These General Terms and Conditions came into force on December 31, 2022.
ARTICLE 1. PREAMBLE
These Terms and Conditions of Sale and Use (hereinafter the "Terms and Conditions") define the terms and conditions of use of the services offered on the www.laquincaillerie.com website (hereinafter the "Site"), as well as the rights and obligations of the parties in this context.
The General Terms and Conditions are accessible at all times via a direct link at the bottom of the Site's home page and govern the sale of Products on the Site. Consequently, each user must read them before using or purchasing from the Site. Use of the Site is subject to full acceptance of the current General Terms and Conditions. The General Terms and Conditions are expressly validated by each user or customer (hereinafter referred to as the "User" or the "Customer") prior to any Order validation.
ARTICLE 2. DEFINITIONS
In the body of these General Terms and Conditions, words beginning with a capital letter refer to the definitions below:
Customer: refers to the natural person of legal age and capacity to contract who orders from the Site as a consumer, or the natural person or legal entity who orders from the Site as a professional.
Order : refers to the purchase of a Product by the Customer on the Site and under the conditions stipulated in the contract.
Personal Data: means any information relating to a User or Customer or more generally to an identified or identifiable natural person, it being specified that an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity.
Product Index Card: shall designate all information or data supplied by the Company pertaining to Products sold on the Site.
Price: refers to the price of Products that will be invoiced to the Customer.
Product(s ): shall designate all products offered for sale on the Site.
Site: refers to the Internet site published by the Company.
User: designates the natural person who consults, browses and acquaints himself/herself with the Products offered on the Site, whether or not he/she places an Order. A User may or may not be a Customer.
ARTICLE 3. ACCESSIBILITY
The Site is accessible, subject to the restrictions set out on the Site, to any individual or legal entity with full legal capacity to enter into commitments under these General Terms and Conditions. Individuals who do not have full legal capacity may only access the Site and services with the consent of their legal representative.
All orders are expressly and imperatively subject to acceptance of the present General Terms and Conditions. This acceptance is evidenced by a box to be ticked before registering on the Site or placing an order. This acceptance can only be full and complete.
ARTICLE 4. ORDERING
Individuals:
Customers have the option of ordering remotely via the Company's website.
When placing an Order, the Customer undertakes to provide the following information:
Gender
Name
First name
Date of birth
Email address
Phone number
Postal address
To complete the Order, the Customer must follow the online purchasing process and click on "Order" to submit the Order.
By clicking on the "validate and pay" button during the order process, and after checking the contents of the order in the "shopping basket" and, if applicable, modifying it, the Customer declares that he/she fully and unreservedly accepts all of the General Terms and Conditions.
The Order will only be definitive once the corresponding Price has been paid.
Customers will receive confirmation of their order by e-mail and may access the General Terms and Conditions of Sale via the Site at any time.
However, the Company reserves the right to refuse any Order for legitimate reasons.
Professionals
Customers have the option of ordering remotely via the Company's website.
When placing an Order, the Customer undertakes to provide the following information:
Company name
Name
First name
Email address
Phone number
Postal address
VAT number
Kbis extract
To complete the Order, the Customer must follow the online purchasing process and click on "Order" to submit the Order.
By clicking on the "validate and pay" button during the order process, and after checking the contents of the order in the "shopping basket" and, if applicable, modifying it, the Customer declares that he/she fully and unreservedly accepts all of the General Terms and Conditions.
The Order will only be definitive once the corresponding Price has been paid.
Customers will receive confirmation of their order by e-mail and may access the General Terms and Conditions of Sale via the Site at any time.
However, the Company reserves the right to refuse any Order for legitimate reasons.
ARTICLE 5. PRODUCTS ON QUOTATION
Some of the Products offered on the Site are available by quotation only.
The Customer must fill in all the compulsory information in order to receive the quotation for the desired Product.
The Company's teams may also contact the customer directly by telephone to finalize the quotation.
The Customer will receive a quotation proposal by e-mail. The customer has 30 days from receipt of the quotation to accept or reject it.
If the quotation is accepted, the Customer must pay for the quotation. Validation of the quotation is only effective when the Customer pays by secure electronic payment directly on the site, or by bank transfer or cheque in accordance with the conditions set out below. Payment of the price by the Customer constitutes acceptance of the quotation. The Customer acknowledges that his acceptance of the quotation is made in consideration of the description of the services included in the quotation.
ARTICLE 6. CUSTOMER ACCOUNT CREATION AND MANAGEMENT
Acceptance of these General Terms and Conditions automatically leads to the opening of a personal account in the Customer's name (hereinafter referred to as the "Account"), enabling him/her to track his/her Order remotely. The Customer may access his Account at any time via the Site, after logging in using his login and password.
The Customer undertakes to use the Account personally and not to allow any third party to use it in his place or on his behalf. He is likewise responsible for maintaining the confidentiality of his login and password. He/she must immediately contact the Company if he/she notices that his/her Account has been used without his/her knowledge. He acknowledges the Company's right to take all appropriate measures in such a case. This Account may be terminated in the event of inactivity in accordance with our current Privacy Policy, or in the event of a breach by the User of these General Terms and Conditions.
ARTICLE 7. PRICES
Prices are given in euros and are exclusive of VAT and delivery charges.
The delivery costs of the Customer's Order will be indicated to the Customer prior to its final validation.
The Company reserves the right to modify the Price of the Products at any time, the latter being invoiced on the basis of the prices in force on the day the Order is validated.
In the event of an error on the Site as to the price indicated, the Company reserves the right to cancel the order, without the Customer being able to claim any compensation whatsoever.
ARTICLE 8. PAYMENT
Once the order has been validated, two situations must be distinguished:
- In the case of payment by credit card: final validation of the order will take place once bank authorization has been given. A final confirmation will then be sent to the customer, containing all the details of the order.
- In the case of payment by bank or postal cheque: an order confirmation will be sent to the customer after validation of the order. However, final validation of the order will only take place once payment has been received and verified. If payment is not received and validated within ten (10) days, the Company will automatically consider the order interrupted.
Only the final validation of the order commits the Company contractually to the Customer.
The Company is in no way responsible for any charges that may be levied by the Customer's credit card issuer or bank in connection with the payment of the Order by credit card.
The Customer agrees to receive an electronic invoice, which constitutes proof of purchase. The Customer is therefore advised to save and print the document for future reference.
ARTICLE 9. AVAILABILITY OF PRODUCTS
Products are offered on the site while stocks last. Therefore, in the event of unavailability of the product ordered, the company undertakes to inform the customer as soon as possible and will either reimburse the product (including shipping costs) within a maximum period of 30 days, or place a new order for the product with its supplier if the customer agrees. In the latter case, the order will be considered final.
ARTICLE 10. DELIVERY
By delivery we mean all the means used to deliver Products ordered via the Site.
The specifics of the different delivery methods are detailed below.
Deliveries can only be made in Metropolitan France.
Delivery will be made to the address indicated by the customer when placing the order.
Deadlines
Delivery will take place within the time indicated on the order confirmation.
Deliveries cannot be made at weekends or on public holidays.
Delivery times are calculated from the day following payment by credit card, subject to acceptance of the latter, or from receipt of the bank or postal cheque.
The Company undertakes to use all necessary means to meet the delivery dates indicated.
If the delivery time is exceeded by more than seven (7) days, the customer may cancel the order by telephone or via our order form.
The order will be reimbursed to the Customer within a maximum of thirty (30) days following receipt of the request.
Delivery rates: You will find all information on our delivery rates when you place your order.
Transfer of ownership: Ownership is transferred upon delivery of the Product.
Transfer of risks: The Customer bears all risks of damage to and/or loss of the Product from the moment the order is dispatched.
Anomaly : In the event of an apparent anomaly with the parcel (in particular a damaged or open parcel, etc.), the Customer must not open the parcel and is invited to return it unopened to the post office within five working days, where a report will be drawn up.
ARTICLE 11. IN-STORE COLLECTION OF PRODUCTS
These Terms and Conditions govern the ability to order products online from the Site for collection in-store.
For 'Pick-up in store' orders, the customer will not be charged any processing or shipping fees.
To place an order, the Customer must select "In-store collection" when viewing the desired Products.
Once the order has been validated, the Customer will receive a confirmation message indicating a provisional date when the order will be available in the store.
Availability: The available quantities indicated at the time of ordering are based on the stocks of the website and in no way those of physical stores. In the event of total or partial unavailability of the order, the customer will be contacted by the teams in charge of the e-commerce site.
If the Product cannot be supplied, the Company reserves the right to cancel the order.
Collection: During collection, the order number and proof of identity may be requested. The order will be kept for fifteen (15) days from the date it is made available at the pick-up location. After this period, it will be cancelled. In this case, the order will be reimbursed in full to the customer, with the exception of products made to order.
Payment : The Customer shall pay for his order 100% online under the conditions set out in the Payment article.
Article 12. Right of withdrawal
It is hereby specified that the right of withdrawal provided for in article L.221-18 et seq. of the French Consumer Code does not apply to sales between professionals.
However, only Products purchased in-store may be returned within 30 days of purchase. In this case, the Company may issue the Customer with a credit note corresponding to the price of the Product, valid for one year from the date of issue.
These credit notes can only be used in the store and not on the e-commerce site.
ARTICLE 13. GUARANTEES
Individuals
| Legal warranty of conformity | Legal warranty against hidden defects |
| The Customer may take action under the legal warranty of conformity in accordance with the following provisions of the French Consumer Code. Articles L.217-4 to L.217-14 of the French Consumer Code: https: //www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006069565/LEGISCTA000032221271/#LEGISCTA000032226943 | The Customer may take action under the legal warranty for hidden defects in accordance with the following provisions of the Civil Code. Articles 1641 to 1649 of the French Civil Code: https: //www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006070721/LEGISCTA000006165624/#LEGISCTA000006165624 |
| Article L.217-4 The seller delivers goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility. | Article 1641 The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them. |
| Article L217-9 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 cost that is manifestly disproportionate to the other option, given the value of the good or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer. Article L217-10 If repair and replacement of the good are impossible, the buyer may return the good and have the price refunded, or keep the good and have part of the price refunded. The same option is available to the buyer: 1° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the good and its intended use. However, the sale may not be rescinded if the lack of conformity is minor. | Article 1644 In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded. Article 1645 If the seller was aware of the defects in the thing, he is bound, in addition to restitution of the price he received, to pay all damages to the buyer. Article 1646 If the seller was unaware of the defects of the thing, he will only be held to the restitution of the price, and to reimburse the buyer for the expenses incurred by the sale. Article 1647 If the thing which was defective has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for restitution of the price and the other indemnities explained in the two preceding articles. However, loss due to unforeseen circumstances will be for the buyer's account. |
| Article L217-12 Action resulting from a lack of conformity is barred after two years from delivery of the goods. | Article 1648 The buyer must bring an action for redhibitory defects within two years of discovery of the defect. |
Professionals
| Legal warranty against hidden defects |
| The Customer may take action under the legal warranty for hidden defects in accordance with the following provisions of the Civil Code. Articles 1641 to 1649 of the French Civil Code: https: //www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006070721/LEGISCTA000006165624/#LEGISCTA000006165624 |
| Article 1641 The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them. |
| Article 1644 In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded. Article 1645 If the seller was aware of the defects in the thing, he is bound, in addition to restitution of the price he received, to pay all damages to the buyer. Article 1646 If the seller was unaware of the defects of the thing, he will only be held to the restitution of the price, and to reimburse the buyer for the expenses incurred by the sale. Article 1647 If the thing which was defective has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for restitution of the price and the other indemnities explained in the two preceding articles. However, loss due to unforeseen circumstances will be for the buyer's account. |
| Article 1648 The buyer must bring an action for redhibitory defects within two years of discovery of the defect. |
ARTICLE 14. INTELLECTUAL PROPERTY
The systems, software, structures, infrastructures, databases and content of all kinds (text, images, visuals, music, logos, trademarks, databases, etc.) used by the Company on the Site are protected by current intellectual property rights. All disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of the Company, are strictly prohibited. Any violation of the foregoing provisions may constitute an act of counterfeiting liable to engage the civil and/or criminal liability of its author.
ARTICLE 15. DATA PROTECTION PERSONAL DATA
The collection and processing of personal data by the Company from the Site is subject to a personal data protection policy available on the Site's home page.
ARTICLE 16. CUSTOMER NOTICES
The Company publishes customer reviews on its Site, free of charge. The authenticity of these reviews is verified by a trusted third party, avis-verifies.com, which collects, moderates and returns consumer reviews in compliance with the NF Z74-501 standard and NF522 certification rules.
The conditions under which notices are collected and circulated are specified on page https://www.avis-verifies.com/index.php?page=mod_afnor.
ARTICLE 17. SITE ACCESS
In principle, the Site is accessible 24 hours a day, 7 days a week. However, the Company declines all responsibility, without this list being limitative:
- In the event of interruption of the Site for technical maintenance or updating of published information ;
- In the event of temporary impossibility of access to the Site due to technical problems, whatever their origin or source;
- In the event of unavailability or overloading or any other cause preventing the normal operation of the network used to access the Site ;
- In the event of contamination by any computer viruses circulating on the network;
- More generally, in the event of direct or indirect damage caused to the User, whatever its nature, resulting from access to or use of the Site;
- In the event of abnormal use or illicit exploitation of the Site ;
- In the event of loss by the User of his login and/or password or in the event of usurpation of his identity.
ARTICLE 18. MODIFICATIONS
The parties agree that the Company may, by right, modify the terms of these General Terms and Conditions, particularly in view of the technical evolution of the Site. Modifications are presented on the Site, and it is then up to the User to take note of them, which he expressly accepts.
If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
ARTICLE 19. APPLICABLE LAW DISPUTE RESOLUTION
The Contract is governed by French law.
In the event of a complaint that has not been resolved amicably between the Parties, and in accordance with Article L612-1 of the French Consumer Code, the Customer may have free recourse to the CNPMEDIATION CONSOMMATION mediation service at 27, avenue de la Libération 42 400 SAINT CHAMOND, to which the Company is a member. The Mediation Service may be contacted for any consumer dispute that has not been settled. The customer may also contact the dispute resolution platform set up by the European Commission at the following address: http: //ec.europa.eu/consumers/odr/. Failing amicable resolution, any dispute relating to the interpretation and performance of the Contract shall be submitted to the legally competent courts.
For professional customers:
In the event of a claim not amicably resolved between the Parties, any dispute and/or difficulty of interpretation or
of performance of this contract will fall under the jurisdiction of the competent courts within the jurisdiction of the Paris Court of Appeal
.