Terms and conditions

Terms and conditions of sale

This present electronic retail site is provided by the limited liability company

SASU POTERIE LA MADELEINE

1750 route des Cévennes 30350 LÉZAN – France

N°SIRET : 342 305 711 00018

Tel : +33 (0)4 66 61 63 44

Fax : +33 (0)4 66 61 87 29

All prices stated by the Poterie de la Madeleine in this website are inclusive of VAT, for France and some European countries. All information given in the website www.poterie.com is provided in french. The site is equally consultable in english. The client agrees with the contents and conditions of sale before placing an order.

Prior to ordering, the client declares that the act of purchase of a product of the Poterie de la Madeleine does not concern his professional activity, and that the acquisition is reserved for personal use only.

As a consumer, the client disposes of specific rights, which can be evoked in the case of the purchases being linked to his or her professional activity.

The client declares to be in the legal capacity to commit to these present general conditions.

OBJECT

The objectif of the present conditions of sale is to define the rights and obligations of both parties covering the act of electronic distance selling proposed in this website by the Poterie de la Madeleine.

MINIMUM ORDER

The minimum order is 60 euros VAT inclusive (excluding delivery charges) and a total order weight of 20kg minimum for a delivery by carrier. Other orders are sent by Colissimo services in country where this service is available.

The Poterie de la Madeleine cannot honour any orders of an inferior price and/or weight.

GEOGRAPHIC COVERAGE OF THE OFFER

The geographical zone covered by the offer of the website of the Poterie de la Madeleine includes France as well as some country in Europe.

THE CONTRACT

The present contract is formed by the following documents:

• The present general conditions of sale

• The order form

All photos and illustrations of the totality of the products presented on this website do not enter into this contract. The Poterie de la Madeleine cannot be held legally responsible in the case of error or alteration of any of these resources, .

ORDERING

The order form, Once click-signed, constitutes an irrevocable commitment on the part of the client, and can only be challenged in certain cases provided for in this present contract covered by the articles "Right of retraction" and "Order processing".

ORDER CONFIRMATION

The reception by the customer of the order confirmation sent by the Poterie de la Madeleine constitutes the conclusion of the contract. The client will receive by fax, letter or e-mail, a registered detailed confirmation of the order (products ordered, prices, estimated delivery time, delivery costs). The Poterie de la Madeleine reserves the right to withhold confirmation of an order for whatever reason, notably for a problem of stock, or for a problem linked to the reception of the order.

DURATION OF THE OFFER

For as long as the products presented on the website are visible online, the offers associated with these products remain viable whilst stocks last.

PRICES - INVOICING

Prices of products and services are given in EUROS. The price fixed at time of purchase is firm and binding. Although the Poterie de la Madeleine reserves the right to alter pricing at any time, the Poterie de la Madeleine will honour the price given at time of order. Any change in VAT will be reflected in the prices given on the website. The Poterie de la Madeleine establishes an invoice for each order, it is up to the client to furnish a postal address in order to receive the invoice by Post.

PAYMENT

Payment is due in full at time of order. Payment for the order is via the website of the Poterie de la Madeleine.

Means of payment:

By credit card as indicated on the website. In doing so, the customer guarantees that he is authorised to use this form of payment at time of order.
By cheque, made out to "La Poterie de la Madeleine". In the case of non reception of the cheque or the non-honouring of the cheque in the 10 days following order confirmation, The Poterie de la Madeleine reserves the right to cancel the order.
By bank transfer, made out to "La Poterie de la Madeleine". In the case of non reception of the transfer in the 10 days following order confirmation, The Poterie de la Madeleine reserves the right to cancel the order. Bank details are provided at time of order.

NON-PAYMENT- RESERVE OF OWNERSHIP

In compliance with law n°80 335 of the 12 May 1980, the ordered merchandise remains the property of the Poterie de la Madeleine until the full payment of it's stated value has been received. The Poterie de la Madeleine reserves the right to recuperate the merchandise ordered in the case of non-payment. In this case, the client is under the obligation to guarantee the restitution of the merchandise to the Poterie de la Madeleine, at his own cost.

RISK TRANSFER

The transfer of risk to the client intervenes at the moment of transfer of the merchandise by the Poterie de la Madeleine to the transporter. The merchandise transits at the client's risk and peril including during the restitution of the merchandise postage paid, as well as during any order retraction period. The client is subject to the full financial consequences of damage, loss or destruction of the merchandise during these periods.

ORDER PROCESSING

The Poterie de la Madeleine will process your order as soon as we receive it.

This enables us to send you a delivery date with your order confirmation.

Depending on the availability of your vase, this could take from 1 to 7 weeks.

In the case of the merchandise being out of stock, the Poterie de la Madeleine will inform the client as soon as possible with a proposition of a similar item or items, as well as a new delivery date. The client has the option of either confirming the new proposal, waiting for the stock arrival of the original merchandise, or canceling the original order, in which case, all monies paid by the client at time of order will be reimbursed.

DELIVERY

The Poterie de la Madeleine will process your order as soon as we receive it.

The Poterie de la Madeleine assures delivery to France and surrounding countries (Andorra, Spain, Italy, Vatican, Switzerland, Austria, Germany, Luxembourg, The Netherlands, Holland, Belgium). The delivery rate to other destinations will be calculated on a case by case basis by the Poterie de la Madeleine.

All information given to the Poterie de la Madeleine at the time of ordering is contractual. Your order will be delivered to the address given on the order form, if accessible. If the address given reveals to be inaccessible by the transporter, you will be liable to an additional second delivery charge. In the case of error or an incomplete address the Poterie de la Madeleine cannot be held responsible for any delay in the delivery time stated on the order confirmation.

Your order, packed and pallet mounted, is delivered to the ground floor level at the entrance to your house or apartment. Considering the volume and weight of the order, it is advisable to have help for the unpacking. The transporter is not authorised to unpack and/or install your order. Any specific delivery conditions (Level other than ground floor, mountainous terrain, restricted access, pedestrian street, mobile crane...) are liable to surcharge. The transporter is under no obligation to give an exact time of delivery. The delivery receipt given by the transporter, dated and signed by the client, constitutes proof of delivery. The Poterie de la Madeleine strongly recommends our customers to completely unpack and verify the merchandise delivered in the transporter's presence, before signing the delivery receipt.

In the case of breakages or any other problem, the client should refuse the delivery of the merchandise and/or mention them clearly (see above) in writing on the delivery receipt, as well as the delivery date and time. Any remarks should be signalled to the transporter by registered post within 3 working days from the date of delivery. A copy of which should also be sent to the Poterie de la Madeleine.

Deliveries are from Monday to Friday inclusive, excluding bank holidays and weekends.

CUSTOMER ABSENCE

If you are absent at time of delivery, the transporter will leave you a delivery notice at the address given. It is your responsibility to contact the transporter to arrange another delivery date. In the case of non-recovery in the deadline given by the transporter, your order will be returned to the Poterie de la Madeleine who reserve the right of non-reimbursement of payment of the merchandise, you will also be held accountable for any extra delivery charges.

COMPLAINTS

Any complaint for non-conformity of the merchandise delivered should by made in writing and addressed to the Poterie de la Madeleine, immediately after reception of the merchandise. The client should conserve all packaging as well as the delivery receipt.

In the case of merchandise error, the client is legally obliged to return the merchandise, unopened and with all accompanying documents, to the Poterie de la Madeleine within 7 days of delivery. After reception, the Poterie de la Madeleine will replace and deliver, at no extra cost, the merchandise initially ordered.

RIGHT OF RESCISSION

In compliance with article L 121-16 of the Consumer Act, the client has 7 working days from the delivery date, in which to return the merchandise, at his own cost, for exchange or reimbursement.

The item returned should be in its original packaging. It should not have been opened or used, nor been subjected to any deterioration or damage of any kind.

The client has free right of rescission. The client shall be reimbursed within 30 days from the reception of the returned merchandise. The client shall provide the Poterie de la Madeleine with all bank information necessary for the reimbursement.

Being hand-made, any traces of sponges, unevenness or light surface scratches are integral aspects of the vase, and not manufacturing defects.

GUARANTEE

The items sold are guaranteed against hidden defects according to articles 1641 and following the Civil Code.

To make a claim, the client should return the item, at his own costs, to the Poterie de la Madeleine, with the original invoice. The item will be exchanged for an identical item and sent to the client at the Poterie de la Madeleine's own costs, except in the case of the item being out of stock or discontinued. In this case, the Poterie de la Madeleine will fully reimburse the client.

PERSONAL INFORMATION

The personal information required of the client is essential for order processing and delivery, invoicing and eventual guarantees.

For these purposes, this information can be communicated to the contractual partners of the Poterie de la Madeleine.

The client has the right to oppose any such communication under the Information and liberties act of January 1978. The client has right of access, modification, correction and suppression of any personal information by contacting the Poterie de la Madeleine, Route de Nîmes D 982, 30350 LÉZAN – France.

In order to limit fraudulent use of personal information, the Poterie de la Madeleine has the right to demand confirmation of identity. Thank you for your comprehension.

PROOF

The Computerised registers, stocked in the Poterie de la Madeleine's secured servers, are considered as proof of any communication, orders and payments between parties.

Order forms and invoices stoked on our servers can be produced as proof of purchase.

INTELLECTUAL PROPERTY RIGHTS

The totality of the content of the website (structure, design, photos, illustrations, texts, and programmes...) remains the property of the editor. The site poterie.com is subject to French intellectual property legislation All rights of reproduction reserved.

CONTRACTUAL INTEGRALITY

The present conditions of sale cover the integrality of the obligations of both parties.

Any other general or particular conditions communicated by the client cannot replace or add to the general conditions of sale.

NULLITY

In the case of one or more stipulations in the general conditions of sale being held as non valid, or declared so following a legal decision, all other stipulations remain in their integrity.