Terms and conditions

TERMS OF SALES

Article -1- Purpose and opposability

These General Conditions of Sale apply to the sale of any Product supplied by:

The CHAMADE Company via their website abat-jour-chamade.com

Registration number 0862564679 whose head office is located Rue de l'église 15A 1315 Piétrebais Belgium

Hereinafter the “Company” or the “Seller”,

to Customers who have the status of consumer, namely any natural person who acts for purposes which do not fall within the scope of their commercial, industrial, artisanal, liberal or agricultural activity, hereinafter the “Customer”.

Any Order for Products implies unreserved acceptance by the Customer and full and complete adherence to these General Conditions of Sale which take precedence over any other document: catalogs, advertisements, notices, unless the Company has expressly agreed otherwise.
The Company offers lampshades for sale.
The Company does not sell Products to minors. If the Customer is under eighteen (18) years old, he or she may only use the Site under the supervision of a parent or guardian.
The photos on the Site are non-contractual and may vary significantly from the models photographed. These variations are due to the settings of the different screens and cameras, the lighting of the Products, the angle of the shot, etc.
The Company reserves the right to modify these General Conditions of Sale at any time. In this case, the applicable conditions will be those in force on the date of the Order by the Customer.

Article -2- Customer contact

The Company's customer and after-sales service can only be reached by e-mail at abatjour.chamade@gmail.com. The Customer must indicate in the e-mail his first name, last name, the subject of his request and the number of his Order.
For any professional request (partnership, media, contract proposal), the Company can only be reached by e-mail at abatjour.chamade@gmail.com.

Article -3- Definitions

“Customer” means any consumer Customer who has placed an Order.

“General Conditions of Sale” means this sales contract.

“Order” means any order placed on the abat-jour-chamade.com Website relating to the Products.

“Basket” designates all of the selected Products.

“Products” means the goods offered for sale on the Site. Each Product presentation sheet mentions the price; the possibility of contacting customer service; the technical data sheet of the product, its availability in stock, and the opinions of other consumers if applicable.

The “Company” refers to the CHAMADE Company

The “Site” refers to the website abat-jour-chamade.com, the exclusive property of the Company.

“Geographical Area of the Offer” means the entire country to which the Company offers the Products for sale, and delivers Orders, namely France and Europe.

Article -4- Placement of the Order

The Customer places the Order via the Site: the Customer registers and validates the Order on the Site.
To place an Order on the Site, the Customer freely selects one or more Products from the Site catalog, by clicking on the “add to Cart” button. On the “Basket” page, the Customer has the possibility of checking the details of his Order and correcting any errors, before confirming it.
On the “Information” page, the Customer must enter their contact information. He can opt for tracking his Order by e-mail by checking the required box.
On the “Delivery” page, the Customer must choose the shipping method offered to them.
On the “Confirmation” page, the Customer must enter these bank details as well as the billing address. The Customer also has the possibility of entering a promotional code if he has one.
A complete summary of the Order appears. The Customer has the possibility of modifying all elements of the Order before finalization. The Customer is responsible for any errors relating to the Order, the Products and contact information.
The sale is validly formed when the Customer has confirmed the Order by clicking on the “Finalize my order” button, has accepted the General Conditions of Sale, and has made payment according to the terms he has chosen. , subject to the exercise of the right of withdrawal.

The date of validation of the Order corresponds to the date of receipt of cash payment of the total price including tax duly recorded.

Article -5- Availability

Product offers are valid as long as they are visible on the Site, while stocks last, excluding promotional operations mentioned as such on abat-jour-chamade.com. In the event of unavailability of the Product after placing the Order, the Company will inform the Customer by e-mail. The Order will then be automatically canceled and the Company will reimburse the Customer for all sums already paid no later than thirty (30) days from payment of the sums paid.

Article -6- Exercise of the right of withdrawal

For all distance selling operations, the Customer has a period of fourteen (14) clear days, from the day after he takes possession of the good or accepts the offer for a service, without justification or payment of penalties on his part. The exercise of this right terminates this contract.

When the fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended until the first following working day. The Customer must inform the Company of his decision by sending the standard withdrawal form which can be downloaded and available here: FORM LINK

The Customer then has another period of fourteen (14) days, from the communication of his decision to withdraw, to return the goods to the Company at the address mentioned in Article 1. The Customer must not not return the Product to the manufacturer.

To do this, he can designate the carrier of his choice, ensuring that handling and transport will be carried out under the best conditions. The protective packaging of the Products will be the responsibility of the Customer. The Company advises you to return the goods by registered mail or tracked post.

The costs of returning the Product are the responsibility of the Customer, as are the risks linked to the transport of the Product, whatever they may be.
The Customer is liable in the event of depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these Products, provided that the Company has informed the Customer of his right of withdrawal.

Only Products in new condition returned in their original packaging will be accepted. In the event of depreciation of the Product, no returns will be accepted.

Products unsealed after delivery by the Customer cannot be returned.

Article -7- Reimbursement and fees

When the right of withdrawal is exercised, the Customer is entitled to the benefit of reimbursement of all sums paid.

An e-mail will be sent to the Customer to confirm that the returned merchandise has been received and inspected by the Company. The Company will inform the Customer of its decision to approve or refuse the reimbursement request.

The refund will be made within fourteen (14) days from the date on which the Company is informed of the Customer's decision to withdraw.

The Company makes the reimbursement using the same means of payment as that used by the Customer for the initial transaction
Exercising the right of withdrawal within the legal deadlines puts an end to the obligation of the parties to perform this contract, as well as any ancillary contract, without costs for the Customer other than those relating to the return of the Products.
In the event of a delay in reimbursement, the Customer should first contact the entity issuing the credit card, then the bank and lastly the Company at the following email address: abatjour.chamade@gmail. com

Article -8- Price

The total price of the Order includes the price including tax of the Products, and the possible cost of delivery. All Orders are payable in Euros (€).
The Products are invoiced on the basis of the prices in effect on the Site on the date of the accepted Order. Discount codes as well as promotions and sales cannot be combined with each other.
Prices and rates may be revised at any time by the Company.

Article -9- Payment

By placing an Order, the Customer declares that it has sufficient financial guarantees for payment, and that it will actually pay the amounts due when due, in accordance with the legislation.

Payment of invoices is made in cash and upon validation of the Order in accordance with the payment method freely chosen by the Customer.

Payment for the Order by the Customer can be made by:

Bank card (Carte Bleue, Visa, Mastercard or American Express): All credit card numbers are encrypted at 256 bits when the Order is placed. They are only decrypted on the payment processor's server. This information does not exist in plain text on any website and is therefore inaccessible to the Company and third parties.

When paying by credit card, the card is only debited at the time of validation of the Order. Payment is made in cash.

Bank checks are not accepted.
Information relating to the purchase transaction is retained for as long as necessary to finalize the Order. Once the Order is finalized, the information relating to the purchase transaction is deleted.

Article -10- Transfer of ownership and risks

The Customer acquires ownership of the Products ordered as the price is paid. Any non-performance by the Customer of his payment obligation, whatever the reasons, authorizes the Company to legally request the termination of this sales contract and to demand the return of the Products.
Delivery means the transfer to the Customer of physical possession or control of the goods. Any risk of loss or damage to the goods is transferred to the Customer when the latter or a third party designated by him, and other than the carrier proposed by the Company, takes physical possession of the Products.
When the Customer entrusts delivery of the Product to a carrier other than that offered by the Company, the risk of loss or damage to the Product is transferred to the Customer when the Product is handed over to the carrier.

Article -11- Delivery times

The delivery time is the period between confirmation of the Order and the transfer of physical possession of the Product to the Customer, excluding installation or unpacking.

Delivery will take place within the time indicated in the Order, except in cases of force majeure. In the absence of an indication as to the delivery date of the Product, the Company delivers the Product no later than thirty (30) days after the conclusion of the General Conditions of Sale.

If delivery is not made within the time indicated by the Company, the Customer may, after formal notice from the Company, resolve the contract, or cancel the sale, by LRAR or in writing on another durable medium.

The contract is considered terminated upon receipt by the Company of the registered letter informing it of this resolution, unless delivery has taken place in the meantime.

Article -12- Delivery terms

Delivery is made to the address indicated by the Customer when placing the Order. The Company may contact the Customer to ensure the accuracy of the contact details.
If delivery cannot take place due to an entry error by the Customer, the reshipment costs will be borne by the Customer. In this case, the Company cannot be held responsible for the extension of the delivery time.
Delivery is made by a carrier and delivery is made according to the specific terms of the carrier.
Delivery is deemed to have been made upon physical delivery of the Products to the Customer by the carrier. The delivery slip provided by the carrier, dated and signed by the Customer upon delivery of the Product, will constitute proof of transport and delivery.

It is up to the Customer to check in the presence of the delivery person the condition of the Product delivered and, in the event of damage or missing items, to express reservations on the delivery note, and possibly to refuse the Product and to notify the Company.

Article -13- Liability and legal guarantees

The Company is automatically responsible towards the Customer for the proper execution of the obligations resulting from the General Conditions of Sale concluded remotely, whether these obligations are executed by the Company itself or by other service providers and in particular by the carriers, without prejudice to its right of recourse against them.
However, the Company may exempt itself from all or part of its liability by providing proof that the non-performance or poor execution of the General Conditions of Sale is attributable either to the Customer or to the unforeseeable and insurmountable act of a third party. to the contract, or to a case of force majeure.
When the Product presents either a lack of conformity or a hidden defect, the European Customer has the choice between the legal guarantee of conformity (a), provided for in articles L 217-4 to L 217-14 of the Consumer Code, and the guarantee against hidden defects in the item sold (b), provided for in article 1641 et seq. of the Civil Code.

a) Legal guarantee of European conformity:

The Company sells products in France and Europe, it is therefore liable for any lack of conformity existing before the purchase of the Products sold, under the conditions of article L. 217-4 et seq. of the Consumer Code.

This guarantee does not cover damage, breakages or malfunctions which result from non-compliance with the precautions for use.

Defects and deterioration of the Products delivered following abnormal storage and/or conservation conditions at the Customer's premises, particularly in the event of an accident of any nature whatsoever, will not give rise to the guarantee owed by the Company.

When activating the legal guarantee of conformity, the Customer:

- benefits from a period of two (2) years from the delivery of the property to act;

- can choose between repairing or replacing the goods, subject to the cost conditions provided for by article L. 217-9 of the Consumer Code;

- is exempt from providing proof of the existence of the lack of conformity for twenty-four (24) months from delivery of the goods.

b) Legal guarantee against hidden defects

The Company is liable for hidden defects in the item sold - defects which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the Customer would not have acquired it, or would only have given it a lower price, if he had known them – under the conditions provided for in articles 1641 et seq. of the Civil Code.

This guarantee does not cover damage, breakages or malfunctions which result from non-compliance with the precautions for use.

When activating the legal guarantee against hidden defects, the Customer:

- benefits from a period of two (2) years to act from the discovery of the hidden defect.

- can choose between resolution of the sale involving reimbursement and return of the Product(s) or a reduction in the sale price in accordance with article 1642-1 of the Civil Code.

- must provide proof of the hidden defect.

If the item is defective or damaged upon receipt of the Product, the Customer therefore has the option of choosing between replacement of the Product at no additional cost or full refund of the purchase price.

In order to benefit from a full refund or replacement of the defective or damaged Product, the Customer must send his request to the address abatjour.chamade@gmail.com with the following form duly completed as an attachment as well as one or more photos of the Defective product attesting to the facts.

This form is available from FORM LINK

Depending on the Customer's address, the time required to receive the exchanged Product may vary.

Products on sale or on promotion are refunded at the price that the buyer paid when placing an Order on the Site. Amounts deducted during the purchase using a promotional code and/or a price reduction following a promotion will not be refunded.

Article -14- Force majeure

In accordance with article 1218 of the Civil Code, events beyond the control of the parties, which they could not reasonably be required to foresee, and which they could not reasonably avoid or overcome, to the extent that their occurrence makes the performance of obligations completely impossible.
The occurrence of a case of force majeure will automatically suspend execution of the Order.
Beyond a period of ninety (90) calendar days, if the parties note the persistence of the case of force majeure, the Order may be canceled by one of the parties, and the sales contract terminated. To this end, the most diligent party must send the other a registered letter with acknowledgment of receipt denouncing said sales contract.

The effective date of termination will be the date of first presentation of the letter. In this case, neither party will be able to claim damages, unless otherwise agreed by both parties.

Article -15- Intellectual property

All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the Site are protected under copyright, trademark law, image rights and patent rights. No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the Site. Any simple or hypertext link is strictly prohibited without the express written consent of the Company. In all cases, any link, even tacitly authorized, must be removed upon simple request from the Company.
Only use of the Site for private use, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorized.
Any total or partial reproduction of the Company's catalog is strictly prohibited. Any other use constitutes counterfeiting and is punishable under Intellectual Property law without prior authorization.

Article -16- Processing of personal data

The Company collects Customer data:
a) for the purposes of processing and tracking the Customer's Order on its Site; (and or)
b) for the purposes of being able to contact you about various events relating to the Company, including in particular updating the Products and customer relationship management; (and or)
c) for the purposes of collecting information allowing us to improve the Site and our Products (in particular through cookies).

The data collected is processed by the Site's contractual service providers who are responsible for the packaging and distribution of the Products ordered as well as by the hosting provider the company Shopify Inc. whose servers are secure and protected by a security barrier. fire.

The data collected is kept by the Company only for the time corresponding to the purposes of the collection above and which cannot in any case exceed five (5) years.
In accordance with Law No. 2018-493 of June 20, 2018 relating to the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 known as the General Data Protection Regulation (GDPR) , the Customer benefits from a right of access, modification, rectification, deletion or opposition for legitimate reasons, to his data.
The Customer can exercise his rights by e-mail at abatjour.chamade@gmail.com

Article -17- Comments and other user proposals

If Customer sends any ideas, proposals, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “feedback”), whether requested by Company or otherwise, the Client grants the Company the right, at any time, and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any media any comments that the Client sends to it.
The Company is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation to anyone for any comments provided; (3) to respond to comments.
The Company may monitor, edit or remove content that it determines, in its sole discretion, to be unlawful, offensive, threatening, abusive, libelous, defamatory, pornographic, obscene or criminally objectionable, or which violates any intellectual property or these Terms of Service. Sale.
Customer agrees to write comments that do not violate the rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. The Customer undertakes not to write in his comments any illegal, defamatory, offensive or obscene content, and that they will not contain any computer virus or other malicious software which could affect the operation of the Site or other associated websites. The Customer agrees not to use a false e-mail address, pretend to be someone else, or attempt to mislead the Company and/or third parties as to the origin of their comments.
The Customer is entirely responsible for his published comments and their accuracy. The Company assumes no responsibility and declines any commitment with regard to comments published by the Client or third party.

Article -18- Applicable Laws and Dispute Resolution

The General Conditions of Sale are subject to French law.

The Site reserves the right to initiate criminal proceedings against any attempted fraudulent purchase or purchase with a prohibited or opposed, stolen or falsified bank card. In this context, no attempt at amicable conciliation will be accepted.

The fact that a clause of these General Conditions of Sale becomes null and unenforceable cannot call into question the validity of the other stipulations and does not exempt the Customer from the performance of its contractual obligations.

Compensation

You agree to defend, indemnify and hold Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including reasonable attorneys' fees and court costs, caused by any third party due to or arising out of your use of the Website or our products and services, your violation of the Terms or your breach of your acknowledgments, agreements, representations, warranties and obligations herein.

National or cross-border disputes which may arise regarding the validity, interpretation, execution or non-performance, interruption or termination of this contract may be submitted to mediation at the Customer's request.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, Mediator approved by the Commission for the Evaluation and Control of Consumer Mediation (CECMC), is appointed as Consumer Mediator, to facilitate the resolution of disputes between the Company and its Customers, for a period of three (3) years from [05/01/2019].

The European Commission website describes the mediation process used and allows Clients to submit a mediation request online accompanied by supporting documents.
In particular, the dispute cannot be examined by the Mediator if:

- the Customer does not justify having attempted, beforehand, to resolve his dispute directly with the Company by a written complaint,

- the request is manifestly unfounded or abusive,

- the dispute has previously been examined or is currently being examined by another mediator or by a court,

- the consumer has submitted his request to the mediator within a period of more than one year from his written complaint to the Company,

- the dispute does not fall within its field of jurisdiction.

Mediation is free for the Client. If the Client uses, at any stage of the mediation, a lawyer, a third party of his choice or an expert to defend him, he will bear the costs alone.
The Mediator may not receive any instructions from the parties nor be remunerated based on the result.
Participation in mediation does not exclude the possibility of recourse to a court. The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions. In the event of a dispute before a judge, jurisdiction is assigned to the competent French court.
The Site reserves the right to initiate criminal proceedings against any attempted fraudulent purchase or purchase with a prohibited or blocked bank card, stolen or falsified check. In this context, no attempt at amicable conciliation will be accepted.
The fact that a clause of these General Conditions of Sale becomes null and unenforceable cannot call into question the validity of the other stipulations and will not exempt the Customer from the performance of its contractual obligations.