Preamble
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
4. Products
5. Availability
6. Ordering
7. Validation - confirmation of the order
8. Right of withdrawal
9. Prices
10. Payment
11. Reservation of Ownership
12. Delivery time
13. Terms of Delivery
14. Compliance
15. Warranty
16. Intellectual Property
17. Force majeure
18. Disputes - applicable law
19. 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 and 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 :
SAS MANUFACTURE DES EMAUX DE LONGWY 1798
Registered in the Briey Trade and Companies Register
Under N° 817 502 776
Whose head office is located: 3 rue des Emaux - 54400 LONGWY - FRANCE
Telephone: +33/(0)382 243 094
3. Information relating to the articles and limitation of liability
While taking the greatest care and accuracy in putting the information on line, in the descriptions of the articles and the data available on the site, as well as in their regular updating, SAS MANUFACTURE DES EMAUX DE LONGWY 1798 cannot be held responsible for any non-substantial errors that may occur. Similarly, although the photographs and graphics of the articles on the site faithfully represent them within the limits of technology and in compliance with the best market standards, they are nevertheless only indicative and have no contractual value.
More generally, SAS MANUFACTURE DES EMAUX DE LONGWY 1798 cannot be held responsible for interruptions or delays on the site due to maintenance work, technical breakdowns, force majeure, third parties or any other circumstances whatsoever, beyond its control. The impossibility for the client to access the site temporarily, due to facts beyond its control, such as computer breakdowns, interruptions in the telephone network, the Internet network or the failure of the client's Internet reception equipment.
4. Products
The 'Emaux et Faïences' products offered on this site are exclusively manufactured and distributed by MANUFACTURE DES EMAUX DE LONGWY 1798 at its operating site 3 rue des Emaux 54400 Longwy. All 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 Emaux objects are for decorative purposes only, do not pour water inside - Never use them for food.
The Longwy enamels are made of cracked earthenware, it is difficult to guarantee their watertightness. In order to overcome this drawback, we fill earthenware vases and small cone-shaped vases made of enamels with a waterproofing product, but sometimes all it takes is a pinhole in the inner surface for water to slowly seep into the clay.
In short, cracked earthenware vases such as Longwy are never really watertight and are intended more for decorative use than as a true container. Enamel balls and enamel vases, apart from the small cone vases, are not intended to hold water and do not undergo any waterproofing treatment.
5. Availability
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.
6. Order
The 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 wording of the recipient's address and telephone number, 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 that the latter has provided. 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
In accordance with the provisions of Articles L.121-20 et seq. of the French Consumer Code, the customer has a right of withdrawal that he/she may exercise within fourteen (14) clear days from receipt of the items. Within this period, the customer may return the items delivered within this period, in their original packaging, in perfect condition, complete (accessories, instructions, warranty certificate, etc.) and accompanied by a copy of the invoice, to the following address LA MANUFACTURE DES EMAUX DE LONGWY 1798, 3 rue des Emaux 54400 LONGWY.
It is the customer's responsibility to keep all proof of this return, which implies that the articles are returned by registered post or by any other means giving a certain date, the return costs remaining at the customer's expense in any case.
The reimbursement of the invoiced price of the returned items will be made by crediting the customer's bank account, at the latest within thirty days following receipt of the returned items. If the customer so wishes, SAS MANUFACTURE DES EMAUX DE LONGWY 1798 may issue a credit note for a sum equivalent to the order. In this case, the invoiced price of the returned items will not be reimbursed.
Items returned incomplete, damaged, deteriorated or soiled by the customer will not be refunded.
9. Prices
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.
10. Payment
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 credit card is debited at the time of validation of the order. Emauxdelongwy.com reserves the right to request proof of residence (EDF bill, France Telecom 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 bank cheque, issued by a French bank, made out to SAS MANUFACTURE DES EMAUX DE LONGWY 1798 and 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 these 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 fulfil his payment obligation, for whatever reason, authorises SAS MANUFACTURE DES EMAUX DE LONGWY 1798 to demand the immediate return of the goods delivered.
The Customer may not under any circumstances resell his unpaid products, nor pledge them or transfer ownership of them as security, unless otherwise expressly 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
IMPORTANT INFORMATION: As our order book is full, our delivery times for items not in stock are of the order of 11 weeks maximum.
Please contact us for availability.
Given the specific nature of the "Emaux et Faïences" product and manufacturing constraints, delivery times are estimated at 11 weeks, except for items immediately available during sales or special offers. SAS MANUFACTURE DES EMAUX DE LONGWY 1798 undertakes to deliver the items ordered by the customer within the times specified above.
However, the delivery times are only given as an indication, and any overrun of the time limit may not give rise to any damages, withholding or cancellation of the order by the buyer; if, by way of exception, the items ordered have not been delivered within 30 days of the indicative delivery date, for any reason other than force majeure, the sale may be cancelled at the written request of the Customer or SAS MANUFACTURE DES EMAUX DE LONGWY 1798, and the sums paid by the Customer will then be returned to him within a maximum period of 30 days, to the exclusion of any indemnity or deduction.
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 must then send his complaints to the Customer Service by email at the latest within one working day after the delivery.
No claim can be taken into account at a later date.
Thus, any anomaly which is not dealt with by the customer in accordance with the rules defined above and within the time limits set will not be taken into account and will release SAS MANUFACTURE DES EMAUX DE LONGWY 1798 from all responsibility.
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. Conformity
The customer must ensure that the items delivered to him correspond to his order. In the event that the articles delivered do not comply with the order, the customer must inform Customer Services as soon as possible, either by telephone (on the number indicated in Article 2), or by e-mail justifying the non-conformity of the article with the order, after verification of the complaint, the company will inform the customer of the methods of returning the articles and of the follow-up of his order.
In the absence of a possible exchange of the returned article, the customer will have the possibility of choosing a new article, or of cancelling his order, in which case, the reimbursement of the price paid will be credited to his account at the latest within 30 days following receipt by LA MANUFACTURE DES EMAUX DE LONGWY 1798 of the returned articles.
15. Guarantee
In order to avoid any inconvenience, the parts are checked by our quality department before being sent. However, the customer benefits from a contractual guarantee against any defects that the delivered product may present for a period of 3 months from delivery subject to normal use and in compliance with the recommendations set out in the documents linked to the products and the attached instructions for use.
Notwithstanding the specific warranty conditions that may have been given to the Customer with the delivered item, the products of La Manufacture des Emaux de Longwy are subject to the warranty conditions provided for by law, and more particularly articles L.211-4, L.211-5 and L.211-12 of the French Consumer Code and against hidden defects provided for by articles 1641 and 1648 paragraph 1 of the French Civil Code.
16. Intellectual property rights
LA 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.
17. 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. The following are considered as such, without this list being restrictive: war, riots, insurrection, social unrest, telephone or computer breakdowns or serious damage to the security and coherence of the Internet network, and strikes of any kind.
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.
18. Disputes - applicable law
The present general conditions of sale are subject to French law.
In the event of any difficulty arising from the order or delivery of items, the customer may contact the Customer Service Department of SAS MANUFACTURE DES EMAUX DE LONGWY 1798 to find an amicable solution.
Complaints or disputes will be received with attention.
Any dispute which may arise from the interpretation or execution of these general conditions of sale and its consequences will 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 act, either by using a false name or capacity, or by abusing a true capacity, or by using fraudulent manoeuvres, of deceiving a natural or legal person and thus determining, to his detriment or to the detriment of a third party, to hand over funds, securities or any other property whatsoever, to provide a service or to agree to an act creating an obligation or discharge. Fraud 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.
19. 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.
