Terms of Sales
Ardennes-Artisanat on the website https://ardennes-plaques.fr/
Non-profit association, 9 Rue du Haut, 08430 Barbaise, FRANCE
Telephone: +336 48 00 12 71
E-mail: [email protected]
GENERAL CONDITIONS OF SALE TO INDIVIDUAL CUSTOMERS
Article I. Scope and acceptance of the general conditions of sale
Any order placed with the Association by a customer via the website https://ardennes-plaques.fr/ (hereinafter referred to as "the Site" or "the Service") is subject exclusively to these general conditions of sale ( hereinafter referred to as "the T&Cs").
“Order placed via the Site” means any order placed online on the Site.
By "customer" will be retained the definition in force according to the Consumer Code and French case law. Any natural person who does not meet this definition may under no circumstances claim the application of these general conditions of sale, their order being subject to the general conditions of sale to professionals available on the Site.
By simply placing an order on the Site, the customer (hereinafter referred to as "the Customer") declares and acknowledges having perfect knowledge of these general conditions and accepts all of the clauses and conditions, with the exception of all others, whatever the terms and whatever the document on which they appear.
The products whose sale is governed by these general conditions are those offered on the Site and only these (hereinafter referred to as "the Product or Products").
The Ardennes-Artisanat Association reserves the right to modify these conditions at any time.
The applicable conditions are those in force on the Site on the date the order is placed.
The data recorded in the Service's computer system constitutes proof of all transactions concluded with the Customer. In accordance with the provisions of Articles 1125 and 1127-1 of the Civil Code, these GCS may be stored by computer and/or reproduced by the Customer for printing.
Section II. Product Features
The Site contains technical data sheets on each Product presenting in particular its essential characteristics. The Customer can freely consult the description of the Products and fill his basket on the Site.
It is up to the Customer to read this information before placing an order.
On the other hand, the photographs and graphics are indicative and without contractual value.
In any event, minimal variations, the difference in perception of shapes and colors between the Products and the photographs or graphics presented on the Site do not constitute non-compliance of the Product delivered.
Section III. Product Range and Limitation
The Ardennes-Artisanat Association may freely modify the assortment of Products, it being understood that the assortment of Products is definitively validated when the order is placed.
It can also refuse the production of certain products if it deems that their manufacture may present a danger for the operator in charge of producing it. In this case, the Customer will be notified by telephone and/or email. He will be reimbursed for the parts not made and the rest of his order if he decides to cancel it entirely.
The Products indicated as "in stock" are actually kept in stock and available. If the Product is no longer available, the Customer is immediately informed and will not be able to place an order.
Article IV. Orders
1- Capacity to contract
The purchase of a Product found on the Site of the Ardennes-Artisanat Association not being an act of management of daily life, the customer declares on his honor to have the capacity to contract in accordance with the law and in particular in articles 488 and 1145 of the Civil Code, not to be a minor and not to be the subject of a measure of protection, in particular guardianship.
2- Placing the order online
The fact for the Customer to be mentioned of the “General Conditions of Sale” before placing his order automatically entails the express acceptance by the latter and without restriction or reservation of these general conditions of sale when he validates his order. The Customer acknowledges by this act to have read and understood the present general conditions and to accept them.
3- Validity of the order
To be valid, the order must include all the required information, in particular the Customer's e-mail address, and be accompanied by full payment of the price. The order must contain all the information required on the order form, and in particular:
· complete identification of the Client (either using his Client number, or by mentioning all the information requested for online registration);
precise identification of the Products selected with the references indicated on the Site, references including the dimensional options, etc. ; in the case of Products with options, these precise references appear when the correct options are selected;
· quantities requested;
· information necessary for delivery: precise address, possible restrictions on the accessibility of the place, etc. ;
· payment method chosen.
The Ardennes-Artisanat Association is entitled not to follow up on an order, in particular:
· in the event of information from the banking organization in charge of managing the payment of the order stating the impossibility of implementing the method of payment retained for the payment of the order;
· or in the event of orders exceeding, by their content or their frequency, the needs of an individual and more generally in the event of abnormal request or bad faith;
· in the event of orders that do not comply with these GCS, or for any other legitimate reason and, in particular, when there is a dispute with the Customer relating to the payment of a previous order.
4- Date of the order
The order is considered to have been placed on the date of validation of the order by the Customer in the event of payment by credit card online or on the date of receipt of the check or transfer in the event of payment by check or transfer.
The deadlines indicated on the Site only run from the date of the order thus defined.
It is also specified that the availability of a Product may change between the date of final validation of an order (receipt of the Seller's order confirmation) and the date of the online order, in particular in the event of deferred payment depending on particularly the time within which the check or transfer for payment of the price will be received.
In case of unavailability of the Product, the Customer then has the option:
- Either to be delivered a Product of equivalent quality and price.
- Or to be reimbursed for the price of the Product ordered within 14 days of its request.
In the event of an order by cheque, this must be sent to the Ardennes-Artisanat Association within 3 weeks.
Without receipt of payment within this period, the order will be automatically cancelled.
Article V. Order Confirmation
Orders only become final after confirmation by the Association as set out below.
1- Conclusion of the contract
The sale is considered final:
- after sending to the Customer confirmation of the acceptance of the order by the Association Ardennes-Artisanat by email and after receipt by the Association of the full price.
- Collection is made when the central bank card network has given its agreement to payment in the event of payment by card and within a maximum period of 3 weeks after validation of the order in the event of payment by check.
In the event of non-receipt of the full price of the Product, the order will be automatically cancelled. Order confirmations are sent by email to the address indicated by the customer when ordering. The confirmation email includes a summary of the order placed by the Customer including in particular the identification of the Products ordered, their price and delivery dates.
The Customer is advised to keep this order confirmation email. The Customer must notify the Association immediately on this occasion of any errors and/or omissions contained in this order confirmation. All the consequences of the indication of an erroneous or false address are the sole responsibility of the Customer.
The prices of the Products are indicated in euros, all taxes included and excluding shipping costs.
As a non-profit association, VAT is not applicable to products sold by Ardennes-Artisanat. However, if VAT were to be applied, it would take into account the VAT rate applicable on the day of the order. Any change in the rate will be passed on to the prices of the Products after the date of entry into force of the new applicable rate. The price of raw materials (wood, aluminum, leather) being constantly changing, the prices displayed on the Site may be modified at any time. They are subject to variations for reasons of introductory price,
promotions or sales. The applicable price is that indicated on the Site on the date of registration of the order by the Customer.
All prices are subject to manifest typographical error.
3- Shipping costs / delivery costs
Shipping costs are invoiced to the Customer, in addition to the price, depending on the weight of the package. Shipping costs may be offered free of charge on an ad hoc basis within the framework of promotional operations of the Ardennes Artisanat Association.
4- Terms of payment
It is reminded that the Customer can pay for his order:
either via PayPal,
either online by credit card (credit card, Visa card, Eurocard Mastercard),
either by bank transfer,
· or by check payable to “Association Ardennes-Artisanat”.
In the context of online payment, the Ardennes-Artisanat Association implements means to reinforce the security and confidentiality of data transmitted online via data encryption according to the SSL protocol – Secure Socket Layer -, used for Internet shopping worldwide. In the case of payment by credit card, the Customer's account will be debited upon receipt of the order.
In the case of payment by cheque, collection is made upon receipt of the cheque. This one must reach us within three weeks of placing the order. Beyond three weeks, the order will be automatically cancelled.
In the event that the bank refuses to debit a bank card or refuses to cash a cheque, it is the Customer's responsibility to contact customer service in order to pay for his order by any means of payment appearing on our Site at time of placing the order. Otherwise, the order may be freely canceled by the Association.
The information of the credit cards of the Clients of the Association is not saved.
Article VI. Deliveries
The Customer will find all the elements detailing our delivery procedures here. They are calculated at the time of payment and may vary slightly depending on the carrier and the weight of the order. The Customer can check the date range announced in the email sending his order.
The delivery time for an order mixing Products of several types will be the longest.
For orders weighing less than 100g:
· Deliveries are made by post and take up to 7 working days.
· weekends and public holidays. Orders are delivered on working days unless decided by the
For orders weighing more than 100g:
· Deliveries are made by Mondial Relay and take up to 7 working days.
· Orders are delivered on working days unless the carrier decides.
Allow a few more working days for delivery outside mainland France, eg Corsica.
NB: lead times may vary slightly depending on the current production load.
Section VII. Conditioning
The Products are packaged in such a way as to comply with the transport standards in force, and to ensure optimal protection of the products during their delivery. The Customer is asked to respect these same standards when returning a Product, whatever it may be. Any damage observed to a Product on return due to a problem of non-respected packaging quality may result in a partial refund or non-refund of the Product in the event of impossibility of resale in the state or in the event of aggravation of the technical problem indicated.
Section VIII. Right to retract
It is recalled that, in accordance with the provisions of Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for products made to customer specifications or clearly personalized (example: key rings personalized).
When the right of withdrawal is exercised, in accordance with the provisions of Article L. 221-18 of the Consumer Code, the Customer has a period of 14 calendar days following the date of receipt or withdrawal of the Order , to exercise his right of withdrawal without having to justify reasons or pay penalties. However, the costs of returning the Products are the responsibility of the Customer. In the event that this period expires on a Saturday, a Sunday or a holiday or non-working day, it is extended until the first following working day.
The Customer will exercise his right of withdrawal by means of the withdrawal form provided for this purpose and available online on the Site or any other declaration, unambiguous, expressing his wish to withdraw, before the expiry of the period provided for above. above, in accordance with the provisions of Articles L.221-21 and L.221-22 of the Consumer Code.
The Customer must return the Products without undue delay and at most fourteen days following the communication of the Customer's decision to withdraw, accompanied by a copy of the invoice or, failing that, the Customer's contact details and his order number to the following address: Name and address for returning a product: Ardennes-Artisanat, 9 Rue du Haut, 08430 Barbaise, FRANCE.
For products with a large volume, the Customer must contact the Association in order to organize the return under good conditions. The Customer is advised to obtain proof of this return.
The right of withdrawal and the subsequent refund are only possible insofar as the Product is returned in perfect condition for resale, packed in its original packaging, or at the very least, in packaging allowing complete equivalent protection and presenting no no trace of shock, or use (the Products must not have been damaged), and accompanied by the duly completed withdrawal form, available on the Site and a copy of the invoice or, failing that, the Customer's contact details and its order number.
Nota Bene :
Once part of the production cycle of the Association Ardennes-Artisanat, an order can no longer be canceled or modified.
Subject to compliance with the deadlines and conditions mentioned above, the Association Ardennes-Artisanat will reimburse all the sums paid by the Customer (including the costs of the initial delivery possibly invoiced by the Association to the Customer) in using the means of payment used to pay for the order, within fourteen (14) days of the date on which the right of withdrawal was exercised.
Article IX. Complaints
1- Missing items and transport damage
Upon delivery, the Customer must check the goods in the presence of the carrier.
In the event of shortages or transport damage, it is up to the Customer, in his capacity as recipient, to make specific reservations on the carrier's receipt and to confirm them to him, in accordance with the provisions of Article L 133-3 of the Commercial Code, by registered letter with acknowledgment of receipt within three days of receipt, with a copy to the Ardennes-Artisanat Association.
Failing this, the customer will no longer be able to exercise any recourse based on missing items or damage, neither against the carrier nor against the Ardennes-Artisanat Association.
2- Delay due to the carrier
In the event of a delay in relation to the appointment date announced by the carriers, the Customer must first contact the carrier. In the event of a significant delay, the Customer must contact the Association in order to open a dispute or investigation file to search for the package.
3- Delays independent of the Ardennes-Artisanat Association and the carrier
In the event of an event of force majeure having the effect of slowing down or preventing delivery, in particular in the event of a strike by La Poste services, a strike by carriers, heavy road traffic or any other event of an exceptional nature slowing down or preventing the delivery of parcel, the Association will do its best to inform the customer of the status of the shipment of his parcel, but cannot be held responsible for any delays caused.
The case of force majeure is understood as defined by case law and in particular in the event of disruption, flood, fire, total or partial strike (in particular of postal services, means of transport, means of communication), interruption of supplies and supplies of energy and transport, administrative decisions of a general nature, epidemic, pandemic, or any other cause unrelated to the Ardennes-Artisanat Association. In all cases, the Customer may request the resolution of the sale in the event of a definitive impediment to delivery.
Article X. Legal guarantee
In accordance with the provisions of articles L. 211-1 and following of the Consumer Code, the Customer is informed that the Products supplied by the Ardennes-Artisanat Association benefit automatically and without additional payment, in accordance with the legal provisions, from the guarantee legal conformity, and the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use, in the conditions and according to the methods referred to in the box below and recalled in the appendix to the these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
Reminder of the legal provisions.
When acting on the basis of the legal guarantee of conformity of articles L.217-4 to 217-13 of the Consumer Code, the Customer:
- has a period of two years from the delivery of the property to act;
- can choose between the repair or the replacement of the good, subject to the conditions of cost
provided for by article L. 217-9 and following of the Consumer Code;
- is exempted from providing proof of the existence of the lack of conformity of the goods within twenty-
four months from delivery of the property.
The legal guarantee of conformity, in respect of which the seller cannot be exempted or limit
the scope, applies independently of any commercial guarantee.
In the event that the action based on the guarantee of hidden defects of the thing sold is brought, within two years following the discovery of the hidden defect, by the Customer under the conditions provided for in articles 1641 to 1649 of the Civil Code, that -he may request either the cancellation of the sale or a reduction in the sale price in accordance with article 1644 of the Code. For your complete information, the articles of the Civil Code relating to guarantees are annexed to these General Conditions of Sale. (Annex 1)
In the event of non-conformity of the Product delivered, the Customer may choose between returning the Product and being reimbursed for the price of the Product or keeping the product and being reimbursed part of the price, subject to the cost conditions provided for by the article L.217-9 of the Consumer Code. The Customer may return the goods and have the price returned or keep the goods and have part of the price returned, in the three cases of Article L 217-10 of the Consumer Code: (i) if the
replacement is impossible, (ii) if the requested compliance cannot be implemented within one month following the Customer's complaint and (iii) if the compliance cannot be implemented without major inconvenience for the Customer taking into account the nature of the property and the use he is looking for. However, the termination of the contract cannot be requested for a minor lack of conformity.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of receipts. Subject to compliance with the conditions mentioned above, the Association will reimburse the delivery and return costs, using the means of payment used to pay for the order, as soon as possible and at the latest within thirty (30) days following the observation by the Association of the lack of conformity or the latent defect.
Products modified, integrated or added by the Customer or any other person not authorized by the Ardennes-Artisanat Association are excluded from the guarantee. The warranty does not cover apparent defects.
For users in the European Union (EU)
If you are a European Union customer, you will benefit from all mandatory provisions of the law of the country in which you reside.
Compliance with United States Laws
You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) you are not listed on any US Government list of prohibited or restricted parties.
Article XI. Termination
We may in our sole discretion terminate or suspend your access immediately, without notice or liability, for any reason whatsoever, including, but not limited to, if you violate these Terms and Conditions.
Upon termination, your right to use the Service will cease immediately.
Section XII. Data processing and freedoms – Personal data
The Ardennes-Artisanat association collects and processes personal data in accordance with the regulations in force on the protection of personal data, applicable in Europe and in France and in particular the provisions of the General Regulations on the Protection of Personal Data of April 27, 2016 ( European regulation known as “GDPR”). The Association is brought to collect personal data within the framework of the execution of its contractual, legal obligations or of its legitimate interest.
During the registration of the Customer or an order, or in the context of other specific operations, the Ardennes-Artisanat Association offers visitors or customers to receive its newsletter, its promotional offers, and/or to register to be informed of the holding of its "sales events". The visitor or Customer can modify his subscription at any time through his personal account, or through the hypertext link appearing at the bottom of the offers received by e-mail .
The Customer has the rights provided for by the General Regulations on the Protection of Personal Data of April 27, 2016 and in particular a right to limit processing, opposition, access, rectification, deletion and portability of data. concerning him by formulating his request in a clear manner and sending it by email to the following address: [email protected]
The Customer may also obtain, at his own expense (cost of reproduction), a copy of the personal data concerning him, as well as the information to which he is entitled under the aforementioned law.
The service providers of the Ardennes-Artisanat Association have limited access to your data, as part of the performance of the service entrusted to them, and have a contractual obligation to use them in accordance with the provisions of the regulations. applicable to the protection of personal data.
These data are kept for the duration of the commercial relationship, and for as long as necessary to perform the Association's contractual obligations, to comply with its legal obligations, and to satisfy the purposes described in its confidentiality policy.
Article XIII. Customer reviews – Terms.
Article XIV. Disclaimer
Case of exclusion of the responsibility of the Association Ardennes-Artisanat. The Association declines all responsibility for the misuse or misuse of the Products that the Customer has ordered.
The Ardennes-Artisanat Association is in no way responsible for the consequences resulting from: the storage of products in abnormal conditions or conditions incompatible with their nature, their transformation, non-compliance with the assembly instructions and subsequent dismantling of the products, the loss or breakage of any part, in particular during unpacking and assembly, abnormal wear resulting from poor maintenance, poor protection of the
product, damage to the products due to water, shocks or inappropriate use, temperatures or humidity levels.
Any claim must be notified before using the Product. Any complaint based on the non-conformity of the Products delivered or an apparent defect must be notified before using the Product by registered letter to the registered office of the Ardennes-Artisanat Association.
In order to help a rapid resolution of the complaint, the Customer will provide the Association with all the evidence necessary for the verification of the said non-compliance announced. In particular, he will provide one or more photos enabling the Association to assess the situation. Any non-compliance will be subject to control by the Association.
Otherwise, the Products will be deemed to have been accepted and recognized as compliant. Thus, the defects invoked being known or cannot be ignored by the Customer, no further recourse will be open against the Ardennes-Artisanat Association.
In any event, delivery and return costs are never reimbursed.
Article XV. Dispute settlement, and discount
Since January 1, 2016, you have the possibility of contacting the FEVAD e-commerce Mediator: FEVAD e-commerce mediator – 60 rue la Boétie, 75008 Paris – www.fevad.com so that it intervenes directly in the event of a dispute (articles L612-1 et seq. and R612-1 et seq. of the Consumer Code) in compliance with the rules of operation of mediation, as defined by the Law and the Charter of FEVAD e-commerce mediation.
In the event of a dispute, it will be submitted to the competent courts under the conditions of common law. All our sales are concluded under the general conditions of sale appearing on our site. https://ardennes-plaques.fr/.
Article XIV. Hyperlink
Anyone with a website wishing to place a simple link on their site directly to the site https://ardennes-plaques.fr/ must request authorization from the Ardennes-Artisanat Association. An authorization given by the Association will in no way constitute an implicit agreement of affiliation and will in no case be given definitively. Upon simple request of the Association, this link must be removed. Any hypertext link to the site https://ardennes-plaques.fr/ and using techniques of the "framing" or "in-line linking" type is formally
Article XVII. Other Websites
Apart from the sites http://www.ardennes-artisanat.fr And https://ardennes-plaques.fr/ , the websites linked directly or indirectly to the Service are not under the control of the Association. Links to third-party sites are provided for convenience only and do not imply any guarantee as to their content. Consequently, the Ardennes-Artisanat Association assumes no responsibility for the information published on these sites.
Section XVIII. Documents to consult
Section XIX. Pre-contractual information – Customer acceptance
The Customer acknowledges having had communication, prior to the immediate purchase, the placing of his order and the conclusion of the contract, in a clear and understandable manner, of these General Conditions of Sale and of all the information listed in article L.221-5 of the Consumer Code:
- the essential characteristics of the Products, taking into account the communication medium used and
of the Products concerned;
- the price of the Products and related costs (delivery, for example);
- in the absence of immediate execution of the contract, the date or the deadline on which the Seller undertakes to
deliver the Product;
- information relating to the Seller's identity, postal and telephone details and
electronics, and its activities, if they are not apparent from the context;
- information relating to legal warranties and their methods of implementation;
- the functionalities of the digital content and, where applicable, its interoperability;
- the possibility of resorting to conventional mediation in the event of a dispute;
- information relating to the right of withdrawal (existence, conditions, deadline, terms of exercise
of this right and standard withdrawal form), the cost of returning the Products and other conditions
APPENDIX 1: ARTICLES OF THE CONSUMER CODE RELATING TO THE GUARANTEE OF CONFORMITY
Article L 217-4
The Seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L 217-5
The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar good and, if applicable: – if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; – if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L 217-12
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
APPENDIX 2: ARTICLES OF THE CIVIL CODE RELATING TO THE GUARANTEE AGAINST HIDDEN DEFECTS
The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or does not would have given a lesser price, if he had known them.
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller can be released from the apparent defects or lack of conformity.
APPENDIX 3: WITHDRAWAL FORM
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the Site except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
To the attention of :
Ardennes-Artisanat Association, 9 Rue du Haut, 08430 Barbaise.
Client name :