General terms and conditions of sale

 

1. Terminology

 

Artist

Designated by the artist FRANCOIS TAPIEZO, whose head office is located at rue de Castau 84220 Roussillon, whose registration number at the Chambre des artistes is XXX

Customer

Any natural or legal person having subscribed an order form from the individual company FRANCOIS TAPIEZO

FRANCOIS TAPIEZO and the Customers are hereinafter referred to jointly as the "Parties".

The Customers having subscribed to the Newsletter are hereinafter referred to as "Members".

The shipping site concerned which is FRANCOIS TAPIEZO's property is hereinafter commonly referred to as "FRANCOIS TAPIEZO website".

 

***

 

FRANCOIS TAPIEZO provides services only if the Customer undertakes to fulfill and respect these general terms of use (hereinafter referred to as " General terms of use ") which FRANCOIS TAPIEZO can change anytime.
It is therefore recommended to refer regularly to the latest version of this contract constantly available on FRANCOIS TAPIEZO website.

 

2. Scope of application

 

2.1 - Limits

The present General terms of sale and services provided applies without restriction, nor reservation, to all products and services offered by the Provider and can be read directly on FRANCOIS TAPIEZO website.

These terms aim to define the sales conditions between FRANCOIS TAPIEZO and its Customers, from order to delivery, including payment and the use of services made available by FRANCOIS TAPIEZO. These terms settle all the necessary steps to put in an order: they assure the order's status between the Parties and govern the purchase of the Products available on FRANCOIS TAPIEZO website at the time the order is placed by the Customer.

They apply to all modes of order placement proposed by FRANCOIS TAPIEZO, whether the order placement is made by Internet, email address, telephone, telefax or mail.

Any difference concerning the General terms of use, especially the shipping costs according to the ordering mode, are clearly indicated to the Customer on FRANCOIS TAPIEZO website.

Upon Customer request, they can be as well sent by email, telefax or mail.

Ticking the box "I have read and accept the general terms and conditions" before confirming the order automatically involves the express acceptance by the Customer without restriction, nor reservation of the present General terms of use and means by this act that the Customer acknowledges have read and understood the General terms of use and accepted them.

Purchasing by email address, telephone, fax or mail also implies the acceptance of the present General terms of use which the Customer acknowledges have read, understood and accepted under the conditions mentioned above.
They prevail, when appropriate, over any other version and over the Customer's own purchasing conditions or other terms.

 

Purchasing an article proposed by FRANCOIS TAPIEZO company's website does not constitue an act of management of a day-to-day nature according to Article 1124 of the French Civil Code, any customer of FRANCOIS TAPIEZO company declares that he/she has the capacity to on the conditions described below, that is to say, i.e. To be an emancipated minor or have reached legal majority and not to be protected within the meaning of Article 488 of the French Civil code.

FRANCOIS TAPIEZO retains the right to refuse any Order of a Costumer with whom a dispute could exist or appear during the process of an Order, especially in the case of payment dispute.

 

2.2 - Responsibility

FRANCOIS TAPIEZO is released from his obligations related to the delivery in the event of force majeure.

In the case of force majeure as defined in the jurisprudence of French courts of law, which renders impossible the fulfilment of obligations by one of the two parties, the Seller's and the Customer's respective obligations will be first suspended.
If the suspension exceeds 21 days, the contract can be cancelled as of right on one of the two Parties' initiative.
The Seller and the Customer will then be released from their obligations, with no right to ask thereby for any compensation from the other Party.

The Seller cannot be liable in case of delay or non-fulfilment, when the cause of the delay or non-fulfilment is due to an event of force majeure commonly recognized as such by French jurisprudence.

FRANCOIS TAPIEZO refuses any responsibility as for the diverted use or misuse of the products the Customer ordered.

The total or partial inability to use the products, especially because of incompatible hardware or software shall not give rise to any compensation or refund and FRANCOIS TAPIEZO's accountability cannot be questioned.

Websites directly or indirectly linked to FRANCOIS TAPIEZO website are not under the control FRANCOIS TAPIEZO.

Therefore, the company assumes no responsibility for the information provided on these websites.

The links to third-party sites are provided only as a convenience and do not imply any guarantee as to their content.

 

 

3. Order

 

3.1 – Information provided at order placement

The Customer is responsible for the accuracy and the completeness of information on his Customer account and on his order to ensure the order's proper processing.

Thus, the Customer is held responsible especially for the information provided about his address and the delivery address, as well as the sizes and the models chosen by the Customer during the Order placement.

FRANCOIS TAPIEZO cannot guarantee the consequences neither can be held responsible for additional delivery time or costs.

The costs incurred by FRANCOIS TAPIEZO caused by mistakes regarding the information provided by the Customer will be at the Customer's charge, particularly the redelivery costs for the order.

 

3.2 – Product characteristics

According to Article L 111-1 of the French Consumer code, FRANCOIS TAPIEZO endeavours to present as precisely as possible, on products specification file, the products essential characteristics the Customer must be informed of.

FRANCOIS TAPIEZO retains the right to modify the range of Products according to, in particular, constraints regarding his providers.

The information and characteristics are those given by providers.

FRANCOIS TAPIEZO is not at all responsible for data errors transmitted by manufacturers.

Photographs and graphics presented on the website or in emails sent by FRANCOIS TAPIEZO have only an indicative purpose and are generally those given by providers.

In particular, the difference of forms and colors perception between photos or graphics presented on the website and the Products shall not incur FRANCOIS TAPIEZO's liability.

Nevertheless, FRANCOIS TAPIEZO shall make every effort to ensure the most accurate photographic representation of the Products on the website.

Unless otherwise specified on FRANCOIS TAPIEZO website, all Products sold by FRANCOIS TAPIEZO are new and in accordance with the European Community legislation in force and the applicable standards in France.

 

3.3 - Products availability

The unavailability of a product is mentioned on the Product page concerned.

Therefore, the Products may appear with the indication of the shipment time as "Available", "In stock","Out of stock", "Product unavailable".

FRANCOIS TAPIEZO works, depending on products, on a just-in-time stock basis or with orders directly from his suppliers.

Therefore, depending on the circumstances, the Products are valid only within the limits of available stock at FRANCOIS TAPIEZO or subject to availability to his suppliers.

A products availability can vary in no time due to sales in a day.

FRANCOIS TAPIEZO updates regularly the products availability, but he cannot be held responsible if the stock is different from the one of the first reading.

More precise information can be given to the Customer by telephone, email or telefax.

The delivery time mentioned in the descriptive files is indicative when the Product(s) is not available(s) in FRANCOIS TAPIEZO stocks.

Therefore, the delivery time may vary and FRANCOIS TAPIEZO will inform the Customer about it through the order tracking in case of slight delay or by email in case of long delay.

If FRANCOIS TAPIEZO cannot obtain a Product ordered from his providers he will notify the Customer by email of the expected delay. The latter will then have the possibility to cancel the order, on the basis of this new information.

There is no cancellation penalty for such order cancellation.

Similarly, cancellation compensations cannot be claimed (besides a total reimbursement for the order), such unavailability is due to the time needed for updating this unavailability.

FRANCOIS TAPIEZO commits to honour only the orders within the limits of the available stocks of Products or his providers available stocks.

If any of the Products ordered is not available, FRANCOIS TAPIEZO commits himself to inform the Customer as soon as possible.

In case of unavailability, FRANCOIS TAPIEZO can submit to the Customer a Product of equivalent quality or price.

The Customer's formal agreement will then be required by FRANCOIS TAPIEZO before shipping.

 

3.4 – Date of order

The date of order is considered to be :

• the date of the order's validation by the Customer if the payment is made online by credit card;

• the date of receipt of the cheque or transfer if the payment is made by cheque or transfer.

Nevertheless, the validation date is subject to conditions related to anti-fraud investigations set.

If any complementary administrative documents are requested in order to verify the identity of order's author (see paragraph "Anti-fraud investigations" ).

In this case, the Date of Order will be either the date above mentioned either the date of receipt of the requested documents, the Date of Order will be whichever is later.

The time limits indicated on FRANCOIS TAPIEZO website shall only take effect from the Date of the above-mentioned Order.

 

3.5 – Products prices

Products prices are indicated on the website in euro and include all taxes but do not include delivery costs.

The prices include the VAT applicable at the date of the order.

Any change of the applicable rate will be reflected in Product prices after the date of entry into force of the new rate.

The VAT rates applied are expressed as a percentage of the value of sold goods, that is to say 19,6% for deliveries in Metropolitan France, Corsica and Monaco.

Eco-tax is clearly and separately indicated and are in accordance with the legislation in force in the Product sheets.

FRANCOIS TAPIEZO's providers prices are subject to constant variations, the prices on the website are subject to change at any time.

Prices are also subject to variations due to launch, promotional or sales prices.

The price applicable is the price mentioned on FRANCOIS TAPIEZO website at the date of the registration of the Order by the Customer.

All prices are provided subject to obvious typographical errors or a simple information label error.

 

3.6 – Order Placement

The individual Customer may place an order with FRANCOIS TAPIEZO via Internet network on FRANCOIS TAPIEZO website, or by email, phone, fax or regular mail.

If the ordered is made by email, fax or regular mail, the order's placement must contain all the information required to process it under the right conditions.

In all cases, Customer's identification allowing the order's registration shall at least include the following information :

 

• the Customer shall identify himself/herself either by his/her Customer number, either mentioning all information generally required for online registration ;

• the Customer must clearly identify the selected Products with the references given on FRANCOIS TAPIEZO website, these references including options for colors, sizes, etc... In the case of Products with options, the specific references appear when the correct options are selected ;

• The Customer must also mention the quantity needed ;

• The Customer must as well clearly precise the information related to delivery. This concerns, in particular, the precise delivery address as well as the potential access restrictions of the delivery place (see paragraph about delivery) ;

• The Customer must mention the delivery mode chosen ;

• Finally, the Customer must as well mention the payment mode chosen.

If the order has too many cumbersome parcels, FRANCOIS TAPIEZO retains the right not to accept the order as it is at the usual delivery rates.

FRANCOIS TAPIEZO will then contact the Customer to inform him/her about the applicable delivery rates for his/her order.

 

3.7 – Shipping costs

Shipping costs are invoiced to the Customer and depend on parcel weight (packaging and gift wrapping excluded), on delivery place and on the carrier or on transportation mode chosen.

They are indicated to the Customer before the registration of the final order.

Shipping costs may be occasionally offered free of charge during promotional marketing offers by FRANCOIS TAPIEZO.

Shipping costs may be consulted on FRANCOIS TAPIEZO website at "Delivery and shipping" section.

3.8 – Discounts and gifts

Only one single discount (for example a promo code) is granted per order.

When purchasing a Product in multiple quantity, the discount applies only to the first product, unless otherwise specified in the promo code or discount notice sent. The same applies to the products offered (a single gift or a pack gift per Customer).

If an IT problem causes a duplication of the discounts or gifts, the invoice will be blocked until payment is adjusted or the order is cancelled.

The gifts offered depend on the products bought.

The gifts are listed on Product pages concerned or in the personalized offer delivered to the Customer.

Discounts, promo codes, gifts or vouchers are available within the limits of the expiration date mentioned either on FRANCOIS TAPIEZO website, either in the mail or email attached to the description of the special offer, and within the limits of the available stocks.

The Customer cannot claim any discount or compensation in the event that he/her refuses the gifts offered, as FRANCOIS TAPIEZO pays for all costs relating to these gifts, including shipping costs.

Gifts are neither guaranteed nor may they be returned or changed.

 

3.9 – Order confirmation

An email is automatically sent to the Customer in order to confirm that the order is taken provided that the email address indicated in the registration form does not contain any errors.

FRANCOIS TAPIEZO does not send any order confirmation by regular mail or telefax.

 

3.10 – Anti-fraud investigations

In order to avoid fraudulent use of payment modes, Customer account, delivery address and in order to ensure a better security to Customers transactions, FRANCOIS TAPIEZO performs controls on the orders placed by his Customers.

Within the framework of these investigations, The Customer may be asked to pass on administrative documents such as : Proof of identity and/or Proof of Address (fixed line telephone bill, gas/electricity/water bill, …), and for companies : KBIS extract (company registration certificate) which must be less than 3 (three) months old.

Within the framework of these investigations, if the Proof of Identity documents are not sent or if the documents sent cannot establish with certainty the identity of the order's author and the reality of the domiciliation, the order will then be cancelled as of right.

In that case, compensations corresponding to these orders cannot be completed unless a certain number of necessary checks to identify the order's payer will be done.

Therefore, a credit card payment will be paid back only and directly on the Customer's bank account. For lack of new address proof, a refund by cheque will be sent only at the address given on the checkbook.

 

4. Order cancellation

 

4.1 – Right of withdrawal

In accordance with Article 121-20-1 of the French Consumer Code, the Law guarantees to the Customer the right to withdraw within 7 days after having received the order.

This right applies only when the Customer has received his/her order and wants not to keep one, several, or all the Products ordered within 7 days after delivery.

Some Products and Services cannot be subject to withdrawal right in accordance with Article L 121-20-2 of the French Consumer Code, which presents the restrictive conditions extended to the possibility of order cancellation.

Particularly :

• services supply whose fulfilment begun by the Consumer's agreement before the end of 7 clear days period

• products supply made in accordance with the specifications or definitely personalized, or which, due to their nature, cannot be returned or which are likely to deteriorate or expire rapidly (such is the case for non-standard products as defined above).

In addition to these conditions, complementary services which would have been made at the day of cancellation, such as installation, return of the old item or assembly, cannot be subject to cancellation nor withdrawal.

Old items took within the framework of these services cannot be as well returned, since they are subject to return to specialized companies.

 

4.2 – Refund and exchange conditions

The right or the possibility to exchange or refund applies only insofar as the Product is returned in perfect resale condition, re-packed in its original packaging, complete and without any evidence of impact, malfunction or obvious use.

FRANCOIS TAPIEZO reserves the right to refuse this exchange or refund if the Products returned do not fulfil these conditions.

 

4.3 - Exchanges

The exchange request shall take place within 7 days from the day of receipt of the Product concerned.

If the new Product reference asked in exchange is more expensive, the Customer shall first pay the difference amount before the new Product is shipped.

Conversely, if the amount is inferior to the initial one, the Customer's account on FRANCOIS TAPIEZO website will be credited with the difference.

The new Product shipping will only take place after returning the exchanged.

If shipping costs associated with the replacement Product are superior to the order's initial shipping, FRANCOIS TAPIEZO may request the client a contribution to shipping expenses.

 

4.4 – Restocking fees

The Customer benefits from the possibility to exchange with return of merchandise at his/her expense, in perfect condition and in its original packaging.
The reimbursement made by FRANCOIS TAPIEZO covers the total sum less the restockage fee fixed at 20% of the product's total cost.

If this reduction is inferior to 10 euro, a restocking lump-sum of 10 euro is applicable to cover notably data entry and product re-labelling works.

These sums are deducted by reducing the reimbursement or, should this happen, directly by FRANCOIS TAPIEZO to the client.

 

4.5 – Return conditions

FRANCOIS TAPIEZO gives the Customers the possibility to cancel the order at any time.

• If the order has not already been shipped : the cancellation is immediately taken into account by FRANCOIS TAPIEZO without further proceedings.

• If the order has already been completely or partially shipped, FRANCOIS TAPIEZO takes into account the cancellation of the unshipped Products.

Regarding shipped Products, the Customer may refuse the parcel that has been already shipped when it arrives.

In this case, cancellation will be taken into account when the Products are returned to FRANCOIS TAPIEZO warehouse.

In these two cases :

• The Customer shall contact FRANCOIS TAPIEZO Sales department to notify the cancellation. In order to avoid cancellation by another person, different from the Customer, a written confirmation will be asked to the Customer, either by email, telefax or regular mail.

• The possibility of cancellation after shipping involves costs for FRANCOIS TAPIEZO; therefore, FRANCOIS TAPIEZO retains the right to invoice the Customer management and cancellation costs.

• Shipping costs are at Customer's expense. In case of partial cancellation, reimbursement of shipping costs cannot be claimed, since these costs are flat-rate contributions for the total order.

• If the order is completely cancelled and no parcel has been shipped, the Customer will be fully reimbursed for the shipping costs.

• Reimbursement takes place at the latest 30 days after exercising cancellation right if the order has not been shipped, and, if the order has been shipped, at the latest 30 days after returning the parcel at our warehouses.

• In case of cancellation after shipping and before receipt by the Customer, and if the Customer wants to get a credit usable on FRANCOIS TAPIEZO website, shipping costs may then be included in in the credit amount.

This credit in the form of vouchers has to be used within a limited period of time.

If the Customer cannot place an order during this period, the credit reimbursement may take place on Customer's demand, without the reimbursement including shipping cost.

 

4.6 – Withdrawal process

• FRANCOIS TAPIEZO advises the Customer to FRANCOIS TAPIEZO Sales department to notify a prior cancellation to any shipment of Products, indicating the Product(s) concerned.

In order to avoid cancellation by another person, different from the Customer, a written confirmation will be asked to the Customer, either by email, telefax or regular mail. This prior contact is intended to inform the Customer about the return process as well as the documents enclosed to the return parcel to allow traceability and ensure a safe return.

• Return costs are at Customer's expense

• In case of total withdrawal of the order, shipping costs are reimbursed to the Customer. In case of partial cancellation, reimbursement of shipping costs cannot be claimed, since these costs are flat-rate contributions for the total order.

• For voluminous products (furniture, large electrical appliances, bedding), by contacting Sales department,

FRANCOIS TAPIEZO may organize the return upon appointment arranged with the delivery man chosen by FRANCOIS TAPIEZO.

All costs incurred by such return are generally at Customer's expense. Nevertheless, FRANCOIS TAPIEZO shall ask the Customer only a contribution to return costs, especially in case of exchanges.

These conditions shall be discussed with FRANCOIS TAPIEZO Sales department.

• Reimbursement takes place at the latest within 30 days after exercising right of withdrawal, as parcels' re-shipping was done previously.

 

5. Payment

 

5.1 Means of payment

When a Customer is a private individual, he/she can pay the order by :

• Bank transfer (all necessary information to the transfer are provided on FRANCOIS TAPIEZO website when choosing the payment mode or may as well be given to the Customer for other payment modes ;

• Cheque or money order payable to FRANCOIS TAPIEZO ;

• using PayPal services available on the website

The Customer ensures FRANCOIS TAPIEZO that he/she has the potential requisite authorization to use the payment mode he/she chose.

 

5.2 Invoices

The order form the Customer made online as well as the order confirmation sent by email to the Customer by FRANCOIS TAPIEZO do not constitute the invoice.

Whatever means of order and payment are chosen, the Customer has the original invoice on his/her follow on-line account.

FRANCOIS TAPIEZO keeps an electronic copy of every invoice.

In case of delivery at a different address from the invoice address, the invoice is in all cases available only on the online tracking on Customer's account; therefore, it is not enclosed to the parcel.

 

5.3 Date of payment

In case of payment by bank transfer in one instalment, the Customer's account will be debited with the amount of his/her purchases when the payment is validated.

In case of payment by cheque, the cashing is made on receipt of the cheque, in this way notifying the Customer's order validation.

 

5. 4 – Late payment

In case of refusal of a cheque or any other means of payment by the collecting bank, it is up to the Customer to contact Customer service in order to pay his/her order by any means of payment.

5.5 – Transfer of ownership

FRANCOIS TAPIEZO remains owner of the Products delivered until full payment by the Customer.

The provisions above do not preclude, from the Products delivery to the transfer to the Customer, risks of loss or deterioration of Products subject to reservation of title, nor any damages they may cause.

 

6. Delivery

 

6.1 – Shipment time

• Orders made online via FRANCOIS TAPIEZO website are collected every morning from Monday to Friday.

FRANCOIS TAPIEZO handles throughout the day all the orders registered the day before until collecting time end.

Order preparation may generally last up to 5 days including especially order processing, products preparation, packaging and invoice before shipment of available Products; this time takes effect at the order's date as defined in paragraph "Date of Order" .

Nevertheless, depending on the means of payment chosen, the limit time may vary.

• For bank transfers, the time is increased due to processing and validation time by the bank (about 5 working days) ;

• For payments by cheque, the 5 working day period begins at the date of receipt of payment by FRANCOIS TAPIEZO.

FRANCOIS TAPIEZO informs his Customers that the time limits do not include Saturday, Sunday or public holidays.

The time limits specified in the examples above do not take into account potential controls to avoid fraud as mentioned at paragraph "Anti-fraud investigations".

Shipping time always takes effect at the Date of Order mentioned above.

If only some of the Products ordered are available, FRANCOIS TAPIEZO may be lead to split the shipment.

Therefore, Products already available may be shipped first, the balance of the order being shipped once the Products are available, without any extra costs for the Customer.

An email is automatically sent to the Customer when the Products are shipped under the condition that the email address indicated in the registration form does not contain any errors.

 

6.2 – Transport time

Transport time depends on the carrier chosen by the Customer.

This option is defined when the Customer chooses the means of transport or the carrier at the end of order online process, before validating the order. The time limits mentioned do not include Sunday or public holidays.

Transport time may be consulted on FRANCOIS TAPIEZO website at paragraph "Delivery and shipment".

 

6.3 – Delivery time

The time limits listed on Product sheets are only indicative shipment time limits (see paragraph "Products availability").

Therefore, delivery time may be as follows :

• If the Products are available, delivery time is equal to shipment time (see paragraph Shipment time) plus transport time (see paragraph Transport time) ;

• If the products are not available, to shipment and transport time is added the delivery time of FRANCOIS TAPIEZO's providers.

Providers delivery time are included in the shipment time mentioned on Product sheets on FRANCOIS TAPIEZO websites.

This delivery time becomes effective for sales made on FRANCOIS TAPIEZO website when orders are collected, at the end of the period of the sale concerned.

If it turns out that the shipping time cannot be respected, a new time limit will be given to the Customer, depending on the data known by FRANCOIS TAPIEZO.

In this case, a cancellation proposal will be made as well to the Customer.

If, besides that, the payment has already been registered for specific means of payment, a reimbursement proposal will be sent as well to the Customer altogether with the cancellation proposal.

 

6.4 - Packaging

Products are packaged in order to obey present transport regulations and to ensure as well optimal protection for Products delivery.

The Customer is asked to obey these same regulations in the event of returning a product, whether it is for an after-sales service or a return for personal reasons.

Any damaging noticed of a product at return due to non-compliance to packaging procedure problems may lead to partial reimbursement or no reimbursement at all of the product if it is impossible to re-sell the product as it is or if the technical problem mentioned has aggravated.

 

6.5 – Order tracking

The Customer has the possibility to check the order status at any time on FRANCOIS TAPIEZO website by consulting his/her account.

This track allows the Customer to know the status in processing the order as well as shipment or parcels delivery status.

This last delivery status is made by carriers means of Internet interface.

Therefore, FRANCOIS TAPIEZO cannot be held responsible for unavailability, errors which might affect the information provided by the carriers.

Nevertheless, FRANCOIS TAPIEZO tries to give as clear information as possible and to ensure that the transport with its carriers is as reliable as possible.

The Customer may contact at any time FRANCOIS TAPIEZO Sales department in order to get information about his/her order track.

 

6.6 – Delivery services

FRANCOIS TAPIEZO makes available to the Customers several delivery modes or different carriers.

These delivery modes may be consulted more precisely on FRANCOIS TAPIEZO website at "Delivery" section.

However, FRANCOIS TAPIEZO reminds the clients that :

• Delivery address (which may be different from the invoice address) must be correct and must include all necessary information to a safe delivery;

• For a delivery on appointment, the Customer must clearly give a home/mobile phone number where he/she can be easily reached ;

• For a cumbersome material delivery, it is the Customer's responsibility to ensure that the delivery site, floor or place is accessible and inform about it FRANCOIS TAPIEZO or the carrier at the time of making the appointment.

If the delivery cannot be made for accessibility reasons, FRANCOIS TAPIEZO cannot be held responsible.

• Any error in the delivery address, delivery site, place accessibility, phone number for making the appointment, Customer's absence at the appointment fixed, or any problem leading to the necessity of making a new delivery be subject to invoicing at the actual costs of the new delivery, inwhich case the new delivery will be made only after payment of the additional costs.

Customer's responsibility for verifying the parcel at receipt

FRANCOIS TAPIEZO reminds the Customer that it is his/her responsibility to inspect the parcels at receipt in presence of the delivery man and report any anomaly (shocks, parcel damaging, delivery date non-compliant with normal deadlines to delivery service, …).

If such comments are not specified on the delivery note presented to the Customer by the carrier, no complaint relating to the parcel(s) status can be accepted a posteriori by FRANCOIS TAPIEZO.

 

7. Warranty

 

7.1 – Defects at delivery

In case of delivery delay compared to delivery times announced by the carriers, the Customer must first contact the carrier or the distribution office in the case of the Post office.

In all cases of considerable delay, the Customer shall contact FRANCOIS TAPIEZO in order to open a dispute or investigation file to make searches for the parcel.

Sometimes parcels are mislaid by carriers.

The time limits imposed by carriers imply that the Customer declares the loss within 10 days after receiving the shipment notice by FRANCOIS TAPIEZO.

Under these circumstances, FRANCOIS TAPIEZO takes care of the necessary complaints to the carrier concerned.

If the parcel cannot be found, FRANCOIS TAPIEZO would make a new delivery of the same Product (according to availability time) or would propose to reimburse the Customer.

 

7.2 – Damaged packages

The Customer shall check in front of the carrier the parcel's condition and emit the necessary comments on the delivery note if there is partial or complete deterioration.

Since there are no remarks, the merchandise is reputed to be of good quality by the Customer and cannot be subject to dispute regarding its delivery.

After emitting remarks, the Customer shall notify Customer service the Customer service within 48h by email so that FRANCOIS TAPIEZO may take necessary measures as soon as possible, regarding both the product's return at the warehouse and a new delivery.

If there is no notification, FRANCOIS TAPIEZO cannot be held responsible if it takes a long time to carry out a new delivery.

 

7.3 - Strikes

In case of Post office services strikes, carriers or any exceptional event slowing down or preventing parcels delivery, FRANCOIS TAPIEZO will put everything in action to inform the Customer about the parcel delivery status, but FRANCOIS TAPIEZO cannot be held responsible for any delay caused.

 

7.4 – Contractual guarantees

Some categories of Products sold on FRANCOIS TAPIEZO website are contractually guaranteed by their respective manufacturers.

An equipment's warranty duration is mentioned on its Product Sheet.

The contract of guarantee is concluded between the Customer and the manufacturer through the act of purchase, the purchase invoice and the manufacturer's guarantee certificate are taken as proof.

The duration of this contractual guarantee and its application conditions vary according to manufacturers : The Customer shall carefully read and keep the warranty certificate which is included in the appliance packaging.

Furthermore, the duration of guarantee and related restrictions are mentioned on Product presentation sheet on FRANCOIS TAPIEZO website.

In all cases, the Customer who wants to assert the warranty right of a Product shall first contact FRANCOIS TAPIEZO's Sales department where he/she will get information on the procedure to be followed.

The Customer shall then contact the After-sale department of the trademark concerned to take care of the demand.

The Customer shall keep the FRANCOIS TAPIEZO purchase invoice made available for download on Customer account.

 

7.5 – Legal warranty

Notwithstanding the specific guarantees, FRANCOIS TAPIEZO informs the Customers that they dispose, for all Products, of legal warranty against latent defects according to Article L211-1 of the French Consumer Code which includes articles 1641 to 1648 of Civil Code.

This warranty allows the Customer who proves the existence of the latent defect to obtain, on choice, either the price refund upon Product's return or only a partial price refund without the Product's return.

 

 

8. Signature, data protection, payment security

 

8.1 – Nominative and personal data

FRANCOIS TAPIEZO informs the Customers that the nominative and/or personal data processing has been declared to the CNIL, the French data protection authority.

FRANCOIS TAPIEZO websites visitors or customers have the right to access, modify, rectify and remove data about them in accordance with Article 34 of the French law "Computers and civil liberties" of January 6^th 1978.

During Customer or order registration, or upon other specific operations, FRANCOIS TAPIEZO suggests the visitors or Customers to receive the newsletters, promotional offers, and/or to subscribe in order to be kept informed about FRANCOIS TAPIEZO's "event sales".

The visitor or Customer may modify at any time the subscription through his/her personal account, or by clicking the hypertext link at the bottom of the offers page received by email.

FRANCOIS TAPIEZO may also suggest the visitors or Customers to receive promotional offers from the partners. FRANCOIS TAPIEZO reserves the right to collect data about the Customer also through cookies.

FRANCOIS TAPIEZO may communicate to commercial partners visitors' or Customer's identity and contact details for commercial purposes.

FRANCOIS TAPIEZO offers explicitly the possibility to the visitor or Customer to oppose to disclosure of these personal data and may modify his/her choice at any time on FRANCOIS TAPIEZO website or by contacting FRANCOIS TAPIEZO Sales department.

FRANCOIS TAPIEZO submits effectively to take into account, as soon as possible and depending on the required process, the subscription's modifications and partial or total unsubscription to commercial emails sent by the company for its websites or partners websites.

 

8.2 – Intellectual property rights

All contents on FRANCOIS TAPIEZO websites, whether visual, graphic, video or audio including underlying technologies used, are protected by copyright, trademark rights or patents.

They are the sole property of FRANCOIS TAPIEZO company.

Any person who has an Internet site and wants to put on his/her website a simple link pointing directly to FRANCOIS TAPIEZO's websites shall ask FRANCOIS TAPIEZO for permission to do so.

A permission given by FRANCOIS TAPIEZO will not represent in any case an implicit affiliation agreement and will not be in any case given on a permanent basis.

On request by FRANCOIS TAPIEZO, this link shall be removed.

Any hypertext link pointing to FRANCOIS TAPIEZO websites and using techniques such as " framing " or " inline linking " is strictly prohibited and will be subject to claim and furthermore to compensation for the harm suffered by FRANCOIS TAPIEZO.

 

8.3 – Full Conditions of use

A law, regulation or court decision change rendering null and void one or several clauses of these Conditions shall not affect the validity of the present Conditions.

Such change or statement cannot in any case allow the Customer not to respect these Conditions.

If one condition would not be explicitly mentioned, it would be regarded as governed by practices in force in home shopping area for companies that have their headquarters in France.

 

8.4 – Duration and application

The present Conditions are applicable to any purchase made on FRANCOIS TAPIEZO website as well as FRANCOIS TAPIEZO store.

The present Conditions, that are precisely dated, can be modified at any time by FRANCOIS TAPIEZO.

The applicable Conditions are the ones in force at the order's registration date.

The last modification date of the present General Terms and Conditions of Sale appears at the bottom of the present Conditions page.

 

8.5 – Territorial application of Law

The Customers who order in English via FRANCOIS TAPIEZO website, are considered as purchasing in France. Therefore, they are subject to French Law and competent courts designated by the latter.

If the Customer is a professional who places the order as part of his/her professional activity, in case of dispute and failing an amicable settlement between the parties, the jurisdiction will be administered by competent courts.

 

Last updated : June 10^th 2013