Terms and Conditions of Sale

PREAMBLE

The website www.lesartisansducouteau.com (hereafter known as the Website) is exploited by LADC, SASU whose head office is situated 13 bis pavé du Bas Chemin – 59910 BONDUES (France) and which is registered at Lille Trade and Companies Register under the number – pending on 04/07/21.

To contact the after-sales service: FRANCE: 03.20.76.67.67 (local call rate), or from abroad to France (+33) 320766767, or by email: contact@lesartisansducouteau.com.

The hereby Terms and Conditions of Sale apply to all the orders placed with the company LADC for all the products and services available on the Website by a non-commercial natural person (hereafter known as the Customer(s)). Consequently, the fact of ordering a product sold on the Website (hereafter known as the Product) retains full agreement to the hereby Terms and Conditions of Sale which Customers acknowledge they have read carefully before placing their Order.

BEE DESIGN reserves the right to modify the hereby Terms and Conditions of Sale anytime. Nevertheless, the Terms and Conditions of Sale which apply to the Order placed by Customers are those on which the Customer agreed when they placed the Order.

Article 1: Object

The aim of the hereby Terms and Conditions of Sale is to define the rights and obligations of the Parties as part of the online sale of the goods and services offered by the company BEE DESIGN to the Customer, from Order to delivery, by way of the payment and use of the services LADC provides the Customer with.

The Terms and Conditions of Sale express the entirety of the Parties’ obligations. To that end, the Customer is supposed to agree on the totality of the provisions provided by these Terms and Conditions of Sale. LADC commits to stand by its commitments as a seller, as part of the said Terms and Conditions.

Article 2: Field of application

The hereby Terms and Conditions of Sale determine the sales of Products on the day when the Order is placed by the Customer. They apply to all the order placement methods provided by LADC.

They can directly be read on the Website. They can also be sent by email to Customers on simple request.

Article 3: Order

Capacity to contract

Customers declare they have the capacity to contract to the terms and conditions described below, that is to say to be emancipated minors or legally adults and not to be protected according to article 488 of the Civil Code.

LADC reserves the right to refuse any Order from a Customer with which a dispute, particularly related to payment, would occur before or during the Order’s processing.

Account creation

To order Products on the Website, the Customer must create an account and enter the required information in the subscription form.

To that end, Customers declare that they provide complete and accurate personal information so as to allow their precise identification in any situation. Any fanciful or slanderous personal information is likely to lead to the deletion of the Customer’s account and the cancellation of the Order. When they create their account, Customers choose a username and a password. Customers commit to keeping their username and password confidential.

Customers can access their account anytime thanks to their login details.

Customers are responsible for all the actions they carry out on the Website with their username and password.

Customers must verify the exhaustiveness and conformity of the information they provide LADC with. The latter cannot be held responsible for possible entry errors and the resulting consequences in terms of delay or delivery problem.

Order placement

Customers can place an Order directly from the Website, 24/7.

Once the content of their cart has been validated, Customers must:

- Complete all the required information, including those related to the content and payment methods;

- Declare, before proceeding to secured payment, that they unconditionally agree with all the Terms and Conditions of Sale by ticking “I agree with the Terms and Conditions of Sale”: with this action, Customers acknowledge they have read and understood the hereby Terms and Conditions before agreeing;

This agreement is irrevocable and cannot be questioned, except in cases imitatively provided by the hereby Terms and Conditions of Sale in the “Right of withdrawal” section.

After the transmission or modification of this information, and provided they have expressly agreed on the Terms and Conditions of Sale, Customers shall complete their Order by clicking the button “Confirm the order with obligation to pay”.

The Validation of the Order can be considered as agreement on the prices and characteristics of the Products purchased by the Customers. Once they have selected the payment method, Customers must proceed to the payment of their Order via the secured interface, which shall formalize both firmly and definitively the sales contract which binds them to LADC.

In any case, the provision of their credit card number online and the final validation of their Order by the Customers shall be considered as proof that both the Order and payment for the selected Products are due. This validation can be considered as signature and agreement on all the operations carried out on the Website.

Order confirmation

Once the Order has been validated and paid by the Customers, an email is automatically sent to them to the email address they previously entered, so as to confirm the Order and recapitulate its content (seller’s identity and full personal details, Terms and Conditions of Sale, price confirmation, description of the essential characteristics of the Product, delivery costs, selected payment method, delivery date/time, information related the right of withdrawal…).

Order follow-up

Customers can check the status of their Order anytime in the “My Account” section of the Website. Thanks to this follow-up, Customers can know the processing status of their Order, but also the shipping or delivery status of their parcels. This delivery follow-up is implemented on an interface with the Internet monitoring devices of the transporters. LADC shall therefore not be held responsible for unavailability or mistakes possibly to affect the information provided by its transporters. LADC nevertheless commits to making this information as clear as possible and to improving the shipping reliability of its transporters. Customers can contact LADC’s after-sales service anytime so as to be informed of their order’s status.

Proof of order

Computerized registers, saved on LADC’s IT systems in accordance with security standards, shall be considered as proofs of the communications, orders and payments between the Parties.

Archiving of order forms and invoices is made on reliable and sustainable support, which can be issued as proof.

Article 4: Information about the Products

Characteristics of the Products

The information, characteristics, photographs and graphics presented on the Website or in the emails sent by LADC are given for information purposes only, and are for the most part given by the suppliers. More precisely, LADC cannot be held responsible for the perception difference in terms of shapes and colours between the displayed photographs and graphics and the Products. LACD shall do its best to make the photographic representation of the Products displayed on the Website as accurate as possible. It is nevertheless possible that the perception of the Product(s) does not totally correspond to the Products. The Products are sometimes represented with other Products on the photographs. The description shall mention what is a part of the Product and what is not.

Availability of the Products

LADC only commits to fulfilling the received Orders while its stocks, or those of the suppliers, last. If the Product(s) is/are not available, LADC commits to informing the Customers about it as soon as possible. LADC reserves the right to modify the Products’ selection, especially according to the obligations imposed by the suppliers.

Availability can vary during a same day depending on the sales rate. LADC very frequently updates availabilities, but cannot be held responsible if stocks are different from those announced beforehand. More accurate information can be given to Customers by phone or email.

The shipping times mentioned in the product information sheets are given on an indicative basis when the Product(s) are not available in LADC’s stocks. They are therefore likely to undergo variations, of which Customers shall be informed by LADC as part of their Order follow-up in case of slight delay, or by email in case of a longer delay. Assuming that the Product ordered by the Customers is unavailable, especially if production or distribution is at a standstill at a supplier’s, LADC commits to informing Customers, if necessary, about the new deadline within which the Product in question shall be available again and to suggesting them an equivalent Product, if there is any.

If Customers refuse to wait for the Product to be available again, or if they refuse an equivalent Product, Customers shall repay for the Product’s price if their bank account has been debited, within 14 days following the date upon which this refusal has been confirmed.

LADC cannot be held responsible for the non-implementation of the signed agreement if the Product is out of stock or unavailable, in case of force majeure, partial or general strike, especially involving postal services and means of transport and/or communication, flood or fire.

Prices of the Products

Prices are given in Euros including all taxes and can only be applied on the date upon which the Order is validated by Customers.

The prices of LADC’s suppliers fluctuating constantly, the prices displayed on the Website are likely to be modified anytime.

Prices do not take delivery costs into account, nor gift wrap costs, possible special offers and personal discounts, indicated before the final validation of the Order.

Prices include the French VAT in effect on the day upon which the Order is placed, and any change in the VAT legal rate shall automatically impact the price of the Products displayed on the Website, on the date stipulated by the implemented decree. However, prices cannot be modified once Customers have placed their Order. Likewise, if one or several taxes or contributions, especially environmental-related ones, happened to be created or modified, upwards or downwards, this change can impact the sales price of the items sold on the Website.

Orders to countries outside the European Union are not subject to the French VAT. The Prices mentioned on the Website for Orders exclude all taxes. Customers commit to paying, directly to the forwarder or transporter, for duty, VAT or other due taxes related to the importation of the Products to the delivery country, or to having them paid if necessary.

Article 5: Payment

The payment for the total price of the Products (including delivery costs) is due as soon as the Order is placed and shall be made using the payment methods provided by the Website. No discount can be applied.

Customers guarantee LADC that they have the authorizations required to use the payment method they prefer, when they validate the order form.

The debit of the purchase on the Customer’s account occurs when the Order is processed.

In a general way, Customers, when they place their Order, guarantee LADC that they are fully authorized to use the method provided for the payment of their Order.

Payment methods

Customers can pay for their Order by credit card, PayPal, check or bank transfer:

CREDIT CARD (Carte Bleue, Visa, Eurocard-MasterCard, American Express, Bancontact and E-credit card) or via PayPal:

LADC implements all the necessary methods to guarantee the security and confidentiality of the data collected online. All your payments by credit card or PayPal are made via the secured server of the online payment method or via the secured payment platform SYSTEMPAY (NATIXIS) PCI-DSS and 3D-Secure certified. This method allows the encryption of your bank details when they are transmitted to the network. An encrypted connection is directly made between the Customers and their bank, without any bank information going through the Website, which guarantees the full confidentiality of the transaction. Consequently, your bank details shall be required each time you order. LADC reserves the right to suspend any order management and any delivery if payment authorization by credit card is rejected by the officially accredited organisms or in case of non-payment. LADC especially reserves the right to refuse to deliver or fulfil an Order placed by a Customer whose previous order has not totally or only partially been paid, or if a payment dispute related to a previous order is outstanding.

As part of an order verification procedure, whose aim is to make sure that nobody uses the bank details of somebody else without the latter’s knowledge, Customers can be asked to send, by fax or email to LADC, a copy of an ID, as well as a proof of address. The Order shall only be validated after our services have received and verified those proofs. In the absence of reception of these proofs within a 15-day period following the order placement, the Order shall be considered as rightfully cancelled.

PAYPAL:

Anywhere in the world, PayPal allows you to pay for your Order safely, using the currency you prefer. This currency shall be automatically selected depending on the country in question.

PAYPAL 4x interest-free instalments:

Paypal proposes you to pay in 4x interest-free instalments

Payment in 3 or 4 interest-free instalments: SYSTEM PAY BPN FREE CREDIT PAYMENT OPTION. Free credit without any fee refundable in 3 or 4 instalments provided by BPN FINANCEMENT. The amount of the authorized free credit varies between €250 and €3,000.

INVOICE: The order form filled in by the Customer online, or the order confirmation from LADC sent by email to the Customer, does not act as an invoice. The original invoice is available on the Customers’ online account. The invoice is not included in the parcel. LADC keeps an electronic copy of each invoice. If the Order is delivered to a different address from the billing address, the invoice is in any case available on the Customers’ account only, in the Order follow-up section.

Transfer of ownership

LADC remains the owner of the delivered Products until the definitive and full payment of their Price by the Customer. The aforementioned provisions do not represent any obstacle to the transfer to the Customer, as soon as the Products are received, of the risks related to the loss or deterioration of the Products subject to retention of ownership, as well as the damage they could cause.

Article 6: Delivery

The Products are delivered to the address mentioned by the Customer on the Order form. Customers must check the exhaustiveness and conformity of the information they provide LADC with. In case of possible entry mistakes leading to consequences in terms of delay or delivery problems, Customers shall pay all the fees related to the reshipping of the Order.

LADC shall not be held responsible for delivery delays due to mistakes or disruptions attributable to transporters (especially in case of partial or general strike, particularly involving postal services and means of transport and/or communication).

Delivery areas

The geographical delivery area of LADC’s products is the following: France and Overseas Departments and Territories: Corsica, Guadeloupe, Guyana, Martinique, Reunion Island, Monaco, New Caledonia, French Polynesia, Saint Barthélemy, Saint Martin. Customers can contact LADC’s aftersales service for more information about delivery conditions to a specific country in the world. Please notice that orders sent to countries located out of the European Union are not subject to the French VAT. However, they are subject to the possible taxes and customs duty applicable in the destination country. These costs and inherent formalities are to be paid by the Customer/recipient. They are to be paid directly to the transporter on delivery. Customers are also responsible for the verification of the importation possibilities of the ordered Products, in accordance with the law applicable in the delivery country. We recommend Customers to contact the customs house for more information.

Delivery costs

Delivery costs are calculated depending on the delivery country when the Order is placed in the cart, and are definitely confirmed according to the chosen mean of transport and delivery destination, before the definitive validation of the Order.

Delivery costs are free for purchases of €80 minimum for Metropolitan France, and a maximum weight of 3 kg. Beyond this limit, shipping shall be charged. For other countries, costs are different and depend on the area and the distance from France.

Delivery times

Delivery time shall be communicated to the Customer as part of the Order placement procedure, before both validation and payment.

LADC informs its Customers that these delivery costs do not include Saturdays, Sundays and bank holidays.

If the delivery time cannot be observed, a new one shall therefore be communicated to Customers, depending on the information known by LADC.

In that case, Customers shall be allowed to cancel their Order, to get a credit or to be repaid.

In any case, the maximum delivery time is thirty (30) working days from the date upon which the Order is placed, except particularities communicated to the Customer before the Order placement.

If an Order includes Products to be delivered on different dates:

Customers can choose to receive their Products separately, depending on the dates mentioned on each product information sheet, by contacting LADC’s aftersales service: this option is nevertheless likely to lead to a more important contribution to delivery costs from Customers, who shall be informed about it by the aftersales service;
In the absence of option, Customers shall receive their Order in only one parcel, according to the latest delivery time.

An email is automatically sent to the Customer as soon as the Products are shipped.

Means of delivery in Metropolitan France

Pickup point Delivery (usually within 48h). Thanks to this mean of delivery, the parcel is delivered to the Pickup point which is situated the closest to the Customer’s address, within 24h to 72h from Tuesday to Saturday, excluding bank holidays. The Order must be placed from Monday to Friday before 11 am, for parcels to be delivered as soon as the following day in the afternoon (except on bank holidays). Orders placed from Friday afternoon to Sunday included, shall be delivered from Tuesday afternoon. Customers are informed by email as soon as the parcel arrives at the chosen Pickup point. The parcel remains available for 10 working days and 14 calendar days. Beyond that deadline, the parcel shall be sent back to LADC’s warehouses.
Colissimo Standard Delivery (usually within 48h). This mean of delivery allows Customers to receive their parcel within 48 hours from the shipping date, thanks to La Poste and the Expert or Profil Colissimo service (excluding order processing and preparation time, which can last 1 to 2 days). Deliveries occur from Monday to Saturday morning, except on bank holidays. The costs related to this option depend on the total weight and volume of the ordered items. La Poste is in charge of the parcel, which is then signed for upon receipt, at the delivery address communicated by the Customer. In case of absence on the delivery day, a delivery notice is left at the delivery address given by Customers, thanks to which the latter can collect their parcel at the closest post office. Parcels are held for pickup at the post office for 15 calendar days. If the parcel is not collected within the pickup times allowed by the transporter, the Products shall be returned to LADC, which reserves the right to repay for their price, shipping costs remaining to be paid by the Customer.
Chronopost Express Delivery (usually within 24h). This mean of delivery allows Customers to collect their parcel within 24 hours from the shipping date, thanks to Chronopost (excluding order processing and preparation time, which can last 1 to 2 days). Deliveries occur from Monday to Friday, excluding bank holidays. The costs related to this option depend on the total weight and volume of the ordered items. Chronopost is in charge of the parcel, which is then signed for upon receipt, at the delivery address communicated by Customers. The latter must make sure, when they order their products, that they give proper information about the access conditions of the delivery location (code, building, floor, door…), as well as the phone number to which they can be easily reached. In case of absence on the delivery day, a delivery notice is left at the delivery address given by Customers, thanks to which the latter can collect their parcel at the address, and according to the conditions mentioned by the transporter. Parcels are held for pickup at the post office for 15 calendar days. If the parcel is not collected within the pickup times allowed by the transporter, the Products shall be returned to LADC, which reserves the right to repay for their price, shipping costs remaining to be paid by the Customer.

Means of delivery out of Metropolitan France

In Europe or abroad, delivery is handled by various transporters: Colissimo, Chronopost, UPS (USA-Asia-Australia zone)... Costs depend on the destination country, and on the total weight and volume of the selected items. Delivery costs and times are communicated to Customers before the definitive validation of their Order.

Packaging

Products are packed in order to comply with the applicable transportation requirements and to guarantee the Products’ optimal protection as part of their delivery. Customers are required to comply with the same requirements when they return a Product, whether it is as part of the aftersales service or for their convenience. If the Product is returned and we assess that it is damaged due to poor-quality packaging, LADC can decide to repay for the Product only partially or to refuse to repay for it if the Product cannot be resold as it is.

Gift wrapping

LADC offers its Customers with a giftwrapping service for non-voluminous objects, such as knives and small decoration objects. Voluminous or bulky objects are not included in this service. A fixed contribution is required as part of the gift wrapping service, and the amount is clearly mentioned in the cart recap.

Effect of the delivery

The transfer of the risks occurs on delivery, when the Customer physically takes possession of the Products at the delivery address mentioned by the Customer, or with the Transporter. The collection of the Product is validated by a monitoring and traceability system used by the Transporter.

If, on delivery, the outward aspect of the parcel is not perfect, the Customer or recipient of the Products shall open the parcel in presence of the transporter so as to check the condition of the Products. In case of damage due to transportation, the Customer must reject the damaged Products and write the mention “Rejected due to damage” on the return form.

Without prejudice to the guarantees from which the Customer benefits, for any claim related to a visible defect or the deterioration of the Product on delivery, the Customer must, as soon as possible, contact the aftersales service in order to, on the one hand, preserve LADC’s rights related to the transporter, and on the other hand, in the event that the Product is still in the Customer’s possession, initiate the return procedure.

In the absence of reserve, the Product is considered as accepted by the Customer and shall not be subject to any contestation regarding its delivery. The Customer must inform LADC by email as soon as possible, for the latter to take the necessary measures as soon as possible.

If the parcel is rejected or returned due to the deterioration of the Product related to transportation, Customers can demand a new delivery or the cancelation of their Order.

Delivery delays attributable to the transporter

In case of delivery delays compared to the delivery times announced by the transporter, Customers must contact the transporter or their post office in priority, to verify that the parcel is not pending. If necessary, Customers can call or send an email to LADC’s aftersales service to file for litigation or open a formal investigation, so as to look for the parcel.

Sometimes, transporters loose parcels. The delivery times set by the transporters imply that Customers must declare the loss of the parcel within a 10-day period following the reception of the shipping notice from LADC. In these conditions, LADC takes on the implementation of the necessary claims with the involved transporter. Once the claim has been filed and the investigation has been opened, a 3-to-4-week period can be necessary to get an answer from the transporter.

If the parcel is found, the latter shall be immediately sent to the Customer’s address. If the parcel cannot be found, the Customer can then ask LADC to send the same Product to them (within the availability times) to LADC’s expenses, or for the repayment of the amount they paid. If the ordered Product is no longer available at that time, LADC shall repay the amount of the Product concerned by the transporter’s loss.

Article 7: Right of withdrawal, return and exchange

Period of withdrawal

In accordance with Article L. 121-21 of the French Consumer code, Customers have a maximum of 14 days from the reception of the product to exercise their right of withdrawal without penalties, except those related to the return costs of the Products in question.

Return procedure

To exercise this right, Customers must proceed as follows:

either by logging in on LADC’s website, section “Manage my order” – My Account: just tick the Product and the quantities to return, and validate by clicking “Confirm your return request”. The Customers’ return request shall then be studied by LADC, which shall then send an email with the return number to mention on the parcel, as well as the address where the parcel must be returned to; either by contacting the aftersales service – via the contact form contact@lesartisansducouteau.com or by email or phone – which shall give them the instructions to follow;
either by any statement without any ambiguity, expressing their clear attention to withdraw, addressed to LADC, by mentioning their name, full contact details, the reception date of the Product(s), the reference of the order in question and the Product(s) for which the right of withdrawal is exercised (LADC recommends you, as a precaution, to address this statement by registered letter with acknowledgement of receipt).

Return of the Product

Customers must return the ordered Product within a maximum period of 14 days following the exercise of their right of withdrawal, to the following address:

LADC - Les Artisans du Couteau

13 bis pavé du bas chemin

59910 BONDUES

LADC recommends that Customers return their Products via registered letter, or use an additional insurance which guarantees, if necessary, the repayment of the Products up to their real market value, in case of damaged or lost merchandise.

Customers return their Products at their own risks. We recommend that they keep a proof of the return so as to facilitate procedures in case of problems occurring during the transportation.

In case of lack of conformity or hidden defects, the return fees related to the Products are to be paid by Customers.

The returned Products must be undamaged, in perfect resale condition, in their original package. They must not have been used or damaged, even slightly, and must be as clean as possible. Any damaged or incomplete (missing accessory, instructions…) Product, or one whose original package has been damaged, shall not be repaid for nor exchanged.

Effects of the withdrawal

In case of withdrawal from your part of the hereby agreement, we shall repay you for all the payments you made to LADC, including delivery costs (except for additional fees due to the fact that you have, if necessary, chosen a different delivery method from the cheapest standard delivery method suggested by LADC), without excessive delay and, in any event, fourteen days maximum from the day upon which we were informed of your decision of withdrawal from the hereby agreement. We shall proceed to repayment by using the same payment method as the one you used for the initial transaction, except if you expressly agreed on a different method; in any case, until we actually receive the product or until you provide a proof that the product has been shipped, the selected date is that upon which the first of these facts occurred.

Exceptions to the right of withdrawal

The exercise of the right of withdrawal is excluded for agreements related to:

The provision of goods made according to the consumer’s specifications or customized with an engraving or logo;
The provision of goods likely to wear out or expire rapidly;
The provision of a newspaper, periodical or magazine, except for those related to the subscriptions to these publications;
The provision of goods which have been unsealed by the customer after delivery and which cannot be sent back for hygiene or health protection reasons.

Repayment period & terms and conditions

The repayment of the amounts paid by Customers (including single delivery costs) shall be made, at the latest, within 14 days from the reception day of the returned Product, and according to the payment method used when the Order was passed. However, LADC can opt for another payment method, after Customers expressly agreed with it beforehand, and without any additional fee. If Customers exercise their right of withdrawal, for a part of the Order only, only the price invoiced for the returned Product shall be repaid. In case of partial withdrawal of the Order, the Customers who would have benefitted, as part of the initial Order, from a free delivery due to the overcharging of a certain amount of order, could be asked to repay for the delivery costs related to their effective order, if the latter was under the minimum delivery rate. Customers shall be repaid for the return costs on the basis of the regular price, and shall in no way be repaid for the Express return cost.

Exception to the right of withdrawal

As an exception, the right of withdrawal cannot be exercised for Products made according to the Customers’ specifications, or those which are clearly customized (article L121-21-8 of the Consumer code). The Products excluded from the right of withdrawal (especially those subject to a customized engraving) are indicated as such to Customers, before the Order, in the product information sheets.

Article 8: Guarantees

The Customer benefits from the legal guarantee of conformity:

LADC, as a dealer, must deliver to the Customer a Product which is in compliance with the contract, and is responsible for any conformity defects related to delivery or packaging, assembly or installation instructions when installation has been placed or made under its responsibility by the contract (article L. 211-4 of the Consumer Code);
To be in compliance with the law, the Product must, in accordance with the provisions of article L. 211-5 of the Consumer Code: “1- fit for the usually expected purpose of a similar product and, if necessary: - correspond to the description given by the dealer and possess the qualities of the sample or model that the latter has presented to the buyer; - have the qualities legitimately to be expected by a buyer related to the public statements made by the dealer, manufacturer or the latter’s representative, especially through commercials or labelling; 2- or present the characteristics defined by the parties by mutual agreement, or fit any special purpose sought by the buyer, which the dealer is aware of and has agreed on.”
The Customer has a two-year period from the delivery date of the Product to act; if not, the Customer’s action shall expire (art. L. 211-12 of the Consumer Code);
The Customer is dispensed from presenting the proof of the conformity defect of the Product for a 6-month period following the latter’s delivery. This period has been extended to twenty-four months since 18th March 2016;

The Customer can choose between the reparation or the replacement of the good, except if this wish leads to an obviously disproportionate cost, given the Product’s value or the importance of the defect compared to the other condition (articles L. 211-9 and 10 of the Consumer Code; If neither the reparation nor the replacement of the Product is possible, the Customer shall return the Product and shall be repaid, or shall keep the Product and be partially repaid.

The legal guarantee of conformity applies independently from the Product’s possible commercial guarantee.

The Customer benefits from the legal guarantee of hidden defects:

LADC, as a dealer, must provide the guarantee related to the sold Product’s hidden defects, which make it unfitted for the purpose it is made for, or which limit so much that purpose that the buyer would not have bought it, or else at a lower price, had they been aware of these defects” (article 1641 of the Civil Code);
The Customer can then choose between the termination of the sale or a reduction in the sales price, in accordance with article 1644 of the Civil Code;
The Customer has a two-year period from the acknowledgement of the defect to act; if not, the Customer’s action shall expire (article 1648 of the Civil Code).

To benefit from the legal guarantee of conformity or the guarantee of hidden defects, the Customer must contact LADC’s aftersales service and agree on the return conditions of the Product in question.

Article 9: Liability

Compliance to the French standards

The sold Products comply with the French applicable law and standards. LADC cannot be held responsible in case of non-compliance with the law applicable in the country to which the Product is delivered. It is up to Customers to ask the local authorities about the possibilities of importation or use of the Products they want to order.

Use of the Products

Prior to any order and use of the Products, Customers must read all the information mentioned on the Website, related to the characteristics and components of the Products, so as to make sure that the latter are compatible with the way they want to use it for.

Customers commit to systematically observing the use advice given by the manufacturer and mentioned on the packaging and user instructions of the Products, prior to any use. For any additional information about the Products’ characteristics, LADC’s aftersales service is at the Customers’ disposal.

LADC’s liability is limited to the direct and predictable damage likely to result from the use of the Website and Products by the Customer. LADC cannot be held responsible for any damage resulting from a fault due to the Customer’s improper use of the Products.

Absence of liability due to defective Products

Customers are expressly informed that LADC is not the manufacturer of the Products displayed on the Website, in compliance with the legal dispositions related to liability due to defective Products (article 1386-1 and following of the Civil Code).

Consequently, in case of damage caused by a defective Product to a person or a good, only the manufacturer’s liability can be sought by the Customer, based on the information mentioned on the said Product’s packaging.

Use of the Website

The use of the Website implies that the Customer knows and agrees on the characteristics and limitations of the Internet and its related technologies, the absence of protection for some data against possible misappropriations or hacking and risks of infection by possible viruses circulating through the network.

LADC itself depending on the quality of the Internet network, it does not guarantee the continuous operation of the Website and does not provide any resolution of the problems occurring on the Internet network. Consequently, LADC cannot be considered as responsible for any unavailability of the Website or any connection problem or interruption (dysfunction of the servers, telephone line or any other technical connection) as part of the use of the Website or, more generally, for any disruptions occurring on the Internet network likely to affect the use of the Website.

Hyperlinks can redirect to other websites than the Website. LADC could not be held responsible if the content of these websites contravened the legal and applicable dispositions.

Article 11: Personal data protection

To process orders, LADC processes the Customer’s personal data identified as mandatory in the Website’s form.

LADC commits to respecting the confidentiality inherent to the personal data communicated by Customers on the Website, and to processing them in accordance with the Data Protection Act of January 6th 1978, as it was modified and is currently applicable.

The data base which has been created by LADC to that end was registered at the CNIL and was the subject of a commitment to conformity on the 16th of October 2009, in accordance with the provisions required by the Data Protection Act.

The Customer’s personal data are collected and processed by LADC as part of Order processing.

Depending on the choices made as part of the creation or visit to their accounts on the Website, Customers shall choose whether they want to receive sales or promotional offers from LADC and/or its partners by email. If Customers decide that they no longer want to receive such offers, they can request it any time by clicking the link available in the emails and newsletters, or by modifying their account directly on the Website.

LADC can be led to communicate these data to its partners for order processing or delivery needs, for its aftersales service, or to implement customer satisfaction surveys.

In accordance with article 18 of the RGPD, you have the right to limit this processing in the following cases:

you contest the accuracy of the data
data processing is illegal but you are opposed to deletion
we no longer need the data but the latter remains necessary to the record, exercise or defense of your rights before a Court.

Customers can exercise their individual right to access the file, its right of opposition, modification or deletion for their personal data, either by modifying themselves their personal data in the “Help” section by clicking “My Account”; either by addressing their request to LADC (by mentioning: email address, name, first name, postal address) by email to: contact@laguiole-attitude.com or by letter to LADC’s address.

LADC uses data collection systems such as cookies. A cookie is an IT file stored in the hard drive of the user’s computer. Cookies make it possible to signal the users’ previous visit to the Website and to link users to the personal data they left on the Website, especially as part of the identification of their cart.

When the Website’s Visitors or Customers log in for the first time, a message appears to explain them how to accept, or on the contrary, refuse cookies.

For any further information: contact@lesartisansducouteau.com

Article 12 – Adjournment – Termination

Customers can unsubscribe from the Website and delete their account any time. Customers shall address their termination request to that end to the aftersales service.

If Customers fail to observe their contractual obligations, especially in case of payment problems, LADC reserves the right to adjourn the Customers’ access to the website and LADC’s services, and even to delete their account depending on the importance of the failures. LADC reserves the right to reject any Order placed by a Customer with whom a dispute is outstanding.

For any information about data protection, please send an email to: contact@lesartisansducouteau.com

Article 13: Intellectual property

All the elements displayed on the Website, such as sounds, pictures, photographs, videos, writings, animations, programmes, graphics, charts, data base units, software, and any other related technology are protected by the provisions of the Intellectual Property Code and are LADC’s property.

All the illustrations, pictures and logotypes displayed on the Products, their accessories or their packaging, whether they are registered or not, are and remain LADC’s exclusive property, except for the rights held on the imagery of the suppliers’ Products, brands and logos of the Products displayed on the Website.

Any total or partial reproduction, modification or use of these brands, illustrations, pictures or logotypes, for any reason or support whatsoever, without LADC’s express and prior consent, is strictly forbidden.

Apart from any solicitation from LADC, the latter forbids any apposition of a hyperlink redirecting to the Website. Customers who want to display a link redirecting to the home page of the Website on their personal website shall mandatorily ask LADC’s permission beforehand. Authorization granted by LADC shall in no way constitute an implicit affiliation convention and shall in no case be given on a permanent basis. That link shall be removed upon simple request to LADC.

Article 14: Applicable law and competent jurisdiction

The Terms and Conditions of Sales are subject to the French law. Only the French version of the hereby Terms and Conditions of Sales is valid.

In case of difficulty occurring as part of Order placement, Product delivery and more generally, sales implementation, the Parties shall look for an amicable settlement together, prior to any legal proceedings, Customers having the possibility to be supported by a consumer association or any other counsellor of their choice.

Any litigation likely to result from the interpretation or implementation of the Terms and Conditions and their consequences shall be brought to the competent jurisdiction.