Terms of sale
ARTICLE 1 - Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales made by L'art de la table ("the Seller") to consumers and non-professional buyers ("the Clients" or "the Client"), wishing to purchase products offered for sale by the Seller ("the Products") on the website
www.lartdelatable.org.
They specify in particular the conditions for ordering, payment, delivery and management of any returns of Products ordered by Clients.
These General Terms and Conditions of Sale may be supplemented by specific conditions, set out on the website, prior to any transaction with the Client.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, in particular those applicable to in-store sales or through other distribution and marketing channels.
They are accessible at any time on the website
www.lartdelatable.organd shall prevail, where applicable, over any other version or contradictory document.
As these General Terms and Conditions of Sale may be subject to subsequent amendments, the version applicable to the Client's purchase is the one in force on the website on the date the order is placed.
ARTICLE 2 - Products offered for sale
The Products offered for sale on the website
www.lartdelatable.orgare as follows:
garden chairs
garden furniture sets
garden tables
The main characteristics of the Products, in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website
www.lartdelatable.org.
The Client must read this information before placing any order. The choice and purchase of a Product is the sole responsibility of the Client.
Photographs and graphics presented on the website
www.lartdelatable.orgare not contractual and shall not engage the Seller's liability.
The Client must refer to the description of each Product in order to know its properties and essential characteristics, as well as delivery times and, in the case of continuous or periodic supply of goods, the minimum duration of the proposed contract.
Contractual information is presented in French and is confirmed at the latest when the Client validates the order.
ARTICLE 3 - Validity period of Product offers
Product offers are valid within the limits of available stock, as specified when the order is placed.
ARTICLE 4 - Seller's contact details
The Seller's contact details are as follows:
L'art de la table / Aveline Maxence
13 bis avenue marechal foch
34240 Lamalou les bains, France
Email: avelinemaxence5@gmail.com
Phone: 0679884999
In accordance with the French Data Protection Act of 6 January 1978, as strengthened and supplemented by the GDPR (General Data Protection Regulation), which came into force on 25 May 2018, the Client has, at any time, a right of access, rectification, objection, erasure and portability of all their personal data by writing, by post and providing proof of identity, to the Seller's address mentioned above.
Validation of the order by the Client constitutes acceptance, without restriction or reservation, of these General Terms and Conditions of Sale.
The Client acknowledges having the capacity required to enter into a contract and purchase the Products offered on the website
www.lartdelatable.org.
ARTICLE 5 - Orders
5-1. Placing the order. It is up to the Client to select on the website
www.lartdelatable.orgthe Products they wish to order, in accordance with the following procedures:
The Client has the option to check the details of their order, its total price, and correct any errors before confirming acceptance. It is the Client's responsibility to verify the accuracy of the order and to report or correct any error immediately.
An order is registered on the website
www.lartdelatable.orgwhen the Client accepts these General Terms and Conditions of Sale by ticking the box provided for this purpose and validates their order. This validation implies acceptance of the entirety of these General Terms and Conditions of Sale as well as the general terms of use of the website.
The sale is only final after the Seller has sent the Client confirmation of acceptance of the order by email, which must be sent without delay and after the Seller has collected the full price.
Any order placed, validated by the Client and confirmed by the Seller, under the conditions and according to the procedures described above, on the website
www.lartdelatable.orgconstitutes the formation of a distance contract between the Client and the Seller.
Unless proven otherwise, data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to payment for a previous order.
The Client can track the progress of their order on the website
www.lartdelatable.orgin the "Order tracking" section.
The Seller does not intend to sell the Products on the website
www.lartdelatable.orgto professionals, but only to consumers or non-professionals, for their personal use. The Seller therefore reserves the right to refuse orders for the same Product in large quantities exceeding 10.
5-2. Order modification. Any modification to the order by the Client can only be taken into account by the Seller within the limits of its possibilities and provided it is notified by email to the following address: avelinemaxence5@gmail.com to the Seller at least 14 days before the scheduled shipping date of the order.
Should these modifications not be accepted by the Seller, any sums paid when the order was placed by the Client will be refunded to them within a maximum period of 10 days from notification of the impossibility of accepting the modifications requested by the Client (unless the Client prefers to receive a credit note or exchange).
5-3. Order cancellation. Orders may be cancelled by the Client, other than through the exercise of the right of withdrawal or in the event of force majeure, at least 14 days before the scheduled date for supply of the Products ordered, at no cost to the Client.
ARTICLE 6 - Prices
Products are supplied at the prices in effect on the website
www.lartdelatable.org, at the time the order is registered by the Seller. Prices are expressed in Euros, inclusive of all taxes.
Prices take into account any discounts that may be granted by the Seller on the website.
These prices are fixed and non-revisable during their period of validity, as indicated on the website, the Seller reserving the right, outside this period of validity, to modify prices at any time. They include processing, shipping, transport and delivery costs.
The payment requested from the Client corresponds to the total amount of the purchase, including these costs.
ARTICLE 7 - Payment terms
The price is payable in full, in cash, on the day the order is placed by the Client, by secure payment, according to the following methods:
By credit card: Credit Card, Visa, MasterCard, American Express, Maestro
PayPal, Shop Pay
Payment by credit card is irrevocable, except in the event of fraudulent use of the card. In this case, the Client may request cancellation of the payment and the return of the corresponding sums.
ARTICLE 8 - Deliveries
Products ordered by the Client will be delivered to mainland France and internationally.
The delivery time corresponds to the shipping time indicated on the Product page, plus processing and transit time. Products are delivered within an average of 3 to 7 days to the address given by the Client when placing their order on the website.
Delivery consists of the transfer to the Client of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, ordered Products will be delivered in a single shipment.
The Seller undertakes to make every effort to deliver the products ordered by the Client within the timeframes specified above. However, these timeframes are given for information purposes only. If the ordered Products have not been delivered within 30 days of the indicative delivery date, for any reason other than force majeure or an act of the Client, the sale may be cancelled at the Client's written request under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. Sums paid by the Client will then be refunded no later than fourteen days after the date the contract is terminated, excluding any compensation or deduction.
In the event of non-conformity of the delivered Product, the Seller undertakes to remedy the situation or refund the Client, as indicated in the article "Seller's liability - Warranty".
The Seller bears the risks of transport and is required to reimburse the Client in the event of damage caused during transport.
ARTICLE 9 - Transfer of ownership - Transfer of risk
Transfer of ownership of the Seller's Products to the Client will only take place after full payment of the price by the Client, regardless of the delivery date of the said Products.
Regardless of the date of transfer of ownership of the Products, transfer of the risks of loss and damage relating thereto will only take place when the Client physically takes possession of the Products. The Products therefore travel at the Seller's risk.
ARTICLE 10 - Right of withdrawal
In accordance with applicable legal provisions, the Client has a period of fourteen days from receipt of the Product to exercise their right of withdrawal with the Seller, without having to justify any reason or pay any penalty, for exchange or refund purposes, provided that the Products are returned in their original packaging and in perfect condition within fourteen days (14 days at most following communication of the decision to withdraw) following notification to the Seller of the Client's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.), enabling them to be put back on the market as new, accompanied by the purchase invoice. Damaged, dirty or incomplete Products will not be accepted.
The right of withdrawal may be exercised online, using the withdrawal form available on the website https://lartdelatable.org/, in which case an acknowledgement of receipt on a durable medium will be sent immediately to the Client by the Seller, or by any other unambiguous statement expressing the wish to withdraw.
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 refunded; return costs remain the Client's responsibility.
The refund will be made within fourteen days (14 days at most) from notification to the Seller of the decision to withdraw.
ARTICLE 11 - Seller's liability - Warranty
Products sold on the website
www.lartdelatable.orgcomply with regulations in force in France and have performance compatible with non-professional use.
Products provided by the Seller benefit, as of right and at no extra cost, independently of the right of withdrawal, in accordance with legal provisions, from:
the legal guarantee of conformity, for Products that are apparently defective, damaged or that do not match the order,
the legal guarantee against hidden defects arising from a material, design or manufacturing fault affecting the delivered products and rendering them unfit for use,
under the conditions and according to the procedures set out in the box below and defined in the appendix to these General Terms and Conditions of Sale (Warranty of Conformity / Warranty against Hidden Defects).
It is recalled that, under the legal guarantee of conformity, the Client has a period of two years from delivery of the goods to take action against the Seller; may choose between repair or replacement of the ordered Product, subject to the cost conditions provided for in article L 217-9 of the Consumer Code; and is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following delivery of the Product.
The legal guarantee of conformity applies independently of any commercial guarantee that may cover the Product. The Client may decide to invoke the guarantee against hidden defects in the Product in accordance with article 1641 of the Civil Code; in this case, they may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.
The Seller will refund or replace Products or parts under warranty deemed non-compliant or defective. Shipping costs will be refunded based on the rate charged, and return costs will be refunded upon presentation of supporting documents.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and no later than 14 days after the Seller establishes the lack of conformity or hidden defect. The refund will be made by crediting the Client's bank account.
The Seller's liability cannot be engaged in the following cases:
non-compliance with the legislation of the country to which the products are delivered, which it is the Client's responsibility to verify,
in the event of misuse, professional use, negligence or lack of maintenance by the Client, as well as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or refund of Products that are non-compliant or affected by a defect.
ARTICLE 12 - Protection of personal data
Pursuant to law 78-17 of 6 January 1978 as amended by law no. 2018-493 of 20 June 2018, it is recalled that the personal data requested from the Client is necessary for processing their order and, in particular, for issuing invoices. This data may be disclosed to any partners of the Seller responsible for executing, processing, managing and paying for orders.
The processing of information provided via the website
www.lartdelatable.orgmeets legal requirements regarding the protection of personal data, with the information system used ensuring optimal protection of this data.
In accordance with applicable national and European regulations, the Client has a permanent right of access, modification, rectification, objection, portability and restriction of processing regarding information concerning them. This right may be exercised under the conditions and according to the procedures defined on the website
www.lartdelatable.org.
ARTICLE 13 - Intellectual property
The content of the website
www.lartdelatable.orgis the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offence of counterfeiting, parasitism and unfair competition.
ARTICLE 14 – Unforeseeability
These T&Cs expressly exclude the legal regime of unforeseeability provided for in article 1195 of the Civil Code for all transactions involving the sale of Products by the Seller to the Client. The Seller and the Client therefore each waive the right to invoke the provisions of article 1195 of the Civil Code and the regime of unforeseeability provided for therein.
ARTICLE 15 - Force majeure
The Parties cannot be held liable if the non-performance or delay in performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
ARTICLE 16 - Applicable law - Language
These General Terms and Conditions of Sale and the transactions arising therefrom are governed by French law. They are drafted in French. In the event of translation into one or more languages, only the French text shall prevail in the event of a dispute.
ARTICLE 17 - Disputes
All disputes to which purchase and sale transactions concluded pursuant to these general terms and conditions of sale may give rise, concerning their validity, interpretation, performance, termination, consequences and aftermath, and which could not be resolved between the seller and the client, shall be submitted to the competent courts under ordinary law.
The Client is informed that they may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (Article L 612-1 of the Consumer Code) or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Site mediator: https://lartdelatable.org/
ARTICLE 18 - Pre-contractual information - Client acceptance
The fact that a natural (or legal) person places an order on the website https://lartdelatable.org/ implies full adherence to and acceptance of these General Terms and Conditions of Sale, and the obligation to pay for the Products ordered, which is expressly acknowledged by the Client, who in particular waives the right to invoke any contradictory document that would not be binding on the Seller.
APPENDICES
APPENDIX 1 - Provisions relating to legal warranties
Article L217-4 of the Consumer Code. The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for any lack of conformity resulting from the packaging, assembly instructions or installation, where the contract makes them responsible for this or where it was carried out under their responsibility.
Article L217-5 of the Consumer Code. To comply with the contract, the goods must:
Be fit for the purpose usually expected of similar goods and, where applicable:
match the description given by the seller and have the qualities that the seller presented to the buyer in the form of a sample or model
have the qualities that a buyer may legitimately expect in light of the public statements made by the seller, the producer or their representative, particularly in advertising or labelling
or have the characteristics defined by mutual agreement between the parties, or be fit for any special purpose sought by the buyer, made known to the seller, and which the seller has accepted.
Article L217-12 of the Consumer Code. Action resulting from a lack of conformity is barred after two years from delivery of the goods.
Article L217-16 of the Consumer Code. Where the buyer requests, during the course of a commercial warranty granted to them at the time of acquisition or repair of movable property, a repair covered by the warranty, any period of immobilisation of at least seven days shall be added to the remaining warranty period. This period runs from the date the buyer requests the intervention or from the date the goods are made available for repair, if this is later than the request for intervention.
Article 1641 of the Civil Code. The seller is bound by the warranty in respect of hidden defects in the item sold that render it unfit for its intended use, or that reduce this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price, had they known of them.
Article 1648, paragraph 1 of the Civil Code. Action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
APPENDIX 2 - Withdrawal form
This form must be completed and returned only if the Client wishes to withdraw from an order placed on
www.lartdelatable.orgsubject to any exclusions or limits on the exercise of the right of withdrawal under the applicable General Terms and Conditions of Sale.
For the attention of L'art de la table by email: avelinemaxence5@gmail.com
Order date: ...........................................................
Order number: ...........................................................
Client name: ...........................................................................
Client address: .......................................................................
Client signature (only if this form is submitted on paper)