General conditions of sale (CGV)

Preamble
The online store of the sites www.lecristalantique.fr and www.lecristalantique.com was set up by the company Le Cristal Antique SASU (“Le Cristal Antique”) , which is the operator of this site.

The company Le Cristal Antique is a SASU with capital of €1,000.00 whose head office is located at 20 rue du Bon Air, 91430 Igny and the physical store is located at 23, place Victor Schoelcher, 91300 Massy . It is registered with the Evry RCS under number 914 219 027 and has the intra-community VAT number FR38914219027.

You can contact the company Le Cristal Antique SASU either by telephone on +33(0)1 60 19 48 04 or by email lecristalantique@gmail.com .

These general conditions of sale are applicable to the site www.lecristalantique.com and www.lecristalantique.fr (“the online store”).

Any order placed for a product appearing in the online store implies prior acceptance of these general conditions.
Consequently, the consumer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions does not require the handwritten signature of this document, to the extent that the customer wishes to order online the products presented in the store. of the website.
The consumer has the option of saving or editing these general conditions, it being specified that both the saving and the edition of this document are his sole responsibility, these general conditions of sale may be subject to modifications. In this case, the applicable conditions will be those in force on the site on the date of the order.

The online store set up by the company Le Cristal Antique as part of the website mentions the following information:

  • presentation of the essential characteristics of the products offered.
  • indication, in euros (including tax) of the price of the products, as well as, where applicable, delivery costs.
  • indication of the terms of payment, delivery, or execution.
  • the existence of a right of withdrawal.
  • the period of validity of the offer or price.

All of this information is presented in French. The consumer declares that he has full legal capacity allowing him to commit to these general conditions.

Article 1: Completeness
These general conditions express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept without reservation all of the provisions provided for in these general conditions of sale. Le Cristal Antique SASU, for its part, undertakes to respect its role as seller within the framework of the said conditions.

Article 2: Purpose
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by the company Le Cristal Antique to the consumer.

Article 3: Contractual documents
This contract is formed by the following contractual documents, presented in descending hierarchical order:

  • these general conditions;
  • purchase order.

In the event of a contradiction between the provisions contained in documents of different rank, the provisions of the document of higher rank will prevail.

Article 4: Entry into force - duration
These general conditions come into force on the date of signing the order form.
These general conditions are concluded for the duration necessary for the supply of the goods and services purchased, until the extinction of the guarantees.

Article 5: Placing orders and electronic signature (law of March 13, 2000 on electronic signatures.)

The different steps to follow to conclude the contract electronically are as follows:

  • Creating a customer account
  • Selection of products in the basket
  • Confirmation of the order
  • Identification via customer account
  • Verification of the order and, if necessary, correction of errors
  • Order confirmation
  • Acceptance of the General Terms and Conditions
  • Order payment

The technical means allowing the user, before the conclusion of the contract, to identify errors made in data entry and to correct them are as follows: The order can be modified at any time before payment.

The languages ​​proposed for the conclusion of the contract are the following: French and English.

Any purchase order signed by the consumer by "double click" constitutes an irrevocable acceptance which can only be called into question in the cases restrictively provided for in these general conditions of sale such as "right of withdrawal" and "out of stock".
The “double click” associated with the authentication and non-repudiation procedure and the protection of the integrity of the messages constitutes an electronic signature. This electronic signature has value between the parties as a handwritten signature.

Article 6: Order confirmation
Contractual information will be confirmed by automatically generated e-mail to the e-mail address indicated when creating the customer account. Certain orders may be subject to inspection by our verification department. In this case, you will be notified by email of the supporting documents to send in order to obtain final validation of your order. Le Cristal Antique reserves the right to cancel the order in the event of non-receipt of these supporting documents or receipt of documents deemed non-compliant.

Le Cristal Antique recommends that the customer keep the data relating to their order on paper or on reliable computer media. The customer must verify the completeness and conformity of the information he provides to Cristal Antique. The latter cannot be held responsible for possible entry errors and the consequences in terms of delay or delivery error. In this context, all costs incurred for reshipping will be the responsibility of the customer.

Article 7: Proof of the transaction
The computerized records, kept in the computer systems of the company Le Cristal Antique under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof. The Seller archives purchase orders and invoices on its servers (copies must be downloaded to the customer account).

Article 8: Product information
8-a: The company Le Cristal Antique presents on its website the products for sale with the necessary characteristics which allow compliance with article L 111-1 of the Consumer Code, which provides the possibility for the potential consumer to know before the final order taking the essential characteristics of the products he wishes to purchase.

8-b: The offers presented by the company Le Cristal Antique are only valid while stocks last. Le Cristal Antique reserves the right to modify the assortment of products according to the constraints imposed by its suppliers.

8-c: The products offered comply with current French legislation and the standards applicable in France. The photographs, texts, graphics, information and characteristics reproduced and illustrating the products presented are not contractual. Consequently, Le Cristal Antique cannot be held liable in the event of an error or omission in any of these photographs, texts or graphics, information or characteristics of the products or in the event of modification of the characteristics of the products by the suppliers. .

8-d: Le Cristal Antique cannot be held responsible for non-performance of the contract concluded in the event of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike, particularly of postal services and means of transport. and/or communications, flooding, fire. Le Cristal Antique will not incur any liability for any indirect damage as a result of this, operating loss, loss of profit, loss of opportunity, damage or costs, which may arise as a result of the purchase of the products.

8-e: Hypertext links may refer to sites other than the site “lecristalantique.fr” or “lecristalantique.com”. Le Cristal Antique disclaims all liability in the event that the content of these sites contravenes the legal and regulatory provisions in force.

Article 9: Price
Prices are indicated in Euros and are only applicable on the date of sending validation of the order by the consumer. They do not take into account delivery costs, invoiced additionally, and indicated before final validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the legal VAT rate will be automatically reflected in the price of the products presented on the site, on the date stipulated by the implementing decree.
Full payment must be made when ordering, unless a specific offer is indicated on the site. At no time can the sums paid be considered as deposits or deposits.

Article 10: Method of payment
To pay for their order, the consumer has, at their choice, all the payment methods specified in the order form, namely: bank card, bank transfer, Paypal, gift vouchers purchased on the site.

The consumer guarantees the company Le Cristal Antique that he has the authorizations possibly necessary to use the payment method chosen by him, when validating the order form.
The company Le Cristal Antique reserves the right to suspend all order management and delivery in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment.
The company Le Cristal Antique reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. of administration.
The company Le Cristal Antique has implemented an order verification procedure intended to ensure that no person uses the bank details of another person without their knowledge. However, the consumer remains informed that Le Cristal Antique cannot be held responsible for any embezzlement or fraudulent use of any means of payment which has not been detected by the verification procedure.
As part of this verification, the customer may be asked to send by fax or email to the company Le Cristal Antique a copy of an identity document as well as proof of address. The order will only be validated after receipt and verification by our services of the parts sent. If these parts are not received within 15 days of placing the order, the order will be deemed automatically canceled.

Le Cristal Antique retains full ownership of the products sold until full receipt of all amounts owed by the consumer in connection with their order, including fees and taxes.

The transfer of ownership of a good purchased from Le Cristal Antique by the consumer to a third party will not be covered by the company Le Cristal Antique.
Only the original buyer of this property can claim access to the clauses of these general conditions of sale.

Article 11: Availability of products
All products that can be ordered on the site are in stock at our premises. Each item ordered is automatically deducted from stock. When it is no longer in stock, the “Availability” button notifies you. Consequently, orders are normally shipped within 2 days of receipt of payment (immediately if credit card).
In the event of unavailability of the ordered product following a stock error, the consumer will be informed as soon as possible and will have the possibility of canceling their order under the conditions provided for in article L216-2 et seq. of the Consumer Code . The consumer will then have the choice of requesting either a refund, where applicable, of the sums paid within 30 days of their payment at the latest, or an exchange of a product with equivalent characteristics and price, if Le Cristal Antique is able to do so. get it.
If an exchange is impossible, Le Cristal Antique reserves the right to cancel the customer's order and refund the amounts paid.

Article 12: Delivery terms and conditions of free shipping costs
The products are delivered to the address indicated by the consumer on the order form.
The customer must verify the completeness and conformity of the information he provides to Le Cristal Antique. The latter cannot be held responsible for possible entry errors and the consequences in terms of delay or delivery error. In this context, all costs incurred for reshipping the order will be entirely the responsibility of the customer.

Le Cristal Antique cannot be held responsible for delivery delays due to errors or disruptions attributable to carriers (total or partial strike in particular of postal services and means of transport and/or communications).
The consumer is required to check the condition of the packaging of the goods upon delivery and to report any damage due to the carrier on the delivery note, as well as to the company Le Cristal Antique, within two working days. .

The consumer will be notified by email of the imminence of a shipment concerning their order. In the event of a delivery delay of more than three days from the date we indicated to you in the shipping email, we suggest checking with your post office that the package is not pending, then If necessary, notify us of this delay by sending us an email.
We will then contact the Post Office to start an investigation. A Post investigation can last up to 21 working days from the date it is opened. If during this period, the product is found, it will be re-delivered immediately to your home. If, on the other hand, the product is not found at the end of the 21 working day investigation period, the Post Office considers the package as lost. Only at the end of this period can we send you a replacement product, at our expense. If the product(s) ordered were no longer available at that time, we would reimburse you for the amount of the products affected by the carrier's loss.

The offer of free shipping costs for orders over €100 including tax, excluding shipping costs, is limited to France (excluding overseas territories) and European Union countries. This offer is also limited to a weight not exceeding 1 kilogram for France and 500 grams for Europe. It only applies to the cheapest shipping method offered (tracked mail or priority letter). This offer is not valid all year round but only during promotional campaigns.

Article 13: Delivery problems caused by the carrier
Any anomaly concerning delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of "handwritten reservations", accompanied by the customer's signature.
In the case of a shipment made by La Poste, if the package arrives open or damaged (in particular with the presence of yellow “La Poste” tape), it is essential that the customer has it established by the postman or post office from which he depends on a “report of spoliation” (report 170) so that Le Cristal Antique can open an investigation and a compensation procedure.

Article 14: Delivery errors - Non-compliant products
14-a: The consumer must make to the company Le Cristal Antique within 15 days following delivery, any complaint of delivery error and/or non-conformity of the products in nature or quality in relation to the indications appearing on the order form. Any complaint made after this deadline will be rejected without possibility of appeal.

14-b: The formulation of this complaint with the company Le Cristal Antique will be made by email to the address lecristalantique@gmail.com .

14-c: Any complaint not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the company Le Cristal Antique from any liability towards the consumer.

14-d: Any product to be exchanged or refunded must be returned within 15 working days following receipt of the return agreement to the company Le Cristal Antique in its entirety to the following address: Le Cristal Antique, 23 place Victor Schoelcher, 91300 Massy. To be accepted, any return must be reported in advance to the Customer Service of the company Le Cristal Antique.

If the above procedure is not followed, no claim for non-conformity or apparent defect of the products delivered will be accepted.

Article 15: Right of withdrawal

Withdrawal period: In accordance with the provisions of articles L221-18 et seq. of the Consumer Code, Le Cristal Antique respects the legal withdrawal period of 14 calendar days for individual customers. This period runs from the day of delivery of the consumer's order.

The customer has 14 days to return, at his own expense, the goods to the Seller, to the address given to him. The customer may be held liable in the event of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods. Le Cristal Antique recommends that the consumer return their products by Colissimo with a recommendation or additional insurance guaranteeing, where applicable, compensation for the products up to their actual market value in the event of theft. or loss of this merchandise.

Important: For your returned products to be accepted by our teams, they must be returned to us in a condition that allows them to be put back on sale and packaged in their original packaging.

Reimbursement - The Seller reimburses all payments received, including delivery costs in the case of a complete order return, with the exception of additional costs arising from the fact that the customer has chosen, where applicable, a method of delivery. delivery other than the least expensive delivery method offered by the Seller when ordering. The Seller will reimburse within 14 days of receipt of the returned items, using the same means of payment as that used for the initial transaction, unless expressly agreed by the customer to use a different means such as a credit note. on the customer's account which will be deducted from the following order(s). The Seller may defer reimbursement until receipt of the goods or until receipt of proof of shipment of the goods, the date chosen being that of the first of these events.

Exclusions - The right of withdrawal is excluded for products and services listed in Article L.221-28 of the Consumer Code such as personalized products such as personalized jewelry or cut items.

Article 16: Force majeure
Neither party will have failed in its contractual obligations, to the extent that their execution is delayed, hindered or prevented by a fortuitous event or force majeure.
Will be considered as fortuitous event or force majeure any irresistible facts or circumstances, 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 will notify the other within ten business days of becoming aware of them.
The two parties will then come together, within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which execution of the contract will be continued.
If the force majeure lasts for more than three months, these general conditions may be terminated by the injured party.
Expressly, the following are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals:

  • blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning;
  • the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.

Article 17: Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force. and their scope.
Article 18: Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party of one of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in cause.

Article 19: Title
In the event of difficulty of interpretation between one of the titles appearing at the head of the clauses, and one of the clauses, the titles will be declared non-existent.

Article 20: Applicable law
French law is applicable without precluding the application of mandatory legislative rights granted to consumers or of a more protective mandatory law by the foreign judge seized by a consumer of the corresponding country.

In the event of a dispute, the customer is informed that he can resort to conventional mediation or any alternative method of dispute resolution. The consumer is also informed of the existence of the platform put online by the European Commission which aims to collect possible complaints arising from an online purchase from European consumers and to then transmit the cases received to the competent national mediators: http://ec.europa.eu/consumers/odr/.
In the event of a dispute or complaint, the consumer will first contact the company Le Cristal Antique to obtain an amicable solution.

For professional customers, the competent court is that of the head office of the company Le Cristal Antique, i.e. the commercial court of Evry (91000).

Article 21: Intellectual Property
All texts, comments, works, illustrations and images reproduced on lecristalantique.fr and lecristalantique.com are reserved under copyright as well as intellectual property and for the entire world. As such and in accordance with the provisions of the Intellectual Property Code, only use for private use is authorized subject to different or even more restrictive provisions of the Intellectual Property Code. Any total or partial reproduction of the pearlsandco.com site is strictly prohibited.

Article 22: Legal guarantees

The Seller's commercial guarantee does not prevent the benefit of the legal guarantee against hidden defects on the products sold and the legal guarantee against defects in conformity of the goods with the contract, according to the provisions of articles 1641 to 1648 and 2232 of the civil code.

Legal guarantee of conformity (see reference texts below):

When the customer acts under a legal guarantee of conformity:

  • He benefits from a period of 2 years from the delivery of the good to act: Article L217-12 of the Consumer Code
  • He can choose between repairing or replacing the good, subject to certain cost conditions provided for by article L.217-9 of the Consumer Code.
  • He is exempt from providing proof of the existence of the lack of conformity during the twenty-four months following delivery of the goods (Article L217-7 of the Consumer Code) and 6 months for second-hand goods.

The legal guarantee of conformity applies independently of any commercial guarantee granted.

Legal guarantee against hidden defects on the products sold (see reference texts below):

The customer may decide to implement the legal guarantee against hidden defects in the item sold provided for in article 1641 of the Civil Code. In this case, he can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.

Legal guarantee of conformity

Article L217-4: 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 L217-5: The property 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 presents the characteristics defined by mutual agreement by 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 L217-7: Defects of conformity which appear within twenty-four months from delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months.
The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

Article L217-9: In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.

Article L217-10: If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.
The same faculty is open to him:
1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking.
However, the sale cannot be canceled if the lack of conformity is minor.

Article L217-12: Action resulting from lack of conformity is prescribed two years from delivery of the goods.

Article L217-16: 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 restoration covered by the guarantee, any downtime period of at least seven days is added to the remaining warranty period.

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.

Legal guarantee against hidden defects on the products sold

Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which render 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 not acquired, or would have given only a lower price, if he had known them.

Article 1644 of the Civil Code: In the case of articles 1641 and 1643 , the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded.

Article 1648 paragraph 1 of the Civil Code: Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

Article 23: Information technology and freedoms - Protection of your personal data.

The Seller collects personal information concerning the customer. The purposes of this information include operations relating to customer management, prospecting, the development of commercial statistics, the management of requests for rights of access, rectification and opposition, the management of unpaid debts and from litigation, to the management of promotional operations, to the management of reviews. This data may be communicated to any partners of the Seller responsible for carrying out the processing, management and payment of orders. This data may be used with the consent of the customer or user of the site for sending information and promotional offers from the Seller, from which the customer or user can unsubscribe at any time. In accordance with the provisions of the Data Protection Act of January 6, 1978 (amended by the law of August 6, 2004 relating to the protection of individuals with regard to the processing of personal data), the customer benefits from a right to access, rectification, portability or opposition to the personal data collected. These rights can be exercised by writing to the company Le Cristal Antique 23 place Victor Schoelcher, 91300 Massy, ​​attaching a copy of your identity document.

By completing some of the forms on the site and its variations, you will be required to communicate to the company Le Cristal Antique, the company publishing the site, personal information, in particular your last name, first name, address, telephone and email details when your registration as a customer.
The information collected is subject to computer processing intended to enable the sales service to be carried out and to provide you with more precise and personalized commercial information.

  • The information will be collected by the company Le Cristal Antique in particular for the purposes of:
  • To allow you to contact a sales assistant to obtain various information (collecting your telephone number or email address for example) and to allow us to respond to you
  • To allow you to place an order on the site and to allow us to process it
  • To allow you to make a specific request to our services
  • To allow you to contact our customer service and make suggestions
  • To give you access to information concerning new products, product quality and their guarantee
  • To allow the company Le Cristal Antique, publisher of the website, to create a customer file to create and develop a loyalty program, monitoring customer relations such as carrying out satisfaction surveys, managing complaints and after-sales service, selection of customers to carry out studies, surveys and product tests
  • To benefit from personalized promotional offers
  • To allow the company Le Cristal Antique to organize competitions and lotteries, excluding online gambling and chance games subject to approval by the Online Gaming Regulatory Authority
  • To allow the company Le Cristal Antique to create discussion communities between customers to discuss products in particular

The company Le Cristal Antique undertakes to respect the confidentiality of personal data communicated by Internet users on the site and its variations, to treat them in compliance with the Data Protection Act of January 6, 1978 and not to market your data to of third parties.
Personal data collected on the site and its variations are kept for a maximum period of 3 years from the end of the commercial relationship (customers) or the last contact (prospects) except for people authorizing us to keep them for longer. Any new connection to our site during which the customer or prospect identifies themselves causes this 3-year period to run. Subscriptions to our various newsletters remain valid until you unsubscribe.

Some of the data you provide to us may be transferred to our subcontractors to enable us to execute the sales contract and comply with our legal obligations (accounting, among other things). Our carrier partners such as the Post Office, Chronopost, UPS for example as well as our accounting firm or our payment partners including Qonto (OLINDA SAS) or Paypal are among the subcontractors to whom we will be required to transmit all or part of your personal data .

Article 24: Use of cookies

The user of our web interfaces and only he can choose to accept, modify or delete the use of cookies on his terminal freely and free of charge through his browser software. The loss of functionalities or services due to a change or refusal to save cookies does not in any way engage the responsibility of Le Cristal Antique.

When consulting our site, information relating to the navigation of your terminal (computer, tablet, smartphone, etc.) on our site may be stored on your terminal. Furthermore, we may purchase advertising space directly or through service providers in order to promote our activities and our offers on different media.
Cookies issued by our site or third-party providers allow our teams to improve the interest and ergonomics of our services in order to satisfy your needs and expectations. Le Cristal Antique therefore reserves the right to share with you through all types of communication media, information and promotions as permitted by article 22 of the Law for Confidence in the Digital Economy (LEN or LCEN) of June 22, 2004 based on the European Directive of July 12, 2002.

Article 25: Consumer mediation service
Amicable settlement of disputes between the professional and the consumer in accordance with articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the Consumer Code: In the event of unresolved disputes between the Professional and the Consumer, the latter has one year to contact the consumer mediator. If the conditions are met, consumer mediation will take place according to the texts and process in force. Consumer mediation is an extrajudicial settlement of consumer disputes. The procedure is free for the consumer (R612-1 of the Consumer Code).

The consumer can contact the mediator at the following address:
Consumer Mediation Service:
MEDIATION – LET’S LIVE BETTER TOGETHER
www.mediation-vivons-mieux-ensemble.fr
mediation@vivons-mieux-ensemble.fr
465 avenue de la Libération
54,000 NANCY

French dispute resolution platform: https://www.mediation-vivons-mieux-ensemble.fr

European Online Resolution Platform:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR

Article 26: Model withdrawal form

Download the form

https://cdn.shopify.com/s/files/1/0645/1560/4713/files/Formulaire_de_retraction_LCA.pdf?v=1664106014