TERMS AND CONDITIONS OF SALE
Florence Lemoine creates and markets Products for professionals according to the general sales conditions defined below.
1.1 Customer : designates the natural or legal person who is a professional, with the capacity to contract, and who wishes to order Products for professional purposes. The Customer agrees to the terms and conditions set out below.
1.2 General Terms and Conditions of Sale or GTCS: refers to the present general terms and conditions of sale of the Products.
1.3 Special Terms and Conditions: refers to any document attached to these General Terms and Conditions and accepted by the Seller.
1.4 Contract: refers to these General Terms and Conditions of Sale as well as any document attached to them.
1.5 Product: refers to any Product offered for sale by the Seller, in its workshop or boutique, at a trade fair or on its Internet Site. It also refers to any personalized Product expressly ordered by the customer.
1.6 Internet Site: designates the infrastructure, accessible at the following address: https://www.florencelemoine.com
2. Purpose and application of the GCS
2.1 These GTC define the conditions and restrictions of sale that the Customer accepts by ordering one or more Products. Ordering a Product implies the Customer's full and unreserved acceptance of these GTC, and in particular of the limitations of warranty and liability set out below.
2.2. The Customer acknowledges that these General Terms and Conditions of Sale prevail over all other documents such as prospectuses, catalogs and documentation issued by the Vendor, which are for information purposes only, and over all documents issued by the Customer, such as purchase orders or general terms and conditions of purchase.
The present terms and conditions of sale apply to all orders received by Florence Lemoine and are valid at the time the order is placed.
3. Conclusion of Contract
3.1. Request for quotation
Before ordering the Products and in order to evaluate the cost, the Customer may request a quote via the contact form at https://www.florencelemoine.com, or by telephone on 06 42 65 32 16. The Vendor will reply to this request for a quotation within the time required to study the manufacturing and production proposal(s) accepted by the Customer.
4. Prices and terms of payment
The selling price of the Products is the price in effect at the time of the Customer's order. The price is set by the Vendor, at its sole discretion, and may be subject to modifications and variations over time. All taxes, duties and charges are to be borne by the Customer.
4.2 Delivery charges
Delivery charges will be invoiced in addition to the sale price of the Products, depending on the shipping method and the distance between the Vendor and the address requested by the Customer.
4.3. Terms of payment
The price of Products is payable in euros, either by credit card, or by cheque sent to the postal address communicated by the Vendor, or by bank transfer to the bank details communicated by the Vendor. The price is payable upon confirmation of the order by the Vendor, or, as the case may be, upon delivery of the Product(s) by the Vendor or the carrier. No Product will be delivered or taken away by the customer without full and complete payment of the Product.
In the event of payment by cheque or bank transfer, the order will only be dispatched once the payment has been received by the Vendor.
5.1. Products are shipped to the delivery address indicated at the time of order.
Delivery times are given for each Product as an indication only. Under no circumstances may failure to meet these deadlines incur the Vendor's liability or give rise to penalties for late delivery, damages, compensation, deductions, refusal of delivery or cancellation of order
.5.2 Products travel at the Customer's risk from the time of dispatch.
6. Receipt of Products and non-conformity
6.1. On receipt of the Products, the Customer must check that they are in good condition and conform to the order form. The Customer alone shall be liable for any damage caused to the Products during transport.
6.2. In the event of loss or damage during transport, it is the Customer's responsibility to make all observations and reservations to the carrier on the delivery note and to confirm them to the carrier by registered letter with acknowledgement of receipt or by extra-judicial act within three (3) days of receipt of the Products in accordance with article L. 133-3 of the French Commercial Code.
6.3. The Customer must inform the Vendor of any non-conformity of the Products received within five (5) days. After this period, no claim for non-conformity will be accepted. It is the Customer's responsibility to provide all documents and proof of the reality of the defects observed, and in particular photos of the Products concerned.
6.4. In the event of non-conformity of the Products received, the Customer must return the non-conforming Products to the Vendor within fifteen (15) working days, and the Vendor will, at its discretion, replace or reimburse the Products.
In any event, the Vendor's liability shall be strictly limited to the amount of the sums paid by the Customer for the non-conforming Products, to the exclusion of any compensation, indemnity or damages whatsoever.
Furthermore, as the Products supplied by the Vendor are unique items, any difference between two Products or a difference with a Product that the Vendor may have seen in a boutique, workshop, trade show, magazine, Internet site, any place or any photographic medium may not under any circumstances be considered as non-conformity with the order.
6.5 Product returns
Any Products returned by the Customer are under the Customer's sole responsibility.
They must be separately and carefully packaged, and returned in rigid packaging, resistant to transport shocks. In the event of a problem during transport, the customer will be required to produce photos of the item packed by him. No return or refund will be made by the seller in the event that the packaging is not compatible with the fragility of the objects contained, or in the event that the customer does not provide proof of the conformity of the packaging.
7. Intellectual property rights
Intellectual property rights. Trademarks, domain names, Products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly forbidden.
8. Applicable law and jurisdiction
These GCS are governed by French law to the exclusion of any other applicable international convention, including the Vienna Convention on the International Sale of Goods of April 11, 1980.
In the absence of an amicable settlement within two (2) weeks of notification of any dispute likely to arise in connection with the validity, performance or interpretation of the present terms and conditions, and except in the event of mandatory provisions to the contrary, the dispute shall fall within the exclusive jurisdiction of the Commercial Court of Saint-Etienne, it being specified that the conciliation prerequisite shall not apply in the event of an action for payment.
9. General terms and conditions
9.1 Independence of the Parties
The Parties are and shall remain, for the duration of this Contract, independent commercial and professional partners.
9.2 Invalidity of a clause
Should any of the clauses of the present GTC be null and void or inapplicable by virtue of a law or regulation or following an enforceable decision by a competent court or authority, the Parties expressly agree that the present contract shall not be affected by the nullity of the aforementioned clause.
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