Terms of sale
General conditions of sale of the site paihemestudio.com
The General Conditions of Sale are continuously accessible on the site and prevail over any other version or any other contradictory document. All other provisions are considered null and void. The general conditions of sale described below are intended to govern all contractual relations between Mr POSTEL Pierre-Marie and customers placing an order through the site paihemestudio.com (over the age of 18 and benefiting from full legal capacity). The General Conditions of Sale apply without restrictions or reservations to all sales of products published on the site. Placing an order through the online site implies your unreserved acceptance of the General Terms and Conditions of Sale. To this end, You confirm that you accept all of the General Conditions of Sale when you tick the box “I accept the general conditions of sale” during the process of placing your order. We reserve the right to modify these General Conditions of Sale at any time. We therefore invite you to carefully read our General Conditions of Sale for each new order you wish to place. The applicable T&Cs will be those in force on the day the order is placed.
1 – Orders
The paihemestudio.com online site is accessible 24 hours a day, 24 days a week, subject to its closure for maintenance or repair or in the event of force majeure. These general conditions of sale are accessible at any time and may be modified at any time by Mr POSTEL Pierre-Marie. For the placing of your order: Once the products have been selected, your identification data filled in and your delivery method confirmed, you then proceed to the selection of your method of payment. A summary of your order is then presented to you. It will contain information relating to the products you have selected, prices or delivery methods. An order number will also be assigned to you in order to have a traceability of the orders. From the moment the buyer confirms his order on the paihemestudio.com site, he is considered to have knowingly accepted the content and conditions of the Order in question and in particular these General Conditions of Sale, because that his order implies a payment obligation on his part, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Buyer.
Once this step has been validated, the sale will be final and confirmed by the paihemestudio.com site by sending an "order confirmation" or "preparation of the order in progress" e-mail to the buyer, subject to the exercise by the buyer of his right of withdrawal under the conditions provided for in these General Conditions of Sale in paragraph 13 (i.e. 14 days from the date of purchase).
2 - Price
The prices indicated on the paihemestudio.com site are indicated “All Taxes Included” (TTC), Unless otherwise indicated, the prices indicated do not include shipping costs and all orders are paid in euros. Mr POSTEL Pierre-Marie reserves the right to refuse any order from a customer with whom there is a dispute relating to the payment of a previous order. Any order implies acceptance of the prices and descriptions of the products available for sale (images and descriptions of the product characteristic). The selling prices of the products are those in force at the time of registration of the order, excluding transport costs. If the goods that have been the subject of the same order have not been delivered in full, the balance of the order may be invoiced at the rate in force on the day of delivery. The selling prices of the products may be modified at any time due to external events. Shipping costs are the responsibility of the Customer. They are invoiced in addition to the price of the products according to the amount of the order at the end of the invoice or will be indicated on the estimate given to the customer. If a customer wishes to exchange a product for another (other reference, other capacity) the regenerated transport costs will be at his expense. Return slips are sent to customers only for error on the part of Mr POSTEL PierreMarie or in the case of product failure. The VAT on the price excluding VAT is 20% recoverable for France and DOM TOM, attention, on the DOM TOM the customer will have to pay for his purchases + the Shipping costs adapted according to his place of residence. For international rates and export contact us. The rates on the Mr POSTEL Pierre-Marie site are regularly updated. Typographical errors happen. Only the prices announced on the estimate given to the customer are valid.
3 – Payment Unless otherwise stipulated, the products are payable when ordering.
Any sum paid by the customer prior to the delivery of the product constitutes a deposit on the sale price definitively due by the customer. In the event of late payment, we reserve the right to suspend any delivery until payment of the sums due, or to cancel the orders in progress, without prejudice to any recourse. Penalties of an amount equal to the base bank rate plus 3 points are automatically applicable to amounts unpaid at the end of a period of 10 days following the invoice date or upon notification of the rejection of bank payment for any other means of payment. The delivery of any new order may be suspended in the event of late payment of a previous order.
4 -Delivery Delivery subject to availability.
Orders placed after 15 p.m. will only be taken into account the following day according to our opening hours and the opening days of the carriers. Our product offers are offered within the limits of our available stocks. The delivery times provided for in our order confirmations are given for information only and do not constitute a commitment on our part. Any delays do not give the buyer any rights to cancel the sale, to refuse the goods from the delivery person or to claim damages. The delivery is made mainly by means of the postal carrier. With regard to home delivery, the customer must imperatively open his order and check it, both with regard to the conformity and the quantity of the products, in the presence of the deliverer. In addition, the customer must immediately mention all reservations and complaints that appear justified to Mr POSTEL PierreMarie. In the event of proven non-compliance and if Mr POSTEL Pierre-Marie agrees on a commercial basis to take back your products, the new shipment of the products concerned will be made within the limits of available stocks. The information given by the buyer, when taking the order, commits him: in the event of an error in the wording of the recipient's contact details or personal information. Mr POSTEL Pierre-Marie cannot be held responsible for the impossibility in which it could be to deliver the product. If the products delivered do not conform in kind or in quality to the specifications indicated in the delivery note, the Customer must, on pain of forfeiture, formulate his complaints within fifteen (15) days after delivery. The recipient must request a Report of Spoliation or a Report of anomaly from his deliverer. Once the package has been accepted by the recipient, it is considered to have been received in perfect condition, hence no complaint can be taken into account for Mr POSTEL PierreMarie if the customer has not made any complaint to the delivery person. Our company is released from the delivery obligation for all fortuitous cases of force majeure. Force majeure includes all cases recognized by case law and any malfunction of the Internet network, disruption or total or partial strike in particular of postal services, means of transport, communications as well as weather hazards (flood, fire, etc.).
5 - Retention of title
The information, photos and graphics in the catalogs are only indicative and do not bind Mr POSTEL Pierre-Marie. Product names may be close or exact to similar products otherwise manufactured and sold by third parties. We decline all responsibility (complicity in counterfeiting) in this respect insofar as we only market the products that we buy from our wholesale suppliers, respecting their catalog codes and designations. It is agreed between the parties within the meaning of the law of May 12, 1980, that we retain ownership of the goods delivered until full payment of the price, incidental costs and taxes. The transfer of the risks of loss or deterioration is nevertheless made between your hands from the delivery of the products.
In the event of non-payment of the price or taxes on the due date, and without any other formality or notice, the sale will be automatically canceled in favor of Mr POSTEL Pierre-Marie, subject to any damages for his benefit, in in addition to the installments received which remain definitively acquired by him. This retention of title clause does not prevent the transfer of risks to the customer upon delivery of the products. Consequently, upon delivery, the products are placed under the responsibility of the customer, who bears all risks of loss and damage and takes out any useful insurance in this regard. By express agreement, Mr POSTEL Pierre-Marie may exercise the rights it holds under this retention of title clause, for any of its claims, on all of its products in the customer's possession, these the latter being conventionally presumed to be those unpaid, and Mr POSTEL Pierre-Marie may take them back or claim them as compensation for all these unpaid invoices, without prejudice to his right to rescind sales in progress
6 - Intellectual property
This site is intended to be used for personal and non-commercial purposes. Users are authorized to browse and view the content of the site as well as the elements available from this site on their computer, or any other device such as smartphone, tablet, etc. Also, all the elements reproduced on this site (logos, photographs, products, texts, graphic charter, etc. protected by the intellectual property code and by the civil code are the property of Mr POSTEL Pierre-Marie. Consequently, none of these elements may be represented, downloaded, reproduced, transmitted, translated, sold, commercially exploited or free of charge or reused in any way whatsoever without the prior consent of Mr POSTEL Pierre-Marie.
7 - Liability
The site and its content are accessible by the user. Despite the care taken by the site team to correct errors, inaccuracies and/or inaccuracies and to prevent the introduction of viruses, the site team cannot fully guarantee the accuracy and reliability of all or part of of the content of the site. The user acknowledges and accepts that the use of the site is at his own risk. Mr POSTEL Pierre-Marie cannot be held responsible for damage of any kind, material, immaterial or bodily, which could result from the misuse of the items sold. Mr POSTEL Pierre-Marie: assumes responsibility vis-à-vis the customer for the products delivered, in accordance with the regulations in force. The seller cannot be held liable for any reason whatsoever for any indirect damage. In the event of direct damage, the seller's liability is limited to a maximum amount of 1 euros.
8 – Confidentiality
All bank details entered from the site when placing an order are subject to secure processing and are immediately encrypted. This information is only accessible to our banking partner, so that they can get in touch
with your bank. At no time can we, or any other third party, access your bank details. Your payments are sent to our banking partner on the day of the order.
9 – Warranties
9.1 Legal guarantee: Independently of any commercial guarantee that may be granted to the Internet user, Mr POSTEL Pierre-Marie remains liable for any lack of conformity of the goods sold in accordance with Articles L. 217-4 to L. 217-5 of the Consumer Code French, partly reproduced below. Mr POSTEL Pierre-Marie also remains bound by the legal guarantee against hidden defects under the conditions set out in articles 1641 to 1648 of the Civil Code, as well as in article 2232 of the same code, partly reproduced below.
"Legal guarantee of conformity" (excerpt from the Consumer Code) Article L. 217-4: The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. Article L. 217-5: The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: – if it corresponds to the description given by the seller and has the qualities that it has presented to the buyer in the form of a sample or model; – if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
"Warranty against hidden defects" (excerpt from the Civil Code) Article 1641: The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use , that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known them. Article 1648 paragraph 1: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
9.2 Commercial warranty Certain products sold on the Site may benefit from a commercial warranty, the duration of which is mentioned on the product page of the articles concerned. However, this guarantee will not apply in the event of a problem caused by negligence, deterioration or inappropriate use of the product by the Internet user. Indeed, Mr POSTEL Pierre-Marie draws the Internet user's attention to defects or malfunctions that may only be the consequence of improper installation or handling of the equipment.
9.3 Procedures for exercising the guarantees If the Internet user's product proves to be defective during the legal or commercial guarantee period or does not comply with the order, he submits an after-sales service request by contacting Mr POSTEL Pierre-Marie. To make a return on the paihemestudio.com site, the buyer will contact the seller's after-sales service according to the terms of article 10, if the product is recognized as defective, Mr POSTEL Pierre-Marie will send the buyer a product return number (RMA). Shipping costs will be covered under the conditions provided for by law, regardless of the solution chosen. It is already specified here that all shipping costs of the product, linked to a return occurring under a commercial guarantee, will be the sole responsibility of the Internet user, unless after the return of the product, the defect of conformity is confirmed, the return costs will be reimbursed to you, on receipt, you are therefore invited to keep the receipts for your returns. You will be reimbursed at the basic postal rate for the delivery of a package. After treatment of the product by Mr POSTEL Pierre-Marie who will check in particular whether the product can benefit from the legal or commercial guarantee, the product will be repaired or replaced according to the cost of the repair. If the cause of the breakdown falls within the scope of the legal or commercial guarantee, that the product is not repairable and cannot be exchanged for an identical or equivalent product, this will be reimbursed in the form of a credit note or reimbursement. . In all cases, Mr POSTEL Pierre-Marie will offer the most appropriate solution (replacement of the defective part, replacement of the item or refund). In the event of an abnormal or abusive return or if the Internet user has not read and applied the instructions provided, this return will be considered as a non-compliant return and treated as such.
9.4 The implementation of guarantees: reminder on the return process For any guarantee, legal or contractual, it is reminded that the Internet user is free to choose the method of sending his product and to take out or not take out insurance in the event of loss, theft or destruction of his package. Mr POSTEL Pierre-Marie does not cover any of these costs and cannot be held responsible for the non-receipt of the Internet user's package. Finally, the Internet user is responsible for the packaging method of his product, which must be carried out in such a way that the product can travel without risk of breakage or degradation.
9.5 Limit of contractual guarantees: We draw your attention to the fact that the guarantee does not cover the normal wear and tear of a product, the friction of the parts between them on the parts which remove the surface treatment: paint, etc. Proof of 'a breakdown caused by negligence, deterioration, lack of maintenance or improper use would render the manufacturer's warranty ineffective: - in the event of improper use or modification of the product - in the event of deliberate damage by the customer - if the product has suffered external damage such as a fall, shock, oxidation, fire, etc.
In this specific case, the product may be returned to you as is, or repaired upon acceptance and prior payment of an estimate drawn up by the manufacturer. It is recalled that Mr POSTEL Pierre-Marie cannot be held responsible in the event of the manufacturer's refusal to apply its guarantee for the legitimate reasons set out above. In any case, the manufacturer's warranty does not deprive the buyer and/or the consumer of the provisions of the legal guarantees (in particular the guarantee against hidden defects or the legal guarantee of conformity).
10 – After-sales service
You have a problem in the use or installation of your product, your product is defective or damaged, you wish to exercise your right of withdrawal, Mr POSTEL Pierre-Marie provides after-sales service for its products. You are invited to contact us, either by email at the following address: email@example.com, or by telephone at the following number: +33 (0) 6 28 56 09 28 (non-surcharged number). Our Helpline is open Monday to Friday from 10 a.m. to 17 p.m. to provide you with all the advice and help you need to implement your products. We will then process your request and provide you with an initial diagnosis (with the application or not of the contractual guarantee, breakdown, etc.).
11 – Images of Illustrations and Photos
The images, the illustrations used for the realization of the articles and the various visuals of presentation of the products are not contractual and are produced only at ends of illustration and cannot be used in order to oppose us any complaint of nature that it is. The images and logos are the property of their respective brands, for any complaints regarding these images or illustrations please contact their respective brands directly.
12 - Attribution of jurisdiction
Any dispute regarding the application of these General Conditions of Sale and their interpretation, their execution, the sales contracts entered into by Mr POSTEL PierreMarie or the payment of the price, will be brought before the Commercial Court of Caen, regardless of either the place of order, delivery, payment, method of payment, even in the event of a warranty claim or multiple defendants. Bills of exchange do not constitute either novation or derogation from this jurisdiction clause. The attribution of jurisdiction is general and applies, whether it is a main claim, an incidental claim, an action on the merits or a summary.
13 – Applicable Law and Possible Disputes
This contract is subject to French law. The language of this contract is French. In the event that a dispute arises from this contractual relationship, the parties undertake to seek an amicable solution before any legal action.
14 – Withdrawal periods
14.1 Time limit for exercising the legal right of withdrawal In accordance with Article L. 221-18 of the French Consumer Code, the buyer has a period of (14) fourteen days from the day of receipt of the package containing the products ordered, to exercise its legal right of withdrawal without having to justify its decision.
14.2 Procedures for exercising the legal right of withdrawal The procedures for exercising the legal right of withdrawal are described in article 10 of these General Conditions of Sale.
14.3 Products excluded from the legal right of withdrawal In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for orders relating to the supply of goods which have been unsealed after delivery.
14.4 Consequences of the exercise of the legal right of withdrawal If the products can be the subject of the legal right of withdrawal, the buyer exercising his right of withdrawal under the conditions provided for in this article in terms of time and methods of return of products, will be able to obtain a refund of the returned products as well as the delivery costs of the Order.
14.5 Costs In accordance with Article L. 221-23 of the French Consumer Code, the consumer returns or returns the goods to the professional or to a person designated by the latter, without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw in accordance with Article L. 221-21, unless the professional offers to recover these goods himself. The consumer only bears the direct costs of returning the goods, unless the trader agrees to bear them or if he has failed to inform the consumer that these costs are to be borne by him. However, for contracts concluded off-premises, when the goods are delivered to the consumer's home at the time of the conclusion of the contract, the professional recovers the goods at his own expense if they cannot be returned normally by post because of their nature. The consumer's liability can only be incurred in the event of depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these goods, provided that the professional has informed the consumer of his right of withdrawal, in accordance with 2° of article L. 221-5. 15 – Computing and Freedoms
The information requested from the consumer is necessary for the processing of his order and may be communicated to the contractual partners of Mr POSTEL Pierre-Marie involved in the execution of this order. The consumer can write to Mr POSTEL Pierre-Marie to oppose such communication, or to exercise his rights of access, rectification with regard to the information concerning him and appearing in the files of Mr POSTEL Pierre-Marie in the conditions provided for by the law of January 6, 1978.