Fabrique de Couverts : silver plated and stainless steel cutlery online store

"Fabrique de Couverts"
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General Terms of Online Sales

Article 1 - Purpose

These general conditions are intended to define the rights and obligations of the parties as part of the online sale of goods and / or services offered by the seller to the consumer.
The seller reserves the right, at any time, to modify these terms and conditions by posting a new version that will apply to all orders placed after it was put online on the website "http:/www.fabrique-de-couverts.fr ".
Consumer means any individual acting or their personal needs and satisfaction and who are domiciled in France or other countries.
These terms represent the conditions under which the company « La Fabrique de couverts de Darney » hereinafter referred to as "Seller" proposes to remotely provide by electronic means, products "cutlery in silver plated, solid silver or stainless steel and silver jewelry for children," to consumers under the conditions of Articles L.121-16 to L.121-20-5 of the Consumer Code.
Consumers declare that they have read the terms of sale before ordering and to have accepted them without reservation. No general or specific conditions in documents sent or given by the consumer may be incorporated herein without the express permission in writing from the seller.

Article 2 - Contractual documents

This contract consists of the following contractual documents, presented in descending order: the electronic order form; these terms. In case of conflict between the provisions contained in the documents of different ranks, the provisions of the document of higher rank will prevail.

Article 3 - Identification of the responsible seller of the offer (*)

As required by law, it is stated the following information:
• Name of the seller of the product or service provider,
• Telephone numbers for entering actual contact with the seller,
• The address and, for a corporation, registered office and address of the institution responsible for the offer if this address is different from head office.

Article 4 - Entry into force - Duration

These conditions come into force on the date of signing the order form on our website. These general conditions are concluded for the time necessary for the provision of goods purchased, until the expiry of the guarantees owed by the seller.

Article 5 - Electronic signature

The "double click" of the consumer on the purchase order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature, with the stipulation that the first click, the customer confirms the order and, the second click, the final acceptance after reviewing it. The order will be registered only after the second click. Any order signed by the buyer is a binding and definitive commitment.

Article 6 - Proof of the transaction

The records stored in seller's computer systems under conditions of reasonable security, will be considered proof of communications, orders and payments between the parties.
The archiving of purchase orders and invoices is made on a reliable and durable support and can be produced as evidence.

Article 7 - Product information

7-a: The seller presents on its site the products for sale with the necessary features in accordance with Article L.111-1 of the Consumer Code, which provides the possibility for the potential consumer to know before the final order the essential characteristics of the products they wish to buy.
7-b: The offers presented by the seller are valid only within the limits of available stocks.
7-c: In case of unavailability of the ordered product, the seller shall inform the customer immediately, and may offer a product an equivalent quality and price.
In case of disagreement of the consumer, the seller shall refund the sums paid without delay.

[It should be noted that Article L 121-20-3 of the Consumer Code requires the seller to refund the amounts "without delay and no later than 30 days" of their payment by the customer, beyond which they are automatically coupled with the legally defined interest]

Article 8 - Price

Prices are quoted in euros and are valid as of the date of mailing of the order by the consumer. They do not include delivery charges, charged extra and indicated before the validation of the order. Prices are inclusive, including VAT applied on French territory at the date of order. Any change in the VAT rate will be reflected in the prices of the online store. Payment of the full price must be made upon ordering. Payment of deposits is not accepted.

Article 9 - Payment

To pay for the order, the buyer has, as his choice, all modes of payment listed on the order form. The buyer guarantees to the seller that he has the necessary authorizations to use the chosen method of payment, when confirming the order. The seller reserves the right to suspend any order and delivery in case of refusal to authorize payment by credit card from certified financial institutions. The seller reserves, also, the right to refuse delivery or to deliver an order from a consumer who has not fully paid a previous order or with whom a payment dispute is ongoing.

Note: The seller has established a procedure for control checks, designed to ensure no one is using the bank details of another person without his knowledge.

In the case of sale financed by a loan:
If the consumer subscribes a consumer credit to finance his purchase, and in conformity with article L 131-36 of the consumer code, the contract of sale or services is invalidates ispo facto without compensation:
1/ If the lender has not, within a delay of seven days following acceptance of the loan by the borrower, informed the seller of the award of the credit;
2/ Or if the borrower has, within the said period of seven days, exercised his right of withdrawal.

Article 10 - Methods of delivery

The products are delivered to the address specified by the customer on the order form and only in France and European countries, within the time specified in the order. The consumer may, upon request, obtain sending an invoice to the billing address and not the delivery address by validating the option provided for this purpose on the order form.

Regarding the shipping, it is made by mail or by Colissimo that provides a tracking number. As soon as a shipment is made, the consumer will immediately receive an email and can track, in real time, the delivery of his order. However, it can occur, as with any shipment, that there is a delay in delivery or that the product is lost. In case of late delivery, in comparison with the date indicated in the email, the consumer is requested to report the delay to the seller who will contact the transporter in order that an investigation is carried out.

The seller declines all responsibility in the case of longer delivery times due to the transporter or in case of force majeure.

Article 11 - Delivery errors and product verification

11-a: It is the responsibility of the consumer to verify the number and condition of products upon receipt. In case of damaged or missing goods, the consumor must make the usual caveats with the transporter within the statutory period of three working days after delivery and to notify the seller within 7 days.

11-b: The consumer must contact the seller within 7 days for any claim of error of delivery and / or non-conformity of goods in kind or in quality compared with the order . Any claim beyond this time will be rejected.

11-c: The formulation of this claim from the seller will be made primarily by e-mail by specifying the order reference and full contact details.

11-d: Any claim not made according to the rules defined above and within the defined time limits can not be taken into account and will release the seller from liability vis-à-vis the consumer.

11-e: In case of error of delivery and / or non-compliance or in the event referred to in 7-c, any product for exchange or refund will be returned to the seller in its entirity and in its original packaging,using registered Colissimo, to the address in the response to the request for return by e-mail. To be accepted, any return will be reported in advance by e-mail seller'sCustomer Service. Return costs are charged to the seller.

Article 12 - Right of withdrawal

In compliance with article L.121-20 and according to consumor code, the consumer may return the merchandise that does not suit him and get a refund for the amount of his bill up to 7 days after the Delivery for the sale of goods or the acceptance of the offer, or services. The only product which will be refunded or exchanged is product that is unused and returned in its original packaging, intact, properly packaged, in perfect condition fit for resale, together with all accessories, instruction manuals and documentation, as well as the corresponding invoice. These conditions are cumulative. In addition, the consumer must, prior to any return, claim the right to return by sending a email to eshop@fabrique-de-couverts.fr, an specifying his contact details and the request for return of the product. The seller will send by return email, an acceptance of the return to be printed. The acceptance form must be attached to the package along with a copy of the original invoice.

This right of return does not require justification. The shipment must take place within the statutory period, the postmark or other tracking number will determine the authenticity of the date. The package should always be sent by registered mail to the address which will be indicated on the acceptance of return form. The costs of returning the goods following exercise of the right of return shall be borne by the consumer. Accordingly, the postage will be sufficient to avoid penalties at the point of reception. Otherwise, penalties will be deducted from the refund. The parcel sent against repayment by the seller are systematically denied.

Article 13 - Product Warranty

The products sold are guaranteed in legal compliance of Articles L.211-4 and following of the Consumer Code or implied warranty under section 1641 of the Civil Code.

Article 14 - Force Majeure

Neither party has breached its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered fortuitous event or force majeure, any facts or circumstances which are unpredictable, uncontrollable, beyond the control of the parties and which can not be prevented by them, despite all efforts reasonably possible. The party affected by such circumstances shall notify the other within ten working days after the date on which it becomes aware, by e-mail. Both parties will then, within a month, except impossibility due to force majeure, examine the impact of the event and agree the conditions under which the contract will be continued or if the consumer decides to terminate the contract. The seller then agrees to reimburse the sums paid within thirty days of notification by registered mail (mail) of the desire to terminate the contract.

Explicitly, are considered as force majeure or unforeseeable circumstances beyond those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transportation or supplies, earthquakes, fires, storms, floods, lightning, cessation of telecommunications networks or difficulties specific to the external telecommunications networks of the customers.

Article 15 - No partial validation

If one or more provisions of these terms are held to be invalid or declared as such under any law, regulation or after a final decision of a competent jurisdiction, the remaining provisions will remain in full force and scope.

Article 16 - No Waiver

A failure by either party, not to claim a breach by the other party to any of the obligations under these terms, can not be interpreted in the future as a waiver of the obligation in question.

Article 17 - Computer and Information Law

(Confidentiality of personal data)

17-a: The seller uses only the order data for its preparation and follow-up in customer service. All customer data is stored and used only by the seller, in accordance with the Data Protection Act of 6 January 1978.

17-b: The consumer, at any time, reserves the right to correct or delete personal information stored in the computer system the seller. For this, they simply send an email to the following address eshop@fabrique-de-couverts.fr or by post to: "Fabrique de couverts, rue des Rochottes, 88260, Darney."

17-c: Sharing of personal data. The seller cannot transmit personal information, including mailing and email address to third parties without the consent of the owner. This authorization is revocable at any time. Partners that allow the direct order processing are excluded, the seller takes the necessary security measures to protect data in its possession against inadvertent or deliberate manipulation, loss, destruction and against access by unauthorized persons. However, the seller can not guarantee perfect security when exchanging data over the internet: any action taken by the consumer is at his own risk.

17-d: It is up to the user's site to take all appropriate measures to protect its own data and / or software from contamination by any viruses circulating on the Internet. The seller accepts no responsibility for any damage arising from the consultation of the seller's site.

Article 18 - Settlement of Disputes

These general conditions are subject to French law. This is for the base rules as well as the rules of form. In case of dispute or complaint, the consumer should first contact the seller for an amicable solution.

(∗) From the Consumer Code:
ART. L.121-18 – Without prejudice to information provided by Articles L. 111-1, L. 111-1, L. 111-2 et L. 111-2 and L. 113-3 as well as those provided for under Article L. 214-1, the contract offer must contain the following information:
The name of the seller or service provider, telephone numbers for entering actual contact with him, his address or in the case of a corporation, its headquarters and, if is different, the address of the institution responsible for the offer;

ART. R.121-1 – is punishable by fine for contraventions of the fifth class (€ 1500, for a subsequent offense: € 3 000) the violation of the provisions of Article L.121-18.

Fabrique de couverts, 7 rue des Rochottes, 88260 DARNEY, tél. : 03 29 09 30 02, fax : 03 29 09 34 14