General Conditions of Sale


Version updated on January 20, 2025


1. DEFINITIONS


Consumer: non-commercial natural person placing an Order


Professional : legal entity or natural person placing an Order for purposes falling within the scope of their commercial, industrial, craft, liberal or agricultural activity.


Customer : refers indistinctly to the Professional customer and the Consumer customer


Order: commitment to purchase all Products selected by the Customer via the Site's e-commerce service

 

Delivery: transfer to the Customer of physical possession of the Product(s)


Product(s) : merchandise(s) offered for sale on the Site by the Seller


Site: Seller’s website accessible at the address: https://www.laclaye.com/


Seller: SAS LACLAYE with share capital of €15,000, whose registered office is located at 9 RUE d'Enghien 69002 Lyon France, registered in the Lyon trade and company register under number 984 082 800, represented by LE PODER Anne-Sophie in her capacity as President.


Conditions : these General Conditions of Sale govern any order by the Customer.


2. APPLICATION OF THE GENERAL CONDITIONS OF SALE


2.1 Acceptance of the Conditions


The placing of an Order by a Customer implies acceptance by the Customer of said Conditions. The Customer thereby acknowledges having fully read them.

 

Acceptance of the Conditions requires that users have the legal capacity necessary to do so, or failing that, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.


In application of article L3342-1 of the public health code, the Seller reserves the right to ask the customer for a copy of a valid identity document in the event of suspicion of the Customer's minority. Failure to present such a document may result in the cancellation of the order at the initiative of the Seller.


These Conditions are communicated to any Customer who requests them before placing the Order and are accessible at any time on the Site.


2.2 Modification of the Conditions


The Conditions may be modified at any time by the Seller. The Conditions applicable to the Customer are those in force on the day of his Order. The Seller undertakes to keep all its old Conditions and to send them to any Customer who requests them.

 

3. METHOD OF SUBSCRIBING TO ORDERS AND PURCHASING PROCESS


In order to comply with the provisions of the law on confidence in the digital economy of June 21, 2004, the Order process will be described below:


In order to place an Order, the Customer may select one or more Products and add them to their basket. When their Order is complete, they may access their basket by clicking on the button provided for this purpose. By consulting their basket, the Customer will be able to check the number and nature of the Products they have chosen and will be able to check their unit price as well as the overall price of the Order. They will be able to remove one or more products from their basket.


If the Order suits him and he wishes to validate it, the Customer can click on the validation button, he will then access a form in which he can either enter his login ID if he already has one, or register on the site by completing the form presented to him, with the personal information concerning him.


Once connected or after having fully completed the form, the Customer will be invited to check or modify their delivery and billing details, to read and validate these Conditions, to confirm their Order and then will be invited to make their payment by being redirected for this purpose to the secure payment interface.


Once payment has actually been received by the Seller, the latter undertakes to acknowledge receipt to the Customer electronically.


Similarly, the Seller undertakes to send the Customer an email summarizing the Order in order to confirm its processing and to communicate all information relating to the Order.

 

4. PRODUCT INFORMATION


4.1 Product characteristics


The Products are sold within the limits of available stocks. The availability of the Products is indicated on the Site, in the description sheet of each item. The rendering of the visual representations of the Products, published on this Site, may vary in particular in terms of colors or shape, depending on the device used to consult the Site, according to the quality of the graphic accessories and the screen or according to the display resolution. These variations and differences cannot be attributed to the Seller who cannot in any case be held liable for this fact.


All Products sold on the Site are marketed in compliance with the legislative and regulatory provisions in force in France. The mandatory displays required by these provisions are made, and in particular in the description sheet of each item. These displays concern in particular the safety measures applicable to the Products, as well as the instructions for use.


The Seller undertakes to comply with all applicable provisions in force in France and cannot be held responsible for non-compliance with regulatory and legislative provisions in force in other countries.


The Seller may not be held responsible in any way for the improper use of the Products (refer to the instructions for use in the FAQ of the Site and provided with the CLAYES, for the improper maintenance of the products, for accidental damage or for the improper use of the Products.)


4.2 Price of products


Access to the Site is via the Internet. The costs of accessing the Internet network by means of a remote communication service are the responsibility of the Customer.


The prices indicated on the Site are understood to be in Euros, all taxes included, and excluding delivery costs, calculated prior to placing the Order. The prices are firm, without discount, rebate or rebate. These prices may be modified at any time by the Seller. The price applicable to the Customer is the one in effect at the time of the Order.


 

5. PAYMENT INFORMATION


The Customer may place an Order by paying by bank card (VISA, AMEX, MASTERCARD, bank transfer, Paypal, ShopPay, ApplePay, or any other payment method offered on the Site).


The delivery times defined in the article below only begin to run from the date of actual receipt of payment by the Seller, the latter being able to provide proof of this by any means. In the absence of receiving payment from the Customer within fifteen (15) days from the Order, the Order will be cancelled and the products put back on sale on the Site.

 

6. DELIVERY OR PROVISION


6.1 Delivery costs


In the event of delivery outside the European Union, the Customer is informed that customs duties and other taxes may be payable. The necessary formalities and payment of the aforementioned duties and taxes are not the responsibility of the Seller and will in any event be the responsibility of the Customer. It is therefore up to the latter to check all of this data as well as the possibilities of importing the Product with the competent authorities of the country of delivery, before any Order on the Site.


6.2 Transfer of ownership


6.1.1 Transfer of ownership applicable to a Consumer’s Order


The risks of Delivery are the responsibility of the Seller until physical possession is taken by the Customer or a third party designated by the Customer.


The Seller cannot be held responsible for a delivery problem, loss or damage due to an error in contact details. In the event of an error on the part of the Customer in the delivery address, the latter is required to inform the Seller as soon as possible. If the error is reported before the Order is shipped, a correction may be made at no additional cost.


However, if the error is discovered after dispatch:

  • If the package is returned to the Seller, the Customer will be informed and will be able to choose to receive a new delivery to the correct address. The reshipping costs will then be borne by the Customer.

  • If the package is delivered to an incorrect address and is not returned to the Seller, the Seller cannot be held liable and no refund will be given to the Customer.


In the event of delivery to a collection point (shop or post office), if the recipient does not collect their package before the delivery time, the package will be returned to the sender (the Seller). In this case, the return shipping costs will be charged to the Customer even if the Order benefited from free shipping.



6.1.2 Transfer of ownership regarding a Professional’s Order


The Products remain the property of the Seller until full payment of their price. The transfer of ownership entails the transfer of risks.


In the event of delivery of a package that is clearly and visibly damaged, incomplete or containing damaged items, it is the responsibility of the Professional to refuse it in order to benefit from the guarantee offered by the carrier. The Professional must also inform the Seller without delay, so that a new package can be prepared for him, then shipped upon receipt of the damaged package in return. In such a case, the delivery times indicated above in these General Conditions will no longer be applicable.


Similarly, the Customer must refuse any incomplete package or any package containing damaged items. Indeed, in accordance with Article L 133-3 of the French Commercial Code, receipt of the transported items extinguishes any action against the carrier for damage or partial loss if within three days, not including public holidays, following the day of receipt, the recipient has not notified the carrier, by registered letter, of his reasoned protest.

Failure to complete this formality will result in the Client not being able to receive compensation.



7. DELIVERY TIMES


7.1 Provisions applicable to any Client


Orders are delivered by UPS or any carrier designated by the Seller within a time period displayed when the Order is placed from the full receipt of the price corresponding to the Order, if the Product has neither been purchased during a pre-sale nor pre-ordered following a Product launch or a stock shortage.


For pre-orders, the expected delivery time is mentioned on the sheet of each Product offered for pre-order, subject to the actual production of the pre-ordered Products.


The indicative delivery time for a pre-sale or out-of-stock Product is indicated on the sheet for each Product and specified in the order confirmation email.


The Customer acknowledges that in the event of a pre-order, pre-sale or out of stock, delivery times are extended.


Longer lead times are expected when ordering from CLAYES "La Custom" for custom-made products. These lead times will be indicated at the time the Order is placed.


Certain Products or certain order volumes may justify a longer delivery time; this will be expressly mentioned to the Customer before they confirm their Order.


7.2 Provisions applicable to Consumers


In accordance with the provisions of Article L 216-4 of the Consumer Code, the delivery of the Products is accompanied by the delivery of the instructions for use, the installation instructions and a document mentioning the possibility of making reservations as well as the commercial guarantee where applicable.


If the Products ordered have not been delivered within a period indicated at the time of the Order and not exceeding thirty (30) days after validation of the Order, for any reason other than force majeure or the actions of the Consumer, the Consumer may notify the Seller, under the conditions provided for in Article L 216-6 of the Consumer Code:


- either the suspension of payment of all or part of the price until the Seller performs, under the conditions provided for in Articles 1219 and 1220 of the Civil Code (exception of non-performance),

- or the resolution of the Order, after having formally notified the Seller to perform within a reasonable additional period not respected by the Seller.

The resolution may be immediate if the Seller refuses to perform or if it is clear that it will not be able to deliver the Products or if the delivery deadline not respected constituted, for the Consumer, an essential condition of the Order.
In the event of termination of the Order, the sums paid by the Consumer will then be returned to him no later than fourteen (14) days following the date of termination of the contract, excluding any compensation or withholding.


7.3 Provisions applicable to Professionals


Delivery of the Products will be made within a reasonable period of time from full payment of the price, but may not exceed sixty (60) days.

 

8. CUSTOMER SERVICE


The Site's customer service is accessible from Monday to Friday from 9 a.m. to 6 p.m. (GMT+2) by email at the following address contact@laclaye.com or by post at the following address: SAS LACLAYE, 9 rue d'Enghien 69002 LYON, FRANCE.


9. RIGHT OF WITHDRAWAL FOR CONSUMERS


9.1 Exercising the right of withdrawal


The Consumer has the right to withdraw from his Order without giving any reason within a period of fourteen days (14 days). The withdrawal period expires fourteen days (14) after the day on which the Consumer, or a third party other than the carrier and designated by him, takes physical possession of the Products.


To exercise the right of withdrawal, the Consumer must notify the Seller of his decision to withdraw from the Order by means of an unambiguous statement (for example, letter sent by post, fax or email). In order to facilitate his steps, a withdrawal model is made available to the Consumer attached to these Conditions. The use of this model is optional.


9.2 Effects of withdrawal

In the event of withdrawal by the Consumer, the Seller will reimburse the entire Order, including delivery costs (with the exception of additional costs arising from the choice of a delivery method other than the least expensive standard delivery method offered) without undue delay and, in any event, no later than fourteen (14) days from the day on which the Seller is informed of the Consumer's decision to withdraw.


The Seller will make the reimbursement using the same means of payment as that used for the initial transaction, unless the Consumer expressly agrees to a different means.

The Seller may defer reimbursement until receipt of the Order or until the Consumer provides proof of shipment of the Order, the date retained being that of the first of these facts.

The Consumer must return or hand over the goods without undue delay and, in any event, no later than fourteen (14) days after communicating his decision to withdraw.


The costs and risks of return and return are the sole responsibility of the Consumer. The Consumer is advised to choose a safe carrier with a package tracking tool, to provide all useful information to the Seller when processing the return.


The Products must be returned in their original condition and complete, including packaging, accessories and instructions in order to allow them to be put back on the market in new condition and accompanied by the purchase invoice, not excluding the possibility for the Consumer to try the Product in conditions necessary for its aesthetic and qualitative evaluation, without altering its appearance or functionality, as he could have done in a physical point of sale.


9.3 Exception to the right of withdrawal for personalized products


In accordance with 3°) of article L.221-28 of the Consumer Code, the right of withdrawal does not apply to Products made according to the Consumer's specifications or clearly personalized, and in particular consequently, without this being limiting, to products from the "La Custom" range. LA CUSTOM CLAYE and some COLLECTORS are sold only after an appointment and approval by the LACLAYE customization department.


 

10. WARRANTIES


10.1 Legal guarantees


10.1.1 Provisions common to all Clients


In the event of a defect in a Product, the Customer has, in accordance with the provisions of Articles 1641 et seq. of the Civil Code regarding the legal guarantee of hidden defects, a period of two years from the discovery of said defect to request resolution of the sale or a reduction in the sale price (Article 1644 of the Civil Code).


In order to exercise one of these rights, it will be up to the Customer to contact the Seller's customer service, the contact details of which appear in article 8 hereof.


10.2 Provisions specific to Consumers


In application of articles L211-4 et seq. of the Consumer Code, in the event that the Product(s) resulting from the Order are not compliant, the Consumer will have a period of two years from receipt of said products to request their repair or replacement, provided that this choice does not entail a cost that is manifestly disproportionate to the other method for the Seller in application of article L. 211-9 of the Consumer Code. The Consumer is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four months or twelve months for second-hand goods, from delivery of the Product.


Box inserted in the General Conditions of Sale in application of the provisions of article D 211-2 of the Consumer Code concerning the legal guarantees of conformity and hidden defects:

The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared. When the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee is applicable to this digital content or this digital service throughout the period of supply provided for. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date on which it appeared.


The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience for them.


If the good is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests the repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.


The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund against return of the goods, if:1° The professional refuses to repair or replace the goods;2° The repair or replacement of the goods occurs after a period of thirty days;3° The repair or replacement of the goods causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-compliant goods, or if he bears the costs of installing the repaired or replaced goods;4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction in the price or the termination of the contract being immediate. The consumer is then not required to request the repair or replacement of the goods beforehand.
The consumer is not entitled to rescission of the sale if the lack of conformity is minor.
Any period of immobilization of the property for the purpose of its repair or replacement suspends the guarantee which remained to run until delivery of the repaired property.
The rights mentioned above result from the application of articles L217-1 to L217-32 of the Consumer Code.


Any seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund against return of the good.


 

10.2 Commercial guarantees

 

Certain Products offered by the Seller benefit, in addition to the guarantee of hidden defects defined by the Civil Code as well as the guarantee of good conformity acquired free of charge and indiscriminately, from a conventional guarantee offered by the Seller, the duration of which may vary depending on the Product, and which will be detailed in particular on the descriptive sheet and the instructions for use of the Product. Any commercial guarantee is the subject of a written contract, a copy of which is given to the Customer.


 

11. PERSONAL DATA


The Seller declares that it complies with and undertakes to comply with the regulations relating to personal data in force in France, and in particular the European regulation on data protection of April 27, 2016 (GDPR) and the Data Protection Act of January 6, 1978, as amended.


Please note that the personal data requested from the Customer is necessary for processing the Order and for issuing invoices, in particular.

This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of Orders.


In accordance with Articles L.213-1, D.213-1 and D.213-2 of the Consumer Code, the Seller ensures, for any contract concluded electronically for an amount equal to or greater than one hundred and twenty (120) euros, the retention of the document certifying it and guarantees access to it at any time to the Consumer if the latter requests it. The retention period is ten (10) years.


The Client has, in accordance with current national and European regulations, a permanent right of access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning him/her.

The Customer may exercise his rights by sending a request:


  • By email to the following address: contact@laclaye.com

  • By post: 9 Rue d'Enghien 69002 LYON


The request will be processed within one month of receipt. In case of doubt about the identity of the Customer, the Seller reserves the right to request proof of identity. The copy of the proof of identity will be kept for one year. Other data relating to the processing of the request (title, surname, first names, nature of the request, response provided) will be kept for 3 years.


If the Customer considers that his personal data or his requests to exercise rights relating to his personal data are not processed in accordance with the legal provisions by the Data Controller, he has the right to lodge a complaint with the CNIL, at the following address: CNIL – 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07.


For more details please consult the privacy policy available on the Site.

 

12. INTELLECTUAL PROPERTY ON THE ELEMENTS OF THE SITE


All elements constituting the Site belong to the Seller or are subject to an operating authorization and are protected by legislation relating to intellectual property, the Seller remaining the exclusive owner of all these rights.


The Customer therefore acknowledges that in the absence of authorization, any total or partial copy and any distribution or exploitation of one or more of these elements, even modified, will be likely to give rise to legal proceedings brought against him by the Seller or his beneficiaries.


This protection will cover all textual and graphic content of the site, but also its structure, its name and its graphic charter.


Nothing in these Terms shall be construed as granting the Customer any license to any intellectual property right.



13. GENERAL PROVISIONS AND APPLICABLE LAW


13.1 Amicable settlement of disputes


13.1.1 Amicable settlement of disputes for Professionals


Except for provisions of public policy, any dispute that may arise in the context of the execution of the Conditions may, before any legal action, be submitted to the Seller for assessment with a view to an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for initiating legal action.


13.1.2 Amicable settlement of disputes for Consumers


In the event of a dispute, the Consumer shall send a complaint by email to contact@laclaye.com.


If this attempt fails, the Consumer may resort to a conventional mediation procedure or any other alternative method of dispute resolution, in particular by having recourse, free of charge, within one year of his complaint, to the competent consumer mediator according to the provisions of Title 5 of Book I of the Consumer Code, whose contact details are as follows:

CM 2 C
Holder: CTRE MEDIAT CONSO CONCILIATRS JU
Domiciliation: SG MAUBEUGE (03470)
7 rue Lazare Carnot 59605 MAUBEUGE

13.2 Applicable law


The Conditions are subject to the application of French law and to the exclusive jurisdiction of the French courts. The language of the contract is French.


13.3 Competent jurisdictions


13.3.1 Jurisdictions competent in the event of a dispute with a Consumer


If the amicable dispute resolution procedure fails, or if the Consumer does not wish to resort to it, the Consumer is free to submit the dispute to the competent court.


The competent court is, at the consumer's choice, that of the place of domicile of the defendant or that of the actual delivery of the Product, or that of the place where he resided at the time of the conclusion of the placing of the Order or the occurrence of the damage.


13.3.2 Jurisdictions competent in the event of a dispute with a Professional


In the event of a dispute with a Professional, within the meaning given to it by the French courts, exclusive jurisdiction is attributed to the courts in the jurisdiction of which the Seller is established.


13.4 Severability


If one of the clauses of the Conditions were to be declared null and void by a court decision, this nullity would not entail the nullity of all the other clauses, which would continue to produce their effect.


13.5 Non-waiver


The fact that the parties do not temporarily or permanently assert one or more clauses of the Conditions shall not in any case constitute a waiver of the rest of the Conditions.


If a Consumer wishes to cancel his order, he can use the form below.

 

=============================================================

MODEL WITHDRAWAL FORM
 

(Please complete and return this form only if you wish to withdraw from the contract.)

For the attention of SAS LACLAYE - 9 rue d'Enghien, 69002 LYON, France.

Reachable by email at the following address: contact@laclaye.com


I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:


Ordered on (*)/received on (*): ........................................................


Name of consumer(s): ..........................................................


Address of consumer(s): ..............................................................


 


Signature of the consumer(s) (only if this form is notified on paper): ....


Date: .........................................................



(*) Delete as appropriate.




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