Terms of Sales
I. IDENTITY OF THE SELLER
The seller is:
SARL ATELIER HUBERT Company
Limited Liability Company with share capital of € 7622
Whose registered office is located rue du lac 74140 Yvoire FRANCE
Registered in the RCS of Thonon-Les-Bains
VAT number: FR96 388 895 435
Phone: 04 50 72 94 11
All orders on the Site are subject to these terms and conditions. These are likely to be subject to changes and updates, the conditions applicable to the order of a product by a customer are those in force on the day of the order. These general conditions of sale are subject to French law, except as otherwise required by the Rome Convention on the law applicable to contractual obligations of 19 June 1980.
These general conditions of sale (hereinafter the “General Terms and Conditions of Sale”) exclusively govern the sales made on the lacristallerie.com website (hereinafter the “Site”) of the products offered by La Cristallerie to buyers who have the quality Consumers (hereinafter the “Customer (s)”) and specify the conditions of ordering, payment, delivery and management of any returns of products ordered by Customers.
The General Terms and Conditions of Sale are available to Customers on the lacristallerie.com website where they are directly available.
The General Conditions of Sale are opposable to the Customer who declares to have read and accepted them by ticking the box “I accept the General Conditions of Sale” before the implementation of the online ordering procedure.
La Cristallerie reserves the right to modify its General Conditions of Sale at any time. In case of modification of the General Conditions of Sale, the applicable General Terms and Conditions of Sale are those in force on the date of the validation of the order. It is therefore up to the Customer to refer to it during each order validation.
The nullity of a contractual clause does not entail the nullity of the General Conditions of Sale.
The temporary or permanent non-application of one or more clauses of the General Conditions of Sale by La Cristallerie can not constitute a waiver on its part of the application of this or these clauses or the other clauses of the General Conditions of Sale which continue to produce their effects.
III. THE CUSTOMER
The customer of the Site must be a consumer, a natural person of legal age and legal capacity. The customer must, during his first order on the Site, open a customer account and fill out an order form specifying certain mandatory fields so that his order of products can be taken into account by La Cristallerie.
The information communicated to La Cristallerie as part of the opening of his account or during each of his orders must be complete, accurate and up-to-date. La Cristallerie may, where appropriate, ask the customer for confirmation – by any means – of this information and its identity.
Given the commercial policy described above, La Cristallerie reserves the right not to respond to orders from subjects that differ from the “Consumer” or orders not in accordance with its commercial policy.
On lacristallerie.com are exclusively for sale top quality products. La Cristallerie does not sell used, defective or substandard products.
The essential characteristics of the products are presented on lacristallerie.com inside each of the product sheets. The images and the colors of the products put on sale on lacristallerie.com could however not correspond to the real colors under the effect of the Internet navigator and the screen used.
Concerning personalized products, the customer acknowledges that he is content to “personalize” a product created by La Cristallerie and that this “personalization” involves no creative effort. All intellectual property rights relating to the personalized product belong exclusively to La Cristallerie.
It is however agreed, as a condition precedent to any sale of personalized product that the customer agrees, in case of creation on his part to assign if any under the guarantees of right to lacristallerie.com: the model, including the drawings , plans, specifications of the product possibly created by the Customer on lacristallerie.com website and all copyrights attached thereto.
The assignment includes the assignment of the exclusive rights:
a) to manufacture, reproduce, distribute and / or sell the products
(b) to manufacture, distribute and / or sell any product derived from the model or drawings,
(c) to grant any license or sublicense for any of the purposes listed above,
La Cristallerie considers that by validating the General Terms and Conditions of Sale, the Customer has duly read the terms and conditions of assignment of the rights resulting from “its possible creations” and accepts them without reserve. If the Customer sends a personal reason or customizes the product by adding a text, it ensures lacristallerie.com that the text and / or the reason chosen are free of rights of third parties. In the event of any copyright, personality or legal infringement, the Customer is fully responsible for this and the Client will be solely liable for any legal consequences.
If La Cristallerie was prosecuted on this count, the customer agrees to guarantee La Cristallerie any conviction that may result. The Customer also ensures that it does not infringe any other rights of third parties by individualizing the product.
V. PASS ORDER
1. The steps
Order taking on the Site is subject to compliance with the procedure set up by La Cristallerie concretized by a succession of different screens showing the steps that the customer must follow to validate his order.
The customer will have the possibility, before validating his order definitively, to check the detail of this one and its total price, and to correct possible errors, before confirming this one to express his acceptance
2. Verification of the order
La Cristallerie will also be entitled to refuse any order made by a customer with whom there is a dispute over the payment of a previous order and any order not in accordance with these terms and conditions of sale.
In these cases, La Cristallerie will inform the customer by phone or by email. In default of the customer to proceed with La Cristallerie to the correction of the elements erroneous or contrary to these general conditions of sale, La Cristallerie reserves the right not to process the order
Start by making your selection by walking around the site or using our advanced search mode if you know what you are looking for.
Click on the images to access the pages held, then the pages produced to view the detail of each product. Add items to your cart after selecting size, color and quantity by clicking “Add to Cart”.
Check the nature of the items added to your cart.
To delete an item, click “Delete” and to change the number of items, change the quantity and click “Refresh”.
You can then finalize your order or choose to continue your purchases.
To conclude the purchase contract for one or more products on lacristallerie.com, you must complete the order form offered by the site by following the instructions.
The order form contains a summary of the General Conditions of Sale, but also information on the essential characteristics of each of the products ordered and the price that refers to them (including applicable taxes), the means of payment that you will be able to use to buy each product and the terms of delivery of the purchased products, the costs of shipping and delivery, the conditions for the exercise of your right of return, and finally, the terms and deadlines for returning the purchased products.
The contract is concluded when La Cristallerie receives, electronically, your order form and once the accuracy of the order data has been verified.
Before proceeding with the purchase of the products by the transmission of the order form, you will be asked to read carefully the General Conditions of Sale.
The order form will be archived in our database for the time necessary for shipping orders and according to legal deadlines. You will be able to access your order form, by consulting the heading “My account / My orders”.
Before proceeding with the transmission of the order form, you will also be asked to detect and correct any data entry errors.
The languages available to conclude the contract with La Cristallerie are French and English.
Once the contract is concluded, La Cristallerie will take care of your order.
In the event that the products presented on lacristallerie.com are no longer available or for sale at the time of your last access to the site or the sending of the order form, La Cristallerie must communicate to you promptly, and in any case, before thirty working days from the day after your order, the possible unavailability of products ordered. In case of transfer of the order form and payment of the price, La Cristallerie will make the necessary to refund the amount you have advanced.
With the telematic transmission of the order form, you accept the General Conditions of Sale and you agree to observe, in the relations with La Cristallerie, these conditions. If you disagree with certain terms indicated in the General Conditions of Sale, we invite you not to transfer your order form for the purchase of products on lacristallerie.com and to contact one of our account managers at +33 4 50 72 94 11.
4. Modification or cancellation of order
The orders are not likely to be modified because of the immediate execution of these and for technical reasons.
In the event of a dysfunction of the site having affected the orders or the transactions, or of a stock-out concerning the ordered products, La Cristallerie will be able to cancel the online orders placed by the customers. He informed the customer by email or telephone to indicate the cause of the cancellation of orders placed.
VI. PRICES AND TERMS OF PAYMENT
The prices posted on the site are indicated in Euros.
For all countries with a delivery address in France and in countries belonging to the European Union the products will be invoiced in Euros. Prices displayed on the E-shop are inclusive of all taxes (VAT), excluding delivery charges. The prices invoiced to the customer are those in force on the date of the order.
For customers residing outside the territory of the European Union and in the Dom-Tom, it is specified that the prices displayed on the Site will be charged price France. It is the customer who will pay the freight forwarder when importing the product, the total amount of customs duties and formalities, import taxes applicable in the country where the delivery is requested.
The payment of these expenses possibly necessary for the entry of the products ordered on the territory of delivery is the responsibility of the customer.
Payment is by credit card.
For credit card payments, the customer must hold the credit card used. It accesses a dedicated space made available by a banking institution, which ensures the security and registration of the payment order.
The customer is informed that, in order to fight against fraud on the Internet, a check will be made with the relevant banks and institutions, queried via the system of the company 3D Secure.
Since 2001, Visa and MasterCard have set up a program for securing transactions on the Internet: 3D-Secure.
This program aims to fight against fraud by asking the user who wants to make a payment on the Internet to identify themselves at the time of payment by credit card on the site of the e-tailer.
During the transaction, the bank card holder is directed to a page of his bank and enters a data that it can check.
This security is materialized by the presence of the logos “Verified by VISA” or “MasterCard SecureCode”.
This service is not subject to any pricing.
In the event that, for any reason (opposition, refusal of the issuing center …), the debit of the sums due by the customer would prove impossible, the order will not be recorded by La Cristallerie.
The customer is solely responsible for a defect of delivery due to a lack of indication when placing the order.
It is the Customer’s responsibility to ensure the appearance of the package, to check the contents and to refuse delivery of damaged items. The customer is required to notify us within 24 hours.
1. Delivery times
Delivery times vary depending on the delivery method chosen and the delivery area.
La Cristallerie will ship all orders as soon as possible according to availability.
It is specified that any change of delivery address performed by the Customer after the registration of the order may lead to an extension of the delivery period.
As La Cristallerie and the carriers are separate and independent entities, La Cristallerie can not be held responsible for any delivery delay attributable to the carrier.
2. Delayed delivery
In the event of exceeding the delivery deadline that has been indicated to the Customer that is neither attributable to the Customer, to an unforeseeable and insurmountable event of a third party to the contract or to a case of force majeure, the Customer may request the resolution the sale by registered letter with acknowledgment of receipt or by writing on another durable medium. For this, he must order La Cristallerie by registered letter with acknowledgment of receipt to deliver the Product or Products within a reasonable additional time. If La Cristallerie has not executed within this period, it may send a registered letter with acknowledgment of receipt of resolution.
The contract will be considered resolved upon the reception by La Cristallerie of the letter or writing informing it of this resolution, unless La Cristallerie has been executed in the meantime.
If the delivery period constitutes for the Customer an essential condition of the contract, the contract will be considered as resolved upon receipt by La Cristallerie of the letter or writing informing it of this resolution.
In case of resolution for late delivery of the Products, La Cristallerie undertakes to reimburse the Customer for all amounts paid, at the latest within 21 days of the date on which the Client has denounced the contract.
VIII. RIGHT OF RETRACTION AND TERMS OF RETURN
The customer has a right of withdrawal which he can exercise, without having to justify reasons, within a period of fourteen (14) days from the receipt of the products ordered.
When the fourteen (14) day period expires on a Saturday, Sunday or a holiday or holiday, it is extended until the next business day.
To simplify the exercise of the right of withdrawal, La Cristallerie asks customers to prevent it by any means. On this occasion, the customer can specify whether he wants a refund or in special cases a credit.
The customer will also have the possibility to contact customer service by e-mail: email@example.com or by phone at 04 50 72 94 11 for any further information.
The products must be returned in perfect condition, complete (accessories, instructions, warranty …) accompanied by the invoice and a word of explanation reminding the customer’s details and his desire to receive a refund or credit, to the next address :
Rue du lac
Shipping costs related to the return of products are the responsibility of the customer unless the product received is not compliant or has a manufacturing defect.
Any customs fees related to the return of product from a foreign country are also the responsibility of the customer.
La Cristallerie strongly advises its customers to return products by Colissimo or Letter Max. The customer also has the option to choose the carrier of his choice. On the other hand, the return costs as well as the related risks are the responsibility of the customer. It is therefore recommended that he provide proof of this return, which implies that the products are returned with parcel tracking, or by any other means giving a certain date.
The right of retraction – in addition to the respect of the deadlines and the modalities described in the previous points – is considered as applied correctly in the case where the following conditions would be completely respected:
at. We invite you to notify us by email or phone your return request.
b. The product must not have been worn, used, worn, modified, washed or damaged.
c. If a label is attached, it must not be removed otherwise the refund can not be made.
d. Products returned must be sent to La Cristallerie in one shipment. La Cristallerie reserves the right not to accept items of the same order, returned and shipped at different times.
e. The product must be returned in its original packaging and if you want to return a kit, you must return all the elements that compose it.
La Cristallerie will return to you, in addition to the sums collected for the purchase of the products, the shipping costs for the delivery of the purchased products, only if the restitution of the products is due to a motive attributable to La Cristallerie, for example if the products do not possess the essential characteristics promised, have manufacturing defects or if there are errors in the delivery thereof. In the latter case, you can inform us by email or telephone.
In the event that the terms and conditions for the exercise of the right of cancellation have not been respected, as above, you will not be entitled to a refund of amounts already paid to La Cristallerie. However, you will be able to obtain, at your expense, your products, in the state in which they were returned to La Cristallerie. In the opposite case, La Cristallerie will be able to retain the products, in addition to the sums already paid for their acquisition.
Regarding returns of personalized products: Article L121-20-2 of the Consumer Code provides that “the right of withdrawal may not be exercised for contracts for the supply of goods made to the consumer’s specifications or clearly personalized. ”
These refunds will be made within 21 days after receipt of the products by us.
IX. TERMS AND CONDITIONS OF REIMBURSEMENT
If the right of withdrawal is exercised in accordance with the terms and conditions indicated above, La Cristallerie will make the necessary to refund any sums already cashed for the purchase of products within fourteen (14) days after receipt and verification of the state of the products.
In the event that there is no correspondence between the consignee of the products indicated in the order form and the one who has made the payment of the sums due for the purchase, the refund of the sum, in case of exercise of the right of renunciation, will be made by La Cristallerie, in all cases, to the one who made the payment.
The refund will be made on the same support as the one used during the purchase of the products, ie the credit card or the Paypal account of the customer.
X. LEGAL GUARANTEES
Regardless of any commercial warranty that may be granted by La Cristallerie to the Customer, all products supplied by La Cristallerie benefit from the legal guarantee of conformity provided for in Articles L. 211-4 to L. 211-13 of the French Consumer Code. the legal guarantee of hidden defects provided for in articles 1641 to 1648 of the Civil Code.
Under these guarantees, La Cristallerie undertakes, at the Customer’s option, to reimburse or exchange defective products or products that do not correspond to its order.
Articles L. 211-4, L. 211-5, L.211-7, L. 211-12 and L.212-13 of the Consumer Code relating to the legal guarantee of conformity:
• Article L211-4 of the Consumer Code:
“The seller is obliged to deliver a good in accordance with the contract and responds to defects of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility. ”
• Article L211-5 of the Consumer Code:
“To be in conformity with the contract, the property must:
1 ° Be fit for the usual expected use of a similar good and, where appropriate:
– correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or a model;
– present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted “.
• Article L211-7 of the Consumer Code:
“Any defects of conformity which appear within a period of six months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
The seller can combat this presumption if it is not compatible with the nature of the good or the alleged lack of conformity “.
• Article L211-12 of the Consumer Code:
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. ”
• Article L211-13 of the Consumer Code:
“The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent 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 “.
Articles 1641 and 1648, paragraph 1 of the Civil Code relating to the legal guarantee of latent defects:
Article 1641 of the Civil Code:
“The seller is bound by the guarantee by reason of the hidden defects of the thing sold, which renders it unsuitable for the use for which it is intended, or which diminishes the use so much that the buyer would not have acquired it, or would have given a lower price if he had known them. ”
Article 1648, paragraph 1 of the Civil Code:
“The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. ”
To benefit from the guarantee, the Customer will have to contact the Customer Service of La Cristallerie by following the following steps:
1. Get the order number and the reference of the article concerned (this information is indicated on your purchase invoice);
2. Send the request for support to La Cristallerie Customer Service by email at the following address: firstname.lastname@example.org
In order to ensure prompt processing and quality of the warranty claim, the Customer will specify its contact details, order number and reference of the article concerned and will detail the problem and, to the extent possible, will join to the mail a photograph of the defect of the product.
XI. INTELLECTUAL PROPERTY
The Customer acknowledges that La Cristallerie Products and distinctive signs (image, photographs, packaging, product names, etc.) are the exclusive property of La Cristallerie.
The Customer shall refrain from any act of reproduction or use of the product models, packaging, brands or distinctive signs, inventions, techniques or know-how used by La Cristallerie, as well as any act tending to the appropriation of these elements, whether or not they are protected by La Cristallerie by a patent, trademark, design and registered model or copyright.
XII. COMPUTERS AND FREEDOMS
The Client is informed that the data he provides on the Website are the subject of various automated processing of personal data.
In application of the law n ° 78-17 of January 6th, 1978 relating to data processing, the files and the liberties, it is reminded that the personal data which are collected with the Customer are necessary to the treatment of his order. They can also be used for prospecting purposes. The purposes of each treatment are described with regard to the treatment concerned.
These data are intended for internal use by La Cristallerie. This personal data may also be transmitted to third parties, partners of La Cristallerie, except that the Customer has objected to it during the collection of data concerning him.
The personal data of the Customer are kept for the period strictly necessary for the accomplishment of the purposes for each treatment envisaged by La Cristallerie.
The Customer has a right of access, modification and opposition to the processing of data concerning him by contacting customer service by email at email@example.com
The responsibility of La Cristallerie can not be held liable for non-performance or improper performance of the contract due either to the fact of the Customer, the unpredictable and insurmountable of a third party to the contract, or a force majeure.
XIV. SETTLEMENT OF DISPUTES AND APPLICABLE LAW
The sales concluded with La Cristallerie via the website www.lacristallerie.com are subject to French law. In case of dispute, an amicable solution will be sought before any legal action. Otherwise, all disputes to which this contract could give rise, concerning its validity, its interpretation, its execution, its termination, their consequences and their consequences will be submitted to the competent court in accordance with the rules of common law jurisdiction.