Terms of sale

These General Conditions entered into force on June 1^th, 2021

ARTICLE 1. PREAMBLE

These General Conditions of Sale and Use (hereinafter the “General Conditions”) define the terms and conditions of use of the services offered on the site www.laquincaillerie.com (hereinafter: the “Site”), as well as the rights and obligations of the parties in this context.

The General Conditions are accessible at any time by a direct link at the bottom of the Site home page and govern the sale of Products on the Site. Consequently, each user must read it before using the Site or making any purchase on the Site. Use of the Site is subject to unreserved acceptance of the General Conditions in force. The General Conditions are expressly validated by any user or customer (hereinafter: the “User” or the “Customer”) before any validation of the Order.

ARTICLE 2. DEFINITIONS

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

Customer : refers to the customer who is a natural person, of full age and having the legal capacity to contract and who orders on the Site as a consumer.

Ordered : means the purchase of a Product made by the Customer on the Site and under the conditions provided for in the contract.

Personal data : designates any information relating to a User or the Customer or more generally an identified or identifiable natural person, it being specified that an identifiable natural person is deemed to be a natural person who can be identified, directly or indirectly, in particular by reference to a identifier, such as a name, an identification number, location data, an online identifier or one or more specific elements specific to his physical, physiological, genetic, psychological, economic, cultural or social identity.

Product sheet : means the information or information communicated by the Company relating to the Products sold on the Site.

Price : means the price of the Products which will be invoiced 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 natural person who consults, browses, takes note of the Products offered on the Site, whether or not he makes an Order. A User may or may not be a Client.

ARTICLE 3. ACCESSIBILITY

The Site is accessible, subject to the restrictions provided for on the Site, to any natural or legal person having full legal capacity to engage under these General Conditions. A natural person who does not have full legal capacity can access the Site and the services only with the consent of his legal representative.

Any order is expressly and imperatively conditioned on acceptance of these General Conditions. This acceptance is materialized by a checkbox before registration on the Site or placing the order. This acceptance can only be full and complete.

ARTICLE 4. ORDERED

Individuals:

Customers have the possibility of ordering remotely on the Company’s Site.

When ordering, the Customer undertakes to provide the following information:

Gender

Last name

First name

Date of Birth

E-mail address

Phone number

Address

To place the Order, the Customer must follow the online purchase process and click on “Order” to submit the Order.

By clicking on the “validate and pay” button during the ordering process and after having checked the contents of his order in the “basket” and, if necessary, having modified it, the Customer declares to accept fully and without reserve the entire General Conditions.

The Order will not be final until payment of the corresponding Price.

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

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

Professionals

Customers have the possibility of ordering remotely on the Company’s Site.

When ordering, the Customer undertakes to provide the following information:

Company name

Last name

First name

E-mail address

Phone number

Address

VAT number

Kbis extract

To place the Order, the Customer must follow the online purchase process and click on “Order” to submit the Order.

By clicking on the “validate and pay” button during the ordering process and after having checked the contents of his order in the “basket” and, if necessary, having modified it, the Customer declares to accept fully and without reserve the entire General Conditions.

The Order will not be final until payment of the corresponding Price.

The Customer will receive a confirmation of his order by email and will be able to access the General 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 only available on request.

The Customer must complete all of the mandatory information in order to receive the quote corresponding to the desired Product.

The Company’s teams will also be able to contact the Customer directly by telephone in order to finalize the quote.

The Customer will receive an estimate proposal by email. The latter will have 30 days from receipt of the quote to accept or reject it.

If the estimate is accepted, the Customer will have to pay for the estimate. The validation of the quote is only effective when the Customer makes the payment by secure electronic payment directly on the site or by transfer or check under the conditions indicated below. The payment of the price by the Customer constitutes agreement on the estimate. The latter acknowledges that his acceptance of the estimate is made in consideration of the description of the services appearing in the estimate.

ARTICLE 6. CREATION AND MANAGEMENT OF THE CUSTOMER ACCOUNT

Acceptance of these General Conditions automatically results in the opening of a personal account in the name of the Customer (hereinafter: the “Account”), which allows him to monitor his Order remotely. The Customer can access their Account at any time, via the Site, after identifying themselves using their connection identifier 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. He is also responsible for maintaining the confidentiality of his username and password. He must immediately contact the Company if he notices that his Account has been used without his knowledge. It recognizes 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 Conditions.

ARTICLE 7. PRICE

The Prices are indicated in euros and are expressed excluding VAT and including VAT, excluding delivery costs.

The delivery costs of the Customer’s Order will be indicated to him before the final validation thereof.

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 of the validation of the Order.

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 for any reason whatsoever.

ARTICLE 8. PAYMENT

Once the order has been validated, two situations can be distinguished:

• In case of payment by credit card : the final validation of the order will take place when the debit bank authorization has been given. A final confirmation will then be sent to the Customer including all the elements relating to the order.

• In case of payment by bank or postal check : a confirmation of the order will be sent to the Customer after the validation of his order. The final validation of the latter will however take place from the reception and verification of the payment. In the absence of receipt and validation of the payment 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 the costs that could be charged by the issuing body of the Customer or the bank during the payment by credit card of the Order.

The Customer agrees to receive an electronic invoice, which constitutes proof of purchase. It is therefore recommended that the Customer save and print the document for future reference.

ARTICLE 9. AVAILABILITY OF PRODUCTS

The Products are offered on the Site within the limits of available stocks. Thus, 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 (shipping costs included) within a maximum period of 30 days, or to a new order 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 the means implemented for the delivery of the Products ordered through the Site.

The specifics related to the different delivery methods are detailed below.

Deliveries can only be made in mainland France.

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

Time limit

Delivery will take place within the time limits indicated on the order confirmation.

Deliveries cannot be made on weekends and public holidays.

Delivery times run from the day after payment by credit card, subject to acceptance of the latter, or from receipt of the bank or postal check.

The Company undertakes to implement all the means necessary to respect the delivery dates indicated.

If the delivery time exceeds seven (7) days, the Customer has the option of canceling his order, by telephone or via our form.

The order will be reimbursed to the Customer within a maximum period of thirty (30) days following receipt of the request.

Delivery rates : You will find all the information on our delivery costs when ordering.

Transfer of ownership : The transfer of ownership occurs upon delivery of the Product.

Risk transfer : The Customer bears all risks of damage and / or loss of the Product upon dispatch of the order.

Anomaly : In the event of an apparent anomaly in the package (including damaged, open package, etc.), the Customer must not open the package and is invited to return it unopened within five working days to the post office and to establish a report.

ARTICLE 11. WITHDRAWAL OF PRODUCTS IN STORE

These Conditions govern the right to order products to be picked up in store online on the Site.

For ‘In-store pick-up ‘orders, no processing and shipping costs will be billed to the Customer.

To place an order, the Customer must select “In-store pick-up” when viewing the desired Products.

Once the order has been validated, the Customer will receive a confirmation message indicating a provisional date for making his order available in the store.

Availablity : The available quantities indicated during the order 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 it is impossible to supply the Product, the Company reserves the right to cancel the order.

Withdrawal : During the withdrawal, the order number as well as an identity document may be requested. The order will be kept for fifteen (15) days from its availability at the place of withdrawal. After this period, it will be canceled. In this case, the order will be fully refunded to the Customer with the exception of products made to order.

Payment : The Customer will pay for his order 100% online under the conditions mentioned in the Payment article.

Article 12. Right to retract

It is specified that the right of withdrawal provided for by the provisions of Article L.221-18 et seq. Of the Consumer Code does not apply to sales between professionals.

However, only Products purchased in store can be returned within 30 days of their date of purchase. In this case, the Company may issue the Customer with a credit note corresponding to the price of the Product, which will be valid for one year from its delivery to the Customer.

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

ARTICLE 13. WARRANTY

Individuals

Legal guarantee of conformity	Legal warranty against hidden defects
The Customer can act under the legal guarantee of conformity in accordance with the following provisions of the Consumer Code. Articles L.217-4 à L.217-14 of the consumer code : https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006069565/LEGISCTA000032221271/#LEGISCTA000032226943	The Customer can act under the legal guarantee against hidden defects in accordance with the following provisions of the Civil Code. Articles 1641 à 1649 du code civil : 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. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.	Article 1641 The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or has not acquired it. would have given a lower price, if he had known them.
Article L217-9 In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer’s choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the goods or the importance of the defect. He is then required 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 is not possible, the buyer can return the good and have the price returned or keep the good and have part of the price returned. The same option is open to him: 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 without major inconvenience for the latter taking into account the nature of the good and the use which it seeks. The resolution of the sale cannot however be pronounced if the lack of conformity is minor.	Article 1644 In the case of articles 1641 and 1643,the buyer has the choice to return the thing and have the price returned, or to keep the thing and have part of the price returned. Article 1645 If the seller was aware of the defects in the thing, he is liable, in addition to the restitution of the price he received, for all damages towards the buyer. Article 1646 If the seller was unaware of the defects of the thing, he will only be required to return the price, and to reimburse the purchaser for the costs incurred by the sale. Article 1647 If the item which had defects perished as a result of its poor quality, the loss is for the seller, who will be liable towards the buyer for the restitution of the price and the other compensation explained in the two preceding articles. But the loss occurring by fortuitous event will be for the account of the purchaser.
Article L217-12 The action resulting from the lack of conformity lapses two years after delivery of the goods.	Article 1648 The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

Professionals

Legal warranty against hidden defects

The Customer can act under the legal guarantee against hidden defects in accordance with the following provisions of the Civil Code. Articles 1641 à 1649 du code civil : https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006070721/LEGISCTA000006165624/#LEGISCTA000006165624

Article 1641 The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or has not acquired it. would have given a lower price, if he had known them.

Article 1644 In the case of articles 1641 and 1643,the buyer has the choice to return the thing and have the price returned, or to keep the thing and have part of the price returned. Article 1645 If the seller was aware of the defects in the thing, he is liable, in addition to the restitution of the price he received, for all damages towards the buyer. Article 1646 If the seller was unaware of the defects of the thing, he will only be required to return the price, and to reimburse the purchaser for the costs incurred by the sale. Article 1647 If the item which had defects perished as a result of its poor quality, the loss is for the seller, who will be liable towards the buyer for the restitution of the price and the other compensation explained in the two preceding articles. But the loss occurring by fortuitous event will be for the account of the purchaser.

Article 1648 The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

ARTICLE 14. INTELLECTUAL PROPERTY

The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc.) operated by the Company on the Site are protected by the rights of intellectual property in force. All disassembly, decompilation, decryption, extractions, reuse, copies 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 above provisions is likely to constitute an act of infringement likely to engage the civil and / or criminal liability of its author.

ARTICLE 15. PROTECTION OF PERSONAL DATA

The collection and processing of personal data carried out by the Company from the Site are subject to a personal data protection policy available on the home page of the Site.

ARTICLE 16. CUSTOMERS’ OPINION

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

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

ARTICLE 17. ACCESS TO THE SITE

The Site is in principle accessible 24 hours a day, 7 days a week. However, the Company declines all responsibility, without this list being exhaustive:

• In the event of interruption of the Site for technical maintenance operations or updating of published information;
• In the event of temporary impossibility of access to the Site due to technical problems, whatever the origin and provenance;
• In the event of unavailability or overload or any other cause preventing 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, of whatever 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 username and / or password or in the event of theft of his identity.

ARTICLE 18. UPDATES

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

If one or more stipulations of these General Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.

ARTICLE 19. APPLICABLE LAW – DISPUTE RESOLUTION

The Contract is subject to French law.

In the event of a complaint that is not resolved amicably between the Parties, and in accordance with article L612-1 of the Consumer Code, the Customer may use the mediation service CNPMEDIATION CONSUMATION free of charge at 27, avenue de la Liberation 42 400 SAINT CHAMOND, to which the Company is a member, The Ombudsman’s Service can be contacted for any consumer dispute that has not been resolved. The Customer can also contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/. In the absence of an amicable resolution, any dispute relating to the interpretation of the Contract and the execution of the Contract is submitted, in the absence of an amicable agreement, to the legally competent courts.