Terms and conditions of sale - France
Who are we ?
The website www.laguiole-david.com is operated by SARL Laguiole Arbalète Genès David, and its purpose is to market the knives manufactured by SARL Laguiole Arbalète Genès David in Thiers and to promote on the internet the products manufactured by SARL Laguiole Arbalète Genès David and its activities.
General conditions of sale
The present website www.laguiole-david.com (the "Website") is edited by the company SARL Laguiole Arbalète Genès David, SAS with a capital of 1 000 euros, registered in the Trade and Companies Register of Clermont-Ferrand under the number 531 667 277 00036 and having its head office located at 3 rue du Champ du Bail - 63300 Thiers - France, and whose intra-community VAT number is FR94531667277
1 - Purpose
The purpose of the present Terms and Conditions of Sale (the "Terms and Conditions") is, on the one hand, to inform any potential consumer of the terms and conditions under which SARL Laguiole Arbalète Genès David proceeds with the sale and delivery of the ordered products, and on the other hand, to define the rights and obligations of the parties in the context of the sale of products on the Website.
The General Conditions apply to the relationship between SARL Laguiole Arbalète Genès David and any non-trading individual aged at least 18 years and having the legal capacity to contract (the Customer), wishing to make a purchase on the Website.
Prior to placing an order, the Customer declares that :
the purchase of products on the Website is not directly related to his professional activity and is limited to a strictly personal use; to have the full legal capacity, allowing him to commit himself under these General Conditions.
Consequently, the fact that any person orders a Product offered for sale on the Web Site implies full acceptance, without restriction or reserve, of the present General Conditions of which the customer acknowledges having read prior to his order.
SARL Laguiole Arbalète Genès David reserves the right to modify at any time the General Conditions. In case of modification, the General Conditions in force at the day of the order will be applied to each order.
The last date of update of the General Conditions is indicated at the bottom of the present heading "General Conditions of Sale".
The texts, photos, logo, and the entire content of the website www.layole.com may be subject to change, modification at any time without notice.
2 - The Products
The products governed by these General Conditions are those presented on the Website (the "Products"). They are offered within the limits of available stocks.The essential characteristics of the Products are described with the greatest possible accuracy.The illustrations and photographs on the Website faithfully reproduce the Products and/or the services offered. However, the Customer acknowledges and accepts that the natural material handles of the Knives may not correspond precisely to the photo of the product on the Site, it being specified that only the most beautiful pieces are chosen. Similarly, the customization options of the Knives, such as the chiseling of the spring and the massive forged bee, may not correspond exactly to the photo of the product on the Site, as these are manual creations and finishes.
Moreover, the errors or notorious mistakes cannot engage SARL Laguiole Arbalète Genès David. Some products can be customized online. In this case, SARL Laguiole Arbalète Genès David declines any responsibility for the content or quality of the textual or graphic elements chosen and added by the Customer to the products. The Customer is solely responsible towards third parties for the textual or graphic content of the customizations of his choice. The Customer declares and guarantees that the textual or graphic content of his choice for the customization of the Product he intends to order is free of rights, complies with public order and does not contain any pornographic or incitement to racial hatred.
3 - Prices
The prices indicated on the Website are expressed in euros and include all taxes, but do not include shipping costs. They take into account the applicable VAT and any reductions applicable on the day of the order.
For certain Products offering a wide choice of materials and options, the method of calculating the price is indicated as an indication with the greatest possible precision.
The shipping costs (delivery, packaging and preparation of the parcel according to the amounts in force), are specified before the validation of the order.
SARL Laguiole Arbalète Genès David reserves the right to modify at any time
The price indicated at the time of the confirmation of the order is the price, including all taxes and including the amount of the delivery charges according to the delivery method chosen by the Customer.
The Customer may, upon request, have the invoice sent to the billing address and not to the delivery address by validating the option provided for this purpose when ordering.
4 - The customer account
Before any first order, the Customer must create a personal account by filling in the required fields allowing his identification.
The account must be created before any order by clicking on the link "My account / login" which appears at the top of the page of the site; or at the time of the validation of the basket.
To create an account, the Customer must enter his e-mail address and a password, as well as personal data (title, first name, surname, date of birth, e-mail address, delivery address, postal code, etc.).
The Customer agrees to provide true and sincere information and to inform SARL Laguiole Arbalète Genès David of any change. He can do it spontaneously in the My Account section. The Customer is solely responsible for the consequences of the use of his account, as well as the data he has entered. The account allows the Customer to have access to the following sections and information:order history and details, product returns credit notes addresses discount coupons personal information.
5 - The contract
To validate an order, the Customer must identify himself with his email address or his customer number, and his password.
Once his basket is validated, the Customer chooses successively the delivery address as well as the delivery method, then the payment method. Before confirming his order, the Customer has read the General Conditions and has expressly accepted them by checking the box provided for this purpose. The Customer also has the possibility to check the details of the offer and the information entered in order to correct any errors, before such acceptance. The validation of the order by the Customer constitutes the Customer's agreement on the characteristics of the sale, both on the quantities, the pricing and the nature of the Products. No modification of the order can be made after this validation. The validation of the order commits the Customer and entails the obligation to pay. The Customer will receive by email an acknowledgement of receipt of the order by SARL Laguiole Arbalète Genès David. If the Customer expressly requests it when placing the order, he/she can receive the acknowledgement of receipt of the order by one of the following means: mail, telephone, fax. This acknowledgement of receipt confirms that the order has been taken into account by SARL Laguiole Arbalète Genès David and not that the product ordered is available. SARL Laguiole Arbalète Genès David commits to honor the orders received on the Web Site only within the limits of the available stocks of Products. In case of unavailability of the ordered Product, the Customer will be informed without delay. In this case, the order will be cancelled and no debit will be made, and if the latter has already occurred a refund will be made without delay. Orders paid by bank transfer or check will only be processed once the full payment of the order has been credited to the account of SARL Laguiole Arbalète Genès David. The Customer acknowledges and accepts that the delivery terms are only applicable as of the effective reception of the payment by SARL Laguiole Arbalète Genès David. The Products ordered remain the property of SARL Laguiole Arbalète Genès David until the complete payment of the sums due.
6 - Terms of payment
The Customer can pay his order : by bank or postal check, in Euro only, to the attention of SARL Laguiole Arbalète Genès David and to this address: 3 rue du Champ du Bail 63300 Thiers. Checks issued in Euros from other countries than France are accepted, but will generate a collection fee of 12,00 € TTC, at the final charge of the Customer.
In case of a difference in name and address between the Customer and the bearer of the check, SARL Laguiole Arbalète Genès David reserves the right to ask the Customer to prove his identity and his residence. SARL Laguiole Arbalète Genès David reserves the right to ask the Customer for a bank check if the amount of the order is superior to 1500 Euros. For bank transfers and postal orders, SARL Laguiole Arbalète Genès David does not charge any fees. by bank transfer, in Euro only, to the account whose bank details are specified when choosing this method of payment. by French or international credit card : Carte Bleue, e-carte bleue, Visa, Maestro, Mastercard, Visa Electron. The Customer must
7 - Delivery
7.1 Delivery time and general information
SARL Laguiole Arbalète Genès David commits itself to deliver the Products that are in stock on the day of the order to the carrier chosen by the Customer at the latest 72 working hours after validation of the order by the Customer. The items presented on this Site are all handcrafted. Therefore, due to the large number of references and the wide variety of materials, as well as the numerous customization options, some Products may not be immediately available in stock or may require design or customization work in the workshop, thus requiring additional time. Therefore, SARL Laguiole Arbalète Genès David commits itself to manufacture the ordered Products within 7 working days from the day of the order, and to deliver the ordered Products to the carrier at the latest 72 working hours after this delay. For the "made to measure" range, following discussions with the Customer concerning the specificities of the Product(s) ordered, SARL Laguiole Arbalète Genès David establishes an estimate which includes a deadline for the realization. By default, for the "made to measure" range, SARL Laguiole Arbalète Genès David commits to honor the order and to deliver the ordered Products to the carrier within 4 weeks from the day of the order. In case of foreseeable unavailability of the Product ordered due to a material being out of stock beyond the above mentioned time frame, SARL Laguiole Arbalète Genès David will inform the Customer without delay. In this case, the order will be cancelled and no debit will be made, and if the latter has already occurred a refund will be made. In case of delivery abroad, the Client agrees to pay customs duties and other taxes related to the import of the Products in the country of delivery. In addition, the Customer acknowledges having full knowledge of the Laws and Regulations of the country of the place of delivery governing the import and possession of items (outside of Metropolitan France).
- If you have a precise date to respect, we advise you to take an additional margin of 1 day and to warn us at the time of your order by adding a comment or by writing to us directly at email@example.com
For any additional information, please contact our customer service :firstname.lastname@example.org
7.2 Delivery methods
Delivery in Metropolitan France and Monaco
The delivery is carried out by La Poste in Colissimo Suivi to the residence indicated by the Customer at the time of his order.
~ Characteristics of the system Colissimo Suivi of the Post office
Delivery is provided by La Poste.
The Customer - or the recipient of the ordered Product designated as such at the time of the order, in particular in the event of gift - receives his parcel at the address indicated at the time of the order against signature. In case of absence, a notice of pending delivery is left in the mailbox of the recipient of the package. It indicates the address of the post office where the parcel can be collected. The recipient then has 15 consecutive days to retrieve it.
After this period, the parcel will be automatically sent back to SARL Laguiole Arbalète Genès David.
The recipient of the parcel is required to check the condition of the package and the content of the goods upon delivery.
In case of doubt of any nature whatsoever on the state of the packaging or the contents of the package, the recipient of the package is required :
- If he refuses the package, to report the deterioration of its packaging to the deliveryman or the counterman,
- If he receives the package despite its deterioration, to report the deterioration of its packaging to the deliveryman or the counterman, or the deterioration of the contents of the package by filing a claim with the customer service.
For more information, please contact
- In all cases, to report these incidents within 48 hours of receipt to SARL Laguiole Arbalète Genès David by email at email@example.com specifying his name, first name, address, email.
The delivery within the deadlines can only occur if the Customer is up to date with his obligations towards SARL Laguiole Arbalète Genès David whatever the cause.
The average delays are as follows:
- Colissimo Suivi = 48 hours to Metropolitan France and Monaco (in working days)
Any overrunning of the time limit will not give rise to damages, withholding or cancellation of the order by the Customer.
In case of delay in delivery, the Customer will have to inform SARL Laguiole Arbalète Genès David by any means in order to improve the quality of the service and to allow SARL Laguiole Arbalète Genès David to proceed to an investigation with the carrier. An investigation can last up to 21 working days. The package found
Any delay in delivery will not give rise to damages, withholding or cancellation of the order by the Customer.
Delivery in French Overseas Departments and Territories, taxes and custom fees
SARL Laguiole Arbalète Genès David ensures the shipping of orders outside of France. In this case, the shipping terms, delays and taxes vary according to the country of destination and are subject to specific provisions.
8 - Right of withdrawal
8.1 Right of withdrawal
All Products presented on the Website can be retracted, except for Products made to the Customer's specifications, notably the Laguiole "Collection" and Products personalized by an engraving, in accordance with the provisions of article L121-21-8 of the French Consumer Code.
The Customer acknowledges and accepts that he/she does not have the right of withdrawal for Products made according to the Customer's specifications, in particular "made-to-measure" items and Products personalized by engraving.
8.2 Implementation of the right of withdrawal
For Products eligible for the right of withdrawal, the Customer has a period of fourteen days from the day on which the Customer or a third party, other than the carrier designated by him, takes physical possession of the Product, to exercise his right of withdrawal, without having to give reasons for his decision.
To do so, the Customer must inform SARL Laguiole Arbalète Genès David within the aforementioned time limit, by sending a written notice to SARL Laguiole Arbalète Genès David, 3 rue du Champ du Bail - 63300 Thiers - France or by email to firstname.lastname@example.org. The Customer can also use the withdrawal form that can be downloaded and printed here or by email at email@example.com or via THE CONTACT FORM.
The Customer will have to send back the ordered Products, at his exclusive expenses, packed in a shock absorbing material and wedged, in order to avoid any untimely movement, in an appropriate parcel adapted in size, to SARL Laguiole Arbalète Genès David, 3 rue du Champ du Bail - 63300 Thiers - France, without excessive delay and at the latest, within fourteen days following the sending of the withdrawal form.
The returned Products must be intact, complete and undamaged.
The Customer acknowledges and accepts that the final cost of returning the Products shall be borne by the Customer, and that the Customer may be held liable in the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Products. The return of the Products is at the Customer's own risk and expense. SARL Laguiole Arbalète Genès David recommends to send back the Products by Colissimo.
SARL Laguiole Arbalète Genès David will proceed with the reimbursement upon receipt of the Products or upon receipt of a proof of shipment of the Products, sent by the Customer by mail to the following address
SARL Laguiole Arbalète Genès David, 3 rue du Champ du Bail - 63300 Thiers - France.
The refund of the returned Products, subject to the respect of the above mentioned conditions, as well as the standard shipping costs of the latter when the whole order is returned (with the exception of the additional costs resulting from the fact that the Customer would have chosen, if necessary, a mode of delivery other than the less expensive mode of standard delivery which proposes the Site), will intervene by using the same means of payment that the Customer used at the time of the order.
In the event of failure or impossibility of reimbursement by the same means of payment, the reimbursement will be made by check sent to the billing address.
9 - Guarantees and after-sales service
SARL Laguiole Arbalète Genès David guarantees that all necessary care has been taken to ensure that the Product conforms to the description on the Site at the time of the order.
However, the Customer acknowledges and accepts that the natural handles of the Knives may not correspond precisely to the picture of the product on the Site, it being specified that only the most beautiful pieces are chosen.
Similarly, the customization options such as the chiseling of the spring and the massive forged bee may not correspond exactly to the photo of the product on the Site, as these are manual creations.
All the Products on sale on the Website benefit from the legal guarantee of conformity and the guarantee against hidden defects. Any defective or non-compliant Product can be returned.
The items sold on the Website (except for other Products and accessories) benefit from an unlimited warranty provided by SARL Laguiole Arbalète Genès David, under the conditions defined below.
The items sold on the Site are delivered with a warranty certificate.
The warranty applies to items that would be damaged only when they are used in normal conditions of use. They can be exchanged or repaired free of charge, depending on the case.
This warranty covers replacement and warranty of parts, labor, or replacement of the Product (if repair is not possible or, if repair is too expensive, replacement with the same or similar model).
To implement this warranty, the Customer must comply with the procedure for after-sales service as defined in Article 9.2.
The warranty does not cover the cost of shipping the Knife back to the Customer nor the cost of returning the Knife after repair or replacement. The Customer alone assumes the risks related to the transport of the Product when it is sent and received.
The warranty is excluded in case of poor maintenance or misuse or for any modification or transformation of the Product by a third party.
Independently of this guarantee, SARL Laguiole Arbalète Genès David is held responsible for the defects of conformity of the good with the contract under the conditions of article L. 211-4 and following of the French Consumer Code and for the hidden defects of the thing sold under the conditions of articles 1641 and following of the French Civil Code.
For maintenance advice, the Customer should refer to :
- the Guarantee Form systematically delivered with each knife,
- as well as to the maintenance advice on the page " Maintenance of your knife ".
A reminder: a knife is used for CUTTING: water is often forbidden on the handle, just as the horn does not get wet.
9.2 After-sales service
Before returning any Product, the Customer must request a return number by email to firstname.lastname@example.org, by telephone or via THE CONTACT FORM.
The Customer must return the damaged Knife in a package of the appropriate size; wrap it in a shock-absorbing material and secure it in the package to avoid any untimely movement.
The Customer must enclose a document with his return address, his return number, the problem encountered with the knife and a photocopy of the Product Warranty Card.
It is advisable to take out transport insurance.
The Customer must return the damaged knife to SARL Laguiole Arbalète Genès David - 3 rue du Champ du Bail - 63300 Thiers - France, for diagnosis.
SARL Laguiole Arbalète Genès David will then inform the Customer if the returned product is eligible to the warranty, and if it can be repaired or if it must be replaced.
9.3 - LEGAL WARRANTY OF CONFORMITY
When acting under the legal guarantee of conformity, the consumer :
- has a period of two years from the delivery of the goods to act;
- may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;
- is exempted from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period will be extended to twenty-four months as of March 18, 2016.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The consumer may decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
10 - Responsibilities
The Products offered on the Site comply with the French legislation in force.
SARL Laguiole Arbalète Genès David cannot be held responsible for any failure to respect the laws of the country where the Products are delivered. It is the responsibility of the Customer to verify with the local authorities the possibilities of importing or using the Products he/she intends to order.
SARL Laguiole Arbalète Genès David will not be held responsible if the failure to fulfill its obligations is due to an unforeseeable and insurmountable act of a third party or to a case of force majeure as defined by the French jurisprudence.
In the same way, SARL Laguiole Arbalète Genès David cannot be held responsible for any inconvenience or damage inherent to the use of the Internet network, notably a break in service, an external intrusion or the presence of computer viruses. In this regard, the Customer is personally responsible for the implementation of computer and telecommunications means allowing access to the Site, which he retains all costs.
11 - Intellectual Property
All elements of this Website, whether textual, visual or audio, including the underlying architecture, are protected by the provisions of the Intellectual Property Code.
The trademarks, logos, drawings and models appearing on the Website are the exclusive property of SARL Laguiole Arbalète Genès David.
Any reproduction, even partial, of the Website, of the texts, images and photographs presented on it is forbidden. The content of the Website, in whole or in part, may not be reproduced, downloaded or otherwise manipulated without prior authorization, except for a copy for private and non-commercial use.
Any hypertext link to the home page of the Website or to certain pages, texts, videos or images of the Website, must be subject to a prior request to SARL Laguiole Arbalète Genès David.
The technique of "deep linking" is forbidden, that is to say that the pages of the Website must not be nested inside the pages of another website.
12 - Personal data and cookies
SARL Laguiole Arbalète Genès David protects the privacy of individuals and the confidentiality of their personal information and is committed to providing the highest level of protection.
13 - Applicable law and jurisdiction
The General Conditions are subject to French law. In the absence of an amicable settlement, all disputes will be, in all cases and regardless of the number of parties to the dispute, under the exclusive jurisdiction of the French courts.
The fact that SARL Laguiole Arbalète Genès David does not take advantage of a breach of any of the obligations of the Customer, governed by the present Terms and Conditions, cannot be interpreted as a renunciation for the future of the obligation in question, nor of the right for the Customer to take advantage of this breach later.
14 - Entirety
If one or several stipulations of the present General Terms and Conditions of Sale are held to be invalid or declared null and void or unwritten in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain all their scope and force.