General Terms and Conditions of Sale

 

ARTICLE 1: ENTIRETY

These terms and conditions constitute the entire agreement between the parties. By placing an order, the consumer is deemed to have accepted all provisions of these terms and conditions without reservation. No general or specific terms and conditions contained in documents sent or delivered by the consumer may be incorporated herein, as such documents would be incompatible with these terms and conditions.

 

ARTICLE 2: PURPOSE

The purpose of these general terms and 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 COQUET (including Coquet and Jaune de Chrome) to the customer, from order to delivery, including the payment terms.

 

ARTICLE 3: PRODUCT INFORMATION

Each product sold on the website www.jlcoquet.com is accompanied by a descriptive text and one or more photos, allowing potential customers to learn the essential characteristics of the product before placing their final order. However, the information, characteristics, photographs, and graphics presented on the website or in emails sent by the company are not guaranteed. The COQUET porcelains (including Coquet and Jaune de Chrome) are shown for illustrative purposes only. In particular, the perception of shapes and colors between the photographs or graphics shown and the actual products may vary slightly. The company COQUET Porcelains (including Coquet and Jaune de Chrome) will strive to represent and describe the products sold on their site as accurately as possible.

For any questions relating to the Products, you can contact our customer service by clicking on the "contact" link, by email at the following address: eshop@jlcoquet.com or by phone at 05 55 56 08 28, from Monday to Friday (excluding public holidays), from 9:00 a.m. to 5:00 p.m.

 

ARTICLE 4: AVAILABILITY

The products displayed on www.jlcoquet.com are only valid if they are in stock. If a product is unavailable, the customer will be notified by email. A replacement product will be offered or the customer will be refunded. The company COQUET Porcelain (including Coquet and Jaune de Chrome) updates its availability information very frequently, but cannot be held responsible if the stock is no longer the same as that indicated at the time of ordering. More specific information can be provided to the customer by email: eshop@jlcoquet.com or by telephone at +33 5 55 56 08 28. No cancellation fee will be charged for order cancellations. No compensation for cancellation (other than a full refund) can be claimed, as this unavailability results from the deadline for updating stock availability information.

 

ARTICLE 5: PRICE

The sale prices are valid for the duration they are displayed on the Website. They are expressed in euros, inclusive of VAT, but exclusive of shipping and handling fees. These fees are set according to the price list below and are added to the amount payable. The amount is displayed to you when you are at the stage of selecting the products you wish to purchase and adding them to your shopping cart, before you confirm your order.

VAT on selling price: Product prices are subject to French VAT, the country of shipment. In European Union member states, products are sold inclusive of VAT.

Customs duties at destination: Any customs duties payable at the destination are the responsibility of the buyer. Please note that the prices displayed online at the time of consultation by the Customer are subject to change, particularly depending on the price of raw materials and services, and may be modified on the Website, at our discretion, at any time and without prior notice.

Naturally, any price variation will not impact orders that have already been placed by our Customers.

 

ARTICLE 6: ORDER

To confirm the order, the customer must first and necessarily read the general terms and conditions of sale presented on the website.

The customer also acknowledges having read, at the time of ordering, the specific terms and conditions of sale and the description of the product(s), and declares their unreserved acceptance. Placing and confirming the order by the customer under the following conditions constitutes full acceptance of the specific terms and conditions of sale applicable to the order. The order will only be definitively registered upon the customer's validation of the order summary on the screen. The customer's "acceptance click" of the general terms and conditions of sale and the "order confirmation click," as implemented by the website www.jlcoquet.com, constitute an irrevocable order, except in the limited cases provided for in these general terms and conditions of sale.

The customer acknowledges by this agreement that they have read, understood, and accept these terms. They declare that they have 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 accuracy of the information, particularly regarding the delivery address they provide to www.jlcoquet.com.

The website www.jlcoquet.com cannot be held responsible for data entry errors and the resulting delays or delivery errors. In such cases, all return shipping costs will be borne by the customer. The sale will not be considered final until the order is confirmed by www.jlcoquet.com.

Automatic recording 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 COQUET Porcelain (including Coquet and Jaune de Chrome) will confirm acceptance of the order by email to the email address provided by the customer. The customer may contact the company at any time. COQUET porcelain (including Coquet and Jaune de Chrome) to be informed of the progress of your order.

Information for our UK customers

In order to offer you a transparent service that complies with current customs requirements, we inform you that our parts are shipped from our workshop in France.

In accordance with post-Brexit regulations, some orders destined for the United Kingdom may be subject to customs duties or UK import VAT , collected by local authorities or the carrier at the time of delivery.

Note:

– Orders under £135 are generally exempt from customs duties .
– For orders exceeding this threshold, import fees may apply.
– Local VAT (20%) may be charged separately upon arrival of the package.

Thank you for your trust and we remain at your disposal for any further information.

ARTICLE 7: PAYMENT

Payment methods

All orders are payable in full by the Customer. Customer purchases on the Site can be paid for by credit card (Visa, Mastercard and American Express cards from the "CB" network are accepted).

In this case, the customer's bank card is debited at the time the order is validated;

When placing an order on the Site, the Customer must provide their payment details on the appropriate form.

The Client guarantees to the company COQUET Porcelains (including Coquet and Jaune de Chrome), when ordering via the Internet, that he is the holder of the bank card and that the name appearing on this bank card to be debited is indeed his own then communicates in a secure environment on the Internet, the number and expiry date appearing on the front of his bank card as well as the numbers of the visual cryptogram appearing on the back (or front) of his bank card.

The communication by the Customer of their bank card number constitutes authorization to debit their account for the amount of the order.

Any order paid for by credit card is only considered effective once the relevant payment centers have given their approval.

All information transmission by the Client takes place in a secure environment using the protocols in force on the Internet.

Online payments are processed through the secure "STRIPE" system.

Payment incidents

The company Porcelaines COQUET (including Coquet and Jaune de Chrome) will not be obliged to deliver the products ordered by the Customer if the Customer does not pay the full price under the conditions indicated above.

When processing the order, in the event of incomplete, irregular, or nonexistent payment for any reason whatsoever, or in the event of any payment incident, the company COQUET Porcelains (including Coquet and Jaune de Chrome) reserves the right to suspend or cancel the delivery of current orders.

In the event of late payment and failure to pay the sums due by the Client, late payment penalties equal to the legal interest rate will automatically apply to the Client, after prior formal notice has remained without effect, without prejudice to any damages that may be claimed from him.

In the event of non-payment after a formal notice has been issued and remains unheeded, the company Porcelaines COQUET (including Coquet and Jaune de Chrome) retains full ownership of the ordered products until full payment is received and may take legal action to recover them before the competent judge.

 

ARTICLE 8: DELIVERY

Pre-order checks

Before placing any order or making any purchase, the Customer must ensure that each product ordered can be delivered without difficulty and verify that the dimensions of the packages and products specified on the product page are suitable for the constraints of their home (elevators, stairs, hallways, front doors, destination room, etc.). The Customer must therefore take all necessary measures to ensure the smooth delivery of the item.

Any difficulty encountered during the delivery of products for which the Customer is solely responsible will result in the Customer being charged for the costs of a new delivery of the products and extending delivery times in the event of stock not being available at the factory.

Delivery methods

The products are delivered to the address provided by the Customer when placing their order.

Delivery times

The company COQUET Porcelains (including Coquet and Jaune de Chrome) undertakes to inform the Customer of delivery times.

The delivery times indicated depend in particular on product availability. The delivery times indicated are calculated in working days (excluding Sundays and public holidays).

Delivery times begin from the date the Customer receives an order confirmation email. In case of a delivery problem, the company COQUET Porcelains (including Coquet and Jaune de Chrome), undertakes to make its best efforts to keep the Customer informed of any possible delay to the delivery date.

Checks to be carried out upon delivery

Before signing the delivery note, the Customer must:

Check the apparent condition of the package(s).

Check the condition of the products inside the package(s).

Check that the products conform to the delivery note on the one hand and to the goods ordered on the other.

It is therefore the Client's responsibility to carry out all necessary checks to verify the conformity of the products upon delivery. This verification is deemed to have been carried out once the Client has signed the delivery note.

In the event of anomalies observed during delivery, the Customer must issue the necessary, detailed, legible, and as precise as possible reservations (breakages, damage, non-conformity: error of Product, different color and/or dimensions; missing items, etc.) and refuse delivery of the package(s) justifying the refusal.

For the purposes of these conditions, delivery will be deemed to have been made, or the order will be deemed to have been delivered, when the Customer, or a third party designated by the Customer, is in physical possession of the products, which will be materialized by the signature of the order acknowledgement at the delivery address that the Customer indicated in the delivery form.

When delivery is made by carrier, the Customer must note any reservations on the delivery slip.

Furthermore, the Customer also has the option to make any specific reservations concerning the delivered products on the delivery note and return it to the carrier no later than three days after the date of receipt.

In the absence of specific reservations made by the Client, the delivery will be presumed to be compliant.

Retention of title and transfer of risk

Ownership of the ordered products is transferred only upon full payment of the price. This clause does not preclude the transfer of risk associated with the products to the buyer upon delivery.

In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for orders relating to:

- the supply of goods made to the consumer's specifications or clearly personalized;

- the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.

To notify their decision to withdraw, the customer may use the withdrawal form at the bottom of these General Terms and Conditions of Sale, or any other unambiguous statement.

 

RETURN POLICY

Return from France:

To return items already received, the customer must send them back by mail. In this case, the customer must, within fourteen (14) days of notifying their decision to withdraw, return the item in question to the following address: Company Porcelaines COQUET, Avenue de Limoges, 87400 Saint Léonard de Noblat, France. The direct costs of returning the item will be borne by the Customer. The Customer is responsible for obtaining proof of return, which means that items must be returned by registered mail or any other method providing a verifiable date, with the costs and risks of return remaining the Customer's responsibility. The refund will be issued within fourteen (14) days of receipt by the company. COQUET porcelain (including Coquet and Jaune de Chrome), returned items.

 

In accordance with Article L. 221-23 of the Consumer Code, Coquet will bear the costs of returns.

Refunds for returned item(s) will be issued, according to the original payment method, either as a credit to the customer's bank account associated with the payment card used for the purchase or as a bank transfer. In accordance with Article L.221-24 of the French Consumer Code, any additional costs incurred by the customer for choosing a specific delivery method will not be refunded.

It is specified that no refunds are given in store.

Furthermore, in the case of a gift, the right of withdrawal remains exclusively for the benefit of the Customer and cannot under any 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, protective materials, labels, booklets, etc.) and accompanied by the duly completed return form and a copy of the invoice. Items returned incomplete, damaged, broken, deteriorated, soiled, or in any other condition that would reasonably suggest they have been used will not be refunded or exchanged and will be returned to the Customer.

Fresh produce from Germany, Belgium, Spain, Great Britain, Italy, Switzerland, Portugal or the Netherlands, United States:

 

Return shipping costs are the sole responsibility of the customer. Returns requested by the customer must be sent DDP (delivery duty paid). Therefore, any duties and taxes associated with a return are the customer's responsibility.

ARTICLE 10: GUARANTEES

The Customer must ensure that the items delivered correspond to their order. If the delivered items do not conform to their order, the customer must inform Porcelaines COQUET (Coquet and Jaune de Chrome) customer service by telephone and return the items in question under the conditions set out in these General Terms and Conditions of Sale.

Notwithstanding the specific warranty conditions given to the customer with the delivered item, the items of the company Porcelaines COQUET (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, first paragraph, of the Civil Code:

"Article L.217-4 of the Consumer Code: The seller must deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was the seller's responsibility under the contract or was carried out under the seller's supervision." "Article L.217-5 of the Consumer Code:

To comply with the contract, the goods must:

1° If it is suitable for the purpose usually expected of similar goods and, where applicable:

if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;

if it possesses the qualities that a buyer can legitimately expect, having regard to the public statements made by the seller, the producer or their representative, particularly in advertising or labelling;

2° Or if it possesses the characteristics defined by mutual agreement between the parties or is suitable for any special purpose sought by the buyer, which has been brought to the seller's attention and accepted by the latter.

"Article L.217-12: The action resulting from the lack of conformity is time-barred two years from the delivery of the goods."

"Article 1641 of the Civil Code: The seller is bound by a warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them."

"Article 1648 of the Civil Code, first paragraph: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect."

According to case law, remedying the consequences of a latent defect, once proven, includes:

- either the completely free repair of the item, including labor costs,

- either its replacement or a full or partial refund of its price in the event that the item is completely unusable,

- and compensation for any damage caused to persons and property by the defect in the article.

The company Porcelaines COQUET (JCoquet and Jaune de Chrome) offers after-sales service for its products. Customers can contact customer service by phone: +33 (0)5 55 56 08 28 (local call rates apply), by email (contact us), or visit one of the Coquet stores to obtain more information about this service.

 

ARTICLE 11: DIVISIBILITY OF CLAUSES

If any provision of this contract is held to be invalid, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect between the parties. Any contractual modification shall be valid only after a written agreement signed by both parties.

 

ARTICLE 12: FORCE MAJEURE

Les Porcelaines COQUET (including Coquet and Jaune de Chrome) will not be held liable for any failure to perform or any delay in the 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 the company COQUET Porcelains (including Coquet and Jaune de Chrome) will be suspended for the duration of the Force Majeure event, and furthermore, its deadlines for fulfilling these obligations will be extended for a period equivalent to that of the Force Majeure event. The company COQUET Porcelains (including Coquet and Jaune de Chrome) will make every effort to stop the Force Majeure event or to find a solution enabling it to perform its contractual obligations despite the Force Majeure event.

 

ARTICLE 13: APPLICABLE LAW - DISPUTES

These General Terms and Conditions of Sale are governed by and construed in accordance with French law.

In the event of a dispute related to the application and/or interpretation of these General Terms and Conditions of Sale, you have the option of contacting our Customer Service by clicking on the "contact" link, by email at the following address: eshop@jlcoquet.com or by telephone at 05 55 56 08 28, from Monday to Friday (excluding public holidays), from 9:00 a.m. to 5:00 p.m.

You can also resort to conventional mediation or any other alternative dispute resolution procedure. In accordance with Ordinance No. 2015-1033 of August 20, 2015 and Implementing Decree No. 2015-1382 of October 30, 2015, any consumer dispute or litigation, subject to Article L612-2 of the Consumer Code, may be resolved amicably through mediation with the CMAP – Paris Mediation and Arbitration Centre.

To submit a dispute to the mediator, the customer can fill out the form on the CMAP website: www.cmap.fr, send their request by regular or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or send an email to consommation@cmap.fr.

Regardless of the method used to contact the CMAP, your request must contain the following elements 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 steps taken with the company Porcelaines COQUET.

Recourse to mediation is an alternative mechanism that is not a prerequisite for taking legal action.

 

WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract).

To the attention of the company Porcelaines JL COQUET - Customer Service – Avenue de Limoges, 87400 Saint Léonard de Noblat, or via the "Contact us by email" form accessible on the website www.jlcoquet.com.

I/We [*] hereby notify you of my/our [*] withdrawal from the contract for the sale of the goods [*]/for the provision of services [*] below

Well ___[reference]_____________

 

Ordered on [*]/received on [*]: ______________

 

Name of consumer(s)

 

Consumer address(es)

 

Signature of the consumer(s) (only if this form is submitted on paper)

 

Date

 

[*] Delete as appropriate.