Terms and Conditions
GENERAL TERMS OF SALE,
DELIVERY AND PAYMENT
“LES ARTS DE LA TABLE ET DE LA MAISON - LA MAISON IVRE”
PLC with its head office at 38 rue Jacob - 75006 PARIS
Paris RTC n° : 383 215 340 RCS PARIS from 9 october 1991
Article 1 - Purpose and scope
1.1 - Any operation of any nature carried out by a web surfer, hereinafter the “Buyer”, on the Internet site of LA MAISON IVRE implies this person’s acceptance without reservation and full and entire agreement with the present general terms, which prevail over any other of the buyer’s documents, notably all general terms of purchase.
The present general terms of sale apply to all product sales by LA MAISON IVRE, hereinafter the “Seller”.
1.2 - Any condition imposed by the Buyer that does not comply with these present general terms is therefore rejected unless expressly agreed to in writing by the Seller, and exclusively limited to the transaction in question.
1.3 - Any document other than the present general terms of sale, whether a catalogue, prospectus, advertisement or leaflet, is only provided for information purposes, and is non-contractual and non-binding for the Seller.
Article 2 - Products sold - Promotions and offers
2.1 - In its catalogue, the Seller describes the products available for sale and makes every effort to present all characteristics by means of photos and a description compiled from data provided by the manufacturer.
The articles and products are available for sale for the duration announced on the site and within the limits of available stocks. When stocks are exhausted, the Seller makes every effort to remove the product from the catalogue and, in any case, only a purchase confirmation from the Seller provides the Buyer with a guarantee of availability and delivery under the conditions shown below.
2.2 - All of the Seller’s promotions and offers, and notably the prices displayed in euros with taxes included, are valid for the duration indicated on the site, unless stated otherwise by the Seller.
Article 3 - Orders
3.1 - An order is understood to refer to a Buyer’s order for a product described in our catalogue and at our prices.
3.2 - The sale is finalised once the Seller sends, to the e-mail address used by the Buyer when placing the order, a confirmation message pertaining to all or part of the order and that reiterates the present general terms of sale.
Once the Seller has issued its total or partial acceptance, the order becomes final and irrevocable, and can no longer be modified by the Buyer.
Article 4 - Prices - Payment provisions
4.1 - The sale is carried out at the Seller’s indicated price corresponding with each
item; the prices are net and include all taxes, but they do not include the handling and shipping charges.
Should the rate of the value added tax be changed, the price will be automatically modified with no notice other than the date when the new rate becomes applicable.
For orders exempt from value added tax, the provisions of the General Tax Code will be applicable.
4.2 - Orders are payable without delay, and no discount is consequently anticipated.
4.3 - Payment is made only by means of a transfer crediting the Seller’s bank account, as indicated by it in the order confirmation.
4.4 - The indicated price is the one that corresponds with the item’s price at the time of purchase, as shown in the rates, plus transport costs.
4.5 - Any risks and fees related to payment by bank transfer or bank card are exclusively borne by the Buyer.
Article 5 - Deliveries
5.1 - Delivery is triggered by the payment of the price.
5.2 - Delivery timeframes are approximate and given only for information; they can notably depend on the availability of carriers and on the order in which orders are received.
The Seller strives to comply with the timeframes indicated when the order is accepted, barring any force majeure or circumstances beyond its control, such as strikes, frost, fire, storm, flood, epidemic or sourcing difficulties; this list is in no way inclusive.
Delivery delays can therefore not result in any penalty or compensation, nor justify the order’s cancellation.
5.3 - Whether deliveries are carried out post-paid or postage due, it is expressly agreed that the transfer of risks relative to products sold by LA MAISON IVRE takes place when the products are handed over to the carrier, or when they leave its premises.
In case of damage to the delivered merchandise or of missing merchandise, the Buyer must therefore submit all necessary reservations to the carrier. In compliance with the provisions of article L 133-3 of the French Commerce Code, any product that has not been the subject of reservations submitted to the carrier by recorded delivery letter within three days of the reception, with a copy simultaneously sent to the Seller, will be considered to have been accepted by the Buyer.
It is the Buyer’s responsibility to provide proof relative to the reality of the damaged or missing merchandise.
5.4 - Moreover, in case of visible or hidden defect, any complaint of any nature from the Buyer relative to the delivered products will only be accepted by the Seller if it is submitted in writing, by means of a recorded delivery letter, within three days of the reception of the products.
5.5 - No merchandise can be returned by the Buyer without the Seller’s prior, express and written approval, notably by fax or e-mail. In this case, the return will be carried out at the risks and advanced expenses of the Buyer.
5.6 - Only after the Seller’s verification of the reality of a visible defect or of missing merchandise will the replacement of the non-compliant items or completion of the order be carried out at the Seller’s expense, without the Buyer being able to claim any compensation or the order’s cancellation.
5.7 - The customer’s acceptance without reservations of the ordered products covers any visible defect and/or missing quantities, with reservations having to be confirmed under the form and timeframe conditions indicated in article 5.2 above.
A complaint from the Buyer in keeping with the conditions and provisions described above does not suspend the latter’s obligation to pay for the merchandise in question.
5.8 - Under no circumstances can the Seller be held liable for any event occurring during transport, whether this involves destruction, damage, loss or theft, even in the event that the carrier had been chosen by the Seller.
5.9 - In all cases, when placing the order, the Buyer must carefully indicate the delivery address and the preferred delivery times, while also providing a telephone or cell phone number where s/he can be reached at any time.
Article 6 - Reservation of ownership
6.1 - The transfer of ownership of our products is suspended until the Buyer’s complete payment of the price, including principal and accessory amounts. Any contrary clause, notably included in general terms of purchase, is considered not to have been written, in compliance with article L.624-16 of the French Commerce Code.
6.2 - It is expressly agreed that the Seller can invoke the rights that it holds pursuant to the present reservation of ownership clause, for any of its receivables, on all of the products in the Buyer’s possession, with these products being by agreement presumed to be unpaid, and the Seller can take them back or demand them in compensation for any unpaid product, without prejudice to its right to cancel any ongoing sales.
Article 7 - Force majeure
7.1 - Cases of force majeure or acts of providence are considered to be events that are independent of the will of the parties, that they could not have reasonably been expected to anticipate, avoid or overcome, insofar as their occurrence totally prevents the performance of obligations.
The following are notably considered to be cases of force majeure or acts of providence that release the Seller from its obligation to deliver within the initially anticipated timeframes: a strike by all or part of the personnel of the Seller or of its usual carriers, fire, floods, war, production interruptions due to unexpected breakdowns, impossibility of obtaining its own procurements, epidemics, roadblocks, strikes or supply interruptions by EDF-GDF for a reason not attributable to the Seller, as well as all other causes of interrupted procurements attributable to its suppliers.
7.2 - In these cases, the Seller will so inform the Buyer by e-mail within 48 hours of the date of the occurrence of the events; the contract will then be automatically suspended without compensation, as of that date and for the entire duration of the event.
7.3 - Should the event last for more than 60 days, the contract can be cancelled by the first party to do so without either of the parties being able to claim damages and interest, and with the cancellation taking effect on the date of the first presentation of the recorded delivery letter conveying the cancellation of the said sale contract.
Article 8 - Retraction
8.1 - Under the express condition that the parcel containing the sold merchandise has not been opened, the customer can, at his/her sole expense, have the order returned within seven days of receiving it.
If this timeframe ends on a Saturday, Sunday or holiday, it will be extended until midnight of the next business day.
8.2 - This retraction right can also be exercised prior to reception and in particular prior to the dispatch of the merchandise, by e-mail. If transport has not yet been carried out, the shipping charges will therefore not be owed. In particular, cash on delivery returns will be refused.
In case of properly executed retraction, the reimbursement for the returned items and objects will be carried out within a maximum of 30 days of their date of reception by the Seller.
8.3 - It is therefore recommended that the Buyer should return the parcels by a means that offers tracking; in the event of a dispute, s/he will have to prove the parcel’s reception within the Seller’s premises.
Returns must be made to the following address : 38 rue Jacob - 75006 PARIS (France).
Article 9 – Confidentiality
The Seller undertakes to only use the Buyer’s confidential information within the framework of the operation of its commercial Internet site; it undertakes not to sell or rent its customer file.
At the Buyer’s request, the Seller will undertake to delete all contact details and information regarding him/her.
The Seller can nevertheless use technical means that will allow it to obtain non-personal information relative to Buyers, intended to improve its site’s functionalities.
In keeping with the provisions of article 34 of the Information Technology and Freedoms law, each Buyer has the right to access, modify, rectify and delete data relating to him/her.
The Seller’s Internet site was filed with the Commission Nationale Informatique et Liberté (National Information Technology and Freedoms Commission) : N° 1306808 du 15 juillet 2008.
Article 10. Governing law - Assignment of jurisdiction
10.1 - Any dispute relative to the present general terms of sale, and more generally to sales carried out by LA MAISON IVRE, will be governed by French law to the exclusion of any other legal system and, on a suppletive basis, by the Vienna Convention relative to international sale of goods.
10.2 - Any dispute relative to the application, interpretation and execution of the present general terms of sale, and more generally relative to contracts entered into by the Seller with any Buyer, will be brought before French courts having jurisdiction over the location of the Seller’s head office, irrespective of the order, delivery or payment location, or of the means of payment and even in case of activation of guarantees or multiple defendants.
This assignment of jurisdiction is therefore general, and it applies in the event of a principal claim, action in warranty, action on the main issue or summary order.
10.3 - In case of legal proceedings or of an action for recovery by the Seller against the Buyer, all expenses for summons and court costs, as well as fees for lawyers and bailiffs and, more generally, all related fees, will be borne by the Buyer, as will the expenses resulting from the Buyer’s violation of the payment or delivery terms of the disputed order.
10.4 - Should the Seller, at any time, not demand the application of any of the clauses and conditions herein, this implies no waiver of its right to demand the application of these same clauses at a later time.
10.5 - Any provision of these general terms of sale that should be cancelled by a jurisdiction or rendered null and void by a legislative modification will be considered not to have been written, but without resulting in the cancellation of the other clauses of these general terms of sale.