Art Ironwork

Our General terms and conditions of sale

DEFINITION OF THE PARTIES

Between the company K-DEL,
12 rue de l’église – 72510 Saint Jean de la Motte

registered with the Chamber of Trade and Crafts of Le Mans,
under the SIRET number 79163362100010,
represented by Caroline Delareux
in her capacity as Manager,
duly authorised for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the home page of the site.
Hereinafter the “Seller” or the “Company”.
On the one hand,
And the natural or legal person purchasing products or services from the company,
Hereinafter, “the Buyer”, or “the Customer”.
On the other hand,

PREAMBLE

The Seller is a publisher of products and services marketed through its website (https://www.k-del.fr). The list and description of the goods and services offered by the company can be consulted on the aforementioned site as well as its sales pages.

ARTICLE 1 – PURPOSE

The present General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products and Services offered by the Seller.

ARTICLE 2 – GENERAL PROVISIONS

These General Terms and Conditions of Sale (GTCS) apply to all sales of Products or Services made through the Company’s website and are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these Terms and Conditions at any time by publishing a new version on its website. The GTC applicable at that time are those in force at the date of payment (or of the first payment in the case of multiple payments) of the order. These GTC are available on the Company’s website at the following address: https://www.k-del.fr/cgv . The Company also ensures that their acceptance is clear and unreserved at the time of purchase. The Client declares that it has read all of these General Terms and Conditions of Sale, and where applicable the Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation. The Customer acknowledges that he/she has received the necessary advice and information in order to ensure that the offer is suitable for his/her needs. The Customer declares that he/she is legally capable of entering into a contract under French law or that he/she is validly representing the natural or legal person for whom he/she is contracting. In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions.

ARTICLE 3 – PRICES

The prices of the products sold through the websites are indicated in Euros, all taxes included, and are precisely determined on the pages describing the Products. They are also indicated in Euros, including all taxes (VAT + other possible taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They shall be borne by the Buyer and are the Buyer’s responsibility (declarations, payment to the relevant authorities, etc.). The Seller invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time in the future. The telecommunication costs necessary for access to the Company’s websites shall be borne by the Client. Where applicable, delivery costs are also payable by the Client.

ARTICLE 4 – CONCLUSION OF THE ONLINE CONTRACT

The Customer must follow a series of steps specific to each Product or Service offered for sale by the Seller in order to place an order. However, the steps described below are systematic: – Information on the essential characteristics of the Product; – Choice of the Product, if applicable of its options and indication of the Customer’s essential data (identification, address, etc.); – Acceptance of these General Terms of Sale. – Verification of the elements of the order and, if necessary, correction of errors. – Follow-up of payment instructions and payment of the products. – Delivery of the products. The Customer will then receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. The Customer will receive a .pdf copy of these general conditions of sale. For delivered products, this delivery will be made to the address indicated by the Customer. In order to complete the order correctly, the Customer undertakes to provide truthful identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

ARTICLE 5 – PRODUCTS AND SERVICES

The essential characteristics of the goods and services and their respective prices are made available to the buyer on the company’s websites. The Customer certifies that he/she has received details of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honour the Customer’s order within the limits of available stocks only. In the absence of such availability, the Seller shall inform the Customer accordingly. This contractual information is presented in detail and in French. In accordance with French law, it is summarised and confirmed when the order is validated. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the sales pages of the products, as well as the minimum duration of the proposed contracts when these relate to a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted hereunder are granted solely to the natural person who signs the order (or the person who holds the email address communicated). In accordance with the legal provisions concerning conformity and hidden defects, the Seller will refund or exchange defective products or products that do not correspond to the order. Refunds can be requested by contacting the Seller by email or by letter.

ARTICLE 6 – RETENTION OF TITLE CLAUSE

The products remain the property of the company until full payment of the price.

ARTICLE 7 – DELIVERY TERMS

The products are delivered to the delivery address that was indicated at the time of the order and the time indicated. This period does not take into account the preparation time of the order. When the Customer orders several products at the same time, these may have different delivery times and be delivered in different ways. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to follow up the order. The Seller reminds that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him.

ARTICLE 8 – AVAILABILITY AND PRESENTATION
Orders will be processed within the limits of our available stocks or subject to the stocks available from our suppliers.

ARTICLE 9 – PAYMENT

Payment is due immediately upon ordering, including for pre-ordered products. The Customer may pay by credit card or bank cheque. Secure online payment by credit card is made by our payment service provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment has been made by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating his/her bank details at the time of the sale, the Customer authorises the Seller to debit his/her card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately cancelled by operation of law and the order cancelled.

ARTICLE 10 – WITHDRAWAL PERIOD

In accordance with article L. 121-20 of the French Consumer Code, “the consumer has a period of fourteen clear days to exercise his or her right of withdrawal without having to justify his or her reasons or pay any penalties, with the exception, where applicable, of the cost of returning the goods”. “The period mentioned in the previous paragraph shall run from the date of receipt for goods or acceptance of the offer for services. The right of withdrawal can be exercised by contacting the company by email or telephone. If the right of withdrawal is exercised within the above-mentioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remain at the Customer’s expense. Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition; if possible, they must be accompanied by a copy of the proof of purchase.

ARTICLE 11 – GUARANTEES

In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects in the products. The Seller will refund the buyer or exchange the products that appear to be defective or do not correspond to the order placed. The request for reimbursement must be made by contacting the Seller by email or by letter. The Seller reminds that the consumer: – has a period of 1 year from the delivery of the goods to act with the Seller – can choose between the replacement or the repair of the goods subject to the conditions provided for by the above-mentioned provisions. apparently defective or not corresponding – is exempted from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods. – that, except for second-hand goods, this period will be extended to 24 months as of 18 March 2016 – that the consumer may also claim the guarantee against hidden defects in the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between rescission of the sale or a reduction in the sale price (provisions of Articles 1644 of the Civil Code).

ARTICLE 12 – CLAIMS

If necessary, the Buyer can present any claim by contacting the company k-del by email or by simple letter.

ARTICLE 13 – INTELLECTUAL PROPERTY RIGHTS

The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

ARTICLE 14 – FORCE MAJEURE

The performance of the seller’s obligations under these GTCs shall be suspended in the event of a fortuitous event or force majeure that would prevent their performance. The seller shall notify the customer of the occurrence of such an event as soon as possible.

ARTICLE 15 – NULLITY AND MODIFICATION OF THE CONTRACT

If one of the stipulations of the present contract is null and void, this nullity shall not entail the nullity of the other stipulations which shall remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.

ARTICLE 16 – RGPD AND PERSONAL DATA PROTECTION

In accordance with the European regulation on the protection of personal data, you have the right to question, access, modify, oppose and rectify your personal data. By accepting these general terms and conditions of sale, you agree that we may collect and use this data for the purposes of this contract.

ARTICLE 17 – APPLICABLE LAW

All the clauses contained in these general terms and conditions of sale, as well as all the purchase and sale operations referred to herein, shall be subject to French law.