.
ARTICLE 13 – Data Protection ("Informatiques et libertés")
Under the 78-17 of 6 January 1978 act, it is reminded that personal data which are collected from the Client are specially required to process to the order and to the issuance of invoices.
These data may be disclosed to any partners of the Seller responsible for the achievement, processing, management and payment of the orders.
The processing of the information provided through www.jarsceramistes.com website has been declared to the CNIL.
The Client has, in accordance with national and European regulations in force, a permanent right to access, modify, rectify and oppose regarding the personal information that concerns him/her.
This right can be exercised under the conditions and in the manner defined in www.jarsceramistes.com website.
ARTICLE 14 – Intellectual Property
The www.jarsceramistes.com website content is the property of the Seller or of his partners and is protected by French and international statutes on intellectual property. Total or partial reproduction of this content is strictly prohibited and may constitute copyright infringement.
In addition, the Seller retains ownership of all intellectual property rights in the photographs, presentations, studies, drawings, models, prototypes, etc., realized (even at the Client's request) for the purpose of the supply of the Products to the Client. The Client therefore prohibits any reproduction or use of such studies, drawings, models and prototypes, etc., by himself, without the prior express written consent of the Seller who may make it conditional on a financial consideration.
ARTICLE 15 – Governing law – Language
These General Conditions of Sale and any related operations shall be governed by and construed in accordance with French law.
These General Conditions of Sale are written in French language. In case they are translated into one or more foreign languages, only the French version will prevail in case of dispute.
ARTICLE 16 – Disputes
All disputes that may arise from purchase and sale operations entered into under these general conditions of sale could result, regarding their validity, interpretation, execution, termination, consequences and repercussions and which could not be solved between the seller and the client shall be submitted to the competent courts under the conditions of common law.
The Client is informed that, in any case, he can use a conventional mediation, including from the consumption mediation Commission ("Commission de la médiation de la consommation") or any means of alternative dispute resolution (e.g. conciliation) in case of dispute.
ARTICLE 17 - Pre-contractual information - Client Acceptance
The Client acknowledges having received notice, prior at the time of the order, in a legible and comprehensible manner, of these General Conditions of Sale and all information and intelligence required under articles L111-1 to L111-7 of the Consumption Code (of the French Republic), and in particular:
- The essential characteristics of the Product, regarding the advertising media used and the product concerned;
- The price of the Products and ancillary costs (e.g. delivery);
- In the absence of immediate execution of the contract, the date or period to which the Seller commits to deliver the Product;
- Information concerning the Seller identity, his address, telephone and e-mail, and his activities, if they are not apparent from the context,
- Information concerning the legal and contractual warranties and provisions for their implementation;
- The features of the digital content and, as the case may be, its interoperability;
- The opportunity to use a conventional mediation in case of disputes;
- Information concerning the right of withdrawal (existence, conditions, term, provisions to exercise this right and withdrawal standard form), the returning costs of the Products, the termination provisions and other important contractual conditions.
The fact for a non-professional as defined by the Consumption Code (of the French Republic), to order on www.jarsceramistes.com website implies full acceptance and adherence to these General Conditions of Sale, this is expressly understood by the Client, who agrees, in particular, not to recognize any contradictory document, which would be void to the Seller.