Conditions
general terms of sale
Article 1 - Company
SASU Ceramiq is a simplified joint-stock company with a capital of €10,000, whose registered office is located at 15 Rue les Fourrières 88200 Vecoux and registered with the Trade and Companies Register of EPINAL under the number RCS 988499000 SIRET: 98849900000012, APE CODE: 1419Z, VAT number: FR14988499000
Customer service contact:
Address: 15 Rue les Fourrières 88200 Vecoux
Our advisors are at your disposal from Monday to Friday from 9:00 am to 12:00 pm and from 2:00 pm to 5:00 pm.
Email address: contact@ceramiq-wear.com
Article 2 - General provisions
The present general sales conditions of the company SASU Ceramiq define the rights and obligations of the parties within the framework of the sale of products by SASU Ceramiq to the Customers of the Website ceramiq-wear.com, hereinafter referred to as "the Website".
The Customer declares having taken note of and accepted the rights and obligations related to it. Any order placed on the site is governed by these conditions.
Article 3 - Terminology
All products offered by SASU Ceramiq on its Website are hereinafter referred to as "products".
Products are offered in mainland France and in French language; Each individual or legal entity, of legal age and with legal capacity or holding parental authorization allowing them to place an order on the website www.ceramiq-wear.com wishing to order products from SASU Ceramiq will hereinafter be referred to as "Client". Each purchase or reservation of a product made by a Client on the Website under the conditions set out in these General Terms and Conditions of Sale will hereinafter be referred to as "the order".
Article 4 - Stock and availability
The products offered on the website ceramiq-wear.com are accompanied by an availability indicator and delivery times. This information is regularly updated. A product mentioned as "in stock" is currently in SASU Ceramiq's own stocks. The actual availability of a product can vary rapidly depending on sales made on the site. SASU Ceramiq cannot be held responsible if the indicative availability time of the product(s) and their delivery is modified. In the event of a product being unavailable after placing an order, SASU Ceramiq undertakes to contact the Customer as soon as possible, by phone or email. The Customer can choose to maintain the order or cancel it. SASU Ceramiq will process the refund by crediting the bank account within fourteen (14) days of the Customer's payment.
Article 5 - Ordering terms and prices
5.1. Customers have the option to place orders: • Online at the address: http://www.ceramiq-wear.com
5.2. The Customer guarantees that they are fully authorized to use the payment card provided for the payment of their order and that this card provides access to sufficient funds to cover all costs resulting from the use of ceramiq-wear.com services.
5.3. By clicking on the "I want the same" button during the ordering process, and after verifying the contents of the order in their "Cart" and, if necessary, modifying it, the Customer declares their full and unconditional acceptance of all these General Terms of Sale. After confirming the contents of their order, the Customer will finalize it by payment. The order will only be final upon payment of the corresponding price. SASU Ceramiq will systematically confirm the order of each Customer, and then its shipment by email.
5.4. The price including all taxes for each product is indicated in the corresponding product sheet. The shipping costs of the Customer's order will be indicated to them before final validation. In addition, once the order is validated, the prices and costs will remain accessible in the customer's account on the website. For deliveries outside French territory, the provisions of the General Tax Code regarding VAT will apply.
5.5. Failure by the Customer to comply with the obligations under these General Terms of Sale, particularly regarding any incident of non-payment of the price of an order, may result in the suspension of access to the ceramiq-wear.com service, or even the termination of their customer account depending on the seriousness of the actions involved, without prejudice to any damages that SASU Ceramiq may seek. Consequently, SASU Ceramiq reserves the right to refuse any order from a Customer with whom such a dispute exists.
Article 6 - Product conformity
6.1. The information mentioned on each product sheet includes the technical characteristics of the product. SASU Ceramiq will make every effort to ensure that the photographic representation of the products on the Website is as faithful as possible to the products themselves. However, given the digital presentation mode of products or services on the Internet, it is possible that the Customer's perception of the photographic representation of the products does not exactly correspond to the product itself.
6.2. In case of non-compliance of the product delivered to the Customer, the Customer may return it to the company SASU Ceramiq following the procedure provided in the "Return Products" section accessible on the Website. The Customer may request:
• Either to be delivered an identical product to the one ordered, within the limits of available stocks;
• Or to be delivered a product of equivalent quality and price, within the limits of available stocks;
• Or to be refunded the price of the product or service ordered within 14 days following the Customer's request. The return costs of the ordered product delivered to the Customer, as well as the possible delivery of another product, will be borne by SASU Ceramiq.
6.3. In any case, these provisions do not deprive the Customer of the benefit of their right of withdrawal, as framed by Article 8 of these General Sales Conditions.
Article 7 - Availability of products
In the event of total or partial unavailability of a product after placing the order, the Client will be informed by email of the delivery of a partial order or the cancellation of their order.
In accordance with the provisions of article L 121-20-3 of the Consumer Code, in case of product unavailability, the Client then has the option: • Either to be delivered a product of equivalent quality and price, subject to available stock; • Or to be refunded the price of the ordered product within 14 days of their request. In case of partial delivery, SASU Ceramiq will bear the additional costs related to the extra shipments.
Article 8 - Right of withdrawal
8.1. Scope
Regarding the products sold on the Website, and except for the exceptions listed below, Customers have the right to withdraw and return their product(s) and/or service(s) within seven clear days from the date of delivery, in accordance with the provisions of Article L 121-20 of the Consumer Code, within the framework of online sales. The Customer can, within the seven days following the delivery of their order, and concerning products subject to the right of withdrawal, exercise it by calling the number 04 50 01 56 43 and confirming by e-mail at: contact@ceramiq-wear.com Note: The costs of returning the products remain the responsibility of the Customer. However, certain products defined in Article L.121-20-2 of the Consumer Code cannot be subject to a right of withdrawal by the Customer, the products concerned being designated as such to the Customers before the conclusion of the sale, in the technical specifications.
8.2. Terms
Prior to any return of a product, the Customer must indicate their intention by sending an email to the address: contact@ceramiq-wear.com This right is exercised by returning the product to SASU Ceramiq at the address indicated in Article 9, following the specific procedure that will be indicated on the Website. The Customer's refund will be made by any means of payment within thirty days from the receipt by SASU Ceramiq of the Customer's request to exercise the right of withdrawal, provided that the product has been returned in perfect condition to SASU Ceramiq. The return of all ordered products will result in a refund equal to the purchase price of the purchased product(s) excluding delivery costs.
8.3. Withdrawals
No product can be returned or exchanged during sales periods, promotions, spring/summer sales, fall/winter sales, Black Friday and other promotions
Article 9 - Return procedure for products by the customer
9.1. Return of the product in case of non-compliance or exercising the right of withdrawal
In order to fully benefit from the conditions of article 6 "Compliance" and those of article 8 "Right of Withdrawal", the Customer must return the product to SASU Ceramiq: • Subject to having obtained a return number by email from: contact@ceramiq-wear.com • At the following address: SASU Ceramiq, 15 Rue les Fourrières, 88200 Vecoux France
The product will be returned in its original commercial packaging intact and must be: • Properly protected and over-packaged (over its original commercial packaging), in a perfect resale condition (not damaged, harmed or soiled) and accompanied by all possible accessories, instructions for use and documentation, • Accompanied by the sales invoice in order to identify the Customer (order number, first name, last name, address). • Without the product having obviously been used in any way.
Article 10 - Payment
Card payments are accepted.
Depending on the date of the order, a request for debit from the Customer's bank account will be sent to their bank. The order will be considered effective after confirmation of the agreement of the banking payment centers.
In accordance with current regulations and in order to ensure the security and confidentiality of their information, SASU Ceramiq does not store the banking elements related to the transaction.
It is therefore the Customer's responsibility to save and print their payment certificate if they wish to keep their banking details and information related to their transaction.
Article 11 - Securing
The website is secured by one of the most advanced security systems currently available. It has not only adopted the CM CIC encryption process but also strengthened all scrambling and encryption processes to protect as effectively as possible all sensitive data related to means of payment. SASU Ceramiq never has access to confidential information related to the means of payment. This is why the Customer's banking details are requested with each order.
Indeed, only the CIC has access to confidential information (card number, expiration date) which is inaccessible to third parties.
Article 12 - Delivery
12.1. Delivery location
The products or services will be sent to the delivery address provided by the Customer during the ordering process. In case of an error in the address details, SASU Ceramiq cannot be held responsible for the impossibility of delivery. In this case, the costs incurred for a new delivery will be the responsibility of the Customer and billed at their actual cost. The participation in logistics preparation and shipping costs is understood to be inclusive of taxes. All deliveries are announced by email. When shipping an order, SASU Ceramiq notifies that an original invoice including delivery charges and VAT is accessible online on the Website in the "My Account" section. SASU Ceramiq reserves the right to split its shipments, and the shipping costs will be invoiced based on a single shipment. In the case of a partial shipment, a delivery note will be available in the package summarizing the products and/or services actually present in it. SASU Ceramiq delivers packages everywhere in mainland France, Monaco, and Corsica. The Customer must choose the delivery location: at home, at the office, with a third party, at the holiday location... In case of absence during delivery to the address provided by the Customer, a delivery notice is normally left in the mailbox: Colissimo Delivery The Customer can pick up the package at a Post Office within 10 days following the deposit of this notice. Carrier delivery If the package is delivered by a carrier, a delivery notice is also left in the mailbox of the address provided by the Customer during the order. It will then be the Customer's responsibility to contact the carrier within 7 days to agree on the terms of availability. In case of exceeding the deadlines indicated above, the package will be returned to SASU Ceramiq. The customer service will then contact the Customer for a possible reshipment. Without a response from the Customer within a reasonable time, the customer service will proceed with a refund, with the shipping costs remaining the responsibility of the Buyer. If the carrier cannot leave a delivery notice (unknown address, door code not provided...), they will contact SASU Ceramiq who will try to obtain the missing address details from the Customer. Without a response from the Customer, the package will return to SASU Ceramiq and a refund will then be processed, with the shipping costs remaining the responsibility of the Buyer.
12.2. Delivery time
The delivery times indicated on the website ceramiq-wear.com are average usual delays and correspond to the total processing and shipping times. This deadline will be recalled in the order summary as well as in the delivery tracking on the Website.
12.3. Delivery delay or non-delivery
In such a case, the Customer can contact the customer service of SASU Ceramiq whose contact details are indicated in the "Contact" section of the Website by selecting the subject corresponding to their request. The Customer has the option to cancel their order if the delivery has not taken place at the latest seven working days after the delivery date indicated by SASU Ceramiq unless this delivery delay is due to a force majeure event within the meaning of French court jurisprudence. SASU Ceramiq will request a refund from its bank for the Customer within 10 working days following the cancellation request.
12.4. Partial delivery
The customer will be informed by email of the partial delivery of an order. A second email will inform them of the delivery of the other products ordered.
12.5. Delivery completed
Each delivery is deemed to be made upon the product being made available to the Customer by the carrier, as evidenced by the carrier's control system. The delivery slip provided by the carrier, dated and signed by the Customer upon delivery of the order, will constitute evidence of transport and delivery.
12.6 Non-compliant delivery (transport damage)
Without prejudice to the period available to the Customer under his right of withdrawal defined in article 8 above, it is the Customer's responsibility to check the shipments upon arrival and to make any justified reservations and claims, or even to refuse the package if it appears to have been opened or shows clear signs of damage. These precise and explicit reservations and claims must be addressed to the carrier by registered letter with acknowledgment of receipt within three working days following the delivery of the products, a copy will immediately be sent to SASU Ceramiq.
12.7. Delivery terms based on the shipping method
When a package leaves the warehouses of SASU Ceramiq, it can be shipped either by La Poste ("Colissimo") or by a carrier depending on the Customer's choice. The Customer is informed by email as soon as the package leaves the warehouses about the shipping method of their order. Shipment via Colissimo The Customer is informed of this departure by the sending of an email summarizing the products or services sent and informing them of the tracking number (often starting with 8V...) allowing them to track its progress on the site. www.coliposte.fr. Then you have to wait 2 to 5 business days to receive the delivery or a notice in the mailbox. From the deposit of the notice in the mailbox of the address indicated by the Customer, the latter has about 10 days to pick it up at the Post Office. See article 12.1 Delivery. However, if 5 business days after the shipment of the package, the Customer has not received any news about the order, he must contact the nearest Post Office to the delivery location indicated on the package. Shipment by carrier The Customer is informed of the package departure by the sending of an email summarizing the shipped products (the tracking number is then that of the order: ......). Then you have to wait 1 to 3 business days to receive the order. In case of absence, a notice is left in the mailbox at the address indicated by the Customer. See article 12.1 Delivery.
Article 13 - Guarantees
13.1. Legal guarantee (Article 1641 et seq. of the Civil Code)
SASU Ceramiq undertakes, at the Customer's choice, to: • refund the Customer for the price of the product, • exchange the Customer's product for an identical product depending on available stock, • exchange the product for a product of equivalent quality and price depending on available stock in the event of delivery of a non-compliant product (Article 6 above) and in the event of delivery of a product revealing a hidden defect. For any such request, the Customer must then contact Customer Service by email at contact@ceramiq-wear.com, which will indicate the procedure to follow. These provisions are not exclusive of the right of withdrawal defined in Article 8 above.
13.2. Contractual guarantee (defective products)
Some products may be covered by a contractual guarantee, which will be indicated on the product sheet on the brand's website. These guarantees are clearly detailed on the product description sheet and no Customer may request a broader guarantee than the one indicated. In case of a problem with a product, the Customer must keep the purchase invoice issued by SASU Ceramiq and contact Customer Service by email at contact@ceramiq-wear.com who will provide information on the procedure to follow.
13.3. Exclusion of guarantees
Products modified or repaired by the Customer or any other person not authorized by SASU Ceramiq are excluded from the guarantee. Likewise, the guarantee does not cover apparent defects. The guarantee will not cover products damaged during transport or due to improper use.
Article L211-4 Consumer Code
The seller is required to deliver a product that conforms to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging.
Article L211-5 Consumer Code
To conform to the contract, the product must: 1. Be fit for the usual purpose of a similar product and, where applicable: • Correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model • Present the qualities that a buyer can reasonably expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling 2. Or have the characteristics defined by mutual agreement of the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L211-12 Consumer Code
The action resulting from a lack of conformity is subject to a limitation period of two years from the delivery of the product.
Article 1641 Civil Code
The seller is liable for hidden defects in the item sold that render it unfit for its intended use, or that diminish this use to such an extent that the buyer would not have acquired it, or would have paid a lower price, if they had known about them.
Article 1648 paragraph 1 Civil Code
Actions resulting from redhibitory defects must be brought by the buyer within a period of two years from the discovery of the defect.
Article 14 - Modification of the general terms and conditions of sale
SASU Ceramiq reserves the right to modify these General Terms and Conditions of Sale.
Any new version of these will be notified in advance on the first page of the site. Customers who do not wish for the contractual relationship to be governed by the new version of the General Terms and Conditions of Sale applicable to any new order must notify this and, as of the date on which the new version takes effect, they must stop using the services ceramiq-wear.com.
Article 15 - Personal data
15.1. SASU Ceramiq undertakes to respect the confidentiality of the personal data provided by Customers on the Website and to process them in accordance with the Data Protection Act of 6 January 1978.
15.2. SASU Ceramiq informs the Customer that this data will be used by its internal services and/or those of its subsidiaries: • For processing the Customer's order, • To enhance and personalize communication especially by sending newsletters, special offers (including contests, games, etc.) and special emails as part of customizing the Site based on the observed preferences of Customers. Furthermore, SASU Ceramiq reminds the Customer that if they change their mind and only wish to receive certain categories of emails, they could at any time configure their choices regarding these email sends by going to the Site, in the "contact" section
15.3. SASU Ceramiq informs the Customer that it may also disclose their personal data to ensure the delivery of orders by its service providers, certain aspects of after-sales service, and to conduct satisfaction surveys. In addition, SASU Ceramiq may also disclose this data to comply with a legal order.
15.4. When creating or consulting their account, the Customer may choose to receive, in particular, commercial offers sent by SASU Ceramiq and/or its subsidiaries concerning its commercial partners.
15.5. Furthermore, in accordance with the Data Protection Act of 6 January 1978, the Customer may at any time exercise their right of access to the file, their right to object, and their right to rectify or delete the information concerning them by sending their request (indicating email address, name, surname, postal address): • By email to the address: contact@ceramiq-wear.com • By visiting the Website ceramiq-wear.com, in the "contact" section. • Or by post to the following address: SASU Ceramiq 15 Rue les Fourrières 88200 Vecoux
15.6. CNIL Declaration In accordance with the provisions of law number 78-17 of 6 January 1978, amended in 2004 relating to data processing, files and freedoms, the automated processing of personal data carried out from this Website has been the subject of a declaration to the National Commission for Data Protection and Liberties (CNIL) under number: 1761919 You have a right of access, rectification, modification, and deletion concerning the data that concern you. You can exercise this right by sending a letter to the following address SASU Ceramiq, 15 Rue les Fourrières 88200 Vecoux France.
Article 16 - Miscellaneous
16.1. In the event that any of the terms of the General Terms and Conditions of Sale are considered illegal or unenforceable by a court decision, the other provisions shall remain in effect.
16.2. In accordance with Articles 1316 and following of the Civil Code and, where applicable, Article L.110-3 of the Commercial Code, the information provided by the Website shall prevail between the parties. Elements such as the time of receipt or sending, as well as the quality of the data received, shall take precedence as they appear in the information systems of ceramiq-wear.com, or as authenticated by the computerized procedures of ceramiq-wear.com. unless proven otherwise in writing by the Customer. The probative value of the information provided by the computer systems of ceramiq-wear.com. is that accorded to an original in the sense of a handwritten paper document.
Article 17 - Right - Dispute
The present General Terms and Conditions of Sale in French language will be executed and interpreted in accordance with French law. In the event of a dispute, the Client will first contact SASU Ceramiq to obtain an amicable solution. Failing that, only French courts shall have jurisdiction.