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General terms of sale

 Preamble :


These general sales conditions have been concluded between :

 - On the one hand, the Cristallerie de St Paul, limited liability company with a capital of 170 000 Euros whose registered office is located in Condat sur Vienne 87 920 – Moulin de St Paul de Ribes, in France, registered with the Limoges Trade and Companies Register under the number 79 B 20  - Phone number 05.55.39 01 17

Hereafter named “the Cristallerie de St Paul”

 - On the other hand, any consumer in the sense given by the French Law and jurisprudence, acting exclusively for his/her own benefit who wants to purchase one or several products through the website EMAUX-SOYER .COM
Hereafter named “the Customer”
The Customer declares being a natural person of at least 18 and having the legal capacity, or if the Customer is a minor, he/she declares holding a parental consent allowing him/her to order on the website.
During the registration of the personal data in the rubric “my account”, the Customer must check the accuracy of his/her compulsory data. In case of a mistake in the wording of the address of the recipient, the Company CRISTALLERIE DE ST PAUL could not be held responsible for being unable to deliver the product. The Company CRISTALLERIE DE ST PAUL reserves the right to cancel any order when the Customer’s address is not in the same country as the invoicing and/or delivery address.

Article 1 : Object

These general sales conditions define all the contractual relations between the Company CRISTALLERIE DE ST PAUL and the Customer.
They define the conditions applicable to all the purchases made through the commercial site EMAUX-SOYER.COM
The parties agree that their relations will be exclusively governed by these general sales conditions, read and accepted unreservedly by the Customer.
Without formal and express acceptance in writing from the CRISTALLERIE DE ST PAUL, no particular condition can prevail against the general sales conditions.
Without formal and express acceptance in writing, any contrary condition stated by the Customer will then be unenforceable against the Company CRISTALLERIE DE ST PAUL, whenever it came to the Company’s knowledge.
The fact that the Company CRISTALLERIE DE ST PAUL does not take advantage, at a certain point, of any one of the measures of the general sales conditions cannot be interpreted as a renunciation to take advantage later of said measure.
The Customer can print the general sales conditions or consult them on the website.
The Company CRISTALLERIE DE ST PAUL reserves the right to adapt, modify or update, at any time, the general sales conditions. In case of any change or update, the general sales conditions in use at the time of order will apply to said order.

Article 2 : Order

Ordering on the website is subjected to the respect of the procedure established by the Company CRISTALLERIE DE ST PAUL confirmed by a succession of various steps the Customer must imperatively follow to validate his/her order:
- Fill in the identification form (by clicking on “create an account”) for any new Customer, on which he/she will indicate all the requested data or identify himself/herself if he/she is already a Customer.
- Browse the website EMAUX-SOYER.COM in order to select items. Click on the pictures to bring up the detail of each product.
- Add to his/her basket the selected items by clicking on “add to the basket”.
- Check the nature of the items added to the basket. To remove an item, the Customer must click on the icon "remove the item" and to change the number of items, the Customer must change the quantity and the basket will be updated.
- Choose the delivery address.
- Choose the means of delivery if there are different ones.
- Choose the method of payment.
- Validate the order.
- Make the payment according to the fixed conditions.
All the data given and the registered confirmation will be proof of the transaction. The confirmation will be equivalent to signature and acceptance of the transactions.
The Company CRISTALLERIE DE ST PAUL will confirm the acceptance of the order to the Customer by e-mail to the address given by the Customer.
The Company CRISTALLERIE DE ST PAUL reserves the right to cancel any order of a Customer with whom there is a dispute relative to the payment of a previous order or any Customer for whom there is a suspicion of incoherence with the given data.

Article 3 : Payment

The price is payable upon order.
The payments will be made:
For the orders to be delivered in France or some countries :

The cards accepted are: Debit card, Visa Card, MASTERCARD.

 Payment by debit card on the website

 By bank transfer on:
 SOCIETE GENERALE, account number will be sent by @mail.

 For Payment by bank transfer on :

  SOCIETE GENERALE, account number will be sent by @mail.

The Cristallerie de Saint Paul reserves the right to wait for the receipt or even the effective collection of the payment before sending the products.
Our website uses a secure system: the protocol "3D Secure" for the payments by card.
Since 1st October 2008, the French banks use the protocol "3D Secure" in order to guarantee a complete safety to the Customers ordering on the Internet when they make their payments.
The Company CRISTALLERIE DE ST PAUL acts against the fraud in collaboration with Banque Tarneaud Groupe Crédit du Nord in order to protect their Customers from any fraudulent use of their credit cards.
In practice, it means the Customer will have to give: his/her card number, expiry date and cryptogram of the card (the three last digits on the back of the card).
The Customer will then be redirected on his/her bank website and will be asked to enter a secure code in order to accept the transaction (authentication by SMS: the bank sends the code on the Customer’s mobile). So the card of our Customers can only be used on our website with his/her control.
The order validated by the Customer will only be effective when the bank payment centers concerned give their approval. In case of a rejection by said centers, the order will automatically be cancelled and the Customer will be informed by e-mail.
The Customer guarantees he/she is fully entitled to use the credit card entered for the payment of his/her order and that this card gives access to sufficient funds to cover the costs resulting from this order.
In any case, the payment of the order is equivalent to signature and express acceptance of the sale by the Customer, including its price.

Article 4 : Refusal / Cancellation of an order

Failure, by the Customer, to respect the obligations resulting from the general sales conditions and in particular any incident during the payment of the price of the order will lead to the suspension of the access to the sale service of the website or even the cancellation of his/her registration in the Customer database depending on the seriousness of the actions or breaches in question without prejudice for the Company CRISTALLERIE DE ST PAUL and its right to ask for damages.
Therefore, the Company CRISTALLERIE DE ST PAUL reserves the right to refuse any order from a Customer with whom there is a dispute.

Article 5 : Products – Description

The products are the ones on the website EMAUX-SOYER.COM while stocks last.
Each product comes with a description as true as possible provided by the CRISTALLERIE DE ST PAUL in order to satisfy at best the information requirement of the Customers.
The pictures illustrating the products are as true as possible but cannot guarantee a perfect similarity with the offered product, especially regarding the colours depending on the web browser and the screen used.
Moreover, non substantial mistakes can appear on the site, and the Customer acknowledges and accepts it.
In the case of enamels, an application test will be done within 7 days after the delivery in order to validate the colours. After this period, no claim will be taken into consideration.

 

Article 6 : Price

The prices indicated on the product cards are in euros, exclusive of tax (HT) and inclusive of tax (TTC). They do not take the travel costs into account and the VAT rate applicable is the one of the day of order.
Any rate change will affect the price of the products.
The Customer must pay, in addition to the price of the ordered products, a fixed contribution to the carriage and processing costs of the order, the amount of which he will be informed after the final validation of the order.
The Company CRISTALLERIE DE ST PAUL reserves the right to change the prices at any time, considering however that the price on the website at the time of the order will be the only one applicable to the buyer, subject to availability.

Article 7 : Delivery

The delivery is made at the address given by the Customer in the order form and this address can only be in the agreed geographic area.
It is expressly specified that the Customer may have to pay carriage costs  several times even for only one order on the website EMAUX-SOYER.COM supposing the ordered products are manufactured by different companies (for example the equipment).
In order to meet the deadlines, the Customer must make sure he/she has given accurate and complete information regarding the delivery address. The Company CRISTALLERIE DE ST PAUL could not be held responsible in case of a delivery delay and/or no delivery due to a false, erroneous or incomplete address given by the Customer or an address where the delivery is impossible.
The indicated deadlines are indicative and correspond to the average deadline for the processing and the delivery.

There is no delivery during the diverse vacation (in May, August and December), dates are indicated on the homepage of the web site.


If the deadlines exceed 30 (thirty) days as of the order, the sales contract can be cancelled and the buyer can be reimbursed. The Company CRISTALLERIE DE ST PAUL cannot be held responsible for the consequences due to a late delivery not attributable to the Company.
It is also specified that the sales contract cannot be cancelled and that the buyer cannot be reimbursed in case of the exceeding of said deadline of 30 (thirty) days if the Customer orders a special product requiring a production due to a lack of stock on this type of products.
In case of a damaged package (open package, missing product…), the recipient must express reservations on the delivery note of the carrier.
The buyer commits himself/herself to notifying the Company CRISTALLERIE DE ST PAUL by all possible means, of any reservation within 3 days after the receipt of the product.

 

 

Article 8 : Retraction – Non conformity

8.1: Retraction

According to the measures of the article L121-20 of the Consumer Code, the Customer can exercise his/her right of withdrawal and ask for the reimbursement of his/her order within 7 (seven) days as of the receipt of the order without having to justify of any reason and he/she will not have to pay any penalty.
To enforce the article L 121-20-2 of the Consumer Code, the Company CRISTALLERIE DE ST PAUL specifies that the retraction right stipulated in case of distance selling cannot be exercised for the special products requiring a production due to a lack of stock on this type of products.
The return in a case of retraction will be made according to the conditions described in the article 9 of these general sales conditions.
The reimbursement will be made according to the conditions described in the article 10 of these general sales conditions.

8.2 : Non conformity

The Customer must check that the content of the package is as per order.
If the item or the items are apparently defective or damaged, or if they are not as per order because of the Company CRISTALLERIE DE ST PAUL, the Customer will be able to ask for its reimbursement or exchange against the item or items corresponding to the initial order by return, according to the measures hereafter defined, within 7 (seven) days as of the receipt of the order.
The Customer will have to indicate on a sheet of plain paper the reason for the non conformity.
The return in case of a non conformity will be governed by the conditions described in the article 9 of these general sales conditions.
The reimbursement will be made according to the conditions described in the article 10 of these general sales conditions.

Article 9 :  Return – Terms and Costs

In case of retraction or non conformity, the return procedure hereafter defined is applicable:
- We suggest to the Customer to send an e-mail to info@emaux-soyer.com indicating the invoice number, the detail of the products he/she wants to return and the reason for the return (the reason is only required in case of a non conformity)
- The return must be made by colissimo with the invoice number to the following address:
CRISTALLERIE DE SAINT PAUL – EMAUX SOYER
MOULIN DE SAINT PAUL DE RIBES
87920 CONDAT SUR VIENNE  -  FRANCE
The items must be returned in their original package, unworn, unused, undamaged with all the potential accessories, directions for use and documentation.
The items not returned within 7 (seven) days stipulated in the articles 8.1 and 8.2 of these general sales conditions or in the conditions mentioned above cannot be returned or exchanged by the Company CRISTALLERIE DE ST PAUL.
The Customer will pay the return costs in case of a retraction or non conformity.
Upon receipt of the package, the Company CRISTALLERIE DE ST PAUL will judge the perfect condition of the returned product. If the return is rejected, the items are returned to the Customer at his/her own expense and the Customer will not be able to ask for any compensation or reimbursement, except the later exercise of his/her rights guaranteed on the sold products.
For any question, the Company CRISTALLERIE DE ST PAUL remains at the disposal of all the Customers either by e-mail info@emaux-soyer.com or by phone 05 55 39 01 17.

Article 10 : Reimbursement

The Company CRISTALLERIE DE ST PAUL commits itself to reimbursing to the Customer all the sums received within 30 (thirty) workdays as of the receipt of the returned products.

Article 11 : Guarantees

According to the regulations in force, the Company CRISTALLERIE DE ST PAUL commits itself to respecting its legal obligations concerning the guarantees linked to the items sold on the website and which appear in the articles L 211-4, L 211-5, L 211-12 and L 211-13 of the Consumer Code and in the 1641 and 1648 of the Civil Code.

Article 12 : Responsibility

The Company CRISTALLERIE DE ST PAUL cannot be held responsible for the damages, of any nature, intangible as well as tangible, caused by a fault or an inadequate use of the commercialized products. The same goes for the possible modifications of the products by the manufacturers. The responsibility of the Company CRISTALLERIE DE ST PAUL, in any case, will be limited to the amount of the order.

 


Article 13 : Intellectual property

The Company expressly reminds the Customers that the website above mentioned, as well as all the related rights, are the complete and exclusive property of the Company CRISTALLERIE DE ST PAUL.
Any complete or partial reproduction of the website or the related elements is subjected to the authorization of the Company CRISTALLERIE DE ST PAUL.
However, the Hypertext links to the website are authorized without prior request.
In any case, every link will be removed upon request of the Company CRISTALLERIE DE ST PAUL.

 Article 14 : Disputes

The general sales conditions are subjected to the French Law.
In case of a dispute, the parties commit themselves to searching for an amicable solution during a period of one month without involving a third party unless agreed between both parties.
Without mutual agreement, the dispute will be subjected to the competent French jurisdictions.

Article 15 : Data processing and Civil liberties law

The Customer guarantees the accuracy of the information given on his/her personal situation.
The Company CRISTALLERIE DE ST PAUL commits itself to processing and keeping all the personal information given by the Customer according to the law n° 78-10 dated 6 January 1978 “Data processing and Civil liberties law” modified in August 2004.
The information gathered by the Company CRISTALLERIE DE ST PAUL during the order is only gathered for the purpose of distance selling. This information is essential for the processing and the delivery of the orders as well as the invoicing. All or part of the information will be communicated to the providers of the Company CRISTALLERIE DE ST PAUL intervening in the preparation of the order (such as the carriers for example) and to the organizations in charge of the analysis of the orders and of the fight against the fraud with credit cards.
Any missing information will result in the non validation of the order.
The subscriber is informed that he/she has a right of access, correction and cancellation regarding this information according to the law n° 78-17 dated 6 January 1978 above mentioned. To exercise this right, he/she just needs to send a request by e-mail: info@emaux-soyer.com or by post to the following address:
CRISTALLERIE DE ST PAUL – EMAUX SOYER
MOULIN DE ST PAUL DE RIBES
87920 CONDAT SUR VIENNE - FRANCE