Conditions of use
The present general terms and conditions of sale govern the relationships between the company TERRES CUITES DE RAUJOLLES located 4, rue de la Tuilerie - 12100 CREISSELS, FRANCE, EURL with a capital of € 7622,45 registered at Millau Chamber of Commerce under the number RCS Millau 380 539 486, VAT # FR56 380 486 000 15 and all clients who wish to buy goods via the website « www.terres-cuites-raujolles.fr ».
The conditions of sale are applicable to the exclusion of other conditions applicable in the shop and showroom of the company TERRES CUITES DE RAUJOLLES. The said company retains the right to modify at any time these conditions of sale. In this case the conditions of sale applicable will be those in force at the client’s date of order.
By validating his order on www.terres-cuites-raujolles.fr, the client declares to have read and unconditionally accepted the present general conditions of sale.
1 - Prices and availability
The prices announced everywhere on the site www.terres-cuites-raujolles.fr are prices including all taxes considering the VAT applicable on the date of the order, but do not include delivery fees which are the responsibility of the client. Any change in VAT can be reflected in the price of the goods.
Eventual errors : All prices are given subject to adjustments for manifest typography errors. In the case of an error TERRES CUITES DE RAUJOLLES will contact the client to inform him of the error and advise him that the order will be priced at the corrected price. However, if the client refuses this correction he can cancel his order with no penalty.
These prices are applicable in the case of online shopping. If by any chance they were less than those announced in the shop showroom TERRES CUITES DE RAUJOLLES they would not be applicable for a purchase in the showroom.
All the products presented on www.terres-cuites-raujolles.fr are subject to availability.
If the requested item is not available TERRES CUITES DE RAUJOLLES undertakes, by every means available, to offer a similar product that the client can accept or refuse after having been informed.
TERRES CUITES DE RAUJOLLES does not undertake to honour orders received for products out of stock.
2 - Orders
The client places his order or request for a sample on the site www.terres-cuites-raujolles.fr after consulting the online catalog and following the site’s order procedure.
When ordering the customer must :
• Create a personal secure account;
• Complete his basket by choosing the product(s) and indicating the quantity of each;
• Clearly indicate the delivery address and a phone number;
• Choose the method of delivery depending on the delivery address;
• Select the means of payment: cheque, bank card, PayPal or bank transfer;
• Confirm the order and payment.
The information received by www.terres-cuites-raujolles.fr is considered to be proof of the transaction between the company and the client.
TERRES CUITES DE RAUJOLLES cannot be held responsible for any event beyond its control, particularly in the case of force majeure, which might delay or hinder the passing of the order.
TERRES CUITES DE RAUJOLLES will confirm reception of the order (naming all the elements) by email.
Should any of these elements be missing or not be sent in time TERRES CUITES DE RAUJOLLES reserves the right to cancel the order.
3 - Payment
All products ordered (including samples) on the site www.terres-cuites-raujolles.fr must be paid for when ordering. TERRES CUITES DE RAUJOLLES can in no way be held to deliver to a client whose order has not been fully paid for.
Means of payment accepted :
• Online bank card payment via our partner Caisse d’Épargne de Midi-Pyrénées (Visa or Mastercard). All the information given is immediately encrypted. This information is only accessible to the computers of the bank « Caisse d’Épargne de Midi-Pyrénées » who need it to contact the client’s bank. It is never possible for TERRES CUITES DE RAUJOLLES or anyone online at the time to have access to the information concerning the payment. The client’s order is dealt with as soon as the financial management of www.terres-cuites-raujolles.fr has received confirmation of the payment;
• Via PayPal : to use this method of payment the client needs to have a PayPal account. When using PayPal it is their conditions of use that apply;
• Bank transfer;
• Cheque : only in euros. After having sent the online order the client will receive an email with an order form to send back with the cheque to the following address :
TERRES CUITES DE RAUJOLLES - 4, rue de la Tuilerie – 12100 CREISSELS - FRANCE
NB : for payment by cheque the client has 7 days to send the payment. The order will be automatically cancelled if the payment is not received within the time limit set out in the general conditions of sale. Delivery will take place after the cheque has been honoured.
4 - Delivery
TERRES CUITES DE RAUJOLLES delivers to customers in France and abroad.
Concerning delivery the client will find the cost on the quotation received after confirmation of the order. The cost will depend on the delivery address and the quantity of products ordered.
In order to make sure that deliveries are well carried out TERRES CUITES DE RAUJOLLES requests its clients to indicate any difficulties of access for the delivery when these exist (mountain pass, narrow streets, pedestrian zones, road works, roads that are forbidden access to HGVs over 3.5 t). The place of delivery must be accessible by a standard 19 t truck (L 10 x l 2.5 x h 4 m). Need a passage width of a minimum of 4.5 m. The driver must be able to access and operate his truck normally to unload with his tailgate and a manual pallet truck.
Attention in case of particular delivery: impasse, pedestrian street or restricted access and limited to trucks, locality of mountain, island... generally any difficult or impossible access in standard truck carrier 19 t, the participation to the expenses will be increased, please consult us for a quote.
Delivery time :
After the registration and reception of the client’s payment the order is sent off within a maximum of 48 working hours, depending on the carrier’s schedule and the delivery address. The carrier does not deliver upstairs nor inside a house or office. The order will be delivered in front of or « at the foot » of the building at the given address in exchange for a receipt signed by the client.
The carrier does not deliver to addresses that are difficult to access (mountain pass, narrow streets, pedestrian zones, road works, roads that are forbidden access to HGVs over 3T5). TERRES CUITES DE RAUJOLLES reserves the right to add extra delivery charges when confirming the order.
This delivery time is given as an indication only as it depends on stocks and the carrier’s schedule. If it should be longer TERRES CUITES DE RAUJOLLES will inform the client as soon as possible by telephone or email.
In the case of force majeure, or any event belonging to the responsibility of the carrier TERRES CUITES DE RAUJOLLES can not be held responsible for the consequences of any delay in a delivery that was beyond his control and about which the client had not been told.
In the case of prolonged delivery TERRES CUITES DE RAUJOLLES cannot be held responsible and the client will not be able to obtain compensation for damages for himself or on behalf of a third party with whom he is linked.
In the case where the delivery time has not been respected and has gone over 10 weeks the client can cancel his order by sending a registered letter to the following address :
TERRES CUITES DE RAUJOLLES
4, rue de la Tuilerie
12100 CREISSELS
FRANCE
If this letter arrives at TERRES CUITES DE RAUJOLLES after the sending off or the delivery of the products the cancellation will not be taken into account by TERRES CUITES DE RAUJOLLES. Otherwise TERRES CUITES DE RAUJOLLES has 30 days to reimburse the customer.
In order to receive the order the client must provide when ordering all information necessary for delivery, particularly a telephone number on which he can be contacted to fix delivery time. When ordering the client agrees to receive the products ordered at the delivery address he indicated. If the delivery person requires it the client should be able to prove his identity to receive the order.
Procedure for delivery / reception of the products :
On receiving the products the client should check carefully the packaging and check the contents in presence of the delivery person before signing the delivery form. In the case of non-conformity (broken products, chips, mistake in content) the client will refuse the package and write clearly the motive for this refusal on the delivery form. In the case of mistake in quantity of products the client will write his remarks on the order form. Without precise remarks on the order form we will consider the delivery to have been correct and corresponding to the order.
In the case of delivery to a building site this must be easily accessible without danger. On delivery the client must check the state of the products. He is the only person able to note down remarks for the delivery person.
The case of impossibility to deliver to the client due to his fault (no show at appointed time, non-collection of package after notification...) can entail extra delivery costs to the client.
5 - Cancelling an oder - Withdrawal period - Return of products
Cancelling an order:
The client cannot cancel an order himself using the website www.terres-cuites-raujolles.fr. However, he can ask for the cancellation of a confirmed order not yet sent off within a period of 7 days after the placing of the order by contacting TERRES CUITES DE RAUJOLLES or directly at the following address : contact@terres-cuites-raujolles.fr and providing the reference number of the order. The client will then receive an email confirming his request. If the payment has already been made TERRES CUITES DE RAUJOLLES has 30 days to reimburse the client. If the payment has not already been made the client will suffer no incidence.
If the request to cancel arrives after the products have been sent off the customer has 7 days in which to assert his right of withdrawal.
Right of withdrawal :
In conformity with the legal terms of the article number L 121-20 of the Consumer Rights Code the client can decide to cancel his order within a period of 7 days after delivery. The client has only to pay the return transport fees. The client’s payment for his order will be reimbursed within 30 days after TERRES CUITES DE RAUJOLLES receive the returned products in compliance with the right to withdraw. The client must inform TERRES CUITESDE RAUJOLLES within the same period giving the reference number of his order. TERRES CUITES DE RAUJOLLES will confirm the cancellation by email explaining the procedure for the return of the products.
The return of the products will be under the responsibility of the client addressed (unless otherwise specified) to :
TERRES CUITES DE RAUJOLLES
4 rue de la Tuilerie
12100 CREISSELS
FRANCE
from 09:15 am to 12:00 pm and 02:15 pm to 06:30 pm Monday to Friday.
This address will be confirmed to the client by email.
This right to withdraw cannot be exercised if the products delivered have visibly been used even in the slightest way. The products must absolutely be returned correctly packaged and protected in their original packaging, in perfect condition for re sale (not damaged, spoilt or dirtied by the client) with all the eventual accessories, notices and documents to the above address, accompanied by the invoice. No return for which we are unable to identify the sender (order ref number, name, first name, address) can be accepted.
The costs and risks inherent to the return of the product belong to the client. The return will lead to a reimbursement equal to the price paid for the product(s) bought. This reimbursement does not cover the eventual costs of delivery. As soon as the return has been dealt with TERRES CUITES DE RAUJOLLES will send an email to the client to inform him of the sum to be reimbursed.
6 - Reservations concerning the products and property
TERRES CUITES DE RAUJOLLES reserves the right to modify the contents of its catalogue of products and the characteristics of these products and their price at any time. The client is informed of the principal characteristics of the product on each notice. However he can request further information on writing to : contact@terres-cuites-raujolles.fr. The photos and texts that present the products are not contractually binding. Expert advice is given as an indication and can not engage the responsibility of TERRES CUITES DE RAUJOLLES even if mistakes are made.
If the client does not send payment for his order within the required time limit TERRES CUITES DE RAUJOLLES will cancel that order.
7 - Liability
We cannot be held liable :
• for the laying which should be done correctly in accordance with the technical characteristics and tints of each product;
• for the treatment; our advice is given as an indication and we do not engage our responsibility for this;
• for any disappointment or non conformity of aspect;
Due to the very nature of ceramic production, its method of manufacture and its rustic nature the sizes like the samples of tint given to our clients or shown in our shops are only an indication and no guarantee of being strictly identical to what you will receive. The same applies to special pieces for which we cannot guarantee the rigorous conformity with the sizes requested. Our ceramics are not identical either in size, surface aspect, smoothness or tint and this cannot be the object of complaint;
• for their ageing, that is to say their aesthetic evolution (colour, patina, small scratches) which should not be considered as premature wear or deterioration. Our tiles are expected to gain patina like old tiles;
• For transport. Our products travel under the responsibility of the buyer who, in the case of delay, breakage or incomplete delivery should file complaints against the carrier who is legally liable.
Our materials are designed for private homes. We decline all responsibility if they are used in public places, shops, etc. other than when this is specifically prescribed in writing by us.
In the case of purchase by a professional TERRES CUITES DE RAUJOLLES is not liable for any direct or indirect damages, lack of business, lack of profit, lack of opportunity, or costs which could be occasioned by these products.
8 - Appropriate law should a controversy arise
The terms and conditions are in French and only this version can be used in action against TERRES CUITES DE RAUJOLLES. The present conditions of sale online come under French legislation without taking into consideration the principles of conflicting laws. This is the case for both rules of content and rules of form.In the case of litigation or complaint the buyer should first contact TERRES CUITES DE RAUJOLLES to find an amicable solution.
9 - Clause conferring jurisdiction
Any disputes that may arise with professionals and/or tradespeople concerning the processing, treatment, interpretation or cancellation of the contract will be submitted exclusively to the courts where the head office of TERRES CUITES DE RAUJOLLES is situated. Any dispute that may arise concerning the processing, treatment, interpretation or cancellation of the contract will be referred to the French courts whose exclusive authority you should recognise.
10 - Intellectual Property
All the elements of the website www.terres-cuites-raujolles.fr remain the exclusive intellectual property of TERRES CUITES DE RAUJOLLES. No person may reproduce, exploit, re-diffuse or use under whatever circumstances, even partially, any elements of the site be they software, visuals or other. Any simple or hypertext link is strictly forbidden without previous written permission from TERRES CUITES DE RAUJOLLES.
11 - Use of information provided
The personal information we request from clients is necessary for the management and delivery of their order and the editing of invoices. In this respect it may be shared with the contractual partners of TERRES CUITES DE RAUJOLLES. In respect of the French law « Informatique et libertés » # 78-17 of 6th January 1978 you have a right to access, correct or supress the information concerning yourself. You can exercise this right by sending a letter by post to the following address : TERRES CUITES DE RAUJOLLES - 4, rue de la Tuilerie - 12100 CREISSELS - FRANCE.
12 - Other
If one or other of the clauses of the General conditions of sale is considered non valid it will be considered as not having been written and will not entail the nullity of the other clauses. Should TERRES CUITES DE RAUJOLLES not exercise one of the afore-mentioned rights recognised in the present conditions of sale, this will not bring about their renouncement of the said rights.