Terms and conditions

These general conditions of sale and use are concluded on the one hand by the company FRST, under the commercial name “Clémentine Giaconia Ceramics”, and whose head office is located at 5 rue Léon Delhomme, 75015 Paris, sarl to manager unique with Share Capital of €7,500, registered in the Paris Trade and Companies Register under the following SIRET number: 505 011 510 00037, represented by Madame Clémentine Giaconia as Manager, duly authorized for the purposes hereof. They apply exclusively between the company FRST, under the commercial name and hereinafter referred to as “Clémentine Giaconia Ceramics”, managing the site www.clementinegiaconia.com and any natural or legal person wishing to make a purchase via the website. www.clementinegiaconia.com hereinafter referred to as “the Buyer”, or the “Customer”.

Clémentine Giaconia creates useful and decorative ceramic objects by hand. All of these Products of the Clémentine Giaconia brand, managed by the company FRST under the trade name “Clémentine Giaconia Ceramics”, and these Services are marketed through its website: www.clementinegiaconia.com . The list and description of the products and services offered by Clémentine Giaconia can be consulted on the aforementioned site.

Article 1: object

These General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by “Clémentine Giaconia Ceramics”.

Article 2: General provisions

The Customer declares to be at least 18 years old and to have the legal capacity or to hold parental authorization allowing him to place an order on the Site.

These General Conditions of Sale (CGV) govern the sales of Products or Services, made through the Clémentine Giaconia Ceramics website, and are an integral part of the Contract between the Buyer and Clémentine Giaconia Ceramics. They are fully enforceable against the Buyer who accepted them without reservation before placing the order. Clémentine Giaconia Ceramics reserves the right to modify these terms at any time by publishing a new version on its website. The T&Cs applicable then are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. The Customer declares to have read all of these General Conditions of Sale, and where applicable the Special Conditions of Sale linked to a product or service, and to accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Client declares that he is able to legally contract under French laws or validly represent the natural or legal person for whom he is contracting. Unless proven otherwise, the information recorded by Clémentine Giaconia Ceramics constitutes proof of all transactions.

Article 3: Price

The prices displayed on our website are indicated in euros with all taxes included, excluding shipping costs, participation in order processing costs and packaging costs included.

Shipping costs, participation in order processing costs and packaging costs will be indicated in the Customer's basket, before final validation of the order.

Prices may be modified at any time, without notice and in particular in the event of a change in tax, economic or logistical data. Items will be invoiced based on the rates in effect at the time the order is placed. The telecommunications costs necessary for access to the website www.clementinegiaconia.com are the responsibility of the Customer.

The price of shipping costs for all destinations, France and International, is calculated in relation to the total weight of the order, including the ceramic objects ordered as well as all of the dedicated packaging and on the basis of the price list in force on the date of ordering the sending service chosen by Clémentine Giaconia Ceramics: Sendcloud. This price list can be consulted on the following internet page https://www.sendcloud.fr/tarifs-dentreprises/

Personal delivery is currently not possible at the workshop address.

For all products shipped outside the European Union and/or DOM-TOM, customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums do not fall within the jurisdiction of Clémentine Giaconia Ceramics. They will be entirely the responsibility of the Buyer and are his responsibility (declarations, payment to the competent authorities, etc.). Clémentine Giaconia Ceramics therefore invites the Buyer to inquire about these aspects with the corresponding local authorities. The telecommunications costs necessary for access to the Clémentine Giaconia Ceramics website are the responsibility of the Customer. If applicable also, delivery costs.

Article 4: Conclusion of the contract online

In accordance with the provisions of article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to be able to place their order: – Information on the essential characteristics of the Product; – Choice of the Product, where applicable, its options – Indication of the Customer’s essential contact details (identification, email, address, etc.); – Verification of the elements of the order (double click formality) and, if necessary, correction of errors. Before proceeding with its confirmation, the Buyer has the possibility to check the details of his order, its price, and to correct any errors, or cancel his order. Confirmation of the order will constitute the formation of this contract. – Then, follow the instructions for payment, payment for the products, then delivery of the order. The Customer will receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it. During the order process, the Customer will have the possibility of identifying any errors made in data entry and correcting them. The language proposed for the conclusion of the contract is English. The archiving of communications, the order, order details, as well as invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information may be produced as proof of the contract. For delivered products, delivery will be made to the address indicated by the Customer. For the purposes of successful completion of the order, the Customer undertakes to provide truthful identification elements. “Clémentine Giaconia Ceramics” reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason or in the event of a dispute with the Customer over a previous order.

“Clémentine Giaconia Ceramics” can accept orders while stocks last. It informs the Customer of the availability of the Products sold on the Site at the time of confirmation of the order.

If, despite the vigilance of Clémentine Giaconia Ceramics, the products are unavailable, Clémentine Giaconia Ceramics will inform the Customer by e-mail as soon as possible. The Customer may then cancel his order and be reimbursed, if applicable, the amounts already paid.

Permanent or temporary unavailability cannot in any way engage the liability of Clémentine Giaconia Ceramics, nor can it give rise to any right to compensation or damages in favor of the Client.

Article 5: Products and services

The essential characteristics of the goods, services and their respective prices are made available to the Buyer on the Clémentine Giaconia Ceramics website, as are, where applicable, the recommendations for use and maintenance of the product. In accordance with article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or any other appropriate process, of the prices and special conditions of sale and execution of the services before any conclusion of the sales contract. In all cases, the total amount owed by the Buyer is indicated on the order confirmation page. The selling price of the product is that in force indicated on the day of the order, this does not include the shipping costs invoiced in addition and detailed in article 3. These possible costs are indicated to the Buyer during the process. of sale, and in any case at the time of confirmation of the order. Clémentine Giaconia Ceramics reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the products or services are not executed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies having received details of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of Clémentine Giaconia Ceramics, its postal, telephone and electronic contact details. , and its activities in the context of this sale. Clémentine Giaconia Ceramics undertakes to honor the Customer's order within the limits of available Product stocks only. Failing this, the Customer will be informed; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Customer will be reimbursed.

The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The Buyer's attention is drawn to the fact that the products sold by Clémentine Giaconia Ceramics are all handcrafted and made by hand by a single person: their dimensions, colors and aspects may therefore differ slightly from each other. to published photographs and vary significantly from one copy to another within the same series. The validity period of the offer of Products as well as their prices is specified on the Clémentine Giaconia Ceramics website, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address provided).

Article 6: Compliance

In accordance with article L.411-1 of the Consumer Code, the products and services offered for sale through these General Terms and Conditions meet the requirements in force relating to the safety and health of people, the loyalty of commercial transactions and consumer protection. Regardless of any commercial guarantee, Clémentine Giaconia Ceramics remains liable for any lack of conformity and hidden defects in the product.

In accordance with article L.217-4, Clémentine Giaconia Ceramics delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, recommendations for use and/or maintenance when this has been his responsibility by the contract or has been carried out under his responsibility.

In accordance with legal provisions regarding conformity and hidden defects (art. 1641 c. civ.), Clémentine Giaconia Ceramics reimburses or exchanges defective, damaged or non-corresponding products to the order. Reimbursement can be requested in the following manner: the Buyer must send their reimbursement request by email to the following address: clementine.giaconia@gmail.com, describing the reason for their request and accompanying it with photographs illustrating of the non-compliance noted. Following receipt of his reimbursement request by Clémentine Giaconia Ceramics, the Buyer must return his order intact in its original packaging by postal parcel. Shipping costs for returning the order will be the responsibility of the Buyer. Within a maximum period of 30 days after receipt of the package, Clémentine Giaconia Ceramics will then reimburse the total amount of the order (products and “outbound” shipping costs).

Article 7: Delivery

Clémentine Giaconia Ceramics delivers your order in France and internationally to the address that the Customer indicated during the order process. The Customer then undertakes to transmit, when ordering, all the information necessary for delivery, with his e-mail and mobile telephone number to be contacted if necessary. Orders are posted within a week of the sale.

The products are delivered to the delivery address which was indicated when ordering and within the standard delivery times of the Colissimo and Mondial Relay postal service depending on the delivery destination. These deadlines do not take into account the order preparation time which takes place within 15 working days from confirmation of the order.

When the Customer orders several products at the same time, they may have different delivery times depending on their volume (example: in the case where all the products cannot be packaged together in the same package). Clémentine Giaconia Ceramics provides a contact point by email indicated in the order confirmation email in order to monitor the order. To allow the Customer to follow the progress of their delivery on a daily basis, a delivery tracking number will also be mentioned in the e-mail notifying that the package has been picked up by the postal services. It is up to the Customer to correctly enter their delivery address when concluding the sales contract. If the Customer provides an incorrect address and the package does not reach them for this reason, their order cannot be replaced or refunded. Clémentine Giaconia Ceramics points out that when the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to them. It is the Customer's responsibility to notify the carrier of any reservations regarding the delivered product.

Article 8: Availability and presentation

If an item is unavailable for a period of more than 30 working days, you will be immediately informed of expected delivery times and the order for this item may be canceled upon simple request. The Customer can then request a credit for the amount of the item or a full refund and cancellation of the order.

Article 9: Payment

Payment is due immediately upon ordering, including for pre-ordered products. For the purchase of a product on the website, the Customer can make payment by payment card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider Shopify payments. Secure payment in physical stores or during sales exhibitions is carried out by our payment provider SumUp. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their banking information during the sale, the Customer authorizes Clémentine Giaconia Ceramics to debit their card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or inability to debit the card, the sale is immediately automatically canceled and the order cancelled.

No cash on delivery will be accepted, whatever the reason.

Clémentine Giaconia Ceramics retains ownership of the item until full payment of the price by the Customer.

Article 10: Returns and refunds

Right to retract

In accordance with the provisions of article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of his order. The right of withdrawal can be exercised by contacting Clémentine Giaconia Ceramics by email at the following address: clementine.giaconia@gmail.com. We inform Customers that in accordance with the provisions of articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised if the products result from a custom order or if they bear significant signs of use making them unfit for sale. If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the shipping costs will be refunded, the return costs remaining the responsibility of the Customer. Returns of products must be made in their original condition and complete (packaging, accessories, instructions, etc.); If possible, they must be accompanied by a copy of proof of purchase. Within 30 days after receipt of the package, Clémentine Giaconia Ceramics will then reimburse the total amount of the order (products and “outbound” shipping costs).

Exchange and refund

Since the pieces are handcrafted, it is impossible to request an exchange: the pieces are all unique.

In the event that a part does not suit you, the law gives you 14 days after receipt of the order to request a refund.

In accordance with the law, Clémentine Giaconia Ceramics assumes the guarantees of conformity and relating to hidden defects of the products. Clémentine Giaconia Ceramics reimburses the Buyer or exchanges products that are apparently defective or do not correspond to the order placed. The refund request must be made as follows: following receipt of their refund request by Clémentine Giaconia Ceramics, the Buyer must return their order in good condition, in its original packaging by postal parcel. Shipping costs for returning the order will be the responsibility of the Buyer. Within 30 days after receipt of the package, Clémentine Giaconia Ceramics will then reimburse the total amount of the order (products and “outbound” shipping costs) via the same payment method as that initially by the Buyer or for another payment method on the proposal of Clémentine Giaconia Ceramics.

In the event that the parts arrive broken, with photographic proof of the condition of the package, the condition of the packaging, and finally the parts, an exchange may be requested.

Article 11: Guarantees and liability

Clémentine Giaconia has, for all stages of access to the site, from the ordering process to the shipment of the package or subsequent services, only an obligation of means.

Clémentine Giaconia Ceramics cannot be held liable for any inconveniences or damages inherent in the use of the internet network, in particular a break in service, an external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with the law and case law;

Your personal information, collected on our website, is only intended for Clémentine Giaconia Ceramics. This data is used to process your order and send our newsletter.

In accordance with Law No. 78/17 of January 6, 1978 relating to data processing, files and freedoms, you have the right to access, modify, rectify and delete data concerning you. To exercise this right, simply send us an email to: clementine.giaconia@gmail.com .

Article 12: Complaints and mediation

If applicable, the Buyer may submit any complaint by contacting Clémentine Giaconia Ceramics using the following contact details: by email at clementine.giaconia@gmail.com or by post to the company's head office: Clémentine Giaconia Ceramics, 5 rue Léon Delhomme, 75015 Paris. In accordance with the provisions of arts. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he can resort to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code. In the event of failure of the complaint request to Clémentine Giaconia Ceramics customer service, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will independently attempt to reconcile the parties with a view to obtaining an amicable solution.

Article 13: Termination of the contract

The order may be canceled by the Buyer by registered letter with acknowledgment of receipt in the following cases: — delivery of a product that does not conform to the characteristics of the order; — delivery exceeding the deadline set when ordering or, in the absence of a date, within 30 days following payment; — unjustified price increase or product modification. In these cases, the buyer may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.

Article 14: Intellectual property

Under no circumstances is the Customer authorized to download or modify all or part of the Site and in particular its content (products listed, descriptions, images, videos, etc.).

No transfer of intellectual property rights is made through these General Terms and Conditions.

This Site or any part of this Site must under no circumstances be reproduced, copied, sold or exploited for commercial reasons without the express written permission of Clémentine Giaconia Ceramics.

Generally speaking, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site will remain the full and complete property of Clémentine Giaconia Ceramics.

The Customer is therefore required to respect intellectual property rights and may not use the brands appearing on the Site and on the Products where applicable, or register a brand that would be detrimental to the rights holder, unless otherwise provided by contract.

The same applies to any other intellectual property right.

Article 15: Force majeure

The execution of Clémentine Giaconia Ceramics' obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent execution. Clémentine Giaconia Ceramics will notify the customer of the occurrence of such an event as soon as possible.

Article 16: Nullity and modification of the contract

If one of the stipulations of this contract were canceled, this nullity would not result in the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after written and signed agreement of the parties.

Article 17: Protection of personal data

In accordance with Regulation 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data, Clémentine Giaconia Ceramics implements processing of personal data which has for the purpose of selling and delivering products and services defined in this contract. The Buyer is informed of the following elements: the identity and contact details of the data controller and the data protection officer, as indicated at the top of these General Terms and Conditions; - the legal basis of the processing: contractual performance - the recipients or categories of recipients of the personal data, as well as any authority legally authorized to access the personal data in question - no transfer outside the EU is planned - the duration data retention: the period of commercial limitation - the data subject has the right to request from the data controller access to personal data, rectification or erasure thereof, or limitation of the relative processing to the data subject, or the right to object to processing and the right to data portability - The data subject has the right to lodge a complaint with a supervisory authority - the information requested when ordering is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, without which the order cannot be placed. No automated decisions or profiling are implemented through the ordering process.

Article 18: Applicable law and clauses

All clauses appearing in these general conditions of sale, as well as all purchase and sale operations referred to therein, will be subject to French law. The nullity of a contractual clause does not entail the nullity of these general conditions of sale.

Article 19: Consumer information

For consumer information purposes, the provisions of the Civil Code and the Consumer Code are reproduced below:

Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have it acquired, or would have given only a lower price, if he had known them.

Article 1648 of the Civil Code: Action resulting from fatal defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be released from the apparent defects or lack of conformity.

Article L. 217-4 of the Consumer Code: The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.

Article L. 217-5 of the Consumer Code: The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; - if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L. 217-12 of the Consumer Code: Action resulting from lack of conformity is prescribed two years from delivery of the goods.

Article L. 217-16 of the Consumer Code: When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restitution condition covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention.