Terms and Conditions of Sale

These Terms and Conditions took effect on December 31, 2022.

ARTICLE 1. PREAMBLE

These General Terms and Conditions of Sale and Use (hereinafter the “General Terms and Conditions”) set forth the terms and conditions governing the use of the services offered on the website www.laquincaillerie.com (hereinafter the “Website”), as well as the rights and obligations of the parties in this regard.

The Terms and Conditions are accessible at any time via a direct link at the bottom of the Site’s home page and govern the sale of Products on the Site. Therefore, each user must read them carefully before using the Site or making any purchase on the Site. Use of the Site is subject to the user’s unconditional acceptance of the current Terms and Conditions. The Terms and Conditions are expressly accepted by any user or customer (hereinafter: the “User” or the “Customer”) prior to confirming the Order.

ARTICLE 2. DEFINITIONS 

Throughout these Terms and Conditions, words beginning with a capital letter refer to the definitions below:

Customer: means a customer who is a natural person, of legal age, and legally capable of entering into contracts, and who places an order on the Site as a consumer; or a customer—whether a natural person or a legal entity—who places an order on the Site as a business entity

Order: means the purchase of a Product made by the Customer on the Website in accordance with the terms and conditions set forth in the contract.

Personal Data: means any information relating to a User or the Customer, or more generally to an identified or identifiable natural person, it being understood that an identifiable natural person is a natural person 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 one or more specific factors specific to their physical, physiological, genetic, mental, economic, cultural, or social identity.

Product Description: refers to the information or details provided by the Company regarding the Products sold on the Site.

Price: refers to the price of the Products that will be billed to the Customer.

Product(s): refers to the products offered for sale on the Site.

Website: means the website published by the Company.

User: means the individual who views, browses, or reviews the Products offered on the Site, whether or not they place an Order. A User may or may not be a Customer.

ARTICLE 3. ACCESSIBILITY

The Site is accessible, subject to the restrictions set forth on the Site, to any individual or legal entity with full legal capacity to enter into a binding agreement under these Terms and Conditions. An individual who does not have full legal capacity may access the Site and its services only with the consent of his or her legal representative.

Any order is expressly and strictly subject to acceptance of these Terms and Conditions. This acceptance is indicated by checking a box before registering on the Site or placing an order. This acceptance must be full and complete.

ARTICLE 4. ORDER

Individuals:

Customers can place orders online through the Company's website.

When placing an Order, the Customer agrees to provide the following information:

Sex

Last Name

First Name

Date of Birth

Email address

Phone number

Mailing Address

To place an Order, the Customer must follow the online checkout process and click “Place Order” to submit the Order.

By clicking the “Confirm and Pay” button during the checkout process—after reviewing the contents of their order in the “Shopping Cart” and, if necessary, making changes to it—the Customer declares that they fully and unreservedly accept all of the Terms and Conditions.

The Order will not be final until the corresponding Price has been paid.

The Customer will receive an order confirmation via email and may access the Terms and Conditions of Sale at any time through the Website.

The Company reserves the right, however, to refuse any Order for legitimate reasons. 

Professionals

Customers can place orders online through the Company's website.

When placing an Order, the Customer agrees to provide the following information:

Corporate Name

Last Name

First Name

Email address

Phone number

Mailing Address

VAT Number

Kbis Extract

To place an Order, the Customer must follow the online checkout process and click “Place Order” to submit the Order.

By clicking the “Confirm and Pay” button during the checkout process—after reviewing the contents of their order in the “Shopping Cart” and, if necessary, making changes to it—the Customer declares that they fully and unreservedly accept all of the Terms and Conditions.

The Order will not be final until the corresponding Price has been paid.

The Customer will receive an order confirmation via email and may access the General Terms and Conditions of Sale at any time through the Website.

The Company reserves the right, however, to refuse any Order for legitimate reasons. 

ARTICLE 5. CUSTOM-ORDERED PRODUCTS

Some products offered on the Site are available only upon request for a quote.

The Customer must provide all required information in order to receive a quote for the desired Product.

The Company's teams may also contact the Client directly by phone to finalize the quote.

The Customer will receive a quote via email. The Customer will have 30 days from the date of receipt of the quote to accept or reject it.

If the Client accepts the quote, the Client must pay the amount stated in the quote. The quote is not considered accepted until the Client makes payment via secure electronic payment directly on the website, or by bank transfer or check, in accordance with the terms set forth below. Payment of the price by the Client constitutes acceptance of the quote. The Client acknowledges that their acceptance of the quote is based on the description of the services included in the quote.

ARTICLE 6. CREATION AND MANAGEMENT OF THE CUSTOMER ACCOUNT

Acceptance of these Terms and Conditions automatically results in the opening of a personal account in the Customer’s name (hereinafter: the “Account”), which allows the Customer to track their Order online. The Customer may access their Account at any time via the Website after logging in with their username and password.

The Customer agrees to use the Account personally and not to allow any third party to use it in their place or on their behalf. The Customer is also responsible for maintaining the confidentiality of their username and password. The Customer must immediately contact the Company if they notice that their Account has been used without their knowledge. The Customer acknowledges the Company’s right to take all appropriate measures in such cases. This Account may be terminated in the event of inactivity in accordance with our current Privacy Policy, or in the event of the User’s breach of these Terms and Conditions.

ARTICLE 7. PRICE

Prices are listed in euros and are shown both excluding and including tax, excluding shipping costs. 

The shipping costs for the Customer's Order will be displayed to the Customer before the Order is finally confirmed. 

The Company reserves the right to change the price of the Products at any time; the Products will be billed based on the rates in effect on the date the Order is confirmed.

In the event of an error on the Website regarding the listed price, the Company reserves the right to cancel the order, and the Customer shall not be entitled to claim any compensation on any grounds whatsoever.

ARTICLE 8. PAYMENT

Once the order has been confirmed, there are two possible scenarios:

  • For credit card payments: the order will be definitively confirmed once the bank has authorized the charge. A final confirmation will then be sent to the Customer, detailing all the information related to the order.
  • In the case of payment by bank or postal check: an order confirmation will be sent to the Customer after the order is validated. However, the order will not be definitively confirmed until payment is received and verified. If payment is not received and verified within ten (10) days, the Company will automatically consider the order canceled.

Only the final confirmation of the order constitutes a binding contractual obligation on the part of the Company toward the Customer.

The Company shall in no event be liable for any fees that may be charged by the Customer’s issuing institution or bank in connection with payment of the Order by credit card. 

The Customer agrees to receive an electronic invoice, which serves as proof of purchase. The Customer is therefore advised to save and print the document for future reference. 

ARTICLE 9. PRODUCT AVAILABILITY

Products are offered on the website while supplies last. Therefore, if the ordered product is unavailable, the company agrees to notify the customer as soon as possible and will either issue a refund for the product (including shipping costs) within a maximum of 30 days, or place a new order for the product with its supplier, subject to the customer’s consent. In the latter case, the order will be considered final.

ARTICLE 10. DELIVERY

By “delivery,” we mean all the methods used to deliver the Products ordered through the Site.

The details regarding the various delivery methods are outlined below.

Deliveries can only be made to mainland France.

Delivery will be made to the address the customer provided when placing the order.

Deadlines

Delivery will take place within the timeframe indicated on the order confirmation.

Deliveries cannot be made on weekends or holidays.

Delivery times begin the day after payment is made by credit card, subject to approval of the payment, or upon receipt of a bank or postal check.

The Company is committed to taking all necessary steps to ensure that the specified delivery dates are met.

If the delivery time is exceeded by more than seven (7) days, the Customer may cancel their order by phone or through our online form.

The Customer will be refunded for the order within a maximum of thirty (30) days following receipt of the request.

Shipping Rates: You'll find all the information about our shipping rates when you place your order.

Transfer of Ownership: Ownership is transferred upon delivery of the Product.

Transfer of Risk: The Customer assumes all risks of damage to and/or loss of the Product as soon as the order is shipped.

Problem: If there is an apparent problem with the package (such as damage or an open package), the Customer must not open the package and is asked to return it unopened to the post office within five business days and file a report there.

ARTICLE 11. IN-STORE PRODUCT PICKUP

These Terms and Conditions govern the ability to order products online through the Website for in-store pickup.

For “In-Store Pickup” orders, the Customer will not be charged any processing or shipping fees.

To place an order, the Customer must select “In-Store Pickup” when viewing the desired Products.

Once the order has been confirmed, the Customer will receive a confirmation message indicating the estimated date when the order will be available in the store.

Availability: The available quantities shown at the time of ordering are based on inventory on the website and do not reflect inventory at physical stores. In the event that an order is completely or partially unavailable, the Customer will be contacted by the team responsible for the e-commerce site.

If the Product cannot be supplied, the Company reserves the right to cancel the order.

Pickup: When picking up your order, you may be asked to provide your order number and a form of identification. The order will be held for fifteen (15) days from the date it becomes available at the pickup location. After this period, the order will be canceled. In this case, the Customer will receive a full refund for the order, except for products made to order.

Payment: The Customer shall pay for the order in full online, in accordance with the terms set forth in the “Payment” section.

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 Consumer Code does not apply to sales between businesses.

However, only Products purchased in-store may be returned within 30 days of the date of purchase. In such cases, the Company may issue the Customer a credit note equal to the price of the Product, which will be valid for one year from the date it is issued to the Customer.

These credits can only be used in-store and under no circumstances on the e-commerce site.

ARTICLE 13. WARRANTIES

Individuals

Legal Warranty of ConformityStatutory Warranty Against Hidden Defects
The Customer may exercise rights under the statutory warranty of conformity in accordance with the following provisions of the Consumer Code. Articles L.217-4 through L.217-14 of the Consumer Code: https://www.legifrance.gouv.fr/The Customer may exercise rights under the statutory warranty against hidden defects in accordance with the following provisions of the Civil Code. Articles 1641 through 1649 of the Civil Code: https://www.legifrance.gouv.fr/
Article L.217-4 The seller shall deliver goods that conform to the contract and shall be liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for any lack of conformity resulting from the packaging, assembly instructions, or installation, when such installation was the seller’s responsibility under the contract or was carried out under the seller’s supervision.Article 1641 The seller is liable under the warranty for hidden defects in the item sold that render it unfit for its intended use, or that so impair its use that the buyer would not have purchased it, or would have paid only a lower price for it, had the buyer known of such defects.
Article L217-9 In the event of a lack of conformity, the buyer may choose between repair and replacement of the goods.
However, the seller may refuse to comply with the buyer’s choice if that choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. The seller is then required to proceed, unless it is impossible to do so, in accordance with the option not chosen by the buyer. Article L217-10 If repair or replacement of the goods is impossible, the buyer may return the goods and receive a refund of the purchase price, or keep the goods and receive a partial refund of the purchase price.  The buyer has the same option: 1° If the solution requested, proposed, or agreed upon pursuant to ArticleL. 217-9cannot be implemented within one month of the buyer’s complaint; 2° Or if such a solution cannot be implemented without causing significant inconvenience to the buyer, given the nature of the goods and the use for which they are intended. However, the sale may not be rescinded if the lack of conformity is minor.
Article 1644 In the cases provided for in Articles1641 and1643, the buyer may choose either to return the item and receive a refund of the purchase price, or to keep the item and receive a partial refund of the purchase price. Article 1645 If the seller was aware of the defects in the item, the seller is liable, in addition to refunding the price received, for all damages to the buyer. Article 1646 If the seller was unaware of the defects in the item, the seller shall be liable only for refunding the purchase price and reimbursing the buyer for any expenses incurred as a result of the sale. Article 1647 If the defective item has been destroyed as a result of its poor quality, the loss shall be borne by the seller, who shall be liable to the buyer for a refund of the price and for the other damages set forth in the two preceding articles. However, any loss resulting from unforeseeable circumstances shall be borne by the buyer.
Article L217-12 The right to bring an action for lack of conformity expires two years after the delivery of the goods.Article 1648 A claim arising from latent defects must be brought by the purchaser within two years of the discovery of the defect.

Professionals

Statutory Warranty Against Hidden Defects
The Customer may exercise rights under the statutory warranty against hidden defects in accordance with the following provisions of the Civil Code. Articles 1641 through 1649 of the Civil Code: https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006070721/LEGISCTA000006165624/#LEGISCTA000006165624
Article 1641 The seller is liable under the warranty for hidden defects in the item sold that render it unfit for its intended use, or that so impair its use that the buyer would not have purchased it, or would have paid only a lower price for it, had the buyer known of such defects.
Article 1644 In the cases provided for in Articles1641 and1643, the buyer may choose either to return the item and receive a refund of the purchase price, or to keep the item and receive a partial refund of the purchase price. Article 1645 If the seller was aware of the defects in the item, the seller is liable, in addition to refunding the price received, for all damages to the buyer. Article 1646 If the seller was unaware of the defects in the item, the seller shall be liable only for refunding the purchase price and reimbursing the buyer for any expenses incurred as a result of the sale. Article 1647 If the defective item has been destroyed as a result of its poor quality, the loss shall be borne by the seller, who shall be liable to the buyer for a refund of the price and for the other damages set forth in the two preceding articles. However, any loss resulting from unforeseeable circumstances shall be borne by the buyer.
Article 1648 A claim arising from latent defects must be brought by the purchaser within two years of the discovery of the defect.

ARTICLE 14. INTELLECTUAL PROPERTY

The systems, software, structures, infrastructure, databases, and content of any kind (text, images, graphics, music, logos, trademarks, databases, etc.) used by the Company on the Site are protected by applicable intellectual property rights. Any disassembly, decompilation, decryption, extraction, reuse, copying, and, more generally, any act of reproduction, representation, distribution, or use of any of these elements, in whole or in part, without the Company’s authorization is strictly prohibited. Any violation of the foregoing provisions may constitute an act of infringement that may result in civil and/or criminal liability for the perpetrator.

ARTICLE 15. PROTECTION OF PERSONAL DATA

The collection and processing of personal data by the Company through the Website are governed by a privacy policy available on the Website’s home page.

ARTICLE 16. CUSTOMER REVIEWS

The Company publishes customer reviews on its Website free of charge. The authenticity of these reviews is verified by a trusted third party, the website avis-verifies.com, which collects, moderates, and publishes consumer reviews in accordance with the NF Z74-501 standard and the NF522 certification rules.

The terms and conditions under which reviews are collected and published are outlined on the page https://www.avis-verifies.com/index.php?page=mod_afnor

ARTICLE 17. ACCESS TO THE SITE

The Site is generally accessible 24 hours a day, 7 days a week. However, the Company disclaims all liability, including but not limited to:

  • In the event that the Site is temporarily unavailable due to technical maintenance or updates to the published information;
  • In the event that the Site is temporarily inaccessible due to technical problems, regardless of their cause or origin;
  • In the event of unavailability, overload, or any other cause preventing the normal operation of the network used to access the Site;
  • In the event of infection by any computer viruses circulating on the network;
  • More generally, in the event of any direct or indirect damages caused to the User, regardless of their nature, resulting from access to or use of the Site;
  • In the event of improper use or unauthorized use of the Site;
  • In the event that the User loses their username and/or password, or in the event of identity theft.

ARTICLE 18. AMENDMENTS

The parties agree that the Company may, as a matter of right, modify the terms of these General Terms and Conditions, particularly in light of technical changes to the Site. Any modifications will be posted on the Site, and it is the User’s responsibility to review them; the User expressly agrees to this.

If one or more provisions of these General Terms and Conditions are deemed invalid or are declared invalid pursuant to a law, regulation, or a final decision by a competent court, the remaining provisions shall remain in full force and effect.

ARTICLE 19. GOVERNING LAW – DISPUTE RESOLUTION

This Agreement is governed by French law.

In the event of a complaint that cannot be resolved amicably between the Parties, and in accordance with Article L612-1 of the Consumer Code, the Customer may, free of charge, seek the assistance of the CNPMEDIATION CONSOMMATION mediation service, located at 27 Avenue de la Libération, 42 400 SAINT CHAMOND, of which the Company is a member, The mediation service may be contacted regarding any consumer dispute that has not been successfully resolved. The Customer may also contact the online dispute resolution platform provided by the European Commission at the following address: http://ec.europa.eu/consumers/odr/. In the absence of an amicable resolution, any dispute regarding the interpretation or performance of the Contract shall be submitted, in the absence of an amicable agreement, to the courts having legal jurisdiction.

For business customers:
In the event of a dispute that cannot be resolved amicably between the Parties, any dispute and/or difficulty regarding the interpretation or
of this contract shall fall under the jurisdiction of the competent courts within the jurisdiction of the Paris Court of Appeal
.