1- APPLICATION OF THESE GENERAL TERMS AND CONDITIONS OF SALE

The name COMPAGNIE DES PORCELAINES DE LIMOGES used in the present general conditions of sale and on the website www.roberthaviland-cparlon.com (hereinafter referred to as « the site ») designate the simplified joint stock company (SAS) COMPAGNIE DES PORCELAINES DE LIMOGES whose head office is located at 14 ancienne route d’Aixe 87170 Isle and registered with the Limoges Commercial Court under the number 408 650 521 (hereinafter referred to as « CPL »)

These general terms and conditions of sale (GTC) apply to all orders for items or services offered by the CPL.

The customer must read the GTC before placing an order. These GTC are available on the CPL website.

The CPL reserves the right to amend these GTC at any time. The applicable GTC are those available on the website at the time of payment of the order. The customer must first have read, understood and accepted these GTC without reservation in order to finalize the order.

2- TERRITORIAL FIELD

CPL porcelain can be ordered from any country in the world provided that:
– The Customer’s address is served by CPL’s express carrier.

3- INFORMATION ABOUT THE WEBSITE

www.roberthaviland-cparlon.com is a showcase site owned and managed by CPL. The network is open to all users of the Internet and is, in principle, accessible 24 hours a day, 7 days a week, unless interrupted by CPL or its service providers for maintenance purposes or in the event of force majeure. CPL shall not be held liable for any damage caused by the unavailability of the site.

4- PRODUCTS

The products offered for sale (hereinafter referred to as « Products ») are those present in the catalogue published on the pages of the showcase site at the time of consultation of the Site by the Customer.

Each product is presented on the Site in the most detailed manner possible. CPL attaches great importance to offering photographs that are as faithful as possible but cannot guarantee a perfect similarity with the product offered, particularly in terms of the rendering of color, material or dial reflection. All images should be considered as illustrations only and cannot, under any circumstances, guarantee the appearance or technical characteristics.
The information produced, images or prices may be updated at any time by CPL without notice.

If certain characteristics are not present on the Site, the Customer is entitled to request, by e-mail or by telephone, details from the customer service department whose contact details are available in the article below.

5- PRICE

Prices on the CPL website are in Euros and include 20% VAT. Non-EU countries are subject to specific VAT rates and customs duties. The VAT will be deducted when you pay for your order.

The price of the products does not include delivery and packaging costs, which are charged extra.

6- COMMANDE

The Customer wishing to place an order must contact the customer service department:
– By telephone at 05.55.01.29.44,
– By e-mail at contact@cplimoges.com,
– Via the form on the site,
– Adhere to the present general conditions of sale
– Proceed with payment according to the payment conditions set out in the article below.

Any order placed in the name of a third party without their consent and any fraud resulting in a financial loss for CPL will be reported to the police.

CPL reserves the right to change prices and to correct incorrect prices for any order, as well as for any completed sale. If a price is clearly incorrect, CPL may be obliged to cancel the purchase and refund the amount paid in the best way. This can be done at any time.

7- PAYMENT

Payment for the products is due at the time of ordering by bank transfer or by cheque.

An invoice will be sent by e-mail to the Customer after the order has been placed. A paper version will also be sent in the package containing the product.

If it is a gift, it is possible to ask for an invoice without price at the time of the order.

8- RESERVATION OF OWNERSHIP

CPL remains the full owner of its products until full payment.

9- SHIPPING AND DELIVERY

The products are delivered to the delivery address indicated by the Customer during the ordering process, provided that this address is part of the CPL delivery area. The Customer therefore undertakes to receive the products at the address indicated on the order form. Delivery means the transfer to the Customer of physical possession or control of the goods.

In the event of an error in the wording of the Customer’s contact details (in particular surname, first name, street number and name, post code, town name, telephone number or e-mail address), neither CPL nor the carrier may be held responsible for the impossibility of delivering the order.

The order is delivered in one go. CPL nevertheless reserves the right to split the Customer’s order into several shipments at no additional cost to the Customer. If the Customer requests that the order be split, the carriage costs of each shipment will be borne by the Customer.

CPL reserves the right to refuse to make a delivery or to honour an order from a consumer who has not paid in full or in part for a previous order or with whom there is a payment dispute.

CPL cannot be held responsible for the delivery of the order to a third party present at the delivery address declared by the Customer when validating the order.

CPL therefore declines all responsibility in the event of subsequent loss or theft.

The amount of the delivery costs varies according to the delivery address.

Delivery dates or periods, which may be binding or indicative, must be stated in writing. Delivery times begin at the conclusion of the contract, but not before all technical questions have been clarified. If no delivery period has been agreed, delivery shall be made as soon as possible. Partial deliveries are permissible, insofar as they are acceptable.

If we are unable to meet delivery deadlines for reasons beyond our control (unavailability of the service), we shall inform the customer immediately and inform him of the new delivery deadline. If the service is not available within the new delivery period, we shall be entitled to withdraw from the contract in whole or in part; any consideration paid by the customer shall be refunded immediately. Unavailability of the service means, in particular, that the delivery has been delayed due to our suppliers with whom we are bound by a supply agreement and that neither we nor our supplier are responsible for the delay or if we are not obliged to guarantee the supply.

We shall not be liable for delays in delivery due to force majeure or other circumstances beyond our control – in particular operational or transport disruptions, strikes, blockades, lack of raw materials, war situations – unless otherwise agreed.

The risk of loss and accidental deterioration of the goods shall pass to the customer at the latest at the time of handover of the goods to the customer. The risk of accidental loss and deterioration of the goods as well as the risk of delay in delivery shall pass to the customer when the goods are handed over to the shipper, the transport operator or the person or company responsible for carrying out the delivery. If the shipment is delayed for reasons related to the customer, the risk of delay shall pass to the customer from the day the goods are ready for shipment.

10- RIGHT OF WITHDRAWAL, REFUNDS AND RETURNS

The Customer has a period of 14 days from the day after he takes possession of the goods to withdraw from his order without having to justify a reason or pay a penalty. Beyond this period of 14 days, the sale is firm and final. The Customer may also exercise his right of withdrawal before shipping his order.
It is then the Customer’s responsibility to return the Product to CPL’s address listed in the Customer Service article below.

The Product must be complete, in its original packaging and accompanied by a copy of the purchase invoice indicating the reason for refusal on the delivery note or invoice.

When the Product is addressed to a third party, the latter may only request an exchange. No refund can be made to the third party recipient in the event of a price difference. The Customer retains his right of withdrawal in all cases.

The Product is then refunded to the Customer within fourteen days using the same means of payment as that used by the consumer for the initial transaction pursuant to Article L.121-21-4 of the French Consumer Code, following the date on which the withdrawal was requested. Beyond this term, the amount due shall bear interest at the legal rate in force. Refunds are made by crediting the credit card with which the Customer paid for the Product.

The shipping costs for a return within the trial period and those for a return under a warranty or repair claim (for defects that appeared after the use of the item by the buyer) are borne by the buyer. In case of revocation by the buyer within the trial period, CPL will credit the buyer with the amount of the item within 14 days of receipt of the return (return fees are not refunded). Any amount due following the return of an item will be credited to the account that the buyer used to pay for the initial order.

If the buyer wishes to use his right to revoke the contract and cancel his order, while the buyer’s order has already left CPL’s warehouse (which will generally occur on working days as soon as the buyer has placed his order) – even if the shipment has not yet arrived at the shipping address indicated by the buyer – the costs of returning the item to CPL’s warehouse will be borne by the buyer. If customs duties, import duties or (administrative) charges are due because the shipment was imported into the country of shipment selected by the buyer (a process that, in most cases, cannot be stopped once the package is en route to the country of shipment selected by the buyer), these charges will be borne by the buyer. On the date CPL credits the buyer, CPL will deduct customs taxes, import duties and/or (administrative) fees, to the extent that these amounts have been invoiced to CPL (as sender of the package).

The buyer has the possibility to use the Revocation Form that he can open here.

The right of withdrawal stipulated in this article does not apply to custom-made pieces that the customer personalizes by choosing one or more technical or dimensioning options proposed when ordering.

Individual customers have the option of returning the order within 30 days from the date of receipt.

This duty is only applicable when the product and its original packaging can be returned in the condition in which they were received. Any customer wishing to use his right of return must contact CPL to inform him.

Return shipping costs are the responsibility of the customer. If a product is damaged during transport, CPL must be contacted within 30 days to obtain information regarding compensation.

11- WARRANTY

The Products benefit from the legal guarantee of conformity provided by articles L.211-1 and following of the French Consumer Code. This guarantee must be invoked by the Customer within two years from delivery.

The Products also benefit from the guarantee against hidden defects provided for by article 1648 of the Civil Code. This guarantee must be invoked by the Customer within two years from the discovery of the defect.

The warranty does not apply in case of:
– Faults or damage resulting from improper use (scratches, falls, shocks, bounces, crushing, bumps, etc.);
– Breakdowns or damage due to unjustifiable repair or modification;
– Inattention;
– Intentional damage;
– Normal wear or ageing of the materials used;
– Negligence;

This guarantee ensures that you can receive a free replacement, in accordance with these general conditions of use and within the prescribed period and does not restrict any legitimate right of the customer.

12- INTELLECTUAL PROPERTY

All the elements making up the CPL online showcase are and remain the exclusive property of CPL.

No one is authorized to represent, reproduce or reuse for any purpose whatsoever, even partially, elements of the website whether they are software, visual or sound.

13- PERSONAL DATA

The collection of personal data or any other information concerning visitors to the CPL website and their use are detailed in our Privacy Policy.

14- USER CONTENT

The website may include user-generated content, such as social media applications. CPL does not claim any rights to these contents (images, photos, videos, etc.) and assumes no legal responsibility for them. If, for example, you suspect copyright or other rights have been infringed, or are otherwise offended by such content, please contact our customer service.

15- CUSTOMER SERVICE

Any request for exchange, refund, retraction or guarantee of the Products as well as any claim must be made either by post to the address of CPL, 14 ancienne route d’Aixe 87170 Isle or by e-mail to the address contact@cplimoges.fr.

16- ARCHIVING – PROOF

CPL will archive purchase orders and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of article 1348 of the Civil Code.

CPL’s computerized records will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.

17- APPLICABLE LAW

In case of dispute, only French law is applicable, the parties electing domicile in case of dispute before the Courts of Limoges.

The parties undertake prior to any contentious action to initiate an informal but real conciliation procedure.