TERMS AND CONDITIONS
(last updated 19 July 2016)
The publisher and host of the website www.saulaie.com is the company SAULAIE, SARL with a paid-up capital of €7,622 and with its registered offices at LE GRAND SAULAIE, 49220 CHAMBELLAY, FRANCE, registered at the ANGERS RCS (Registry of Commerce and Companies) under no. 411499627, VAT no. FR69411499627.
The latter can be contacted by post at the address of their registered office given above or by email at the following address: email@example.com, and by telephone at the following number: +33 (0)2 41 95 14 55.
These terms and conditions govern any use of the above website together with any of the services offered by it. We reserve the right to edit or remove, in whole or in part, any of these terms and conditions at any time and without notice. The date of the last modification is given at the top of this page. By continuing to use the company SAULAIE website, you confirm your acceptance of the new terms and conditions. It is therefore your responsibility to read them regularly in order to be aware of any changes that may have been made.
The company SAULAIE holds the intellectual property rights to its website as well as the right to publish the items that feature in its online store catalogues, including all the photographs shown. It is formally forbidden to copy, download or reproduce all or part of any of these elements.
ARTICLE 1: APPLICATION AND ENFORCEABILITY OF THESE TERMS AND CONDITIONS
These terms and conditions (hereinafter referred to as the "Terms") are exclusively applicable to the online sales of products on the website of the company SAULAIE to private customers and excluding professionals. Together with the order form and the order confirmation, they constitute the contractual documents binding the parties concerned, excluding all other documents, prospectus, catalogues or photographs of the products that have only an indicative value.
Prior to ordering a product on the website belonging to the company SAULAIE, the client will be invited to tick the box "I have read and accepted the Terms and Conditions", thereby acknowledging having previously read and understood these Terms and that the customer fully and unreservedly accepts these Terms.
Only those with the legal capacity to sign a contract for the products offered for sale on the website of the company SAULAIE may place an order for such products. During the order process, the customer guarantees having full legal capacity to agree to these Terms, to place an order and to complete the sale.
Any provision contrary to these Terms shall be unenforceable as concerns the company SAULAIE, without it having been formally accepted in writing.
The fact that SAULAIE chooses not to enforce, at any given time, any of these Terms may not be interpreted as a waiver of the said Terms for any future occasion.
ARTICLE 2: PRODUCTS
The website of the company SAULAIE contains a commercial offer for the sale of products within the limits of available stocks, that may not be considered as a permanent offer. It is valid as long as the products are available, the acceptance of the offer by the customer is validated according to the double click method, it being expressly agreed that the conclusion of the contract of sale will only intervene after confirmation that the company SAULAIE has indeed accepted the order.
According to articles L.111-1 et seq of the French Code de la Consommation (French consumer law), SAULAIE will strive to present the essential characteristics of the products on the data sheets of the latter and which the customer should read and take into consideration. Before placing any order we therefore invite you to carefully study the description and characteristics of the product. In certain cases, you will be required to assemble the product yourself. The photographs illustrating the products do not constitute a contractual document.
Products sold on the website of the company SAULAIE comply with current standards and regulations in force in France. For deliveries outside of France, it is the buyer's sole responsibility to check that the products may be imported and used in the country to which they are to be delivered.
ARTICLE 3: PRICE
Our products are sold in euros at the VAT rate in force when the order is placed. Prices shown on the website of the company SAULAIE include all taxes applicable on leaving our warehouse or our store but do include not the delivery or transportation costs to your home or collection point which are based on the volume, the fragility, the weight and the destination of the product (France or abroad), or any other additional charges that may apply. These additional costs will be specified on the summary page before final validation of the order and will also be shown on your order confirmation page.
The payment of the price is to be made in full in euros by credit card, cheque, bank transfer or via your PayPal account when placing the order. At the time of payment, the customer certifies being the owner of the credit card or the PayPal account and that they have sufficient funds to pay for the order. We reserve the right to modify the prices at any time, whilst guaranteeing that we shall apply the price in force on the date of the order.
For products to be shipped to a French overseas department or territory, or to any foreign country, the customer undertakes to pay, in addition to the agreed price, directly to the forwarder or the carrier as appropriate, any customs duties or other taxes due on import to the country of delivery as well as to pay the VAT or any other tax due on import to the country of delivery.
The company SAULAIE uses one of the most secure systems available on the internet, the SSL (Secure Socket Layer) Protocol in addition to secure encryption to protect all valuable data relating to your payment. The e-transactions system used by our bank, Crédit Agricole, for online payments is secure, it automatically checks the validity of the right of access during the credit card payment process and encrypts all information exchanged, to ensure confidentiality. The company SAULAIE has no access to the credit card data and is notified of the payment by e-transactions.
We reserve the right to refuse to process a transaction for any reason whatsoever at any time and at our sole discretion. We may not be held liable to you or any third party for refusing to process a transaction or for suspending any transaction even after processing has begun.
The goods ordered remain the property of the company SAULAIE until full payment of the sale price has been received. By express agreement, unless a postponement is expressly granted by the company SAULAIE, any non-payment or late payment will result in (i) any outstanding amount becoming payable immediately, regardless of the due date, without any prior formality or official notification, (ii) the payment by the customer of late payment interest at a rate three times the legal interest rate in force at the time, and (iii) the payment of a fixed amount of 40 euros in compensation for recovery costs. If the order has been delivered and payment is not made, the company SAULAIE has the right to claim ownership of the products ordered, the customer shall undertake to return any item not paid for and shall be responsible for all the costs involved in doing so.
ARTICLE 4: ORDERS
Orders are placed and processed by the company SAULAIE via their website.
The automatic registration system for orders shall serve as evidence of the content of the order and its date.
Any order placed by a customer is for their own personal use.
To place your order, you must duly complete the order form giving your address in capital letters, the numbers and letters corresponding to the products selected in the column for the item reference and the quantity desired for each product, the name and address where the order is to be delivered together with all necessary details required for the products to be delivered.
A summary of the order will be shown in your "basket" together with the total cost. This summary can be viewed at any moment by the customer who can add further items and/or modify the contents until the order has been validated by clicking on the button "I confirm my order". Once the order has been validated by the customer and the price paid, the customer may no longer modify or cancel their order other than under the right of withdrawal set out in article 6 below.
The confirmation of the order implies acceptance of these Terms.
An email acknowledging receipt of the order and its payment will be sent by the company SAULAIE to the customer at the address provided by them on the order form as soon as possible.
Should the customer not receive the email confirming that the order has been accepted or if the confirmation email should contain any errors, it is the responsibility of the customer to contact the company SAULAIE.
If the confirmation of the order cannot be sent to the email address specified by the customer, the order will be cancelled.
Any order shall only be considered as firm and final after confirmation of its acceptance by the company SAULAIE, this confirmation shall act as the conclusion of the sales contract. It will resume the nature, quantities ordered and unit price of each product and the total price including VAT and shipping costs, that will be charged to the customer.
The customer is responsible for the details they provide when making an order and in the event of an error in the recipient's address, the company SAULAIE may not be held responsible for failing to deliver the product.
The company SAULAIE reserves the right not to confirm an order, notably in the event of any problem in the supply chain of any desired product, an abnormal order, predictable difficulties regarding delivery or any problem with payment.
The company SAULAIE shall then notify the customer within the same time period of their refusal to accept the order.
No new order will be registered before the customer has made normal payment of the amounts due for a previous command.
ARTICLE 5: DELIVERY
Delivery times vary according to our stock levels, the quantity of products ordered and the place of delivery. These are indicated on the order confirmation sent by the company SAULAIE to the customer and on the corresponding invoice. The times indicated are estimates and may be subject to modification. In the event of modification to the delivery time, we will do our best to contact you and inform you of any such change. On average, delivery times are approximately 2 to 14 days following confirmation that the order has been accepted, for deliveries within metropolitan France. Delivery to French overseas departments or territories or to foreign countries varies according to the country of destination.
Delivery charges vary according to the country of delivery. These are also indicated on the order confirmation sent by the company SAULAIE to the customer and on the corresponding invoice.
Orders are delivered from Monday to Friday, excluding bank holidays.
For mainland France, Corsica and Monaco, as well as the countries of the European Union, Switzerland and Norway, the order will be delivered to the customer's home within the time period given above, the order will either be handed directly to the addressee, or, in case of absence, a notice will be left informing the customer that the order is available. The products are then to be collected by the customer at the address and in the manner indicated by the carrier. If the order is not collected within the period of time set by the carrier, it will be returned to the company SAULAIE, which reserves the right to refund the price paid to the customer, the shipping costs remaining at the customer's charge.
Depending on the size of the package, the products will be sent either by post, or by specialized carrier. In the latter case, the customer may choose between:
- Standard delivery: delivery to the foot of the building, the outside entrance to the specified delivery address, from Monday to Friday on the date set by the carrier without the customer being able to choose a specific time slot. The article is packed and protected in a cardboard box.
- Prestige delivery: delivery to the place of your choice inside the given delivery address by a specialized carrier. An appointment with a specific time slot is agreed in advance, directly with you by telephone. In certain regions it is possible to arrange for a Saturday delivery.
It is your responsibility to make the necessary arrangements to ensure the order is correctly received and to inform us of any special conditions applicable to the delivery (stairs or narrow lift). No furniture may be delivered through a window on an upper floor.
For countries other than those referred to above, the terms of delivery are determined on a case by case basis and specified on confirmation of the order.
A longer delivery period than that originally stated may under no circumstances justify the payment of interest or damages or the cancellation of the order.
We recommend that you open and check your order on the day of delivery and inform us immediately of any damage that may have been caused during shipping. You must ensure that all products and constituent components of any product are undamaged before assembly. It is your responsibility to check that the delivered products have arrived in perfect condition before you sign the delivery note and, if appropriate, clearly express your reservations on the latter.
Therefore, it is very important to check the condition of the package and the goods on arrival, to express your reservations if appropriate, or notify its refusal in the event of the goods being damaged. No free return will be possible without your reservations being expressly mentioned in detail on the signed delivery note.
If an item is delivered that does not comply with your order, or is damaged or incorrect, we would request that you send us a registered letter with acknowledgement of receipt as soon as possible and no later than 3 days following delivery to request a refund or replacement of the products concerned, taking care to attach the corresponding delivery slip.
We may also request that you to provide us with a photograph of the damaged parts for our records and to enable us to take the necessary steps.
Returned products must be sent back to us in their original packaging or an equivalent packaging.
ARTICLE 6: WITHDRAWAL
We remind you that as a consumer you have of a right of withdrawal during a period of 14 calendar days (Sundays and bank holidays included) dating from the receipt of the order to ask to return the products.
In this event you should inform our customer service department, within the above time limit, by sending an email to the following email address: firstname.lastname@example.org.
In accordance with the standard withdrawal form applicable to all consumers, we would ask you to specify the following information: the order references and the date of receipt of the products concerned, together with your name and your address.
After receipt of your email, we will contact our carrier to arrange the return of the product. The carrier will then contact you as quickly as possible to arrange a collection date.
We would ask you to include your customer order summary with the parcel in its original packaging or equivalent, this being a document required for the processing of the return.
Once received, the product will be inspected and our customer service department will contact you to process your refund if the goods are undamaged and in perfect condition. The products should not have been used or have been assembled in any way. No returns will be accepted once assembly has been started. The company SAULAIE reserves the right to refuse a refund for any product considered to be unfit for resale.
The order will be refunded in full, including shipping (based on the standard delivery method) with the exception of the return costs amounting to a sum of [TO BE COMPLETED]. The delivery charges are reimbursed on a pro rata basis for the products returned by the customer, as appropriate.
ARTICLE 7: GUARANTEES
All products supplied by the company SAULAIE are covered by the legal warranty of conformity provided for in Articles L. 217-4 et seq of the French Code de la Consommation (French consumer law) and the legal warranty against hidden defects under Articles 1641 et seq of the French Code Civil (French civil law).
In respect of these guarantees the professional seller agrees, at the option of the client, to refund or repair/exchange the defective or non-compliant products forming part of their order within a period of 2 years following delivery.
The guarantee does not cover any damage, breakage or malfunction resulting from a failure to comply with the instructions for use or safety instructions.
Any claims in respect of these guarantees should be sent by email to the customer service department at the following address: email@example.com
ARTICLE 8: LIABILITY
The company SAULAIE may not be held liable in the event of the incorrect performance or non-performance of the contract by the customer, in the event of a fault on the part of a third party or in the event of a case of Force Majeure.
In the event of damage caused by a defect concerning product safety, consumers must seek the liability of the manufacturer who can be identified by the information given on the packaging of the product concerned.
The company SAULAIE may not be held liable for any regulations proper to the country of delivery and/or as a result of viewing of the company SAULAIE website.
ARTICLE 9: PERSONAL DATA AND INFORMATION AVAILABLE ON THE WEBSITE
Our platform www.saulaie.com is not intended or configured in such a way to collect visitors' personal information other than the following data: the origin of the internet connection (ISP), the IP address, the type and version of the internet browser used. We do not, under any circumstances, collect the email addresses of visitors unless they choose voluntarily to communicate this to us. The only personal information collected consists of data such as names, postal addresses and email addresses that is provided voluntarily by users. You may be required to provide personal details in order to obtain information, send us your comments or to reserve and pay for a product on our website.
When you pay online, payment is made securely via our bank, Crédit Agricole. The company SAULAIE has no access to this confidential data.
Certain information requested on the SAULAIE forms may be obligatory. This is marked by an asterisk. We hereby confirm that if you choose not to provide such obligatory information, we will be unable to process your request, whether it is a request for information, or an order.
The company SAULAIE is committed to scrupulously respecting the trust you place in us and we conscientiously apply the rule of law 78-17 of 6 January 1978 concerning "computer technology, files and liberties" (www.cnil.fr) together with all ethical principles arising therefrom concerning any personal information that you may provide during your visit to our website. The corresponding CNIL (Commission Nationale d'Informatique et des Libertés - French national data protection organisation) file is registered under the number1243362; the right of access is ensured by SAULAIE, LE GRAND SAULAIE, 49220 CHAMBELLAY, FRANCE.
The information available on the website of the company SAULAIE comes from sources believed to be reliable. However, we are not in a position to be able to certify that all information is accurate, complete or up-to-date.
We therefore reserve the right to correct any error, as soon as any such errors are brought to our attention and, more generally, to modify at any time and without notice, all or part of the website of the company SAULAIE and the conditions of use and any notices on this site, without being able to be held liable as a result.
The company SAULAIE may not in any way be held responsible for the provision of such links that give access to these websites and other external sources, and may not be held liable for the content, advertising, products, services or any other material available on or from these websites or other external sources that we are not able to verify or approve.
ARTICLE 10: DISPUTE
In the event of any dispute it shall be the priority of the customer to contact the company SAULAIE and attempt to reach an amicable solution. Any claim or dispute will always be received with care and attention.
The customer also has the option of using a free consumer mediator as provided for under Articles L. 611-1 et seq of the French Code de la Consommation (French consumer law).
Failing an amicable resolution of the dispute, any dispute concerning the implementation or interpretation of these terms and conditions and any order subject to them, is exclusively subject to the jurisdiction of French courts.
The applicable law is French law.
Should these Terms have been translated into a foreign language, only the French text shall prevail.