General conditions of sale (CGV)

Preamble
The online store of www.lecristalatique.fr and www.lecristalatique.com has been set up by the company The ancient crystal SASU ("Le Cristal Antique »), who is the operator of this site.

Society Le Cristal Antique is a SASU with a capital of € 1,000.00 whose head office is located at 20 rue du Bon Air, 91430 IGNY and the establishment of the physical shop is located at 23, Place Victor Schoelcher, 91300 Massy. It is registered with the RCS d'Evry under number 914 219 027 and has an intra -community VAT number on the FR38914219027.

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

These general conditions of sale are applicable for the site www.lecristalatique.com And www.lecristalatique.fr ("The online store").

Any order for a product appearing within the online store implies the prior acceptance of these General Conditions.
Consequently, the consumer acknowledges being perfectly informed of the fact that his agreement concerning the content of these General Conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented as part of the website shop.
The consumer has the ability to safeguard or edit these general conditions, it being specified that both the safeguard and the publishing of this document fall under their sole responsibility, these general conditions of sale may be likely to undergo 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 (TTC) of the price of products, as well as, if necessary, delivery costs.
•   Indication of payment, delivery, or execution methods.
•   the existence of a right of withdrawal.
•   the validity duration 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: Integrality
These general conditions express all the obligations of the parties. In this sense, the consumer is deemed to accept without reservation the entire provisions provided under these general conditions of sale. Le Cristal Antique SASU undertakes to respect its role as a seller in the context of the said conditions.

Article 2: Object
The purpose of these General Conditions is to define the rights and obligations of the parties within the framework 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 decreasing hierarchical order:

• these general conditions;
• The order form.

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

Article 4: Entry into force - Duration
These general conditions come into force on the date of signature of the order form.
These General Conditions are concluded for the duration necessary for the provision of subscribed goods and services, until the extinction of guarantees.

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

The different steps to follow to conclude the contract by electronic means are as follows:

• Creation of a customer account
• Selection of products in the basket
• Validation of the order
• Identification via customer account
• Checking the command and if necessary correction of errors
• Confirmation of the order
• Acceptance of GTC
• Order payment

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

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

Any consumer order order by "double click" constitutes an irrevocable acceptance which can only be called into question in the events limited to these general conditions of sale as "right of withdrawal" and "stock rupture".
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 the value between the parties as a handwritten signature.

Article 6: Order confirmation
Contractual information will be confirmed by e-mail generated automatically at the email address indicated when creating the customer account. Certain orders may be controlled on the part of our verification service. In this case, you will be warned by email of the supporting documents to send in order to obtain the 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 on paper or reliable computer support, data relating to their order. The customer must verify the completeness and compliance of the information he provides to ancient crystal. The latter cannot be held responsible for any entry errors and the consequences in terms of delay or delivery error. In this context, all the costs incurred for re -exposition will be borne by the customer.

Article 7: Proof of the transaction
Computerized registers, kept in the Company's IT systems Le Cristal Antique Under reasonable security conditions, will be considered as evidence of communications, orders and payments between the parties. The archiving of order orders and invoices is made on a reliable and durable support that can be produced as proof. The seller archives orders and invoices on his servers (copies are to be downloaded from the customer account).

Article 8: Product information
8-A: the company Le Cristal Antique Present on its website the products for sale with the necessary characteristics which make it possible to comply 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 buy.

8-B: the offers presented by the company Le Cristal Antique are only valid within the limits of available stocks. 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 the French legislation in force and the standards applicable in France. The photographs, texts, graphics information and characteristics reproduced and illustrating the products presented are not contractual. Consequently, the responsibility of Le Cristal Antique cannot be engaged in the event of an error or omission in one 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 the non -performance of the contract concluded in the event of a stock shortage or unavailability of the product, force majeure, disruption or total or partial strike, in particular postal services and means of transport and/or communications, flood, fire. Le Cristal Antique Will not take on any responsibility for any indirect damage because of the present, loss of exploitation, loss of profit, loss of luck, damages or costs, which could arise due to the purchase of the products.

8-E: Hypertext links can refer to other sites than the "lecristalan.fr" site or "lecristalatique.com". Le Cristal Antique Remove any responsibility in the event that the content of these sites contravenes the legal and regulatory provisions in force.

Article 9: Price
The prices are indicated in euros and are only applicable on the date of sending the validation of the order by the consumer. They do not take into account the delivery costs, billed in addition, and indicated before the final validation of the order. Prices take into account the T.V.A. applicable on the day of the order and any change in the legal rate of T.V.A will be automatically reflected in the price of the products presented on the site, on the date stipulated by the application decree.
The full payment must be made during the order, unless specific offer indicated on the site. At no time can the sums paid be considered a deposit or deposits.

Article 10: Payment method
To pay their order, the consumer has, at their choice, all the payment methods referred to within the order form, namely: bank card, bank transfer, Applepay, gift vouchers purchased on the site.

The consumer guarantees the company Le Cristal Antique that it has the authorizations possibly necessary to use the payment method chosen by him, when validating the order form.
Society Le Cristal Antique reserves the right to suspend any order management and any delivery in the event of refusal of authorization to pay by bank card from officially accredited organizations or in the event of non-payment.
Society Le Cristal Antique In particular reserves the right to refuse to make a delivery or to honor an order from a consumer who would not have fully or partially set a previous order or with whom a payment dispute is being administration.
Society Le Cristal Antique has implemented a procedure for verifying orders intended to ensure that no one uses the banking contact details of another person without their knowledge. However, the consumer remains wise that Le Cristal Antique cannot be held responsible for any embezzlement or fraudulent use of any means of payment which would not have 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 a proof of address. The order will only be validated after receipt and verification by our services of the parts sent. In the absence of receipt of these documents within 15 days of the order, the latter will be deemed to be automatically canceled.

Le Cristal Antique Keep the full property of the products sold until perfect collection of all sums due by the consumer as part of their order, costs and taxes included.

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

Article 11: Product availability
All products that can be ordered on the site are in stock in our premises. Each item ordered is automatically deducted from the stock. When it is no longer in stock, the "availability" button tells you. Consequently orders are normally shipped for 2 days of receipt of their payment (immediate if CB).
In the event of unavailability of the product ordered following a stock error, the consumer will be informed as soon as possible and will have the possibility of canceling his order under the conditions provided for in article L216-2 and following the consumer code. The consumer will then have the choice to request either the reimbursement, if necessary, sums paid within 30 days at the latest of their payment, or an exchange of product of characteristics and equivalent prices, if Le Cristal Antique is able to get it.
In the event of unable to exchange, Le Cristal Antique reserves the right to cancel the customer's order and reimburse the sums paid.

ARTICLE 12: Delivery procedures and 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 compliance of the information he provides to Le Cristal Antique. The latter cannot be held responsible for any entry errors and the consequences in terms of delay or delivery error. In this context, all the costs incurred for the re -exposition of the order will be fully borne by the customer.

Le Cristal Antique cannot be held responsible for delays in delivery due to errors or disruptions attributable to carriers (total or partial strike, in particular postal services and means of transport and/or communications).
The consumer is required to check the condition of the goods packaging on delivery and to report the damage due to the carrier on the delivery slip, 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 his order. In the event of a delay in delivery of more than three days compared to 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 to report this delay by sending us an email.

We will then contact La Poste to start an investigation. A post investigation can last up to 21 working days from the date of its opening. If during this period, the product is found, it will be immediately re-locked in your home. If on the other hand the product was not found at the end of the period of 21 working days of investigation, La Poste considers the package as lost. It is only at the end of this period that we can send you a replacement product at our expense. If the product (s) ordered were no longer available at this time, we would reimburse you for the amount of the products concerned by the loss of the carrier.

The free shipping offer from € 50 of TTC order, excluding shipping costs is limited to France (excluding DOM-TOM). This offer is also limited to a weight not exceeding 2 kilogram for France. It only applies to the cheapest proposed shipping mode (Mondial Relais, Mail followed or priority letter). This offer is not valid all year round but only during promotional campaigns.

Article 13: Delivery problems due to the carrier

Any anomaly concerning delivery (damage, missing product compared to the delivery voucher, damaged packages, broken products ...) must be indicated on the delivery slip in the form of "handwritten reserves", accompanied by the customer's signature.

In the case of a shipment made by post, if the package arrives open or damaged (especially with the presence of yellow scotch "La Poste") it is essential that the customer has the postman or the post office on which he depends on a "spoliation observation" (observation 170) so that Le Cristal Antique May open a survey and a compensation procedure.

Article 14: Delivery errors - Non -compliant products

14-A: The consumer must formulate with the company Le Cristal Antique Within 15 days of delivery, any claim for delivery and/or non -compliance of products in kind or in quality compared to the indications appearing on the order form. Any complaint made beyond this period will be rejected without the possibility of appeal.

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

14-C: Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release the company Le Cristal Antique any responsibility with regard to the consumer.

14-D: Any product to be exchanged or reimbursed must be returned within 15 working days of receipt of the company return to the company Le Cristal Antique in its entirety at the following address: Le Cristal Antique, 23 Place Victor Schoelcher, 91300 Massy. To be accepted, any return must be reported beforehand to the Customer Service of the Company Le Cristal Antique.

In the absence of compliance with the above procedure No complaint for non-compliance or apparent defect in the products delivered may 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 of 14 calendar days for private customers. This period runs from the day of delivery of the consumer order. 

The customer has a period of 14 days to return, at his expense, the goods to the seller, to the address which was indicated to him. The customer's responsibility can be engaged in the event of depreciation of goods resulting from manipulations other than those necessary to establish the nature, the characteristics and the proper functioning of these goods. Le Cristal Antique recommends that the consumer make the return of his products in Colissimo with a recommendation or additional insurance guaranteeing, if necessary, the compensation of products up to their real market value in the event of spoliation or loss of this goods.

Important: for your returned products to be accepted by our teams they must be returned to us in a state allowing their sale and packaged in their original packaging.

Refund - The seller reimburses all the payments received, including delivery costs in the case of a complete return of order, with the exception of additional costs arising from the fact that the customer chose, if necessary, a delivery method other than the least expensive delivery method offered by the seller when ordering. The seller reimburses within 14 days of receipt of the returned items, using the same payment method as that used for the initial transaction, unless expressly agreed by the Customer for the use of a different means such as having on the account of the Customer who will deduce from the following command (s). The seller may defer refund until receipt of the property or until receipt of proof of the shipment of the property, the date chosen being that of the first of these facts. 

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

Article 16: force majeure

None of the two parties will have failed in its contractual obligations, insofar as their execution will be delayed, hampered or prevented by a fortuitous case or force majeure.

Will be considered as a fortuitous case or force majeure all irresistible facts or circumstances, external to the parties, unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all the reasonably possible efforts.

The part affected by such circumstances will argue the other within ten working days of the date on which it will have learned of it.

The two parties will then approach, within one month, unless impossible due to the case of force majeure, to examine the incidence of the event and agree on the conditions under which the execution of the contract will be continued.

If the case of force majeure has a duration of more than three months, these general conditions may be terminated by the injured part.

Expressly, are considered as force majeure or fortuitous cases, in addition to those usually retained by the case law of French courses and courts:

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

Article 17: Non -validation partial
If one or more stipulations of these General Conditions are held for non -valid or declared such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their strength and their scope.
Article 18: Non renunciation
The fact for one of the parties not to claim one failure by the other party to one of the obligations referred to in these general conditions cannot be interpreted for the future as a renunciation of the obligation in question.

Article 19: Title
In case of difficulty in interpretation between one of the titles appearing at the top of the clauses, and one of the clauses, the titles will be declared nonexistent.

Article 20: Applicable law
French law is applicable without excluding the application of imperative legislative rights granted to consumers or an imperative law more protective 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 use conventional mediation or any alternative mode of dispute settlement. The consumer is also informed of the existence of the platform posted by the European Commission which aims to collect any complaints from an online purchase of European consumers and 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 primarily intend to the company Le Cristal Antique To get an amicable solution.

For professional customers, the competent court is that of the headquarters of the company Le Cristal Antique, Or the Evry Commercial Court (91000).

Article 21: Intellectual property
All the texts, comments, books, illustrations and images reproduced on lecristalante.fr and Lecristalanique.com are reserved under copyright as well as in respect of intellectual property and for the whole 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 more restrictive provisions of the Intellectual Property Code. Any total or partial reproduction of the Pelesandco.com site is strictly prohibited.

Article 22: Legal guarantees

The seller's commercial guarantee does not preclude the benefit of the legal guarantee of hidden defects on the products sold and the legal guarantee of the defects of compliance of the property in the contract, according to the provisions of articles 1641 to 1648 and 2232 of the Civil Code.

Legal compliance guarantee (see reference texts below):

When the customer acts as a legal compliance guarantee:

• It benefits from a period of 2 years from the issuance of the property to act: article L217-12 of the Consumer Code
• He can choose between the repair or replacement of the property, subject to certain cost conditions provided for in article L.217-9 of the Consumer Code
• It is exempt from bringing proof of the existence of the lack of conformity during the twenty-four months following the issuance of the property (article L217-7 of the Consumer Code) and 6 months for used goods.

The legal guarantee of compliance applies independently of the maybe commercial guarantee.

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

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

 Legal compliance guarantee

Article L217-4: The seller delivers a property in accordance with the contract and responds to existing compliance defects during issuance.

He also responds to compliance defects resulting from packaging, assembly instructions or installation when it has been charged by the contract or was carried out under his responsibility.

Article L217-5: The property is in accordance with the contract:

1 ° If it is specific to the usually expected use of a similar property and, if necessary:- if it corresponds to the description given by the seller and has the qualities that he presented to the buyer in the form of a sample or model;- if he presents the qualities that a buyer can legitimately wait for 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 specific to any special use sought by the buyer, brought to the attention of the seller and which the latter accepted.

Article L217-7: The defects of conformity which appear within twenty-four months from the issuance of the property are presumed to exist at the time of deliverance, unless proven otherwise.
For second -hand goods sold, this period is set at six months.
The seller can fight this presumption if it is not compatible with the nature of the property or the lack of conformity invoked.

Article L217-9: In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the property.
However, the seller may not proceed according to the choice of the buyer if this choice results in a manifestly disproportionate cost with regard to the other modality, taking into account the value of the property or the importance of the defect. It is then required to proceed, except impossibility, according to the modality not chosen by the buyer.

Article L217-10: If the repair and replacement of the property are impossible, the buyer can make the property and be returned the price or keep the property and have part of the price. 
The same faculty is open to him: 
1 ° If the solution requested, proposed or agreed in application of the article L. 217-9 cannot be implemented within one month of the buyer's complaint; 
2 ° or if this solution cannot be without major inconvenience for it given the nature of the property and the use it seeks. 
The resolution of the sale cannot however be pronounced if the lack of conformity is minor.

Article L217-12: The action resulting from the lack of conformity is prescribed by two years from the issuance of the property.

Article L217-16: When the buyer requests the seller, during the price of the commercial guarantee which was granted to him during the acquisition or repair of a movable property, a repair covered by the guarantee, any immobilization period of at least seven days is added to the duration of the warranty which remained to run.

This period runs from the buyer's intervention request or the provision for compensation for the property in question, if this provision is after the intervention request.

Legal guarantee of hidden defects on the products sold

Article 1641 of the Civil Code: The seller is held from the guarantee due to the hidden defects of the thing sold which makes it unfit for the use to which it is intended, or which decreases this use so much, that the buyer would not have acquired it, or would have given a lower price, if it had known them.

Article 1644 of the Civil Code: in the case of articles 1641 And 1643, the buyer has the choice to return the thing and be returned the price, or to keep the thing and have a part of the price.

Article 1648 paragraph 1 of the Civil Code: The action resulting from the crippling vices must be brought by the buyer within two years from the discovery of the vice.

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

The seller collects nominative information concerning the customer. The purpose of this information, in particular, is in particular the operations relating to customer management, prospecting, the development of commercial statistics, the management of requests for right of access, rectification and opposition, management of unpaid and litigation, to the management of promotional operations, to the management of opinions. These data may be communicated to any partners of the seller responsible for the execution of the processing, management and payment of orders. This data can be used with the consent of the customer or the user of the site for the sending of information and promotional offers from the seller, whose customer or user can be unsubscribed at any time. In accordance with the provisions of the Data Protection Act of January 6, 1978 (modified by the law of August 6, 2004 relating to the protection of natural persons with regard to personal data processing), the Customer benefits from a right of access, rectification, portability or opposition on his collected name data. These rights can be exercised by writing to the company Le Cristal Antique 23 Place Victor Schoelcher, 91300 Massy CE joining a copy of your identity document.

By filling out some of the forms present on the site and its variations, you will be led to communicate to the company Le Cristal Antique, Site publisher, personal information, including your names, first names, address, telephone and email contact details when registering as a customer.
The information collected is subject to IT processing intended to allow the provision of the sales service and to provide you with more precise and personalized commercial information.

• The information will be collected by the company Le Cristal Antique especially for the purposes:
• To allow you to enter into contact with a commercial assistant to obtain various information (collection of your phone number or your email address for example) and allow us to answer you
• Allow you to order on the site and allow us to treat it
• To allow you to make a special request to our services
• 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 society Le Cristal Antique, Website editor to build a customer file to create and develop a loyalty program, monitoring customer relations such as carrying out satisfaction surveys, complaints management and after-sales service, selection of customers to carry out studies, surveys and product tests
• To benefit from personalized promotional offers
• To allow society Le Cristal Antique The organization of competitions, lottery to the exclusion of games of money and online chance subject to the approval of the regulatory authority of online games
• To allow society Le Cristal Antique to create discussion communities between customers to discuss in particular the products

Society Le Cristal Antique undertakes to comply with the confidentiality of personal data communicated by Internet users on the site and its variations, to deal with them in compliance with the Data Protection Act of January 6, 1978 and not to market your data with third -party people.
The 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 allowing us to keep them longer. Any new connection to our site during which the Customer or the Prospect will identify being made this period of 3 years. Registration for our various newsletters (news letters) remain valid until your unsubscription.

Some of the data you provide to us may be the subject of transfers to our subcontractors to allow us to execute the sales contract and comply with our legal obligations (accounting among others). Our carrier partners such as La Poste, 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 which we will be led to transmit all or part of your personal data.

Article 24: Use of cookies 

The user of our web interfaces and alone can choose to accept, modify or delete the use of cookies on their terminal freely and freely through their navigation software. The loss of features or services due to a change or refusal to register cookies does not 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, are likely to be stored on your terminal. In addition, we are likely to buy advertising spaces directly or through service providers in order to promote our activities and our offers on different supports. 
The cookies issued by our site or third -party providers allow our teams to improve the interest and ergonomics of our services for the sake of satisfying your needs and expectations. Le Cristal Antique Reserve the right to inform you by all types of communication media, information and promotions likely, such as article 22 of the law for confidence in the digital economy (LEN or LCEN) of June 22, 2004 based on the European directive of 12 July 2002.

Article 25: Consumer mediation service
Association 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 seize the consumer mediator. If the conditions are met, mediation of consumption will take place according to the texts and the process in force. Mediation of consumption is an extrajudicial settlement of consumption disputes. The procedure is free for the consumer (R612-1 of the Consumer Code).

The consumer can seize the mediator at the following address:
Consumption mediation service:
Mediation - Let's live better together
www.mediation-vouons-mieux-ensemble.fr
mediation@vivons-mieux-ensemble.fr
465 Avenue de la Liberation
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: Retraction form model

Download the form

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