Terms of Sales

Publication date : 31/08/2022

Preamble :

These general conditions of sale apply to all sales made on the site Internet Terre Sauvage Décoration .

The website www.terresauvagedecoration.fr is a service of :

WILD LAND DECORATION
Located at : LE CAPEYROU, 24220 BEYNAC ET CAZENAC, FRANCE
E-mail : contact@terresauvagedecoration.fr
Telephone : +33 6 10 68 66 42
Opening hours: Monday to Friday 9 a.m. to 6 p.m.

The Terre Sauvage Décoration website sells the following products: Objects of art and decoration. The customer declares to have read and accepted the general conditions of sale prior to placing an order. The validation of the order is worth therefore acceptance of the general conditions of sale.

Article 1 - Principles :

These general conditions express all the obligations of the parties. In this meaning, the buyer is deemed to accept them without reservation. These apply to the exclusion of all others conditions and in particular those applicable for sales in stores or through other channels of distribution and marketing. They are available on the Terre Sauvage Décoration website and shall prevail, where applicable, over any other version or any other contradictory document.

The seller and the buyer agree that these general conditions govern exclusively their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online. If a condition of sale were to fail, it would be considered to be governed by the practices in force in the distance selling sector, the companies of which have headquarters in France.

These general conditions of sale are valid without time limit and may be changed at any time.

Article 2 - Content :

The purpose of these general conditions is to define the rights and obligations of parts in the context of the online sale of goods offered by the seller to the buyer, from the site internet Terre Sauvage Decoration.

These conditions only apply to purchases made on the Terre Sauvage site. Decoration and delivered in Metropolitan France, Corsica, DOM-TOM, Europe and the rest of the world.

These purchases concern the following products: Works of art and decoration.

Article 3 - Pre-contractual information :

The buyer acknowledges having had communication, prior to placing his order and conclusion of the contract, in a readable and understandable manner, of these general conditions of sale and all the information listed in Article L. 221-5 of the Consumer Code.

The following information is sent to the buyer in a clear and understandable manner :

the essential characteristics of the property
the price of the good and / or the method of calculating the price
and, if applicable, any additional costs of transport, delivery or postage and any other charges payable
in the absence of immediate execution of the contract, the date or the period by which the seller undertakes to deliver the good, whatever its price
information relating to the identity of the seller, his postal address, telephone and electronic services and its activities, those relating to legal guarantees, functionalities of digital content and, where applicable, its interoperability, existence and terms of implementation of guarantees and other contractual conditions.

Article 4 - The order :

The buyer has the possibility to place his order online, from the online catalog and at using the form therein, for any product, within the limits of available stocks. The buyer will be informed of any unavailability of the product or good ordered. For the order to be validated, the buyer must accept, by clicking where indicated, these general conditions. He will also have to choose the address and the delivery method and finally validate the payment method.

The sale will be considered final :

if the amount of the order is at least €200 excluding VAT
after sending the buyer confirmation of acceptance of the order by the seller by e-mail
and after receipt by the seller of the full price.

Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees below. mentioned. In certain cases, in particular non-payment, incorrect address or other problem on the account of the buyer, the seller reserves the right to block the buyer's order until the resolution of the problem.

The buyer can follow the validation steps of his order and the delivery of his package from their Customer Space. For any question relating to the follow-up of his order, the buyer can contact with the seller by phone or e-mail according to the availability times mentioned above.

Article 5 - Electronic signature :

The online supply of the buyer's bank card number and the final validation of the order will be considered as proof of the buyer's agreement :

payment of amounts due under the order form,
signature and express acceptance of all operations carried out.

In the event of fraudulent use of the bank card, the buyer is invited, as soon as the this use, to contact the seller by phone or e-mail.

Article 6 - Order confirmation :

The seller provides the buyer with an order confirmation by e-mail summarizing the whole items ordered and mentioning the estimated delivery date.

Article 7 - Proof of the transaction :

The computerized registers, kept in the computer systems of the seller in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable support that can be produced as evidence.

Article 8 - Product information :

The products governed by these general conditions are those which appear on the site seller's internet and which are shown as sold and shipped by the seller. They are offered in the limit of available stocks.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller's liability cannot be engaged.

The photographs of the products are not contractual.

Article 9 - Price :

The seller reserves the right to modify its prices at any time but undertakes to apply the current prices indicated at the time of the order, subject to availability on that date.

Prices are in euros. They do not take into account the delivery costs, invoiced in supplement and indicated before validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of online store products.

If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be reflected in the selling price of the products.

Article 10 - Method of payment :

This is an order with obligation of payment, which means that the placing of the order implies payment by the buyer.

To pay for his order, the buyer can choose from all the payment methods available. available to it by the seller and listed on the seller's website. The buyer guarantees the seller that he has any authorizations required to use the payment method chosen by him, when validation of the order form. The seller reserves the right to suspend any order management and any delivery in case of refusal of authorization of payment by bank card on the part of official organizations accredited or in case of non-payment. In particular, the seller reserves the right to refuse to carry out a delivery or to fulfill an order from a buyer who has not fully or partially paid a previous order or with which a payment dispute is being administered.

Payment of the price is made in full on the day of the order, according to the following methods : by payment card, Paypal account or transfer.

Article 11 - Product availability - Refund - Resolution :

Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, shipping times will be, while stocks last available, those shown below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

For deliveries in mainland France and Corsica, the deadline is 2 working days from the following day the day on which the buyer placed his order, with the following carriers : Colissimo, Bernis or DPD. At the latest, the deadline will be 30 working days after the conclusion of the contract.

For deliveries in the French overseas departments and territories, Europe and the rest of the world, the terms of delivery will be specified to the buyer on a case-by-case basis.

The seller cannot be held responsible for delivery delays linked to the carrier. In case of failure to comply with the agreed delivery date or deadline, the buyer must, before breaking the contract, order the seller to perform it within a reasonable additional time. Failure to perform at the expiration of this new period, the buyer can freely terminate the contract. The buyer must complete these formalities successive by registered letter with acknowledgment of receipt or in writing on another durable medium. the contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has done so in the meantime. However, the buyer may resolve immediately the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract. In this case, when the contract is terminated, the seller is obliged to reimburse the buyer for the full amount sums paid, at the latest within 14 days of the date on which the contract was terminated.

In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility of canceling his order. The buyer will then have the choice of requesting either the reimbursement of the sums paid within 14 days of their payment, i.e. the exchange of the product.

Article 12 - Terms of delivery :

Delivery means the transfer to the consumer of physical possession or control of the good. The products ordered are delivered according to the terms and time specified above. The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the expense of the buyer. The purchaser can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the delivery person will leave a calling card in the letter box, which will allow the parcel to be collected from the location and during the period indicated.

If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must absolutely refuse the package and note a reservation on the delivery slip accompanied by its signature (package refused because open or damaged, missing product, broken product ...). Buyer is advised to take a photo of the package damaged. This verification is considered to have been carried out when the buyer or an authorized person by him, signed the delivery note.

The buyer must then confirm by registered mail these reservations to the carrier at most late within two working days of receipt of the item (s) and make a claim on its Client area.

If the products need to be returned to the seller, they must be subject to a return request from the seller within 14 days of delivery from the Customer Area of the website. Any complaint made after this deadline cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, notice ...).

Article 13 - Delivery errors :

The buyer must formulate with the seller the same day of delivery or at the latest on first working day following delivery, any claim of delivery error and / or non-compliance of products in kind or in quality compared to the indications appearing on the order form. Any complaints formulated beyond this period will be rejected. The claim may be made, at the choice of the buyer by phone or e-mail. Any complaint not made in accordance with the rules defined above and within the time limits assigned cannot be taken into account and will release the seller from any liability vis-à-vis the buyer.

Upon receipt of the complaint, the seller will assign an exchange number of the product (s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the allocation of the exchange number. In the event of a delivery or exchange error, any product to be exchanged or refund must be returned to the seller as a whole and in its original packaging, in a tracked package, to the postal address mentioned at the top of the page.

Return costs are the responsibility of the seller.

Article 14 - Product warranty :

Legal guarantee of conformity and legal guarantee against hidden defects: Terre Sauvage Décoration is guarantor of the conformity of the goods with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the warranty against defects in the item sold within the meaning of Articles 1641 et seq. of the Civil Code. In the event of implementation of the legal guarantee of conformity, it is recalled that :

the buyer has a period of 2 years from the delivery of the goods to act
the buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code
the buyer does not have to provide proof of the non-conformity of the good during the 24 months in case of new goods, following delivery of the good.

In addition, it is recalled that :

the legal guarantee of conformity applies independently of the commercial guarantee shown below
the buyer can decide to implement the warranty against hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, he can choose between the resolution of the sale or a reduction in the price in accordance with Article 1644 of the Civil Code.

Article 15 - Right of withdrawal :

Application of the right of withdrawal :

In accordance with the provisions of the Consumer Code, the buyer has a deadline 14 days maximum from the date of delivery of the order, to return any item does not suit him and request the exchange or refund without penalty, with the exception of costs of returns which remain the responsibility of the buyer.

Returns must be made in their original condition and complete (packaging, accessories, notice ...) allowing their remarketing in new condition, accompanied by the purchase invoice. Products damaged, soiled or incomplete are not taken back.

The right of withdrawal must be exercised online, from the Customer Area. In this case, a acknowledgment of receipt by e-mail will be immediately communicated to the buyer. In the event of exercise of the right to withdrawal within the aforementioned period, the price of the product (s) purchased and the costs of delivery are refunded. The exchange (subject to availability) or refund will be made within a 48 hours and at the latest, within 14 days of receipt by the seller of the products returned by the buyer under the conditions provided above.

Exceptions :

According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts :

supply of goods the price of which depends on fluctuations in the financial market beyond to the control of the professional and likely to occur during the withdrawal period
supply of goods made to the consumer's specifications or clearly personalized
supply of goods liable to deteriorate or expire rapidly
for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection
supply of goods which, after having been delivered and by their nature, are mixed with inseparable with other articles
supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the professional control
maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of strictly necessary spare parts and work to respond to the emergency
supply of audio or video recordings or computer software when they are been unsealed by the consumer after delivery
supply of a newspaper, periodical or magazine, except for contracts subscription to these publications
for the supply of digital content not supplied on a tangible medium, the performance of which has started after the express prior consent of the consumer and express waiver of his right of withdrawal.

Article 16 - Force majeure :

Any circumstances beyond the control of the parties preventing the execution in normal conditions of their obligations are considered as grounds for exemption from the obligations of parties and result in their suspension. The party invoking the circumstances referred to above must notify immediately the other part of their occurrence, as well as their disappearance.

All irresistible facts or circumstances will be considered as force majeure, external to the parties, unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by these, despite all reasonable efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by case law French courts and tribunals: blocking of means of transport or supplies, tremors earth, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunication networks external to customers.

The parties will come together to discuss the impact of the event and agree on terms in which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.

Article 17 - Intellectual property :

All the elements of creation present on the site www.terresauvagedecoration.fr (logo, texts, images, design and animations) are the exclusive property of Terre Sauvage Décoration. In accordance with the provisions of Article L. 122-4 of the Intellectual Property Code, any use, reproduction, nesting, modification and distribution of the aforementioned elements without the agreement of Terre Sauvage Decoration is prohibited.

Elements on the site (in particular logos) from external sources have been reproduced with the implicit or explicit consent of their respective authors and may be withdrawn at any time moment if they request it. Other elements come from paid or free sources available on the Internet.

Article 18 - Data processing and Freedoms - Security - Use of cookies :

The personal data provided by the buyer are necessary for the processing of his order and when preparing invoices. They can be communicated to the seller's partners responsible for the execution, processing, management, payment and delivery of orders.

The processing of information communicated through the Terre Sauvage website Decoration complies with the GDPR guidelines. The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him. This right can be exercised from the Customer Area.

All information recorded via the forms is encrypted and is stored on a secure server. An SSL certificate is installed on the server and guarantees data encryption. The payment information such as credit card numbers are not stored on the Earth server Wild Decoration. These are processed by the seller's online payment provider and stored if the buyer expressly requests it. The payment provider chosen by the seller is PCI-DSS approved and guarantees the security of data processing during online payment.

The information collected by cookies (tracers) during the buyer's visit is used for audience monitoring (visitor analysis and statistics) and for optimized operation of the site (automatic connection, storage and recall of buyer's information). They are also used by Google and social networks (via the available sharing buttons) in order to analyze the buyer's visit preferences on the internet and subsequently offer him advertising content adapted on their partner sites and networks.

The buyer must accept or oppose the use of cookies during his visit. His choice will be respected and no cookie will be placed without his consent. He can change his choice at any time from the "Cookie management" page accessible at the bottom of the website page. The buyer is also free to disable cookies by default from your browser preferences.

Article 19 - Partial non-validation :

If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and scope.

Article 20 - Non-waiver :

The fact that one of the parties does not invoke a breach by the other party of one any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.

Article 21 - Title :

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles will be declared non-existent.

Article 22 - Language of the contract :

These general conditions of sale are written in French. In the case where they would be translated into one or more foreign languages, only the French text would be authentic in the event of litigation.

Article 23 - Mediation :

The buyer can resort to conventional mediation, in particular with the Commission de la consumer mediation or with existing sectoral mediation bodies, or in any mode alternative dispute resolution (conciliation, for example) in the event of a dispute.

Article 24 - Applicable law :

These general conditions are subject to the application of French law. The tribunal competent is the district court for disputes the amount of which is less than or equal to € 10,000 or the tribunal de grande instance for disputes for an amount greater than € 10,000. This is the case for substantive rules as for the rules of form. In the event of a dispute or complaint, the buyer will contact priority to the seller to obtain an amicable solution.

Annex: Consumer Code

Article L. 217-4: "The seller delivers goods in conformity with the contract and is responsible for lack of conformity existing at the time of issue. It also responds to any lack of conformity resulting from packaging, assembly instructions or installation when it has been charged to him by the contract or has been carried out under its responsibility. "

Article L. 217-5: "The good is in conformity with the contract :

1 / If it is suitable for the use usually expected of a similar good and, if applicable :

if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer as a sample or model
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in the advertising or labeling

2 / Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. "

Article L. 217-6: "The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was legitimately not in able to know them ”.

Article L. 217-7: "Lacks of conformity which appear within a period of twenty-four months from the delivery of the good are presumed to exist at the time of delivery, except evidence to the contrary. For second-hand goods sold, this period is set at six months. The seller can fight this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. "

Article L. 217-8: "The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest the conformity by invoking a defect that he knew or could not ignore when it has contracted. The same applies when the defect has its origin in the materials it has itself provided. "

Article L. 217-9: "In case of lack of conformity, the buyer chooses between repair and replacement of the property. However, the seller may not proceed depending on the choice of the buyer if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless it is impossible, according to the modality not chosen by the buyer. "

Article L. 217-10: "If the repair and replacement of the good are impossible, the buyer can return the good and have the price returned or keep the good and have it returned part of the price. The same faculty is open to him :

If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint
Or if this solution cannot be without major inconvenience for the latter given the nature of the good and the use it seeks. The rescission of the sale cannot however be pronounced if the lack of conformity is minor. "

Article L. 217-11: The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the allocation of damages and interests.

Article L. 217-12: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the good. "

Article L. 217-13: "The provisions of this section do not deprive the purchaser of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognized to him by the law. "

Article L. 217-14: "The recourse action can be exercised by the final vendor against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code. "

Article L. 217-15: "The commercial guarantee means any commitment contractual agreement of a professional towards the consumer with a view to reimbursement of the purchase price, replacement or repair of the good or the provision of any other service related to the good, in addition to its legal obligations to ensure the conformity of the property. The commercial guarantee is subject a written contract, a copy of which is given to the buyer. The contract specifies the content of the guarantee, the modalities of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor. In addition, it clearly and precisely mentions that, independently of the commercial guarantee, the the seller remains bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 and that relating to defects in the item sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the code civil. The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and first paragraph of article 1648 of the civil code are fully reproduced in the contract. In case of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to use it. "

Article L. 217-16: "When the buyer asks the seller, during the course the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the warranty, any downtime of at least seven days comes be added to the duration of the guarantee which remained to run. This period runs from the request intervention of the buyer or the provision for repair of the good in question, if this provision disposition is subsequent to the request for intervention. "

Annex: Civil Code

Article 1641: "The seller is bound by the guarantee for hidden defects of the thing sold which make it unfit for the use for which it is intended or which so diminish this use, that the buyer would not have acquired it or would have given a lower price for it, if he had known them. "

Article 1648: "The action resulting from latent defects must be brought by the purchaser, within two years of the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the The seller can be relieved of any apparent defects or lack of conformity. "