General terms and conditions
General terms and conditions
ARTICLE 1: COMPLETENESS
These general terms and conditions express the entirety of the parties’ obligations. As such, the consumer is deemed to have accepted all of the provisions herein without reservation. No general or specific condition contained in the documents sent or delivered by the consumer may be included herein, as these documents would be incompatible with these general terms and conditions.
ARTICLE 2: PURPOSE
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of products sold by the company Porcelaines J.L COQUET (including J.L Coquet and Jaune de Chrome) to the customer, from the order to the delivery, including the payment terms.
ARTICLE 3: PRODUCT INFORMATION
Each product sold on the www.jlcoquet.com website is accompanied by a descriptive text and one or more photos allowing the potential customer to know before taking the final order, the essential characteristics of the product. However, the information, characteristics, photographs and graphics presented on the site or in the e-mails sent by Porcelaines J.L COQUET (J.L Coquet and Jaune de Chrome) are given as an indication only. In particular, the difference in the perception of shapes and colors between the photographs or graphics presented and the products may vary slightly. The Porcelain Company J.L COQUET (J.L Coquet and Jaune de Chrome) will do its best to represent and describe as accurately as possible the products sold on their site.
If you have any questions about the Products, you can contact our customer service department by clicking on the "contact" link, or by e-mail at the following address [email protected] or by telephone on 05 55 56 08 28, Monday to Friday (excluding public holidays), 9am to 5pm.
ARTICLE 4: AVAILABILITY
The products presented by www.jlcoquet.com are valid only if they are in stock. In case of unavailability of the product, the customer will be informed by e-mail. A replacement product will be proposed or the customer will be refunded. The company Porcelaines J.L COQUET (J.L Coquet and Jaune de Chrome) updates availability very frequently, but cannot be held responsible if the stock is no longer the same as the one indicated at the time of placing the order. More specific information can be given to the customer by email: [email protected] or by phone at 05 55 56 08 28. No cancellation penalty will be charged for an order cancellation. No compensation for cancellation (other than a full refund of the order) can also be requested, as this unavailability is due to the deadline for updating these unavailabilities.
ARTICLE 5: PRICES
Sales prices are valid for the term of their publication on the Website. They are expressed in euros including VAT and excluding shipping costs. Such costs are fixed in accordance with the tariff set out below and are added to the total payable. You are reminded of the total payable when selecting products for purchase and adding them to your basket, prior to confirming the order.
VAT on sales prices: The prices of the Products are subject to French VAT, country of shipment of the goods. In the member states of the European Union, the Products are sold including VAT.
Customs duties at destination: any potential customs duties at destination shall be borne by the buyer. It is hereby specified that prices displayed online at the time of consultation by the Customer are subject to change, in particular depending on the price of raw materials and services; such prices may be changed on the Website at any time and without notice, at our discretion.
Naturally, any change in price will not affect orders already placed by Customers.
ARTICLE 6: ORDER
To confirm the order, the customer must first and necessarily read the general terms and conditions of sale provided on the website.
The customer also acknowledges having read, at the time of the order, the particular conditions of sale stated, the description of the product (s) and declares to accept them without reserve. The placement and confirmation of the order by the customer in the following conditions materialize the complete acceptance of the particular conditions of sale applicable to the order. The order will not be definitively registered until the customer validates the summary screen of the order. The "click of acceptance" of the customer of the general conditions of sale and the "click of validation of order", in the conditions set up by the site www.jlcoquet.com have a value of irrevocable order, except in the limited cases envisaged in these general conditions of sale.
The customer hereby acknowledges that he/she has read and understood these terms and agrees to them. He declares that he has the legal capacity to place an order on the website and to use a credit card. The automatic recording systems of www.jlcoquet.com are considered proof of the nature, content and date of the order. The customer must verify the conformity of the information, in particular with regard to the delivery address that he provides to www.jlcoquet.com.
The site www.jlcoquet.com can not be held responsible for data entry errors and the consequences in terms of delay or error of delivery. In this context, all costs incurred for the return will be borne by the customer. The sale will not be considered concluded until the order is confirmed by www.jlcoquet.com.
The automatic registration systems serve as proof of the nature, content and date of the order. The sale will only be concluded after confirmation of the order. The company Porcelaines J.L COQUET (J.L Coquet and Jaune de Chrome) will confirm the acceptance of the order by e-mail to the e-mail address that the customer has provided. The customer can at any time contact the company Porcelaines J.L COQUET (JLCoquet and Jaune de Chrome) in order to be informed about the follow-up of his order.
ARTICLE 7: PAYMENT
Payment terms
All orders are payable in full by the Customer. Payment for the Customer’s purchases on the Website may be made by credit card ("CB" cards, Visa, Mastercard and American Express are accepted).
In this case, the customer's credit card is debited at the time of the validation of the order;
When placing an order on the Website, the Client must provide his/her payment details on the appropriate form.
The Customer guarantees to Porcelaines J.L COQUET (J.L Coquet and Jaune de Chrome), when ordering via the Internet, that he/she is the holder of the credit card and that the name on the credit card to be debited is his/her own. He/she then communicates, in a secure environment on the Internet, the number and expiry date appearing on the front of his/her credit card as well as the visual cryptogram numbers appearing on the back (or front) of his/her credit card.
The fact that the Customer provides his/her credit card number shall be considered as authorisation to charge the total of the order to his/her account.
For orders paid by credit card, payment shall only be considered effective once relevant payment centres have given their consent.
Any information provided by the Customer is provided in a secure environment using protocols in force online.
The payment made online is done through the secure system "STRIPE".
Payment incidents
The company Porcelaines J.L COQUET (J.L Coquet and Jaune de Chrome) shall not be bound to deliver the products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.
At the time of the debit of the order, in case of incomplete, irregular or non-existent payment for any reason whatsoever or in case of any incident of payment, the company Porcelaines JLCoquet (J.L Coquet and Jaune de Chrome), reserves the right to suspend or cancel the delivery of orders in progress.
In the event of a delay in payment or provision of amounts due by the Customer, late payment penalties equal to the legal interest rate in force shall be applicable ipso jure to the Customer, after prior notice remaining without effect, without prejudice to any damages which may be claimed from him/her.
In case of non-payment after a formal notice remained without effect, the company Porcelaines J.L COQUET (J.L Coquet and Jaune de Chrome), retains full ownership of the products ordered until full payment has been made and may bring an action for recovery before the competent judge.
ARTICLE 8 : DELIVERY
Checks prior to order approval
Prior to any order or purchase, Customers must ensure that each product ordered can be delivered without difficulty and check that the dimensions of packages and products specified on the product sheet are adapted to the requirements for home delivery (lifts, stairwells, hallways, corridor doors, room of destination). The Client must therefore take all necessary measures for proper delivery.
Any difficulty encountered during the delivery of the products for which the Customer is solely responsible has the effect of charging the Customer the costs of a new delivery of the products and extend the delivery times in case of unavailable stock at the factory.
Delivery terms
Delivery of the products shall be made at the address provided by the Client when ordering..
Delivery times
The company Porcelaines J.L COQUET (J.L Coquet and Jaune de Chrome) undertakes to inform the Customer of the delivery times.
The delivery times provided take account, in particular, of the availability of products and time required to created "Bespoke" or "Made to order" products featured on the Website. The delivery times provided are calculated in working days (excluding Sundays and bank holidays).
The delivery time starts from the date the Customer receives an order confirmation email. In case of delivery problems, Porcelaines J.L COQUET (J.L Coquet and Jaune de Chrome), undertakes to do its best to inform the Customer of the possible overrun of the delivery date.
Checks to be undertaken on delivery
Prior to singing the delivery slip, the Customer must perform the following checks:
• Check the appearance of the package(s).
• Check the condition of products inside the package(s)..
• Check the compliance of products in relation to the delivery slip and to the goods ordered.
Thus, the Customer is responsible for performing all necessary checks to ensure compliance of the products on delivery. Such checks are considered to have been carried out as confirmed by the Customer’s signature of the delivery slip.
circumstantiated and legible reservations, and be as precise as possible (breakage, damage, non-compliance: Product error, different colour and/or dimensions; missing items, etc.) and refuse delivery of the package(s) by providing the reasons for his/her refusal.
For the purposes of these conditions, delivery will be considered as having been made, or the order will be considered as having been delivered when the Customer, or a third party designated by the Customer has material possession of the products, as formalised by the signature of the acknowledgement of receipt of the order to the delivery address provided by the Customer on the delivery order.
Where delivery is made by a carrier, the Customer must make any reservations on the delivery slip.
Moreover, the Customer may also make any specific reservations relating to the products delivered on the delivery slip and send this delivery slip to the carrier within three days following the date of receipt of the delivery at the latest.
In the absence of any specific reservations made by the Customer, delivery will be deemed as compliant.
Reservation of ownership and transfer of risks
The transfer of ownership of ordered products is subject to full and proper payment of their price. This clause does not prevent the transfer of risks pertaining to the products to the buyer from the time of delivery.
Pursuant to Article L. 221-28 of the Consumer Code, this right of withdrawal may not be exercised for items ordered concerning:
• the provision of goods manufactured according to consumer specifications or which have been clearly personalised;
• the provision of items which have been opened by the consumer after delivery and which may not be returned for reasons of hygiene or health and safety.
To exercise its right of withdrawal, the client may use the withdrawal form at the bottom of these General Terms and Conditions of Sale, or any other clear and legible declaration.
TERMS OF RETURN
Return from France :
In order to return the articles that he would have already received, the customer will have to send back the articles by post. In this case, the customer must, within fourteen (14) days following the communication of his decision to withdraw, return the article concerned to the following address Société Porcelaines J.L COQUETAvenue de Limoges, 87400 Saint Léonard de Noblat, France. The direct costs of returning the item will then be charged to the Customer. It is the Customer's responsibility to provide proof of this return, which implies that the items must be returned by registered mail, or by any other means giving a certain date, the costs and risks of return being borne by the Customer. The refund will be made within fourteen (14) days following the receipt by Porcelaines J.L COQUET (J.L Coquet and Jaune de Chrome), of the returned items.
In accordance with Article L. 221-23 of the Consumer Code, J.L Coquet takes in charge the expenses of the returns.
Refunds of amounts paid for the returned article(s) shall be provided, depending on the payment method used for the articles, either by crediting the Customer’s bank account matching the credit card used for payment or by transfer to the customer's bank account. Pursuant to Article L. 221-24 of the Consumer Code, additional costs paid by the Customer and relating to the choice of a specific delivery method shall not be refunded.
It is not possible to manage refund in store.
Moreover, in the case of a gift, the right of withdrawal shall solely and exclusively benefit the Customer and may under no circumstances be exercised by the recipient of the gift
In all cases, the Customer must return the delivered items in their original packaging, complete (boxes, accessories, protections, labels, booklets, etc.) and accompanied by the duly completed returns form and a copy of the invoice. Items returned incomplete, damaged, broken, deteriorated, soiled or in any other condition that would reasonably suggest that they have been used will not be reimbursed or exchanged and will be returned.
Fresh from Germany, Belgium, Spain, Great Britain, Italy, Switzerland, Portugal or the Netherlands, USA:
The customer is exclusively responsible for the return shipping costs. Returns at the request of the customer must be requested in DDP (delivery duty paid). The duties and taxes of a return are therefore charged to the customer.
ARTICLE 10: GUARANTEES
The customer must ensure that the items delivered correspond to the order. In the event that the items delivered do not correspond to the order, the customer must inform Porcelaines' customer service by telephone J.L COQUET (J.L Coquet and Jaune de Chrome) and return the items in question under the conditions set forth in these General Terms and Conditions of Sale.
Notwithstanding the specific warranty conditions given to the customer with the delivered article, the articles of the company Porcelaines J.L COQUET (J.L Coquet and Jaune de Chrome) are subject to the warranty conditions provided by law.
Reminder of Articles L. 217-4, L. 217-5 and L. 217-12 of the Consumer Code and Articles 1641 and 1648 (1) of the Civil Code:
"Article L.217-4 of the French Consumer Code: The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility." "Article L.217-5 of the Consumer Code:
To comply with the contract, the item must:
1. If it is fit for the purpose expected of a similar item and, where applicable:
• if it matches the description provided by the seller and has the features that were presented to the buyer in the form of a sample or model;
• if it has the features that a buyer may legitimately expect in light of the public declarations made by the seller, manufacturer or representative, notably in advertising or on labelling;
2. Or if it has the characteristics defined by mutual consent by the parties or is fit for any special use sought by the buyer, notified to the seller and accepted by the latter. "
"Article L.217-12: Legal action resulting from a lack of compliance shall lapse two years after delivery of the item".
"Article 1641 of the Civil Code: The seller is bound by the guarantee against hidden defects relating to the sold item which render it unfit for the intended use, or which diminish such use, in such a way that the buyer would not have bought it, or would have done so at a lower price, had he/she been aware".
"Article 1648 (1) of the Civil Code: Legal action for redhibitory defects must be lodged by the buyer within two years following discovery of the defect".
Pursuant to case law, compensation for the consequences of the hidden defect, when proved, includes the following:
• either repair of the article free of charge, including labour costs,
• or replacement or refund, in whole or in part, in the case in which the article cannot be used,
• and compensation for any damages caused to people and items by the article’s defect..
The company Porcelaines J.L COQUET (J.L Coquet and Jaune de Chrome) offers an after-sales service for its products. The Customer can contact the customer service by phone: +33 (0)5 55 56 08 28 (price of a local call), by mail (contact us) or go to one of the JLCoquet stores (JL Coquet & Jaune de Chrome) to obtain more information on this service.
ARTICLE 11: SEVERABILITY OF CLAUSES
Should any of the stipulations in this contract be declared null and void, this nullity shall not result in the nullity of the other stipulations which shall remain in force between the parties. Any contractual changes shall only be valid after an agreement in writing has been duly signed by the parties..
ARTICLE 12: FORCE MAJEURE
The company Porcelaines J.L COQUET (J.L Coquet & Jaune de Chrome) shall not be liable for any failure or delay in performance of its contractual obligations caused by events beyond its reasonable control (hereinafter "Force Majeure") as defined in Article 1218 of the Civil Code and by case law.
It is understood, on the one hand, that the contractual obligations of Porcelaines J.L COQUET (J.L Coquet & Jaune de Chrome) will be suspended for as long as the Force Majeure event lasts and, on the other hand, that its deadlines for fulfilling these obligations will be extended for a duration equivalent to that of the Force Majeure event. Porcelaines J.L COQUET (J.L Coquet & Jaune de Chrome) shall make every effort to put an end to the Force Majeure or to find a solution enabling it to perform its contractual obligations despite the Force Majeure.
ARTICLE 13: APPLICABLE LAW - DISPUTES
The present General Conditions of Sale are governed and interpreted in accordance with French law.
In the event of a dispute relating to the application and/or interpretation of these General Terms and Conditions of Sale, you may contact our Customer Service Department by clicking on the "contact" link, or by e-mail at the following address: [email protected] or by telephone on 05 55 56 08 28, Monday to Friday (excluding public holidays), 9am to 5pm.
You may also resort to a conventional mediation procedure or any other alternative dispute resolution procedure. In accordance with the order n°2015-1033 of August 20, 2015 and the application decree n°2015-1382 of October 30, 2015, any dispute or litigation known as consumer, subject to article L612-2 of the Consumer Code, can be the subject of an amicable settlement by mediation with the CMAP - Centre de Médiation et d'Arbitrage de Paris.
To submit a dispute to the mediator, the customer can fill in the form on the CMAP website: www.cmap.fr, send his request by simple or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or send an email to [email protected].
Whatever the means used to refer the matter to the CMAP, your request must contain the following elements in order to be processed quickly: your postal, email and telephone contact details as well as the name and address of the company Porcelaines JLCoquet, a brief statement of the facts, and proof of prior contact with the company Porcelaines J.L COQUET.
Mediation is an alternative mechanism that is not a prerequisite for legal action.
RETRACTATION FORM
(Please complete and return this form only if you wish to withdraw from the contract).
To the attention of the company Porcelaines J.L COQUET - Customer Service - Avenue de Limoges, 87400 Saint Léonard de Noblat, or via the "Contact us by e-mail" form available on the website www.jlcoquet.com.
I/we [*] hereby notify you/notify [*] of my/our [*] revocation of the contract relating to the sale of the property [*]/for the provision of service [*] below
Well ______ [reference] _______________.
Ordered on [*]/received on [*]: ______________
Name of consumer (s)
Address of the consumer (s)
Signature of consumer (s) (only in case of notification of this form on paper)
date
[*] Brush the pointless mention.