GENERAL CONDITIONS OF SALE
Clause n°1 : Purpose
The general conditions of sale described hereafter detail the rights and obligations of the company Stéphane OLIVIER and its customer within the framework of the on-line sale of the goods in glass, wood, metal or ceramics created and realized by the company Stéphane OLIVIER. Any service provided by Stéphane OLIVIER implies the buyer's unconditional acceptance of the present terms and conditions of sale.
The placing of an order by a buyer implies his total acceptance of the general conditions of sale. The clauses appearing on the order of this buyer and contrary to our general conditions of sale cannot be opposed to us. If one of the clauses of the present general conditions of sale is null and void, the other clauses will not be cancelled. The fact that the company Stéphane OLIVIER does not apply at a given moment any clause of the present conditions, cannot be interpreted as a renunciation to prevail itself later of the said general conditions.
Clause n°2 : Order
Orders are placed through the online store stephaneolivier.eu
Any payment by the customer is worth firm and final order.
Clause n°3 : Confirmation of orders
Even in the absence of a written order from the buyer, the payment of a deposit and / or acceptance of the receipt of goods is worth confirmation of order and acceptance without reserve of these general conditions of sale by the buyer.
Clause n°4 : Shipping time
Shipping time is generally 2-3 business days after receipt of payment. This delay is for information only. A delay in shipment cannot be considered as a reason for cancellation of the order, nor can it give rise to payment of damages or penalties for delay.
The shipment is preferably made by "La Poste"
Clause n°5 : Delivery
The delivery is preferably made by mail (carrier "La Poste") with a tracking number. A link will be sent to you after shipment to track your package online. Shipping costs are specified before purchase.
Clause n°6 : Transportation
Each order is packed with the greatest care and perfectly protected. In case of loss or breakage by the carrier, Stéphane OLIVIER cannot be held responsible.
The transport risk is borne entirely by the buyer. The buyer must check the shipments upon arrival or upon delivery. In the event of missing or damaged goods during transport, the buyer must make all necessary reservations on the delivery note upon receipt of the said goods. These reservations must also be confirmed in writing within 3 days (not including holidays) following delivery, by registered mail (Article L133-3 of the Commercial Code).
If despite the care taken in packaging, the ordered parts arrive broken, thank you to contact me as soon as possible. If you notice that your package is damaged at the time of delivery, please take note of the procedure from the La Poste website:
You have two options:
- Refuse the package which will then be returned directly to the sender.
- Receive the package while reporting the deterioration of its packaging.
You can make an observation about the condition of the packaging to the deliveryman or the counterman. This observation can be reported on the scanner, if the deliverer is equipped with one, or by means of a paper form also available at the counter. The information is integrated into the tracking of the package.
If upon opening the package, you notice a damage, you can file a claim auprès du Service Clients. L’éventuelle observation que vous aurez formulée enrichira cette réclamation et alimentera en toute hypothèse les efforts que nous menons pour améliorer la qualité de notre service. »
Clause n°7 : Return or exchange of products
No return of products can take place without the prior written agreement of the company Stéphane OLIVIER and is only possible within 15 days following the date of the order. Shipping costs and risks of return are at the customer's charge. The refund of the product will be made after reception and verification that the product has not been used or damaged.
Clause n°8 : Price
Our prices are in euros, net of VAT (VAT not applicable, art 293B of the CGI). The prices of the goods sold are those in force on the day the order is taken. They are denominated in euros and calculated net of tax. Consequently, they will be increased by the VAT rate (if it applies) and by the packaging and transport costs applicable on the day of the order. The company Stéphane OLIVIER reserves the right to modify its prices at any time. However, it commits itself to invoice the ordered goods at the prices indicated at the time of the recording of the order. Our prices are likely to be modified without notice, according to the economic conditions (conditions of price revisions and calculation formula).
Clause n°9 : Discount
No discount will be granted in case of advance payment, nor in case of purchase of several pieces, except promotions indicated on the site.
Clause n°10 : Payment terms
The payment of the orders is carried out by transfer by bank card.
To validate the order, the buyer must pay the total amount of the order.
If you wish to pay by bank transfer I invite you to contact me by mail: bijoux@stephaneolivier.eu
Clause n°11 : Delayed payment
For any delay in payment occurring after the agreed deadline and the reference period, a late payment penalty equal to three times the legal interest rate will be applied. The legal interest rate is that in force on the day of delivery of the goods. This penalty is calculated on the amount of the outstanding amount, excluding taxes, and runs from the due date of the price without any prior notice of default being required. For any payment after the due date, a fixed indemnity of 40 € will be applied to cover the collection costs.
Clause n°12 : Resolutive clause
If in the fifteen days following the implementation of the clause "Late payment", the buyer has not paid the remaining sums due, the sale will be cancelled by right and may give right to the allocation of damages to the benefit of the company Stéphane OLIVIER. In case of non-payment, 48 hours after a formal notice remained unsuccessful, the sale will be automatically cancelled and may give right to the allocation of damages to the benefit of the company Stéphane OLIVIER. The resolution will not only affect the order in question, but also all previous unpaid orders, whether they have been delivered/completed or are in the process of being delivered/completed, and whether their payment is due or not. The sums that would be due for other deliveries, or for any other clause, will become immediately payable if the company Stéphane OLIVIER does not opt for the resolution of the corresponding orders. The customer will have to reimburse all the expenses caused by the contentious recovery of the sums due, including the fees of legal officers.
Clause n°13 : Property reserve
The company Stéphane OLIVIER keeps the property of the sold goods until the complete payment of the price, in principal and in accessories. In this respect, if the customer is subject to a receivership or a judicial liquidation, the company Stéphane OLIVIER reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid. The property of the delivered goods is reserved to us until the complete payment of the price and its accessories. By express agreement, the company Stéphane OLIVIER reserves the property of the goods until the last day of their perfect payment.
Clause n°14 : Intellectual property
The studies, estimates, plans and documents of any kind given or sent by the company Stéphane OLIVIER always remain its entire property. They must be returned on request. They cannot be communicated, nor reproduced, nor executed by a third party, without authorization. The customer commits himself to keep confidential and not to reveal in all or in part, to any third party, the estimates, proposals, documents and/or information that the company Stéphane OLIVIER would have communicated to him and of which he would have had knowledge, before, concomitantly or after the execution of the contract. The realization remains the intellectual property of Stéphane OLIVIER and cannot be reproduced by the customer or by a third party. The customer authorizes the company Stéphane OLIVIER to quote his name as a reference.
Clause n°15 : Force Majeure
The responsibility of the company Stéphane OLIVIER cannot be implemented if the non-execution or the delay in the execution of one of the obligations written in the present general conditions of sale results from a case of force majeure. For this reason, the force majeure means any external, unforeseeable and irresistible event in the sense of the article 1148 of the Civil code.
Clause n°16 : Competent court
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law. In the absence of amicable resolution, the dispute will be brought before the Commercial Court of Toulouse. In the event of a dispute, the Commercial Court of Toulouse will have sole jurisdiction to hear all disputes that may arise in connection with the conclusion or execution of the agreements concluded between us, even in the event of a warranty claim or multiple defendants. Any order implies acceptance of these agreements.
LEGAL NOTICES
Stéphane OLIVIER
N° Siret : 793 839 846 00037
Adresse : 18 rue Antoine Laporte – 31130 Balma – France
bijoux@stephaneolivier.eu
Phone : +33 7 65 21 98 92
©2022 by Stéphane OLIVIER
French