General terms and conditions of sale
Article 1: site editor
The website www.lesarchetiersdeparis.fr is published by the simplified stock company (SAS) “Les Archetiers Francais”, domiciled at La Poste Paris Buzenval Poste restante, 56 bis rue de Buzenval 75970 Paris Cedex 20, France, and registered with Trade and Companies Register in Paris, under number SIRET 81971393400027.
Contact:
Via the site form available here
The host of the site providing direct and permanent storage is: OVH, SAS capital of 10 000 000 euros, having its registered office at 2 rue Kellermann - 59100 Roubaix - France, registered at Trade and Companies Register Roubaix - Tourcoing 424 761 419 00045.
Article 2: object
The purpose of these general terms and conditions of sale (hereinafter the "GTCs") is to inform about the terms and conditions concerning the sale and delivery of products ordered via the Site to the Customer. When ordering, the Customer fully accepts these GTCs, and declares, via a checkbox, to have read them. The Customer acknowledges that they are of legal age when ordering on the site. The site https://www.lesarchetiersfrancais.fr reserves the right to modify these GTCs at any time. Only the General Terms and Conditions accepted at the time of the Customer's order will be applicable.
These General Terms and Conditions of Sale were updated on November 8th 2017.
Article 3: definitions
"Site": the site https://www.lesarchetiersfrancais.fr
"Products": the products presented on the Site and particularly those available for sale.
"Order": the contract electronically established between the Customer and the Site, during any sale
"Customer": adult person who buys Products on the Site, and who finalizes their Order until full payment.
Article 4: contract establishment, orders and order validation
Prices:
The selling prices of the Products are those in effect at the time the Order is validated on the Website. They are expressed in Euros, the currency in force in the company's territory. The prices include the VAT applicable on the day of the Order. The selling prices can be freely modified by the company.
Products :
The Products presented on the Site can be ordered within the limits of available stocks. If a Product is unavailable after the conclusion of the sale contract between the Customer and the Site, the Site will contact the Customer to notify them, and offer them a refund, a voucher, or an exchange, based on the same amount as the initial Order. In the event that the Product is definitely unavailable, the Site undertakes to refund the Customer as soon as possible.
You declare that you have read and accepted these General Terms and Conditions of Sale before executing your order. Therefore, the validation of your order implies the acceptance of these General Terms and Conditions of Sale.
A summary containing the details of your order and the GTCs will be sent to you in PDF format via an email confirming your order.
Article 5: Availability
“Les Archetiers Français” is a retailer and does not intend to sell large amounts of the products in sale. Therefore, "Les archetiers Français" reserves the right to refuse orders for a given product in large quantities from 3 identical Items.
Article 6: payment
When placing an Order, the Customer is invited to pay in the currency in force in the Site’s territory, that is the Euro. If the Customer is outside the Euro zone, exchange rates independent of the Site, as well as any potential bank transaction fees may be charged. The Customer is invited to contact the bank holding their account to find out about its dispositions.
The Customer, in order to pay for their Order, must be in possession of a payment method by Credit Card, which will allow them to pay for their Order by a valid credit card.
This tool is available at the end of the Order.
The Site will keep no bank details. The Site has never access the Customer’s bank account details.
The Customer undertakes to have the necessary funds at their disposal to complete their Order. The company cannot be held liable for any fraudulent use of a credit card on the Site.
Article 7: delivery
The company accepts deliveries worldwide, subject to the available countries operated by the French Post Office.
The products are shipped via The French Post Office. The delivery times are for information purposes only, and they depend on the time determined by the French Post Office and the General Terms established for their Colissimo parcels.
The general conditions of delivery are available on the French Post Office website: www.laposte.fr
The buyer is invited to verify for each order, if their delivery address is served.
The Site cannot be held responsible for poor delivery conditions or missing items upon receipt.
The company undertakes not to exceed a one-month delivery period.
Article 8: property
The Products remain the property of the company until final payment by the Customer, at the time of their Order, including taxes and delivery costs.
Article 9: right of withdrawal for exchanges
The Customer has a withdrawal period of fourteen calendar days from the receipt of their order (the Products), to return their products in order to exchange them if they are not suitable, as stipulated in Article L121-16 of the French Consumer Code.
To exercise their right of withdrawal, the Customer is invited to contact the company via the various means made available, as stipulated in Article 1. When the Customer is invited to return their Products, the Products must be returned to the following address:
LES ARCHETIERS FRANCAIS
10 Rue de Constantinople
75008 PARIS
France
The products must be in the initial state when the Order was received by the Customer. Any damaged Product (except for lack of conformity or manufacturing defect) will not be taken back and exchanged. The Customer must specify the purpose of the shipment as well as their complete contact details (address, name, telephone, order number...) in order to facilitate the processing of the request.
The shipping costs of the Product to be returned must be borne by the Customer. Upon receipt of the Products returned by the Customer, and after inspection by the company, the company will proceed to the exchange or Customer refund as soon as possible. In the case of an error on the place of delivery, the return of the package is the responsibility of the Customer
In order to ensure rapid processing, the Customer is requested to attach all the necessary information to the package intended for the return of the Products: original invoice, packaging, shipping address.
When there is an anomaly in the delivered Products, the Customer is invited to contact the Site in order to know the solutions concerning their Order.
Article 10: protection of personal data
The Site collects personal data about the Customer, during the Order.
This data includes: family name, first name, postal address, e-mail address, telephone number, and possibly date of birth.
This information is necessary to ensure the complete processing of the Customer Order.
In accordance with the "Informatique & Libertés" (Information Technology and Liberty) law of 6 January 1978 as amended, the Customer has the right to access, rectify, modify and delete data concerning them, by contacting the company via the various means made available, as stipulated in Article 1.
Article 11: applicable law and treatment of dispute and complaints
Applicable law: the hereby contract is subjected to French law. The language of the original contract is French, this translation is offered only for information purposes. In case of dispute, only the French tribunals will be competent.
Treatment of complaints: For any complaint, the Customer may contact the customer service via the contact details as indicated in Article 10 of these GTCs.
Our Company concurs with the Code of Ethics of Fevad (E-commerce and distance selling federation).
Should you find a problem with an Order: http://www.fevad.com/mediation
Mediation of consumer dispute: According to the dispositions of Consumer Code concerning the amicable settlement of dispute, “Les Archetiers Français” concurs to the Mediation Service for e-commerce at FEVAD (E-commerce and distance selling federation), whose contact details are as follow: 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr
You may access the mediation service for consumer dispute when ordering from LES ARCHETIERS FRANCAIS on the Internet. According to the applicable rules of mediation, any consumer dispute must be previously sent in writing to LES ARCHETIER FRANCAIS, 10 rue de Constantinople 75008 PARIS France.
After this prerequisite step of written contact by the Customer to LES ARCHETIERS FRANCAIS, the Mediation Service may be referred to for any consumer dispute whose settlement is not successful.
You may get access to referral conditions to the mediation service here: http://www.mediateurfevad.fr/index.php/espace-consommateur/
Platform for the Online Settlement of Disputes: According to article 14 of the Regulation (EU) number 524/2013, the European Commission has developed a platform for the Online Settlement of Disputes, facilitating the independent settlement via extrajudicial ways of online disputes between customers and professionals in the European Union. This platform is available at https://webgate.ec.europa.eu/odr/
Article 12: intellectual property
12.1 - All texts, comments, work, brands, illustrations and images reproduced or represented on the site of “Les Archetiers Français” are strictly reserved and protected by intellectual property and for the whole world. In this concern, and according to the Intellectual Property Code, only a private use subject to different or more restricting dispositions of the Intellectual Property Code is authorized. Any total or partial reproduction of the site of “Les Archetiers Français” is strictly prohibited.
12.2 – The social names, brands and distinctive signs reproduced on the sites of “Les Archetiers Français” are protected by the Law of Brands. Any total or partial reproduction of these aforementioned signs is prohibited and must be previously authorized in writing by the brand owner.
Annex 1.
Article L. 217-4 of the French Consumer Code:
The seller shall deliver goods that comply with the contract and is liable for any compliance defects in existence at the time of delivery. They are also liable for any compliance defects resulting from the packaging, assembly instructions or installation where is responsible for these under the contract or they have been performed under their responsibility.
Article L. 217-5 of the French Consumer Code:
In order to comply with the contract, the goods must:
- be fit for the purpose usually expected of such goods and, where applicable:
- correspond to the description provided by the seller and possess the qualities that they have presented to the buyer in the form of a sample or model;
- possess the qualities that a buyer may legitimately expect vis-à-vis the public declarations made by the seller, producer or its representative, notably in advertising or on the labelling;
- or present the characteristics jointly defined by the parties or be fit for any special purposes sought by the buyer, brought to the attention of the seller and accepted by them.*
Article L. 217-12 of the French Consumer Code:
“Action resulting from compliance defect is limited to two years after the delivery of the good.”
Article L217-16 of the French Consumer Code:
When the buyer asks the seller, during the course of the commercial guarantee which was granted to them during the acquisition or the repair of a movable property, a reinstatement covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 of the French Civil Code:
The seller is obliged to guarantee against hidden defects in the item sold which might render it unfit for the use for which it is intended, or that might decrease this usefulness of the product to such an extent that the buyer would not have acquired it, or would have paid a lower price, had they known of the defect.
Article 1648 para. 1 of the French Civil Code:
Action resulting from hidden defects must be taken by the buyer within two years after discovery of the defect.
Annex 2 – Withdrawal form
Please fill in and send this form only if you wish to withdraw from your order on https://www.lesarchetiersfrancais.fr (products sold and sent by “Les Archetiers Français”) – except exclusion or limits to the exercise of your withdrawal right following the General Terms and Conditions of Sale applicable.
To “Les Archetiers Français), 10 rue de Constantinople, 75008 PARIS France
I hereby inform you of my withdrawal from the sale contract of the item / from the service contract hereafter:
Ordered on ………………………..….. Received on ……………………. (*)
Order number ………………………………..
Customer(s) name …………………………..
Customer’s address …………………………………………………………………………….
Customer’s signature (only in case of paper-based notification of this form):
Date: ……………………………………….
(*) please cross out the inappropriate mention