Terms and conditions of sale
This English translation is provided for information only. In the event of any discrepancy, the French version prevails.
These terms and conditions of sale are entered into, on the one hand, by Didier Zaouche EI, a sole trader (entrepreneur individuel) trading as "Santons Didier", located at 41 rue Léon Bourgeois, 13001 Marseille, France, registered with the French National Business Register (Registre national des entreprises) under SIREN number 399 490 481, hereinafter "Les Santons Didier", and, on the other hand, by any natural or legal person wishing to make a purchase via the "Santons Didier" website (www.santonsdidier.com), hereinafter "the buyer".
1. Purpose
These terms and conditions of sale define the contractual relationship between "Les Santons Didier" and the buyer and the conditions applicable to any purchase made through the "Santons Didier" online shop, whether the buyer is a professional or a consumer.
Any purchase of goods or services through this website implies the buyer’s unreserved acceptance of these terms and conditions of sale.
These terms and conditions of sale prevail over any other general or special conditions not expressly approved by "Les Santons Didier".
"Les Santons Didier" reserve the right to change these terms and conditions of sale at any time. In that case, the applicable terms are those in force on the date of the buyer’s order.
2. Characteristics of the goods and services offered
The products and services offered are those shown in the catalogue published on the Santons Didier website.
These products and services are offered while stocks last.
The santons are shaped and painted by hand: each piece is unique, and slight differences in shape or colour from the photo are not a defect.
3. Prices
The prices in the catalogue are in euros, including VAT at the rate applicable on the day of the order; any change in the rate may be passed on to the price of the products or services.
Les Santons Didier reserve the right to change their prices at any time, it being understood that the price shown in the catalogue on the day of the order is the only one applicable to the buyer.
The prices shown do not include order processing, transport and delivery costs.
4. Orders
To place an order, the buyer:
- adds the chosen products to their cart, then clicks "Order";
- logs in to their customer account, or creates one by giving the details requested;
- chooses or adds their billing and delivery addresses;
- checks the order summary: cart amount, shipping costs and total;
- chooses a payment method and pays under the conditions set out in article 5.
Confirming the order means accepting these terms and conditions of sale, acknowledging full knowledge of them and waiving the right to rely on one’s own purchasing conditions or any other conditions.
All the data provided and the recorded confirmation constitute proof of the transaction. The confirmation is equivalent to a signature and acceptance of the transactions carried out.
The seller confirms the recorded order by email.
5. Payment
The price is payable when ordering.
Payment can be made:
- by card, on the secure payment page of La Banque Postale (Scellius), to which the buyer is redirected;
- with PayPal, on the PayPal website;
- by cheque made out to "Santons Didier" and sent to 41 rue Léon Bourgeois, 13001 Marseille, France: the order is then shipped as soon as payment is received.
Payment details are entered on the La Banque Postale or PayPal website and transmitted encrypted: "Santons Didier" never have access to the buyer's card number.
At the buyer’s request, a paper invoice showing VAT will be sent to them.
6. Delivery
Orders are shipped by Colissimo to the delivery address chosen by the buyer when ordering.
Delivery is possible to the countries offered in the address form, except the United States. If the delivery country is not served, the website tells the buyer before payment.
Shipping costs depend on the weight of the order and the delivery country. An indicative amount for mainland France is shown in the cart; the exact amount appears in the order summary, before payment.
Unless otherwise stated when ordering, products are delivered no later than thirty days after the order or, for payment by cheque, after the cheque is received.
If delivery has not taken place within this period, the buyer may order the seller, by registered letter with acknowledgement of receipt or in writing on another durable medium, to deliver within a reasonable additional period. If delivery has still not taken place at the end of that period, the buyer may terminate the contract in the same way; they are then refunded all sums paid no later than fourteen days after termination.
The risk of loss of or damage to the products passes to the buyer when they take physical possession of them. If a parcel arrives damaged or a santon is broken on receipt, the buyer is asked to report it as soon as possible, with photos, to contact@santonsdidier.com.
7. Product guarantees
The consumer has two years from delivery of the goods to obtain the application of the legal guarantee of conformity if a lack of conformity appears. During this period, the consumer only has to establish that the lack of conformity exists, not when it appeared.
Where the sales contract for the goods provides for the continuous supply of digital content or a digital service for more than two years, the legal guarantee applies to that digital content or digital service throughout the planned supply period. During this period, the consumer only has to establish that the lack of conformity affecting the digital content or digital service exists, not when it appeared.
The legal guarantee of conformity requires the professional, where applicable, to provide all the updates needed to keep the goods in conformity.
The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of the request, free of charge and without major inconvenience.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer asks for the goods to be repaired but the seller imposes a replacement, the legal guarantee of conformity is renewed for two years from the date the goods are replaced.
The consumer may obtain a reduction in the purchase price while
keeping the goods, or end the contract and obtain a full refund
against return of the goods, if:
1° the professional refuses to repair or replace the goods;
2° the goods are repaired or replaced after more than thirty
days;
3° the repair or replacement causes major inconvenience to the
consumer, in particular where the consumer permanently bears the cost
of taking back or removing the non-conforming goods, or bears the
cost of installing the repaired or replacement goods;
4° the goods still do not conform despite the seller’s unsuccessful
attempt to bring them into conformity.
The consumer is also entitled to a price reduction or to terminate the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. The consumer is then not required to ask for the goods to be repaired or replaced first.
The consumer is not entitled to terminate the sale if the lack of conformity is minor.
Any period during which the goods are out of use for repair or replacement suspends the remaining guarantee until the goods are delivered back in working order.
The rights mentioned above result from articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who obstructs the application of the legal guarantee of conformity in bad faith incurs a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (article L. 241-5 of the French Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for two years from discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or to a full refund against return of the goods.
8. Right of withdrawal
In accordance with the French Consumer Code, the buyer has 14 days from the delivery date of their order to return any item that does not suit them and be refunded, without having to give reasons or pay penalties. If they wish, they may ask for an exchange instead of a refund.
Items must be returned in their original condition and complete (packaging, accessories) so that they can be resold as new, together with the purchase invoice.
A returned product that is damaged, soiled or incomplete because of the buyer gives rise to a deduction from the refund equal to its loss in value.
To exercise the right of withdrawal, the buyer informs the seller of their decision before the period expires:
- online, from their customer account: withdraw from the contract here; an acknowledgement is then sent to them by email;
- or by post or by email to contact@santonsdidier.com, using the withdrawal form in the appendix on this page.
Any other declaration of withdrawal is accepted, provided it is unambiguous and expresses the wish to withdraw.
If the right of withdrawal is exercised within the above period, the price of the product(s) purchased and the delivery costs are refunded.
Return costs are borne by the buyer.
The refund is made no later than 14 days from the date on which the seller is informed of the buyer’s decision to withdraw. It may be withheld until the returned products have been received or until the buyer has supplied proof of having sent them back, whichever is earlier. An exchange, if requested, is subject to availability.
9. Mediation and dispute resolution
These online terms and conditions of sale are governed by French law.
In accordance with article L. 612-1 of the French Consumer Code, and subject to article L. 612-2 of that code, the consumer may submit a request for amicable resolution by mediation within one year of their written complaint to the professional.
This business has appointed SAS Médiation Solution as its consumer mediation body, under membership number 50104/VM/2207.
To refer a matter to the mediator, the consumer must submit their request:
- either in writing to:
Sas Médiation Solution
222 chemin de la bergerie
01800 Saint Jean de Niost
France
Tel. +33 4 82 53 93 06 - or by email to: contact@sasmediationsolution-conso.fr
- or by filling in the online form “Saisir le médiateur” on the website https://www.sasmediationsolution-conso.fr
Whatever the means used, the request must contain:
- the requester’s postal address, telephone number and email address,
- the name, address and Sas Médiation Solution registration number of the professional concerned,
- a brief statement of the facts, in which the consumer specifies what they expect from the mediation and why,
- a copy of the prior complaint,
- any documents supporting the request (order form, invoice, proof of payment, etc.)
10. Liability
In the online sales process, the seller is bound only by an obligation of means; it cannot be held liable for damage resulting from the use of the Internet, such as data loss, intrusion, viruses, service interruption or other unintentional problems.
11. Intellectual property
All the elements of the Santons Didier website are and remain the exclusive intellectual property of Les Santons Didier.
No one is authorised to reproduce, use, redistribute or exploit in any way, even partially, any element of the website, whether software, visual or sound.
12. Archiving – Proof
Les Santons Didier archive order forms and invoices on a reliable and durable medium constituting a faithful copy, in accordance with article 1379 of the French Civil Code.
The computerised records of Les Santons Didier will be considered by the parties as proof of the communications, orders, payments and transactions between the parties.
Appendix
Withdrawal form
(to be completed and returned, by post or by email, only if you wish to withdraw, no later than 14 days after receiving the goods)
Withdrawal form To: Santons Didier 41 rue Léon Bourgeois 13001 Marseille France Phone: +33 4 91 64 72 92 Email: contact@santonsdidier.com I hereby give notice that I withdraw from order no. _______________ for _____________________, ordered on: ___________, received on: ___________ Consumer’s first and last name: _____________________________ Consumer’s address: ____________________________ Date: ___________ Consumer’s signature (only if this form is sent on paper)