General Terms and Conditions of Sale
These General Terms and Conditions of Sale (hereinafter the "GTCS") are offered by Trésors d'Argan SARL, with a capital of €7500, a company registered with the RCS 453225435 of Saverne under the number 453225435, whose registered office is located at 4 rue Sainte-Odile, 67210 Obernai (hereinafter "Trésors d'Argan").
We will refer to this as :
- « Site » : the site https://www.deco-alsace-obernai.fr and all its pages.
- « Produits » ou « Services » : l'ensemble des produits (equipment) and services (services) that can be purchased or subscribed to on the Site.
- « Sales » : Trésors d'Argan, a legal or natural person offering its Products or Services on the Site.
- « Customer » : Internet users, whether private individuals or professionals, making a purchase of Product(s) or Service(s) on the Site.
- « Consumer », as defined in the preliminary article of the Consumer Code : « any natural person who is acting for purposes that are outside their trade, business, craft or profession ».
Internet users visiting the Site and interested in the Products and Services offered by the Vendor are invited to read these GTC carefully, print them out and/or save them on a durable medium, before placing an order on the Site.
The Customer acknowledges having read the GTC and accepts them in full and without reservation.
Article 1 - Application of the T&Cs and purpose of the Site
The Seller reserves the right to modify the GTC at any time by publishing a new version on the Website.. The General Terms and Conditions applicable to the Customer are those in force on the day the order is placed on the Site..
Legal information concerning the Site host and publisher, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notice and the data charter of this Site.
This Site offers the on-line sale of Gifts, Souvenirs, Cards, Illustrated Books, Pottery and Artisanal Pottery, Glassware, Food Products (Terrines, Honey, Jams, Biscuits), Alsace Wine, Liqueurs, Alsace Fabrics, Cosmetics, etc.
The Site is freely accessible to all Customers. The purchase of a Product or Service implies the Customer's acceptance of these GTS in their entirety, and the Customer hereby acknowledges that they are fully aware of them. This acceptance may consist, for example, of the Customer ticking the box corresponding to the sentence indicating acceptance of these GTS, which might read as follows « I acknowledge that I have read and accepted all the general terms and conditions of the Site ». Ticking this box will be deemed to have the same value as a handwritten signature by the Customer.
Acceptance of these GTC implies that Customers have the legal capacity to do so. If the Customer is a minor or does not have this legal capacity, they declare that they have the authorisation of a guardian, curator or their legal representative.
The Customer acknowledges the evidential value of the Vendor's automatic recording systems and, unless he/she can provide proof to the contrary, waives the right to contest them in the event of a dispute.
Article 2 - Creating a customer account
The creation of a "customer account" is an essential prerequisite to any order by the Customer on this Site. To this end, the Customer will be asked to provide a certain amount of personal information such as their first and last name, email address, postal address and telephone number, this list not being exhaustive. In this respect, the Customer undertakes to provide accurate information. The Customer is responsible for updating his/her data. They must therefore notify the Vendor immediately of any changes. The Customer is solely responsible for the truthfulness, accuracy and relevance of the data provided.
Customers registered on the Site can access it by logging in using their login details (e-mail address defined at the time of registration and password) or, where applicable, by using systems such as third-party social network login buttons. The Customer is entirely responsible for protecting the password they have chosen. They are encouraged to use complex passwords. If the Customer forgets their password, they can generate a new one. This password guarantees the confidentiality of the information contained in the "my account" section and the Customer therefore undertakes not to pass it on or communicate it to a third party. Failing this, the Vendor may not be held liable for unauthorised access to a Customer's account.
The customer account enables the Customer to consult all his orders made on the Site. If the data contained in the customer account section were to disappear as a result of a technical breakdown or a case of force majeure, the Vendor could not be held liable, as this information has no evidential value but is for information purposes only. The pages relating to the customer account may be freely printed by the Customer holding the account in question, but in no way constitute proof; they are for information purposes only and are intended to ensure efficient management of the Customer's orders or contributions.
Customers are free to close their account on the Site. To do so, they must send an e-mail to the Seller indicating that they wish to delete their account. The Vendor reserves the exclusive right to delete the account of any Customer who has contravened these GCS (in particular, and without this example being exhaustive, where the Customer has knowingly provided incorrect information when registering and creating their personal space) or any account that has been inactive for at least one year. Such deletion shall not constitute a loss for the Customer, who shall not be entitled to claim any compensation as a result. This exclusion is not exclusive of the Vendor's right to take legal action against the Customer, where justified by the facts.
Article 3 - How to place an order and description of the purchasing process
The Products and Services offered are those shown in the catalogue published on the Site. These Products and Services are offered while stocks last. Each Product is accompanied by a description drawn up by the Seller based on the descriptions provided by the supplier.
The photographs of the Products in the catalogue reflect a faithful image of the Products and Services offered but do not constitute a contractual commitment insofar as they cannot ensure perfect similarity with the physical Products.
The "Shopping Cart" is defined below as the immaterial object grouping together all the Products or Services selected by the Site's Customer with a view to a purchase by having clicked on these elements. In order to place their order, Customers choose the Product(s) they wish to order by adding them to their "Basket", the contents of which may be modified at any time.
Once the Customer considers that he has selected and added to his basket all the Products he wishes to purchase, he will have the option, in order to validate his order, of accessing his basket by clicking on the button provided for this purpose. They will then be redirected to a summary page on which they will be informed of the number and characteristics of the Products ordered, as well as their unit price.
If they wish to validate their order, Customers must tick the box relating to the ratification of these GTCS and click on the validation button. The Customer will then be redirected to a page where they must fill in the order form fields. The Customer will then be redirected to a page where he/she will be asked to fill in the order form fields, in which case he/she will be asked to provide a certain amount of personal data, which is necessary for the order to be processed correctly.
All orders placed on the Site must be duly completed and must specify this necessary information. The Customer may make changes, corrections, additions or cancel the order until it has been validated.
Once the Customer has completed the form, they will then be invited to make their payment using the payment methods listed in the section of these GTC relating to payments. After a few moments, the Customer will receive an e-mail confirming the order, reminding them of the contents of the order and its price.
The Products sold remain the property of the Seller until full payment of the price, in accordance with this retention of title clause.
Article 4 - Prices and payment terms
Unless otherwise stated, the prices appearing in the catalogue are prices understood in Euros all taxes included (VAT included), taking into account the VAT applicable on the day of the order and excluding any possible contribution to processing and shipping costs.
Trésors d'Argan reserves the right at any time to modify its prices and to pass on, if applicable, any change in the VAT rate in force to the price of the Products or Services offered on the Site. Nevertheless, the price appearing in the catalogue on the day of the order will be the only price applicable to the Customer.
The Customer may place an order on this Site and may pay by credit card, paypal, bank transfer.Payments by credit card are made by means of secure transactions provided by an online payment platform provider.
This Site does not have access to any data relating to the Customer's means of payment. Payment is made directly to the bank or payment service provider receiving the Customer's payment. In the event of payment by cheque or bank transfer, the delivery times defined in the "Deliveries" article of these GTC shall only begin to run from the date of actual receipt of payment by the Vendor, the latter being able to provide proof thereof by any means. The availability of Products is indicated on the Site, in the description sheet for each Product.
Trésors d'Argan will archive order forms and invoices on a reliable and durable medium constituting a faithful copy. The computerised registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 5 - Deliveries
Delivery costs will be indicated to the Customer prior to payment. The Site has no geographical delivery restrictions, and orders can be dispatched anywhere in the world.
In the event of delivery of a Product outside the territory of the European Union and in the French Overseas Departments and Territories, the Customer declares himself to be the importer of the Product and accepts that in such cases it may be materially impossible for the Seller to provide him with accurate information on the total amount of charges relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.
Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum of thirty (30) days after the conclusion of the contract with a Consumer Customer.
The Customer may refuse a parcel at the time of delivery if he/she notices any anomaly concerning the delivery (damage, Product missing in relation to the delivery slip, damaged parcel, broken Products, etc.); any anomaly must then be indicated by the Customer on the delivery slip, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise his/her right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have the carrier take back the damaged goods. If the Customer fails to comply with these instructions, he will not be able to exercise his right of refusal, and the Seller will not be obliged to comply with the Customer's request to exercise his right of refusal.
If the Customer's parcel is returned to the Vendor by the Post Office or by other postal service providers, the Vendor will contact the Customer on receipt of the returned parcel to ask him/her what action to take on his/her order. If the Customer has mistakenly refused the parcel, he/she may request that it be returned by first paying the postal charges for the new shipment. Postal charges will have to be paid even for orders where postage was free when the order was placed.
In the event of a delivery error or exchange (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract entered into to acquire the Product or Service allows withdrawal, in accordance with article L.221-18 et seq. of the French Consumer Code), any product to be exchanged or refunded must be returned to the Vendor in its entirety and in perfect condition. The Vendor shall not be held responsible for any defect resulting from the Customer's clumsiness or faulty handling.
Any delay in delivery in relation to the date or deadline indicated to the Consumer Customer at the time of ordering or, in the absence of an indication of date or deadline at the time of ordering, in excess of thirty (30) days from the conclusion of the contract may result in the cancellation of the sale at the initiative of the Consumer Customer, at the Consumer's written request by registered letter with acknowledgement of receipt, if after having requested the Seller to make the delivery the Consumer Customer has not complied. The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days of the date on which the contract was terminated, for all sums paid. This clause is not intended to apply if the delay in delivery is due to force majeure.)
Article 6 - Right of withdrawal and withdrawal form
In accordance with article L.221-18 of the French Consumer Code, and if the right of withdrawal is applicable, the Consumer Customer has a period of fourteen (14) working days from the date of receipt of the Product of his/her order or from the conclusion of the contract for the provision of services, to withdraw. He/she must return any Product that does not suit him/her and request an exchange or reimbursement without penalty, with the exception of return costs, within fourteen days of receipt by Trésors d'Argan of the request for reimbursement.
The Product must be returned in perfect condition. If applicable, it must be accompanied by all its accessories. The Consumer Customer can find below a standard retraction form for an order placed on the Site, to be sent to Trésors d'Argan. It is understood that the Customer will bear the cost of returning the Product in the event of retraction, as well as the cost of returning the Product if this, due to its nature, cannot normally be returned by post.
If the above obligations are not carried out, the Customer will lose their right of retraction and the Product will be returned to them at their expense.
It is recommended that the Customer return the parcel using a solution that allows the parcel to be tracked. Otherwise, if the returned parcel does not reach the Seller, it will not be possible to launch an enquiry with the postal services in order to ask them to locate it.
The refund will be made using the same means of payment as that chosen by the Customer for the initial transaction, unless the Customer expressly agrees that the Seller may use another means of payment, and insofar as the refund does not incur any costs for the Customer.
The Seller also reserves the right to defer the refund until receipt of the Product or for as long as the Customer has not demonstrated that it has dispatched the Product, if such demonstration has not previously taken place.
In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable.
In accordance with Article L221-5 of the Consumer Code, ("Hamon Law") of June 2014, the Consumer Customer may find below a standard withdrawal form for an order placed on the site :
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of Trésors d'Argan SARL, 4 rue Sainte-Odile, 67210, Obernai
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/provision of services (*) :
Ordered on (*)/received on (*) :
Name of Customer(s) :
Customer(s) address :
Signature of Customer(s) (only in the case of notification of this form on paper) :
(*) Delete as appropriate.
Article 7 - Exceptions to the right of withdrawal
The Site offers the sale of the following Products, for which the right of withdrawal for Consumer Customers cannot be applied, pursuant to Article L.221-28 of the Consumer Code: Personalisation of engraved products.
The Customer acknowledges having read this list, notified prior to the sale in these GTC.
Services starting immediately after the purchase and fully executed before the end of the withdrawal period do not allow the Customer to benefit from his right of withdrawal if he has given notice of an express waiver of his right of withdrawal. The right of withdrawal may not be exercised in the case of the supply of digital content not supplied on a physical medium, where performance has begun before the end of the withdrawal period with the Customer's express waiver of his right of withdrawal.
Article 8 - Product warranty
Legal provisions to be reproduced
Consumers may choose between repairing or replacing the goods, subject to the cost conditions set out in article L.217-9 of the French Consumer Code. Except in the case of second-hand goods, they are exempt from proving the existence of a lack of conformity in the goods for six months following delivery of the goods, a period that has been extended to 24 months since 18 March 2016.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The consumer may decide to invoke the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code, unless the seller has stipulated that it will not be obliged to provide any guarantee; in the event that this guarantee is invoked, the buyer has the choice between rescinding the sale or reducing the sale price in accordance with article 1644 of the Civil Code. He has a period of two years from the discovery of the defect.
The postponement, suspension or interruption of the statute of limitations may not have the effect of extending the extinctive statute of limitations beyond twenty years from the day on which the right arose in accordance with Article 2232 of the Civil Code.
All items purchased on this site benefit from the following legal guarantees, as provided for by the Civil Code;
Legal guarantee of conformity.
In accordance with Articles L.217-4 et seq. of the French Consumer Code, the Seller is obliged to deliver goods that comply with the contract entered into with the Consumer Customer and to respond to any defects in conformity that exist when the Product is delivered. The guarantee of conformity may be exercised if a defect existed on the day on which the Customer took possession of the Product. However, if the defect appeared within 24 months of this date (or within 6 months if the order was placed before 18 March 2016 or if the Product is sold second-hand), it is presumed to meet this condition. However, in accordance with article L.217-7 of the French Consumer Code, « the Seller may rebut this presumption if it is not compatible with the nature of the [Product] or the alleged lack of conformity ».
However, after this period of 24 months (or 6 months if the order was placed before 18 March 2016 or if the Product is sold second-hand), it will be up to the Customer to prove that the defect existed when the Customer took possession of the Product.
In accordance with article L.217-9 of the French Consumer Code : « in the event of a lack of conformity, the buyer chooses between repair and replacement. However, the seller may not proceed according to the buyer's choice if this choice would result in a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. In this case, the seller is obliged to proceed according to the method not chosen by the buyer, unless this is impossible. ».
Legal guarantee against hidden defects
In accordance with articles 1641 to 1649 of the French Civil Code, the Customer may request the exercise of the hidden defects guarantee if the defects presented did not appear at the time of purchase, predate the purchase (and therefore do not result from normal wear and tear of the Product, for example), and are sufficiently serious (the defect must either render the Product unfit for its intended use, or diminish that use to such an extent that the buyer would not have purchased the Product or would not have purchased it at such a price had he known of the defect).
Claims, requests for exchange or reimbursement for a non-compliant Product must be made by post or by e-mail to the addresses indicated in the site's legal notices.
In the event of non-conformity of a delivered Product, it may be returned to the Vendor who will exchange it. If the Product cannot be exchanged (obsolete Product, out of stock, etc.), the Customer will be reimbursed by cheque or bank transfer for the amount of the order. The costs of the exchange or refund procedure (in particular the cost of returning the Product) shall then be borne by the Vendor.
Article 9 - Customer Service
Customer service for this Site can be reached by e-mail at the following address: firstname.lastname@example.org or by post at the address indicated in the legal notice.
Trésors d'Argan also provides its Customers with a hotline, or telephone assistance, to answer their questions. The hotline can be contacted by telephone at 0950123024 (non-surcharged number).
Article 10 - Responsibility
The Seller Trésors d'Argan shall not be held responsible for the non-execution of the contract concluded due to the occurrence of an event of force majeure. With regard to the Products purchased, the Seller shall not be held liable for any indirect damage, operating loss, loss of profit, damage or expenses which may arise as a result of the present contract.
The choice and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial impossibility of using the Products, in particular due to equipment incompatibility, may not give rise to any compensation, reimbursement or questioning of the Vendor's liability, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal if applicable, i.e. if the Customer is not a Consumer Customer and the contract entered into to acquire the Product or Service allows withdrawal, in accordance with article L 221-18 et seq. of the French Consumer Code.
The Customer expressly agrees to use the Site at his or her own risk and under his or her sole responsibility. The Site provides the Customer with information on an indicative basis, with imperfections, errors, omissions, inaccuracies and other ambivalences likely to exist. In any event, Trésors d'Argan shall not be held responsible for :
- any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, loss of data, etc., which may result from the use of the Site or, on the contrary, from the impossibility of using it ;
- malfunction, unavailability of access, misuse or incorrect configuration of the Customer's computer, or the use of a browser not frequently used by the Customer ;
- the content of advertisements and other links or external sources accessible by Customers from the Site.
The photographs and visuals of the Products presented on the Site are not contractual and the Vendor cannot be held responsible if the characteristics of the Products differ from the visuals present on the Site or if the latter are erroneous or incomplete.
Article 11 - Intellectual property rights
All elements of this Site are the property of the Vendor or a third party authorized by the Vendor, or are used by the Vendor with the authorization of their owners..
Any reproduction, representation or adaptation of logos, textual, pictorial or video content, without this list being limitative, is strictly forbidden and is tantamount to counterfeiting..
Any Customer found guilty of counterfeiting may have his or her account deleted without notice or compensation and without such deletion constituting damages, without prejudice to any subsequent legal proceedings against him or her, at the initiative of the Vendor or his or her agent.
The trademarks and logos contained in the Site may be registered by Trésors d'Argan, or possibly by one of its partners. Any person proceeding to their representations, reproductions, imbrications, diffusions and reruns incurs the sanctions envisaged in articles L.713-2 and following of the Code of the intellectual property.
Article 12 - Independence of clauses
If any provision of the T&Cs is held to be illegal, void or for any other reason unenforceable, then such provision shall be deemed severable from the T&Cs and shall not affect the validity and enforceability of the remaining provisions.
These T&Cs supersede all prior or contemporaneous written or oral agreements. The GTC are not assignable, transferable or sublicensable by the Customer itself.
A printed version of the GTC and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to the GTC. The parties agree that all correspondence relating to these GTC shall be written in the French language.
Article 13 - Applicable law and mediation
These GTS are governed by and subject to French law.
Unless otherwise provided by public policy, any disputes that may arise in connection with the performance of these GTS may, prior to any legal action, be submitted to the Site Editor for amicable settlement.
It is expressly recalled that requests for amicable settlement do not suspend the time limits open for bringing legal action. Unless otherwise provided by public policy, any legal action relating to the performance of these GTS shall be subject to the jurisdiction of the courts of the defendant's place of residence.
According to article L.612-1 of the French Consumer Code, "every consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute between him or her and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system. ».
In this respect, Trésors d'Argan offers its consumer customers the possibility of mediation by a consumer mediator in the event of disputes that cannot be resolved amicably. :
- APPROVED CONSUMER MEDIATOR - DEVIGNY MEDIATION
Mediation is not compulsory, but is offered solely as a means of resolving disputes without resorting to legal action.
All rights reserved - December 3, 2023