CGV - CGU
Article 1. Purpose and scope
1.1 These T & Cs define the terms and conditions applicable between the Internet user and Terre d'Ania (detail on "legal notices") for any purchase made on the website www.terre-d-ania.com
1.2 The products sold on the site are intended for any Internet user, natural person, at least 18 years old and legally recognized as being able to contract a purchase. 1.3 The GTC govern the relations, obligations and rights between the Internet user ordering from Lands of Ania on the site.
1.4 These T & Cs constitute with the online order the contractual documents opposable to the parties and apply to the exclusion of all other conditions. They can be consulted at any time on the website www.terre-d-ania.com and will prevail, where applicable, over any other version or any other contradictory document, in particular the General Conditions of Purchase. These General Conditions of Sale will remain in force for the period necessary for the supply of the products ordered until the expiry of their guarantees.
1.5 The Customer declares
• have read these General Conditions of Sale and the general conditions of use
• and have accepted them by checking the box provided for this purpose before implementing the online ordering procedure.
The validation of the order by the Customer implies acceptance without restriction or reservation of these General Conditions of Sale in force on the day of the order.
Article 2. Geographical limit
The products are marketed and sold exclusively in mainland France.
For deliveries outside mainland France, a “request for quotation” form is available: it allows you to study any other request to meet the needs of Internet users outside this area.
Article 3. Products, prices and availability
3.1 We offer you a wide range of products relating to the arts of fire. Raw materials such as earth or glass, clay shaping tools, coloring pigments, firing ovens for ceramics, raku or fusion and our renowned potters' wheels. The Customer is required to read the description of each Product in order to know its properties and essential features, before placing any order. The choice and purchase of a Product is the sole responsibility of the Customer. The Products sold on the website comply with the regulations in force in France (personal safety and health, fairness of commercial transactions, consumer protection, etc.)
The products likely to be ordered by the customer from Terres d'Ania are described in terms of their name, composition and price on the website www.terre-d-ania.com as well as on the documentation distributed by Terres d'Ania. Any photos of the products presented on the site or in the documentation of any kind disseminated by Terres d'Ania have no contractual value. The responsibility of Terres d'Ania cannot therefore be engaged in this respect.
The customer's attention is particularly drawn to the fact that the consumables marketed by Terres d'Ania (clay, enamels, colors, raw materials, glasses, etc.) are made from natural materials, the reactions and behavior of which may vary in different conditions. client applications. It is imperative that the customer carries out tests (raw, cooking and aging tests in particular) before the final use of these raw materials in order to verify their behavior. The responsibility of Terres d'Ania as for a possible lack of conformity of the products can not be engaged if the customer has not carried out these preliminary tests in accordance with the applications planned for the said products.
3.2 The prices indicated on the site are in euros all taxes included, transport not included (see articles 4 and 5). Prices may vary according to market fluctuations, in all cases the price applied is that in force at the time of placing the order. The fact, for the Customer, of validating his order implies the obligation at his expense to pay the price indicated by the Seller.
3.3 The products are available as long as the stock appears on the product sheet. If the product is no longer in stock when creating an order, the Internet user is informed. A possibly longer period as well as a variation of the tariff are then possible (if the market fluctuates).
3.4 In the event of damage or force majeure beyond our control, the product may be unavailable. In this case we will immediately contact the Customer to find an alternative together.
Article 4. Delivery and deadline
4.1 Delivery is made by carrier or by us or by post depending on the volume. The Customer has the choice of delivery method when placing the order. The Customer specifies when ordering the address where he wishes to be delivered. This address must be easily accessible to the carrier. The Customer is required to do his own business to present himself at the time of delivery. If a second presentation should be invoiced by the carrier following the absence of the Customer during delivery, the costs inherent in this additional service will be invoiced to the Customer by Terres d'Ania. The customer is required to check the condition of the packaging and the products delivered, and to make the necessary reservations with the carrier if necessary.
4.2 The transport costs are indicated on our site, the actual amount of transport costs depends on your total basket (see article 5). For bulky products (ceramic kilns, enamelling booths, etc.) and / or deliveries with sea transport, specific and suitable packaging may be necessary. In this case, an additional estimate will be sent by Terres d'Ania to the Customer, specifying the amount of the packaging costs.
4.3 The time indicated at the time of the order is indicative and independent of incidents and unforeseen events that may arise during this delivery stage. However, the delivery time may not in any case exceed 60 days.
4.4 Transfer of ownership and risks The transfer of ownership of the Seller's Products, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said products. Whatever the date of the transfer of ownership of the products, the transfer of the risks of loss and damage relating thereto will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of the Seller.
Article 5. Order / Basket, our process
Ordering is carried out in several stages:
• You add one or more products to your order basket by clicking on the "purchase / add to basket" icon.
• Your basket appears at the top right of the screen, you have access to it at any time with a simple click and can modify its content. The shipping costs indicated take into account your total basket and may differ from the amount you saw on a single item during your purchases.
• When your purchases are finished you must identify yourself (email address + password). If you are a new customer, you must create a customer account.
• You confirm your order by checking the box "I acknowledge having read the general conditions of sale and accept them without reservation"
• At this stage, the Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is therefore the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.
• You validate and pay for your order to confirm your purchase.
• At this stage, the Customer is invited to follow the instructions of the online payment server. In order to ensure the security and confidentiality of bank details, payment is made directly through the banking module of Banque Populaire Grand Ouest, thus enabling data to be encrypted and transmitted over the banking network. Once the payment has been validated by the Customer, all of the information communicated by the latter, and in particular the quantity ordered and the delivery address, can no longer be modified. The validation and payment of the order imply the acceptance of all of these General Conditions of Sale and constitute proof of the sales contract.
• After payment and confirmation of your purchase you will receive an acknowledgment of receipt by email recapitulating in detail its content.
• Upon receipt of your payment in our information system, we will prepare your order and ship it.
• However, we reserve the right to cancel a customer order in the event of a dispute over payment for a previous order or for any other reasonable reason such as the unusual nature of the order. The customer will then be informed by email of his cancellation with the reason for the refusal. *
Article 6. Seller's liability, warranty and after-sales service
6.1 We are committed to providing you with our products in the best conditions, ensuring you a service corresponding to your expectations and are always at your disposal.
6.2 We guarantee the delivery of a compliant product, in working order and guaranteed against hidden defects.
6.3. All products supplied by Terres d'Ania benefit from the legal guarantee of conformity provided for in articles L.217-4 et seq. Of the Consumer Code and the guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.
Guarantee of Conformity:
The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility. To be in conformity with the contract, the good must be suitable for the use usually expected of a similar good and correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer; present 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; or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
It is recalled that within the framework of the legal guarantee of conformity, the customer:
• Benefit from a period of 2 years from the delivery of the goods to act against the seller;
• Can choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code.
• Is then exempt from providing proof of the existence of the lack of conformity during the twenty-four months following delivery of the product.
Guarantee against hidden defects: The Customer may decide to implement the guarantee against hidden defects of the Product within 2 years from the discovery of the defect, in accordance with article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a deduction from the sale price in accordance with article 1644 of the Civil Code.
Commercial warranty: Terres d'Ania offers a one-year commercial warranty for the equipment sold from the date of delivery, excluding thermocouples and ceramic furnace resistances. This warranty relates exclusively to parts and labor for the repair of the equipment in the workshops of Terres d'Ania. This warranty does not cover damage or failure due to improper use of the product. The return of the material to our workshops (located at ANCENIS 44150) is the responsibility of the Customer.
Procedure for implementing guarantees: In order to assert his rights, the Customer must inform the Seller in writing (postal mail, e-mail, fax) of any reservations or complaints for non-compliance or apparent defect of the Products delivered with all the supporting documents, and return or bring back to the store the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions, etc.). The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered for which the lack of conformity or the apparent or hidden defects have been duly proved by the Customer, under the conditions provided for in Articles L 217-4 et seq. Consumer Code and those provided for in these General Conditions of Sale. Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed on presentation of supporting documents. Refunds for products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days of the Seller's finding of the lack of conformity or the hidden defect. Reimbursement will be made by credit to the Customer's bank account or by check sent to the Customer.
Case of excluded liability: The Seller's liability cannot be engaged in the event of non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify, in the event of misuse, negligence or failure to maintenance by the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-conforming Products or those affected by a defect.
6.4 The description of the products on the site www.terre-d-ania.com may differ from reality, despite efforts to update. The content of the site aims to inform the consumer as well as possible. However, we invite you to check the accuracy of the information by contacting our customer service, by email or by phone, at 02.40.83.98.12.
6.5 If you encounter a difficulty or a non-conformity, contact our customer service by telephone on 02 40 83 98 12 or by email firstname.lastname@example.org specifying the reference of your order and / or your invoice number.
Article 7. Withdrawal, return costs and reimbursement
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, at the end of the exchange. or refund, provided that the Products are returned in their original packaging and in perfect condition within 10 days of notifying the Seller of the Customer's decision to withdraw.
Returns are to be made to the address of the company mentioned herein, in their original summer and complete (packaging, accessories, instructions, etc.) allowing them to be returned to the market in new condition, accompanied by the invoice for purchase. Damaged, soiled or incomplete Products will not be taken back.
The right of withdrawal is exercised by sending a withdrawal form available on the website, by post or electronically. An acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product (s) purchased and the delivery costs will be reimbursed, the return costs remaining the responsibility of the Customer.
The exchange (subject to availability) or reimbursement will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article. However, the Seller may defer the reimbursement until recovery of the products or until the Customer has provided proof of shipment of these products. The date chosen is that of the first of these facts.
The Seller will proceed with the refund using the same means of payment as the one that the Customer will have used for the initial transaction, unless the Customer expressly consents to a different means offered by the Seller.
The right of withdrawal is excluded in the cases appearing in the appendix to the withdrawal form available on the "Contact" tab of the site www.como-ceramique.com .
Article 8. Method of payment and security
The price is payable in cash, in full on the day the Customer places the order by credit card via the secure online payment system of Banque Populaire Grand Ouest.
Payment will be debited when the order is placed. The transaction is debited from the Customer's Bank Card after verification of its data, upon receipt of the debit authorization from the company issuing the bank card used by the Customer. In case of refusal from said centers, the order will be automatically canceled and the Customer will be notified by email.
In accordance with article L132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable, except in the event of loss, theft or fraudulent use of the card or related data. to its use.
Thus, by providing the information relating to his bank card, the Customer authorizes the Seller to debit his bank card for the amount corresponding to the total amount of the order. To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name appearing on his bank card is indeed his. The Customer communicates the 16 digits and the expiration date of his credit card as well as, where applicable, the numbers of the visual cryptogram and is invited to follow the online payment procedure.
In order to guarantee that no one is using a bank card fraudulently, the Seller reserves the right to verify the personal data communicated by the Customer. The latter may then be requested, by post or by email, for a copy of his identity card and / or proof of address and / or a bank document (RIB or canceled check). Failure to respond within 2 days of the request will automatically result in the cancellation of the order and without any possibility of subsequent complaint.
Article 9. Applicable law and mediation
Our GTC are subject to French law in the event of litigation or litigation.
However, the customer is invited to contact our customer service as a priority (contact details see article 6.5) who will endeavor to find an amicable solution to the incident.
If despite our mutual efforts we do not find an amicable solution, we will suggest that you contact the consumer mediator free of charge.
Article 10. Personal data & GDPR
Our site collects personal data as soon as you create a customer account and therefore buy on our site.
These data are protected by the general data protection regulations that we apply to secure them.
The Director of Operations of Terres d'Ania, Ms. Blandine COURAULT, is responsible for processing this data.
The data is collected when creating the customer account: Name / first name / Billing address / delivery address / email address / telephone number
The Customer directly fills in the information required when creating his Customer Account.
The purpose of collecting this data is to identify the customers of the www.terres-d-ania.com site in order to provide them with the best possible service.
The sole recipient of this data is Terres d'Ania. By collecting this data for the sole purpose of serving its customers, Terres d'Ania undertakes not to disseminate or sell this data without the prior consent of its customers.
The data is kept for the duration of the activation of the customer account and for 3 years from the last activation of the account, unless expressly requested in writing to customer service.
In accordance with the regulations in force, you have the right to information, access, rectification, erasure, opposition, limitation, portability and communication of said data. To exercise this right, send a request by email to our customer service email@example.com, specifying your identity and your customer number, the subject of your request and proof of your identity.
Article 11. Amendments to the GTC
Given the regular changes to the site, COMO CERAMIQUE SERVICES reserves the right to modify these General Conditions of Sale at any time and without notice and undertakes to put them online and accessible as soon as they are published. However, the applicable General Conditions of Sale are those in force at the time the order is placed.
Article 12. Pre-contractual information
The Customer acknowledges having had communication, prior to placing his order, in a readable and understandable manner, of these General Conditions of Sale and of the General Conditions of Use and of all the information and information referred to in Articles L111-1 to L111-8 of the Consumer Code, and in particular:
- the essential characteristics of the Product, taking into account the communication medium used and the Product concerned;
- The price of the Products and ancillary costs;
- The date or the deadline at which the Seller undertakes to deliver the Product;
- Information relating to the identity of the Seller, his postal, telephone and electronic contact details, and his activities, if it does not appear from the context;
- Information relating to legal guarantees and their implementation methods;
- 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, modalities of exercise of this right and standard form of withdrawal), the costs of returning the Products, the terms of cancellation and other important contractual conditions.
- The fact, for a natural person to order on the site www.terre-d-ania.com implies full and complete acceptance and acceptance of these General Conditions of Sale, which is expressly recognized by the Customer, who waives, in particular, to take advantage of any contradictory document, which would be unenforceable against the Seller.