Terms of Sales
Atelier Polyhedre EI
16 rue de coulmiers 44000 Nantes
SIRET 45351309500019
represented by M Baptiste Ymonet EI
the ‘Seller’
and
The natural or legal person purchasing products or services from the Company, hereinafter, “the Buyer”, or “the Customer”.
Alone or separately, hereinafter referred to as ‘the Party’ or ‘the Parties’.
Article 1: object
These General 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 Conditions of Sale apply to all sales of Products, made through the seller’s website, 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 Site. The applicable T&Cs are those in force on the date of payment of the Order. These T&Cs can be viewed on the Site. The seller also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click at the time of payment. 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 seller constitutes proof of all transactions.
Article 3: Price
The prices of the products sold on the Site are indicated in Euros all taxes included and precisely determined on the Product description pages. They are also indicated in Euros on the Product order page, and excluding specific shipping costs. The delivery costs remain in any case the responsibility of the Buyer. For all Products shipped outside the European Union and/or DOM-TOM, the price is calculated automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the Buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the Buyer to find out about these aspects from the corresponding local authorities. The seller reserves the right to modify its prices at any time. Delivery costs are payable by the Customer, unless otherwise stated when placing the Order.
Article 4: Conclusion of the online contract
The Customer must follow a series of specific steps for each Product offered by the Seller in order to complete 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 its true identification elements. Furthermore, the Seller reserves the right to refuse the Order, for example for any request that appears to be abnormal or made in bad faith.
Article 5: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the Buyer on the Site. 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 honor the Customer’s Order within the limit of the stocks of Products available only. Otherwise, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they 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, are presented for information purposes and cannot engage the Seller’s liability. The period of validity of the offer of the Products as well as their prices are specified on the Seller’s Site. Unless otherwise specified, 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 in terms of conformity and hidden defects, the Seller may refund or exchange defective products or products that do not correspond to the order.
Article 6: Delivery
All the Products offered by the Seller on the Site are only deliverable in certain countries of the world, certain Products are specified not to be delivered outside the European Union, in particular due to their weight or volume. This information is indicated on the Site at the time of the Order. The Seller provides a telephone contact point indicated in the order confirmation email in order to follow up on the order.
The delivery times indicated on the Site are indicative times, corresponding to the average processing and delivery times observed.
The Seller recalls 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 delivered product. The Company cannot be held responsible for the consequences due to a delay in delivery.
Article 7: Availability
Orders will be processed within the limits of available stocks. In the event of unavailability of a Product for a period of more than 14 working days, the Customer will be immediately notified of the foreseeable restocking times and the order for this item may be canceled on simple request. The Customer may then request a credit note for the amount of the item or its refund.
In addition, it is recalled that the Products offered by the Seller are handmade and of artisanal origin. The choice of the number of rooms available may therefore be determined on a case-by-case basis.
Article 8: Payment
Payment is due immediately upon ordering, including for pre-ordered Products. The Customer can make payment by credit card, bank transfer or check. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by the payment provider Paypal. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately resolved as of right and the order cancelled.
Article 9: Withdrawal
In accordance with Article L. 121-20 of the Consumer Code, ‘the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception , where applicable, return costs”. ‘The period mentioned in the preceding paragraph runs from receipt for the goods or acceptance of the offer for the provision of services’, provided that the Product has not suffered any damage and is in its original packaging.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the shipping costs will be reimbursed, the return costs remain the responsibility of the Customer. Returns of Products must be made in their original and complete condition (packaging, accessories, instructions, etc.) so that they can be re-marketed in new condition; Also cannot be taken back, packages for which no attached element allows the sender to be identified (order number, email, surname, first name, address). The right of withdrawal is also exercised from the order and before the logistical processing of the package. In this case, the order is simply cancelled.
Reimbursement to the Customer will be made by bank transfer within 14 days of receipt of the goods in application of the exercise of the right of withdrawal.
Article 10: Complaints
the Buyer may submit any complaint, within 30 days of the Order, by contacting the seller by mail addressed to Atelier Polyhedre, 2 Bd Jean Moulin, 44100 Nantes, or by email to contact@polyhedre.com.
The Seller undertakes to provide a response within 14 days of receipt of the complaint.
Article 11: Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is made through these T&Cs. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited without the Seller’s written agreement. Any simple or hypertext link is strictly prohibited without the express written consent of the Seller. All the texts and images presented on the Seller’s site are reserved, for the whole world, under copyright and intellectual property rights; their reproduction, even partial, is strictly prohibited.
Article 12 : 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 13: Nullity
If one of the stipulations of this Contract were cancelled, this nullity would not result in the nullity of the other stipulations which will remain in force between the Parties.
Article 14: Protection of personal data
In accordance with the Data Protection Act of January 6, 1978, the Customer has the rights to query, access, modify, oppose and rectify personal data concerning him. By adhering to these T&Cs, the Customer consents to the Seller collecting and using his data for the performance of this Contract. By entering his email address on the Site, the Customer will receive emails containing information and promotional offers concerning products published by the Seller. The Customer may unsubscribe at any time. All he has to do is click on the link at the end of the Seller’s emails or contact the Company at contact@polyhedre.com.
Article 15: Applicable law in the event of disputes
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations referred to therein carried out through the Site, will be subject to French law.