GENERAL TERMS AND CONDITIONS OF SALE
SILODESIGN SARL (hereinafter referred to as “Silodesign”) has set up an online shop for distance selling, with the website http://www.silodesign.com(hereinafter referred to as the “Online Shop”) accessible via the internet and open to any user of the network (hereinafter referred to as “Web Users”). The Online Shop proposes to sell its products (hereinafter referred to as the “Products") to the Web Users navigating to the Online Shop (hereinafter referred to as “Users”). For the application of these terms, it is agreed that the User and Silodesign will be collectively referred to as the “Parties” and individually referred to as “Party”, and that the User having placed an order will be referred to as “Buyer”. The rights and obligations of the User must apply to the Buyer.
The User declares that they are of age and have full legal capacity. Otherwise, the consultation of the Online Shop and the Products is under the responsibility of their legal representative. This legal representative is obliged to respect these clauses. In any event, when providing personal details, the legal representative must fill in the registration form themselves, or expressly authorise the minor to fill in said form. The clauses relating to personal data in article 11 below are applicable.
Any order of a Product proposed in the Online Shop implies the consultation and express acceptance of these general terms and conditions of sales (hereinafter referred to as “General Terms and Conditions of Sale”), however without this acceptance being conditional on a handwritten signature by the User.
ARTICLE 1. OBJECT
The General Terms and Conditions of Sale aim to define the conditions of online sales between Silodesign and the Buyer of the Products from the Online Shop.
The General Terms and Conditions of Sale apply to the exclusion of any other document. Notably the General Terms and Conditions of Sale for the paper catalogue of Silodesign do not apply to distance selling.
ARTICLE 2. VALIDATION OF ORDERS AND ELECTRONIC SIGNATURE
Any order form signed by the User by “click” constitutes an irrevocable acceptance of the offer of Silodesign, which can not be revoked, except in the limited cases provided in the General Terms and Conditions of Sale, such as when exercising the “right of retraction” or in the case of a “stock shortage”.
The “click” associated with the non-repudiation and authentication process, and with the protection of the integrity of the messages, constitutes an electronic signature. This electronic signature has the same value as a handwritten signature between the Parties.
The User has the possibility to cancel all or part of their order before validation of their payment, deferred or not.
ARTICLE 3. PRODUCTS – PRICE
The Products proposed for sale by Silodesign are those shown in the Online Shop, at the time of the consultation of the Online Shop by the User.
Silodesign presents Products in the Online Shop, which conform to article L.111-1 of the French Consumer Code, which provides the possibility for the User to acquaint themselves with the essential characteristics of the Products that they wish to buy, before placing a definitive order.
The Products proposed comply with French legislation in force and the applicable standards in France. The photographs illustrating these Products are not contractual. As a result, Silodesign shall not be held responsible for any errors or omissions in one of the photographs of the Products.
Some items are handmade, or blown by the mouth. Each one is unique and can be different from another item with the same reference. Due to their manufacturing process, our glassware can include glass drop at the edge, small bubbles, or traces. Our Quality control can accept some of these particularities due to the overall manufacturing process. If you wouldn’t be satisfied by your purchased item, you use you right of retraction (ARTICLE 8.), for an exchange or a refund.
The prices of the Products are indicated in euros including all taxes, and apply in metropolitan France including Monaco. The prices take into account the applicable VAT on the day of the order, and any change in the legal rate of VAT shall automatically be reflected in the price of the Products presented on the site, on the date stipulated by the decree of application.
The full payment shall be made at the time of ordering, except for specific offers indicated in the Online Shop. At no point are the amounts paid to be considered as deposits or instalments. The prices indicated in the Online Shop are guaranteed until the expiry date indicated in the offer.
The prices indicated do not include postage and gift packaging fees (proposed by Silodesign before the Buyer validates their payment) and which will be billed separately, according to the fixed rate indicated on the site, or could be free due to postage paid and the mode of delivery.
The Products shall be invoiced on the basis of the prices in force when the order is placed.
ARTICLE 4. PLACEMENT AND VALIDATION OF THE ORDER
4.1. Navigation in the Online Shop
The User can acquaint themselves with the different Products offered for sale by Silodesign in the Online Shop.
The User can freely navigate the different pages of the Online Shop, without being committed to place an order.
4.2. Placing an order
The order form shows: the nature, quantities, prices of Products selected by the User, the postage fees, as well as the total amount including tax including postage fees, the method of delivery.
4.3. Definitive validation of the order
As soon as the User validates their payment, the order is registered and becomes irrevocable. The User becomes the Buyer. The order form will be registered in the computerised registers of Silodesign, which are stored on a reliable and durable support, and shall be considered as proof of the contractual relationship between the Parties.
4.4. Confirmation of the order
A summary of the contractual information shall be sent to the Buyer by e-mail without undue delay, to the e-mail address indicated by the Buyer during the order process. This confirmation shall resume all the constitutive elements of the contract entered into by the Parties.
Silodesign recommends that the Buyer retains the information relating to their order, and the General Terms and Conditions of Sale which are susceptible to change, on paper or on reliable electronic media. The applicable General Terms and Conditions of Sale shall be those in effect in the Online Shop on the date of validation of the order.
The Buyer is obliged to verify the completeness and conformity of the information that they provide to Silodesign. The latter shall not be held responsible for any errors of data entry and consequences in terms of delay or an error in delivery. In this context, all the fees incurred by redelivery shall be charged to the Buyer.
ARTICLE 5. PROOF OF TRANSACTION
The computerised registers, stored on the computer system in compliance with the security requirements, shall be considered as proof of communications and the orders entered into by the Parties. The order forms and the invoices are archived on a reliable and durable support, which may be produced as proof.
ARTICLE 6. PAYMENT
The amount owed by the Buyer is the amount indicated on the order confirmation, sent to the Buyer by e-mail.
Silodesign accepts the following payment cards: VISA, MASTERCARD.
Silodesign reserves the right to suspend any management of the order and any delivery in the case of refusal of authorisation for payment by bank card, on the part of the officially accredited organisations, or in the case of non-payment.
Silodesign reserves the right to refuse any order or delivery in the case of (I) existing litigation attributable to the Buyer, (II) total or partial non-payment of a previous order attributable to the Buyer, (III) refusal of authorisation of payment by the bank, (IV) using a bank card not provided by a French financial establishment.
The consumer is advised that Silodesign shall not be held responsible for any malpractice or fraudulent use of any method of payment which would not have been detected. All Products sold shall remain Silodesign’s entire property until full payment of all amounts owed by the Buyer in the scope of their order, including fees and taxes.
Silodesign shall not be responsible for the transfer of ownership of a Product bought from Silodesign, from the Buyer to a third party. Only the original Buyer of a Product can claim access to the clauses of the General Terms and Conditions of Sale.
ARTICLE 7. DELIVERY
7.1 Deadlines and methods of delivery
The order shall be delivered within a maximum time period of thirty (30) days starting on the day following validation of the order by the Buyer, unless otherwise communicated to the User before passing the order, and in any event, before definitive validation of it. In this case, Silodesign shall inform the Buyer of the new delivery deadline, who can cancel their order if desired and/or receive a refund.
The delivery shall be carried out by a logistics provider for the fixed price amount indicated in the Online Shop. The Buyer is obliged to be precise with the delivery address and verify the completeness and compliance of the information that they provide to Silodesign. The latter shall not be held responsible for any data entry errors and the consequences in terms of delay or error in delivery. In this context, all fees incurred for redelivery of the order shall be charged to the Buyer.
7.2 Unavailable Product
In the case of a Product being unavailable, the Buyer shall be informed on delivery of the order at the latest. The Buyer shall have the choice to either request a refund of any sums already paid, or an exchange for a Product with equivalent characteristics and price from the Online Shop. In this case, Silodesign shall cancel the remainder of the unavailable Products, and shall generate a new order on behalf of the Buyer, which will mean issuing a new invoice to replace the first one.
In the case that an exchange is impossible, Silodesign reserves the right to cancel the order of the Buyer, and reimburse the amount spent.
If they do not wish to retain the substitute Product, the Buyer shall have the possibility of obtaining a refund for the replaced Product. To do this, the Buyer must return the unused substitute Product in its original packaging (e.g. box, case) and if possible, in its packaging, following the procedure for returning Products, defined in article 9.
Silodesign is committed to reimbursing the Buyer thirty (30) days after payment at the latest.
The unavailability of the Product is not the responsibility of Silodesign, and does not give the Buyer the right to damages.
7.3 Delayed delivery
In the case of delayed delivery by more than three days from the date of the e-mail to the Buyer indicating the package has been sent, the Buyer shall report this delay to the following e-mail address: firstname.lastname@example.org
Then Silodesign shall carry out an inquest into the logistics provider. An inquest can take up to 21 working days (apart from Saturday, Sunday and bank holidays), from the date that it was opened. If the Product is found during this time period, it shall immediately be redirected to the delivery address indicated by the Buyer. If on the other hand, the Product is not found within 21 days of opening the inquest, the package shall be considered lost. After the expiry of this period, Silodesign shall send an identical Product to the Buyer.
If the Product(s) ordered are no longer available at this time, Silodesign shall propose a substitute Product to the Buyer, with equivalent characteristics and price, or reimburse the Buyer for the amount of the Product and delivery costs concerned by the loss of the logistics provider.
7.4 Non-withdrawal of the package from the logistics provider
The Buyer shall be obliged to withdraw the package from the logistics provider within the time period stipulated in accordance with the delivery notification of the latter. In the case of non-withdrawal within this time period, the package shall be returned to Silodesign. The redelivery of the Products to the Buyer shall be carried out at their costs, after the receipt by Silodesign of said fees, by cheque or bank card.
7.5 Non-conformity and breakage
7.5.1 Incident on receipt of package
On receipt of their order, the Buyer shall verify the conformity of the Products received in the presence of the deliverer. In the case of an anomaly concerning the delivery (Product broken, chipped or absent, packages damaged or missing), the Buyer must imperatively:
- Clearly notify the reservations on the delivery note on the day of receipt, in the presence of the deliverer.
- Inform Silodesign of the situation by e-mail at email@example.com, by sending photos of the Products concerned.
- Address a registered letter with acknowledgement of receipt to the logistics provider and Silodesign, within three days of delivery.
Any complaints lodged after this time period, or without reservations on the delivery note, shall be rejected, and Silodesign shall be exempt from any responsibility.
Silodesign reserves the right to ask the Buyer to return the Product concerned, in compliance with the “Return of Product(s)” procedure defined in article 9.
If the conditions mentioned above are fulfilled, Silodesign shall proceed to either an exchange or reimbursement of the Product(s) concerned, or the redelivery of the missing Product (if the request of the Buyer is justified).
7.5.2 Non-conformity of Products to the order form
The Buyer must formulate any complaint, error of delivery and/or non-conformity of the Products in relation to the indications on the order form, to Silodesign by e-mail at the following address: firstname.lastname@example.org, the same day as the delivery, or at the latest the first working day following the delivery. In the case of return of the Product, the Buyer must respect the methods of return described in article 8 of these terms.
7.6 Retention of ownership
Furthermore, it is specified that the ownership of the ordered Products shall not be transferred to the Buyer until full payment of the invoiced price, including delivery costs.
ARTICLE 8. RIGHT OF RETRACTION
The Buyer has a period of seven (7) clear days to return the Product(s) that they have ordered, without motifs, at their cost. This period shall begin on the day after receipt of the Product(s) by the Buyer.
If the conditions of return are fulfilled, Silodesign shall reimburse the Buyer the amount spent, with the exception of the return fees, which remain at the cost of the Buyer, within a period of thirty (30) days from the date of exercising the right of retraction by the Buyer. Silodesign is committed to do its best to reimburse the Buyer within a period of max. fifteen (15) days from receipt of the returned Product(s). In the case of partial cancellation, Silodesign shall not reimburse the postage fees which are all-inclusive for an order and not defined by article.
The Buyer is obliged to return the Product(s) at their cost, within the period prescribed and with respect to the “Return of Product(s)” procedure defined in article 9.
ARTICLE 9. RETURN OF PRODUCT(S)
The return of Product(s) is carried out in compliance with the provisions of articles L.121-20 et seqq. of the French Consumer Code.
The “Return of Product(s)” procedure must be carried out within the term prescribed as follows:
- The Buyer informs Silodesign by e-mail to email@example.com of their intention to return the Product(s).
- Silodesign will provide a dossier number and a printed label to attach to the return package.
- The Buyer will return the new Products in their original packaging, with the printed label of Silodesign, accompanied by an explanatory letter, only by post, to the following address:
Service retour clients e-shop
151 Boulevard Jean Jaurès
92110 Clichy la Garenne
- Silodesign will inform the Buyer of receipt of the package and proceed to reimbursement or exchange.
- Silodesign reserves the right to ask the Buyer for photos or details before validating the return.
Silodesign recommends that the Buyer carries out the return of their Products by “tracked package”, with complementary insurance which guarantees, if necessary, the indemnification of the Products to its real commercial value in the case of spoilage or loss of this article.
The Buyer is informed, that no Product(s) may be returned at physical points of sale of Silodesign.
Silodesign reserves the right to refuse receipt of a return that they have not been notified of, or which does not follow the prior instructions. A return which does not respect this procedure and for which the package(s) was/were mislaid during the transport, cannot be considered by Silodesign. Therefore, no indemnity or reimbursement can be demanded by the Buyer in this respect.
ARTICLE 10. GUARANTEE
In the case of delivery of a non-conforming Product (article 7.5 above) and in the case of delivery of a Product or service revealing a hidden defect, Silodesign is committed to reimburse the price of the Product(s), or exchange the Product(s) with a Product or Products with equivalent characteristics and price, within the limitations of the stock available, at their cost, and at the choice of the Buyer.
Any Products modified or repaired by the Buyer or any other unauthorised person are not guaranteed, as well as any Product damaged by incorrect usage or during transport.
In any event, the responsibility of Silodesign cannot exceed the value of the Product(s) purchased.
ARTICLE 11. IT AND CIVIL LIBERTIES
11.1. Nominative information
The provision of nominative information collected in the course of distance selling is necessary for access to the Online Shop, the handling and delivery of orders and to establish the delivery notes. The information collected are handled and stored with respect to the Act no. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties.
The User can choose to receive special offers from Silodesign and/or their business partners.
The User has a right of access, of rectification and opposition to the nominative data stored with Silodesign, which they can exercise by e-mail to the following address:
ARTICLE 12. VARIOUS STIPULATIONS
12.1. Force majeure
Neither Party will have failed in its contractual obligations if their execution is delayed, impeded or prevented by unforeseeable circumstances or cases of force majeure. The following are considered to be unforeseeable circumstances or cases of force majeure: any incontrovertible facts or circumstances, external to the Parties, unforeseeable, inevitable, beyond the control of the Parties and which could not have been prevented by the Parties in spite of all reasonable efforts possible. The Party affected by such circumstances shall notify the other thereof, within 10 working days after the date that they became aware of this.
In this case, the Parties shall meet within one month, unless impossible due to force majeure, to examine the impact of the event and agree the conditions under which the execution of the contract can be pursued. If the event of force majeure lasts longer than three months, the General Terms and Conditions of Sale can be terminated by the Party concerned.
In particular, the following are considered to be cases of force majeure or unforeseeable circumstances, outside of those normally accepted by the case law of the French courts and tribunals:
- the blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning;
- the stop of telecommunications networks or difficulties specific to telecommunications networks external to the Buyer.
12.2. Severability clause
If one or several provisions of the General Terms and Conditions of Sale are held to be invalid or declared as such by the application of a law, a regulation or following a definitive decision of a competent jury, the other provisions shall remain unaffected.
12.3. Entire contract
The General Terms and Conditions of Sale and the summary of the order sent to the Buyer form a contractual ensemble and constitute the entire contractual relationship entered into by the Parties.
In the case of contradiction between these documents, the General Terms and Conditions of Sale shall prevail.
These terms can be modified by Silodesign at any time. Any new version of the General Terms and Conditions of Sale shall be made accessible and indicated in the Online Shop.
12.4. Applicable law
These General Terms and Conditions of Sale and the contractual relationship between Silodesign and the Buyer shall be subject to French law. In the case of disputes, an amiable solution shall be sought before any legal action is taken.
ARTICLE 13. INTELLECTUAL PROPERTY
All the Products in the Online Shop of Silodesign are reserved under the right of the author, as well as intellectual property, which forbids any usage without the permission of Silodesign.
Any photographic reproduction carried out by the client or a sub-contractor of the client (agency for communication, photography, etc.) showing a Silodesign Product, may be used by Silodesign for its communication support. No compensation may be claimed in this regard from Silodesign. However, the client can request a photo credit from Silodesign, which shall be indicated from the date of this request, on the supports that permit it.
The establishment of commercial links in violation of the rights of Silodesign is strictly forbidden. Any total or partial reproduction of the Online Shop is strictly forbidden. Any conduct in violation thereof shall be the object of prosecution.