GENERAL TERMS OF SALE OF "BY HANDS"
The www.bzbyhands.com site allows the Customer to order on-line products designed and made by the STUDIO BRICHETZIEGLER, Caroline Ziegler and Pierre Brichet, and marqueted under the brand BY HANDS (below " the Product(s) ") according to the present general conditions. The present general conditions (below called" General Conditions ") are exclusively reserved for the consumer Customers.
For the good understanding of the General Conditions, it is advisable to define the following terms:
Territory: indicates France except DOM / French Overseas Territories.
Users: indicates every person connecting on the site BY HANDS.
Customer: every user of the site BY HANDS wishing to make a purchase via the BY HANDS.
The website BY HANDS is managed by Pierre Brichet and Caroline Ziegler, co-managing partners of STUDIO BRICHETZIEGLER.
S.A.S STUDIO BRICHETZIEGLER
R.C.S. Bobigny 835 240 177 - Siret 835 240 177 00013 - intracommunity VAT FR 53835240177
E-mail contact: email@example.com
17 rue du Chemin de Fer
93500 Pantin - France
Telephone: 0033+9 81 02 22 76
ARTICLE 1 - SCOPES
All the commercial transactions made by our company is submitted to the general terms of sale which governs the contractual relations between every user of the site BY HANDS wishing to make a purchase via the site BY HANDS (below indicated the "Customer") and the STUDIO BRICHETZIEGLER company, whose head office is situated 17 rue du Chemin de Fer 93500 Pantin - France,
(below called "STUDIO BRICHETZIEGLER ").
At any time, STUDIO BRICHETZIEGLER can be brought to modify certain parts of the present General Conditions. In this case, only the current General Conditions at the time of the recording of the order will be applicable.
These modifications are valid from their on-line publishing on the site BY HANDS and will be applied to any orders made later.
The Customer declares to have read the General Conditions before processing to a purchase, and declares to have the legal capacity allowing him/her to conclude a contract according to the article 1123 and the following ones of the French Civil code.
ARTICLE 2 - PRODUCTS
Article 2.1 - Display
Products put on sale by STUDIO BRICHETZIEGLER on the site BY HANDS (below called "Products") are described by their essential characteristics on an individual product sheet. They also have a display by photos, worthless contractual.
Products are designed, drawn and hand-made by STUDIO BRICHETZIEGLER, Caroline Ziegler and Pierre Brichet, with the exception of certain elements subcontracted to our suppliers, requiring know-how or equipment not being able to be assured by ourselves.
Article 2.2 - Variations
In spite of all the efforts of STUDIO BRICHETZIEGLER to represent and reproduce products in the best conditions, certain variations can exist.
All the indicated dimensions are as precise as possible given the hand-made nature and the manual manufacturing of products. Certain colours can vary in particular for the natural materials. The reproduction of colours and materials is as well faithful as possible according to the photographic processes and the processes of publication at our disposal.
STUDIO BRICHETZIEGLER cannot guarantee exact similarity, (in particular colours), this one depending partially on the quality of depiction of the colours of the computing equipment of every Internet user.
STUDIO BRICHETZIEGLER can add, modify or eliminate products, to ensure the best quality possible for his/her customers and a better service. STUDIO BRICHETZIEGLER reserves the right to modify a material, a finish, either a shape, and more generally the aspect of products, except any current order, or with the agreement written by the Customer if it is about a current order.
Article 2.3 - Limited Series
The products BY HANDS are exclusive, punched and numbered limited series. The number of items by series is announced in the description.
For every product, 3 additional copies called "prototypes", and 2 artists' copies are realized and remain the property of STUDIO BRICHETZIEGLER. They do not enter into the number of items by series.
To guarantee to his/her Customers the exceptional nature of these items, STUDIO BRICHETZIEGLER cannot make copies beyond the number indicated for every series.
Article 2.4 - Original works
Certain products may have been already made as prototypes or realizations with other forms, and were already presented on the www.studiobrichetziegler.com website, as unique creations of the STUDIO BRICHETZIEGLER, it doesn't remove at all their exclusive nature for BY HANDS. Others are original works realized for BY HANDS; all are original works of the STUDIO BRICHETZIEGLER and were adapted for BY HANDS.
ARTICLE 3 - Orders
Article 3.1 - Orders on the Internet
To place an order on the site BY HANDS for the purchase of a Product, the Customer must:
- Be a holder of a bank card of current validity or an account PayPal.
- The Customer declares to have read the General Conditions before the signing of his order and recognizes that the validation of his/her order involves the acceptance of their terms.
- The Customer recognizes that the General Conditions are provided to him/her by a way allowing their preservation and their reproduction, according to the article 1369-4 of the Civil code.
To place the order, the Customer has to supply STUDIO BRICHETZIEGLER with the complete and right information concerning him/her such as it is asked him/her on-line and according to his/her situation, in particular his/her valid name, first name, address, telephone and e-mail.
An e-mail of confirmation, acknowledging receipt of the order and resuming all this information, will then be sent to the Customer as soon as possible.
The e-mail of validation of order means the acceptance by STUDIO BRICHETZIEGLER of the order of the Customer and so stands for the sale contract between the parties, according to the terms of the General Conditions. The Customer is responsible for the preservation of this e-mail of validation representing his copy of the sale contract. STUDIO BRICHETZIEGLER cannot be held responsible for the fact that this e-mail is erased by a device such as an "anti-spam".
The orders are placed on the Internet according to the following steps:
- The Customer fills in his basket of Products,
- The Customer is informed about the mode of delivery and about the amount of the expenses of delivery according to the location,
- The Customer accepts the General Conditions by validating his order,
- The Customer is redirected towards a page of Paypal and makes his payment request,
- The Customer gives the information concerning his address and phone number for delivery,
- The Customer receives an e-mail of validation of his order.
Article 3.2 - Orders out of the Internet
If however the Customer does not wish to use the devices of on-line payment proposed, STUDIO BRICHETZIEGLER agrees to take control directly, by check or by bank transfer.
For that purpose, thank you for contacting us directly by e-mail in firstname.lastname@example.org
It is specified that an order will be taken into account and validated only after reception of the bank transfer or the collection of the check. No order will be accepted and put in production before.
ARTICLE 4 - VALIDITY OF THE OFFER - AVAILABILITY OF PRODUCTS
Within the framework of a classic sale of a Product, the Customer can command any product represented in the online collection BY HANDS. Products presented by BY HANDS are available for sale within the limits of quantities defined for every limited series.
Every product is made to order, after validation of the payment. STUDIO BRICHETZIEGLER undertakes to make the product in the respect of the deadline indicated on the site.
ARTICLE 5 - PRICE
The prices of the Products indicated on the pages of the site BY HANDS correspond to the prices with taxes included applicable in the day of the order, except the contribution to the expedition costs.
STUDIO BRICHETZIEGLER reserves the right to modify the prices of Products presented on the site BY HANDS.
For more precision, it is advisable to define the following terms:
Price to pay: the price to pay is the price indicated on the site BY HANDS in the product sheet to which are added postal charges communicated during the order.
All the prices posted on the site BY HANDS are in Euro and are all taxes included (indicated "TTC" on the site BY HANDS).
Postal charges: postal charges are owed for every past order. The amount of postal charges is calculated according to the Product and the destination; the validation of the basket is automatically communicated and submitted to the approval of the Customer and is understood in the total price to be paid of the order. This indication remains however estimated and only the price held during the validation of the basket has contract value. However exceptions, such as difficulties of delivery or special modes of delivery, can engender additional costs.
Price changes: the prices can be modified at any time before the payment of the order by the Customer, without advance notice in particular in case of error, in case of change of fiscal or economic data. Items will be charged on the basis of the current price lists at the time of the recording of the order.
ARTICLE 6 - METHOD OF PAYMENT
Once the General Conditions were validated, the Customer proceeds to the payment of his order by PayPal. The Customer will have to have one of the following debit card or a credit card: credit card ®, MasterCard ®, AIMED ® and American Express ®.
The payment of the goods can be made by bank card for all the orders. At the time of the payment, the Customer is redirected towards a page of Paypal where he supplies the information relative to his bank card. The reception of a confirmation by STUDIO BRICHETZIEGLER validates the sale.
The completeness of the payment must be realized during the order. At no time the paid sums can be considered as a deposit or an advance.
STUDIO BRICHETZIEGLER keeps the property of the goods sold until the delivery of the good to the Customer or to the addressee indicated by the Customer.
As from the delivery, the risks of loss and deterioration of the goods bought as well as the damage which they could cause are thus transferred to the Customer or to the addressee.
ARTICLE 7 - SAFETY OF PAYMENTS
STUDIO BRICHETZIEGLER uses Paypal for the reassurance of means of payment.
STUDIO BRICHETZIEGLER has on no account access to the relative confidential information by means of payment which the Customer uses during the payment. That is why the account ID of the Customer will be asked him/her for every new order. Indeed, only Paypal has this confidential information which remains inaccessible to third parties.
Although STUDIO BRICHETZIEGLER uses Paypal, the information security and payments transmitted by Internet or via e-mail cannot be guaranteed.
STUDIO BRICHETZIEGLER could not be held responsible for damage resulting from the use of electronic means of communication.
ARTICLE 8 - DELIVERY
Article 8.1 - Methods of delivery
The shipping of Products is made on the French Territory (except DOM / French Overseas Territory) according to the following General Conditions:
For any order abroad or outside the Territory, thank you for contacting us before by e-mailing the following address: email@example.com
It is possible to organize a personal delivery for the Parisian Customers; in this case, postal charges will not be charged: firstname.lastname@example.org
The delivery is made by means of Colissimo, to ensure the safety of the transported parcel.
The Customer has to fill all the fields of the form of delivery at the time of the order with accuracy, among which its address and phone number of delivery and to indicate a phone number. Neither STUDIO BRICHETZIEGLER, nor the haulage company can be held responsible for an impossibility of delivery at the rate of an indistinctness or an error in the delivery address. The Customer has to verify the information which he supplies.
Article 8.2 - Delivery deadlines
The delivery deadlines indicated during the validation of the order are specific to every Product. Because of the constraints of manufacturing, these deadlines can vary and STUDIO BRICHETZIEGLER could not be held responsible for a delay in delivery of raw material, for a work accident during the manufacturing of products, or for the appearance of an exceptional event independent from our will. STUDIO BRICHETZIEGLER commits to hold the Customer informed about any delay in the manufacturing of the Product.
Article 8.3 - Additional costs
In case of impossibility of delivery because of inappropriate information, of difficulties of access or passage not indicated before by the Customer, new expenses of delivery can be charged by STUDIO BRICHETZIEGLER, which will get in touch with the Customer for the payment of these new expenses of delivery before any new delivery of the Product. In case of nonpayment of these expenses, STUDIO BRICHETZIEGLER reserves the right not to proceed to the delivery of the Product. The risks of damage resulting from these constraints will also be chargeable to the Customer.
Article 8.4 - Adjournment of delivery date, change of place of delivery
If the Customer wishes to modify the delivery address or to postpone the delivery date, he will have to warn STUDIO BRICHETZIEGLER at the latest seven ( 7 ) working days before date initially planned. To inform us about it, the Customer will have to contact us by e-mail at the following address: email@example.com. He will have to remind his number of order and the concerned Product. STUDIO BRICHETZIEGLER will confirm then its acceptance or its motivated refusal, by e-mail or phone as soon as possible.
Article 8.5 - Reception of the ordered products
During the delivery, the Customer will necessarily have to unpack the Product in the presence of the carrier and verify that the delivered Product corresponds well to his/her order and that no damage affects his/her Product before signing the delivery slip. This check is considered as made since the Customer, or every person authorized to receive the parcel on his/her behalf, signed the document of delivery. In case of anomaly, the Customer will have to register exactly the nature of his reserves on the delivery slip. These reserves must be handwritten, dated, detailed and accompanied with a signature on the delivery slip. The mention " damaged product " is, for example, not explicit enough. The Customer will have to inform the nature of the damage: scratches, bumps, stains, etc.
In this case, the Customer will necessarily have to refuse the Product and send us his reserves under five ( 5 ) working days by e-mail via the section "Contact" of the site of BY HANDS or by e-mail at the following address: firstname.lastname@example.org, and simultaneously by registered letter with recorded delivery at the address indicated below: Studio BrichetZiegler 17 rue du Chemin de Fer 93500 Pantin - France
Any complaint sent beyond these deadlines cannot be accepted. If the Customer does not emit reserves, the delivered Product is considered satisfying and can be the object of no later contesting. For example, the Customer can emit reserves neither with STUDIO BRICHETZIEGLER, nor with the carrier, after the departure of the carrier, even if the parcel was not opened in the presence of the latter.
Except the cases of defect of conformity or latent defects, no complaint and/or later reserve will not be admitted by STUDIO BRICHETZIEGLER, after reception of Products by the Customer, if the latter did not conform to the procedure described previously.
ARTICLE 9 - CANCELLATION AND RIGHT TO WITHDRAW
Article 9.1 - Cancellation
Given the type of production, and knowing the manufacturing made to order, no cancellation of order after validation and payment of this one on the site BY HANDS can be taken into account.
Article 9.2 - Withdraw
The right to withdraw applies only to the physical persons. According to the article L. 121-21 of the Consumer code, the Customer has a deadline of fourteen days calendar (14) to cancel his order, without having to give any motive. This deadline runs from the day of the order of the Customer, that is to say the conclusion of the contract. Any retraction will have to be beforehand indicated to email@example.com by means of a declaration without ambiguity or by letter at the address: Studio BrichetZiegler 17 rue du Chemin de Fer 93500 Pantin - France, sent before the expiration of the deadline of retraction.
This right to withdraw practises without penalty. In the hypothesis of the exercise of the right to withdraw, the Customer has the choice to ask either for the refund of the paid sums, or to order another product.
STUDIO BRICHETZIEGLER will proceed to the refund of the sums perceived for a maximum deadline of thirty (30) days according to the date of reception by STUDIO BRICHETZIEGLER of the request of retraction. Beyond this term, these sums are interest-bearing at the legal rate. Throughout the procedure, the Customer will be informed by e-mail of the reception of his will of retraction, and the repayment date.
ARTICLE 10 - GUARANTEED
Article 10.1 - Duration
Products are guaranteed by STUDIO BRICHETZIEGLER for one (1) year as from the reception of the Product by the Customer if he notices a defect of conformity on Products.
Article 10.2 - Latent defects
Without prejudice to his aforesaid right to withdraw, the Customer benefits on the Product of the guarantee of the latent defects such as planned in the article 1641 of the Civil code. This guarantee for latent defects applies only if the Customer proves that the defect which he found already existed before the product is delivered to him/her. It falls to the Customer to have the product evaluate at his/her expenses to obtain the proof of the existence of the latent defect.
Article 10.3 - Non-compliance
Besides, if the Product received by the Customer is not in compliance with the Product indicated within his/her order, this Product will be replaced or paid off, according to the wish expressed by the Customer and while stocks left.
The Customer will have to contact STUDIO BRICHETZIEGLER by e-mail via the section "Contact" of the site BY HANDS or by e-mail at the following address: firstname.lastname@example.org. He will also have to send to STUDIO BRICHETZIEGLER his request by registered mail with acknowledgement of receipt for the address Studio BrichetZiegler 17 rue du Chemin de Fer 93500 Pantin - France. He/she will describe the not corresponding character of the delivered Products and his/her choice between exchange and refund there. It is specified that the non-compliance must be significant with regard to the characteristics of the Product indicated on the site BY HANDS. It could not result from a light difference of tint or from color with regard to the posted photos which have no contractual value. It could either not result from small differences on the size or the weight of the products which are supplied for information purposes only.
Article 10.4 - Unusual Deterioration
In case of hidden vice or of unusual deterioration of the Product, The Customer will have to get closer to STUDIO BRICHETZIEGLER by e-mail via the section "Contact" of the site BY HANDS or by e-mail at the following address: email@example.com, or by registered mail with acknowledgement of receipt at the address Studio BrichetZiegler 17 rue du Chemin de Fer 93500 Pantin - France, to define with STUDIO BRICHETZIEGLER the nature of the coverage.
STUDIO BRICHETZIEGLER will verify that the defect indicated by the Customer is not the consequence:
- Of an abnormal use of the Product
- Of a wear or a normal ageing of the Product
- Of an accidental event possibly caused by the Customer or a third party.
Besides, the charges of sending and of return Products stay entirely chargeable to the Customer.
It is specified that STUDIO BRICHETZIEGLER is not responsible in case of use of products not in compliance with their use.
Article 10.6 - Taken care of the Product non-corresponding or damaged unusually
If the conditions above are respected, STUDIO BRICHETZIEGLER makes a commitment to repair the Product. If a repair is not possible, STUDIO BRICHETZIEGLER will suggest to the Customer replacing his Product while stocks last or paying off it.
The responsibility of STUDIO BRICHETZIEGLER can never be superior to the value of the article in cause.
ARTICLE 11 - INTELLECTUAL PROPERTY
The site BY HANDS and its contents, including in particular products presented on the site, the brand, the logo, the domain names, the graphics handwritings, the photos, the videos, and more generally all the presented elements are the property of STUDIO BRICHETZIEGLER and its partners, and cannot be reproduced without authorization of their holders.
Any use, reproduction or display of our products and contents such as defined in the previous paragraph without authorization is strictly forbidden, and constitutes an infringement of rights of intellectual property.
ARTICLE 12 - CONFIDENTIALITY
Article 12.1 - STUDIO BRICHETZIEGLER makes a commitment to respect the privacy of personal data communicated by the Customers on the Web site and to handle them in the respect of data protection acts of January 6th, 1978.
Article 12.2 - The Customer can exercise at any time his access right in the file, his right of opposition and his right of rectification or deletion for the information concerning him/her by sending his request by indicating address of e-mail, name, first name, mailing address: by e-mail at the address firstname.lastname@example.org
Article 12.3 - STUDIO BRICHETZIEGLER can apply technical means to obtain non personal information relative to the Internet users and intended to improve the feature of the site, for example by getting back the statistics of visits of its site.
Article 12.4 - Besides STUDIO BRICHETZIEGLER collects personal data such as name, first name, address and e-mail address that if the latter are voluntarily given to him/her by the Customer. The data which are so collected can only be used in commercial purposes proposed on the site BY HANDS.
ARTICLE 13 - GENERAL MEASURES
Article 13.1 - However for any reason one (or several) clauses of the present General Conditions came to be pronounced as, non-invocable, null and obsolete, illegal or not applicable because of a law, of a regulation or following a definitive decision of a competent jurisdiction, this modification could not question the validity, the legality, the applicability of the other conditions of the present General Conditions and will not exempt the Internet user of the execution of its contractual obligations.
Article 13.2 - The present General Conditions are accessible in a permanent way to the address on the www.bzbyhands.com site in an IT size allowing their printing and/or their downloading, in a way that the Customer can proceed to their reproduction or to their saving.
Article 13.3 - The present General Conditions are submitted to the French law as regards thorough content and form rules. Any dispute will have to be the object of a preliminary attempt of amicable settlement.
Article 13.4 - In the absence of amicable settlement, competence is attributed to the competent French courts.
Article 13.5 - In application of articles 1316 and following ones of the Civil code and, where necessary, the article L.110-3 of the Commercial law, the information delivered by the Web site are valid between the parties. Elements such as the moment of the reception or the broadcast, as well as the quality of the received data will be valid by priority such as representing on BY HANDS information systems, or such as authenticated by the procedures computerized by BY HANDS except for bringing the documentary and opposite evidence by the Customer. The reach of the proof of the information delivered by the computer systems of BY HANDS is the one which is granted to an original in the sense of a paper written document, signed in a handwritten way.