These General Terms and Conditions took effect on June¹, 2021

ARTICLE 1. PREAMBLE

These General Terms and Conditions of Sale and Use (hereinafter the “General Terms and Conditions”) set forth the terms and conditions for using 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 General 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. Consequently, each user must read them before using the Site or making any purchase on the Site. Use of the Site is subject to unconditional acceptance of the General Terms and Conditions in effect. The General Terms and Conditions are expressly accepted by any user or customer (hereinafter: the “User” or the “Customer”) prior to the confirmation of any Order.

ARTICLE 2. DEFINITIONS

In the text of these General Terms and Conditions, words beginning with a capital letter refer to the definitions below:

Customer: refers to 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.

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

Personal data: refers to any information relating to a User or the Customer, or more generally to an identified or identifiable natural person, it being specified that an identifiable natural person is defined as 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 factors specific to the natural person’s physical, physiological, genetic, psychological, economic, cultural, or social identity.

Product sheet: means the information provided by the Company regarding the Products sold on the Site.

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

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

Site: refers to the website published by the Company.

User: refers to the individual who views, browses, or reviews the Products offered on the Site, regardless of whether or not he places 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 agreements under these General Terms and Conditions. An individual who does not have full legal capacity may access the Site and the services only with the consent of his or her legal representative.

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

ARTICLE 4. ORDERED

Individuals:

Customers can place orders online on the Company’s website.

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

Gender

Last name

First Name

Date of Birth

Email address

Phone number

Address

To place an order, the customer must follow the online purchase process and click “Order” to submit the order.

By clicking the “Confirm and Pay” button during the ordering 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 these General Terms and Conditions in their entirety.

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

The Customer will receive an order confirmation by email and will be able to access the General Terms and Conditions of Sale at any time via the Site.

However, the Company reserves the right to refuse any order for legitimate reasons.

Professionals

Customers can place orders online on the Company’s website.

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

Company Name

Last name

First Name

Email address

Phone number

Address

VAT number

Kbis extract

To place an order, the customer must follow the online purchase process and click “Order” to submit the order.

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

The Customer will receive an order confirmation by email and will be able to access the General Terms and Conditions of Sale at any time via the Site.

However, the Company reserves the right to refuse any order for legitimate reasons.

ARTICLE 5. PRODUCTS ON ESTIMATE

Certain products offered on the Site are available only upon request.

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

The Company’s teams will also be able to contact the Customer 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 estimate is accepted, the Customer must pay for it. The quote is considered accepted only when the Customer 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 Customer constitutes acceptance of the estimate. The Customer acknowledges that his acceptance of the estimate is based on the description of the services included in the estimate.

ARTICLE 6. CREATION AND MANAGEMENT OF THE CUSTOMER ACCOUNT

Acceptance of these General 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 monitor their Order remotely. The Customer can access their Account at any time through the Site 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 his place or on his behalf. The User is also responsible for maintaining the confidentiality of his or her username and password. The User must immediately contact the Company if he or she notices that the Account has been used without his or her knowledge. The User 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 the User’s breach of these General Terms and Conditions.

ARTICLE 7. PRICE

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

The delivery costs for the Customer’s Order will be disclosed to the Customer before the Order is finalized.

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

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

ARTICLE 8. PAYMENT

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

If paying by credit card: the order will be finalized once authorization has been granted by the issuing bank. A final confirmation will then be sent to the Customer, including all details 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 fully 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 binds the Company contractually to the Customer.

The Company is in no way responsible for any fees that may be charged by the Customer's issuing institution or bank when the Order is paid 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. AVAILABILITY OF PRODUCTS

The Products are offered on the Site while supplies last. Therefore, if the ordered Product is unavailable, the Company agrees to notify the Customer as soon as possible and will either refund the cost of the Product (including shipping costs) within a maximum of 30 days, or place a new order for the Product from its supplier if the Customer agrees. In the latter case, the order will be considered final.

ARTICLE 10. DELIVERY

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

The details regarding the various delivery methods are provided below.

Deliveries can only be made to mainland France.

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

Time limit

Delivery will take place within the time frames specified in the order confirmation.

Deliveries cannot be made on weekends or public holidays.

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

The Company undertakes to take all necessary measures to meet the specified delivery dates.

If the delivery time exceeds seven (7) days, the Customer may cancel the order by phone or through our online form.

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

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

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

Risk Transfer: The Customer assumes all risks of damage and/or loss of the Product upon shipment of the order.

Anomaly: If there appears to be an anomaly with the package (including damage or an open package, etc.), 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.

ARTICLE 11. RETURN OF PRODUCTS IN-STORE

These Terms and Conditions govern the right to order products online on the Site for in-store pickup.

For “In-store pickup” orders, no processing or shipping fees will be charged to the customer.

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 an estimated date when the order will be available in the store.

Availability: The available quantities shown during the ordering process are based on the website's inventory and do not reflect the inventory of physical stores. In the event that all or part of the order is unavailable, the Customer will be contacted by the team responsible for the e-commerce site.

If it is impossible to supply the Product, the Company reserves the right to cancel the order.

Pickup: When picking up an 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 time it becomes available at the pickup location. After this period, it will be canceled. In this case, the Customer will receive a full refund for the order, with the exception of custom-made products.

Payment: The Customer will 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 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 this case, the Company may issue the Customer a credit note for the price of the Product, which will be valid for one year from the date it is delivered to the Customer.

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

ARTICLE 13. WARRANTY

Individuals

Legal Guarantee of Conformity	Statutory Warranty Against Hidden Defects
The Customer may exercise the legal 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/codes/section_lc/LEGITEXT000006069565/LEGISCTA000032221271/#LEGISCTA000032226943	The Customer may exercise the legal 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 L.217-4 The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when such matters have been assigned to the seller under the contract or have been carried out under the seller’s responsibility.	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 impair its use to such an extent that the buyer would not have purchased it, or would have paid a lower price, had he known of them.
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 not 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. In such a case, the seller is required to comply with the option not chosen by the buyer, unless this is impossible. Article L217-10 If repair or replacement of the goods is not possible, 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 same option is available to the buyer: 1) If the solution requested, proposed, or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer’s complaint; 2) Or if this solution would cause significant inconvenience to the buyer, taking into account 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 Articles 1641 and 1643, the buyer may choose either to return the item and receive a refund of the price, or to keep the item and receive a partial refund of the 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 owed to the buyer. Article 1646 If the seller was unaware of the defects in the item, the seller is only required to refund the price and reimburse the buyer for the costs incurred in connection with the sale. Article 1647 If the defective item has perished as a result of its poor quality, the loss is borne by the seller, who is liable to the buyer for the refund of the price and the other compensation set forth in the two preceding articles. However, any loss resulting from a fortuitous event is borne by the buyer.
Article L217-12 The right to bring a claim for lack of conformity expires two years after delivery of the goods.	Article 1648 The purchaser must bring an action for latent defects within two years of discovering the defect.

Professionals

Statutory Warranty Against Hidden Defects

The Customer may exercise the legal 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 impair its use to such an extent that the buyer would not have purchased it, or would have paid a lower price, had he known of them.

Article 1644 In the cases provided for in Articles 1641 and 1643, the buyer may choose either to return the item and receive a refund of the price, or to keep the item and receive a partial refund of the 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 owed to the buyer. Article 1646 If the seller was unaware of the defects in the item, the seller is only required to refund the price and reimburse the buyer for the costs incurred in connection with the sale. Article 1647 If the defective item has perished as a result of its poor quality, the loss is borne by the seller, who is liable to the buyer for the refund of the price and the other compensation set forth in the two preceding articles. However, any loss resulting from a fortuitous event is borne by the buyer.

Article 1648 The purchaser must bring an action for latent defects within two years of discovering the defect.

ARTICLE 14. INTELLECTUAL PROPERTY

The systems, software, structures, infrastructure, databases, and content of any kind (texts, images, visuals, music, logos, trademarks, databases, etc.) operated by the Company on the Site are protected by applicable intellectual property rights. Any disassembly, decompilation, decryption, extraction, reuse, copying, and, more generally, any acts of reproduction, display, distribution, or use of any of these elements, in whole or in part, without the Company’s authorization are strictly prohibited. Any violation of the above provisions may constitute an act of infringement that could 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 Site are governed by a privacy policy available on the Site's home page.

ARTICLE 16. CUSTOMER FEEDBACK

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

The conditions under which reviews are collected and shared are specified 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 assumes no liability for the following, among other things:

In the event that the Site is temporarily unavailable due to technical maintenance or updates to published information;
In the event that access to the Site is temporarily unavailable 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 damage of any kind caused to the User as a result of accessing or using the Site;
In the event of improper use or unauthorized exploitation of the Site;
In the event that the User loses his username and/or password, or in the event of identity theft.

ARTICLE 18. UPDATES

The parties have agreed that the Company may, as a matter of right, modify the terms of these General Conditions, taking into account, in particular, technical developments on the Site. The changes are posted on the Site, and it is then up to the User to review them, which the User expressly accepts.

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

ARTICLE 19. GOVERNING LAW – DISPUTE RESOLUTION

The Contract 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 use the CNPMEDIATION CONSUMATION mediation service free of charge at 27 Avenue de la Libération, 42 400 Saint-Chamond, of which the Company is a member, The Ombudsman’s Service may be contacted for any consumer dispute that has not been resolved. The Customer may also contact the online dispute resolution platform established 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 to the courts with jurisdiction, unless the Parties reach an amicable agreement.