General terms and conditions

Between the association ‘French Polymer Clay Society’, registered office: 80 chemin du moulin à vent, 34560 Poussan, represented by Mrs Allison COHADE, in her capacity as president, duly authorised through the website patepolymere.com.
The association can be reached by email by clicking on the contact button at the bottom of this page.
Hereinafter referred to as ‘the Association’, on the one hand. And the individual or legal entity purchasing products or services from the association, hereinafter referred to as ‘the Buyer’ or ‘the Customer’.

The following has been set out and agreed:

Preamble

The Association publishes products and services exclusively for consumers, marketed via its website (https://www.patepolymere.com), its Facebook page (https://www.facebook.com/societefrancophoneargilepolymere) and its Instagram account (https://www.instagram.com/patepolymere.com).
The list and description of the products and services offered by the Association can be consulted on the above-mentioned websites.

Purpose and general provisions

These General Terms and Conditions (GTC) set out the rights and obligations of the parties in relation to the online sale of products and services offered by the Association.
These General Terms and Conditions apply to all sales of products and services made through the Association’s sales outlets (website, facebook page, instagram account, kiosks, markets, trade fairs, partners, etc.), which form an integral part of the Contract between the Buyer and the Association. The Association reserves the right to amend these General Terms and Conditions at any time by publishing a new version on its website. The GTC applicable at that time shall be those in force on the date of payment (or of the first payment in the case of multiple payments) of the order.
These GCS can be consulted on the Company’s website at the following address:
https://patepolymere.com/gtc/
The Association also ensures that their acceptance is clear and unreserved by providing a tick box and a validation click. The Customer declares that he/she has read all of these General Terms and Conditions and accepts them without restriction or reservation.
The Customer acknowledges that he/she has received the necessary advice and information to ensure that the offer meets his/her needs. The Customer declares that he/she is legally capable of contracting on behalf of the individual or legal entity for which he/she is contracting.
In the absence of proof to the contrary, the information recorded by the Association constitutes proof of all transactions.

Prices

The prices of the products sold are indicated in Euros excluding tax (HT), excluding delivery costs and are precisely determined on the product description pages of the website. VAT is not applicable.
Shipping costs depend on the weight of the package and the country of destination.
Chronopost, Colissimo, Mondial Relay, DHL, TNT and UPS are the carriers chosen by the Association to deliver the packages to the Customer.
Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and charges are not the responsibility of the Association. They shall be borne by the Buyer and are the Buyer’s responsibility (declarations, payment to the relevant authorities, etc.). In this respect, the Association invites the Buyer to obtain information on these aspects from the relevant local authorities.
The Association reserves the right to change its prices at any time.
Any telecommunications costs incurred in accessing the Association’s website shall be borne by the Customer.

Concluding an online contract

The Customer must follow a series of steps specific to each product offered by the Association in order to place an order. However, the steps described below are systematic:
➢ Information on the essential characteristics of the Product or Service.
➢ Choice of Product or Service, if applicable its options and indication of the Customer’s essential data (identification, address, etc.).
➢ Acceptance of these General Terms and Conditions.
➢ Checking order details and correcting any errors.
➢ Follow-up of payment instructions and payment for the Product and/or Service.
➢ Delivery of the Product or access to the Service on the dedicated space on the website.
The Customer will then receive confirmation by e-mail of payment for the order, as well as an acknowledgement of receipt of the order confirming it.
For delivered products, delivery will be made to the address indicated by the Customer. In order for the order to be processed correctly, the Customer undertakes to provide truthful identification details.
The Association reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

Products and services

The essential characteristics of the products and services and their respective prices are made available to the Buyer on the Association’s website. The Association undertakes to honour the Customer’s order.
The parties agree that the illustrations or photos of the products offered for sale have no contractual value.
In accordance with the legal provisions concerning conformity and hidden defects, the Association will repair or exchange defective products. No reimbursement will be made beyond the legal 14-day retraction period following the purchase of a physical product (excluding magazines, which do not benefit from the right of retraction).

Retention of title clause

Products remain the property of the Association until full payment has been received.
Services remain the property of the Association indefinitely.
No rights are granted in respect of the products and services, i.e. they may only be used for strictly personal purposes. The Customer is prohibited from duplicating or sharing the content purchased with a third party, whether free of charge or in return for payment.

Delivery terms

Products are delivered to the delivery address indicated when the order was placed.
The delivery time varies between 2 and 20 days and does not take into account the time required to prepare the order.

The Association points out that when the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to the Customer. It is the Customer’s responsibility to notify the carrier of any reservations regarding the product delivered.

Payment

Payment is due immediately upon ordering, including for pre-ordered products. The Customer may pay by credit card or bank transfer for purchases on the site.
Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). For Belgium, Bancontact payment is authorised. Secure online payment by bank card is made by the payment service provider Stripe. The information transmitted is encrypted in accordance with the state of the art and cannot be read during transport over the network. Once payment has been initiated by the Customer, the transaction is immediately debited once the information has been verified. The commitment to pay, given by card, is irrevocable. By providing his/her bank details at the time of sale, the Customer authorises the Association to debit his/her card for the amount relating to the price indicated. The Customer confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the sale will be immediately cancelled and the order cancelled.

Withdrawal period

For purchases of goods over the internet, in accordance with article L. 221-18 of the French Consumer Code, ‘the consumer has a period of fourteen days in which to exercise his right of withdrawal without having to justify his decision or pay any penalties, with the exception, where applicable, of the cost of returning the products’. ‘The aforementioned period runs from receipt of the products’.
According to article 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts ‘For the supply of digital content without a physical medium’, and ‘For the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications’.
In a shop or at a trade fair, the customer does not have this 14-day cooling-off period, since the sale is a direct sale and not a distance sale.
The right of withdrawal can be exercised by downloading the withdrawal form here, then filling it in and enclosing it with the order returned to the Association’s head office.
If the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased will be reimbursed, with the cost of the delivery ‘to’ and ‘ from’ remaining at the customer’s expense. Products must be returned in their original condition and complete (packaging, accessories, etc.) so that they can be remarketed in new condition. If possible, they should be accompanied by a copy of the proof of purchase (invoice). In accordance with the legal provisions, you will find above, and at the bottom of all the pages of the site, the standard retraction form to be sent to us in the return parcel to the following address: SOCIETE FRANCOPHONE D’ARGILE POLYMERE – Mme COHADE Allison, Résidence ‘Villa Caprèse’ – B32, 80 chemin du moulin à vent, 34560 Poussan, FRANCE.
Refund procedure: On receipt of the item(s) and after checking that they are in their original condition and complete, you will be reimbursed within 3 to 4 days by bank transfer to your account.

Complaints

The Buyer may make any complaint by contacting the Association using the following details:

SOCIÉTÉ FRANCOPHONE D’ARGILE POLYMÈRE – Mme COHADE Allison, Résidence ‘Villa Caprèse’ – B32, 80 chemin du moulin à vent, 34560 Poussan, FRANCE, by registered letter with acknowledgement of receipt.

Intellectual property rights

Trademarks, domain names, products and their content (tutorials, interviews, reports, etc.), logos, softwares, images, videos, texts and, more generally, any information subject to intellectual property rights are and shall remain the exclusive property of the Association. No intellectual property rights are transferred under these GTC.
Any total or partial reproduction, modification or use for any reason whatsoever is strictly prohibited.

Force majeure

Realization of the Association’s obligations hereunder shall be suspended in the event of a fortuitous event or force majeure that prevents execution thereof. The Association shall notify the Customer of the occurrence of such an event as soon as possible.

Nullity and amendment of the contract

Should any of the stipulations of this contract be null and void, this shall not invalidate the other stipulations, which shall remain in force between the parties. Any amendment shall only be valid if agreed in writing and signed by the parties.

Personal data protection

In accordance with the GDPR, which came into effect on 25 May 2018, you have the right to question, access, modify, oppose and rectify your personal data. By adhering to these general terms and conditions, you consent to us collecting and using this data for the performance of this contract.
The privacy policy of the Association FRENCH POLYMER CLAY SOCIETY is detailed on this page: Privacy policy.

Applicable law

All clauses contained in these general terms and conditions, as well as all purchase and sale transactions referred to herein, shall be governed by French and international law. All disputes shall be governed by French law. Any disputes that cannot be settled amicably, particularly with regard to payment, will be referred to the French Court of Montpellier, whatever the conditions of sale and the method of payment accepted, even in the event of a third party claim or multiple defendants.

Our general terms and conditions have been drawn up on the basis of a free template that can be downloaded from the https://www.donneespersonnelles.fr/ website.