SARL U Pascal et Philippe
La Tirandière, 1203 route de Marlieux
01320 Saint Nizier le désert tel. (+33)6 28 74 56 00
sebastiencarette@pascaletphilippe.com
SIRET : 878 591 643 00027
TERMS AND CONDITIONS GENERAL TERMS AND CONDITIONS OF SALE TO CONSUMERS
Preamble Ownership of the website: the entire website is the property of Pascal et Philippe SARLU with capital of €5,000. Registered office: 1203 route de Marlieux, 01320 Saint Nizier le desert, France, company registration number RCS BOURG EN BRESSE 878 591 643, as well as all the related rights. Any reproduction, in whole or in part, is prohibited without the express prior authorization of Pascal et Philippe SARLU.
1- Acceptance of the general terms and conditions of sale
Customers acknowledge that they have read the General Terms and Conditions of Sale before placing an order, and expressly declare that they accept them without reservations. These general terms and conditions of sale rules the contractual relation between Pascal et Philippe SARLU and its customer. The general terms and conditions of sale take precedence over all other conditions in all other documents, except as otherwise expressly provided beforehand in writing by Pascal et Philippe. The general terms and conditions of sales also apply in all kinds of distance selling and will be sent by email to the customer.
Pascal et Philippe can modify these terms and conditions at any time, without notice. The applicable terms are those available on the website or sent by email when the order is confirmed. Pascal et Philippe reserves the right to make changes, at any time and without notice, to the size, shape, layout, materials, and finish of its products. The Products illustrations, photographs and descriptions on the website and in the catalogue are not contractual.
2- Order
To place an order with Pascal et Philippe, it can be done at the shop, by email, on the website or any other platform accredited by Pascal et Philippe to sell its products.
For custom orders, Pascal et Philippe will ask questions to define your aesthetic and technical needs.
To redact a proforma quote, Pascal et Philippe will need to collect your personal information such as Name, first name, address, phone number, email and any other information relevant to satisfy the order.
Once established, the proforma will be sent to the customer by email with the present general terms and conditions of sale. The customer’s validation by email response will be considered as validation of the order and acceptance of the present terms.
3- Price et Payments
Prices indicated on the website, the pricelist (shipping not included) or a proforma are indicated in Euros and all taxes included (VAT at the present day’s rate in France and European union). A Price with excluded taxes will be calculated for any order for any destination outside E.U. Any importation taxes are to the charge of the customer only. For any "standard" product order, payment of the price of the item results in immediate placement of the order in the production line with a delay of 2 to 4 weeks (excluding delivery) except for the Pierre collection, the delays of which can extend to 8 weeks.
For custom orders, a deposit of 30% of the price of the order is requested before any production begins. A period of 2 to 8 weeks (agreed in advance with the customer) before delivery is triggered by the payment of the deposit.
At the end of production, the customer will be contacted as soon as possible by email by Pascal aet Philippe to pay the full price of the order. From the sending of this email, you have 15 days to make your payment. After this time, deposit and produced items remains the property of Pascal et Philippe.
For unique pieces, a full payment of the product, boxing and shipping price (except the price of shipping if the customer uses his own shipping method) is requested before sending the product.
For the services of tailor-made creations, several stages are possible depending on the customer's request.
1) Creation
The creation service is invoiced alone only in the event of interruption of the project
2) Technical development
The technical development will be invoiced only in the event of interruption of the project before stage 3. In the event of development requiring large resources, an adjustment of the deposit can be made.
3) Manufacturing
Manufacturing may be a single billed step depending on the nature of the project.
Lighting restoration services are invoiced on delivery because they are subject to the vagaries of the old (more work might be necessary than what was estimated during the preliminary visual examination. In this case, you are informed, either by telephone or by e-mail before any intervention).
The prices in effect during the sale are those displayed on the Pascal and Philippe site at that time. Pascal et Philippe reserves the right to modify its prices at any time.
Different payment options are available to you:
Either by credit card via PayPal, or by bank transfer using the information (IBAN) provided on the quote and the invoice.
4- Production time
Production time (launched from receipt of the deposit of 30% of the amount of the invoice) are generally four weeks. In the event of an extension of this deadline (for reasons that may be related to a delay in supply, loss of technical means or overload of the production schedule, etc.), you will be informed either when the order is taken or, from the contingency generating the observed delay.
For a large order (whose quantity or specificities require a particular supply), circumstantial production times may be applied.
For an urgent order (if it can be carried out), the deadline can be shortened, for an additional 15% on the order
5- Delivery
The goods will only be entrusted to a carrier upon receipt of payment of the full price of the order.
Delivery of orders is carried out by service providers independent of Pascal et Philippe within the deadlines announced by these service providers. The deadlines announced by these service providers are usually 48-72 hours for packages weighing less than 30 kg and more than 72 hours for packages weighing more than 30 kg. International delivery times range from 2 to 30 days. Once your order has been shipped, you will receive an email with all the information allowing you to track your delivery.
In addition, as mentioned above, for deliveries outside France, the customer agrees to pay all taxes due on the importation of products, customs duty, value added tax, and all other taxes due in under the laws of the country of receipt of the order. Pascal et Philippe cannot be held responsible for the non-payment of taxes incumbent on the customer.
The products are delivered to the delivery address indicated during the ordering process.
In the event of deliveries by a carrier, Pascal et Philippe cannot be held responsible for the delay in delivery due to non-compliance with one of its obligations by the customer (payment of the price, payment of customs duties and taxes, presence for receipt of the order, accuracy of information when ordering such as postal address or telephone number, etc.) or a case of force majeure recognized as such by law, case law or national and international authorities .
The customer is required to check the condition of the products upon receipt. In the event of damage, he must mention his reservations precisely on the delivery note and reiterate them to the carrier by registered letter with acknowledgment of receipt within three (3) days of delivery in accordance with the provisions of Article L. 133-3 of the Commercial Code. He must also inform Pascal and Philippe by registered letter with acknowledgment of receipt of any damage due to transport within eight (8) days of receipt. No complaint will be accepted in the event of non-compliance with these formalities.
6- Availability
Our products are offered as long as they are visible on the pascaletphilippe.com website and within the limits of available stocks. For non-stocked products, our offers are valid subject to availability from our suppliers.
In case of unavailability of product after placing your order, customer will be notified by email. The order will be automatically canceled and refunded via the same payment method used when placing the order.
7- Withdrawal
According to Article L221-18 of the Consumer Code, the consumer has a period of fourteen days to exercise his right of withdrawal without having to justify his decision or bear any costs other than those provided for in Articles L. 221. -23 to L. 221-25. Return costs are therefore the responsibility of the consumer.
This period runs from the receipt of the goods by the consumer or a third party, other than the carrier, designated by him.
Returned products will only be accepted if they are returned in their original packaging, complete (product, instructions and accessories) and in new condition. Any damage suffered by the product until it is received by Pascal and Philippe may be such as to defeat the right of withdrawal. This right of withdrawal does not apply to products that are customized or tailor-made, according to the customer’s instructions. Specific materials, colors or associations of colors chosen by the customer for the product ordered, are custom orders.
Procedure:
The customer must inform Pascal and Philippe within 14 days of receipt of the product of the exercise of his right of withdrawal either by email to: sebastiencarette@pascaletphilippe.com, or by mail to the following address: Pascal and Philippe La Tirandière, 1203 route de Marlieux 01320 Saint Nizier the desert.
Pascal et Philippe undertakes to check the condition of the product upon receipt. The refund will take place within 14 days of receipt of the goods, subject to the condition of the goods.
Pascal et Philippe reimburses all costs collected when ordering, including delivery costs (except if the customer chooses a more expensive shipping method). The refund is made via the same means of payment as that used during the order (unless expressly agreed in writing by the consumer and as long as the means of reimbursement does not generate additional costs for any of the parties).
Creation process and technical development are excluded of these withdrawal terms.
8- Warranty
All products supplied by Pascal and Philippe benefit from a contractual guarantee of 24 months from receipt of the product.
Any return must be notified and validated beforehand by Pascal and Philippe and sent at your expense to: Pascal and Philippe la Tirandière, 1203 route de Marlieux 01320 Saint Nizier le désert
Pascal et Philippe is bound by the guarantee of conformity of the goods to the contract as provided for in article L217-4 of the consumer code and the guarantee against hidden defects in accordance with article 1641 of the civil code.
When you decide to apply the guarantee of contractual conformity, it has a period of 24 months from receipt of the product. You can choose between repairing the product or replacing it. The cost of sending the product will be reimbursed to you on the basis of a prior agreement.
If you opt for the guarantee against hidden defects, you can choose between the cancellation of the sale or a reduction in the sale price as described in article 1644 of the civil code.
Are excluded from any warranty:
Defects resulting from improper use, improper maintenance or improper handling as well as accidental breakage.
Defects occurring because of improper installation of the product (All installation must be carried out by a professional).
Defects arising from misuse or professional or commercial use.
Spare parts and accessories whose normal wear due to the use of the product generates the need for their replacement (bulb, etc.)
Faults resulting from external events (water damage, lightning, earthquake, etc.)
Interventions carried out on the device by anyone not authorized by Pascal and Philippe or defects that may result from such interventions.
9- Limitation of liability
The products offered by the company Pascal et Philippe comply with the French legislation in force. Pascal et Philippe cannot be held responsible for non-compliance with the legislation of the country in which its products are delivered. It is your responsibility to check with the local authorities the possibilities of importing or using the products or services you wish to order.
The information offered on the pascaletphilippe.com website (photos, prices, product sheets, etc.) is given for information only. Pascal et Philippe strives to keep them accurate but cannot be held responsible for involuntary errors and omissions as well as late updates.
Pascal et Philippe reserves the right to modify at any time and without prior notification the shape, size, material or finish of the models presented on its site or its catalog, the visuals and descriptions present therein not being contractual.
Pascal et Philippe cannot be held responsible for any damage suffered resulting from the misuse of its products and services.
Pascal et Philippe disclaims all liability in the event of the restoration of lighting fixtures. A desire to improve and update to current standards is applied, but no lack of conformity can be attributed to Pascal and Philippe for this type of service. All risks incurred are borne by the customer.
10- Processing of personal data
All personal information (name, first name, addresses, email address, telephone number, etc...) that will be requested from you during commercial transactions with Pascal and Philippe is necessary for the proper resolution of contractual services.
As such, these data can only be used by authorized persons belonging to Pascal and Philippe as well as by service providers mandated by Pascal and Philippe (carrier, etc.) in order to finalize the terms provided for in the contract.
You have the right to inspect, modify or delete this data at any time in accordance with article 11 of law 78-17 of January 6, 1978.
11- Applicable law
This contract is subject to French law.
In the event of a dispute, you can, if you wish to find an amicable agreement, contact Pascal and Philippe, either by email: sebastiencarette@pascaletphilippe.com or by post: Pascal and Philippe La Tirandière, 1203 route de Marlieux 01320 Saint Nizier le désert .
12- Intellectual property
The pascaletphilippe.com website and all its content is the property of Pascal et Philippe SARL U in its entirety as well as the rights relating thereto. Any partial or total reproduction, for any purpose whatsoever, is illegal and may be subject to prosecution.