Terms & Conditions of Sale
Website edited by:
Sylvain GAUTIER E.I. ,
35 rue des champs elysées,
31500 Toulouse, France
Establishment Directory Identification System: 517870416 00016
Economic Operator Registration and Identification: FR51787041600016
Webdesign and integration : Sylvain GAUTIER, based on the “Twenty twenty” theme.
This website is powered by the open-source solution WordPress.
Hosting : OVH, 2 rue Kellermann – 59100 Roubaix – France.
This whole website and its content is © copyright and exclusive property of Sylvain GAUTIER E.I. all rights reserved.
The unauthorised reproduction or distribution of this website or any part thereof are punishable by civil and criminal penalties and be subject to all legal actions as appropriate.
TERMS AND CONDITIONS OF SALE
The company can be reached by email by clicking on the contact form accessible via the home page of the site.
Hereafter the “Seller” or the “Company” on the one hand, and the natural or legal person proceeding to the purchase of products or services of the company, Hereafter, “the Buyer”, or “the Customer ” on the other hand. It was explained and agreed as follows:
Sylvain GAUTIER E.I. manufactures unique wooden pieces, from purchased or salvaged wood, which may present anomalies, signs of wear, knots, cracks, traces of cut, which make their authenticity. Each model is its own creation, any reproduction of its models for commercial purposes is strictly prohibited and the offender commits to legal proceedings.
Article 1: object
These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.
Article 2: General provisions
These General Terms and Conditions of Sale (GTC) apply to all sales of Products, made through the Company’s websites, which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these at any time by publishing a new version on its website. The GCS then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) of the order.
The Customer declares to have read all of these General Terms and Conditions of Sale, and, where applicable, the Special Terms and Conditions of Sale related to a product or service, and to accept them without restriction or reservation.
The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs.
The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committing. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3: Prices
The prices of the products sold through the websites are indicated in Euros including VAT and precisely determined on the product description pages. They are also indicated in euros, all taxes included (VAT + other possible taxes) on the product order page, and excluding specific shipping costs. In the event of an order to a country other than metropolitan France, the buyer is the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be applicable. These duties and taxes are not the responsibility of the company. They will be the responsibility of the buyer (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the Company’s websites are the responsibility of the Customer. Delivery charges as well. All orders, whatever their origin, are payable in euros. The product will be invoiced on the basis of the price in force at the time of validation of the order and subject to availability.
Article 4: Ordering
The Customer must follow a series of steps specific to each Product offered by the Seller in order to place his order. However, the steps described below are systematic: – Information on the essential characteristics of the Product; – Choice of the Product, if necessary of its options and indication of the Customer’s essential data (identification, address, etc.); – Acceptance of these General Conditions of Sale. – Verification of the elements of the order and, if necessary, correction of errors. – Follow-up of instructions for payment, and payment of products. – Delivery of products. The Customer will then receive confirmation by e-mail of payment for the order, as well as an acknowledgment of receipt of the order confirming it. For the products delivered, this delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, and in accordance with article 1316-1 of the Civil Code, the Customer undertakes to provide his true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the website of the company. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honour the Customer’s order within the limit of available Product stocks only. Otherwise, the Seller informs the Customer.
In accordance with French law, these informations are the subject of a summary and confirmation during the validation of the order.
The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the Company’s website, as well as the minimum duration of the contracts offered when they relate to a continuous or periodic supply of products or services. Except for special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address provided). In accordance with the legal provisions regarding compliance and latent defects, the Seller refunds or exchanges defective products or products that do not correspond to the order. All complaints, requests for exchange or refund must be made by email within 30 days of delivery.
The products must be returned in the state in which the buyer received them with all the elements (accessories, packaging, instructions, etc.). Shipping costs will be reimbursed on the basis of the invoiced price and return costs are the responsibility of the buyer.
Article 6: Property clause
The products remain the property of the Company until full payment.
Article 7: Delivery
The products ordered are sent to the delivery address indicated by the Buyer when placing the order. For security reasons imposed by Paypal, this delivery address must be the same as that communicated to Paypal during payment. All deliveries are announced by email. The maximum delivery time is forty days from receipt of full payment for the order. The Seller reminds that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer’s responsibility to notify the carrier of any reservations about the product delivered.
Article 8: Withdrawal period
Stock products: In case of purchasing a product described as “In Stock” at the moment of the order, the Purchaser has a cooling-off period of 7 days, starting form the product receipt, to exercise his retraction right without having to justify any cause or to pay any penalty, except return expenses. The product must be returned in perfect condition and in its original packaging. If the cool-off period expires during a saturday, a sunday or a public holiday, it will be extended to the next working day. Pre-orders: According to Consumer Code, products that are manufactured on client’s demand are excluded from the retractation right. Orders made within the context of a “pre-order” can’t therefore be subject to retraction by the Purchaser. Still, the Purchaser is free to cancel his order within 7 days starting from the end of the pre-order period. In case of exercise of Purchaser’s retraction right, the Company will refund him the total price of the order within the 30 days following the cancellation, except the possible fund transfer fees which remain in charge of the Purchaser.
Article 9: Warranties
The Company answers for any conformity fault existing when product is delivered. The Company also answers for conformity faults that should result from the packaging. The action resulting from the conformity fault is prescripted from one year after the product’s delivery. Those measures are not exclusive of the retraction right as defined in article 8. Are excluded from this guarantee the products which are modified, repaired, integrated or added by the Purchaser or any other person which isn’t authorised by the product’s provider. The guarantee will not apply to visible vices. The guarantee will not apply to products damaged during transportation or resulting from misuse. The Company reminds the Purchaser that the products sold on the Website www.sylgautier.art, which are decoration and collection items, are not to be considered as toys and are not destined to be used by children or minors. The Company’s responsibility will not be engaged in case of misuse of the product by a minor. The Company’s responsibility will not be engaged in case of breach of its contractual obligations caused by a fortuitous case or a case of force majeure, as defined in legal precedents.
Article 10: Complaints
If necessary, the Buyer may submit any complaint by contacting the company by email.
Article 11: Force majeure
The performance of the seller’s obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 12: Personal data
The Seller undertakes to respect the confidentiality of the personal data communicated by the Buyer on the site and to process them in compliance with the Data Protection Act of January 6, 1978. In accordance with the Data Protection Act of January 6, 1978, the Buyer may exercise his right of access to the file, his right of opposition and his right of rectification or deletion for information concerning him by sending his request by e-mail. at firstname.lastname@example.org or by post at Sylvain GAUTIER E.I., 35 rue des Champs Elysées, 31500 Toulouse, France.
Article 13: Intellectual Property
All the iconographic and textual elements of the site are protected by copyright, and are the exclusive property of the Company. The products sold on the Site are the intellectual property of the Company. Any reproduction or exploitation, in whole or in part, of the elements of the Site or the products sold on the Site for commercial or advertising purposes and by any process whatsoever, without express authorization, is prohibited and would constitute a criminal offence of counterfeiting punishable by articles L.335-2 and following of the Intellectual Property Code.
Article 14: Applicable law and competent jurisdiction
These general conditions of sale are executed and interpreted in accordance with French law. In the event of a dispute, the Buyer undertakes to contact the Seller first in order to attempt to resolve amicably any dispute that may arise between the parties. In the absence of conciliation, the French courts will have sole jurisdiction.