General Terms and Conditions of Sale

Article 1 - Content and scope

These General Terms and Conditions of Sale apply in its own rights to goods or services providers offered on https://pelotedepolaine.com. The sale is known to have been concluded on the date of acceptance of the order.
 
Any immediate order or purchase implies full compliance with these general terms and conditions, which prevail over all other conditions, except those which have been expressly accepted by Pelote de Porcelaine. The buyer declares that he has read these general terms and conditions of sale and has accepted them before his immediate purchase or the placing of his order.
 

Article 2 - Pre-contractual information

Before the immediate purchase or the placing of the order and the conclusion of the contract, these general terms and conditions of sale are communicated to the buyer, who acknowledges having received them.
 

Article 3 - Order

Any order received at Pelote de Porcelaine is considered firm and definitive. It implies full adherence and acceptance of these general terms and conditions of sale and payment obligations of the ordered products.
 
It is specified that any customized object will not be refunded or exchanged unless there is a noticeable manufacturing defect or a Pelote de Porcelaine error in the customization. In this case only, an email should be sent to contact@pelotedeporcelaine.com for the purpose of obtaining the exchange or refund of the product concerned.
 

Article 4 - Quote

For services giving rise to the establishment of an initial quote, the sale will be considered final only after a quotation has been drawn up by Pelote de Porcelaine and the confirmation of the order acceptance sent to the buyer. The quotes prepared by the service provider have a validity period of 45 days.
 

Article 5 - Performance of the service and termination of the contract

Except for specific conditions to sale, the performance of the service will be carried out within a period of 5 to 10 days from the receipt of an order in due form by Pelote de Porcelaine.
 
In the absence of an indication or agreement about the date of performance, Pelote de Porcelaine shall perform the service without undue delay and no later than 30 days after the conclusion of the contract.
 
If Pelote de Porcelaine fails to comply with its performance obligation on the date or at the end of the period estimated above, or, failing this, no later than 30 days after the conclusion of the contract, the buyer may terminate the contract, in accordance with the terms of articles L. 216-2, L. 216-3 and L. 216-4 of the Consumer Code, by registered letter with request for acknowledgement of receipt or by writing on another durable medium, if, after having directed, under the same terms of Pelote de Porcelaine to provide the service/good within a reasonable period of time, Pelote de Porcelaine did not perform within this period.
 
The contract is considered to be resolved upon receipt by Pelote de Porcelaine of the letter or of the written notice informing Pelote de Porcelaine of this resolution, unless Pelote de Porcelaine has in the meantime executed.
 
Fees and risks associated with this cancellation are the exclusive responsibility of Pelote de Porcelaine.
 

Article 6 - Cancellation of the order

In case of cancellation of the order by the buyer, after acceptance of Pelote de Porcelaine, for whatever reason except a case of force majeure, an amount corresponding to 30% of the amount of the order will be acquired to Pelote de Porcelaine, as compensation for the loss suffered.
 

Article 7 - Prices

Prices are firm and conclusive. Except for specific conditions to sale, prices of the services performed are those appearing in the price catalogue on the day of the order. They are expressed in legal currency and stipulated all taxes included.
 

Article 8 - Payment

The price charged to the Buyer is the price indicated at the time of its order confirmation.
 
This price is due in cash at the time of the order. No order can be taken into account without a full payment on this date.
 
Except for express specifications between the Buyer and Pelote de Porcelaine, the price is paid by credit card (secure payment, CB cards, Visa or Mastercard) or by PayPal.
 
In case of absence of payment, in particular because of the bank’s refusal to honor the transaction or because of an objection by the Buyer to the transaction, Pelote de Porcelaine may automatically terminate the sale, without notice or delay.
 

Article 9 - Delivery

Information provided during the order bind the Buyer. In case of incorrect information leading to the impossibility of delivering the order, Pelote de Porcelaine shall not be held liable. The automatic recording of the data entered by the Buyer is proof of the nature of the order, its date and its price.
 
The products available on the Pelote de Porcelaine website are delivered in France and the rest of the world without any additional delivery fees (see shipping policy).
 
The delivery time starts processing once the order is fully paid. This time will be specified on the Buyer’s order tracking page. Any defect or damage concerning the order (missing product, damaged product) must be indicated as soon as possible after delivery (3 days) to Pelote de Porcelaine as stipulated by the terms and conditions set out below.
 

Article 10 - Guarantees - General instructions

Pelote de Porcelaine is responsible of the services compliance with the contract, allowing the buyer to make a request under the legal guarantee of compliance stipulated in articles L. 217-8 and Seq of the Consumer Code or the guarantee of defects of the item sold according to Articles 1641 and Seq of the Civil Code.
 
This guarantee covers defects of compliance or hidden defects resulting from a defect in the design or performance of the services/goods ordered under the conditions and according to the modalities defined, attached to these general terms and conditions of sale.
 
The purchaser must inform the supplier of the defects and/or defects of conformity within a maximum of 14 days from the provision of the services/goods.
 
Defects and/or other faults found shall give rise to a refund within a maximum period of 30 days.
 
The guarantee of Pelote de Porcelaine is limited to the reimbursement of the services/goods actually paid by the buyer and Pelote de Porcelaine may not be considered as liable or defaulting for any delay or non-performance due to the occurrence of force majeure.
 

Article 11 – Right of withdrawal

The preparation of orders placed by the Purchaser is analyzed in a provision of goods made according to the Purchaser’s specifications and clearly personalized, which cannot be sent back. In accordance with the terms of Article L.121-20-2, 3° of the Consumer Code, these products do not give rise to a right of withdrawal.
 
Notwithstanding the preceding provisions, the Purchaser who has placed an order for non-customizable products has 14 days from the receipt of the order to exercise his right of withdrawal, according to the provisions of Article L221-18 of the Consumer Code.
 

Article 12 - Liability

The proposed products comply with the existing French legislation. The liability of Pelote de Porcelaine cannot be incurred in case of non-compliance with the legislation of the country where the product is delivered. It is up to you to check with the local authorities the possibilities of importing or using the products or services you intend to order.
 
Furthermore, Pelote de Porcelaine cannot be held responsible for damage resulting from the misuse of the purchased product.
 
Lastly, Pelote de Porcelaine cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a breach of service, an external intrusion or the presence of computer viruses.
 

Article 13 - Intellectual Property

All the features of the Pelote de Porcelaine site are and remain its intellectual and exclusive property. No one shall be permitted to reproduce, exploit, rebroadcast, or use, in any capacity whatsoever, even partially, any of the features of the site, whether software, visual or sound, without the written consent of Pelote de Porcelaine.
 

Article 14 - Personal data

All personal information communicated by the Purchaser to Pelote de Porcelaine via the site and that subsequently collected as part of the Services order shall be subject to the provisions set out in the heading “Privacy Policy” available on the Site.
 

Article 15 - Settlement of disputes

Courts shall have sole jurisdiction in the event of any dispute of any kind relating to the formation, performance or interpretation of any sales contract concluded between Pelote de Porcelaine and the Purchaser.