Terms and Conditions of Sale

Preamble

The present General Terms and Conditions of Sale (hereinafter the “GTC”) apply exclusively between the company Polyflame Europe S.A.S. (hereinafter “Polyflame”) and any customer (hereinafter “Customer”) making a purchase via the website www.laguioleonline.com (hereinafter the “Site”). Polyflame’s main activity is the manufacturing and marketing of “Art de la Table” products such as household utensils, knives, kitchen accessories and many others.

The GTC define the rights and obligations of the parties in the context of the sale of products by Polyflame on the Site. The T&Cs are the only ones applicable and replace all other conditions, except contrary agreement, express and written of Polyflame. At any time, Polyflame reserves the right to adapt or modify certain points of the GTC, which will be immediately opposable and applicable as from their setting on line

Article 1 – Contract

The contract is considered concluded between the parties at the time of the acceptance of the payment of an order by Polyflame.

By placing an order on the Site, the Customer confirms that he/she has read and accepted the version of the General Terms and Conditions of Sale in force on the day the order was placed.

By accepting the GTC, the Customer declares that he/she has the legal capacity to conclude a contract in the sense of articles 1123 and following of the Civil Code.

Article 2 – Products

The products displayed on the Site are available for sale, subject to sufficient stocks as set out in article 3.2 of the GTC.

Polyflame places at the disposal of the Customer, as an indication, a descriptive card and photographs of the products proposed with the sale. The photos of the products are not contractual. The products are offered for sale for a specific period of time. Polyflame reserves the right to modify the duration of sale of the offered products without its responsibility being able to be committed.

In the event that a product is no longer available on the Site, the Customer is offered the possibility of requesting its reissue (via the “alert me to availability” button). In this case, he is asked to identify himself on the site to receive an email alert in case of resale of these products. Polyflame reserves the right to decide on the availability of the products according to the place of delivery (Metropolitan France and Corsica, DOM-TOM, international…) Polyflame chooses the products which it decides to reissue or to make reissue.

Article 3 – Terms of order, availability and price of products

3.1 Ordering

Orders are placed exclusively on the Site. Any order accepted by Polyflame will involve the sending to the Customer, on the address email informed by this last one at the time of the placing of the order, of an email of confirmation of purchase summarizing the ordered products and the address of delivery. It is the Customer’s responsibility to ensure that the confirmation email sent by Polyflame is not blocked by an email filtering device. Polyflame cannot be held responsible for the blocking or deletion of the purchase confirmation email, regardless of the device involved.

Only the purchase confirmation email guarantees the Customer the availability of the ordered product, subject to Article 3.2 above. Polyflame reserves the right to cancel an order in case the customer commits fraud with the means of payment or any other criminal offence, even after confirmation of the said order.

3.2 Product availability

Each order being the subject of a manufacture or a call for specific delivery by the partner of Polyflame, the latter can be confronted with the unavailability of a product, even after acceptance of the order. In this eventuality, Polyflame will inform the Customer as soon as possible by email or telephone and will propose to the Customer either to cancel his order, or to select a similar product (same price) by indicating the delivery period. In the event of cancellation by the Customer of his order and in accordance with articles L216-6 and L216-7 of the Code of consumption, Polyflame will refund the amount paid by the Customer at the time of the order within a maximum of fourteen (14) working days (except weekend and public holidays) as from the decision of the Customer.

3.3 Prices

The prices displayed in euros on the Site are the prices including all taxes and take into account the VAT rate in force on the day of the order. These prices are exclusive of delivery charges and are firm at the time of validation of the order by the Customer. In spite of all the care brought by Polyflame, it is possible that the prices posted on the Site contain errors. In this eventuality, Polyflame cannot be held responsible for such errors and reserves the right to cancel any order containing a price error. In the event that the Customer’s currency of payment differs from the currency in which the prices are displayed on the Site, the Customer shall be solely responsible for any exchange fees and other bank charges that may be applied by his or her banking institution

3.4 Delivery costs

The Customer participates in the delivery costs of the ordered products. The final amount of these delivery costs appears clearly and distinctly on the Site before the validation of the order by the Customer and its payment. The amount of the delivery charges may differ according to the volume of products ordered and the place of delivery (e.g. Corsica).

3.5 Price Variation

The price applicable to a product is the price appearing on the Site at the time of the order.

Polyflame reserves the right to modify without notice the prices of the products appearing on the Site in the event of modification of the VAT rate, in the event of fluctuation of the costs of production, logistics or for any other reason.

3.6 Payment of the price and invoice

The products and delivery costs ordered are payable directly and in full on the Site, as soon as the order is placed. The Customer expressly recognizes that the communication of his credit card number at the time of the order is worth authorization of debit of his account up to the price of the products and expenses of delivery.

An invoice will then be established by Polyflame, accessible by the Customer from his account on the Site and sent by email.

Article 4 – Delivery

4.1 Delivery time

The shipping and delivery times are indicated on the description of each product, and reminded to the Customer when placing the order. They are calculated in working days: from Monday to Friday, excluding weekends and public holidays. Any delivery of an order will be carried out only on the territory of Metropolitan France and Corsica.

4.2 Place of delivery

The order will be delivered to the address in Metropolitan France or Corsica as indicated by the Customer when registering on the Site and confirmed when placing the order (for delivery to a different address, the delivery address fields must be filled in).

In the event that the Customer wishes to modify the delivery address after having placed his order, this one must send as soon as possible an email to the customer service of Polyflame to the following address: contact.marketplace@polyflame.com, by pointing out the number of the order, the product concerned and by specifying the new delivery address before the order is dispatched. Polyflame reserves the right not to follow up on the request depending on the progress of the Customer’s order. An email of confirmation or refusal will be sent to the Customer. Any additional costs and expenses generated by the change of the delivery address will be the exclusive responsibility of the Customer. Consequently, Polyflame will ask the Customer to pay in advance these possible expenses, before proceeding to the forwarding of the order.

At the time of the order, the Customer will have to provide Polyflame with all useful information (fixed and/or mobile telephone number) and the description of the delivery address (residence, building, number of apartment, dimension of the staircases, doors and access ways not allowing a normal access to the delivery address) to allow the good progress of the delivery. The Customer will be required to measure the access passages to his home in order to confirm to the carrier his accessibility to the product ordered. Deliveries are made on the first floor, except in the case of a health crisis. In case of exceptional events, health crisis, the delivery in letter box will be privileged.

Depending on the method of delivery, the carrier may contact the Customer directly either by telephone or by e-mail to make an appointment for delivery of the product to the address indicated by the Customer. The Customer undertakes to be present on the day of delivery agreed with the carrier. In case of an order composed of several parcels, Polyflame reserves the right to select the most suitable carrier for this specific type of shipment in order to guarantee the quality of the delivery service, which may have a slight impact on the delivery time.

A “walk-in delivery” is offered for some products. In this case, the carrier (Colissimo) will not make a delivery appointment with the Customer. The order will be delivered to the mailbox and a certificate of delivery will be given to the Customer upon request. However, in case of absence of the customer at the time of the first passage of the deliveryman, a notice of passage will be deposited in his mailbox to indicate the provisions taken following this absence. The parcel can then, at the carrier’s discretion, be dropped off at a relay point near the delivery address indicated, be given to a neighbor or another delivery route can also be proposed.

Neither Polyflame, nor the conveyor could be held responsible for an impossibility of delivering the ordered product(s) if the address of delivery communicated by the Customer is imprecise, incomplete or erroneous, or in the event of absence of the Customer during the delivery. All costs (return of products, storage, rental of elevators, etc.) resulting from the absence of the Customer at the time of delivery, an impossibility of delivery or an inaccuracy of the Customer will be the exclusive responsibility of the Customer and will have to be paid before any new delivery of the order.

The delivery in relay point is proposed for certain products. The Customer is notified by email and/or SMS of the availability of the parcel(s) in the relay point. It is the Customer’s responsibility to consult this information and to take the necessary steps to recover his order within the time limit. Any request for reshipment of the package(s), due to an exceeded storage period, will be exclusively at the charge of the Customer. Polyflame, will give, exclusively an estimate to the Customer, for acceptance of these expenses. The Customer will have to pay the forwarding expenses if he wishes a forwarding of the parcel or will be refunded except postal charges if he does not wish the forwarding of the parcel (cancellation of order).

At the time of delivery or receipt of the package in a relay point, it is the Customer’s responsibility to unpack the product(s) in the presence of the carrier (delivery), to check the conformity of the products and to make any reservations and claims that would appear justified and to refuse the non-conforming product(s), without prejudice to the right of withdrawal and the legal guarantees from which the Customer benefits. Any reservation must be written precisely by hand by the Customer on the delivery note. The reservation entered by the Customer must indicate the nature of the damage or the nature of the error (examples of reservations to be entered: “refused, not in conformity with the order”, “refused, damaged product or package”) and must be dated and signed. In case of damage (damaged product) or error (wrong product or wrong color), the Customer must IMPERATIVELY refuse the product delivered at the time of delivery or its receipt in a relay point and confirm his reservations within three (3) working days following the date of delivery by email to the following address: contact.marketplace@polyflame.com. In the event of refusal of a product, the expenses of delivery return will be with the exclusive load of Polyflame.

4.3 Delay in delivery

In case of delay of delivery, the Customer is invited to contact the Customer Service of Polyflame in order to be informed of the modified delivery date. The Customer will be able to choose to cancel the order if the explanations and proposals formulated by the Customer Service of Polyflame do not satisfy him, except if the delay of delivery results from a case of absolute necessity within the meaning of the Civil code and the jurisprudence of the Court of Cassation.

Article 5 – Right of withdrawal and cancellation of order

As from the order and until fourteen (14) calendar days as from the delivery of the products, the Customer can exert his right of retractation near Polyflame, without having to justify reasons nor to pay penalties. In the event of exercise of the right of retractation, the Customer will have to inform Polyflame beforehand by email at the following address: contact@polyflame.com or via its member space on the Site. The email thus sent will constitute the effective date of exercise of the right of withdrawal of the Customer. The return costs remain the responsibility of the customer. Polyflame will act as an advisor in the choice of the carrier. The Customer expressly renounces to send back any product without consulting Polyflame beforehand. In case of exercising this right of withdrawal within the above-mentioned period, only the price of the returned product and the delivery costs indicated in the order will be refunded. The costs and risks of return will remain the exclusive responsibility of the Customer. Any return of product under this article must be made in the original condition and complete of the product (packaging, accessories, instructions, etc.) so as to allow its resale. Any returned product must be sent to the address indicated by Polyflame. Any product returned incomplete or used will not be taken back under the right of withdrawal. Any refund under this article will intervene within fourteen (14) working days following the date on which the returned product is received by Polyflame. The cancellation of an order within the framework of the right of withdrawal only occurs free of charge if the product has not yet been shipped. For any cancellation after shipment, the shipping costs will not be refunded.

Article 6 – Guarantees

Polyflame is committed to providing products that comply with applicable standards and scrupulously meets its obligations in terms of product safety.

All products sold on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 and following of the French Consumer Code) and the legal guarantee against hidden defects (as defined in articles 1641 and following of the French Civil Code), allowing the Customer to return defective or non-conforming Products at no cost.

However, all products that have been modified, repaired or damaged after delivery to the Customer, or due to improper use or handling, are excluded from these guarantees. All defects or non-conformities due to normal wear and tear of the product or caused by a third party are also excluded from these guarantees.

The legal guarantee of conformity and the legal guarantee against hidden defects are not exclusive of each other and do not deprive the Customer of his right of withdrawal defined in Article 5 of the GTC.

6.1 Implementation of the legal guarantee of conformity

The Customer who would notice a defect of conformity of the product within the meaning of the article L. 217-5 of the Code of the consumption can exercise the legal guarantee of conformity within two (2) years as from the delivery of the product.

His request must be addressed to the Customer Service of Polyflame by email at contact@polyflame.comThe Customer is exempted from proving the existence of the product’s lack of conformity during the six (6) months following its delivery.

When the legal guarantee of conformity is implemented, in accordance with articles L. 217-9 and L. 217-10 of the Code of consumption, Polyflame undertakes to take care of the return of the product and undertakes :

– either to repair or replace the product by an identical product according to the available stocks, with the choice of the Customer, unless this choice involves a manifestly disproportionate cost for Polyflame compared to the other modality, taking into account the value of the product or the importance of the nonconformity;

– or to reimburse the price of the product if its repair or replacement proves impossible or presents a major inconvenience for the Customer, or if the replacement or repair cannot be implemented within one (1) month of the Customer’s request. In this case, the refund will intervene within fourteen (14) days after reception of the product by Polyflame.

6.2 Implementation of the legal guarantee against hidden defects

If the Customer finds a hidden defect within the meaning of Article 1641 of the Civil Code, he may exercise the legal warranty against hidden defects within two years from the discovery of the defect.

His request must be addressed to the Customer Service of Polyflame by email to contact@polyflame.com, accompanied by photographs and precise explanations on the nonconformity.

When the guarantee against hidden defects is implemented, Polyflame undertakes, according to the choice of the Customer and after evaluation of the reality of the defect:

– or to refund the full price of the returned product,
– or to refund a part of the price of the product if the Customer decides to keep it.

6.3 Customer information on spare parts

In accordance with Article L.111-3 of the French Consumer Code, the Customer is informed that spare parts for the products are available within a minimum of three (3) months, and within the limit of stocks available from the manufacturer. This delay can vary greatly due to the nature and the origin of the products marketed by Polyflame.

If he wishes to know the period of availability of the spare parts of a product, the Customer can make the request by contacting the Customer service of Polyflame.

Article 7 – Intellectual Property

All elements of the Site, whether visual or audio, are the exclusive property of Polyflame and are protected by copyright, trademarks or patents. Consequently, any total or partial representation of the Site without the express authorization of Polyflame is prohibited and constitutes an infringement.

Article 8 – Personal data

Identity and contact details of the data controller. The person in charge of the treatment of the personal data of the Customer is the company POLYFLAME EUROPE, which can be contacted by mail at 23 allée du^1er Mai 77183 CROISSY BEAUBOURG – France, by e-mail at the address: contact@polyflame.com.

Contact details of the Data Protection Officer. POLYFLAME EUROPE (Polyflame) attaches great importance to the protection of personal data, which is why it has appointed a Data Protection Officer in the person of Mr. Daniel Boughanim, who can be contacted by e-mail at: contact@polyflame.com.

Data collected. POLYFLAME EUROPE (Polyflame) can be brought to collect the following personal data concerning the Customer, by the means of the Site: name, first name, email address, postal address, telephone number,?

Purposes of the processing. POLYFLAME EUROPE (Polyflame) processes these data in order to execute the order, to provide the Customer with information on the Products and, subject to his prior agreement, to send him commercial information and offers.

Recipients of personal data. Only authorized persons within POLYFLAME EUROPE (Polyflame) process the customer’s data. As a matter of principle, these data will not be shared by POLYFLAME EUROPE (Polyflame). As an exception, they may be transferred to its IT and commercial service providers, listed in our privacy policy.

Duration of the storage of personal data. The personal data collected is kept for the duration of the contract and for 2 years after the end of the contract, in accordance with legal, fiscal, contractual and judicial obligations.

Transfer of data outside the EU. Customer data is not transferred outside the EU. All service providers and subcontractors of POLYFLAME EUROPE (Polyflame) are located in the EU and are contractually committed to ensure the confidentiality and security of the processing of personal data of the Customer to which they have access, and to use them only on the instructions of POLYFLAME EUROPE (Polyflame) for the purposes of the mission that has been entrusted.

Rights of the persons concerned. According to the European Data Protection Act, the Customer has the right to ask POLYFLAME EUROPE (Polyflame) for access to personal data concerning him, the rectification or deletion of such data, a limitation of the processing of data concerning him, the right to object to the processing and the right to portability of data concerning him.

In addition, under the French Data Protection Act, the Customer has the right to define directives concerning the conservation, deletion and communication of his personal data after his death.

How to exercise your rights. These rights can be exercised by mail addressed to: Polyflame Europe SAS (Polyflame), 23 ALLEE DU 1er MAI CS 31030 CROISSY-BEAUBOURG 77435 MARNE LA VALLEE CEDEX 2.

Right to lodge a complaint with a supervisory authority. In addition, if the Customer does not succeed in exercising the aforementioned rights with the data protection officer of POLYFLAME EUROPE (Polyflame), he has the option of lodging a complaint with the CNIL, by means of the online complaint service on the CNIL website: https://www.cnil.fr/, or by mail by writing to : CNIL – Service des Plaintes – 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07.

Information on the requirement to provide personal data. The provision of your personal data is a condition for the conclusion of the contract. If you do not provide us with this information, we will not be able to validate your order, nor to execute it.

Article 9 – Liability

The only responsibility of Polyflame under an order or more generally with regard to the Customer is that stated in article 6 of the GCS. Polyflame shall not be liable for any indirect, special or consequential damages arising out of or in connection with any order, on any basis whatsoever. The responsibility of Polyflame could not be committed in the case where the non-fulfilment of its obligations would be ascribable to the unforeseeable or insurmountable fact of a third party to the contract, or with a case of absolute necessity such as defined by the Civil code and the jurisprudence of the Court of Cassation or with a fact out of the control of Polyflame. The responsibility of Polyflame could not be committed for all the inconveniences or damage inherent in the use of the Internet network, in particular a rupture of service, an external intrusion or the presence of computer virus. The obligation of Polyflame under the contract is an obligation of means limited to the treatment of the orders.

Article 10 – Polyflame Customer Service

For any information or question on the products or methods of placing or carrying out an order, the Customer can contact Polyflame :

– via the contact form of the Site.

– by email : contact@polyflame.com

– by mail:

Polyflame Europe

After sales service – online sales

23 ALLEE DU 1er MAI

CS 31030 CROISSY-BEAUBOURG

77435 MARNE LA VALLEE CEDEX 2

Article 11 – Applicable law

The GTC are subject to French law, as are all orders placed by the Customer on the Site.

In the event that any of the provisions of the GTC are found to be unlawful, unwritten or unenforceable, in particular due to a change in legislation, this shall in no way affect or modify the validity of any other provision of the GTC, and shall not exempt the Customer from the performance of its obligations.

Article 12 – Disputes

In case of complaint or dispute, the Customer is invited to contact directly the Customer Service of Polyflame in order to try to find an amicable solution.

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Polyflame adheres to the Service of the Mediator of e-commerce of the FEVAD (Federation of e-commerce and distance selling) whose coordinates are as follows: 60 Rue La Boétie – 75008 Paris – France https://www.mediateurfevad.fr.

After prior written request from the Customer to the Customer Service of Polyflame to the coordinates mentioned above, the Mediator’s Service can be contacted for any consumer dispute whose settlement would not have succeeded. You can find information on how to contact the Ombudsman here.

In addition, the Customer can submit any complaint on the dispute resolution platform put online here by the European Commission :

In the absence of amicable resolution of the dispute, the French courts will have exclusive jurisdiction.

Article 13 – Evidence

In accordance with article 1368 of the Civil Code, the parties intend to set the rules of evidence admissible between them in the event of a dispute. As such, the computerized registers, kept in the computer systems of Polyflame and, if necessary, of its partners in reasonable conditions of safety, will be regarded as proof of the communications, the orders and the payments occurred between the parts, without prejudice to the possibility for the Customer of bringing the contrary proof by any legally recognized means.