Last update : 24/04/2018
The general terms of sales described below are designed to manage the sale concluded bewteen :
17, Chailas - 63650 La Monnerie Le Montel
Tel : +33 (0)4 73 51 44 86
Simplified joint-stock company with capital of 15245 € - R.C. Thiers: B 304 926 322
SIREN : 304 926 322 00013 – APE : 2571Z
Intra-Community identification number : FR 11 304 926 322
Hereinafter referred to as "GOYON-CHAZEAU SAS" from one hand;
and any user who wishes to make a purchase on the website visible at the following address: www.goyon-chazeau.fr, hereinafter referred to as "the buyer", on the other hand.
The general terms of sales described below are designed to manage the sale of cutlery items offered individually, in set or in box, by GOYON-CHAZEAU SAS.
GOYON-CHAZEAU SAS draws the attention of users to the fact that :
These general terms of sales are governed by French law. The application of the Vienna Convention on Contracts for the International Sale of Goods is expressly rejected.
These General terms of sale is executed both in French and English, with the same legal binding force. In the event of any discrepancy between the versions, the French version shall prevail.
Articles are offered for sale only to individuals, adults, non-traders.
Each order placed with GOYON-CHAZEAU SAS implies that the buyer unconditionally accepts these general terms of sales.
ARTICLE 1 : PRICE
Sold goods prices are denominated in euros (€) and calculated all taxes included (TTC), unless otherwise stated and excluding processing and shipping charges.
For orders to countries other than France, the buyer is the importer of the concerned products. Customs duties or other local taxes or import duties or state taxes may be payable.These duties and taxes are not the responsibility of GOYON-CHAZEAU SAS. They will be borne by the buyer and are under his full responsibility, both in terms of declarations and payments to the competent authorities and organization of his country.
GOYON-CHAZEAU SAS advises the buyer to inquire about these points with his local authorities.
All orders, whatever their origin, are payable in euros (€).
GOYON-CHAZEAU SAS keeps the right to modify its prices at any time and without notice. However, it engages itself to invoice the ordered goods at the price all taxes included in effect on the day of ordering, subject to availability.
Under the french, law, GOYON-CHAZEAU SAS keeps property of the sold goods until the total payment of their price, in principal and accessories. As such, if the buyer collapses or is placed under legal redress, GOYON-CHAZEAU SAS reserves itself the right to make elusive its sold but unpayed goods (French law 80.335 du 12 mai 1980).
Attention, as soon as the buyer takes physical possession of the ordered goods, the risks of loss or damage are transferred to him.
ARTICLE 2 : ORDERS MANAGEMENT
The buyer can place the order :
To place an order, the buyer must create an account (online space).
To do this, he must register by completing the form that will be proposed at the time of his order and undertakes to provide sincere and accurate information about his marital status and contact information, including his email address.
The buyer is responsible for updating the information provided. He is told that he can modify them by logging into his account. To access his personal space and order history, the buyer must identify himself using his username and password which will be communicated to him after his registration and which are strictly personal. As such, the buyer is prohibited from any disclosure. Otherwise, he will remain solely responsible for the use that will be made.
In case of non-compliance with these general terms of sales, GOYON-CHAZEAU SAS will have the possibility to suspend or close the buyer’s account after formal notice sent electronically and remained ineffective.Any account deletion, for any reason, will result in the outright deletion of any buyer’s personal information.
The contractual information is presented in French and English and will be confirmed at the time of validation of the order by the buyer, at the latest.
b) ORDER VALIDATION
GOYON-CHAZEAU SAS keeps the right to not register a payment and not confirm an order for any reason, and more particularly in case of supply problem, or difficulty concerning the received order.
Any order appearing on the website www.goyon-chazeau.com implies the full and complete adhesion with the present general terms of sale, without exception nor reserve.
All provided data and recorded information will be transaction proofs.
By checking the box relative to the validation of these general terms of sales, the buyer declares having perfect knowledge of them.
The order confirmation will be worth signing and acceptance of transaction.
ARTICLE 3 : PAYMENT
The order validation implies for the buyer the obligation to pay the indicated price.
The payment of purchases can be made by credit card, with 3D secure system in countries where it is available, Paypal or wire transfer.
The card debit is made in the hours following the order placement, when it is validated by GOYON-CHAZEAU SAS.
If the delivery is not possible, GOYON-CHAZEAU SAS will inform the buyer and proceed to a refund according to the terms defined with the buyer.
ARTICLE 4 - WITHDRAWAL
In accordance with article L.121-21 of the French Consumer Code, the buyer has a withdrawal period of 14 days from receipt of the product to apply his right of withdrawal, without having to justify reasons nor to pay a penalty.
If the buyer wishes to exercise this right, he must, before the expiry of the withdrawal period, send a writing expressing his wish to retract to GOYON-CHAZEAU SAS.
The simple return of the good without declaration, or the refusal to take delivery, is not enough to express a will to retract.
Returns have to be made with all elements and in their original condition (packaging, accessories, instructions). In this context, the buyer’s responsibility is engaged. Any damage to the product during its return may be such as to defeat the right of withdrawal.
The return costs are the responsibility of the buyer.
If the right of withdrawal is carried out, GOYON-CHAZEAU SAS will refund the sums paid, within 14 days following the buyer’s reguest notification, with the same payment method used when ordering, and after having received the returned product(s).
b) EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with article L.121-21-8 of the French Consumer Code, the right of withdrawal does not apply in particular to :
ARTICLE 5- AVAILABILITY
Products are proposed as long as they are visible on www.goyon-chazeau.com website and in the limit of the available stock.
For non-stocked products, offers are subject to material and pieces availability.
In case of total unavailability of material or pieces after placing an order, GOYON-CHAZEAU SAS will inform the buyer by e-mail. The order may be canceled at the buyer’s request.
If the payment has not already been cashed, no bank debit will be made. Otherwise, GOYON-CHAZEAU SAS will proceed to a refund.
ARTICLE 6 : INTELLECTUAL PROPERTY, COPYRIGHT
Sold articles remain full property of GOYON-CHAZEAU SAS as author and owner of the intellectual property rights, according to the French intellectual property code.
GOYON-CHAZEAU SAS gives itself the right to enforce its copyright and full ownership on the products it markets.
No one is authorized to reproduce, exploit, rebroadcast, or use for any reason whatsoever, even partially, elements of the site wether software, visual or sound.
Any simple or hypertext link is strickly forbidden without the express written agreement of GOYON-CHAZEAU SAS.
GOYON-CHAZEAU SAS keeps the right to exercise all the actions for enforcing its copyright and full ownership of the items it sells.
This ownership clause shall in no way affect or modify the copyrights of GOYON-CHAZEAU SAS.
ARTICLE 7 : DELIVERY
Delivery times are indicative.
The products are delivered to the delivery address indicated during the order process.
In case of shipment delay, an email will be sent to the buyer to inform him of a possible consequence on the delivery time that has been indicated.
As required by law, the buyer has the possibility to cancel the order in case of late delivery,. For this the buyer must send a registered letter with aknowledgement of receipt, or a writing on another durable medium, asking GOYON-CHAZEAU SAS to deliver the goods or service in a reasonable additional time. If the delivery is still not done within this additional time, the buyer can cancel the order by sending his request on a registered letter with aknowledgement of receipt, or a writing on another durable medium (article L 138-2 of the Consummer Code).
If, in the meantime, the buyer receives delivery of the goods ordered, he must have to send them back to GOYON-CHAZEAU SAS which will proceed to a refund and will cover the shipping costs under the conditions of Article L 138-3 of the French Consumer Code.
Once the product is sent, GOYON-CHAZEAU SAS can not be held responsible for late delivery.
In case of lost or damaged products during transport, the buyer will have to make all the necessary reservations on the delivery note, upon receipt of said goods. These reservations must also be confirmed in writing within five days following the delivery with a registered letter with aknowledgement of receipt.
ARTICLE 8 : CLAIMS
All claims must be noticed by registered letter with acknowledgment of receipt within 30 days after goods receipt. Passed this delay, the claim is considered null and void.
ARTICLE 9 - GUARANTEE
All products benefit from the legal guarantee of conformity and the guarantee of hidden defects. as required by articles 1641 and following of the French Civil code. In case of non-compliance of a sold product, it may be returned, exchanged or refunded.
All claims must be noticed by registered letter with acknowledgment of receipt within 30 days after goods receipt.
Return goods have to be sent with all elements and in their original condition (packaging, accessories, instructions…). The shipping costs will be refunded on the basis of the invoiced rate and the return costs will be refunded upon presentation of the receipt and within the limit of the delivery costs (weight / destination) practiced by www.goyon-chazeau.fr/delivery cost website..
The provisions of this article do not preclude the right of withdrawal explained in article 4.
ARTICLE 10 : LIMITATION OF LIABILITY
Articles sold on www.goyon-chazeau.com are handmade what makes each piece unique. For this reason photos are not contractual.
Products are sold in the state they are, as acknowledged and accepted by the buyer on the day of the receipt. The buyer must check with the local authorities the importing and using possibilities of the products he plans to order.
As a result, GOYON-CHAZEAU SAS can not be liable to pay any compensation in damages for direct or indirect damages resulting from the use of its products, for their lack of adaptation to the buyer’s needs, for a bad use of the products, or for a claim made by a third party against the buyer for which the buyer will have to contract the appropriate insurance himself.
GOYON-CHAZEAU SAS can no be held responsible for defects which will find their origin in the datas provided by the buyer, nor of the non-conformity of its products to rules and regulations applied at the point of delivery requested by the buyer.
Finally, GOYON-CHAZEAU SAS’ responsibility can not be engaged for all inconvenience or damage inherent to the use of the Internet, in particular a break of service, an external intrusion or the presence of computer viruses.
ARTICLE 11 – PERSONAL DATAS
GOYON-CHAZEAU SAS keeps the right to collect personal information and personal datas concerning the buyer. They are necessary to manage the order, and improve services and information that will be sent to the buyer.
They can also be sent to companies which contribute to these relations as the ones used for the delivery and payment.
These datas are also kept for security, in order to comply with legal and regulatory requirements.
This site is declared to the French National Commission Informatique et Libertés (CNIL) under the number 2172230 v 0 and respects the provisions of the French law 78-17 of January 6, 1978 relating to data, files and liberties.
Pursuant to French Law No. 78-17 of 6 January 1978 relating to data, files and liberties, you have the right to oppose (Article 26 of the Law), access (Articles 34 to 38 of the law) and rectify (article 36 of the law) your datas.
ARTICLE 12 - ARCHIVING
GOYON-CHAZEAU SAS will archive the purchase orders and the invoices on a reliable and durable support constituting a faithful copy, in accordance with article 1348 of the Franch Civil Code.
GOYON-CHAZEAU SAS’ computerized registers will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.
ARTICLE 13 : FORCE MAJEURE EVENT
The responsability of GOYON-CHAZEAU SAS may not be implemented if a non-performance on the obligations described in this general terms of sales or a delay is due to a force majeure case. As such, force majeure means any external event, unforseeable and irresistible within the meaning of French civil code, article 1218.
Any event due to a case of force majeure resulting in www.goyon-chazeau.com website or its server malfunction and subject to any interruption or modification, in the event of maintenance, does not engage the responsibility of the Seller.
ARTICLE 14 : MODIFICATION OF THIS GENERAL TERMS OF SALES
GOYON-CHAZEAU SAS keeps the right to modify and update these General terms of sales, at any time and without notice.
The user is therefore invited to consult them regularly.