Terms of service

TERMS AND CONDITIONS OF SALE AND USE

ARTICLE 1 – OBJECT

These Terms and Conditions of Sale and Use (T&Cs) govern the sale of products offered on the site www.poteriesdesylvie.fr.

They apply to any order placed by a consumer (hereinafter "the Client") on our site.

This website is operated by Sylvie Lastenouse. On this site, the terms "we", "our", and "us", or "the Seller" refer to Sylvie Lastenouse. Sylvie Lastenouse provides this website, including all information, tools, and services available to you, the user, subject to your acceptance of all the terms, conditions, policies, and notices stated herein.

By visiting this site and/or purchasing one of our products, you engage in our "Service" and agree to be bound by the following terms ("Terms and Conditions of Sale", "Terms and Conditions of Sale and Use", "Conditions"), including the terms, conditions, and additional policies referenced herein and/or available by hyperlink. These Terms and Conditions of Sale and Use apply to all users of this site, including but not limited to users who browse the site, who are sellers, customers, merchants, and/or content contributors.

Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use the services offered there.

All new features and tools that will be added to this store in the future will also be subject to these Terms and Conditions of Sale and Use. You can review the most recent version of the Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of the website or access to it after the posting of any changes constitutes your acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.

 

ARTICLE 2 – TERMS OF USE OF OUR ONLINE STORE

By accepting these General Terms and Conditions of Sale and Use, you represent that you are of legal age in your country, state, or province of residence, and that you have given your consent for any minor under your care to use this website.

The use of our products for any illegal or unauthorized purpose is prohibited, and you must not, in the course of using the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses, or any other destructive code.

Any breach or violation of these General Terms and Conditions of Sale and Use will result in the immediate termination of your Services.

 

ARTICLE 3 – GENERAL TERMS

We reserve the right to refuse access to the services to anyone at any time for any reason.

You understand that your content (excluding your credit card information) may be transferred unencrypted, and this implies (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website through which the Service is provided, without our prior express written permission.

The headings used in this agreement are included for your convenience and shall not limit or affect these Terms.

 

ARTICLE 4 – ORDER

4.1 Placing the order

The order is placed by the Client online on the site www.poteriesdesylvie.frThe Client agrees to provide complete and accurate information when placing an order. Once the order is validated, the Client receives a confirmation email. The order will only be considered final after payment has been received.

4.2 Order cancellation

The Seller reserves the right to cancel or refuse any order in case of a prior dispute with the Customer, non-payment, or supply issues.

 

ARTICLE 5 – PRICES AND PAYMENT TERMS

5.1 Price

The prices of the products are indicated in euros, all taxes included (TTC), excluding delivery charges which will be calculated at the time of the order and added to the total amount of the order. Delivery charges can be consulted before ordering on the dedicated page: Shipping Policy

5.2 Payment terms

Payment for products is made at the time of the order. The Seller accepts payments by credit card or any other payment method offered on the site. In case of non-payment, the order will be automatically canceled.

 

ARTICLE 6 – DELIVERY

6.1 Delivery times

Products are shipped within the timeframes indicated on the site at the time of the order. The Seller makes every effort to meet these deadlines but cannot be held responsible for delays due to events beyond its control (strikes, bad weather, etc.). Delivery times can be consulted before ordering on the dedicated page: Shipping Policy

6.2 Delivery

Delivery is made to the address indicated by the Customer at the time of the order. In case of a change of address after shipment, additional fees may be charged.

 

ARTICLE 7 – WARRANTY

7.1 Legal guarantee of conformity

In accordance with Articles L. 217-1 to L. 217-32 of the Consumer Code, all our products benefit from the legal guarantee of conformity. You have a period of two years from the receipt of your order to report a conformity defect.

In case of non-compliance of your product, you may request:

  • The repair of the product.
  • The replacement of the product.
  • A price reduction or cancellation of the sale.

This guarantee applies at no cost to you, and all repairs or replacements must occur within 30 days. If the product is repaired, the warranty is extended by six months..

7.2 Guarantee of hidden defects

Under Articles 1641 and following of the Civil Code, the Seller guarantees the products against hidden defects. The Customer may request a refund or repair of products with a hidden defect. This guarantee applies at no cost to you.

The consumer has a period of two years from the delivery of the good to implement the legal warranty of conformity in case of a non-conformity defect. During this period, the consumer is only required to establish the existence of the non-conformity and not the date of its occurrence.

When the sales contract for the good provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal warranty applies to this digital content or digital service throughout the specified supply period. During this period, the consumer is only required to establish the existence of the non-conformity affecting the digital content or digital service and not the date of its occurrence.

The legal warranty of conformity obliges the professional, where applicable, to provide all necessary updates to maintain the conformity of the good. The legal warranty of conformity gives the consumer the right to repair or replace the good within thirty days of their request, at no cost and without major inconvenience to them.

If the good is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.

If the consumer requests the repair of the good, but the seller insists on replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good.

The consumer can obtain a reduction in the purchase price while keeping the good or terminate the contract and receive a full refund upon returning the good, if:

1° The professional refuses to repair or replace the good;

2° The repair or replacement of the good occurs after a period of thirty days;

3° The repair or replacement of the good causes a major inconvenience for the consumer, particularly when the consumer permanently bears the costs of removal or collection of the non-conforming good, or if they bear the installation costs of the repaired or replaced good; 4° The non-conformity of the good persists despite the seller's unsuccessful attempt to bring it into conformity.

The consumer also has the right to a reduction in the price of the good or to terminate the contract when the non-conformity is so serious that it justifies an immediate price reduction or contract termination. The consumer is not required to request repair or replacement of the good beforehand.

The consumer is not entitled to the resolution of the sale if the non-conformity is minor.

Any period of immobilization of the item for repair or replacement suspends the warranty that remained in effect until the delivery of the restored item.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.

The seller who in bad faith obstructs the implementation of the legal warranty of conformity incurs a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (article L. 241-5 of the Consumer Code).

The consumer also benefits from the legal warranty against hidden defects in accordance with articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the item is kept or a full refund upon return of the item.

 

ARTICLE 8 – RIGHT OF WITHDRAWAL

8.1 Right of withdrawal

In accordance with articles L. 221-18 and following of the Consumer Code, the Client has a period of 14 days from the receipt of the order to exercise their right of withdrawal, without having to provide a reason or incur any penalty. The withdrawal period is indicated in the order confirmation email.

8.2 Exercise of the right of withdrawal

To exercise the right of withdrawal, the Client must notify their decision by filling out the withdrawal form, in accordance with EU directive 2023/2673. The Client may also send their request by mail to the following address: Sylvie Lastenouse, 25 rue de l'hospice, Prades, 66500, France.

Withdrawal form

8.3 Exceptions to the right of withdrawal

The right of withdrawal does not apply to custom-made or personalized products.

 

ARTICLE 9 – CONSUMER MEDIATION

In case of an unresolved dispute, the Client may resort to a consumer mediator. We are members of the association The Consumer Mediation Center of Justice Conciliators (CM2C), which is competent to resolve disputes. The contact details for CM2C are as follows:

  • Name of the association: The Consumer Mediation Center of Justice Conciliators (CM2C)
  • Website: www.cm2c.net
  • Address: 49 Rue de Ponthieu, 75008 Paris

The use of mediation is free and allows for an amicable solution before considering any legal action.

 

ARTICLE 10 – TELEPHONE MARKETING AND BLOCTEL

10.1 Registration on the BLOCTEL List

In accordance with Article L. 223-2 of the Consumer Code, we inform the Customer that they have the option to register on the BLOCTEL telephone marketing opposition list. The Customer can visit the site www.bloctel.gouv.fr to learn more and register for free.

10.2 Collection of Phone Data

If the Seller collects phone contact details, they commit to informing the Customer of their right to register on the BLOCTEL list when collecting this information. The Customer is free to provide their phone information, solely for delivery or order tracking purposes.

10.3 Use of Phone Data

The Seller collects the Customer's phone contact details (not mandatory) solely to keep them informed about the delivery status of their order.

 

ARTICLE 11 – LIABILITY

11.1 Seller's Liability

The Seller commits to providing products that comply with the specifications indicated on the site and to fulfilling its legal obligations. However, its liability cannot be engaged in cases of force majeure, incidents during delivery, or errors made by the Customer when placing the order.

11.2 Limitation of Liability

The Seller cannot be held responsible for indirect damages related to the use of the site or products, except in cases of gross or intentional fault.

 

ARTICLE 12 – PERSONAL DATA

12.1 Data Collection

The information collected during the order is necessary for its processing. It is used solely for the purpose of managing the business relationship, in accordance with our privacy policy.

12.2 Customer Rights

In accordance with the Data Protection Act, the Customer has the right to access, rectify, and delete personal data concerning them. The Customer can exercise these rights by contacting us at the following address: . The Customer can also send their request by mail to the following address: Sylvie Lastenouse, 25 rue de l'hospice, Prades, 66500, France.

12.3 Privacy Policy

The submission of your personal information on our store is governed by our Privacy Policy. Click here to view our Privacy Policy.

 

ARTICLE 13 – ACCURACY, COMPLETENESS, AND CURRENTNESS OF INFORMATION

We are not responsible if the information available on this site is not accurate, complete, or current. The content of this site is provided for informational purposes only and should not be your sole source of information for making decisions, without first consulting more accurate, complete, and up-to-date sources. If you choose to rely on the content presented on this site, you do so at your own risk.

This site may contain certain historical information. Such historical information, by nature, is not current and is provided for your reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.

 

ARTICLE 14 – MODIFICATIONS TO THE SERVICE AND PRICES

The prices of our products may be changed without notice.

We reserve the right at any time to modify or discontinue the Service (including any part or content of the Service) without notice and at any time.

We will not be liable to you or any third party for any price changes, suspension, or interruption of the Service.

 

ARTICLE 15 – PRODUCTS OR SERVICES 

Some products or services may be available exclusively online on our website. These products or services may be available in limited quantities and may only be eligible for returns or exchanges in accordance with our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear in our store. We cannot guarantee that the display of colors on your computer screen will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, and in any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and all product prices may be changed at any time without prior notice, at our sole discretion. We reserve the right to discontinue offering a product at any time. Any offer of service or product presented on this site is void where prohibited by law.

We do not guarantee that the quality of any products, services, information, or any other merchandise you have obtained or purchased will meet your expectations, nor that any errors in the Service will be corrected.

 

ARTICLE 16 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. In the event that we modify an order or if we cancel it, we may attempt to notify you by contacting you at the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate order and account information for all orders placed in our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you if necessary.

For more details, please see our Return Policy.

 

ARTICLE 17 – OPTIONAL TOOLS

We may provide you access to third-party tools over which we have no monitoring, control, or influence.

You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranty, representation, or condition of any kind and without any approval. We will have no legal liability arising from or related to your use of these optional third-party tools.

If you use the optional tools offered on the site, you do so at your own risk and discretion, and you should review the terms under which these tools are offered by the relevant third-party providers.

We may also, in the future, offer new services and/or new features on our site (including new tools and resources). These new features and services will also be subject to these Terms and Conditions of Sale and Use.

 

ARTICLE 18 – THIRD-PARTY LINKS

Some content, products, and services available through our Service may include items from third parties.

Links from third parties on this site may redirect you to third-party websites that are not affiliated with us. We are not obligated to review or evaluate the content or accuracy of these sites, and we do not guarantee and assume no responsibility for any content, website, product, service, or other item accessible on or from these third-party sites.

We are not responsible for any damages or injuries related to the purchase or use of goods, services, resources, content, or any other transaction made in connection with these third-party websites. Please read carefully the policies and practices of third parties and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties must be submitted to those same third parties.

 

ARTICLE 19 – COMMENTS, SUGGESTIONS AND OTHER USER PROPOSALS

If, at our request, you submit specific content (for example, to participate in contests), or if, without a request from us, you send creative ideas, suggestions, proposals, plans, or other items, whether online, by email, by mail, or otherwise (collectively, "comments"), you grant us the right, at all times, and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any media any comment you send us. We are not and shall not be obligated (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comment provided; (3) to respond to comments.

We may, but are not obligated to, monitor, modify, or remove content that we deem, in our sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions of Sale and Use.

You agree to write comments that do not violate the rights of third parties, including copyright, trademarks, privacy, personality, or other personal or property rights. You also agree that your comments will not contain illegal, defamatory, offensive, or obscene content, and that they will not contain any computer viruses or other malware that could affect the operation of the Service or any associated website in any way. You may not use a false email address, impersonate someone you are not, or attempt to mislead us and/or third parties regarding the origin of your comments. You are solely responsible for all comments you post as well as their accuracy. We assume no responsibility and disclaim any liability for any comment you post or that any other third party posts.

 

ARTICLE 20 – ERRORS, INACCURACIES AND OMISSIONS

There may sometimes be information on our site or in the Service that could contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping costs of products, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any other associated website is inaccurate, at any time and without notice (including after you have placed your order).

We are not obligated to update, modify, or clarify the information in the Service or on any other associated website, including but not limited to pricing information, unless required by law. No specific date for updating or refreshing the Service or any other associated website should be taken into account to conclude that the information in the Service or on any other associated website has been modified or updated.

 

ARTICLE 21 – PROHIBITED USES

In addition to the prohibitions set forth in the Terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for illegal purposes; (b) to encourage third parties to engage in illegal acts or participate in them; (c) to violate any regional ordinance or any international, federal, provincial, or state law, rule, or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, mistreat, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on sex, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or could be used in a way that compromises the functionality or operation of the Service or any other associated, independent website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, domain spoof, extort information, crawl, scrape, or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.

 

ARTICLE 22 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee or claim in any way that your use of our Service will be uninterrupted, timely, secure, or error-free.

We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time, we may remove the Service for indefinite periods of time or cancel the Service at any time, without prior notice to you.

You expressly agree that your use of the Service, or your inability to use it, is at your own risk. The Service and all products and services provided to you through the Service are (unless expressly stated otherwise by us) provided "as is" and "as available" for your use, without representation, warranties, or conditions of any kind, express or implied, including all implied warranties of merchantability or fitness for a particular purpose, durability, title, and non-infringement.

Sylvie Lastenouse shall not be held liable under any circumstances for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs, or any similar damages, whether contractual, tortious (even in the case of negligence), strict liability, or otherwise, arising from your use of any service or product from this Service, or regarding any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind arising from the use of the Service or any content (or product) published, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of such damages occurring. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.

 

ARTICLE 23 – SEVERABILITY

In the event that any provision of these General Terms and Conditions of Sale and Use is found to be illegal, void, or unenforceable, that provision may nevertheless be enforced to the fullest extent permitted by law, and the unenforceable part shall be deemed to be severed from these General Terms and Conditions of Sale and Use, such severance shall not affect the validity and enforceability of all other remaining provisions.

 

ARTICLE 24 – ENTIRE AGREEMENT

Any failure by us to exercise or enforce any right or provision of these General Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.

These General Terms and Conditions of Sale and Use or any other policy or operational rule that we publish on this site or regarding the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and replace all prior and contemporaneous communications, proposals, and agreements, oral or written, between you and us (including, but not limited to, any prior version of the General Terms and Conditions of Sale and Use).

Any ambiguity regarding the interpretation of these General Terms and Conditions of Sale and Use shall not be construed against the drafting party.

 

ARTICLE 25 – APPLICABLE LAW

These General Terms and Conditions of Sale and Use, along with any other separate agreement through which we provide you with Services, will be governed by and interpreted in accordance with the laws in force at 25 rue de l'hospice, Prades, 66500, France.

 

ARTICLE 26 – CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE

You can view the most recent version of the General Terms and Conditions of Sale and Use at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these General Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to check our site regularly to see if any changes have been made. Your continued use of or access to our site after the posting of any changes to these General Terms and Conditions of Sale and Use constitutes acceptance of those changes.

ARTICLE 27 – CONTACT DETAILS

Questions regarding the General Terms and Conditions of Sale and Use should be sent to us at

The Client may also send their questions by mail to the following address: Sylvie Lastenouse, 25 rue de l'hospice, Prades, 66500, France.

Â