1. Particulars required by the law of confidence in the digital economy, www.lagrandecoutellerie.fr and designation of parties.
The present site is published by the company La Grande Coutellerie SAS with a capital of 10 000€ whose registered office is situated 30 rue des gras, 63000 Clermont-Ferrand, France, has a trade and Clermont-Ferrand company registration number which is 524 532 926.
The publisher can be contacted by phone at 06.78.39.10.10 or by email through the contact form (contact heading).
His VAT number is: FR 915 245 329 26
This site is hosted by OVH whose registered office is situated 2 rue Kellermann 59100 Roubaix and can be contacted by phone at 0899 701 761.
The director of the publication of this site is Philippe Pernot, who also serves as head of drafting.
The present site is free of access and free for all net surfers. Its object is the online sale of kitchen, table and pocket knives manufactured in France and customizable.
Subscription to a contract governed by these terms with the publisher of this site implies the acceptance by the net surfer of the aforesaid terms. The net surfer recognizes being fully aware and informed of these terms. This acceptance consists in clicking the box corresponding to the following sentence: "I recognize having read and accepted the sales and use terms of this site".
Having marked this box has the same value as the web surfer's written signature. The web surfer recognizes the proof value of the site's automatic recording system and except if he can prove otherwise, he renounces the possibility of challenging in case of litigation.
The acceptance of these terms supposes on behalf of the net surfer that he or she has the legal capacity to litigate, or that he or she has the authorization of a tutor or a curator, if he or she isn't, or that he or she is in possession of a warrant if he or she is acting on behalf of someone.
The sale of knives to minors is forbidden (decree N° 95-589 of the 6th of May 1995 relative to the application of the decree of the 18th of April 1939 determining the regime of war materials, weapons and munitions.)
2. Subscription modality for orders and description of buying process
As required by the law of confidence in the digital economy dating back to the 21st of June 2004, ordering process is described as follows.
To place an order, web surfers can select one or many objects, customize them and place them in their cart. When their order is complete, they can go to their cart by clicking on the corresponding button.
When they consult their cart, members will be able to check the number as well as the nature of the articles they have chosen and to verify the unit price as well as the global price of their order. They will also be able to remove one or several articles from their cart.
In this summary customers will be shown the possibility they have (or have not) to exercise their right to withdraw, along with the delays incurred.
If their order is suitable and they wish to confirm it, web surfers may click on the validate button. They will then be conducted to a form to complete in which they will either enter their login if they have one or register on the site by filling out the form with their personal information.
Once they're connected or once the form is properly filled out, customers are required to control or modify their delivery and billing coordinates. They will then be invited to pay and be redirected to the secured payment gateway.
Once the site publisher has received payment he will immediately electronically confirm reception of said payment within a 24 hour delay.
At the same time, the site publisher agrees to send his customer an electronic confirmation summarizing the order and confirming its treatment, recalling all the information pertaining to the order, the objects which were ordered, their delivery as well as the terms of withdrawal he or she is entitled to.
Prices indicated on the website are in Euros, include all taxes, but do not include delivery costs. These prices may be modified at any given time by the publisher. Prices displayed are valid up till the day of the order and bear no effect as far as the future is concerned.
Delivery costs will be, in all probability, pointed out to the customer before any payment and only concern deliveries made in metropolitan France, including Corsica. For any other destination, the customer will have to get in touch with customer service.
Products and articles sold remain the property of the seller until they are completely paid for, in accordance with the clause reserving ownership.
The availability of products is indicated on the site, with the description of each item.
3. Information concerning payment
The web surfer can place his order on the site and pay for it by cheque or credit card.
Payments by credit card are made through secured transactions supplied by the service provider: Crédit mutuel (Payline) or Paypal. When payment is made by the buyer with a credit card, the publisher of this web site has absolutely no access to information concerning the buyer’s means of payment. The payment is made directly via the banking institution.
When payment is made by transfer, delivery delay begins once the seller has received full payment by the buyer, who can show evidence of such by all means.
Orders are delivered by post in France, within a delay of 72 work hours, beginning once the seller has received full payment for the article with the exception of products with engraving which can require a longer preparation time.
Orders are delivered by post or FedEx in Europe or world, within a delay of 8 days, beginning once the seller has received full payment for the article with the exception of products with engraving which can require a longer preparation time.
Certain products or certain volumes may entail a longer delay for delivery. This will be specifically mentioned to the buyer when his order is validated.
The customer agrees to check the conformity of the order upon delivery. All delivery errors concerning the order or apparent defects must be notified by a complaint, via a registered letter with acknowledgment, within 7 days of the delivery. Beyond this required time, the product will be considered in conformity with the order, and the customer will no longer be able to avail himself of a delivery error or an apparent defect.
5. Provisions relating to consumer rights
The customer service of this site is accessible from Monday to Friday from 9 AM to 7 PM at the following number (with no surcharge) +3220.127.116.11.10, by email using the contact form (contact heading on the site) or by letter at the following address: La Grande Coutellerie, 30 rue des gras, 63000 Clermont-Ferrand, France. By email or by letter, the publisher agrees to answer within 2 business days.
In accordance with the legislation in force, consumers have 7 days starting when the parcel is delivered to ask for an exchange or a refund. In order to do so, they must return the parcel, at their own expense, using the services of a transport provider or any person handling the parcel, guaranteeing maximum security, to the registered address of the company: 30 rue des gras, 63000 Clermont-Ferrand, France, along with a letter asking for either a refund or an exchange.
In accordance with the dispositions of article N° L121-20-2 of consumers' code, consumers will in no way be entitled to a withdrawal for orders of all products which are customized or made to their specification.
All returns must be complete (packing, instructions, accessories, copy of the invoice), and the returned objects must be in perfect condition, fit to be resold, in no way dirtied, deteriorated, or damaged after being used.
All delivery delays can entail the cancellation of the order by the consumer, on simple written demand. The consumer will be then be totally reimbursed for all sums spent for the order. This present clause is not valid if the delay incurred is caused by a case of force majeure, independent of the publisher.
In this case the customer agrees not to prosecute the site and its publisher and gives up the right to cancel the sale, as mentioned above in this article.
6. Warranty of the products bought on this site
All products sold on the present site are commercialized in compliance with laws and regulations and have market approval. Compulsory posting required by laws and regulations will be shown on the site along with fact sheets for each article.
In case of a defect of a product purchased on this site, in compliance with dispositions of the civil code relating to legal warranty of hidden defects, customers dispose of a two year delay starting when the defect was discovered to claim an exchange or a refund of the product. In compliance with article L211-5 of consumers' code, they dispose of a two year delay starting at the point of delivery of said product to claim an exchange or a refund if the product delivered is not consistent with the order, according to the sense given to this word in the above mentioned article.
In order to make use of this right, the customer must return the parcel, at his own expense, using the services of a transport provider or any person handling the parcel, guaranteeing maximum security, to the registered address of the company: 30 rue des gras, 63000 Clermont-Ferrand, France, along with a letter asking for either a refund or an exchange. The handling costs of the parcel, in this case only, will be refunded to the customer by bank cheque or by transfer, within a maximum delay of thirty days.
Objects purchased on this site, apart from having a warranty concerning hidden defects in compliance with the civil code, as well as a warranty concerning conformity imposed by article L211-5 of consumers' code which both are always applicable as defined above, have a conventional two year warranty offered by the seller.
A hidden defect of an object is one that in the normal course of events and use renders it unfit for its proper use. The obligation of conformity meaning the remitting of an object contractually agreed upon, the publisher of this site is in no way responsible for, even in the case of a conventional warranty, the normal wear and tear, accidental damage or abnormal use of the products.
7. Personal space
The creation of a personal space is a prerequisite before a web surfer can place an order. The member is required to supply a certain quantity of personal data. The member agrees to supply exact information failing which his or her contract will be cancelled by the publisher and his or her account discontinued.
Some information is considered indispensable in order to establish the contract and the gathering of this information is essential to the creation of a personal space and the validation of the said contract. Refusal by a member to give this information will result in the impossibility to create the personal space and incidentally to validate the contract.
This personal space allows the member or the customer to consult all orders made on the site, and, should the occasion arise, to follow the delivery of products that have been purchased.
If the data included in the heading "personal space" were to disappear for reasons unknown, because of a technical problem or a case of force majeure, the responsibility of the publisher of this site could not be committed, these data having no proof value but only an informative character. The publisher agrees nevertheless to protect these contractual elements securely, laws and regulations in force requiring so.
Pages concerning personal space are free to be printed by the owner of the account but do in no way constitute a proof. They only have an informative character, the purpose of which is to ensure an efficient management of his orders by the customer.
When creating a personal space, the user is asked to choose a password. This password constitutes the guaranty of confidentiality of the information contained in the customers heading: "my account" and the user must not transmit it or communicate it to a third party. Failing which, the site cannot be held responsible for non authorized access to a customer's account.
The publisher reserves the exclusive right to cancel the account of any member who has infringed the present general conditions (for example, and in no way exhaustively, when a member has given false information when signing in and creating his personal site) or an account which has been inoperative for at least a year. The cancellation of the account can in no way constitute damages for the excluded member who can under no circumstances lay any claim to any compensation whatsoever.
This exclusion does not preclude the possibility for the publisher to take legal action against a member, whenever it is deemed necessary.
8. Associates' newsletters
The member who has accepted to share his personal data (especially his webmail address) with third parties who are associates of the present site may receive newsletters sent by these associates, on a commercial basis or not, as often as the associates decide, and in the form they may choose.
The member may cancel his subscription by clicking on the link included in each newsletter sent by the associates. For lack of doing this, the member has the possibility to cancel the subscription by getting directly in touch with the senders of the newsletters. The publisher of this site is in no way responsible for the contents, the data or the form of the newsletters sent by the associates, whatever the damage done to the member. All claims must be sent directly to the sender of the newsletter.
9. Entries for the Data Protection Act of the 6th of January 1978
Web surfers have the option of transmitting personal information concerning them. The transmission of personal data is not indispensable to surf over the site. On the other hand, application to the present site implies the gathering by the publisher of a certain number of personal details concerning the web surfer. Web surfers who do not wish to supply the information which is necessary to make good use of the services proposed by the site and also necessary to create a personal space will neither be able to make use of the services of this site nor order anything on the site.
In the case of an order on the present site, the data collected relating to payment (credit card number and its use for commercial identification) depends on the acceptance of the person concerned, as exposed on the different forms available on the site.
Data collected are necessary for the proper administration of the services offered on this site as well as for the publisher's contractual obligations. These data are kept by the publisher for this sole purpose and the publisher agrees not to use them in another context, nor to transmit them to a third party, except when expressly authorized to do so by the user or in cases foreseen by law.
The coordinates of all users registered on this site are safeguarded for a period of six months, a quite sufficient length of time for the proper administration of the site and a normal use of the data. These data are conserved in secured conditions, using up to date technical means, in respect of the dispositions of the Data Protection Act of the 6th of January 1978.
All personal data collected are subject to computer processing and are exclusively reserved for the publisher of this site.
The processed personal data are not transferred abroad.
The declarant's number: 1496384
In addition to this, the publisher reserves the right to collect the public Internet Protocol addresses of all web surfers. The gathering of these addresses will be anonymous and will be preserved for the same length of time as personal information and will be used solely to assure a proper administration of the services proposed on the site. The IP address consists of a series of numbers separated by dots and permits the unique identification of a computer on the Internet.
The publisher is in the obligation of communicating all information to the police (on judicial requisition) or to any person (on order of the judge).
The IP address of a computer may permit to determine the true identity of a subscriber withheld by the Internet access suppliers.
10. Exoneration of the publisher while executing the present contract
In case of impossibility to gain access to the present site, for technical or other reasons, the customer will not be able to avail himself of damages and will not be able to claim compensation.
The unavailability (even when prolonged and without any limitative duration of one or several products) cannot constitute damage for the web surfer and cannot entail the granting of damages on behalf of the site or its publisher.
The visual representation of the products published on this site, are guaranteed by the publisher to be perfectly faithful to reality, thus complying with his obligation to supply irreproachable information. Nevertheless, in the current state of the art, the reproduction in terms of colours and form may vary perceptibly from one computer to another or differ from reality depending on the quality of graphic accessories and screens and on display resolution. These variations and differences will in no case be attributed to the publisher who will in no way see his responsibility involved because of this.
The products sold on the present site being commercialized in conformity with the laws and regulations in force in France, the publisher cannot be held responsible for non application of rules and regulations in force in other countries.
Equally, the customer expressly recognizing that he or she is of full age and solely responsible for the choice of the product and its use, the publisher cannot be held responsible for the use the product is put to.
Hyperlinks present on this site can refer to other sites and the responsibility of the publisher of this site cannot be engaged if the visit of the web surfer to other sites causes him damage. At the same time, the publisher cannot be held responsible if visiting a site causes any sort of harm to the web surfer.
11. The intellectual property rights relative to elements published on this site
All the elements constituting this site belong to the publisher and are thus protected by the law relating to intellectual property.
Web surfers recognize that, without authorization, all partial or total copying of one or other of these elements, even modified, is liable to entail prosecution against them by www.lagrandecoutellerie.fr or its rightful claimants.
This protection covers all textual or graphic contents of this site as well as its structure, its name or graphic.
The present general terms are subject to the application of French law.
Except in the case of public provisions, all litigation that could arise through the execution of these general conditions may be submitted, before any lawsuits, to the appreciation of the publisher in view of an amicable settlement. It is expressly noted that requests for amicable settlement do not suspend the time allotted for instituting legal proceedings.