TERMS AND CONDITIONS OF SALE

ARTICLE 1 – Scope and identification of the Seller

These Terms and Conditions of Sale (the “Terms”) apply to sales concluded by LE COMPTOIR DE MALOW with consumer purchasers (the “Customer”) wishing to purchase products (the “Products”) offered for sale on the website www.lecomptoirdemalow.com.

The main characteristics of the Products, including their specifications, illustrations and dimensions, are presented on the website. Customers must review this information before placing an order. The choice and purchase of a Product are the Customer’s responsibility, without prejudice to applicable statutory rights and warranties.

Offers are valid subject to stock availability or the stated manufacturing capacity. These Terms are available on the website at all times and take precedence over any other document, subject to applicable mandatory law.

By ticking the relevant box before placing an online order, the Customer confirms that they have read and accepted these Terms. Unless proven otherwise, data recorded in the Seller’s computer system constitutes evidence of transactions concluded with the Customer.

Seller identification

Company name: LE COMPTOIR DE MALOW
Legal form: Société à responsabilité limitée (SARL) — French limited liability company
Registered office: Local 9, 1301 rue de l’Arieste, 40460 Sanguinet, France
SIREN: 109 633 149
SIRET: 109 633 149 00017

Email: lecomptoirdemalow@gmail.com
Telephone: +33 6 83 58 19 51

Products are offered for sale in the destinations available at checkout, including mainland France, Europe, the United Kingdom and the United States. For any other destination, the Customer may contact the Seller before placing an order.

For orders shipped outside the European Union, customs duties, local taxes or import duties may be payable. Unless stated otherwise, these charges are payable by the Customer, who is responsible for the applicable import formalities. VAT treatment depends on the tax rules applicable to each destination.

ARTICLE 2 – Prices

Products are supplied at the prices displayed on www.lecomptoirdemalow.com when the Seller records the order. Prices are expressed in the currency displayed on the website and include VAT where VAT is applicable. Any discounts are shown before the order is confirmed.

Prices displayed include preparation, shipping and delivery costs for orders delivered to mainland France. For deliveries to other destinations, shipping costs are calculated according to the destination country and displayed before the order is confirmed.

The total amount payable by the Customer is shown before final confirmation of the order. The applicable prices are those in force when the order is placed. The Seller may change prices for future orders.

An invoice is issued by the Seller and made available to the Customer.

Some orders may be subject to a quotation that must be accepted in advance. Unless otherwise stated in the quotation, quotations issued by the Seller remain valid for one year from the date of issue.

ARTICLE 3 – Orders

The Customer selects the Products they wish to order on www.lecomptoirdemalow.com and adds them to their basket. The Customer may change or remove Products before final confirmation of the order.

The Customer then enters the information required for delivery and invoicing. Before confirming the order, the Customer may review the order summary, total price and delivery charges. The order becomes final after the information is confirmed, these Terms are accepted and payment is made in full. An order confirmation email is sent to the Customer.

Offers remain valid while displayed on the website, subject to stock availability or manufacturing capacity. The Customer must check that the order is accurate and report any error as soon as possible.

Orders constitute distance contracts between the Customer and the Seller. The Seller may refuse or cancel an order for a legitimate reason, including a payment dispute relating to a previous order or the unavailability of a Product. In the event of unavailability, any amounts already paid will be refunded.

The Customer may contact the Seller before ordering to request a customised Product. The customised specifications must be agreed before production begins. A request to change the specifications after production has started may be refused or may be subject to an additional quotation accepted by the Customer.

As an indication, Products are generally delivered within an average of 10 days. Customised Products may take up to 3 weeks. The applicable delivery period is specified in accordance with Article 5.

Any request to cancel an order before dispatch must be sent promptly to the Seller by email. It will be considered in light of the stage reached in processing the order, without prejudice to the statutory right of withdrawal where applicable. Special rules for customised Products are set out in Article 7.

ARTICLE 4 – Payment terms

The price is payable in full at the time the order is placed, using the payment methods offered on the website:

• payment by bank card; or
• payment by bank transfer, where this option is offered. The necessary bank details will then be provided to the Customer.

Card payments are processed through the secure payment service provider used by the website. Payment data is processed in accordance with the security measures implemented by that provider.

Payment is considered final once the amounts due have actually been received. Unless otherwise agreed, the Seller is not required to dispatch Products before full payment has been received.

ARTICLE 5 – Delivery

Products are delivered to mainland France and to the destinations offered at checkout, including Europe, the United Kingdom and the United States. Standard delivery is free for orders delivered to mainland France. For other destinations, shipping charges are calculated and displayed before the order is confirmed.

Indicative delivery times are approximately 10 days for non-customised Products and up to 3 weeks for customised Products. The applicable delivery date or period is provided to the Customer before the order is confirmed.

Delivery occurs when the Customer takes physical possession of the Product. Unless special circumstances apply or several Products are unavailable, Products ordered are delivered in a single shipment.

The Seller undertakes to deliver the Products on the date or within the period stated. If delivery is delayed, the Customer may ask the Seller to deliver within an additional reasonable period. If delivery does not take place within that additional period, the Customer may terminate the contract in accordance with Articles L216-1 et seq. of the French Consumer Code. The Customer may terminate the contract immediately in cases provided for by law, including where the delivery date was an essential condition of the contract. If the contract is terminated, amounts paid will be refunded within the statutory 14-day period.

Deliveries are made by an independent carrier to the address provided by the Customer. Where the Customer independently chooses a carrier that was not offered by the Seller, the risk transfers to the Customer when the Product is handed over to that carrier. In other cases, the risk of loss or damage transfers when the Customer, or a third party designated by the Customer other than the carrier, takes physical possession of the Product.

Any special request concerning packaging or transport accepted by the Seller in writing may incur additional charges, which will be communicated to the Customer before acceptance.

The Customer is advised to check the parcel and Products upon delivery and promptly report any issue to the Seller at lecomptoirdemalow@gmail.com, attaching photographs where possible. Failure to make a reservation upon delivery or to complain immediately does not deprive the Customer of statutory warranty rights.

The Seller handles claims relating to non-conforming or defective Products in accordance with Article 8.

Transfer of risk takes place in accordance with the rules set out above and applicable law.

ARTICLE 6 – Transfer of ownership

Ownership of the Products transfers from the Seller to the Customer only after full payment of the price, regardless of the delivery date of the Products.

ARTICLE 7 – Right of withdrawal

Under Article L221-18 of the French Consumer Code, a consumer Customer has 14 days to exercise the right of withdrawal without giving a reason. This period begins on the day the Customer, or a third party designated by the Customer other than the carrier, takes physical possession of the Product. For an order consisting of several Products delivered separately, the period begins when the last Product is received.

The right of withdrawal may be exercised using the form provided in the appendix or by any other unambiguous statement expressing the Customer’s decision to withdraw. The request must be sent to the Seller using the contact details in Article 1 before the 14-day period expires.

The Customer has a further 14 days from notifying the Seller of the decision to withdraw to return the Product. Direct return costs are borne by the Customer, unless otherwise stated or required by law. The Customer may handle the Product only to the extent necessary to establish its nature, characteristics and functioning. The Customer may be liable for any loss in value resulting from handling beyond what is necessary.

The Seller will reimburse amounts received for the Products concerned and, where applicable, the initial standard delivery costs. Additional costs resulting from the Customer’s choice of a more expensive delivery method than the standard method offered will not be reimbursed. Reimbursement will be made no later than 14 days after the Seller is informed of the decision to withdraw. The Seller may withhold reimbursement until the Products have been received or the Customer has supplied evidence of dispatch, whichever occurs first. Reimbursement will be made using the same payment method as the original transaction, unless the Customer expressly agrees to another method at no additional cost.

Under Article L221-28 of the French Consumer Code, the right of withdrawal does not apply to goods made to the consumer’s specifications or clearly personalised. The mere fact that a Product is manufactured after an order is placed is not, by itself, sufficient to exclude this right. This exception does not limit statutory warranty rights.

ARTICLE 8 – Seller’s liability and statutory warranties

Products benefit from applicable statutory warranties, including the statutory warranty of conformity under Articles L217-3 et seq. of the French Consumer Code and the warranty against hidden defects under Articles 1641 et seq. of the French Civil Code.

Statutory warranty of conformity

The Seller must supply Products that conform to the contract and is liable for lack of conformity under applicable law. The Customer has two years from delivery of the Product to invoke the statutory warranty of conformity.

Under the conditions set out in the French Consumer Code, the Customer may request repair or replacement of the Product. Bringing the Product into conformity is free of charge for the Customer, must take place within a reasonable period not exceeding 30 days after the request, and must not cause major inconvenience to the Customer. Where the statutory conditions are met, the Customer may obtain a price reduction or terminate the contract.

Warranty against hidden defects

Under Articles 1641 et seq. of the French Civil Code, the Customer benefits from a warranty against hidden defects that make the Product unfit for its intended use or so impair that use that the Customer would not have purchased it, or would have paid a lower price, had the defect been known. Legal action must be brought within two years of discovery of the defect, in accordance with Article 1648 of the French Civil Code.

Making a warranty claim

To make a claim, the Customer must contact the Seller by email at lecomptoirdemalow@gmail.com or by post at the address stated in Article 1, describing the issue and attaching photographs where possible. The Seller will examine the request and provide the remedies required by law. Costs necessary to implement the statutory warranty of conformity are borne by the Seller.

Natural variations in the grain, shade or texture of wood, where consistent with the characteristics stated for the Product, do not necessarily constitute a lack of conformity. This does not limit the Customer’s rights where the Product differs from its description or the agreed specifications.

The Seller’s liability may not be excluded where prohibited by law. Damage resulting from misuse, lack of maintenance, unauthorised modification or an accident is not covered where it does not arise from a defect for which the Seller is legally liable. Photographs are intended to illustrate Products and do not release the Seller from the obligation to supply Products that conform to their description.

ARTICLE 9 – Personal data

The Seller processes personal data necessary to manage orders, payments, delivery, after-sales service and compliance with legal obligations. Processing is carried out in accordance with the General Data Protection Regulation (GDPR) and applicable legislation.

9.1 Data collected

Data that may be collected includes the Customer’s name, postal address, telephone number, email address, order information and information required to process payments. Bank card data may be processed directly by the payment service provider used on the website.

9.2 Recipients of personal data

Data may be disclosed to authorised personnel of the Seller and to service providers necessary to fulfil the order, including payment, transport, hosting and website maintenance providers, to the extent required for their services.

9.3 Data controller

The data controller is LE COMPTOIR DE MALOW, SARL, whose contact details are provided in Article 1. Requests relating to personal data may be sent to lecomptoirdemalow@gmail.com.

9.4 Purposes and marketing communications

Data is used to fulfil orders, arrange delivery, manage complaints and warranties, comply with legal obligations and, where permitted by law, send marketing communications. Where consent is required, marketing communications are sent only after consent has been obtained. The Customer may withdraw consent or unsubscribe at any time.

9.5 Data retention

Data is retained for as long as necessary for the purposes for which it was collected and may then be archived where necessary to comply with legal, accounting or tax obligations. Applicable retention periods depend on the type of data and the purpose of processing.

9.6 Security and confidentiality

The Seller implements appropriate technical and organisational measures to protect personal data against loss, alteration, disclosure or unauthorised access.

9.7 Rights of Customers and users

Subject to the conditions provided by law, the Customer may request access to their data, its rectification or erasure, restriction of processing, object to certain processing and request data portability. Where processing is based on consent, consent may be withdrawn at any time.

These rights may be exercised by email at lecomptoirdemalow@gmail.com. The Seller will respond within the period prescribed by law, generally one month. The Customer may also lodge a complaint with the French Data Protection Authority (CNIL) at www.cnil.fr.

The website may use cookies and other trackers. Information and choices relating to cookies are provided in the website’s cookie policy or consent-management tool.

ARTICLE 10 – Intellectual property

All content on www.lecomptoirdemalow.com is owned by the Seller or its partners and is protected by French and international intellectual property laws, unless otherwise stated.

Any total or partial reproduction, representation, modification, publication or adaptation of this content is prohibited without the prior written permission of the relevant rights holder, except where permitted by law.

ARTICLE 11 – Governing law and language

These Terms and the transactions arising from them are governed by French law, subject to any mandatory provisions that apply to the consumer.

These Terms are written in French. If they are translated into one or more foreign languages, the French version shall be used as the reference version, without prejudice to mandatory consumer rights.

ARTICLE 12 – Complaints, mediation and disputes

For any complaint, the Customer is invited to contact customer service first using the email or postal address provided in Article 1.

Under Articles L612-1 et seq. of the French Consumer Code, a consumer Customer may use a consumer mediator free of charge to seek an amicable resolution of a dispute with the Seller, after first submitting a written complaint to the Seller and where no satisfactory solution has been reached.

If amicable resolution or mediation fails, the dispute may be brought before the competent courts in accordance with ordinary jurisdiction rules and the consumer protection provisions that apply.

APPENDIX I – Withdrawal form

This form should be completed and returned only if the Customer wishes to withdraw from an order placed on www.lecomptoirdemalow.com, where the right of withdrawal applies.

To:
LE COMPTOIR DE MALOW, SARL
Local 9, 1301 rue de l’Arieste
40460 Sanguinet, France
Email: lecomptoirdemalow@gmail.com

I hereby notify you of my withdrawal from the contract for the sale of the Product(s) listed below:

– Product(s): ……………………………………………………….
– Ordered on: ……………………………………………………….
– Received on: ……………………………………………………….
– Order number: ……………………………………………………….
– Customer name: ……………………………………………………….
– Customer address: ……………………………………………………….
– Customer email: ……………………………………………………….
– Date: ……………………………………………………….

Customer signature (only if this form is submitted on paper):
……………………………………………………….