Article 1: Preamble

These general conditions of sale apply exclusively between the Pottery Farm Gallery whose head office is located at Husté, Mauvezin 32120, registered on September 1, 2011 in Auch under SIRET n° 535 346 365 000 13 (hereinafter the seller) and any person visiting or making a purchase via the site (hereinafter the customer).

Any Internet user can read the general conditions of sale on the site.

Any order placed on the site necessarily implies the customer's unreserved acceptance of these general conditions of sale.

Article 2: Contract

2.1 Acceptance of the general conditions

The customer undertakes to read these general conditions carefully and accept them, before paying for an order placed on the site.

These general conditions are referenced at the bottom of each page of the site by means of a link and must be consulted before placing the order. The customer is invited to carefully read, download, print the general conditions and keep a copy.

The seller advises the customer to read the general conditions for each new order, the latest version of said conditions applying to any new order of products.

By clicking on the first button to place the order then on the second to confirm said order, the customer acknowledges having read, understood and accepted the general conditions without limitation or condition.

2.2 Conditions for placing an order

To be able to place an order, the customer must be at least 18 years old and have legal capacity or, if he is a minor, be able to provide proof of the agreement of his legal representatives.

The customer will be asked to provide information allowing them to be identified by completing the form available on the site. The sign (*) indicates mandatory fields that must be completed for the customer's order to be processed by the seller.

The information that the customer provides to the seller when placing an order must be complete, accurate and up to date. The seller reserves the right to ask the customer to confirm, by any appropriate means, his identity, his eligibility and the information communicated.

2.3 Commands

2.3.1 Product characteristics

The seller strives to present as clearly as possible the main characteristics of the products (on the information sheets available on the site) and the mandatory information that the customer must receive under applicable law (in these General Conditions).

The customer undertakes to read this information carefully before placing an order on the site.

The seller reserves the right to modify the selection of products available on the site, in particular according to the constraints linked to its suppliers.

Unless expressly indicated otherwise on the site, all products sold by the seller are new and comply with current European legislation and the standards applicable in France.

2.3.2 Order procedure

Product orders are placed directly on the site. To place an order, the customer must follow the steps described below (please note, however, that depending on the customer's landing page, the steps may differ slightly).

Selection of products and purchase options: The customer must select the product(s) of their choice by clicking on the product(s) concerned and choosing the desired characteristics and quantities. Once the product is selected, the product is placed in the customer's shopping cart. The latter can then add as many products as they wish to their basket.

Orders: Once the products have been selected and placed in their basket, the customer must click on the basket and check that the content of their order is correct. If the customer has not yet done so, they will then be asked to identify themselves or register.

Once the customer has validated the contents of the basket and identified/registered, an automatically completed online form will be displayed to them summarizing the price, applicable French taxes and, where applicable, fees. Delivery.

The customer is invited to check the content of his order (including the quantity, characteristics and references of the products ordered, the billing address, the means of payment and the price) before validating its content.

The customer can then proceed to pay for the products by following the instructions on the site and provide all the information necessary for invoicing and delivery of the products.

Acknowledgment of receipt: A copy of the acknowledgment of receipt of the order is automatically sent to the customer by email, provided that the email address communicated through the registration form is correct.

The seller does not send any order confirmation by post or fax.

Billing: During the ordering process, the customer must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the customer's order to be processed by the seller).

The customer must in particular clearly indicate all information relating to delivery, in particular the exact delivery address, as well as any possible access code to the delivery address. The delivery address may be different from the billing address.

Neither the order form that the customer establishes online, nor the acknowledgment of receipt of the order that the seller sends to the customer by email constitutes an invoice. Regardless of the order or payment method used, the customer will receive the original invoice upon delivery of the products, inside the package.

Order date: The order date is the date on which the seller acknowledges receipt of the order online. The deadlines indicated on the site only begin to run from this date. Readiness times are on average 7 days. These delivery times may vary depending on availability in stock or not.

The seller undertakes to honor orders received provided that the products are available.

The unavailability of a product is in principle indicated on the page of the product concerned.

Customers can also be informed of the manufacturing lead time if it is not in stock.

Pottery is generally in stock throughout the year. If necessary, we contact the customer directly by e-mail and/or by telephone to inform them of the deadline.

In any case, if unavailability was not indicated at the time of the order, the seller undertakes to inform the customer without delay if the product is unavailable.

The seller may, at the customer's request:

- either offer to ship all the products at the same time as soon as the out of stock products are available again,

- either proceed with a partial shipment of the available products initially, then ship the remainder of the order when the other products are available, subject to clear information concerning the additional transport costs which may be incurred,

- or offer an alternative product of equivalent quality and price, accepted by the customer.

If the customer decides to cancel his order for unavailable products, he will obtain a refund of all sums paid for the unavailable products, without delay and at the latest within thirty (3) days of payment.

Article 3: Price – Payment methods

3.1 Price

The prices indicated on the site are indicated in euros, all French taxes included (French VAT and other applicable taxes), transport costs and order processing costs included.

Prices include in particular value added tax (VAT) at the rate in effect on the order date. Any change in the applicable rate may impact the price of the products from the date the new rate comes into force.

The applicable VAT rate is expressed as a percentage of the value of the product sold.

Prices from the seller's suppliers are subject to change. Consequently, the prices indicated on the site may change. They may also be modified in the event of special offers or sales.

The prices indicated are valid, except gross error. The applicable price is that indicated on the site on the date on which the order is placed by the customer.

3.2 Payment methods

Payment of the price is made by payment card. Cards issued by banks domiciled outside France must be international bank cards.

The order amount is only debited at the time of shipment of the product(s).

Payment by bank check is only possible for checks in euros drawn on a bank domiciled in France or Monaco. In the event of payment by check, the check is cashed upon receipt of the check.

The customer guarantees to the seller that he has all the authorizations required to use the chosen payment method.

The seller will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the site.

It is therefore specified that all information relating to payment provided on the site is transmitted to the site's bank and is not processed on the site.

3.3 Delay or refusal of payment

If the bank refuses to charge a card or other means of payment, the customer must contact the seller's customer service in order to pay for the order by any other valid means of payment.

In the event that for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money owed by the customer proves impossible, the order will be canceled and the sale automatically terminated.

3.4 Taxes and customs duties outside the EU

Any order placed on the Site and delivered outside the European Union may be subject to possible taxes and customs duties which are imposed when the product reaches its destination. These possible customs duties and taxes linked to the delivery of an item are the responsibility of the customer and are their responsibility. The seller is not required to verify and inform the customer of applicable customs duties and taxes. To find out about them, the seller invites the customer to obtain information from the competent authorities in the customer's country.

Article 4: Delivery policy

4.1 Shipping time

The deadlines for preparing an order and then issuing the invoice, before shipping products in stock, are mentioned on the site. These deadlines exclude weekends or public holidays.

An email message will automatically be sent to the customer when the products are shipped, provided the email address on the registration form is correct.

4.2 Delivery times & costs

During the order process, the seller indicates to the customer the possible shipping times and options for the products purchased.

Details of delivery times and costs are detailed on the site.

4.3 Delivery terms

For any parcel delivery (Colissimo):

The package will be given to the customer against signature and upon presentation of an identity document. In the event of absence, a calling card will be left with the customer, to allow them to collect their package from their post office.

As follows: Goods refused due to breakage:

Once the reservations have been made, the after-sales service file is initiated. The goods will be delivered within the time initially announced for any order placed online.

4.4 Delivery issues

The customer must give the seller formal notice to deliver within a reasonable time and in the event of non-delivery within this time, he may terminate the contract.

The Seller will reimburse, without undue delay upon receipt of the termination letter, to the Customer the total amount paid for the Products, including taxes and delivery charges, using the same payment method used by the Customer to purchase products.

The seller is responsible until delivery of the product to the customer. Please note that the customer is required to establish the usual reservations, namely “goods refused due to breakage” in the presence of the driver on the transport voucher.

Article 5: Withdrawal

5.1 Principle of withdrawal

The customer has in principle the right to return or return the product to the seller or to a person designated by the latter, without undue delay, and at the latest within fourteen (14) days following communication of his decision to withdraw, unless the seller offers to collect the product himself.

5.2 Withdrawal period

The withdrawal period expires fourteen (14) calendar days after the day on which the customer, or a third party other than the carrier and designated by the customer, takes physical possession of the product.

If the customer's order concerns several products and if these products are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the customer, or a third party other than the carrier and designated by the customer, takes physical possession of the last product.

5.3 Notification of the right of withdrawal

To exercise his right of withdrawal, the customer must notify his decision to withdraw from this contract by means of an unambiguous declaration to: Pottery Farm Gallery, 32120 Mauvezin or to info@potteryfarmgallery.com.

The customer can also use the form attached at the end of these General Conditions of Sale.

5.4 Effects of withdrawal

In the event of withdrawal by the customer, the seller undertakes to reimburse all sums paid, including delivery costs without undue delay and, in any event, no later than fourteen (14) days from from the day the seller is informed of the customer's desire to withdraw.

The seller will make the reimbursement using the same means of payment that the customer used for the initial transaction, unless the customer expressly agrees to a different means, in any event, this reimbursement will not incur any costs. to the customer.

The seller may defer reimbursement until receipt of the goods or until the customer has provided proof of shipment of the goods, the date chosen being that of the first of these facts.

5.5 Return conditions

The customer must, without undue delay and, in any event, no later than fourteen (14) days after communication of his decision to withdraw from this contract, return the goods to: Pottery Farm Gallery, Au Husté, 32120 Mauvezin .

This deadline is deemed to be respected if the customer returns the goods before the expiration of the fourteen-day period.

has canceled and the sale automatically terminated.

3.4 Taxes and customs duties outside the EU

Any order placed on the Site and delivered outside the European Union may be subject to possible taxes and customs duties which are imposed when the product reaches its destination. These possible customs duties and taxes linked to the delivery of an item are the responsibility of the customer and are their responsibility. The seller is not required to verify and inform the customer of applicable customs duties and taxes. To find out about them, the seller invites the customer to obtain information from the competent authorities in the customer's country.

Article 4: Delivery policy

4.1 Shipping time

The deadlines for preparing an order and then issuing the invoice, before shipping products in stock, are mentioned on the site. These deadlines exclude weekends or public holidays.

An email message will automatically be sent to the customer when the products are shipped, provided the email address on the registration form is correct.

4.2 Delivery times & costs

During the order process, the seller indicates to the customer the possible shipping times and options for the products purchased.

Details of delivery times and costs are detailed on the site.

4.3 Delivery terms

For any parcel delivery (Colissimo):

The package will be given to the customer against signature and upon presentation of an identity document. In the event of absence, a calling card will be left with the customer, to allow them to collect their package from their post office.

As follows: Goods refused due to breakage:

Once the reservations have been made, the after-sales service file is initiated. The goods will be delivered within the time initially announced for any order placed online.

4.4 Delivery issues

The customer must give the seller formal notice to deliver within a reasonable time and in the event of non-delivery within this time, he may terminate the contract.

The Seller will reimburse, without undue delay upon receipt of the termination letter, to the Customer the total amount paid for the Products, including taxes and delivery charges, using the same payment method used by the Customer to purchase products.

The seller is responsible until delivery of the product to the customer. Please note that the customer is required to establish the usual reservations, namely “goods refused due to breakage” in the presence of the driver on the transport voucher.

Article 5: Withdrawal

5.1 Principle of withdrawal

The customer has in principle the right to return or return the product to the seller or to a person designated by the latter, without undue delay, and at the latest within fourteen (14) days following communication of his decision to withdraw, unless the seller offers to collect the product himself.

5.2 Withdrawal period

The withdrawal period expires fourteen (14) calendar days after the day on which the customer, or a third party other than the carrier and designated by the customer, takes physical possession of the product.

If the customer's order concerns several products and if these products are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the customer, or a third party other than the carrier and designated by the customer, takes physical possession of the last product.

5.3 Notification of the right of withdrawal

To exercise his right of withdrawal, the customer must notify his decision to withdraw from this contract by means of an unambiguous declaration to: Pottery Farm Gallery, 32120 Mauvezin or to info@potteryfarmgallery.com.

The customer can also use the form attached at the end of these General Conditions of Sale.

5.4 Effects of withdrawal

In the event of withdrawal by the customer, the seller undertakes to reimburse all sums paid, including delivery costs without undue delay and, in any event, no later than fourteen (14) days from from the day the seller is informed of the customer's desire to withdraw.

The seller will make the reimbursement using the same means of payment that the customer used for the initial transaction, unless the customer expressly agrees to a different means, in any event, this reimbursement will not incur any costs. to the customer.

The seller may defer reimbursement until receipt of the goods or until the customer has provided proof of shipment of the goods, the date chosen being that of the first of these facts.

5.5 Return conditions

The customer must, without undue delay and, in any event, no later than fourteen (14) days after communication of his decision to withdraw from this contract, return the goods to: Pottery Farm Gallery, Au Husté, 32120 Mauvezin .

This deadline is deemed to be respected if the customer returns the goods before the expiration of the fourteen-day period.

5.6 Return costs

The customer must bear the direct costs of returning the goods.

5.7 Condition of the returned item

The product must be returned following the seller's instructions and must include all accessories delivered.

The customer's liability is only incurred with regard to the depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this product. Liability may be incurred if he carries out manipulations other than those necessary. (stained pottery due to planting or other, cracks).

Article 6: Proof and archiving

Any contract concluded with the customer corresponding to an order for an amount greater than 120 euros including tax will be archived by the seller for a period of ten (10) years in accordance with article L.134-2 of the Consumer Code.

The seller agrees to archive this information in order to monitor transactions and produce a copy of the contract at the customer's request.

In the event of a dispute, the seller will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

Article 7: Transfer of ownership

The seller remains the owner of the delivered products until full payment by the customer.

The above provisions do not prevent the transfer to the customer, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage of the products subject to the reservation. of property, as well as the risks of damage that they may cause.

Article 8: Packaging

The products will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the products during delivery. Customers must adhere to the same standards when returning PRODUCTS. As such, the customer is invited to return the PRODUCT that does not suit them in its original packaging and in good condition, suitable for its remarketing.

Article 9: Guarantees

9.1 Guarantee of conformity

The seller is required to deliver a compliant product, that is to say suitable for the expected use of a similar good and corresponding to the description given on the site. This conformity also assumes that the product presents the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, including in advertising and on labeling.

In this context, the seller is likely to be liable for existing defects in conformity at the time of delivery and for defects in conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility or was carried out under his responsibility.

Action resulting from lack of conformity is prescribed two (2) years from delivery of the product.

In the event of a lack of conformity, the customer may request replacement or repair of the product, at his choice.

In any case, the seller would like to point out that the production is artisanal, that roughness, sponge marks, scratches are not defects, but are an integral part of the pottery.

Artisanal pottery cannot resemble a plastic or mechanized container.

The seller does not provide any guarantee against frost, but advises good drainage (see explanations on the site).

9.2 Guarantee against hidden defects

The seller is bound by the guarantee for hidden defects in the product sold which make it unfit for the use for which it is intended, or which reduce this use so much that the customer would not have acquired it, or would not have given it away. than a lesser price, if he had known them.

This guarantee allows the customer who can prove the existence of a hidden defect to choose between reimbursement of the price of the product if it is returned and reimbursement of part of its price if the product is not returned.

Action resulting from hidden defects must be brought by the customer within two (2) years from the discovery of the defect.

Article 10: Liability

Responsibility

The seller's responsibility cannot under any circumstances be held liable in the event of non-performance or poor performance of contractual obligations attributable to the customer, in particular when entering their order.

The seller cannot be held responsible, or considered to have failed herein, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by case law. French courts and tribunals.

It is also specified that the seller does not control the websites which are directly or indirectly linked to the site. Consequently, any liability for the information published there is excluded. Links to third party websites are provided for convenience only and no warranty is provided as to their content.

Article 11: Protection of personal data

The seller collects personal data concerning its customers on the site, including through cookies. Customers can disable cookies by following the instructions provided by their browser.

The data collected by the seller is used to process orders placed on the site, manage the customer's account, analyze orders and, if the customer has chosen this option, send them commercial prospecting letters, newsletters, offers. promotional and/or information on special sales, unless the customer no longer wishes to receive such communications from the seller.

Customers can unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email info@potteryfarmgallery.com.

The data may be communicated, in whole or in part, to the seller's service providers involved in the order process. For commercial purposes, the seller may transfer the names and contact details of its customers to its commercial partners, provided that they have given their prior consent when registering on the site.

The seller will specifically ask customers if they want their personal data disclosed. Customers can change their mind at any time on the site or by contacting the seller.

The seller can also ask its customers if they wish to receive commercial solicitations from its partners.

In accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, the customer has the right to access, rectify, oppose (for legitimate reasons) and delete of his personal data. He can exercise this right by sending an email to info@potteryfarmgallery.com or by sending a letter to: Pottery Farm Gallery, Au Husté, 32120 Mauvezin.

It is specified that the customer must be able to prove his identity, either by scanning an identity document, or by sending the seller a photocopy of his identity document.

Article 12: Complaints

The seller provides the customer with a “Customer Telephone Service” at the following number: 06 23 35 50 62 (non-premium rate number).

Any written complaint from the customer must be sent to the following address: Pottery Farm Gallery, Au Husté, 32120 Mauvezin.

Article 13: Intellectual property 

All visual and audio elements of the site, including the underlying technology used, are protected by copyright, trademark law and/or patents.

These elements are the exclusive property of the seller. Any person who publishes a website and wishes to create a direct hyperlink to the site must request authorization from the seller in writing.

This authorization from the seller will in no case be granted definitively. This link must be deleted at the seller's request. Hypertext links to the site which use techniques such as framing or insertion by hypertext links (in-line linking) are strictly prohibited.

Article 14: Validity of the general conditions

Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions cannot affect the validity of these General Conditions. Such a modification or decision in no way authorizes customers to disregard these General Conditions.

Article 15: Modification of the general conditions

These General Conditions apply to all purchases made online on the site, as long as the site is available online.

The General Conditions are precisely dated and may be modified and updated by the seller at any time. The applicable General Conditions are those in force at the time of the order.

Changes to the General Conditions will not apply to products already