PREAMBLE
The site www.laguiole-art.com (hereinafter the Site) is operated by the company TSP SARL whose registered office is at 5/6 avenue Henri Poincaré P.A. Ravennes les Francs - 59910 BONDUES (France) and which is registered in the Lille Trade and Companies Register under number 483 415 295.
To contact Customer Service:
03 20 76 66 79 (cost of a local call)
contact@laguiole-art.com
The present General Terms of Sale apply to all orders placed with TSP for all articles and services offered on the Site by a non-trading natural person (hereinafter referred to as the Customer). Consequently, the fact of ordering a product offered for sale on the Site (hereinafter the Product) implies full and complete acceptance of these General Conditions of Sale, which the Customer acknowledges having read prior to his order.
TSP reserves the right to modify these General Terms and Conditions of Sale at any time. Nevertheless, the General Terms and Conditions of Sale applicable to the order placed by a Customer are those accepted by the Customer at the time of placing the order.
Article 1: Purpose
The purpose of the present General Conditions is to define the rights and obligations of the Parties in the context of the online sale of goods and services offered by TSP to the Customer, from the order to delivery, via payment and the use of services made available by TSP.
The present General Conditions express the entirety of the obligations of the Parties. In this sense, the Customer is deemed to accept without reservation all the provisions set out in these General Terms of Sale. TSP undertakes for its part to respect its role as a reseller within the framework of the said conditions.
Article 2: Scope of application
The present General Conditions govern the sale of Products on the day the order is placed by the Customer. They apply to all methods of placing orders offered by TSP.
They can be read directly on the Site. On simple request by the Customer, they can also be sent to him by e-mail.
Article 3: Order
Capacity to contract
All Customers declare that they have the capacity to contract under the conditions described below, i.e. that they are emancipated minors or have reached the legal age of majority and are not protected within the meaning of Article 488 of the Civil Code.
TSP reserves the right to refuse any Order from a Customer with whom a dispute exists or appears during the processing of an Order, in particular a payment dispute.
Creation of an account
In order to order Products on the Web Site, the Customer must create an account by providing the information requested in the registration form.
To this end, the Customer declares that he/she will provide complete personal information that is not erroneous and that will enable him/her to be accurately identified in any situation. Any false or slanderous personal information may lead to the closure of the Customer's account and the cancellation of the Order.
When creating an account, the Customer shall choose a login and a password. The Customer undertakes to keep his/her login and password confidential.
This account shall be accessible at any time by the Customer using his/her login details.
The Customer is responsible for all actions carried out on the Site by means of his login and password.
The Customer must check the completeness and conformity of the information he provides to TSP. The latter cannot be held responsible for any input errors and the consequences that may result in terms of delay or error in delivery.
Placing the Order
The Customer may place his Order directly on the Site 24 hours a day, 7 days a week.
Once the contents of the shopping basket have been validated, the Customer must :
complete all the information requested, including that relating to the content and methods of payment;
declare, before proceeding with the secure payment, to accept without reserve the entirety of the General Terms and Conditions of Sale by ticking the box "I accept the general terms and conditions of sale": the Customer acknowledges by this act to have read and understood the present Terms and Conditions and to accept them; this acceptance is irrevocable and can only be called into question in the cases exhaustively provided for in the present General Terms and Conditions of Sale under the paragraph "right of withdrawal".
After having entered or modified this information and subject to having expressly accepted the General Terms and Conditions of Sale, the Customer shall finalise his/her order by clicking on the "Confirm Order with Payment Obligation" Button on the payment page.
Validation of the Order implies acceptance of the prices and characteristics of the Products purchased by the Customer. Once the method of payment has been selected, the Customer must proceed with the payment of his/her order on the secure interface, which will formalise in a firm and definitive manner the contract of sale which links him/her to TSP.
In all cases, the provision of the bank card number online and the final validation of the order by the Customer shall be deemed proof of the order and the sums payable for the Products selected in the order. This validation is equivalent to a signature and acceptance of all operations carried out on the Site.
Order Confirmation
Once the Order has been validated and paid for by the Customer, an e-mail is automatically sent to the e-mail address indicated by the Customer, confirming that the order has been placed and summarising its content (identity and full contact details of the seller, GTC, price confirmation, description of the essential characteristics of the Product, delivery costs, chosen method of payment, delivery date/time, information on the right of withdrawal, etc.).
Order tracking
The Customer may at any time consult the status of his/her order by consulting the "My account" section on the Site. This tracking allows the Customer to know the status of the processing of his order, but also the status of the shipment or delivery of his packages. This last delivery tracking is carried out in interface with the Internet tracking means of the carriers. TSP cannot therefore be held responsible for any unavailability or errors that may affect the information provided by its carriers. TSP nevertheless endeavours to make this information as clear as possible and to make transport with its carriers as reliable as possible. The Customer may at any time contact TSP's customer service department in order to be informed of the progress of his order.
Proof of the order
The computerised registers, kept in TSP's computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties.
The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 4: Information on the Products
Characteristics of the Products
The photographs and graphics presented on the Site or in the e-mails sent by TSP are given for information purposes only and are for the most part provided by the suppliers. In particular, TSP cannot be held responsible for any difference in the perception of shapes and colours between the photographs or graphics presented and the Products. TSP will make its best efforts to ensure that the photographic representation of the Products on the Site is as faithful as possible. It is nevertheless possible that the perception of the Product(s) does not correspond completely to the Products. The Products are presented in photographs sometimes with other Products. The description will mention what is or is not part of the Product.
Availability of the Products
TSP undertakes to honour orders received only within the limits of available stocks of Products or within the limits of stocks available with its suppliers. If the Product(s) are not available, TSP undertakes to inform the Customer as soon as possible. TSP reserves the right to modify the assortment of Products depending in particular on the constraints imposed by its suppliers.
Availability may vary within the same day according to the level of sales. TSP updates availability very frequently, but cannot be held responsible if the stock is no longer the same as that indicated. More precise information can be given to the Customer by telephone and by e-mail.
The delivery times indicated in the description sheets may vary in the event of force majeure. They may therefore be subject to variations for which the Customer will be informed by TSP in his order tracking in the event of a slight delay or by e-mail in the event of a prolonged delay.
In the event that a Product ordered by the Customer is unavailable, in particular due to a halt in production or distribution by a supplier, TSP undertakes to inform the Customer by email as soon as it is aware of this unavailability.
TSP will then indicate to the Customer, if applicable, the new deadline within which the Product concerned will be made available and will offer him, if there is one, an equivalent Product.
In the event that the Customer refuses to wait for the availability of the Product, or refuses an equivalent Product, the Customer will be reimbursed the price of the Product if his/her bank account has been debited, within 14 days of the date of confirmation of this refusal.
TSP cannot be held responsible for the non-execution of the contract concluded in the event of stock shortage or unavailability of the Product, force majeure, disruption or total or partial strike, notably of the postal services and means of transport and/or communications, flooding, fire.
Product prices
The prices are indicated in euros, inclusive of tax, and are only applicable on the date the Customer sends validation of the order.
As the prices of TSP's suppliers are constantly changing, the prices displayed on the site may be modified at any time.
The prices do not take into account delivery costs, gift-wrapping costs, possible promotional offers and personal discounts, indicated before the final validation of the order.
The prices take into account the French VAT applicable on the day of the order and any change in the legal rate of VAT will automatically be reflected in the price of the Products presented on the site, on the date stipulated by the implementing decree. However, the prices cannot be modified once the Customer's order has been placed. Similarly, if one or more taxes or contributions, particularly environmental taxes, are created or modified, either upwards or downwards, this change may be passed on to the selling price of the items on the Site.
Orders to countries outside the European Union are not subject to French VAT. The prices indicated on the site for these orders are exclusive of tax. The Customer also undertakes to pay or to have paid, where applicable, directly to the forwarding agent or carrier, the customs duties, VAT or other taxes due on the importation of the Products into the country of delivery.
Article 5: Payment
The payment of the totality of the price of the Products (including delivery costs) is due as soon as the order is placed and will be made by the payment methods proposed by the Site. No discount is applied.
The Customer guarantees TSP that he/she has the necessary authorisations to use the method of payment chosen by him/her, when validating the order form. Purchases are debited from the Customer's account at the time the order is processed.
Generally speaking, the Customer guarantees TSP, when placing the Order, that he/she is fully authorised to use the means provided for the payment of his/her order and that he/she has the necessary authorisations, if any, to use the method of payment concerned
Payment methods
The Customer may pay for his/her order by credit card, Paypal, cheque or bank transfer:
by BANK CARD (Carte Bleue, Visa, Eurocard-Mastercard, American Express, Bancontact and E-carte bleue) or by Paypal: TSP uses all the necessary means to ensure the security and confidentiality of the data transmitted online. All your payments by bank card or PayPal take place on the secure server of the online payment solution via the secure payment platform MONETICO (CIC) certified PCI-DSS and approved 3D-Secure. This solution enables the encryption of your bank details during their transmission over the network. An encrypted connection is directly established between the Customer and the bank, without any banking information passing through the Site, which guarantees the complete confidentiality of the transaction. Consequently, your bank details will be requested for each new order.
TSP reserves the right to suspend any order processing and any delivery in the event of refusal to authorise payment by bank card by the officially accredited bodies or in the event of non-payment. TSP reserves in particular the right to refuse to make a delivery or to honour an order from a Customer who has not paid in full or only partially for a previous order or with whom a payment dispute is being administered.
Within the framework of an order verification procedure intended to ensure that no person uses the bank details of another person without their knowledge, the Customer may be asked to send a copy of an identity document and proof of address to TSP by fax or e-mail. The order will only be validated after receipt and verification by our services of the documents sent. If these documents are not received within 15 days of the order being placed, the order will be deemed to be cancelled automatically.
by PAYPAL: Paypal allows you to pay your order securely in the currency of your choice anywhere in the world. This currency will be automatically selected according to the country concerned.
by BANK TRANSFER: This method of payment is recommended for customers living abroad. The Customer must indicate the order number on the bank transfer order. The order will be definitively validated upon receipt and cashing of the transfer from the Customer, who will be informed by email. The transfer costs are to be borne exclusively by the Customer. When the Customer chooses this method of payment, the Site's bank details required to establish the transaction will be communicated to him via the secure server of the online payment solution. If payment is not made within 10 days, the Customer's order will be automatically cancelled.
3 or 4 times without fees: MONETICO FREE CREDIT PAYMENT OPTION, free credit without any fees repayable in 3 or 4 times offered by CIC France group
Invoice
The order form that the Customer draws up online or the order confirmation sent by e-mail to the Customer by TSP does not act as an invoice. The Customer has the original invoice in his online account. The invoice is not attached to the package. TSP keeps an electronic copy of each invoice. In the case of a delivery to an address different from the billing address, the invoice is in any case only available in the online order tracking of the Customer's account.
Transfer of ownership
TSP remains the owner of the Products delivered until the definitive and full payment of their Price by the Customer. The above provisions do not prevent the transfer to the Customer, upon receipt of the Products, of the risks of loss or deterioration of the Products subject to retention of title as well as the damage they may cause.
Article 6: Delivery
The Products are delivered to the address indicated by the Customer on the order form. The Customer must check the completeness and conformity of the information he provides to TSP. In the event of any data entry errors leading to consequences in terms of delay or error in delivery, all costs incurred for the re-shipment of the order will be entirely at the expense of the Customer.
TSP cannot be held responsible for delays in delivery due to errors or disruptions attributable to the carriers (including in particular in the event of a total or partial strike of the postal services and means of transport and/or communications).
Delivery zones
The geographical area of delivery of the TSP shop offer is as follows:
France and DOM-TOM: Metropolitan France, Corsica, Guadeloupe, Guyana, Martinique, Reunion, Monaco, New Caledonia, French Polynesia, Saint Barthélemy, Saint Martin
Europe: Andorra, Austria, Belgium, Bosnia-Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Guernsey, Hungary, Iceland, Ireland, Italy, Jersey, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, UK
World : Argentina, Australia, Bahamas, Bahrain, Barbados, Belize,Bermuda, Brazil, Bolivia, Canada, Chile, China, Colombia, Costa Rica, British Virgin Islands, Ecuador, Egypt, El Salvador, Greenland, Guatemala, Honduras, Hong Kong, Cayman Islands, South Africa, South Korea, USA, India, Indonesia, Israel, Jamaica, Japan, Lebanon, Malaysia, New Zealand, Nicaragua, Panama (Republic of), Papua New Guinea, Peru, Philippines, Dominican Republic, Russia, Saint Kitts and Nevis, Singapore, Taiwan, Thailand, Trinidad and Tobago, Turkey, United Arab Emirates, United States of America, Uruguay and Venezuela
The Customer may contact TSP's Customer Service Department for more information on the conditions of delivery to a specific country in the world. It is reminded that orders to countries outside the European Union are not subject to French VAT. However, they are subject to possible taxes and customs fees in the country of destination. These costs and the related formalities are to be paid by the Customer/consignee. They are to be paid directly to the carrier at the time of delivery. The Customer is also responsible for checking whether the Products ordered can be imported under the laws of the country of delivery. We recommend to contact the Customs Service for more information.
Delivery costs
The delivery costs are calculated according to the country of delivery at the time of the shopping cart and are definitively confirmed according to the mode of transport and the delivery destination chosen, before the final validation of the order.
Delivery costs are free for purchases of 80€ or more for Metropolitan France, up to a limit of 3kg. Beyond this limit of 3 kgs, shipping will be charged. For other countries, the costs are different and adapted according to the zones and the distance from France.
Delivery time
The delivery time will be indicated to the Customer during the Order placement procedure, prior to the validation of the Order and before payment.
TSP informs its Customers that these delivery times do not include Saturdays, Sundays and public holidays.
If it turns out that the delivery time cannot be met, a new delivery time will be communicated to the Customer, according to the data known by TSP. In this case, a proposal for cancellation of the order, a credit note or a refund will also be made to the Customer.
In any event, the maximum delivery time is thirty (30) working days from the date of the Product Order, unless otherwise indicated to the Customer before the Order is placed.
If an Order contains Products that can be delivered on different dates
the Customer may choose to receive the Products separately according to the dates indicated on each Product sheet by contacting TSP's Customer Service: this option may, however, entail a higher contribution by the Customer to the delivery costs, which will be indicated to him/her by Customer Service;
if no option is chosen, the Customer will receive the Order in one go, according to the latest delivery date.
An e-mail is automatically sent to the Customer when the Products are shipped.
Delivery methods in Metropolitan France
Delivery in a Relais Colis (usually 48 hours)
This method of delivery allows the Customer to receive his parcel in the nearest Relais Colis from Tuesday to Saturday, excluding public holidays, within 24 to 72 hours. The order must be placed from Monday to Friday before 11am for delivery from the following afternoon (except public holidays). Orders placed from Friday afternoon to Sunday inclusive will be delivered from Tuesday afternoon. The Customer will be informed by e-mail as soon as the parcel arrives at the chosen delivery point. The parcel remains available for 10 working days and 14 calendar days. After this period, the parcel will be returned to the TSP warehouses.
Standard delivery by Colissimo (usually 48 hours)
This method of delivery allows the Customer to receive the parcel within 48 hours of dispatch thanks to the Post Office and the Colissimo Expert or Profil service (excluding the time required to process and prepare the order, which may take from 1 to 2 days). Deliveries are made from Monday to Saturday morning, except on public holidays. The cost of this option depends on the weight and total volume of the items ordered.
The parcel is picked up by the Post Office and delivered against signature to the delivery address indicated by the Customer. If the Customer is absent at the time of delivery, a delivery notice is left at the delivery address indicated by the Customer, which allows the Customer to collect the package from the nearest post office. The packages are kept pending at the Post Office for 15 calendar days. If the Products are not collected within the time limit set by the carrier, they will be returned to TSP, which reserves the right to reimburse the price of the Products, with the shipping costs remaining payable by the Customer.
Express delivery by Chronopost (usually 24 hours)
This method of delivery allows the Customer to receive the parcel within 24 hours from the date of dispatch thanks to Chronopost (excluding the time required to process and prepare the order, which may take from 1 to 2 days). Deliveries are made from Monday to Friday, except on public holidays. The cost of this option depends on the weight and total volume of the items ordered.
The parcel is picked up by Chronopost and delivered against signature to the delivery address indicated by the Customer. The Customer must ensure that he/she provides information on the access conditions to the delivery address (code, building, floor, door, etc.), as well as a telephone number where the Customer can easily be reached. In the event of absence, a delivery notice is left at the delivery address indicated by the Customer, which allows the latter to collect the parcel at the address and according to the procedures indicated by the carrier. The packages are kept pending at the Post Office for 15 calendar days. If the Products are not collected within the time limit set by the carrier, they will be returned to TSP, which reserves the right to reimburse the price of the Products, with the shipping costs remaining payable by the Customer.
Means of delivery outside metropolitan France
In Europe and abroad, delivery is made via various carriers: Colissimo, Chronopost, UPS (USA-Asia-Australia zone), etc. The costs incurred depend on the country of destination, the weight and the total volume of the items selected. The costs and delivery times are indicated to the Customer before the final validation of the order.
Packaging
The Products are packaged in such a way as to comply with current transport standards and to ensure optimum protection of the Products during delivery. The Customer is asked to respect these same standards when returning a Product, whether it is for after-sales service or for a return for convenience. In the event of a return of a Product, if we find that the Product is returned to us damaged due to inadequate packaging, TSP may decide to reimburse only part of the Product or refuse to reimburse it if it cannot be resold in its current state.
Gift Wrapping
TSP offers its Customers a gift-wrapping service for non-bulky objects, such as knives and small decorative objects. Bulky or cumbersome objects cannot benefit from gift wrapping. A flat fee is charged for the gift wrapping service, the amount of which is clearly indicated in the basket summary.
Effect of delivery
The transfer of risks occurs upon delivery, when the Customer takes physical possession of the Products at the delivery address indicated by the Customer, or from the Carrier. The taking of possession of the Product is validated by the control and traceability system used by the carrier.
If, upon delivery, the external appearance of the package is not perfect, the Customer or the recipient of the Products shall open the package in the presence of the carrier in order to check the condition of the Products. In the event of damage resulting from transport, the Customer must refuse the damaged Products and indicate "refusal for damage" on the return form.
Without prejudice to the guarantees from which the Customer benefits, for any complaint relating to an apparent defect or damage at the time of delivery of the Product, the Customer must contact Customer Services as soon as possible in order, on the one hand, to preserve TSP's rights vis-à-vis the carrier and, on the other hand, in the event that the Product is still in the Customer's possession, to initiate the return procedure.
In the absence of any reservation, the Product is deemed to have been accepted by the Customer and may not be the subject of any dispute concerning its delivery. The Customer must inform TSP by e-mail as soon as possible, so that TSP can take the necessary measures as soon as possible.
In the event of a refusal or return of the delivery due to damage to the Product resulting from transport, the Customer may request a new delivery or the cancellation of his order.
Delay in delivery attributable to the carrier
In the event of a delay in delivery in relation to the times announced by the carriers, the Customer must first contact the carrier or its distribution office in the case of the Post Office, to see if the package is not pending. If necessary, the Customer can contact by telephone or by e-mail the TSP Customer Service in order to open a file of dispute or investigation to carry out a research of the parcel.
It happens that parcels are lost by the carriers. The deadlines imposed by the carriers mean that the Customer must declare the loss within 10 days of receiving the dispatch notice from TSP. Under these conditions, TSP will make the necessary claims with the carrier concerned. Once the claim and the opening of an investigation have been carried out, it may take 3 to 4 weeks for the carrier to return the package.
If the parcel is found, it will be sent back to the Customer's home immediately. In the event that the package is not found, the Customer may then request the return of the same Product (within the period of availability) at the expense of TSP or the reimbursement of the amount paid. If the Product(s) ordered were no longer available at that time, TSP will refund the amount of the Products concerned by the loss of the carrier.
Article 7: Right of withdrawal, return and exchange
Right of withdrawal
Time limit for retraction
In application of Article L. 121-21 of the French Consumer Code, the Customer has a maximum period of fourteen clear days from receipt of the Product to exercise his right of withdrawal without penalty, with the exception of the cost of returning the Products concerned.
Return procedure
The exercise of this right by the Customer is carried out :
- either by logging on to the TSP site in the "Manage my orders" section of My Account: simply tick the Product and the quantities to be returned and validate by clicking on "Validate your return request". The Customer's request for return will then be studied and by return email, TSP will send a return number to be affixed to the parcel, as well as the address where to send the returned articles;- either by contacting TSP's Customer Service, by the contact form, by email or by telephone, which will indicate the procedures to follow;
- or by any unambiguous statement, expressing his clear desire to withdraw, addressed to TSP, indicating his name, his full contact details, the date of receipt of the Product(s), the reference of the order concerned and the Product(s) for which the right of withdrawal is exercised (TSP invites you, as a precaution, to send this statement by registered letter with acknowledgement of receipt).
Return of the Product
The Customer must return the Product ordered within a maximum period of 14 days following the exercise of his right of withdrawal, to the following address
TSP SARL having its registered office at 5/6 avenue Henri Poincaré P.A. Ravennes les Francs - 59910 BONDUES (France)
TSP suggests to the Customer to carry out the return of his Products by registered mail or provided with an additional insurance, guaranteeing him, if necessary, the compensation of the Products to the extent of their real market value in the event of spoliation or loss of this goods.
The customer returns the Products at his/her own risk. We recommend keeping a proof of return to facilitate procedures in the event of problems occurring during transport.
Except in the case of a lack of conformity or hidden defects in the Product, the cost of returning the goods is borne by the Customer.
The returned Products must be intact, in perfect condition for resale, in their original packaging. They must not have been used, nor have they suffered any deterioration, however slight, and they must be in a perfectly clean condition. Any Product that is damaged, incomplete (lack of accessories, instructions, etc.) or whose original packaging is damaged, will not be refunded or exchanged.
Effects of withdrawal
If you withdraw from this contract, we will refund all payments received from you, including delivery costs (except for any additional costs arising from the fact that you have chosen a delivery method other than the cheaper standard delivery method offered by us) without undue delay and in any event no later than fourteen days from the day we are informed of your decision to withdraw from this contract. We will make the refund using the same method of payment as you used for the original transaction, unless you expressly agree to a different method; in any event, there will be no charge to you for the refund. We may defer the refund until we have received the goods or you have provided proof of dispatch of the goods, whichever is the earlier.
Exception to the right of withdrawal
The exercise of the right of withdrawal is excluded for the following contracts
- contracts for the supply of goods made to the consumer's specifications or personalised with an engraving or logo;
- contracts for the supply of goods that are likely to deteriorate or expire rapidly;
- contracts for the supply of a newspaper, periodical or magazine, except for contracts for subscriptions to such publications;
- contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection
Refund period and terms
The refund of the sums paid by the Customer (including the outward delivery costs) will be made, at the latest, within 14 days from the day of receipt of the returned Product and according to the method of payment used for the Order. However, another method of payment may be chosen by TSP with the express prior agreement of the Customer and at no additional cost. If the right of withdrawal is exercised for only part of the Order, only the price invoiced for the returned Products will be reimbursed. In the event of a partial cancellation of the Order, the Customer who, at the time of the initial Order, benefited from free delivery due to the fact that the amount of the Order exceeded a certain level, may be re-invoiced for the delivery costs corresponding to the actual Order, if the latter fell below the free delivery threshold. The customer will be reimbursed for the cost of return shipping on a normal rate basis, so in no case will he/she be reimbursed for the express return shipping.
Exception to the right of withdrawal
As an exception, the right of withdrawal may not be exercised for products made to the consumer's specifications or clearly personalised (Article L121-21-8 of the French Consumer Code).
The Products concerned by the exclusion of the right of withdrawal (in particular Products that have been customised) are indicated as such to the Customer, prior to the Order, in the description sheets.
Article 8: Guarantees
The Customer benefits from the legal guarantee of conformity:
TSP, in its capacity as seller, is obliged to deliver to the Customer a Product that conforms to the contract and is liable for any defects in conformity existing at the time of delivery, as well as for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been made its responsibility by the contract or has been carried out under its responsibility (article L. 211-4 of the Consumer Code);
To be compliant, the Product must, according to the provisions of Article L. 211-5 of the Consumer Code:
"1) be fit for the purpose usually expected of similar goods and, where applicable : - correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; - have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling; 2) or have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by him."
The Customer has a period of two years from the delivery of the Product to act, failing which his action will be prescribed (art. L. 211-12 of the Consumer Code);
The Customer is exempted from proving the existence of the lack of conformity of the Product during the six months following the delivery of the goods. This period is extended to twenty-four months as of 18 March 2016;
The Customer may choose between repairing or replacing the good, unless this would entail a cost that is clearly disproportionate, given the value of the good or the importance of the defect, compared to the other option (Articles L. 211-9 and 10 of the Consumer Code);
If repair and replacement of the goods are impossible, the Customer may return the goods and have the price returned or keep the goods and have part of the price returned.
The legal guarantee of conformity applies independently of the commercial guarantee that may cover the Product.
The Customer benefits from the legal guarantee against hidden defects:
TSP, in its capacity as seller, is bound "by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known about them" (article 1641 of the Civil Code);
The Customer can then choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code
He has a period of two years from the discovery of the defect to act, failing which his action will be prescribed (Article 1648 of the Civil Code);
To benefit from the legal guarantee of conformity or the guarantee of hidden defects, the Customer must contact TSP's Customer Service and agree on the methods for returning the Product concerned.
Article 9: Responsibility
Compliance with French standards
The Products offered comply with the French legislation in force and the standards applicable in France. TSP cannot be held responsible in the event of non-compliance with the legislation of the country where the Product is delivered. It is the Customer's responsibility to check with the local authorities the possibilities of importing or using the Products he/she intends to order.
Use of the Products
Prior to any order and any use of the Products, the Customer must read all the information provided on the Site, find out about the characteristics and components of the Products and ensure that they are compatible with the use they wish to make of them.
The Customer undertakes to systematically follow the advice for use given by the manufacturer on the packaging and in the instructions for use of the Products before any use. For any additional information concerning the characteristics of the Products, TSP's Customer Service is available to the Customer.
TSP's liability is limited to direct and foreseeable damage which may result from the Customer's use of the Internet Site and the Products. TSP shall not be liable for any damage resulting from a fault of the Customer in the use of the Products.
No liability for defective Products
The Customer is expressly informed that TSP is not the manufacturer of the Products presented on the Site, within the meaning of the legal provisions relating to liability for defective Products (articles 1386-1 et seq. of the Civil Code).
Consequently, in the event of damage caused to a person or property by a defective Product, only the manufacturer of the latter may be held liable by the Customer, on the basis of the information appearing on the packaging of the said Product.
Use of the Site
The use of the Site implies the knowledge and acceptance by the Customer of the characteristics and limits of the Internet and the technologies linked to it, the lack of protection of certain data against possible misappropriation or piracy and the risk of contamination by possible viruses circulating on the network.
As TSP is itself dependent on the quality of the Internet network, it does not guarantee the continuity of the Site and does not ensure the correction of defects observed on the Internet network. Consequently, TSP cannot be considered responsible for any unavailability of the Website or any difficulty in connection or interruption of the connection (malfunctioning of the servers, telephone line or any other technical connection) when using the Website or, more generally, for any disruption of the Internet network affecting the use of the Website.
Hypertext links may lead to sites other than the Site. TSP declines all responsibility in the event that the content of these sites contravenes the legal and regulatory provisions in force.
Article 11: Protection of personal data
In order to process orders, TSP processes personal data concerning the Customer, identified as compulsory in the forms appearing on the Site.
TSP undertakes to respect the confidentiality of personal data communicated by Customers on the Site and to process them in compliance with the French Data Protection Act of 6 January 1978, as amended and currently in force.
The database set up by TSP for this purpose has been declared to the CNIL and a commitment of conformity dated 16 October 2009, in accordance with the requirements of the Data Protection Act.
The Customer's personal data is collected and processed by TSP for the purpose of processing Orders.
Depending on the choices made when creating or consulting their accounts on the Site, the Customer will choose whether or not they wish to receive commercial or promotional offers from TSP and/or its partners by e-mail. If a Customer no longer wishes to receive such offers, he may at any time make a request to this effect by clicking on an electronic link available in the emails and newsletters or by modifying his account directly on the site.
TSP may be required to communicate this data for the purposes of processing and delivering orders by its service providers, or for after-sales service, and to carry out satisfaction surveys.
In accordance with Article 18 of the RGPD, you have the right to limit the processing in the event that:
-you contest the accuracy of the data
-the data processing is unlawful but you object to the deletion
-we no longer need the data but they remain necessary for the establishment, exercise or defence of your legal rights
Article 12 - Suspension - Termination
The Customer may exercise his individual right of access to the file, his right of opposition, rectification or deletion of the data concerning him, either by modifying his personal information in the "My Account" space in the "Help" section, or by sending his request to TSP (indicating e-mail address, surname, first name, postal address), by e-mail to the address contact@laguiole-art.comou or by post to the address of TSP.
In the event of a breach by the Customer of one of his contractual obligations, in particular in the event of a payment incident, TSP reserves the right to suspend the Customer's access to the Site and to TSP's services, or even to terminate his account, depending on the degree of seriousness of the breaches. TSP reserves the right to refuse any order from a Customer with whom there is any dispute.
TSP uses data collection systems such as cookies. A cookie is a computer file stored on the hard disk of the user's computer. Cookies make it possible to signal a previous visit by the user to the site and to link the user to his personal data left on the site, particularly in the context of identifying the order basket.
When the Site Visitor or Customer connects to the Site for the first time, a message appears to indicate how to accept or refuse cookies.
Article 12 - Suspension - Termination
The Customer may terminate his registration on the Site and close his account at any time. To this end, the Customer shall send his request for termination to Customer Services.
In the event of the Customer failing to fulfil one of his contractual obligations, in particular in the event of a payment incident, TSP reserves the right to suspend the Customer's access to the Site and to TSP's services, or even to terminate his account, depending on the degree of seriousness of the failures. TSP reserves the right to refuse any order from a Customer with whom there is any dispute.
For any information on data protection, please contact by email contact@laguiole-art.com
Article 13: Intellectual Property
All the elements published within the Internet Site, such as sounds, images, photographs, videos, writings, animations, programmes, graphic charter, utilities, databases, software and other underlying technology are protected by the provisions of the Intellectual Property Code and belong to TSP.
All illustrations, images and logos appearing on the Products, their accessories or their packaging, whether registered or not, are and remain the exclusive property of TSP, with the exception of the rights held on the visuals of the Products, brands and logos of the suppliers of the Products presented on the Site.
Any total or partial reproduction, modification or use of these brands, illustrations, images and logos, for whatever reason and on whatever medium, without the express prior agreement of TSP, is strictly prohibited.
Apart from any solicitation on its part, TSP prohibits any hypertext link to the Site. A Customer wishing to place a link on his personal Internet site referring directly to the home page of the Site must first request express authorisation from TSP. Any authorisation given by TSP shall in no case constitute an implicit affiliation agreement and shall in no case be given on a definitive basis. Upon simple request from TSP, this link must be withdrawn.
Article 14: Applicable law and competent jurisdiction
The General Conditions of Sale are subject to French law. Only the French version of these General Terms and Conditions of Sale is authentic.
In the event of any difficulty arising from the Order, the delivery of the Products and, more generally, from the execution of the sale, the Parties shall seek an amicable solution together, before taking any legal action, with the Customer having the possibility of being assisted by a consumer association or any other counsel of his/her choice.
Any dispute that may arise from the interpretation or execution of the General Terms and Conditions of Sale and its consequences shall be brought before the competent courts.