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TERMS OF SALES

 

 

These General Conditions of Sale are those governing the products of the SLOW POTTER brand distributed by the company JASMIN 23 09, SAS with capital of ten thousand euros, registered in the Paris Trade and Companies Register under number 850984675 – VAT number intra-community: FR76850984675 – Email: sawasdee@slowpotter.com

 

1 – Entirety

 

These general conditions of sale express the entirety of the obligations of the parties.
In this sense, the buyer is deemed to accept them without reservation.
These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible on the website https://www.slowpotter.com and will prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. These modifications will be applicable as soon as they are posted online.
If a condition of sale were to be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.

 

2 – Object

 

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website www.slowpotter.com.

 

3 – Pre-contractual information

 

3.1 The buyer acknowledges having been informed, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 221 -5 of the consumer code.

 

3.2 The following information is transmitted to the buyer in a clear and understandable manner:

  • the essential characteristics of the products for sale on the site;
  • the price of products for sale on the site;
  • the date or deadline by which the seller undertakes to deliver the good, whatever its price;
  • information relating to the identity of the seller, his postal and electronic contact details, and his activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and terms implementation of guarantees and other contractual conditions.

3.3 The seller communicates to the buyer the following information:

  • its name or company name, the geographical address of its head office and its email address.
  • the terms of payment, delivery and execution of the contract, as well as the terms provided by the professional for the processing of complaints;
  • in the event of sale, the existence and methods of exercising the legal guarantee of conformity provided for in articles L. 217-1 et seq. of the Consumer Code, the guarantee against hidden defects provided for in articles 1641 et seq. of the civil code, as well as, where applicable, the commercial guarantee and after-sales service respectively referred to in articles L. 217-15 and L. 217-17 of the consumer code;

 

4 – The order

 

The buyer has the option of placing their order online.
After creating an account, the buyer can add as many items as they want to the cart.
Before definitively validating their order, the buyer will have the opportunity to check the details, correct any errors or delete items from their order.
The sale will be considered final:

  • after sending the buyer confirmation of acceptance of the order by the seller by email;
  • and after collection by the seller of the entire price of the order.

Any order constitutes acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, including non-payment, incorrect address or other problem with the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.
Cancellation of the order for the product ordered and its possible refund will then be made.
Finally, the buyer may question the buyer at any time prior to the order, in order to obtain additional information on the items, or after the order, in order to know its progress. The buyer must then contact the seller at the following email address: sawasdee@slowpotter.com.

 

5 – Electronic signature

 

The online provision of the buyer’s bank card number and the final validation of the order will constitute proof of:

  • the paymentability of the sums due under the purchase order,
  • the signature and express acceptance of all operations carried out by the buyer.

 

6 – Order confirmation

 

Upon validation of the order and effective payment of the corresponding price, the buyer will receive at the e-mail address he provided when placing his order a confirmation from the seller, containing the identification of the items purchased, the amount paid and the delivery address provided.

 

7 – Proof of transaction

 

Computerized records, kept in the seller’s computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

 

8 – Product information

 

The products governed by these general conditions are those which appear on the seller’s website and which are indicated as sold and shipped by the seller. They are offered while stocks last.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.
The photographs of the products are not contractual.

 

9 – Price

 

The prices of the products correspond to the prices indicated on the seller’s e-commerce site.
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.
Currency is automatically generated based on the buyer’s location and will be confirmed at checkout. It is specified here that specifically with regard to the symbol $, it automatically and systematically refers to American Dollars.
When the prices displayed on the site do not take delivery costs into account, these will be charged additionally, and they will be clearly indicated before final validation of the order.
The prices always take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
Payment of the entire price must be made when ordering. At no time can the sums paid be considered as deposits or deposits.
If one or more taxes or contributions, particularly environmental, were to be created or modified, either up or down, this change may be reflected in the selling price of the products.

 

10 – Payment method

 

This is an order with obligation to pay, which means that placing the order involves payment by the buyer.
To pay for his order, the buyer has, at his choice, all the payment methods made available to him by the seller, namely payment by ApplePay and Paypal and by bank cards (credit and debit). The list of bank cards accepted by the seller is communicated to the buyer when placing the order.
The buyer guarantees to the seller that he has the authorizations that may be necessary to use the payment method chosen by him, when validating the order form.
The seller reserves the right to cancel any order management and any delivery in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment.
The seller reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. .
Payment of the price is made in cash at the time of ordering. The buyer will therefore be debited at that time.
Payments made by the buyer will only be considered final after actual collection of the sums due by the seller.

 

11 – Delivery time – Product availability

 

Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, shipping times will be, within the limits of available stocks, those indicated below.
Shipping times run from the date of registration of the order indicated on the order confirmation email.

  • For deliveries to mainland France and Monaco, the indicative delivery time is three (3) working days.
  • For deliveries to Overseas Territories, the indicative delivery time is six (6) to eight (8) working days depending on the destination.
  • For deliveries to Europe, the indicative delivery time is four (4) to seven (7) working days depending on the destination.
  • For international deliveries, the indicative delivery time is four (4) to eight (8) working days depending on the destination.

In the event of non-compliance with the agreed delivery date or deadline, and excluding cases of force majeure or incidents occurring after delivery of the package to the carrier, the buyer must, before resolving the contract, instruct the seller to execute it within a reasonable additional period.
In the absence of execution at the expiration of this new period, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.
The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has complied in the meantime.
In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.
If the ordered product is unavailable, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer will then have the choice of requesting either a refund of the sums paid within 30 days of payment at the latest, or an exchange of the product.

12 – Delivery terms and prices

 

12.1. Delivery terms

Delivery means the handing over of the ordered goods to the buyer or any third party authorized by him.
It is only made after confirmation of payment by the seller’s banking organization.
The products ordered are delivered via Colissimo.
No delivery is made:

  • In countries prohibited by export laws and regulations;
  • In post office boxes or similar addresses.

The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy.
Products from the same order cannot be delivered to different delivery addresses (in other words, one delivery address per order).
Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer’s expense.
If the buyer is absent on the day of delivery, the delivery person will leave a calling card in the mailbox, which will allow the package to be collected from the location and during the time indicated.
If at the time of delivery, the original packaging is damaged, torn or opened, the buyer must then check the condition of the items.
In the event of a delivery anomaly (damaged item, etc.), the buyer must then refuse the package or indicate on the delivery note and in the form of handwritten reservations accompanied by his signature the anomalies noted.
This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the item(s) and send a copy of this letter by email or simple mail to the seller at the address indicated in the instructions. legal of the site.

 

12.2. Price

The delivery price of the order will be calculated during payment, before final validation of the order, depending on the number of items ordered and the country of destination.

 

12.3. International delivery

The seller draws the buyer’s attention to the fact that, in the event of international delivery, it is possible that the products will be opened and inspected by customs authorities.
These products may be subject to import taxes to be paid upon receipt of the order. These import taxes are borne exclusively by the buyer and the seller cannot be held responsible for such taxes.
Also, the buyer is invited to contact his local customs authority, prior to any order, in order to obtain any useful information on this subject.

 

13 – Delivery errors

 

In addition to the reservations made to the carrier, the buyer must make to the seller the same day of delivery or at the latest the first working day following delivery, any claim of delivery error (e.g.: damaged product, opened package , etc.).
The complaint must be sent by email to: sawasdee@slowpotter.com
A response will be provided by the seller within seven (7) days following receipt of the buyer’s complaint.

 

14 – Transfer of ownership and risks

 

The transfer of ownership will only take place upon full payment of the price to the seller.
However, the buyer only bears the risks concerning the products ordered from the moment they are delivered to the address indicated when placing the order.

 

15 – Product Warranty

 

The seller guarantees the conformity of the goods with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the Consumer Code or the guarantee of defects of the thing sold within the meaning of articles 1641 et seq. of the civil code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:

  • the buyer has a period of 2 years from delivery of the goods to act;
  • the buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for by L. 217-17 of the Consumer Code;
  • the buyer is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods.

In addition, it is recalled that the buyer may decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the civil code, subject to providing proof that he meets the conditions of warranty. This request must be made within two (2) years following the discovery of the defect. In this case, he can choose between canceling the sale or reducing the price in accordance with article 1644 of the civil code.

 

16 – Right to retract

 

In accordance with the provisions of the Consumer Code, the buyer has a period of fourteen (14) working days from the date of delivery of their order, to return any item that does not suit them and request an exchange or replacement. refund without penalty, with the exception of return costs which remain the responsibility of the buyer.
The products must, however, be returned in their original packaging and in perfect condition within fourteen (14) days following notification to the seller of the buyer’s decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice.
Otherwise, the product will not be refunded to the buyer and will in fact be returned to them.
The right of withdrawal can be exercised using the withdrawal form available on the website www.slowpotter.com. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the desire to retract.
If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the delivery costs will be refunded. Import taxes will only be refunded if they were included in the purchase price.
To return the item(s) to the seller, the buyer must send the goods to the following address

JASMINE 2309
25, rue Titon
75011 Paris
France

The buyer must be able to prove this shipment. Therefore, the package must be returned to the seller by registered mail or by any other means allowing the shipment to be given a certain date. The buyer will then be reimbursed for the full amount of the returned items and the cost of delivery. However, return costs are the responsibility of the seller.
Refunds will be made via the payment method used when ordering. Under these conditions, reimbursements by PayPal are automatically made to the buyer’s PayPal account.
The refund will be made within fourteen (14) days from receipt, by the seller, of the products returned by the buyer under the conditions provided for above.

 

17 – Force majeure

 

Any circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes of exemption from the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
All irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure lasts for more than three months, these general conditions may be terminated by the injured party.

 

18 – Intellectual property

 

The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, the sole owner of the intellectual property rights to this content.
Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

 

19 – Partial non-validation

 

If one or more stipulations of these general conditions are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.

 

20 – Non-waiver

 

The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.

 

21 – Title

 

In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

 

22 – Contrat language

 

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.

 

23 – Mediation

 

In accordance with the provisions of arts. L. 611-1 to L. 616-3 of the Consumer Code, the buyer is informed that he can resort to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code.
In the event of failure of the complaint request to the Seller’s customer service, or in the absence of a response within two months, the buyer may submit the dispute to a mediator who will independently attempt to bring the parties together. with a view to obtaining an amicable solution.

 

24 – Applicable law

 

These general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This is the case for substantive rules as well as for formal rules. In the event of a dispute or complaint, the buyer will contact the seller as a priority to obtain an amicable solution.

 

Article L. 217-4 of the Consumer Code:
The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.

 

Article L. 217-5 of the Consumer Code:
The property complies with the contract:
1° If it is suitable for the use usually expected of similar goods and, where applicable:
• if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
• if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
• Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

 

Article L. 217-12 of the Consumer Code:
The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.

 

Article L. 217-16 of the Consumer Code:
When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of At least seven days are added to the remaining warranty period.
This period runs from the buyer’s request for intervention or the making available for repair of the good in question, if this making available is subsequent to the request for intervention.

 

Article 1641 of the Civil Code:
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not have used it. would have given only a lower price, if he had known them.

 

Article 1648 of the Civil Code:
Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be released from apparent defects or lack of conformity.

 

Withdrawal form

 

To the attention of: JASMIN 2309, 25 rue Titon – 75011 PARIS, FRANCE
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the property (*) below:

Nature of good:

Ordered on:

Name of consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only if this form is notified on paper):

Date and place of signature:

 

(*) Delete what is unnecessary.