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Terms of use

Commercial conditions

Last revised: April 01, 2021

These conditions

(1) This website: www.landryclement.com and the services, including all mobile applications connected to it and any offer or sale of products through the Site, are owned and operated by Atelier Landry CLEMENT, micro -company. These Commercial Terms set out the terms and conditions under which visitors or users may visit or use the Site and / or the Services and purchase Products.

(2) By accessing or using the Services, you acknowledge having read and consented to these Terms and you agree to be bound by them. If you do not agree to all of the Terms, you may not access the Site or use any of the Services. Read these Terms carefully before accessing or using our Site or Services, or purchasing Products. In these Terms, you will find out who we are, how we sell our Products to you, how you can terminate the purchase contract and what you can do if something goes wrong.

(3) You represent that you are of legal age and have the legal authority, right and power to enter into a binding agreement based on these Terms, to use the Services and to purchase Products. If you are under the age of majority, you may only use the Services or purchase Products with the consent of your parents or legal guardian.

(4) This site is published by Landry CLEMENT, 8, Place du Cormoran, 84210 Pernes Les Fontaines + 33 (0) 6 79 03 78 40 atelierlandryclement@orange.fr Siret: 800 478 570 00024 Intra-community VAT number: FR 29 800478570

The director of the publication is Landry CLEMENT.

You can contact us :

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Terms and conditions

1. Object

These general conditions of sale detail the rights and obligations of Atelier Landry CLEMENT (hereinafter referred to as the supplier) and of its customer. Any sale made by the supplier therefore implies the customer's unreserved acceptance of these general conditions of sale. The general terms and conditions of purchase of our customers cannot be opposed.

If one of the clauses of these general conditions is found to be null or canceled, the other clauses will not therefore be canceled. The fact that the supplier does not apply at a given time any clause of these general terms and conditions cannot be interpreted as a waiver of the right to take advantage of said general terms and conditions of sale at a later date.

2 Order

Orders must be written and delivered either directly, by mail or electronically. All orders must include:

  • The full name and precise address of the customer.

  • The corporate form, the SIRET, RCS or RM number and the intra-community VAT number.

  • The desired delivery times, the delivery address, delivery terms, price and payment terms.

Any quote marked with the words "good for agreement" dated and signed by the customer is considered a firm and final order. The quotes are valid for 3 months, beyond this period, the supplier is no longer required to accept an order under the conditions set out in the said quote.

The minimum billing amount for any first order is € 300

3 Order confirmation

Even in the possible absence of a written order from the customer, the payment of a deposit and / or acceptance of the goods constitutes confirmation of the order and the unreserved acceptance of these general conditions of sale by the customer.

4 Shipping time

The availability period indicated during the registration of the order is given only as an indication, it begins to run from the date the supplier is in possession of the customer's order form or quote and of the present general conditions accepted by the customer, of the deposit fixed by the terms of the estimate and of all the documents necessary for the execution of the order. For information, the usual deadlines are 8 to 10 weeks.

A delay in shipment cannot be considered as a reason for breach of the sales contract or give rise to payment of damages, penalties for delay or cancellation of an order. The supplier reserves the right to make split shipments.

5 Shipping

The shipment is carried out:

  • Or by sending a notice of availability of the workshop to the attention of the customer.

  • Or at the place indicated by the customer on the order form or the estimate.

6 Transport

Sales are ex-workshop, unless otherwise stipulated or quoted. Consequently, the costs of transport and insurance are. On client fee. The risk of transport is borne in full by the customer to whom it encumbers to insure the goods.

The goods are shipped in custom-made wooden crates.

The customer must check the shipments on arrival. In the event of missing or damaged goods during transport, the customer must formulate all the necessary reservations on the delivery slip upon receipt of said goods. These reservations must also be confirmed in writing within 3 days (not including public holidays) following delivery, by registered mail (article L.133-3 of the Commercial Code). The words "subject to unpacking" and subject to assembly will not be accepted.

7 Non-compliance

The nuances of colors or dimensions, do not constitute a non-conformity and are the sign of an artisanal manufacture.

8 Return of goods

The return of goods, in the event of non-conformity or apparent defects, can only be done with the written agreement of the supplier and in no case beyond a period of 10 days after receipt of said goods. No return of custom-made parts will be accepted.

In the event of a return, the return of the goods by the supplier will only be accepted on the condition that the apparent defects cula non-conformity are established. The return will then result in a standard exchange for the customer's profile. Return and re-delivery costs will then be borne by the supplier.

Any return of goods not previously accepted or return for which apparent defects or non-compliance have not been established, will be made available to the customer and will not give rise to a standard exchange, nor to the establishment of a credit note. . Return costs will be borne by the customer.

9 Prices

The price of the goods sold are those in effect on the day the order is taken. They are understood to be ex-workshop, in euros and excluding taxes. They will be increased by the rate of VAT in force on the day of invoicing, the supplier grants himself the right to modify its prices at any time. However, the supplier undertakes to invoice the goods ordered at the prices indicated when the order is registered.

10 Discount

No discount will be granted in the event of early payment.

11 Payment terms

The orders are settled by bank transfer.

For any first order, the customer must pay during the validation of the order, 100% of the amount due. For subsequent orders, the customer must pay a deposit of 30% of the total amount excluding VAT when ordering, the balance must be paid before the goods are shipped.

In the event of a change in the customer's situation (change of structure, default or delay in payment, bankruptcy, dissolution, death), the supplier reserves the right to remove any payment terms granted, to suspend pending orders, to '' require guarantees or, failing that, cancel the order.

In the event of late payment, the supplier may suspend all orders in progress, without prejudice to any other course of action.

12 Late payment

In the event of non-compliance with the payment deadline appearing on the invoice, as a penalty clause and for the application of law NRE N ° 2001 - 420 of 15/05/01 and articles L441-3 and L441-6 of Commercial Code, the customer will automatically be liable for a penalty for late payment, payable without any reminder being necessary. The interest rate for the penalties is set at 3 times the legal interest and is calculated on the total amount due. In addition, a lump sum compensation for recovery costs, in the amount of € 40 will be due, as of right and without prior notification, in the event of late payment. The supplier reserves the right to ask the customer for additional compensation if the recovery costs actually incurred exceed this amount on presentation of supporting documents.

In the absence of payment by any one of the deadlines, the other deadlines will become immediately due.

13 Termination clauses

In the event of non-payment, 48 hours after an unsuccessful formal notice, the sale will be terminated automatically and may give rise to the right to an award of damages for the benefit of the supplier. The resolution will affect not only the order in question, but also all previous unpaid orders that they are delivered or in the course of delivery, and that their payments are due or not. The sums which would be due for other deliveries or for any other cause will become immediately payable if the supplier does not opt ​​for the termination of the corresponding orders. The client will have to reimburse all the costs incurred by the contentious recovery of the sums due, including the fees of ministerial officers.

14 Retention of title

The supplier retains ownership of the goods sold until full payment of the price, in principal and in accessories. As such, if the customer is the subject of reorganization or compulsory liquidation, the supplier reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid.

15 intellectual property

The name Atelier Landry CLEMENT as well as all illustrations, images and logos are the exclusive property of the supplier. Any partial or total reproduction, modification or use of the name, illustration, image and logos for any reason or any medium whatsoever, without the express, prior written consent of the supplier is strictly prohibited.

16 Advertising rights

The supplier reserves the right to mention the name of its customers on its external communication and advertising documents (website, portfolio, etc.) and when soliciting commercial prospecting.

17 Force majeure

The parties will be fully released if the non-performance by one or the other of one or all of the obligations imposed on it results from a case of force majeure.

Initially, the case of force majeure suspends the execution of the contract and the parties meet to determine the terms of continuation of their relations. If the cases of force majeure have a duration of more than one year (1) month, the contract will be terminated automatically, unless otherwise agreed between the parties.

Expressly considered, as cases of force majeure or fortuitous events, in addition to that usually retained by the jurisprudence of the French Courts and Tribunals: blocking, disturbances or congestion of the telecommunications networks, the poor quality of the electric current, the blocking of the means transport or supply for any reason, inclement weather, epidemics, earthquakes, fires, storms, floods, water damage, government or legal restrictions as well as legal or regulatory changes forms of marketing.

18 Competent court

Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law. In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Avignon (France).

The customer acknowledges having read these general conditions of sale and accepts them without reservation.

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