General Conditions of Sale and Use (TOS/TOU)
1: about us
The Company EMMANUEL REDON, SARL, with a capital of 100 000 euros, whose head office is in PARIS (75001) 1 rue du Pont, registered with the register of commerce and companies of PARIS under number 441 889 912 represented by Mr Emmanuel REDON (hereinafter the "Company”). The Company markets to its Customers via its Website, the following products : Silverware.
The Company invites Users to carefully read the present General Conditions of Sale and Use (hereinafter the "TOS/TOU"). The placing of an Order implies the acceptance of the GCS/GCU. The characteristics of the Products are indicated on the Website. It is up to the Customer to take into account prior to its purchase. The photographs or graphics presented on the Website are not contractual.
The Customer acknowledges having read and accepted them by ticking the box provided to do this before placing the Order online.
The GCS/GCU govern the conditions under which the Company sells its Products to its Professional Customers and Consumers via its Website.
They apply to all the sales concluded by the Company and are binding on any contradictory document, including the terms and conditions of purchase of the Client.
They are systematically communicated to the Client who made the request.
In the event of subsequent modification of the GCS/GCU, the Customer is subject to the version in force at its Command.
"Customer" means the Professional or the Consumer has placed an Order for a Product sold on the Website ;
"Order" means any order placed by the registered User on the Site ;
"General Conditions of Sale and Use" or "TOS/TOU" means these general conditions of use and sale online.
"Consumer" means the purchaser's physical person not acting for professional needs, and/or out of his / her professional activity ;
"Products" means the material things that are subject to appropriation and that are offered for sale on this Site ;
"Professional" refers to the buyer the person or entity that acts in the framework of his professional activity ;
"Site" means this Site, that is to say, www.emmanuelredon.com ;
"Company" means the Company Emmanuel Redon, more fully described in article I hereof ; and
"User" means any person who makes use of the Site.
The Site registration is open to all legal or natural persons major and enjoying their full personalities and legal capacities.
The use of the Website is subject to the registration of a User. The registration is free.
To complete the registration, the User must fill all the required fields ; otherwise the registration will not be completed.
The Users guarantee and declare on his honour that all the information provided on the Site, including upon registration are accurate and compliant. They undertake to update their personal information from the page dedicated to recent and is available in their account.
Any registered User has a user id and a password. These are strictly personal and confidential and must not in any case be the subject of a communication to third parties, under penalty of termination of the account of the User registered offender. Each registered User is personally responsible for maintaining the confidentiality of its username and password. The Company shall in no case be held responsible for the impersonation of a User. If a User suspects a fraud at any moment, he will contact the Company in the shortest possible time, so that the latter can take the necessary action and rectify the situation.
Each User, whether a legal or physical person, may not be the holder of an account on the Site.
In the case of non-compliance of the GCS/GCU, including the creation of multiple accounts for a single person, or the provision of false information, the Company reserves the right to make the temporary or permanent removal of all accounts created by the User in contravention of.
The deletion of the account will result in the permanent loss of all benefits and services acquired through the Site. However, any Command performed and billed by the Site prior to the account deletion will be executed in normal conditions.
In case of cancellation of account by the Company for failure to perform duties and obligations provided in the TOS/TOU, it is expressly forbidden the offender from re-registering on the Site directly, through another email address, or by a third person without the express permission of the Company.
Any Order can only be achieved when the User is registered on the Site. The User, when he logged onto his account, can add Products to their virtual shopping cart. It can then access the summary of his / her virtual shopping cart in order to confirm the Products they wish to order and place his Order by pressing the “Order”button.
He will have to give an address, a delivery method and a payment method valid in order to finalize the Order and to efficiently form the contract of sale between him and the Company. The finalization of the Order implies acceptance of the prices of the Products sold, as well as the terms and time of delivery indicated on the Site.
Once the Order is placed, the User will receive a confirmation by e-mail. This confirmation will the Order summary as well as pertinent information relating to the delivery. The placing of an Order constitutes conclusion of a contract of distance selling between the Company and the Customer.
6: Products and prices
The Products that are the subject of the GCS/GCU are those that appear on the Website and are sold and shipped directly by the Company.
The Products are described on the corresponding page within the Site, and mention is made of all their essential characteristics. The sale takes place within the limit of stocks available from the Company. The latter cannot be held responsible for shortages or the inability to sell a Product whose stock is non-existent.
When a registered User wishes to acquire a Product sold by the Company through the Site, the price shown on the Product page is the price in euros, all taxes included (TTC), excluding shipping charges and take into account discounts applicable and in force on the date of the Order. The price shown does not include delivery charges which will be detailed where appropriate in the summary before you place the Order. If the total cost of the Products is not calculable in advance, the Company will send the Customer a detailed quote outlining the formula for determining the price.
In any case a User may not require the application of reductions is no longer in force on the date of the Order
7: payment Terms
Unless otherwise specified, all sales are paid in cash at the time of placing the Order.
Depending on the nature or the amount of the Order, the Company remains free to require a deposit or the full payment of the price when placing the Order or upon receipt of the invoice.
The payment can be made by :
In the event of default of total or partial payment of the Products on the agreed date on the invoice, the Professional Client must pay the Company a penalty of delay of which the rate is equal to the rate applied by the European Central Bank for its refinancing operation plus 10 percentage points. The operation of funding restraint is the most recent to the date of the Order of Service.
In addition to the compensation for delay, any sum, including the deposit, is not paid at its due date by the Professional Client will automatically terminate the payment of a lump-sum indemnity of 40 euros due as collection costs.
In the event of default of total or partial payment of the Products on the agreed date on the invoice, the Client Consumer shall pay to the Company a late penalty the rate of which is equal to the legal interest rate.
No compensation will be made by the Customer between penalties for delay in the delivery of the ordered Products and of sums owed by the Customer to the Company in respect of the purchase of Products offered on the Site.
The penalty payable by the Customer, a Professional or a Consumer, shall be calculated on the amount including VAT of the sum remaining due, and shall run from the due date of the price without any prior notice being required.
The Products are delivered exclusively in the following geographical regions :
The Company is committed to provide all of the efforts, material and human resources to deliver the Products as soon as possible. These can vary in function of geographic zone of the Customer, the delivery mode chosen, or of the Product ordered.
In case of exceeding of the delivery deadline of 15 days, except in the case of force majeure, the Client may request termination of the contract by registered letter with request for acknowledgement of receipt, after having directed the Company, according to the same terms and conditions, to make the delivery within a reasonable additional period of time, and if the Corporation is not executed.
In this case, the Customer will be refunded within 30 days if a payment has already been made.
In the case where the delivery would be impossible, due to an error on the address indicated by the Customer, the Company will contact the Customer as soon as possible in order to obtain a new address for delivery and any additional delivery costs will be charged to the Client.
In addition, the liability of the Company cannot be held liable for reasons related to the exceeding of the delivery times :
in periods of high demand, such as holidays, end-of-year, for delays caused by reasons of force majeure, i.e. due to the occurrence of an event, unforeseeable, irresistible and beyond his control, for acts attributable exclusively to the courier in charge of delivery.
The delivery is carried out, depending on the choice of the Customer and according to the prices listed on the Website :
to the address indicated by the Customer when Ordering by mail easy. by UPS according to their delivery time in force. by the company, DHL, according to its terms of delivery in force.
For all Orders and purchases made on this Site, the Customer has a right to claim 15 days of the delivery of the Product. It belongs to verify the apparent condition of Products upon delivery. In the absence of the reservations expressly issued upon the delivery, the Products are deemed to comply with the Order.
To exercise this right of complaint, the Customer must send to the Company, to the address firstname.lastname@example.org a statement in which it expressed its reservations and claims, along with the supporting documents (proof of delivery countersigned by the carrier, photographs...)
A claim that does not respect the conditions described above will not be accepted.
The Company will repair, replace or reimburse the Product or its components in the shortest time possible and at its expense, subject to the practical possibility of repair the Product or to its availability in stock.
10: Transfer of risk and property
The Company retains a right of property on Goods sold until full payment of the price by the Customer. It can therefore regain possession of the said Products in the event of non-payment. In this case, the instalments paid remain acquired to the Company in respect of compensation.
For business Customers, the risk is transferred to the Customer upon handover of the goods to the carrier by the Company. For Consumer Customers, the transfer of risk occurs upon delivery or at the time of removal of goods to the store when the Customer has chosen a delivery in the store.
11: legal Guarantees
The Products sold on the Site are guaranteed in accordance with the legal provisions of the French consumer Code and the civil Code, as reproduced below :
Article L. 217-4 of the consumer Code : “The seller shall deliver a good in conformity with the contract and answers defects of compliance existing during the issuance. He also answers defects of conformity resulting from the packaging, instructions for assembly or installation when it was put at its load by the contract or was realized under its responsibility. ”
Article L. 217-5 of the consumer Code : “The property is in conformity with the contract : 1° If it is specific to the usually awaited use of a similar good and, if applicable :
if it matches the description given by the seller and possess the qualities that the seller presented to the buyer as a sample or model ; whether it has the qualities that a purchaser can legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or on labelling ;
2° Or present the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the purchaser, brought to the knowledge of the seller and the latter agreed to”
Article 1641 of the civil Code : "The seller is obliged to guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it or would only have given a lesser price, had he known."
Any Product resold, altered, modified or transformed is not covered by the warranty.
It is limited to the replacement or refund of nonconforming Products or defective. It is excluded in case of misuse or abnormal use of the Product as well as in the case where the Product does not comply with the laws of the country in which it is delivered.
The Client shall inform the Company of the existence of defects within a period of two years. The Company will rectify any Products found to be defective, to the extent possible. If the liability of the Company is adopted, the warranty is limited to the tax amount paid by the Consumer for the supply of Products.
The replacement Product does not extend the duration of the warranty.
The Company reserves the right to modify the Site, the TOS/TOU as well as any delivery procedure or other element of the services performed by the Company through this Site.
When an Order is placed, the User is subject to the stipulations set forth by the TOS/TOU in force at the time of placing the Order.
13: Processing of personal data
Registration on the Site leads to the processing of personal data of the Customer. If the Customer refuses the processing of his data, he is asked to refrain from using the Site.
This treatment of personal data is done in compliance with the General Regulation on Data Protection 2016/679 of April 27, 2016.
Moreover, in accordance with the law Informatique et Libertés of 6 January 1978, the Customer has, at any time, a right of interrogation, access, rectification, modification and opposition to all of its personal data in writing, by mail and by proving his identity, to the following address : email@example.com.
These personal data are required to process the Order and to the establishment of its bills if applicable, as well as to the improvement of the features of the Site
14: Sharing of the collected data
The Site may use third-party companies to perform certain operations. By browsing on the Website, the Customer accepts that third parties may have access to its data to enable the proper functioning of the Site.
These third-party companies do not have access to the data collected in the framework of the realization of a specific task.
The Site remains responsible for the processing of these data.
In addition, the User may therefore be led to receive information or offers from the part of the Company or any of its partners.
The User may at any time object to the reception of these trade deals, by writing to the Company address indicated above, or by clicking on the link provided within the e-mails received.
In addition, Customer information may be transmitted to third parties without their express agreement in advance in order to achieve the following goals :
comply with the law to protect any person from serious injury or even death to combat fraud or violations of the Company or its users to protect the rights or property of the Company.
15: data Protection
The Company provides a level of security appropriate and proportional to the risks incurred and their probability, in accordance with the General Regulation on Data Protection 2016/679 of April 27, 2016.
However, these measures do not constitute a guarantee and do not commit the Company to an obligation of result regarding the security of the data
To allow its Users to enjoy an optimal navigation on the Site and a better functioning of the various interfaces and applications, the Company may place a cookie on the User's computer. This cookie is used to store information relating to navigation on the Site, as well as any data entered by the Users (including search, login, email, password).
The User expressly authorizes the Company to deposit on the hard disk of the user for a file known as a" cookie ".
The User has the possibility to block, modify the retention period, or delete this cookie via the browser interface. If disabling cookies systematically on the browser of the User prevents him from using certain services or features of the Site, this dysfunction shall not, in any circumstances, constitute damage for the member who may not claim any compensation from this fact.
The Company may in no case be held responsible for the unavailability, whether temporary or permanent of the Internet Site and of course that it implements all its means to ensure permanent service, may be discontinued at any time. In addition, the Company reserves the right, by a voluntary act, to make the Site unavailable in order to perform any update operation, improvement or maintenance.
As previously mentioned herein, the Company may in no case be held responsible for delays in delivery for reasons beyond its control, beyond its control, unforeseeable and irresistible, or whose guilt cannot be attributed
18: intellectual Property
The brand, the logo, and the graphic design of this Site are trademarks registered with the INPI and of the works of the mind protected under copyright law, the ownership of which belongs exclusively to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or in full, without the express authorization of the Company will expose the violator to civil and criminal prosecution.
19: attributive Clause of jurisdiction
The law governing the GCS/GCU is the French law. Any dispute which may arise between the Company and a User during the execution of these will be the subject of an attempt of amicable resolution. Failing that, disputes will be brought to the attention of the competent courts of common law.
20: Acceptance of terms and conditions/TOS
The Customer or User expressly agrees that the TOS/TOU. The Customer declares to be aware of, and waives any other document, notably its own general terms of purchase.
The Consumer acknowledges having knowledge of the information and information provided for in articles L. 111-1 to L. 111-7 of the consumer Code, and in particular :
the essential characteristics of the Product ; the Product price ; the date or period to which the Company undertakes to provide the Service ; information relating to the identity of the Company (postal address, telephone, electronic) ; information relating to legal and contractual guarantees and their modalities of implementation ; the possibility of resorting to mediation conventional in the event of a dispute ; information regarding the right of withdrawal (time limit, manner of exercise).
21: contact Details of the ombudsman
85 rue des Rosiers, Saint Ouen, 93400