General conditions of sale
Any order placed for a product listed in the online store of the website www.damepatine.com requires prior consultation and acceptance of these general terms and conditions of sale. The click to validate the order implies full acceptance of these general terms and conditions of sale. This click has the value of a "digital signature".
These general conditions of sale concern the online sales site: www.damepatine.com managed by Laura Morel Girardel whose head office is located in La Chapelle Longueville (27)
SIRET number: 920 148 913 00014
Email: damepatine@hotmail.com
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of items offered by D'âme patine to the consumer (the Buyer), whether an individual or a professional.
Products
D'âme patine offers antique furniture and objects, they sometimes show signs of wear and small imperfections, traces of the past that greatly contribute to their charm. Due to their age, these products are not guaranteed. Each product is the subject of a detailed description, including photographs, characteristics, dimensions, color and price.
However, slight differences may occur between the product and the photograph depending on the customer's computer screen resolution, brightness etc.
The choice and purchase of items are the responsibility of the customer. The impossibility of using the purchased item for any reason whatsoever does not engage the responsibility of D'âme patine.
Unless otherwise stated, the products are sold without the staging accessories shown in the photographs.
An error in the update, whatever its origin, does not engage the responsibility of D'âme patine which as such cannot be held responsible for the cancellation of an order for a product due to the exhaustion of stocks.
The buyer has the possibility to ask questions about the characteristics of a product by sending a request by email to the following address: damepatine@hotmai.com or by private message on Instagram.
Rates
Prices are indicated in EUROS (€), excluding taxes (HT)
As a self-employed entrepreneur, D'âme patine is not subject to VAT. This tax is therefore not applicable, in accordance with article 293B of the CGI
The prices of the products do not include delivery and order preparation costs which will be invoiced in addition to the sale price of the products (the delivery costs will be displayed on the site and specified to the customer when ordering), subject to exceptions displayed on the site.
The customer cannot use the prices charged on the site to request a price alignment in store and vice versa.
The products are billed at the rate in effect on the site at the time the order is registered by the customer.
The seller reserves the right to modify its prices at any time, without notice, it being understood that the price displayed when the customer places the order will not be subject to any modification.
Payment of the full price must be made when ordering, and in all cases before the shipment of the ordered items. If you want a payment facility please contact me by email damepatine@hotmail.com.
The items ordered remain the property of D'âme patine until final and full payment of their price in accordance with the terms of law n° 80 335 of May 12, 1980.
Order
To place an order, the customer must log on to the site. The site is accessible 24/7, subject to incidents affecting the level of services.
When placing their first order, the customer must create a customer account via the section provided for this purpose and fill in the mandatory information on the form provided for this purpose. The customer expressly undertakes to provide accurate and sincere information about their situation, as well as to regularly check the validity of this data and, if necessary, to update it, in order to ensure that the delivery addresses, email and telephone contact details are valid for the proper routing of deliveries.
Registration on the site is effective as soon as the customer clicks on the “VALIDATE” button.
For subsequent orders, the customer will be able to access their account by entering their username and password.
The customer is fully responsible for his username and password and undertakes to ensure their confidentiality. The password can be changed online, it is personal, confidential and non-transferable. Thus any access to the Customer Account is deemed to be made by the customer himself and not by a third party.
D'âme patine reserves the right to cancel any order placed by a customer with whom there is a dispute, or whose credit card payment authorization has been refused, or in the event of non-payment or partial payment of the previous or current order.
In the event of an error regarding the availability of an item, the delivery price or if the municipality chosen for delivery is not served, an email will be sent to the Buyer to inform them and the order will be cancelled.
Payment
All orders are payable only in Euros (€) in full by the customer.
To pay for their order, the customer has the following payment methods available:
- By bank card: Visa, Mastercard, Carte Bleue issued in France.
- By Paypal: You must have a Paypal account.
The customer must enter their bank details.
The communication by the customer of his bank card number constitutes authorization to debit his account.
Any order with payment by bank card is only considered effective when the payment centers concerned have given their agreement.
Any transmission of information by the customer takes place in a secure context using the protocols in force on the Internet.
The seller will not be required to deliver the products ordered by the customer if the latter does not pay the price in full under the conditions indicated above.
When debiting the order, in the event of incomplete, irregular or non-existent payment for whatever reason or in the event of any payment incident, the seller reserves the right to suspend or cancel delivery of current orders.
In the event of late payment and payment of the sums due by the customer, late payment penalties of an amount equal to the legal interest rate will be automatically applicable to the customer, after prior formal notice has remained without effect, without prejudice to any damages which may be claimed from him.
Delivery
Items are shipped as quickly as possible, excluding holidays, and are packaged with the greatest care beforehand.
During holiday periods, the D'âme patine website will mention the date of resumption of shipments and deliveries.
All items, except furniture, are delivered via Mondial Relay. Please check the contents of the package upon receipt at the relay point in front of the person who gives it to you because D'âme patine cannot be held responsible for any damage caused.
D'ame patine declines all responsibility for loss, damage or delay in delivery by Mondial Relay or the carrier.
In the event that the customer has any doubts about the condition or contents of their package, they will be required to: apply the Mondial Relay procedure and refuse the goods by reporting the anomaly to Mondial Relay or the carrier and report the incident quickly to D'âme patine.
Orders via Mondial Relay are sent to France, Belgium, Luxembourg, Germany, Austria, the Netherlands, Portugal, Spain, Poland and Italy, please contact us for other destinations.
Packages must be collected from the Relay Point within the time limit set by Mondial Relay (8 days). After this period, the package is returned to the sender. Any return of the package is at the buyer's expense.
For furniture, delivery is carried out by the carrier Taxi meuble throughout France, Belgium and Luxembourg. The price is calculated per m3. The latter is specified directly in the description of the furniture and is to be paid directly in cash to the carrier upon delivery.
Allow an average of 4 to 8 weeks for delivery. Please select "pick up at the workshop" and send me an email to confirm your delivery request after your purchase. Please note that Taxi Meuble is a transport company and not movers and that they are not required to go upstairs. They can do so for a fee if you request it in advance. As soon as the transport request is made, I make the request to Taxi meuble who will then be responsible for communicating with you, in particular to set the delivery appointment.
Prior to any order or purchase, the customer must ensure that each product ordered can be delivered without difficulty and check that the dimensions of the packages and products specified on the product sheet adapt to the constraints specific to his home (elevators, stairs, corridors, landing doors, destination room, etc.). The customer must therefore take all necessary measures to ensure the smooth running of the delivery.
Any difficulty encountered during the delivery of the products for which the customer is solely responsible will result in the customer being charged the cost of a new delivery of the products.
Free hand delivery to the workshop (29 rue de Mestreville 27950 La Chapelle Longueville) is also possible by appointment within 15 days maximum following purchase.
Right of withdrawal
The right of withdrawal only applies to natural persons.
In accordance with Articles L. 120-20, the buyer has a period of fourteen (14) calendar days to return, at his own expense, products that do not suit him. This period runs from the day the order is received by the Buyer. Any complaint must be sent in writing within one week of the date of receipt of the goods by mail (postmark as proof) or by email to damepatine@hotmail.com
Only products returned in their entirety, in their original packaging if possible, complete and intact, and in perfect condition for resale will be accepted. Any product that has been damaged will not be refunded, taken back or exchanged. This right of withdrawal is exercised without penalty, with the exception of return shipping costs. These costs are the responsibility of the Buyer. In the event of a return, the Buyer must keep proof of deposit of the return package with the service provider responsible for the return. In the absence of this proof, no exchange or refund can be made in the event of loss of the package.
When delivery has been made by carrier, the customer must return the products by their own means.
In the event of exercising the right of withdrawal, D'âme patine will make every effort to reimburse the buyer within thirty days.
However, in accordance with article L-121-20 of the Consumer Code, this withdrawal period cannot be exercised for the supply of goods made at the request of the Buyer or clearly personalized.
The items offered for sale that are old do not always meet current standards. The buyer is fully aware of this and assumes responsibility for the choice of these items and their use. The seller could not be held responsible for improper use of these products.
Guarantee
According to Articles L. 217-4 to L. 217-14 of the Consumer Code, the legal guarantee of conformity of the Products is exercised within a period of 6 months from the delivery of the Products. Legal guarantee of hidden defects: according to Articles 1641 to 1649 of the Civil Code, the limitation period is 2 years from their discovery. Any guarantee is excluded in the event of misuse, negligence or lack of maintenance on the part of the Buyer as well as in the event of normal wear and tear of the Products. These guarantees do not cover products damaged by the Buyer as well as any imperfections or particularities inherent in old or second-hand products (stipulated in the product sheet). Each product subject to a technical description by D'âme patine according to its knowledge in the matter, the latter cannot be held responsible for any errors that may be made in the description of the origin of the product sold, in particular with regard to its dating.
Force majeure
Neither party will have failed in its contractual obligations, to the extent that their execution is delayed, hindered or prevented by an unforeseeable event of force majeure. A case of force majeure shall be considered any irresistible fact or circumstance, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts.
The party affected by such circumstances shall notify the other within ten business days of the date on which it became aware of them.
The two parties will then come together, within three months, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued.
If the force majeure event lasts for more than one month, these general conditions may be terminated by the injured party.
The following are expressly considered to be cases of force majeure or unforeseeable circumstances, in addition to those usually recognized by the case law of French courts and tribunals: the blocking of means of transport, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
Intellectual property and counterfeiting
D'âme patine owns the intellectual property rights or holds the rights of use on all the elements accessible on the site, in particular the texts, images, graphics, logo, icons, sounds, software.
Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited without the prior written authorization of D'âme patine
Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the Intellectual Property Code.