GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY
General Terms and Conditions of Sale:
The GRACE CERAMICS website (www.graceceramics.fr) is the property of Salomé FECHTER (hereinafter referred to as « THE SELLER ») as the director of GRACE CERAMICS in its entirety, along with all related rights. Any reproduction, in whole or in part, is subject to the authorization of its owner. However, hypertext links to the aforementioned sites are authorized without specific requests.
1. Acceptance of Conditions
The customer acknowledges having read, at the time of placing the order, the special conditions of sale stated on this page and expressly declares to accept them without reservation. These general terms and conditions of sale govern the contractual relations between the SELLER and its customer, both parties accepting them without reservation. These general terms and conditions of sale shall prevail over any other conditions appearing in any other document, unless there is a prior, express, and written derogation.
2. Products
The photographs and/or drawings illustrating the products (books or software) do not constitute part of the contractual field unless specifically mentioned on the product sheet. If errors have been introduced, in no case shall the responsibility of the SELLER be engaged. The customer agrees not to reproduce, copy, give, resell, or offer for commercial purposes the products purchased on this site. Any reproduction for commercial purposes shall constitute counterfeiting and shall be subject to legal action.
3. Order
The ordering system is done via the reservation form. A shopping cart with the customer’s information is sent to the SELLER. The SELLER confirms acceptance of the order to the customer at the email address provided by the customer. The sale will only be concluded upon receipt of payment (total order with shipping costs) and confirmation of the order by email. The SELLER reserves the right to cancel any order from a customer with whom there is a dispute regarding payment of a previous order. The information provided by the buyer when placing the order binds the buyer: in case of error in the recipient’s contact details, the seller shall not be liable for the impossibility to deliver the product.
4. Delivery
After order confirmation, the SELLER undertakes to manufacture and send the ordered items to the buyer within 6 to 8 business weeks, from the email confirming receipt of the order, excluding weekends and holidays.
For physical deliveries, the customer undertakes to pay all taxes due on the importation of products, customs duties, value-added tax, and any other taxes due under the laws of the country of receipt of the order. All orders placed with the SELLER are intended for the personal use of the customers. Customers or recipients of the products are prohibited from any partial or total resale of the products, as well as from selling copies. The SELLER is hereby released from any legal liability if the payment of taxes is not made by the customer. In case of physical delivery, any delays due to postal delays do not entitle the buyer to claim damages. The customer shall carefully read the instructions for use and precautions provided. In case of apparent defects, the buyer has the right of return under the conditions provided in this document. Events such as war, riot, fire, strikes, accidents, and impossibility of supply are considered force majeure events releasing the seller from its obligation to deliver. Goods always travel at the risk of the recipient. Always check your package upon arrival. You have 48 hours to make any claims to the carrier in case of missing or damaged items.
5. Right of Withdrawal
The customer has a period to form an opinion on the ordered product, after which they can request a refund by registered letter with acknowledgment of receipt (no refund requests by email will be processed) sent to the following address: Salomé FECHTER – GRACE CERAMICS – 9, rue de l’Altenberg – 67270 WILWISHEIM – France. This period is 7 clear days (from the date of receipt of the items), unless otherwise specified on the sales page (longer period, but never less than 7 days). In case of an exchange or refund of an order received by mail, the customer is required to return the new item(s) in its(their) original packaging, intact, along with all possible accessories, user manuals, and documentation (unless otherwise specified on the sales page) to the following address:
GRACE CERAMICS – Salomé FECHTER
9, rue de l’Altenberg
67270 Wilwisheim
France
In the case of a refund request for a product received via download, the customer must indicate in the withdrawal letter that they solemnly undertake to delete the product from their computer, as well as any other media on which they may have made backup copies (CD-ROM, floppy disk, USB key, external hard drive, online storage space), unless explicitly stated otherwise on the sales page.
In case of exercise of the right of withdrawal, THE SELLER is obliged to refund the amounts paid by the customer, without charge, except for delivery and return costs. The refund is due within a maximum period of 15 days.
6. Price
The price is expressed in euros. If there are additional shipping costs, they are indicated in the order confirmation email. The price indicated in the order confirmation is the final price, including all taxes and including VAT for France and countries of the European Economic Area. This price includes the price of the products, handling, packaging, and conservation costs, as well as transport and service costs.
7. Payment
The price involved to the customer is the price indicated on the order confirmation sent by THE SELLER. The price of the products is payable in full on the day of the effective order. Payment can be made as follows: suivante :
– By bank transfert
– Checks (for hand delivery only)
– Cash (for hand delivery only)
In case of non-receipt of payment via these different means of payment within 3 days following the order, the order will be automatically canceled and the customer notified by email.
Furthermore, regardless of the payment method, THE SELLER reserves the right to refuse any order from a customer with whom there is a dispute.
8. Disputes
This contract is subject to French law. THE SELLER cannot be held responsible for damages of any kind, whether material, immaterial, or bodily, resulting from a malfunction or improper use of the products sold. The same applies to any modifications to the products resulting from the manufacturers. The liability of THE SELLER will in any case be limited to the amount of the order and cannot be called into question for simple errors or omissions that may have remained despite all precautions taken in the presentation of the products. In case of difficulties in the application of this contract, the buyer has the possibility, before any legal action, to seek an amicable solution, in particular with the help of a professional association in the branch, a consumer association, or any other advisor of their choice. It is recalled that the search for an amicable solution does not interrupt the « short period » of the legal guarantee, nor the duration of the contractual guarantee. It is recalled that as a general rule and subject to the appreciation of the Courts, compliance with the provisions of this contract relating to the contractual guarantee presupposes that the buyer honors his financial commitments to the seller. Claims or disputes will always be received with attentive benevolence, good faith being presumed on the part of anyone who takes the trouble to explain their situation. In case of dispute, the customer will first contact the company to obtain an amicable solution.
9. Warranty
In any case, THE SELLER cannot be held responsible for compliance with the regulatory and legislative provisions in force in the country of receipt. THE SELLER’s liability is systematically limited to the value of the product concerned, at its date of sale and without any recourse against the brand or the company producing the product. In any case, the customer benefits from the legal guarantee of eviction and hidden defects (Articles 1625 and following of the Civil Code). Provided that the buyer provides proof of the hidden defect, the seller must legally repair all the consequences (Articles 1641 and following of the Civil Code); if the buyer goes to court, he must do so within a « short period » from the discovery of the hidden defect (Article 1648 of the Civil Code).
10. Legal Information
The provision of personal information collected for distance selling purposes is mandatory, as this information is essential for the processing and delivery of orders, the establishment of invoices, and warranty contracts. Failure to provide information will result in the non-validation of the order. In accordance with the « Data Protection Act », the processing of personal data relating to customers has been the subject of a declaration to the National Commission for Data Protection and Liberties (CNIL). The customer has (Article 34 of the law of January 6, 1978) a right of access, modification, rectification, and deletion of data concerning him, which he can exercise with THE SELLER. In addition, THE SELLER undertakes not to communicate, free of charge or against payment, the contact details of its customers to third parties.
♥