Posted on August 17, 2020
General Sales Conditions
ARTICLE 1. OBJET
These general conditions of sale govern the rights and obligations of the Parties resulting from the online sale of the Products offered on the site, they apply to the exclusion of any other document.
ARTICLE 2. PRODUCTS – PRICE
Only the Products appearing on the site on the day of its consultation by the customer are offered for sale. The product and price offers are valid, within the limits of available stock, as long as they are visible on the site.
These indications are automatically updated in real time. However, an error in the update, whatever its origin, does not engage the responsibility of Claude Paris. As such, Claude Paris can not be held responsible for the cancellation of an order for a product due to the exhaustion of stocks. Claude Paris takes the greatest care in the presentation and description of its products to best satisfy the Customer’s information. However, it is possible that errors may appear on the site, which the Customer recognizes and accepts.
If the price of a product you have ordered turns out to be wrong, we will notify you as soon as possible and you will have the option of confirming your order with the correct price into account or canceling it. If we are unable to contact you, we will cancel the order.
Prices are quoted in euros all taxes included. The Value Added Tax is that in force on French territory
ARTICLE 3. ORDER
3.1 Register and validation of the order
Order taking on the site is subject to compliance with the procedure put in place by Claude Paris on the site comprising successive steps leading to the validation of the Order.
The customer can select as many products as he wishes which will be added to the basket (the “Basket”). The Basket summarizes the products chosen by the customer as well as the related prices and costs. The customer can freely modify the basket before confirming his order. The validation of the order constitutes confirmation of the acceptance by the customer of the GTC, the products purchased, their price as well as the associated costs.
A confirmation email summarizing the Order (Product (s), price, availability of Product (s), quantity, etc.) will be sent to the customer by Claude Paris. To this end, the customer formally accepts the use of electronic mail for confirmation by Claude Paris of the content of his order.
The price due by the Buyer is the amount indicated on the order summary document. In any case, the amount debited will correspond to the Product (s) actually delivered. The debit of the amount will be effective when ordering. The payment of your purchases is made exclusively, when placing your order, by credit card (credit card, Visa, Maestro, Eurocard / Mastercard, American express), Paypal and Bancontact.
You shop in complete safety. The banking information that you transmit via the site to Stripe, online payment manager, is confidential and secure (SSL protocol).
In the context of payments made by electronic means, and in order to fight against fraudulent use of payment methods on the Internet, we verify the reliability of the information entered by you when registering your order.
Thus, we proceed to the verification of concordance between the address of the bank card and the billing address.
ARTICLE 4. DELIVERY
Deliveries are made by post (letter followed), by Colissimo from Monday to Friday or by UPS from Monday to Friday.
Claude Paris will do its best to ensure that the order is delivered within an average of 4 to 7 working days and a maximum of 10 working days from the day following that of the validation of the order by the Buyer. In order for these deadlines to be met, the Customer must ensure that they have communicated exact and complete information concerning the Delivery address (such as, in particular: street, building, staircase number, access, names and / or intercom numbers, etc.).
It is specified that the orders registered on the Internet site www.claudeparis.fr on Friday afternoon, Saturday or Sunday are processed the following Monday. Orders placed on the website www.claudeparis .fr on a public holiday other than Friday, Saturday and Sunday are also processed the following working day. The Products ordered by the Purchaser are delivered in metropolitan France, and throughout the world to the address indicated by the Purchaser on the page of the final confirmation of his order, accompanied by a delivery slip. The Purchaser has the option of having the Products delivered to an address other than his own. Delivery will not be guaranteed in the event of force majeure, transport strike and / or postal services.
If the delivery time is exceeded, the customer may request the cancellation of the sale and obtain, within a maximum period of fourteen (14) days from his request, reimbursement of the sums paid on the occasion of the order. Notwithstanding the foregoing, Claude Paris cannot be held responsible for the harmful consequences resulting from a delay in delivery, only reimbursement of the product by Claude Paris being possible to the exclusion of any other form of compensation.
ARTICLE 5. RÉCEPTION OF THE ORDER
Upon reception of the order, the buyer will check the conformity of the products received in execution of his order. Any anomaly concerning the delivery (namely: missing or damaged products, damaged packages) must be notified within two days of receipt of the products.
In the event of abnormal or abusive returns, Claude Paris may refuse to serve a subsequent order.
ARTICLE 6. RIGHTS OF WITHDRAWAL
In accordance with article L.221-18 of the Consumer Code, the non-professional Customer has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal from Claude Paris , without having to justify its decision.
The Product (s) must be returned in its (their) packaging and its (their) original packaging and in new condition. If the aforementioned conditions are met, Claude Paris will reimburse the Buyer for the total amount of his order, within fourteen (14) days of receipt of the Products by Claude Paris. The refund of an order paid with an e-gift card, a gift card or a credit note, will be automatically made with a credit note.
The Purchaser has the option of being reimbursed by Claude Paris for the return shipping costs of the product (s) only if the product has a proven defect. To do this, he must include proof of the amount spent for the shipment in his package. The stamp alone is not enough.
ARTICLE 7. GARANTIE
All our products benefit from the legal guarantee regime, provided that the use has been normal and that the maintenance advice has been followed.
For all practical purposes, the following legal provisions are recalled:
Art. L217-4 of the Consumer Code: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility. “
Art. L217-5 of the Consumer Code: “The good conforms to the contract: 1 ° If it is suitable for the use usually expected of a similar good and, if applicable (a) if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; (b) if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or his representative, in particular in advertising or labeling; 2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. “
Art. L217-7 of the Consumer Code: “Lacks of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods sold, this period is set at six months. The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. “
Art. L217-8 of the Consumer Code: “The buyer is entitled to demand that the goods conform to the contract. However, he cannot dispute the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials which it itself supplied. “
Art. L217-9 of the Consumer Code: “In the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer’s choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. “
Art. L217-10 of the Consumer Code: “If the repair and replacement of the good are impossible, the buyer can return the good and have the price returned or keep the good and have part of the price returned. The same option is open to him: 1 ° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month following the buyer’s complaint; 2 ° Or if this solution cannot be without major inconvenience for the latter taking into account the nature of the good and the use he seeks. The resolution of the sale cannot however be pronounced if the lack of conformity is minor. “
Art. L217-11 of the Consumer Code: “The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages. “
Art. L217-12 of the Consumer Code: “The action resulting from the lack of conformity lapses two years after delivery of the goods. “
Art. L217-13 of the Consumer Code: “The provisions of this section do not deprive the purchaser of the right to bring an action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extracontractual nature which is recognized by law. “
Art. 1641 of the Civil Code: “The seller is bound by the guarantee for the hidden defects of the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. acquired, or would have given only a lower price, if he had known them. “
Art.1642 of the Civil Code: “The seller is not liable for apparent defects of which the buyer has been able to convince himself. “
Art. 1643 of the Civil Code: “He is liable for hidden defects, even if he would not have known them, unless, in this case, he has stipulated that he will not be bound by any guarantee. “
Art. 1644 of the Civil Code: “In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price returned, or keeping the item and having part of the price returned. “
Art. 1646 of the Civil Code: “If the seller was unaware of the defects of the thing, he will only be required to return the price, and to reimburse the purchaser for the costs incurred by the sale. “
Art. 1648 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. (…) “
ARTICLE 8. INFORMATIQUE ET LIBERTÉS
Pour plus de détails concernant la collecte et le traitement de vos données personnelles, nous vous remercions de vous reporter à notre Politique en matière de confidentialité et de Cookies.
9.1 Major Force
Claude Paris will not be responsible for the total or partial non-performance of its obligations under this contract, if this non-performance is caused by an event constituting force majeure, in particular in the event of disruption or total or partial strike, in particular of postal services and means of transport and / or communication, flood or fire. The Parties agree to consult as soon as possible in order to determine the methods of processing the order during the duration of the case.
force majeure. Beyond a period of (one) 1 month of interruption due to force majeure, the Parties will be released from their obligations towards each other.
9.2 Entire contract
These general conditions of sale and the order summary sent to the Purchaser form a contractual whole recapitulating all the agreements made between the parties.
Storage and archiving of transactions
The archiving of invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy.
9.4 Applicable law and competent jurisdictions
These general conditions of sale and the contractual relations between Claude Paris and the Buyer are subject to French law. In the event of a dispute, exclusive jurisdiction is assigned to the competent French courts. Claude Paris undertakes, however, to seek an amicable solution before any legal action.
Article 10 – Responsability
The products offered comply with current French legislation. The responsibility of the company Claude Paris can not be engaged in the event of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with local authorities the possibilities of importing or using the products or services you plan to order.
Furthermore, the company Claude Paris cannot be held responsible for damages resulting from improper use of the product purchased.
Finally, the responsibility of the company Claude Paris can not be engaged for all the inconveniences or damages inherent in the use of the Internet network, in particular a breakdown of service, an external intrusion or the presence of computer viruses.
Article 11 – Applicable law in the event of disputes
The language of this contract is French. These conditions of sale are subject to French law. In the event of a dispute, the French courts will have sole jurisdiction.
Article 12 – Intellectual property
All the elements of the site https://www.claudeparis.fr are and remain the intellectual and exclusive property of the company Claude Paris. No one is authorized to reproduce, use, re-distribute, or use for any purpose whatsoever, even partially, elements of the site whether they are software, visual or sound. Any simple or hypertext link is strictly prohibited without the express written consent of the company Claude Paris.
Article 13 – Personnaliser details
The Claude Paris company reserves the right to collect nominative information and personal data concerning you. They are necessary for the management of your order, as well as for the improvement of the services and information that we send you.
They can also be sent to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment.
This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.
In accordance with the law of January 6, 1978, you have the right to access, rectify and oppose personal information and personal data concerning you, directly on the website.