General Terms and Conditions of Sale
Last updated on the 31/05/2023
These General Terms and Conditions of Sale apply to all sales concluded on the website chateau-la-clyde.fr subject to the specific conditions indicated in the product presentation.
1. Article - Scope of application
These General Terms and Conditions of Sale ("GTCS") apply, without restriction or reservation, to all sales made by the Seller to non-professional buyers ("the Customer") who wish to purchase the products offered for sale ("the Products") by the Seller on the www.chateau-la-clyde.fr website. The Products offered for sale on the site are as follows:
The main characteristics of the Products, and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the www.chateau-la-clyde.fr website, which the customer is bound to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified when the order is placed.
These GTCS are available at all times on the www.chateau-la-clyde.fr website and shall prevail over any other document.
The Customer declares that he/she has read these GTCS and accepted them by ticking the appropriate box before placing an order online at www.chateau-la-clyde.fr.
In the absence of proof to the contrary, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
Les coordonnées du Vendeur sont les suivantes :
CHÂTEAU LA CLYDE, EI
Registration Number: SIRET number 342 093 325 00021
55 PLACE MIATTE 33550 TABANAC
Email address: firstname.lastname@example.org
Phone: 06 14 27 66 83
Intracommunity VAT number: FR 05 342093325
Article 2 - Prices
The Products are supplied at the current prices shown on the www.chateau-la-clyde.fr website when the order is registered by the Seller.
Prices are given in Euros, excluding VAT and including VAT.
Prices take into account any discounts granted by the Seller on the www.chateau-la-clyde.fr website.
These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify the prices at any time outside the period of validity.
Prices do not include processing, dispatch, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.
Article 3 - Orders
It is the Customer's responsibility to select the Products they wish to order on the www.chateau-la-clyde.fr website.
Product offers are valid for as long as they are visible on the site, while stocks last.
The sale will only be considered valid once the price has been paid in full. It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.
Any order placed on the www.chateau-la-clyde.fr website constitutes the formation of a distance contract between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
Customers can track the progress of their order on the site.
Article 4 - Terms of payment
The price is paid by secure payment as follows:
• payment by credit card
• or payment by bank transfer to the Seller's bank account (details of which are given to the Customer when the order is placed).
The price is payable in full by the Customer on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the www.chateau-la-clyde.fr website.
Payments made by the Customer will not be considered final until the Seller has actually received the sums due.
The Seller shall not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the Seller the price in full in accordance with the conditions set out above.
Article 5 - Deliveries
The Products ordered by the Customer will be delivered in mainland France.
Deliveries are made within a period of time depending on the carrier to the address indicated by the Customer when ordering on the site.
Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered in a single shipment.
The Seller undertakes to use its best endeavours to deliver the Products ordered by the Customer within the time limits specified above.
If the Products ordered have not been delivered within 15 days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him/her at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
Deliveries are made by an independent carrier to the address given by the Customer when the order is placed and to which the carrier has easy access.
Where the Customer has itself engaged a carrier of its own choosing, delivery is deemed to have taken place as soon as the Products ordered have been handed over by the Seller to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse against the Seller in the event of failure to deliver the goods transported.
Delivery times are dependent on the carrier, who must be notified of any problems upon receipt of the boxes.
The Customer is responsible for checking the condition of the Products delivered. The Customer has a maximum period of 8 days from the date of delivery in which to make a complaint in writing, accompanied by all relevant supporting documents (in particular photographs). Once this period has elapsed and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect and no complaint will be validly accepted by the Seller.
The Seller will refund or replace, as soon as possible and at its own expense, the Products delivered for which the Customer has duly proved the lack of conformity or the apparent or hidden defects, under the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these GTCS.
The transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk, except where the Customer has chosen the carrier. In this case, the risks are transferred when the goods are handed over to the carrier.
Article 6 - Transfer of ownership
The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the said Products.
Article 7 - Right of withdrawal
In the case of contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first goods."
The right of withdrawal may be exercised online, using the withdrawal form attached hereto and also available on the site, or by any other unambiguous statement expressing the wish to withdraw, and in particular by post addressed to the Seller at the postal or e-mail address indicated in ARTICLE 1 of the GTCS.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products will not be taken back.
The cost of returning the goods shall be borne by the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.
Article 8 - Seller's liability - Warranties
• the legal guarantee of conformity, for defective, damaged Products or Products that do not correspond to the order,
• the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
Provisions relating to legal warranties
Article L217-4 of the French Consumer Code
"The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility.
Article L217-5 of the French Consumer Code
"The goods conform to the contract:
1° If it is fit for the use ordinarily expected of similar goods and, if applicable:
– if it matches the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect, in regards to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L217-12 of the French Consumer Code
"Any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods.
Article 1641 of the French Civil Code.
"The seller is liable for any hidden defects in the goods sold that render them unfit for their intended use, or that impair that use to such an extent that the buyer would not have purchased them, or would have paid a lower price for them, had he or she been aware of them.
Article 1648 paragraph 1 of the Civil Code
"Any action arising from redhibitory defects must be brought by the buyer within two years of discovery of the defect.
Article L217-16 of the French Consumer Code
"When the buyer asks the seller, during the period of the commercial warranty granted to him at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilisation of at least seven days is added to the duration of the warranty which remained to run. This period runs from the date of the buyer's request for service or from the date the item in question is made available for repair, if it is made available after the request for service.
In order to assert its rights, the Customer must inform the Seller in writing (e-mail or letter) of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.
The Seller will reimburse, replace or have repaired the Products or parts under warranty that are deemed to be non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.
Refunds, replacements or repairs of Products deemed to be non-conforming or defective will be made as soon as possible and at the latest within 30 days of the Seller's finding of the non-conformity or hidden defect. This refund may be made by bank transfer or by cheque.
The Seller cannot be held liable in the following cases:
• non-compliance with the legislation of the country to which the products are delivered, which it is the Customer's responsibility to check,
• in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
• The photographs and graphics presented on the site are not contractual and the Seller cannot be held responsible accordingly.
The Vendor's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
Article 9 - Personal Data
The Customer is hereby informed that the collection of his/her personal data is necessary for the sale of Products by the Seller and for the transmission of such data to third parties for the purpose of delivering Products. This personal data is collected solely for the performance of the sales contract.
9.1 Collection of personal data
The following personal data are collected on the www.chateau-la-clyde.fr website:
When Products are ordered by the Customer:
Full name, postal address, phone number and e-mail address.
As part of the payment process for Products offered on the www.chateau-la-clyde.fr site, the site records financial data relating to the Customer/User's bank account or credit card.
9.2 Recipients of personal data
Personal data is used by the Seller and its co-contractors for the performance of the contract and to ensure the efficient sale and delivery of the Products.
The category of co-contractors is:
• Transport service providers
9.3 Data Officer
The Data Officer is the Seller, within the meaning of the French Data Protection Act and, from May 25, 2018, of Regulation 2016/679 on the protection of personal data.
9.4 Limitation of processing
Unless the Customer expressly agrees, his or her personal data will not be used for advertising or marketing purposes.
9.5 Data retention period
The Seller will keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.
9.6 Security and privacy
The Seller implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Enforcement of Customer and User rights
Pursuant to the regulations applicable to personal data, Customers and Users of the www.chateau-la-clyde.fr website have the following rights:
• They can update or delete any data refering to them in the following ways:
- They may delete their account by writing to the e-mail address indicated in article 9.3 "Data Officer".
• They may exercise their right of access to any personal data concerning them by writing to the address indicated in article 9.3 "Data Officer".
- If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 "Data Officer".
• They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 "Data Officer".
• They may also request the portability of data held by the Seller to another service provider.
• Finally, they may object to the processing of their data by the Seller.
These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Officer whose contact details are given above.
The Data Officer must respond within a maximum of one month.
If the Customer's request is refused, reasons must be given.
The Customer is informed that in the event of refusal, he or she may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box by which they agree to receive informative and advertising e-mails from the Seller. They may withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
Article 10 - Intellectual Property
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
Article 11 - Applicable law - Language
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
Article 12 - Disputes
For any complaint, please contact the customer service department at the Seller's postal or e-mail address indicated in ARTICLE 1 of these GTCS.
The Customer is hereby informed that, in the event of a dispute, he/she may in any event have recourse to conventional mediation, with the existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example).
In this case, the appointed mediator is
In the event of a dispute, jurisdiction is strictly reserved to the Bordeaux court.
Customers are also informed that they may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising from the purchase and sale transactions concluded in application of these GTCS and which have not been settled amicably between the Seller or by mediation, will be submitted to the competent courts under the conditions of common law.
Created on https://www.legalplace.fr
13. APPENDIX I
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.chateau-la-clyde.fr, except in the case of exclusions or limits to the exercise of the right of withdrawal under the applicable General Terms and Conditions of Sale.
To the attention of CHATEAU LA CLYDE, EI
55 PLACE MIATTE 33550 TABANAC
I hereby give notice of withdrawal from the contract for the following goods:
– Ordered on (insert date)
– Order Number: …………………………………………………..
– Customer Name: …………………………………………………………………
– Customer Address: ……………………………………………………………..
Customer's Signature (only if this form is sent on paper)
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