These general terms and conditions of sale (hereinafter referred to as "GTC") are entered into between: - on the one hand, natural or legal persons wishing to make a purchase via the CATELIN Design website, hereinafter referred to as the "Buyer", and, on the other hand, the company De Clercq Company SARL, with a capital of 7,622.45 euros, whose registered office is located at 16 rue du Calvaire, 77520 Mons-en-Montois, France, +33 (0)1 64 08 91 17, contact form, registered with the RCS of Melun under number SIREN 341 562 718 and VAT number FR51 341 562 718, hereinafter referred to as the "Seller".
1. Object and scope
These general terms and conditions of sale aim to define the terms of sale between the Seller and the Buyer. They apply to all sales of products (hereinafter referred to as the "Product(s)") offered on the Seller's website, whether the order was placed by telephone, fax, postal mail, email or on the Internet at the address www.catelindesign.fr owned by the Seller (hereinafter referred to as the "Site").
Any order on the Site necessarily implies the Buyer's knowledge of these general terms and conditions of sale, prior to the order, and the Buyer's acceptance of their entire content. The acceptance of these general terms and conditions of sale takes effect upon validation of the Buyer's order.
The general terms and conditions of sale applicable are those in force on the day of validation of the order by the Buyer. The Seller reserves the right to modify the general terms and conditions of sale at any time and without notice, the modifications being applicable to all orders placed after such modification.
Any modification of the general terms and conditions of sale will be subject to a new agreement for each new purchase by the Buyer.
2. Products and compliance
2.1. The Products for sale are presented on the Site with a description.
2.2. The Products offered by the Seller comply with the applicable standards in France. Elements such as photographs, texts, graphics as well as all information and characteristics illustrating and/or accompanying the Products are not contractual, which the Buyer acknowledges. Consequently, the Seller cannot be held liable for any error or omission of any of these elements or for any modification of these elements by suppliers and/or publishers.
3. Buyer's obligations
3.1. The Buyer declares to be at least 18 years old and to have the legal capacity or to hold parental authorization allowing him/her to place an order on the Site.
3.2. The Buyer undertakes to provide the Seller with real and necessary information for the performance of the service under these conditions, as requested online and according to his/her situation, including his/her name, first name, address, telephone and valid e-mail.
The Buyer is responsible for the consequences of false or inaccurate information transmitted or whose use would be illegal.
3.3. Once the order is placed, the Seller sends an email confirming it to the Buyer. The Buyer is informed of the dispatch of the Products.
3.4. The Buyer can modify his/her data in the "my account" section.
4.1. Any order will only be validated after acceptance of payment.
4.2. The Seller reserves the right to cancel or refuse an order in the event of a dispute with the Buyer over a previous order.
4.3. The Seller may accept orders subject to availability of stock. The Buyer will be informed of the availability of the Products sold on the Site at the time of confirmation of the order.
If, despite the Seller's vigilance, the Products are unavailable, the Seller will inform the Buyer by e-mail as soon as possible. The Buyer may then cancel his/her order completely or partially and be reimbursed, if applicable, the corresponding sums already paid.
Definitive or temporary unavailability cannot under any circumstances engage the Seller's liability, nor can it open any right to compensation or damages in favor of the Buyer.
5.1. The prices displayed on the Site are indicated in euros, including all French taxes (French VAT and any other applicable taxes), excluding shipping costs, participation in order processing costs, and packaging costs.
Shipping costs, participation in order processing costs, and packaging costs will be indicated in the Buyer's cart before final validation of the order.
5.2. Import formalities, customs duties, and any taxes related to the delivery of a Product outside the European Union and in the overseas departments and territories are the sole responsibility of the Buyer. They must be paid to the competent authorities of the country of delivery. The Buyer is solely responsible for verifying the importation possibilities of the products ordered in relation to the law of the country of delivery. The Seller is not required to check and inform the Buyer of applicable customs duties and taxes. To find out about them, the Seller advises the Buyer to inquire with the competent authorities in his/her country. Please note that by ordering on the Site, you are considered the official importer and are required to comply with all laws and regulations of the country where you will receive the goods. Cross-border deliveries may be subject to opening and inspection procedures by customs authorities.
5.3. All orders, regardless of their origin, are payable in Euros.
5.4. Prices may be modified at any time, without notice and in particular in the event of changes in tax or economic data. The items will be invoiced based on the rates in effect at the time of order registration, subject to availability on that date.
We regularly carry out maintenance operations on the Site. This may generate pricing errors. In this case, the order cannot be honored and we will contact you to cancel your order as soon as possible.
6.1. The Seller delivers its Products in France and in all countries of the European Union and can on request deliver to any country.
The Products are shipped with the delivery note to the delivery address indicated by the Buyer during the order. Delivery cannot be made to hotels or to post office boxes. The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times of the carriers used by the Seller. In order for these deadlines to be met, the Buyer must ensure that he/she has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase, access codes, names and/or intercom numbers, etc.).
6.2. In the event of unavailability of a Product after the order has been placed, the Seller undertakes to contact the Buyer as soon as possible, by telephone or e-mail. The Buyer may choose to maintain his/her order without the missing Product (in the case of an order containing several Products) or to cancel it. The Seller will reimburse by crediting the bank account no later than fourteen (14) days after payment by the Buyer.
6.3. In case of delivery delay of more than thirty (30) working days, if the Product has not been shipped by the Seller, the Buyer may cancel the order by registered letter with acknowledgment of receipt and request a refund of their order. If the Product has been shipped after the date indicated on the proof of deposit and dispatch of the cancellation of the order for a delivery delay of more than thirty (30) days, the Seller will refund the Product and shipping and return costs upon receipt of the Product, complete, unopened and in its original condition.
6.4. The Seller undertakes to inform the Buyer of the progress of their order processing. In case of damaged packages (already opened, missing products...), the Buyer agrees to notify the carrier and the Seller, by any means, of any reservations within three (3) days following receipt of the Product. The Seller shall not be held responsible for the consequences of a delay in delivery not caused by them.
The full payment must be made at the time of the order. At no time will the amounts paid be considered as down payments or installments. The Buyer pays for their order by credit card (CB, Visa, Eurocard/Mastercard), with their Paypal account or by bank transfer, in accordance with the provisions of this article. The Seller does not accept payment by check. The Buyer must use the other payment methods offered. For any transaction, the Buyer will provide the number on the front of their card, the expiration date of their card and the security code on the back of their card (last three digits). The communication by the Buyer of their credit card number authorizes the Seller to debit their account for the amount of their order.
No cash on delivery shipments will be accepted, whatever the reason.
The Seller retains ownership of the item until the full price is paid by the Buyer. Purchases are made securely. The payment solutions adopted by the Seller are 100% secure. For payments by credit card (Carte Bleue, Visa, and e-Carte Bleue), all information that Buyers provide to the Seller is strictly protected and ensures the compliance and security of each transaction.
8. Product Returns
8.1. Right of Withdrawal: The Buyer has the right to withdraw from the present contract without giving any reason within fourteen (14) days.
8.2. Withdrawal Period: The withdrawal period shall expire fourteen (14) days after the day on which the Buyer, or: - In the case of a sales contract: a third party other than the carrier and designated by the Buyer physically takes possession of the goods.
- In the case of a contract for multiple products ordered by the Buyer under a single order and delivered separately: a third party other than the carrier and designated by the Buyer physically takes possession of the last product.
- In the case of a contract for the delivery of a product in several lots or pieces: a third party other than the carrier and designated by the Buyer physically takes possession of the last lot or piece.
8.3. Notification: To exercise the right of withdrawal, the Buyer must notify the Seller of their decision to withdraw from the present contract by an unequivocal statement (for example, a letter sent by post to De Clercq Company SARL - Customer Service - 16 rue du Calvaire - 77520 - Mons-en-Montois - France, or via the contact form). To meet the withdrawal deadline, it is sufficient for the Buyer to send their communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
8.4. Effects of Withdrawal: In the event of the Buyer withdrawing from the present contract, the Seller shall reimburse all payments received from the Buyer, including delivery costs (with the exception of any additional costs arising from the Buyer's choice of a delivery method other than the least expensive type of standard delivery offered by the Seller), without undue delay and in any event not later than fourteen (14) days from the day on which the Seller is informed of the Buyer's decision to withdraw from the present contract.
The Seller shall carry out such reimbursement using the same means of payment as the Buyer used for the initial transaction, unless the Buyer has expressly agreed otherwise. In any event, the Buyer shall not incur any fees as a result of such reimbursement. The Seller may withhold reimbursement until the goods have been received or until the Buyer has provided evidence of having sent back the goods, whichever is the earliest.
The product must be returned new, properly protected in its undamaged original packaging with its original protective coverings, accompanied by any accessories, user manual and documentation provided at the time of purchase to the following address: De Clercq Company SARL - Customer Service - 16 rue du Calvaire - 77520 - Mons-en-Montois - France, together with any useful information regarding the Buyer's contact details and order. The Buyer shall send back the goods without undue delay and in any event not later than fourteen (14) days from the day on which the Buyer communicates their decision to withdraw from the present contract to the Seller. This deadline shall be deemed to have been met if the Buyer sends back the goods before the expiry of the fourteen (14) day period. Please note that products delivered must not have been used beyond what is necessary to establish their nature, characteristics, and functioning.
No returns will be accepted if the returned Products are incomplete, have been visibly used, damaged, or soiled by the Buyer, and this use or damage makes the products unfit for resale.
8.5. Costs: The Buyer shall bear the direct cost of returning the goods unless they have received a product with a manufacturing defect or one that does not correspond to the Buyer's initial order. The return is at the Buyer's risk.
These costs can be estimated on the LA POSTE website (https://www.laposte.fr/particulier) by clicking on "calculate a rate."
In case the Buyer does not comply with these terms, especially the return or exchange conditions, the Seller will not be able to issue a refund for the concerned Product(s).
8.6. Personalized Products: As per Article L221-28 of the Consumer Code, the right of withdrawal cannot be applied to "goods made to the consumer's specifications or clearly personalized." Therefore, personalized products cannot be returned and are not eligible for a refund.
When an issue arises with a Product, the Seller invites the Buyer to contact the after-sales service, notably by filling out the contact form.
9.1. Legal Guarantees: The products sold by the Seller are subject to the legal conformity guarantee of two years set out in Article L217-3.
9.2. Reproduction of Applicable Texts:
Extract from Article L217-3 of the Consumer Code:
The seller delivers goods that are in conformity with the contract and comply with the criteria set out in Article L. 217-5.
They are liable for any lack of conformity that exists at the time of delivery, as defined in Article L. 216-1, and that appears within a period of two years from that time.
They are also liable for any lack of conformity resulting from the packaging, the assembly instructions, or the installation, where the latter was made their responsibility under the contract or was carried out under their responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller.
This warranty period applies without prejudice to Articles 2224 and following of the Civil Code. The starting point for the consumer's action to bring a claim is the day they become aware of the lack of conformity.
Article L217-4 of the Consumer Code:
Goods are in conformity with the contract if they meet, in particular, the following criteria:
1° They correspond to the description, type, quantity, and quality, in particular in terms of functionality, compatibility, interoperability, or any other feature provided for in the contract;
2° They are suitable for any special use sought by the consumer, brought to the seller's attention no later than at the time of the conclusion of the contract and accepted by them;
3° They are delivered with all the accessories and installation instructions, which must be provided in accordance with the contract;
4° They are updated in accordance with the contract.
Article 1641 of the Civil Code:
The seller is liable for hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have acquired it, or would only have given a lesser price for it, had they known of them.
Article 1648, paragraph 1, of the Civil Code:
The action resulting from redhibitory defects must be brought by the buyer within a period of two years from the discovery of the defect.
9.3. Exclusion: The contractual guarantees do not cover:
- abnormal or non-compliant use of the products,
- defects and their consequences linked to use that is not in accordance with the intended use of the product (professional, collective use, etc.),
- defects and their consequences linked to any external cause,
- replacement of consumables (batteries, bulbs, fuses, etc.),
- breakdowns linked to accessories (power cables, etc.).
10. Intellectual property
Under no circumstances is the Buyer authorized to download or modify all or part of the Site, including its content (listed products, descriptions, images, videos, etc.). The Site may not be reproduced, copied, sold, or exploited for commercial reasons without the express written authorization of the Seller.
In general, all copyrights, trademarks, and other distinctive signs and intellectual property rights appearing on the Site shall remain the full and entire property of the Seller. The Buyer is therefore bound to respect intellectual property rights and may not use the trademarks appearing on the Site and on the Products if applicable, or file a trademark that would be detrimental to the rights holder, unless otherwise provided in the contract. The same applies to any other intellectual property rights.
The Products offered on the Site comply with French legislation and standards in force. The Seller cannot be held responsible for the non-performance or improper performance of the contract concluded between the parties in case of force majeure, the occurrence of a fact attributable to the Buyer, or any inconvenience, foreseeable and insurmountable damage inherent in the use of the internet. The Seller shall not be held liable for any indirect damages that may arise from the purchase of Products.
Photographs, graphics, and descriptions accompanying the Products have no contractual value and therefore cannot engage the Seller's liability. Since the Site is hosted by an external provider, the Seller cannot be held responsible for a service interruption of the Site, the occurrence of bugs, inaccuracies or omissions relating to information available on the Site, or for any damages resulting from a fraudulent intrusion by a third party who has altered the information on the Site. For all stages of access to the Site, consultation, filling out forms, placing orders, delivering articles, or any other service, the Seller has an obligation of means only.
Consequently, the Seller's liability cannot be engaged for all inconveniences or damages inherent in the use of the internet network (loss of data, files, etc.) and totally external to the diligence and precautions taken by the Seller. The Seller disclaims all liability for the content of the website(s) to which hypertext links may refer from its own Site, as it cannot control their content.
12. Force majeure
In the event of force majeure, the affected party shall inform the other party within fifteen (15) days from the occurrence of such event by registered letter with acknowledgment of receipt.
Expressly, cases of force majeure or fortuitous events are considered, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts, or other industrial actions or commercial disputes, civil unrest, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes in the forms of marketing, computer failure, telecommunications blockade, including wired or wireless telecommunications networks, and any other case beyond the parties' control that prevents the normal performance of the contractual relationship.
All the parties' obligations shall be suspended for the entire duration of the force majeure event, without compensation. If the force majeure event lasts for more than three (3) months, the concerned contract may be terminated automatically without compensation for either party.
13. Protection of personal data
The Seller collects information about the Buyer when creating their Customer Account. This information allows the Seller to carry out operations related to customer management, prospecting, commercial statistics, management of requests for access, rectification and opposition rights, management of unpaid bills and litigation, management of promotional operations, and management of reviews. This data may be used to send information and promotional offers from the Seller, which the Buyer can unsubscribe from at any time by unchecking the "Receive our newsletter" option on the My Account > My Personal Information page. The legal basis for these data processing operations is the execution of these General Terms and Conditions of Sale. The recipients of the Buyer's data are our Company's services and authorities and legal assistants authorized to receive communication. The Buyer's data will only be kept for the time necessary to achieve the aforementioned purposes and in accordance with the applicable legal retention rules in commercial matters. In accordance with the provisions of the French Data Protection Act of January 6, 1978 (as amended) and the General Data Protection Regulation (GDPR) of April 27, 2016, the Buyer has the right to access their personal data on the My Account > My Personal Data page, as well as the right to rectification, portability and erasure of their personal data by contacting the Seller via the contact form. The Buyer is informed of their right to register on the Bloctel opt-out list for telephone solicitation.
14. General provisions
14.1. Applicable law: The Seller will archive the order forms and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1348 of the French Civil Code. The Seller's computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties, unless proven otherwise. French law applies without prejudice to the application of imperative legislative rights granted to consumers or a more protective imperative law by the foreign judge seized by a Buyer from the corresponding country.
14.2. Partial invalidity of a clause: If one of the clauses or provisions of these GTC is annulled or declared illegal by a definitive court decision, this nullity or illegality will not affect the other clauses and provisions, which will continue to apply.
14.3. Updating: These general conditions may be modified at any time and without notice by the Seller, and the applicable conditions are those in force on the date of the Buyer's order.