General terms of sale
Article 1. Introduction
The following clauses constitute a contract which establishes
the general terms of the distance sale of pieces presented on
ceramicscollector.com. The ordering procedure implies your entire
and irrevocable respect of the general terms of sale presented
below.
Article 2. Who are we?
Ceramics Collector, 77 av Paul Doumer, F-75016 Paris, France
Tel / Fax : 33 (0)1 40 72 68 19
E-mail : contact@ceramicscollector.com
Article 3. Information about the pieces presented on-line
A specialist in ceramics, partner of Ceramics Collector, establishes
a detailed description of the pieces presented on-line. The name
of the expert in charge of the authentication and description
of the pieces is mentioned on the details of the piece section
(under "Piece presented by : ").
The photographs of the pieces are indicative and cannot be formally
taken into account in the present contract.
Article 4. Ceramics Collector's role and rights
ceramicscollector.com is a website offered by Ceramics Collector,
to allow sellers to present pieces for sale.
Ceramics Collector reserves itself the right to intervene on
the site at anytime for the non-exhaustive reasons described below.
4.1 Control of the content:
- Ceramics Collector has the right to control any content on
the site;
- Ceramics Collector can cancel the sale of a piece on the basis
of valid legal, technical or economic reasons;
- Ceramics Collector can cancel any sale as long as it has not
been confirmed by Ceramics Collector, as described in the article
"Confirmation by e-mail". In the case of a sale being
cancelled, Ceramics Collector will not be held responsible by
the buyer or a third party.
4.2 Removal of a piece:
- Ceramics Collector has the right to remove any piece at anytime,
as long as the sale has not been confirmed by Ceramics Collector
as described below in the article "Confirmation by e-mail";
- In the case of a piece being removed, Ceramics Collector will
not be held responsible by the buyer or a third party.
4.3 Misuse of the site:
Ceramics Collector has the right to suspend or end access to
a buyer who either breaches, or seems to breach one of the clauses
of the present agreement, or uses the site improperly.
4.4 Stolen pieces or fraud:
If a user judges that a piece offered for sale on-line breaches
the legal rights of a third party or was stolen, he must immediately
contact Ceramics Collector, at the following address: contact@ceramicscollector.com
Article 5. Order
5.1 Ordering registration
The automatic recording systems of the site are considered to
be a valid proof of the contract of sale and of its date. Our
service is offered to any person legally entitled to contract
in accordance with the applicable law. Minors in particular are
not allowed to access our services.
The buyer must first become a member of Ceramics Collector in
order to be able to buy the pieces presented on-line. During the
buying procedure, the buyer has to provide personal information
(identity, address, telephone number and e-mail address). The
buyer must provide exact, valid and reliable information, which
is necessary for the order, payment and delivery processings.
A click on "OK" at the end of the ordering procedure
implies that you fully accept and without any restrictions the
order and all the present general terms of sale. The data registered
by Ceramics Collector will give evidence of all the transactions
done by the client.
5.2 Price
The transport, packaging and insurance charges are not included
in the price of the pieces indicated on-line.
The transport and packaging charges depend on the size and destination
of the piece. All the pieces are insured "ad valorem".
The client is exclusively responsible for the customs duties
and formalities connected to the delivery. The client must check
the terms of the importation of pieces in the country of delivery.
5.3 Order confirmation by e-mail
Ceramics Collector will confirm the order to the buyer by e-mail
to the given address. The sale will only be concluded once the
order is confirmed.
Ceramics Collector can cancel an order in the case of previous
litigation with the client.
5.4 Order processing
Should a piece be unavailable (for example in case of various
simultaneous orders), the buyer will be informed as soon as possible
and his order will be cancelled without any possibility for him
to claim indemnity. The deposited money will be refunded.
Article 6. Payment
It is specifically stipulated that Ceramics Collector will not
take the order into account in case of non-payment.
Different methods of payment, offering you maximum security guarantees,
are at your disposal:
- Credit card (Visa, Eurocard/Mastercard)
The order is validated through the credit card number and expiry
date. This validation implies the obligation for the buyer to
pay the price inclusive of all taxes of the order. All the payments
on-line are secured by the SSL data encryption.
- Cheque, eurocheque or bank transfer
In this case, the order is only valid once the cheque is cashed.
All the payments are made in euro.
The user may be given the price of the piece in another currency,
but this price is only given as an indication : the transaction
is based on the price in euro.
In case of non-payment, especially if the bank refuses to honour
the transaction or if there is a non-payment order from the client,
before or after the conclusion of the transaction, Ceramics Collector
will be able to terminate the sale ipso jure without any notice,
and will be able, if the occasion should arise, to demand the
restitution of the piece, at the client's expense. Regarding the
applicability of the present paragraph, it is clear that the cases
of non-payment order accepted will be the same as those admitted
by the bank that issued the bank or credit card.
Article 7. Delivery
The Ceramics Collector company cannot be responsible for a delay
in the delivery.
The delivery is effective only once the order has been validated
and paid by the client. The bank payment centres will previously
have given their payment agreement. In case of refusal, the order
will automatically be cancelled.
The pieces will be delivered directly to the buyer or another
person named, at the address mentioned on the order form. A validated
order form implies the receipt of the ordered pieces. Should you
be absent, a non-delivery notice will tell you where to get the
parcel, or will invite you to take a second appointment.
Goods always travel at the consignee's own risk, but the parcels
are insured "ad valorem" (up to the value of the purchase).
Before signing the delivery form, you must check the conformity
of the delivered goods, and mention any anomaly concerning the
delivery, by writing and signing your remarks on the delivery
form. It is up to you as well to confirm those reserves to the
carrier at the latest within two working days after you have received
the piece, and to transmit a copy of your letter to Ceramics Collector.
The damaged piece will have to be returned within two working
days following the delivery. Any claim formulated after this deadline
will not be accepted.
Article 8. Retraction rights
If the piece does not please the buyer, it may be returned at
his/her expense within 15 days, in its original package, with
the invoice enclosed. The piece must be in the same condition
as when it was delivered. This 15-day notice starts when the consignee
receives the piece. The piece will then be entirely refunded,
except for the transport, packaging and insurance charges.
The buyer has to contact Ceramics Collector in order to get detailed
information about the returning instructions.
The piece will have to be returned in strictly similar conditions
to that of its delivery, in perfect condition and in its original
package. The buyer will have to pay in advance the transport of
the piece and the "ad valorem" insurance for which he/she
is responsible. The buyer will have to contact the carrier who
initially delivered the piece. The buyer is reponsible for the
payment of these expenses and of all additional costs linked to
the returning of the piece. The refund will be effective within
15 days or less, after the receipt of the product by Ceramics
Collector. Either your bank account will be credited, or a cheque
made to the order of the client who ordered will be sent to the
billing address.
After this 15-day notice, no refund will be possible.
Article 9. Property transfer
The property transfer of the products to the buyer will only
be done after complete payment of the price, independently of
the delivery date of the products.
However, the passing of the risk of product loss and damage will
be effective from the delivery and the receipt of the products
by the buyer.
Article 10. Legal liability
10.1 Fortuitous event
Neither the buyer nor Ceramics Collector are responsible in case
of loss, damage, delay or non execution of all or part of the
present contract, as a consequence of a fortuitous event or act
of God, that does not result from a negligence of one of the parties.
These fortuitous events include non -exhaustively: acts of God,
strikes, lock-outs, riots, acts of war or terrorism, earthquakes,
fires and explosions, acts of the government, floods or disconnections
in telecommunication or electricity networks.
10.2 Limits of liability
Should the liability of Ceramics Collector be involved as a consequence
of the present activity, it will not exceed the value of the commission
received by Ceramics Collector on the total sale price paid by
the buyer. The liability of Ceramics Collector will not be involved
in case of breach of the laws of the country of delivery. It is
your responsibility to check with the local authorities the legislation
about the importation and use of the products you wish to order.
Article 11. Security and privacy of your personal information
Ceramics Collector requests that the buyer provides personal
information in order to offer a service adapted to the buyer's
needs and to ease the processing of his/her order. This on-line
data is registered in a secured server and is for the exclusive
use of Ceramics Collector.
The bank details of the client (credit card number, expiry date)
are encrypted by the SSL system. They cannot be accessed by a
third party.
In compliance with the law "Informatique et Libertés",
the processing of personal information is specified in a declaration
of the Commission Nationale de l'Informatique et des Libertés
(CNIL). The buyer has the right to access, modify, rectify and
cancel this information concerning him (article 34, law of January
6, 1978). In order to do so, please contact Ceramics Collector.
Article 12. Intellectual property
All texts, photographs, illustrations, works, images, audio and
video records, animations, logos, and other elements or creations
reproduced on ceramicscollector.com are protected by copyrights,
trademarks of products or services or other intellectual property
rights of Ceramics Collector or of a third party.
Electronic copies and printed texts and images presented on ceramicscollector.com
are only for private, non commercial use, within the limits of
the legal exceptions provided by the applicable intellectual property
rights the user must previously take note of.
Any other use of the elements provided on the site, such as reproduction
for other purposes, modification, distribution or new edition,
without a previous written authorisation from Ceramics Collector
is strictly forbidden.
Article 13. Additional clauses
13.1 Full agreement
The present contract involving other rules that Ceramics Collector
could adopt or modify constitutes the full agreement concluded
by the parties with regard to the under contract object, and prevail
upon any previous written or oral agreement between the parties.
In case of an interpretation or contradiction problem between
the different applicable rules, the general terms of sale will
prevail upon any other document available on the site.
13.2 Modifications
Ceramics Collector reserves the right to amend or modify at anytime
the general terms of sale, by adding amendments or modifications
on the information page of the site. These modifications and amendments
include in particular (but not in an exclusive way) the modifications
concerning the different fiscal regulations. The amendments and
modifications will be effective as soon as they are published
on the site, but they will not affect the sales of pieces concluded
before their publication on the site.
13.3 Interpretation rules
In case of interpretation problems between any title or any clause,
the content of the clause will prevail upon the title.
The clauses are independent from one another. Should one of the
clauses of the present agreement be without effect for any reason,
this would not affect the validity of the other clauses.
13.4 Renunciation
Ceramics Collector does not require the strict application of
one particular clause of the present contract. This cannot be
considered as a renunciation to the rights resulting from this
particular clause and from all the other rules in force.
Article 14. Applicable laws - Litigation
The present contract is governed by French law. Only the French
text of the present terms of sale is authentic. The translations
in other languages are only informative.
In case of a dispute, the French courts are to have sole jurisdiction.
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