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Condition Générales de vente de la boutique Marion Richaume

GENERAL

1.1 These General Terms and Conditions of Sale (hereinafter referred to as the "GTCS") govern all relations between the Ceramist*, the company Marion Richaume* and the Internet Customer* wishing to purchase one or more ceramic Creation(s)* or Piece(s)* offered for sale by the Ceramist in his Showcase* on the Internet Site* of the company Marion Richaume*.

https://marionrichaume.com/fr/boutique/marion-richaume

1.2 These GCS apply only to the online sale on the website of the company Marion Richaume.

1.3 The version of the GCS in force is the one published on the Website at the time the Order* is placed by the Internet Client, date and time of the order being taken as the reference for those mentioned on the present version of the GCS.

*As defined in article 2 of these GTC.

DEFINITIONS

The following terms, whether used in the singular or plural in these GCS, are defined as such:

2.1 "the Ceramist": refers to the natural person who creates the Pieces or Creations offered for sale on the marionrichaume.com Internet Site. The Ceramist is a tenant of the company Marion Richaume as a ceramics professional and declared as such to the tax authorities identified by its company name, its legal form, its registered office address, its RCS/RM registration number and its intra-community VAT number if applicable;
Only ceramists who are tenants of the company Marion Richaume are authorized to create and manage a seller space on https://marionrichaume.com/fr.
2.2 "Marion Richaume": means the company Marion Richaume, under the SIRET number: 412 254 450 00049.
2.3 "Main Characteristics": refers to the characteristic elements of a Creation or a Piece offered for sale on the Showcase accessible on the Website and likely to trigger the Internet User Customer's will to contract with the Ceramicist. The Main Characteristics are all the information about the Creation or Piece. They are available on the individual page of the Creation, also called "Discover this item". 

The Main Characteristics inform the Internet Customer about the name of the Piece - the name of the Ceramicist who created the Piece - the description of the Piece - the availability of the Piece - the estimated delivery time - the price of the Piece - and all the information contained below in the "Descriptions" tab;

2.4 "GTC": refers to these General Terms and Conditions of Sale applicable to Orders for Creations placed by the Internet Customer with the Ceramist on his Showcase, and accessible on the Web Site;
2.5 "Internet User Customer": refers to any natural person of legal age or any natural person acting as an agent or representative of a legal entity, contracting with the Ceramist under these GTCS;
2.6 "Order(s)": refers to the order(s) for Creation(s) placed by the Internet Customer with the Ceramist, via its Showcase accessible from the Internet Site;
2.7 "Conditions of Use": refers to the general conditions of use governing the terms and conditions of access to and use of a standard Internet site.

2.8 "Internet Customer Account": refers to the personal account created by the Internet Customer on the Website and accessible by the latter using a username and password.

2.9 "Creation(s)" or "Piece(s)": refers to the ceramic creations made by the Ceramicist in his workshop and offered for sale by him on his Showcase accessible on the Website. The Creations are artistic or artisanal works produced as one-off pieces or in small series. The Creations offered on the Internet Site are available for immediate sale or on order subject to a deadline announced to the Internet Customer on the Internet Site. They are categorised as follows: Collection - Labels ;
2.10 "Personal Data": refers to the personal data, within the meaning of the Regulation on Personal Data, of the Internet User Customer collected and processed by Marion Richaume as part of the processing of his Orders;
2.11 "Showcase": refers to the Ceramicist's virtual online shop accessible under his name on the Website under the tab "The online shops" and gathering the different Creations he offers for sale. The individual page of a Creation is an integral part of the Ceramist's Showcase;

2.12 "Withdrawal Form": refers to the form used by Internet Customers to exercise their right to withdraw from their Order(s);

2.13 "Basket": refers to the summary of the Order(s) awaiting confirmation by the Internet Customer;

2.14 "Regulation on Personal Data": means the French Law n°78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties, amended on 7 October 2016, as well as any other regulation that may apply to personal data;

2.15 "Website": refers to the e-commerce platform published and operated by Marion Richaume, accessible in particular at the following URL address: https://marionrichaume.com/fr from which Marion Richaume allows access to its Services.

PRESENTATION OF THE CREATIONS

3.1 The Main Characteristics and prices of the Creations offered by the Ceramist are available on the Ceramist's Showcase and described in their description sheet. Prior to confirming the Order, the Internet Customer confirms that he/she has read the Main Characteristics of the Creations as described on the description sheet for each Piece offered for sale on the Web Site.
3.2 All the Ceramic Creations presented for sale online on the Website are designed and manufactured exclusively in the workshops of the Ceramists who are tenant members of the company Marion Richaume.By definition, all the ceramic Creations are unique pieces. 
However, Marion Richaume classifies two distinct types of Pieces:

3.3 Small series parts
These are made by hand, one by one, with the same Main Characteristics. However, the rendering of the glazes and the decorative motifs may vary from one piece to another. For all these reasons, all the photos representing these pieces are not contractual.The choice of motifs and/or the rendering of the pieces ordered is left to the initiative of the Ceramist when preparing the order.
3.4 Unique pieces
They are created and manufactured in a single unit and each has its own Main Characteristics.In this sense, the photographs representing these Pieces are an integral part of their Main Characteristics, but for obvious reasons of rendering fidelity, these photographs are not contractual.
3.5 The Ceramist shall endeavour to present the Creations in his Showcase as faithfully as possible in terms of the photographic representation of the Pieces. However, in the event that there is a difference between the photograph of a Creation and the Creation itself, this difference does not in any way affect the Main Characteristics of the Piece mentioned on its description sheet. In this sense, the photographs representing the item are not contractual. Only the Main Characteristics of the Part mentioned on its description sheet are contractual.

3.6 In the case where the Internet User would like to obtain additional information about the Main Characteristics of a Creation, he can contact the Ceramist through the page "Discover the artist" where his email and phone number appear.

3.7 In case of obvious error in the price of a Creation and/or in the description of the Main Characteristics of a Creation, the Internet Customer commits to contact Marion Richaume in order to inform her of the obvious error, by email at the following address: ventes@marionrichaume.com or by using the contact form available under the "Contact" tab of the Website.

ORDERING CONDITIONS

4.1 All the Designs presented on the Online Boutiques of the marionrichaume.com website are available for sale, either :

4.1.1 by immediate order when the stock of the item is Available in the Main Characteristics of the Creation with an estimated delivery date,
4.1.2 by order if the number of Pieces required is greater than the stock available with an estimated delivery date, inviting the Internet Customer to contact the Ceramist to find out how long it will take to produce the Piece.

4.2 When placing an Order, the Internet Customer may :

4.2.1 register on the Web Site and create an Internet Customer Account, by entering all the personal information required to register and process their Orders. Once identified, the Internet Customer will then be able to access their order history, modify their delivery addresses, edit their personal details, etc.

OR
4.2.2 place an order without creating an account. The Customer's personal information will only be processed for the purposes of this order. They will not be able to access their order history or their personal information.

4.3 The creation, use and access by the Internet Customer to his/her Internet Customer Account - referred to below - are governed by the standard conditions of use for a website, the terms of which the Internet Customer declares that he/she accepts, without restriction or reservation.
4.4 When a customer account is created, a unique identifier is automatically generated. However, the Internet Customer chooses their password, which they are responsible for changing regularly in order to guarantee the security of their Internet Customer Account.

4.5 The Internet Customer enters his/her delivery and billing addresses, which he/she may change at any time, when placing an Order.

Once the Internet Customer acknowledges receipt of a registration confirmation e-mail sent to his/her e-mail address, he/she is deemed to have an Internet Customer Account on the Web Site.
4.6 The Internet Customer guarantees the accuracy, sincerity and reliability at all times of the information recorded on their Internet Customer Account. Consequently, it is the responsibility of the Internet Customer to modify any changes concerning him/her at any time and as soon as possible by logging into his/her Internet Customer Account.

4.7 The Ceramist may not be held liable for incorrect contact details provided by the Internet Customer, which may have consequences in particular for the delivery of Creations.In the event of erroneous information or information that appears to be misleading, particularly with regard to the Internet Customer's delivery details, the Ceramist reserves the right not to deliver the Order.


LIMITATIONS SPECIFIC TO EACH ORDER


The Creations offered are available for immediate sale or, where applicable, available on order and subject to a lead time announced to the Internet Customer in the Main Characteristics of the Piece, in the Shopping Basket and in the Order Validation.

ORDER PROCESS

6.1 To place an Order, the Internet Customer selects the Creation(s) he/she wishes to purchase by clicking on its/their description sheet. They indicate the number of Designs they wish to purchase, and click on the "Add to Basket" button.
Each new Creation added to the Shopping Cart is indicated to the Internet Customer in the Shopping Cart summary displayed in a sidebar on the right-hand side of the Website.

6.2 The Internet Customer may, at any time :

6.2.1 Obtain a summary of the Designs they have selected by clicking on the "View my Basket" icon accessible on the Website in the top right-hand corner. The Shopping Cart summary is then displayed in a sidebar on the right-hand side of the Website;

6.2.2 Modifying or deleting all or part of their Order by clicking on "View Basket" in the Basket summary displayed in the sidebar on the right-hand side of the Website. Once on the "Basket" page, in the event of a modification, the new price will be displayed once the Internet Customer has clicked on the "Update Basket" button).On this same "Basket" page, the Internet Customer can delete an item previously added to the Basket, change the quantity of an item previously added to the Basket and calculate the delivery costs by choosing the delivery method proposed by the Ceramist at this stage.The delivery choice(s) can still be modified at the next stage on the order validation page;
6.2.3 Continue shopping for Creations by clicking on the cross icon in the top right-hand corner of the Shopping Cart summary displayed in the sidebar on the right-hand side of the Website and visit another part of the Website;
6.2.4 Complete their selection of Designs and order them by clicking on "Checkout" in the Shopping Cart summary displayed in the right-hand side column of the Web Site or by clicking on "Confirm Order" on the "Shopping Cart" page;

6.2.5 When the Internet Customer is on the "Validate Order" page, they may then identify themselves by logging into their Internet Customer Account by clicking on the "Already a Customer? Click here to log in" link.

OR

if they do not have an Internet Customer Account, create one by filling in their personal details and ticking the "Create an Account" box

OR

if they do not wish to create a customer account, enter only their personal details.
6.2.6 If the Internet Customer already has an Internet Customer Account and is already logged in, it is their responsibility to check, complete and validate the information given therein. The delivery address is, by default, the billing address; it may, however, be different, and it is up to the Internet Customer to specify this and enter a specific delivery address.
6.2.7 The Internet Customer may still choose or modify the delivery method(s) proposed by the Ceramist for the dispatch of his/her Order(s).

6.2.8 If the Internet Customer wishes to order Pieces from different Ceramists, he/she must place several orders.
6.2.9 Delivery costs are calculated and indicated at the end of the order process and included in the total amount payable. They are based on a home delivery method.

6.2.10 Payment is made by credit card, using the Stripe payment platform.

6.2.11 In order to continue with the Order process, the Internet Customer must read these GTC and accept them by ticking the "I have read and accept the terms and conditions of sale" box.

6.2.12 Final confirmation of the Order shall be effective once payment has been confirmed by the Stripe platform.

6.2.13 The Internet Customer may, at any time prior to the definitive confirmation of the Order (as specified in article 6.2.12), modify the Order and/or the information concerning the billing and/or delivery address and/or cancel the Order.
6.2.14 The Order shall only become effective once payment has been confirmed by the Internet Customer by bank card, cheque or bank transfer.


VALIDATION OF THE ORDER


Any Order placed by the Internet Customer with the Ceramist(s) shall be subject to an Order confirmation request by the Ceramist(s), who shall validate the availability of the Creations that are the subject of the Order within 72 (seventy-two) hours.

VALIDATION OF THE ORDER

All Orders placed by Internet Customers with the Ceramist(s) shall be subject to an Order confirmation request by the Ceramist(s), who shall validate the availability of the Creations that are the subject of the Order within 72 (seventy-two) hours.


ORDER CONFIRMATION


8.1 Once the Ceramist has confirmed the availability of the Creations, which are the subject of the Order, by electronic mail containing a summary of the Order and accompanied by a receipt of payment or an invoice issued by the marionrichaume.com website, which the Internet Customer shall be responsible for keeping, the Ceramist(s) shall proceed with the preparation of the Order.
8.2 In the event that the Ceramist(s) does not confirm the availability of the Creations ordered within the period mentioned in article 7 of these GTCS, it shall be the responsibility of the Ceramist(s) and the Internet Customer to communicate together by e-mail and/or telephone in order to complete or cancel the Order concerned.


CANCELLATION OF THE ORDER

9.1 The Internet Customer shall have the option of cancelling his/her Order - confirmed in accordance with the terms and conditions set out in article 8 of these General Terms and Conditions - until such time as the Order has been accepted by the carrier responsible for delivering it.
9.2 Once the carrier has taken delivery of the Order, the Internet Customer shall be entitled to cancel the Order in accordance with the terms and conditions set out in article 13 of these GTCS.
9.3 Should the Internet Customer cancel his/her Order, he/she shall be entitled to a full refund of all sums paid at the time of placing the Order, including delivery costs.
9.4 The Internet Customer acknowledges and accepts that any Order for Creations that are not in the shop's stock may only be cancelled once it has been delivered to the Internet Customer and only if the Internet Customer exercises his/her right of withdrawal, in accordance with the provisions of article 13 of these GTCS.


PRICE OF CREATIONS AND PAYMENT

10.1 The prices displayed on the Web Site for each Creation, the Orders and the invoices issued to the Internet Customer are indicated in euros (€) inclusive of all taxes.
10.2 The prices indicated for each Item for sale on the Web Site do not include delivery costs, which are invoiced in addition and are specified to the Internet Customer prior to final validation of the Order. The price of each Order, including delivery charges, shall be payable in cash upon confirmation of the Order.
10.3 The Internet Customer is hereby informed that the price of the Creations may be revised by the Ceramist at any time and at his or her discretion. In any event, the Creations shall be invoiced on the basis of the prices in force on the Web Site at the time of final validation of the Internet Customer's Order.
10.4 Payment for the Order may be made, at the Internet Customer's option, by any of the available payment methods:
10.4.1 Payment by bank card or PayPal account via the PayPal website.

10.5 Payment may only be made in Euro (€).

10.6 In the case of payment via the PayPal payment gateway, the Internet Customer is momentarily redirected to the secure PayPal site - https://www.paypal.com. The Internet Customer may then choose to pay by credit card or with their PayPal account if they have one.

AVAILABILITY OF CREATIONS

11.1 Each Creation is available in limited quantities, either because it is produced in a small series, or because it is unique and therefore only available in one copy.

11.2 When validating the Internet Customer's Order, the Ceramist shall check the availability of the Creation(s) ordered by the Internet Customer and shall validate the availability of the Creations ordered within 72 (seventy-two) hours. If, despite the Ceramist's vigilance, a Creation proves to be unavailable, the Internet Customer will be informed of this as soon as possible, by e-mail or telephone, in accordance with the terms and conditions of article 8 of these GCS.

11.3 In the event that the Ceramist does not confirm the availability of the Designs ordered within the aforementioned period, please refer to article 8 of these GTCS.
11.4 In the event of immediate unavailability of a Piece, the Ceramist may propose on the description sheet that it be made to order. In the latter case, the approximate delivery date mentioned on the description sheet of the Piece takes into account the manufacturing and delivery time.

DELIVERY

12.1 Geographical zone of delivery
The online sales service set up by Marion Richaume is not limited geographically, but the Ceramist can choose not to deliver in certain geographical areas.This limitation will then be indicated when calculating the shipping costs on the "Pay" page.
12.2 Different delivery methods
Deliveries are made by Colissimo to your home address.

12.2.1 Delivery by carrier
By choosing this method, delivery is entrusted to a professional carrier (such as La Poste with its Colissimo service). The cost of this method of delivery is stated and added to the total amount of the Order when the Internet Customer confirms the Order.

12.2.2 Delivery to a "point of sale
By choosing this delivery method, it is up to the two parties, the Ceramist and the Internet Customer, to agree on a date and place for delivery by their own means. This may be, for example, collection of the order :

- directly at the Ceramist's workshop

- at the Ceramist's stand at a Ceramics Market or Exhibition visited by the Internet Customer

- or by any other method agreed between the two parties.

This method of delivery does not incur any additional costs when the order is placed.

12.3 The default delivery method is: by carrier (La Poste Colissimo service).

12.4 Delivery times
12.4.1 The (estimated) delivery dates mentioned in the Main Characteristics on the individual page for each Creation (Estimated delivery for - - - - - -) are estimates which may fluctuate depending on the Ceramist's activity, any computer malfunctions or disruptions to the carrier's service.

12.4.2 All (estimated) delivery dates calculated according to each Ceramist's management of delivery times are given for the default delivery method mentioned in article 12.3 of these GTCS.

12.4.3 The (estimated) delivery dates are given by each Ceramist for each of their creations. They include the statutory period of 72 hours (i.e. 3 working days) within which the Ceramist must confirm the order to the Internet Customer. In addition, there is an order preparation time determined by the Ceramist which may range from 1 (one) to 5 (five) working days depending on the activity of the Ceramist. A manufacturing lead time may be added in the case of a piece not in stock. Similarly, a vacation period may increase the delivery date if the Ceramist is away on business and therefore unavailable to prepare the order. Finally, there is the time taken for the parcel to be delivered by the carrier within 72 hours (i.e. 3 working days).
12.4.4 Delivery time for point-of-sale delivery. It is up to the two parties, the Ceramist and the Internet Customer, to agree on a delivery date as mentioned in article 12.2.2 of these GTCS.

12.4.5 Delivery time for delivery by carrier.

The Ceramist shall endeavour to respect the delivery date specified at the time of the Order process and at the latest within eleven (11) working days from the date of validation of the Order for Piece(s) mentioned as "Available" at the time of placing the order by the Internet Customer and on the date indicated for an order of Piece(s) not available in stock.

12.4.6 In the event of Creations being deliverable on different dates by the same Ceramist in view of their availability, the delivery date for all the Pieces ordered from the same Ceramist shall be based on the longest lead time.However, the Ceramist reserves the right to split deliveries.In this case, the delivery shall only be invoiced for a single shipment to the Internet Customer.

12.4.7 The Internet Customer is invited to regularly check the status of his Order on his Internet Customer Account (if he has one) and, where applicable, on the carrier's website in order to track the parcel using the tracking number provided by the Ceramist. The Internet Customer may contact the Ceramist with any questions or in the event of any problems relating to the delivery of his/her Order, by e-mail and/or by telephone as stipulated in the Order confirmation e-mail or on the Web Site.

12.5 Late delivery

12.5.1 In case of failure of the Ceramist to deliver the Creation on the date or at the expiration of the deadline specified in the articles of paragraph 12.4 of the present GTC, the Internet User Customer will be able to notify this delay to Marion Richaume by email at contact@marionrichaume.com .
12.5.2 In the case previously mentioned in article 12.5.1 of these GTC, and insofar as the Creation has not been shipped and despite having summoned the Ceramist to proceed to the delivery of the Creation within a reasonable additional time, the Ceramist has not complied, the Internet User Customer can then cancel his Order by sending his cancellation request by email to the following address contact@marionrichaume.com and/or by post to :Grange de la Frache, 23, rue du Temple 05150 Rosans .The Order shall be deemed cancelled upon receipt by the Ceramist of the e-mail or letter informing him/her of such cancellation, unless the Ceramist has completed the delivery in the meantime.
12.5.4 In the event referred to in article 12.5.2 of these GTC, the Ceramist shall reimburse the Internet Customer, as soon as possible and no later than fourteen (14) days following receipt of the notification from the Internet Customer referred to in article 12.5.1 of these GTC, the full price of the Creation(s) covered by the Order, as well as the delivery costs.

12.6 Place of delivery

12.6.1 In the event of delivery by carrier, the Creations ordered by the Internet Customer shall be delivered to the address indicated by the latter when placing the Order, either to the invoice address or to another delivery address indicated by the Internet Customer. If the Internet Customer and/or recipient of the Order is absent at the time of delivery, it shall be their responsibility to inform the carrier of this fact and to take the necessary steps to recover the parcel within the time limit set by the carrier.After this deadline, the Internet Customer's package shall be returned to the Ceramist, who reserves the right to invoice the Internet Customer for any reshipment costs.

12.6.2 The Internet Customer undertakes to provide the Ceramist with strictly accurate information relating to its contact details and delivery and billing details, if these are different. In the event of an error in the Order recipient's contact details (in particular surname, first name, street name and number, postcode, town name, telephone number or e-mail address), the Ceramist shall not be held liable for any delivery incident.


12.7 Receipt of the Order

12.7.1 Upon receipt of their Order, Internet Customers or recipients of the Order must check the condition of the parcel. If, before opening the parcel, they notice that it is obviously damaged, they must refuse it and mention the condition of the parcel on the carrier's delivery slip.The package will then be returned to the Ceramist who sent it.If the Ceramist also notes the poor condition of the package that has been returned to him/her, he/she will take responsibility for either re-sending the item(s) if their integrity has not been compromised, or proceeding with an exchange of the same nature and dispatching them, or refunding the full price of the order, including delivery costs, to the Internet Customer as soon as possible. 
It shall be the Ceramist's responsibility to deal with any claims for damage made to the carrier.

12.7.2 Without prejudice to the period he has to exercise his right of withdrawal under the conditions of article 13 of these GTCS, if the Internet Customer notices after opening the parcel that the Creations are damaged and/or do not correspond to his Order, he must make a detailed complaint in writing to Marion Richaume by email to contact@marionrichaume.com and/or by letter to :

Grange de la Frache, 23, rue du temple 05150 Rosans as soon as possible.The Internet User Customer will also have to send the Piece(s) back to the Ceramist at the postal address that Marion Richaume will have previously communicated to him/her.

12.7.3 After study of the claim, and in particular in the hypothesis of a non-conformity of the Order, or a noticeable defect of the Piece(s), or the damage of the Piece(s) during transport, the Creation(s) and the transport costs will be reimbursed.

12.7.4 In this case, the cost of returning the item(s) will be reimbursed to the Internet Customer. In other cases (where the Internet Customer is at fault, for example), the cost of returning the item(s) will be borne by the Internet Customer. Refunds will be made within fourteen (14) days of receipt of the Creations by the Ceramist.

12.7.5 The Ceramist shall make refunds according to the initial means of payment used by the Internet user to place the Order, either by PayPal via the bank card used to pay for the Order (if the card is still valid on the day of the refund), or by bank transfer, or by cheque.

12.7.6 Part exchanges are not accepted.

RIGHT OF WITHDRAWAL

13.1 In accordance with the provisions of article L. 121-21 of the French Consumer Code, the Internet Customer has a period of fourteen (14) clear days, from the date of receipt of the Creation(s) delivered, to exercise his/her right of withdrawal without having to justify his/her decision or pay any penalties. When the period of fourteen (14) clear days expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

13.2 In the event that several Creations from the same Ceramist are sent to the Internet Customer in several separate consignments, making up a single Order, the withdrawal period shall run from receipt by the Internet Customer of the last of the Creations making up the Order from the same Ceramist. In the event that several separate consignments come from different Ceramists, the withdrawal period shall commence upon receipt of each group of packages from the same Ceramist, with receipt of the last package from the same Ceramist being deemed proof of this.
13.3 To exercise his right of withdrawal, the Internet Customer must notify the Ceramist of his decision to withdraw by the following means of his choice:
by going to the "Returns" tab of their customer account (if this is available)

by completing the retraction form available below
by e-mail to contact@marionrichaume.com (see model below)

by post to Grange de la Frache, 23 rue du temple, 05150 Rosans, France.

13.4 Hand-written sample Withdrawal Form

Your first and last name] [Your postal address
[Your postal address]
[Your e-mail address]
I, the undersigned, [First name, Last name], hereby notify the use of my right of withdrawal for my Order of Creations placed on Marion Richaume's Website and referenced below:

- Ordered on : - - - - - - - - - - - -
- Received on : - - - - - - - - - - - - - -
- Please specify whether you wish to cancel all or some of the items in your order: - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- Date and sign


Marion Richaume will acknowledge receipt of the Internet User's withdrawal by email.

13.5 The Internet User Customer, without delay, and at the latest, within fourteen (14) days from the communication of his decision to withdraw to the Ceramist, sends back the Creation(s) concerned complete in its (their) original packaging in good condition and accompanied by the delivery note, to the postal address of the Ceramist that Marion Richaume will have previously communicated to him.

13.6 If the aforementioned conditions are met, the Ceramist shall reimburse the Internet Customer, within a maximum period of fourteen (14) days from receipt by the Ceramist of the Creation(s) subject to the right of withdrawal or receipt by the Ceramist of proof of dispatch of the Creation(s) by the Internet Customer to the Ceramist, in accordance with the provisions of article L. 121-21-4 of the French Consumer Code, the sums corresponding to the Creations for which the Internet Customer has exercised his right of withdrawal within the specified period, including delivery costs.

13.7 If a Creation reaches the Ceramist damaged or in a condition that does not allow it to be resold or in a depreciated condition or in a condition that does not allow the Internet Customer to exercise his right of withdrawal, the Ceramist may refuse to return the Creation and, under these conditions, refuse to reimburse it.

13.8 The Ceramist shall not be obliged to reimburse the additional costs of returning the Creation(s) if the Internet Customer has expressly chosen a more expensive method of return than the initial method of delivery proposed by the Ceramist at the time of the Order and within the framework of these GTC.
13.9 Reimbursement shall be made via the payment method used by the Internet Customer when placing the Order.

LEGAL GUARANTEES

The Ceramist undertakes to comply with the legal provisions in force, as set out in the Consumer Code and the Civil Code, mentioned here:
14.1 Guarantee of conformity
Article L. 211-4 of the French Consumer Code: "The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility".

Article L. 211-5 of the French Consumer Code: "To be in conformity with the contract, the goods must :

1°) Be fit for the purpose usually expected of similar goods and, where applicable, correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model and have the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labelling.

2°) Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter".

Article L. 211-12 of the French Consumer Code: "Action resulting from a lack of conformity shall be barred after two years from delivery of the goods".

14.2 Legal warranties relating to redhibitory defects under the terms of articles 1641 to 1649 of the Civil Code
Article 1641 of the French Civil Code: "The seller is liable for any hidden defects in the item sold that render it unfit for the use for which it was intended, or that reduce that use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them".
Article 1648 paragraph 1 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect".

Article 2232 of the Civil Code: "The postponement of the starting point, suspension or interruption of prescription may not have the effect of extending the period of extinctive prescription beyond twenty years from the day on which the right arose. The first paragraph does not apply in the cases mentioned in articles 2226, 2227, 2233 and 2236, in the first paragraph of article 2241 and in article 2244. Nor does it apply to actions relating to the status of persons.

14.3 Legal guarantees relating to liability for defective products
The Internet user Customer may invoke the defect of a Creation purchased from the Vitrine du Céramiste accessible on the Internet Site under the terms of the provisions of articles 1386-18 of the French Civil Code.


EXCLUSIONS OF WARRANTIES


Creations that have been modified and/or damaged by the Internet Customer or that have been used by the Internet Customer in a manner that does not comply with their intended purpose and use, in accordance with the instructions and precautions for use provided by the Ceramist for each of the Creations, are excluded from all benefits of the aforementioned guarantees under the terms of the GTCS.


THE CERAMIST'S LIABILITY

16.1 The Ceramist warrants to the Internet Customer that the Order placed by the Internet Customer will be properly executed.

16.2 However, the Ceramist shall not be liable in the event of non-compliance by the Internet Customer with the terms of these GTC and for any indirect damage, including in particular loss of profit, data or any other loss of intangible assets, even if the Ceramist has been informed of the potential for such damage, which may occur.

16.3 The Ceramist may not be held liable for any malfunction of any nature whatsoever relating to the Internet Customer's computer equipment or Internet access connection when accessing the Ceramist's Showcase and, more generally, the Internet Site.
16.4 Consumer mediation. In the event of a dispute which has not been resolved by an amicable solution and which has been the subject of a written complaint sent by the consumer customer to the ceramist, you may submit the dispute to the consumer mediator whose contact details are as follows: CNPM Médiation Consommation , 27 avenue de la Libération 42400 Saint-Chamond, https://www.cnpm-mediation-consommation.eu/.


CASES OF FORCE MAJEURE


The Ceramist shall not be held liable for any default, delay or non-performance of its obligations under these GTC, where such default, delay or non-performance is linked to a case of force majeure, as defined by Article 1218 of the Civil Code and more generally by the case law of the French Courts.


PROOF OF IDENTITY

18.1 The Internet Customer expressly acknowledges that entering any username and password constitutes proof of his/her identity and manifests his/her consent to all operations that will be carried out on the Showcase and/or the Website following his/her identification. Internet Customers must ensure that they maintain a valid e-mail address throughout the period of their registration on the Website, at the risk of no longer being able to access it, particularly if they lose their password.The Internet Customer's Account is strictly personal and may not therefore be transferred, by any means whatsoever, to a third party, even free of charge.

18. 2 The Internet User Client expressly accepts that the automatic recording systems of Marion Richaume's Website are considered as proof of the use of his login and password, and of the dates and times of connection, of the content recorded by the Internet User Client in his "My Account" space, the nature, substance, date and time of all correspondence between the Internet Client and the Artisan-Creator exchanged via the Website or the tools offered on the Website, and, more generally, of all information exchanged via the Website.

18.3 the Ceramist cannot be held responsible for any prejudice that the Internet User may suffer due to the use by a third party of his login and password.
In case of loss, misappropriation or fraudulent use of all or part of his login and password, the Internet User must immediately inform Marion Richaume

By email at the following address: contact@marionrichaume.com
By simple letter to : Grange de la Frache, 23 Rue du temple, 05150

18.4 These stipulations are expressly considered as being substantial between the Internet User and the Ceramist.


PERSONAL DATA

19.1 Protection of Personal Data

The Ceramist and Marion Richaume attach great importance to the protection of Personal Data and wish to assure Internet Customers visiting their Showcase and the Website that their privacy is protected. The present article aims at informing the Internet User of the processing of Personal Data concerning him, i.e. data allowing him to be identified, directly or indirectly, as well as his rights with regard to this processing.

19.1.1 The Internet User Customer is informed that the conclusion of an Order for a Creation from a Ceramist, via the latter's Showcase accessible on the Website gives rise to the collection and automated processing by Marion Richaume and the Ceramist of the Internet User Customer's Personal Data, processing carried out in accordance with the Personal Data Regulations.

19.1.2 The Personal Data thus collected and processed are, in particular, all the information provided by the Internet User when placing the Order (Names, surnames, postal address, e-mail address, delivery details, billing details, telephone numbers, etc.) and information relating to any interactions between the Ceramist and the Internet User, as well as the collection of Personal Data by the Ceramist for the purpose of managing and tracking Orders.
19.2 Internet Customer rights
19.2.1 In accordance with the Personal Data Regulations, the Internet Customer has the right to :

Oppose and/or delete and/or limit and/or withdraw their consent to all or part of the processing of their Personal Data carried out in the context of Orders for legitimate reasons;

Access all Personal Data processed in connection with Orders, including for portability purposes, provided that this is specified;
Rectify and/or update his/her Personal Data processed in connection with the Orders;
Obtain an oral copy of this Privacy Policy.

19.2.2 Moreover, the Internet User Customer has the possibility to define with Marion Richaume directives concerning the conservation, deletion and communication of his/her Personal Data after his/her death, which directives can also be registered with a "certified digital trusted third party". These directives, or a sort of "digital will", may designate a person to be responsible for their execution; failing this, the Internet Customer's heirs will be designated. In the absence of any directive, the heirs may contact Marion Richaume in order to :

Access data processing allowing "the organization and settlement of the deceased's estate";

Receive communication of "digital assets" or "data similar to family memories, which may be transmitted to heirs";

Receive communication of "digital assets" or "data similar to family souvenirs, which may be passed on to heirs";

to close their Internet Customer Account and oppose the continued processing of their Personal Data.
19.2.3 In any event, Internet Customers may indicate at any time that they do not wish their Personal Data to be passed on to a third party in the event of their death.
19.3 Procedures for exercising the aforementioned rights

19.3.1 These rights may be exercised at any time with Marion Richaume:

By e-mail at the following address: contact@marionrichaume.com

By letter to : Grange de la Frache, 23 Rue du temple, 05150 Rosans

19.3.2 To assert his rights under the conditions mentioned above, the Internet Client must prove his identity by mentioning his last name, first name, e-mail address and by accompanying his request with a copy of his identity card.

The Internet Customer may also lodge a complaint with the competent supervisory authority (CNIL).

19.4 Security of Personal Data

19.4.1 Marion Richaume endeavours to secure the Internet User's Personal Data by implementing all the technical and organisational means at its disposal to preserve the security of said Personal Data and, in particular, to prevent them from being distorted, damaged or accessed by unauthorised third parties.

19.4.2 In order to better meet the expectations of Internet Customers, the Ceramist may share certain information with its service providers, qualified as "subcontractors" within the meaning of the Personal Data Regulations (Website publisher, carrier responsible for delivering Orders, etc.). In all other cases, Personal Data may not be disclosed to a third party without the prior consent of the Internet Customer.
19.4.3 Marion Richaume certifies that it does not sell or market the Internet User's Personal Data to third parties.

20 ASSISTANCE AND COMPLAINTS

For any information, query, claim of a technical nature or related to the Creations, question or advice, the Internet User Client must contact Marion Richaume at the following address:

E-mail at the following address contact@marionrichaume.com

Postal mail at : Grange de la Frache, 23 rue du temple, 05150 Rosans, France.

The Internet User acknowledges that he/she has been duly informed that Marion Richaume will be able to access at any time all the elements related to his/her Order, such as his/her exchanges with the Ceramist.

APPLICABLE LAW - SETTLEMENT OF DISPUTES

21.1 These GCS are executed and interpreted in accordance with French law.
21.2 In the event of a dispute likely to arise in relation to these GTC, their interpretation and their consequences or with the acts supplementing or modifying them, the Internet Customer shall contact the Ceramist, via Marion Richaume, in order to try to obtain an amicable solution.

21.3 Any claim by the Internet User must be made in writing.

21.4 Failing an amicable settlement, the Internet Customer may choose to bring his/her claim before the competent French courts.