The commercial site www.emauxdelongwy.com is operated by SAS MANUFACTURE DES EMAUX DE LONGWY 1798 which has full ownership of it, as well as all the rights relating to it. Any reproduction, in whole or in part, is systematically subject to the authorisation of the owners. However, hypertext links to the site are authorised without specific request.
1. Acceptance of the conditions
2. Identification of the Company
3. Information about the items and limitation of liability
7. Validation - confirmation of the order
8. Right of withdrawal
11. Reservation of Ownership
12. Delivery time
13. Terms of Delivery
14. Legal guarantees
15. Intellectual Property
16. Force majeure
17. Disputes - applicable law
18. Legal information
1. Acceptance of the conditions
The purpose of the present general conditions is to define the rights and obligations of the parties in the context of a distance selling of products ordered exclusively from SAS MANUFACTURE DES EMAUX DE LONGWY 1798, offered in the present electronic shop. The customer acknowledges having read, at the time of placing the order, the special conditions of sale set out on this screen and expressly declares that he/she accepts them without reservation. These general terms and conditions of sale shall prevail over any other conditions appearing in any other document. The general conditions are subject to modification and updating, the conditions applicable to the order of an article by a customer are those in force on the day of the order.
2. Identification of the Company :
MANUFACTURE DES EMAUX DE LONGWY 1798
Registered in the Briey Trade and Companies Register
Under N° 817 502 776
Whose head office is located at: 3 rue des Emaux - 54400 LONGWY - FRANCE
3. Information about the articles
The Customer is informed that for technical reasons, the photographs and illustrations of the products appearing on the site may not fully render the appearance of the product in reality (colour, size, reflection, etc.). The Customer is invited to refer to the description of each Product to know its characteristics.
SAS MANUFACTURE DES EMAUX DE LONGWY 1798 cannot be held responsible for interruptions or delays on the site due to force majeure or the impossibility for the customer to access the site temporarily, due to events beyond its control, such as computer breakdowns, interruptions in the telephone network, the Internet network or failure of the customer's Internet reception equipment.
The "Emaux et Faïences" products offered on this site are exclusively manufactured and distributed by LA MANUFACTURE DES EMAUX DE LONGWY 1798 at its operating site 3 rue des Emaux 54400 Longwy. All the pieces are delivered with their certificate of authenticity. They bear the imprint of the Manufacture des Emaux de Longwy 1798, and the number corresponding to the print run for limited edition pieces, thus guaranteeing the originality of each piece.
Important information: Our enamel objects are only decorative, do not pour water inside (cracked earthenware not waterproof) - Never use them for food.
The Longwy enamels are made of cracked earthenware and it is impossible to guarantee their watertightness. In order to overcome this problem, we fill the vase with a waterproofing product, but sometimes a pinhole in the inner surface is enough for water to slowly seep into the clay.
In short, cracked earthenware vases such as Longwy are never really waterproof and are more for decorative use than for being a real container. Enamel balls and enamel vases, apart from the small enamel cone vases, are not intended to hold water and do not undergo any waterproofing treatment.
The products listed on the site are created on demand, subject to limited and numbered editions for certain collections, and are therefore available within this limit.
Information on the availability of the article is provided to you at the time of placing the order. If, despite the Company's vigilance, the items ordered are no longer available, SAS MANUFACTURE DES EMAUX DE LONGWY 1798 undertakes to inform the customer by any means (telephone call or e-mail) as soon as possible and will reimburse the price invoiced, if any, by crediting the customer's account within 30 days at the latest.
Automatic recording systems are considered as proof of the nature, content and date of the order.
The order will only be taken into account by SAS MANUFACTURE DES EMAUX DE LONGWY 1798 if the customer has clearly identified him/herself by providing the information required in the order form (surname and first name, full address, telephone number, email address, etc.).
When registering the customer's personal data, the customer must ensure the accuracy and completeness of the compulsory data provided. Any subsequent changes must be reported as soon as possible.
The information provided by the buyer when placing an order is binding on the buyer: in the event of an error in the recipient's contact details, the seller cannot be held responsible for the impossibility of delivering the product.
7. Validation - confirmation of the order
SAS MANUFACTURE DES EMAUX DE LONGWY 1798 confirms the acceptance of the order to the customer at the email address provided by the customer. The sale will only be concluded once the order has been confirmed.
Validation of the order therefore implies acceptance without restriction or reservation of these general conditions of sale.
SAS MANUFACTURE DES EMAUX DE LONGWY 1798 reserves the right not to confirm an order for any reason whatsoever, in particular "either because of a problem with the manufacture of the product or because of a problem with the order received", to cancel any order from a customer with whom there is a dispute or incident, to suspend or close the account of a customer who contravenes the provisions of the general conditions of sale.
8. Right of withdrawal
INFORMATION ON EXERCISING THE RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract without giving any reason within fourteen days.
The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods.
To exercise your right of withdrawal, you must notify us at the following address Manufacture des Emaux de Longwy 1798 - 3 rue des Emaux - 54400 LONGWY,
your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail. You can use the model withdrawal form but it is not obligatory.
In order for the withdrawal period to be observed, it is sufficient for you to send your communication on the exercise of the right of withdrawal before the withdrawal period expires.
Effects of withdrawal :
In the event of your withdrawal from this contract, we shall refund all payments received from you, including delivery costs (with the exception of any additional costs arising from the fact that you have chosen a delivery method other than the cheaper standard delivery method offered by us) without undue delay and in any event no later than fourteen days from the day we are informed of your decision to withdraw from this contract. We will make the refund using the same method of payment as you used for the original transaction, unless you expressly agree to a different method; in any event, this refund will not incur any costs for you. We may defer the refund until we have received the goods or you have provided proof of dispatch of the goods, whichever is the earlier.
"You must return the goods without undue delay and, in any event, no later than fourteen days after you have informed us of your decision to withdraw from this contract. This period shall be deemed to have been observed if you return the goods before the expiry of the fourteen-day period. "
"You shall bear the direct costs of returning the goods. "
"You shall only be liable for the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the good."
SAMPLE WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract)
For the attention of Manufacture des Emaux de Longwy 1798 - 3 rue des Emaux - 54400 LONGWY - email@example.com :
I hereby notify you of my withdrawal from the contract for the sale of the goods below.
Ordered on :
Received on :
Name and address of consumer :
Date and Signature ..............................................................................
Items returned incomplete, spoiled, damaged, deteriorated or soiled by the customer will not be refunded.
Prices are expressed in euros.
The prices invoiced are those in force on the date of the order.
The price fixed at the time of purchase is firm and definitive. It does not include the participation in the delivery costs invoiced in addition according to the amount of the order and the country of delivery and which will be indicated in the confirmation of the order.
For deliveries within the European Union, the prices take into account the VAT applicable on the day of the order. They are therefore indicated inclusive of VAT.
No other customs duties or VAT will be payable for deliveries within the European Union. Any change in the applicable rate may be reflected in the selling price of the products in the catalogue. For a delivery outside the European Union, the customer will have to pay the customs duties, VAT or other taxes due at the time of the importation of the products in the country of the place of delivery. The related formalities are also the exclusive responsibility of the customer, unless otherwise specified. The customer is solely responsible for verifying the possibility of importing the ordered products with regard to the laws of the country of delivery.
Payment of the full price is due upon placing the order. The customer must allow for manufacturing and delivery times.
Payment for your purchases can be made :
- by credit card: The card is debited when the order is validated. SAS MANUFACTURE DES EMAUX DE LONGWY 1798 reserves the right to request proof of the customer's address (EDF bill, France Télécom bill, etc.) for all credit card payments. The credit card number is encrypted on the customer's computer and then transmitted directly and securely to the Paybox Hmac payment servers of the Crédit Agricole bank without passing through the shop's server. This procedure is managed by SSL encryption technology. This information does not exist in clear text on any website and is therefore inaccessible to us. The order validated by the customer will be taken into account only after reception of the payment and after agreement of the banking payment centre. In case of delay or refusal, the order will be automatically cancelled and the customer will be informed by e-mail.
- by bank transfer, the most secure method of payment and the most suitable for large transactions. The order will be processed as soon as we receive your bank transfer. National bank account number :
Beneficiary: SAS MANUFACTURE DES EMAUX DE LONGWY 1798
IBAN : FR76 1610 6000 0196 0060 6130 033
BIC : AGRIFRPP861
- by cheque, issued by a French bank, made out to : SAS MANUFACTURE DES EMAUX DE LONGWY 1798 to be sent to Manufacture des Emaux de Longwy - 3 rue des Emaux - 54400 LONGWY with your order number written on the back. The customer guarantees the seller, when validating the order form, that he/she is in good standing with the issuer of the cheque for payment. The cheque must be in your name or in the name of the company that placed the order, or in the name of the recipient. It will be cashed on receipt.
- by postal order.
- by Paypal : PayPal allows you to pay online without disclosing your financial information during the transaction.
The products ordered remain the property of SAS MANUFACTURE DES EMAUX DE LONGWY 1798 until the final and full payment of their price.
Any delay in payment shall increase the amount of the claim by a flat-rate penalty of 1.5% per day of delay. The amount of interest shall be capped at 1/3 of the principal claim.
11. Reservation of ownership
The transfer of ownership of our products is suspended until full payment of the price of the products by the Customer, in principal and accessories, even in the event of the granting of payment deadlines. This clause does not prevent the transfer to the Customer of the risks of loss and deterioration of the goods delivered. Any failure by the Customer to pay, for whatever reason, shall entitle emauxdelongwy.com to demand the immediate return of the goods delivered.
The Customer may not under any circumstances resell his unpaid products, nor pledge them, nor transfer the ownership of them as security, unless otherwise explicitly agreed by SAS MANUFACTURE DES EMAUX DE LONGWY 1798. In the event of the resale of goods for which payment is incomplete, the Customer undertakes to pay our company immediately the remainder of the price due.
In the event of non-payment and unless we prefer to demand full performance of the sale, we reserve the right to terminate the sale after notice of default and to reclaim the goods delivered, with the return costs being borne by the Customer and the payments made being retained by us as a penalty clause.
12. Delivery times
Given the specific nature of the "Emaux et Faïences" product and manufacturing constraints, delivery times are estimated at approximately 15 weeks, except for items available immediately or during special sales. SAS MANUFACTURE DES EMAUX DE LONGWY 1798 undertakes to deliver the items ordered by the customer within the times specified above.
13. Terms of delivery
The order is generally delivered by coliposte for Metropolitan France or by carrier for Europe and International. The Customer will be notified by email when the order is shipped. The postman or the carrier delivers the parcel to the recipient at the delivery address indicated by the Customer on the order form, against signature of the delivery slip. If the Customer is absent, the deliveryman will leave a notice in the recipient's letterbox, with instructions for collecting the parcel from the nearest post office or, in the case of a carrier, contact information for a new delivery of the parcel, within a period specified by the carrier. After this period, the parcel will be sent back to LA MANUFACTURE DES EMAUX DE LONGWY 1798 by the post office or by the carrier. If the customer decides to proceed with a new delivery, this is at his/her expense and must be paid for before the return by contacting Customer Service by email.
Our products, which are FRAGILE by destination, are the subject of great care during their packaging. They are effectively protected inside the package to limit the risk of breakage during transport.
Upon delivery of the package, the customer must open it in the presence of the carrier in order to check the condition of the item. In case of damage or breakage of the article, the customer will refuse the parcel, he will write "Refusal of the parcel" and will detail precisely the reason of the refusal, the date and his signature on the delivery note and will keep a duplicate or a copy.
He/she must then send his/her complaints to Customer Services by email.
After this procedure has been followed and the item has been checked with the carrier, the item will be automatically exchanged, subject to availability (limited editions) and taking into account a new manufacturing time. The customer will have the choice either to maintain his order, if the article is still available or to choose a new article, or to cancel his order, in which case the reimbursement of the price paid will be credited to his account within 30 days.
These options will be offered to the customer as soon as he/she complains to our Customer Service.
For deliveries outside of Metropolitan France, the customer agrees to pay all taxes due on the import of products, customs duty, value added tax, and any other taxes due under the laws of the country where the order is received.
14. Legal guarantees
All products supplied by the seller benefit from the legal guarantee of conformity provided by articles L. 217-4 and following of the Consumer Code and the legal guarantee provided by articles 1641 and following of the Civil Code.
When acting under the legal guarantee of conformity, the consumer :
15. Intellectual property rights
SAS MANUFACTURE DES EMAUX DE LONGWY 1798 is the holder of the intellectual property rights on the site www.emauxdelongwy.com and of the right to distribute the elements appearing in the catalogue of the electronic shop and in particular the photographs for which it has obtained the necessary authorisations from the persons concerned.
In accordance with the provisions of the Intellectual Property Code, only use for private purposes is authorised, subject to different or even more restrictive provisions of the Intellectual Property Code.
Consequently, the partial or total reproduction, on any medium whatsoever, of the elements making up the website and the catalogue, their use as well as their provision to third parties are formally prohibited and liable to penalties under the Intellectual Property Act, unless prior authorisation is obtained.
16. Force majeure
The execution by SAS MANUFACTURE DES EMAUX DE LONGWY 1798 of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure which would generate or delay their execution.
SAS MANUFACTURE DES EMAUX DE LONGWY 1798 will inform the customer of any such fortuitous event or force majeure within seven days of its occurrence. In the event that this suspension of the execution of the Company's obligations continues beyond a period of fifteen days, the client will then have the possibility of cancelling the order in progress, and the company will then proceed to reimburse the client as soon as possible.
17. Disputes - Mediation - Applicable law
These general terms and conditions of sale are subject to French law.
In the event of any difficulty arising in connection with the order or delivery of the items, the customer may contact the Customer Service Department of Manufacture des Emaux de Longwy 1798 to find an amicable solution together.
Telephone: (0)382 243 094
E-mail address: firstname.lastname@example.org
Complaints or disputes will be received with attention.
If the dispute persists, the customer may refer the matter to the following consumer mediation body:
Any dispute arising from the interpretation or execution of these general terms and conditions of sale and its consequences shall be subject to the jurisdiction of the French courts.
SAS MANUFACTURE DES EMAUX DE LONGWY 1798 reserves the right to take legal action against any attempt at fraudulent purchase or purchase with a prohibited or blocked bank card, or a stolen or falsified cheque. All the data collected concerning you will then be transmitted to the public prosecutor's office for investigation. No attempt at amicable settlement will be accepted.
Articles 313-1 of the Penal Code: Swindling is the fact, either by using a false name or a false capacity, or by the abuse of a true capacity, or by the use of fraudulent manoeuvres, of deceiving a natural or legal person and thus determining him, to his detriment or to the detriment of a third party, to hand over funds, values or any other property whatsoever, to provide a service or to consent to an act creating an obligation or discharge. Swindling is punishable by five years' imprisonment and a fine of €375,000. If necessary, the Court of Nancy will have sole jurisdiction, regardless of the place of delivery and the method of payment accepted.
The fact that any clause of the general terms and conditions of sale becomes null and void, unenforceable, null and void, illegal or inapplicable as a result of a law, a regulation or following a final decision of a competent court, shall not call into question the validity, legality or applicability of the other stipulations of these general terms and conditions of sale and shall not exonerate the Customer from the performance of its contractual obligations.
18. Legal information
The information and personal data collected for the purposes of distance selling are compulsory, as this information is essential for the processing and delivery of orders and the preparation of invoices. Failure to provide this information will result in the order not being validated. In accordance with the French law on 'Informatique et Libertés', the customer has the right to access, modify, rectify, oppose and delete personal data concerning him/her.