Original version in French : https://www.alojadaceramica.com/content/13-mentions-legales
Article 1. Application of Terms of Sales
These general conditions of sale or TOS apply, without restriction or reservation, to all sales of ceramic pieces (hereinafter "the Products") presented by CASA LUZA, a SARL company, whose registered office is located at 241 Corniche PDT JF Kennedy 13007 MARSEILLE, registered under siren number 905 240 008 (hereinafter "the Company") to the buyer, a legal and professional person (hereinafter "the Buyer") through the Catalog and on the website www.alojadaceramica.com accessible on the Internet.
The Company reserves the right to modify these general conditions of sale at any time. In this case, the applicable general conditions of sale will be those in force at the time of placing the order. The fact of placing an order implies the Buyer's full and unreserved acceptance of these general conditions of sale. Unless proven otherwise, the Purchase Order and the signed estimate constitute proof of all the Purchaser's transactions. The Buyer acknowledges having the legal capacity required to contract and acquire the Products offered in the Catalog.
Article 2. Product Features
The Buyer may, prior to any order, read the Catalog of the essential characteristics of the Product(s) he wishes to order. Product offerings are handmade ceramic pieces made to order only. The products are made according to the Buyer's specifications as specified when placing the order. As such, the products ordered cannot be canceled.
The Company strives to present and describe the Products in the most precise and accurate manner possible. However, the elements, such as in particular photographs, graphics or illustrations accompanying the Products are given for information only and are not contractual, and therefore cannot engage the responsibility of the Company.
The Company reserves the right to refuse any order from the Buyer for legitimate reasons and, more particularly, if the Product ordered is no longer available for sale or if the quantities of Products ordered are abnormal or even if the purchase of the products appear to be fraudulent. In this case, the Company will cancel the order without delay and refund the sums paid by the Buyer.
Article 3. Price
The price indicated for each of the Products is a price excluding tax valid for a minimum order of 500 euros. By providing his VAT number, the Buyer can be exempt from VAT. Flat-rate shipping costs are charged additionally.
Their amount varies according to the shipping method chosen. In accordance with the provisions of these TOS, payment of the price is made as follows: - payment of 50% of the price upon signature of the estimate; - payment of 50% corresponding to the balance at the end of production and before sending the products to the customer.
Article 4. Order
4.1. Selection of Products from Catalog
Each Product that the Buyer wishes to acquire must be added to the order form as an appendix to the Catalog. The duly completed and dated order form must be sent to the Company by email at the following address: elise@alojadaceramica.com
4.2. Establishment of the estimate
Upon receipt of the order form, the Company proceeds to establish the estimate and send it to the Buyer by email. The quote must include the date, the customer's signature and the words "good for agreement". A deposit of 50% of the price will be requested from the customer upon signature of the estimate for the validation of the order.
4.3. Reading and acceptance of TOS
From the moment the Buyer validates his order by sending the estimate duly dated and signed mentioning his good for agreement, he acknowledges having read and expressly accepted in their entirety all the provisions of these TOS.
4.4. Billing and delivery address
The Buyer must provide information on the order form and check on the estimate established the name of the Buyer, the billing and delivery address of the Order with accuracy.
The Buyer agrees to the veracity of the data transmitted.
4.5. Delivery method and payment method
The Buyer must also indicate on the order form, the delivery method chosen between: - the Company's delivery service; - another delivery service chosen by the Buyer. The delivery of the Products is the responsibility of the Buyer at the price indicated on the estimate established for the Buyer.
Article 5. Cancellation of the order
The Products offered by the Company are handmade ceramic pieces made to order only. The Products are made according to the specifications mentioned by the Buyer when placing the order. As such, and with regard to the specification of the Products, these may not be the subject of any cancellation by the Buyer, and this, from the validation of the order and the payment of the deposit. Any order validated and for which the deposit has been paid is due in full.
Article 6. Payment - confirmation of the Order - invoicing
To pay for the Order, the Buyer has the choice between two payment methods: - by bank transfer to the following coordinates: FR76 1130 6000 9348 1514 4527 996
Article 7. Production and Delivery Time
7.1. Production time
The production time is approximately six (6) to eight (8) weeks from receipt of the deposit. This time may vary depending on the quantities, the time of year and the weather (ceramic pieces must air dry before being baked and painted).
7.2. Shipping costs
Shipping costs are fixed and invoiced in addition to the price of the Products.
7.3. Delivery delay
The delivery time of the products is seven (7) to ten (10) days for any shipment in metropolitan France and to an EU country.
The delivery times for any shipment outside the EU will be specified when ordering. In any case, if the order confirmation indicates a particular delivery time, it is the latter that will bind the Company.
7.4. Late delivery
If the delivery time is exceeded by more than seven (7) days in relation to the time indicated in the Order Confirmation or if the maximum time limit of thirty (30) days indicated in these TOS is exceeded, and except in cases of force major, the Buyer enjoins the Company, by registered letter with acknowledgment of receipt, to proceed with the delivery as soon as possible. In the event of non-delivery following this injunction for any reason other than force majeure, the Buyer may request the resolution of the sale by registered letter with acknowledgment of receipt and will receive from the Company no later than fourteen (14) days for the return of his payment, to the exclusion of any other compensation. If the delivery takes place before the receipt of this letter by the Company, the sale will remain in force.
7.5. Unavailability of Products
In the event of the unavailability of a Product, noted after the Order Confirmation, the Company immediately informs the Buyer and proceeds to the reimbursement of the sums paid by the Buyer.
7.6 Transfer of risk
It is when the Product leaves the Company's workshops that any risk of loss or damage to the Products is transferred to the Buyer.
Article 8. Legal guarantees & return of non-compliant products
All Products benefit from the legal guarantee of conformity and the legal guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code. Under these guarantees, the Company undertakes, at the Buyer's option, to reimburse or exchange defective Products or Products that do not correspond to his order, at no cost to the Buyer.
If the Product(s) delivered does not comply with the Order, the Purchaser must send, within a reasonable time after receipt, a complaint to the Company with a view to obtain a refund or replacement of the Product(s). If the Purchaser proceeds to the return of the Products presenting a lack of conformity, the Purchaser must comply with the methods described in this article.
The Buyer is advised to send the Product(s) to be returned to the address which will be indicated to him by the Company in the acknowledgment of receipt of the complaint, in their original packaging in the state existing at the time of delivery of the said Products, unused and accompanied by all the accessories addressed at the time of the order.
Article 9. Responsibility
The Company is committed to the proper performance of the obligations incumbent upon it.
However, the Company cannot be held liable in the event of non-performance or poor performance of the sale either due to the fact of the Buyer, or to the insurmountable and unforeseeable fact of a third party to the contract, or to the force majeure.
Article 10. Intellectual property right
The presentation and content of the Catalog, including without limitation, the brands, names, images, logos, texts used to publish the Catalog (the “Elements”) constitute together or separately distinctive signs or works protected by the laws in force on intellectual property. The Company is the owner or benefits from the intellectual property rights necessary for their use.
Access to the Catalog does not confer on the Buyer any right to the intellectual property rights relating to the Elements. Any total or partial reproduction of the Elements is prohibited, as well as the representation, modification, transmission, publication, adaptation, on any medium whatsoever, by any means whatsoever, or the exploitation in any way whether of all or part of the Site without the prior written authorization of the Company. The use not previously authorized by the Company for any reason whatsoever, of all or part of the Catalog and the Products may be the subject of any appropriate action, in particular an action for infringement.
Article 11. Personal data collected
It is expressly specified to the Buyer that his personal data, namely surname(s), first name(s), e-mail address, postal address, telephone are collected and stored by the Company in the context of any order and in the purpose of the proper execution of Product orders by the Company as well as the management of requests for information from the Buyer and the sending of information e-mails on the Products to the Buyer.
The Company is therefore responsible for the processing of the Buyer's data which may be transmitted to the Company's subcontractors. The Buyer's data is kept for a period of three years from the date of his last order. This data is then archived for the period of legal limitation. In accordance with the Data Protection Act No. 78/17 of January 6, 1978, the Buyer may exercise his right of access to data concerning him and have them rectified by contacting the Company at the following email address: reclamation@alojadaceramica.com or at the following postal address CASA LUZA 241 Corniche PDT JF Kennedy 13007 MARSEILLE.
The Buyer may also, for legitimate reasons, oppose the processing of information concerning him.
Article 12. Applicable law - mediation - competent jurisdiction
These TOS and any contract entered into pursuant to them are subject to French law and are written in French. In the event of translation into other languages, only the French version shall prevail in the event of a dispute. The differences and disputes that may arise relating to the validity, interpretation, execution, non-execution, interruption or termination of these TOS will be subject to the settlement of mediation. The Company and the Buyer may have recourse to the Chamber of Industry and Commerce mediator or to another mediator designated by them in agreement between them. Any dispute not resolved amicably or through mediation will be submitted to the competent court of the place of the registered office of the Company.