Terms of Sales
These conditions of sale are concluded on the one hand:
By the self-organization - MARTEL & ENCLUME - whose registered office is located in France, at 1 bis street François René de Chateaubriand (35320), and registered under the number SIRET: 82343628200029, hereinafter called "Martel & Enclume" ,
And on the other hand:
by any natural or legal person, hereinafter referred to as "the buyer", wishing to make a purchase on the website of "www.marteletenclume.com", hereinafter referred to as "the merchant site" or "the site".
Article 1: object
These terms of sale are intended to define the contractual relationship between Martel & Enclume and the buyer and the conditions applicable to any purchase made through the website www.marteletenclume.com. The acquisition of a product through this site implies acceptance without reservation by the buyer of these conditions of sale which the buyer acknowledges having read prior to his order. Before any transaction, the buyer, whether professional or individual, declares to have full legal capacity, allowing him to engage under these terms and conditions of sale.
Martel & Enclume retains the ability to modify these terms of sale at any time, in order to comply with any new regulations or to improve the use of its site. Therefore, the conditions applicable will be those in effect at the date of the order by the buyer.
Article 2. Products
The creations proposed by Martel & Enclume are all handmade and are therefore mainly available in unique copies on the website www.marteletenclume.com, within the limits of available stocks. Martel & Enclume reserves the right to modify the product assortment at any time. Each creation is presented on the website in the form of a description of its main technical characteristics. The photographs are as faithful as possible but do not engage the Seller. They are not contractual and constitute suggestions for presentation.
In case of malfunction of the shop and if several orders are placed simultaneously, the customer who ordered the item first, date and time of the order being authentic, will see only his order validated. Others will be reimbursed for their order or offer an equivalent product if possible.
The sale of the creations presented on the website www.marteletenclume.com is intended for all resident buyers in countries that fully authorize the entry into their territory of these products.
Article 3. Fees
The prices appearing on the product sheets of the online shop are prices in Euros (€) including all taxes (TTC) and are not subject to VAT. Martel & Enclume reserves the right to modify its prices at any time, provided however that the price listed in the catalog on the day of the order will be the only applicable to the buyer. The prices quoted do not include the delivery costs, invoiced in addition to the price of the products bought according to the total amount of the order. These may vary according to fluctuations in Martel & Enclume suppliers' rates.
Article 4. Order and payment methods
Martel & Enclume offers the buyer to order and settle his products in several stages, with 2 payment options to choose from:
- Payment by credit card: the buyer selects the products he wishes to order in the "basket", modifies if necessary (quantities, references ...), checks the delivery address or informs a new one. Then the shipping costs are calculated and submitted to the buyer, along with the name of the carrier. Then, the buyer chooses the method of payment of his choice: "Payment by credit card". This payment will be supported by the STRIPE platform. Finally, the last step offers to check all the information, read and accept these terms and conditions by checking the corresponding box, then invite him to validate his order by clicking on the button "Confirm my order". This last click forms the final conclusion of the contract. Upon validation, the buyer receives a purchase order confirming the registration of his order. Upon confirmation of payment, the order will be processed and the buyer will be informed by e-mail. Martel & Enclume will ship the products within a period of 2 days to 7 working days after receipt of the transfer corresponding to the order, subject to provisions. In case of out of stock of the product ordered, creations made to measure or customization requests, a period of 2 to 30 days will be required for the manufacture or customization of these.
- Secure payment by Paypal: the buyer selects the products he wants to order in the "basket", modifies if necessary (quantities, references ...), checks the delivery address or informs a new one. Then the shipping costs are calculated and submitted to the buyer, along with the name of the carrier. Then, the buyer chooses the method of payment of his choice: "Payment by Paypal". The next step is to check all the information, read and accept these terms and conditions by checking the corresponding box, then invite him to validate his order by clicking on the button "Confirm my order". Finally, the buyer is redirected to the secure PAYPAL interface in order to securely inform his Paypal account credentials or personal credit card. If payment is accepted, the order is registered and the contract definitively formed. Payment by Paypal account or by credit card is irrevocable. In case of fraudulent use of this one, the purchaser will be able to demand the cancellation of the payment by card, the sums paid will be then credited or returned. The responsibility of the holder of a credit card is not engaged if the disputed payment has been proven fraudulently done, remotely, without physical use of his card. In order to obtain a refund of the fraudulent debit and any bank charges that the transaction may have incurred, the cardholder must challenge, in writing, the withdrawal from his bank, within 70 days of the transaction, or 120 days if the contract linking it to it so provides. The amounts withdrawn are reimbursed by the bank within a maximum of one month after receipt of the written dispute formed by the holder. No expenses of restitution of the sums can not be charged to the holder.
The confirmation of an order implies acceptance of these conditions of sale, the acknowledgment of having perfect knowledge and the waiver of its own terms of purchase. All data provided and the recorded confirmation will be worth proof of the transaction. If the buyer has an e-mail address and if he has indicated it on his order form, Martel & Enclume will communicate to him by e-mail the confirmation of the registration of his order.
If the buyer wants to contact Martel & Enclume, he can do it by email at the following address: email@example.com.
Article 5. Retention of title
Martel & Enclume retains the full ownership of the sold products until the perfect collection of the price, in principal, expenses and taxes included.
Article 6. Retraction
Under Article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise his right of withdrawal and thus return the product to the seller for exchange or refund without penalty provided that the creations are intact and have never been worn or used. The return shipping costs will be at the expense of the buyer. This service will not be available for customized & custom orders.
Article 7. Delivery
Deliveries are made to the address indicated on the order form which can only be in the agreed geographical area. Orders are made by La Poste via Courrier suivi or Colissimo.
The package is shipped at the risk of the buyer. Packages and parcels are prepared and protected with great care by Martel & Enclume, which can not be held responsible for any damage occurring during transport after the parcels have been deposited with the Post Office.
Except specific requests or rectifications of the buyer with Martel & Enclume (and within a reasonable time limit to be taken into account), the delivery is made to the address indicated by the buyer when ordering. In case of error on the part of the buyer in the address of the recipient, Martel & Enclume can not be held responsible for the impossibility of delivering the product to the proper destination. In case of return of parcels, the expenses of redirection will be charged to the buyer.
The buyer is obliged to check in the presence of the employee of La Poste or the delivery person, the condition of the packaging of the goods and its contents upon delivery. In case of damage during transport, any protest must be made to the carrier within three days of delivery.
Article 8. Warranty
All products supplied Martel & Enclume benefit from the legal guarantee provided by articles 1641 and following of the Civil Code. In case of nonconformity of a product sold, it can be returned to Martel & Enclume who will take it back, exchange it or refund it according to the agreement concluded between the two parties. All complaints, requests for exchange or refund must be made by email to the following address: firstname.lastname@example.org, within thirty days after delivery.
Article 9. Liability
Martel & Enclume, in the process of distance selling, is held only by an obligation of means. It can not be held responsible for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, break of the service, or other involuntary problems.
The buyer is solely responsible for the choice of these purchases and products after their sales, their conservation and their use. Martel & Enclume can not be held responsible for damage of any kind, whether material or immaterial or physical, which could result from misuse of the products marketed.
Martel & Enclume will not be held responsible or defective for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French case law (unavailability of the product, case of force majeure, disruption or total or partial strike in particular postal services and means of transport and / or communications, flood, fire).
Article 10. Intellectual Property
All the elements of the site www.marteletenclume.com - except the free elements proposed by the host - are and remain the intellectual and exclusive property of Martel & Enclume. Nobody is allowed to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of photo, logo, visual or text.
Article 11. Personal data
Martel & Enclume undertakes to preserve the confidentiality of the information provided by the buyer, which he would have to transmit for the use of certain services. All information concerning him is subject to the provisions of Law No. 78-17 of 6 January 1978. As such, the user has a right to access, modify and delete information about him. He can make the request at any time by email to the following address: email@example.com
Article 12. Dispute Resolution
These conditions of distance selling are subject to French law. For any litigation or litigation, the competent court will be that of Rennes.
Article 13, Confidentiality, personal data, liability
Please consult the Legal Notice.
Last updated: 24/01/2019