Terms and Conditions of Sale
General Terms and Conditions of Sale concluded by:
– the micro-enterprise La Tendresse Des Loups, with its registered office in Forcalquier, and registered under SIRET number: 878 642 370 00026, hereinafter referred to as "the seller",
– and any natural or legal person making a purchase on the micro-enterprise's website, hereinafter referred to as "the buyer".
It has been set forth and agreed as follows:
PREAMBLE
The company La Tendresse des Loups is a workshop manufacturing and selling handcrafted creations, mainly in silver or brass, for decorative and/or utilitarian purposes, marketed through its website and its appearances at fairs and markets. The list and description of the goods offered can be consulted on the aforementioned website.
Unless otherwise specified, the rights granted hereunder are granted solely to the natural person signing the order (or the person holding the email address provided).
For each order placed on its website, the buyer tacitly approves these general terms and conditions of sale, which are freely accessible on the seller's website.
General provisions
These General Terms and Conditions of Sale (GTC) apply to all sales of products made through the company's website, which are an integral part of the contract between the buyer and the seller. The Seller reserves the right to modify these at any time by publishing a new version on its website. The applicable GTC are those in force on the date of payment of the order.
The buyer declares having read all of these General Terms and Conditions of Sale, and where applicable, the Special Terms and Conditions of Sale related to a product or service, and accepts them without restriction or reservation. By acquiring an item on this site, the buyer therefore acknowledges that they have received the necessary advice and information to ensure the suitability of the offer to their needs. The buyer declares that they are legally capable of contracting under French law or of validly representing the natural or legal person for whom they are acting. Unless proven otherwise, the information recorded by the company constitutes proof of all transactions.
Article 1: Purpose of sale
These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of products offered by the seller.
The goods offered by the seller are handcrafted creations. They are made by hand over many hours of crafting and after much thought to achieve the desired result. They are therefore all unique.
The creations are not "perfect", which is precisely what makes them authentic and beautiful. They are handmade and unique objects that are far from an industrial rendering.
Care: The seller advises against contact with water; jewelry should therefore be removed before any swimming or showering/bathing. The seller also advises against sleeping with it. An item from the workshop should ideally be stored or displayed in a protected place.
The ordered product may differ slightly from the photo presented on the site, although La Tendresse Des Loups company makes every effort to ensure that they are as representative as possible, particularly in terms of size, colors, and finishes for custom-made items. The parties therefore agree that the illustrations or photos of the products offered for sale have no contractual value.
The essential characteristics of the goods and their prices are made available to the buyer on the Seller's website. By placing an order, the buyer certifies that they have received details of delivery costs, if any, as well as payment, delivery, and order execution methods before purchase.
Article 2: Returns, exchanges, cancellations, and refunds
Conditions for returns
The seller is open to working with the buyer to find a solution that best suits both parties.
Returns are accepted if you are not entirely satisfied with the item. The return conditions are as follows:
– Contact within 14 days after delivery
– Return of the item(s) within 21 days after delivery
Return shipping costs are the responsibility of the buyer. If the returned item is not in its original condition, any loss of value is the responsibility of the buyer. The seller undertakes, upon receipt of the item in good condition, to refund the buyer.
However, for a customized order made specifically for the buyer, this right of return does not apply due to the personal nature of the said order.
Exchanges under conditions
Exchanges are not automatically accepted given the unique and handmade nature of each creation. This request must be made by the buyer with justification, and the seller reserves the right to decide whether or not to validate the exchange or cancellation.
Repairs
Repairs, if feasible, are possible. They are subject to a fee depending on the type of repair to be carried out. The causes of the breakage must be explained to the seller.
Cancellation and refunds
Order cancellations are not accepted given the unique and handmade nature of each creation: when the order is paid for (partially as a deposit or in full), you are legally committed to continuing it (and completing payment in the case of installment payments). Indeed, the creator will have already spent several hours on your order: exchanges with you, research and ordering of raw materials, etc.
Deposits, in particular, are therefore not refundable.
In accordance with legal provisions regarding conformity and hidden defects, the seller refunds or exchanges products that are defective due to their fault or do not correspond at all to the order. A refund can be requested by contacting the company.
Article 3: Price
The prices of products sold through the website are indicated in Euros (€) inclusive of all taxes (TTC), precisely determined on the product description pages, and exclude specific shipping costs (i.e., outside metropolitan France).
The shipping costs for France amount to 8 euros for tracked delivery and parcel delivered against signature. The amount of international shipping costs is calculated on the basis of a fixed rate established by the Seller according to the cost of delivery and packaging.
For products shipped outside metropolitan France, customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the seller. They will be borne by the buyer and are their responsibility (declarations, payment to competent authorities, etc.). The seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities.
The company reserves the right to modify its prices at any time for the future.
Article 4: Online contract conclusion
The buyer must follow a series of steps specific to each product offered by the seller to place an order. However, the steps described below are systematic:
– Information on the essential characteristics of the product via the website
– Selection of the product and, if applicable, its options
– Redirection to payment for the product via the shopping cart
– Indication of essential customer delivery data: postal address, email address, and telephone number.
– Following payment instructions, and paying for products according to the payment type chosen by the buyer.
– Validation of the order by the seller
– Manufacturing, if applicable, then preparation and delivery of the products.
The buyer will then receive confirmation by email of the payment of the order (depending on mailboxes, this confirmation does not always arrive; you can then send an email to the seller to receive it directly). The manufacturing of the item, if it is custom-made, will then be started within the timeframe indicated by the Seller.
The seller reserves the right to refuse the order, for example, for any abnormal request, made in bad faith, or for any legitimate reason.
Article 5: Retention of title clause
The products remain the property of the company until full payment of the price.
Article 6: Delivery Terms
Products are delivered to the delivery address indicated when ordering and within the specified timeframe. When the buyer orders several products at the same time, these may have longer delivery times, which will be indicated by email to the address provided by the buyer. Order tracking is carried out via the La Poste website with the tracking number indicated in the shipping confirmation email. The seller is not responsible for tracking or loss of the package by La Poste.
The seller reminds that at the moment the buyer takes physical possession of the products, the risks of loss or damage to the products are transferred to them. It is the Customer's responsibility to notify the carrier of any reservations about the delivered product.
Shipping times
The order will be shipped between 2 and 4 days after receipt of payment for creations in stock that are for sale on the website.
For custom-made products, a longer manufacturing time will be necessary, varying according to the Seller's order book and the nature of the project (project design, acquisition of raw materials, manufacturing, etc.).
For large or special orders for which both parties have jointly established that they require many hours of work, additional manufacturing times may be necessary. The buyer will then be informed from their first exchanges with the seller.
Delivery details
All shipments are tracked via La Poste (French Post). For shipments to metropolitan France, a delivery time of 2 to 4 days should be expected from the shipping date. Once the package is with La Poste, the Seller cannot be held responsible for any additional delivery delays.
Article 7: Availability
In case of unavailability of an item, the buyer will be informed of the foreseeable delivery times and the order for this item may be cancelled and refunded upon simple request.
In case of a store malfunction where two orders are placed simultaneously before stock is updated, the customer who ordered the item first (based on the order date and time) will have their order validated. The second customer will be refunded or offered an equivalent product if available.
Article 8: Payment
Payment for the creation(s) and shipping costs, if requested (for international shipments), is due immediately upon order, including for pre-ordered products.
The buyer can make payment:
1/
- by bank transfer to the bank account of La Tendresse Des Loups company.
- by bank check sent by tracked letter to the Seller's address and made out to the Seller.
The buyer undertakes to send the check made out to the order indicated by the seller and the transfer according to the bank details indicated during payment, for the amount indicated in the product description including any additional shipping costs, and to the postal address provided. The buyer undertakes to send the check or make the transfer within three days from the date of order validation and to inform the seller of its dispatch. The seller undertakes not to put the product back on sale within one week from the date of confirmation of the check's dispatch by the buyer. If the check has not been received within this period, the seller will contact the buyer again and, based on discussions with them, will be the sole decision-maker as to whether or not to put the product back on sale. If the product is put back on sale and the check eventually arrives, the seller undertakes not to cash it and to destroy it.
For these two solutions, shipping will only be made once the money has been received in the bank account dedicated to La Tendresse Des Loups company. Additional waiting times should therefore be expected.
2/
- by payment card
- by transfer with Paypal.
For these last two solutions, the debit will be immediate.
These last two payment extensions manage the security of financial transactions as well as the information necessary for them. Once the payment is initiated by the buyer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating their banking information during the sale, the buyer authorizes Paypal to debit their card for the amount corresponding to the price indicated in favor of the seller. The buyer confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In the event of an error, or impossibility of debiting the card, the sale is immediately canceled by operation of law and the order canceled.
Installment payments:
The goods offered on this site can be paid in installments upon written request to the Seller, who reserves the right to accept or refuse this request. At that moment, a deposit is requested from the buyer to validate their order and reserve the item(s) they wish. Installment payments can be made by check, bank transfer, Paypal transfer, or credit card via the website.
The initial deposit legally commits the buyer to continue their order and payments until completion. In the case of payment by check, the Seller undertakes to cash one per month as agreed with the buyer, around the 25th.
Shipment of the item will occur after receipt of the final payment.
Article 9: Intellectual Property Rights
Trademarks, domain names, products, images, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification, or use of these assets for any reason whatsoever is strictly prohibited.
Article 10: Force majeure
The performance of the seller's obligations under these presents is suspended in the event of a fortuitous event or force majeure that prevents its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 11: Nullity and modification of the contract
Should any of the stipulations of this contract be cancelled, such cancellation shall not entail the cancellation of the other stipulations, which shall remain in force between the parties. Any contractual modification shall be valid only after a written agreement signed by the parties.
Article 12: Protection of personal data
In accordance with the Data Protection Act of January 6, 1978, the Buyer has the right to query, access, modify, object to, and rectify personal data concerning them. By adhering to these general terms and conditions of sale, the Buyer consents to the seller using the personal data they have provided for the management of their order and their customer account if they have chosen to create one.
Article 13: Applicable law
All clauses appearing in these general terms and conditions of sale, as well as all purchase and sale operations referred to therein, will be subject to French law.
Conclusion
By placing any order, the buyer tacitly declares having read all of these General Terms and Conditions of Sale, which are freely accessible on the website, and, where applicable, the Special Terms and Conditions of Sale related to a product or service, and accepts them without restriction or reservation. The buyer acknowledges that they have received the necessary advice and information to ensure the suitability of the offer to their needs. The buyer declares that they are legally capable of contracting under French law or of validly representing the natural or legal person for whom they are acting. Unless proven otherwise, the information recorded by the company constitutes proof of all transactions.