Terms of Sales
1. DESIGNATION OF THE COMPANY
GALAN POWELL COUTELLERIE
1 RUE DE COTE GELEE
Registered in the trade directory under number : 817.944 .408 RM 05
SIRET : 817.944.408.00019
Contact: Thibault LAURENT / couteau-powell@gmail,com
GALAN POWELL COUTELLERIE manufactures and markets high-end pocket knives, the main variant of which is the use of precious European wood for its handles.
The purpose of these general conditions of sale is to govern the contractual relations and the sale of Products sold via the website https://www.couteau-powell.fr (hereinafter referred to as “the Website”) or sold directly on place in store between the GALAN POWELL COUTELLERIE whose contact details are mentioned above (hereinafter referred to as “GALAN POWELL COUTELLERIE”) “and any consumer, namely any natural person of full age (18 years old on the date of the order), with full capacity to conclude legal acts and acts for purposes which are not part of its commercial, industrial, craft, liberal or agricultural activity (hereinafter referred to as “the Client”).
In accordance with article R. 312-1 of the French Internal Security Code, the sale of edged weapons to minors is prohibited..
The Website is freely accessible to all internet users, except for certain pages accessible only after registration. These general conditions of sale are available on our Website. The Customer acknowledges having read, at the time of ordering on the Website, the general conditions of sale in force and expressly declares to accept them without reservation by checking the box indicating “I have read and I accept the general conditions of sale ”.
EConsequently, the placing of an order by the Customer on the GALAN POWELL COUTELLERIE Website constitutes unreserved acceptance of these general conditions of sale (hereinafter referred to as “CGV”). No particular condition can, except formal and written acceptance of GALAN POWELL COUTELLERIE, prevail against the CGV.
These T & Cs are not intended for direct sales.
4. REGISTRATION ON THE WEB SITE
In order to place an order on the Website, access his personal account and view the history of his orders, the Customer must first register on the Website and create a personal account (Hereinafter referred to as “My Account”) by filling out the form provided for this purpose on the Website.
The Customer must provide certain personal information intended for the establishment and execution of the contract and its follow-up (order, invoice, delivery, commercial guarantee) as well as for sending news concerning GALAN POWELL COUTELLERIE and its Products and / or new products or services (legitimate interest in optimizing the products and services of the company GALAN POWELL COUTELLERIE). In accordance with the regulations applicable to personal data, the Customer has rights over his personal data as set out in article 16 of these GTCS and within the Personal Data Policy.
Mandatory information is marked with an asterisk. These include in particular the title, surname, first name, the Customer’s email address, telephone contact details, the delivery address and a password. The other information is communicated voluntarily and spontaneously by the Customer.
The Customer undertakes to provide exact and complete information, and to update its information in the event that modifications should be made.
The provision of erroneous or inaccurate information having led to the impossibility for GALAN POWELL COUTELLERIE to fulfill its obligations, in particular, without the list being exhaustive, to deliver the orders, can not engage the latter’s responsibility for this fact.
When registering on the Website, the Customer must choose a username and password. The Customer must preserve the confidentiality of his password in order to avoid any use without authorization by a third party. In the event that the Client distributes or uses his username and password contrary to their destination, Atelier Perceval would be entitled to terminate the Client’s Account without this constituting reparable damage to the Client.
In any case, GALAN POWELL COUTELLERIE cannot be held responsible in the event of the theft of a Customer’s identity since it does not have the technical means to systematically verify the identity of the people.
In case of suspicion of fraudulent use of his identifiers, the Customer must immediately inform GALAN POWELL COUTELLERIE so that the latter can, if necessary, proceed to the deletion of the fraudulent Account and the creation of a new personal space.
In case of loss of password, the Customer can request a reset of his password via the “Connect” page by clicking on the link “Forgot your password?” ” A reset link is sent to the Customer on their valid email address. Communication of an invalid email address (or no update) will make it impossible to reset the password.
4.2. Deletion of the Personal Account
GALAN POWELL COUTELLERIE reserves the right to suspend or delete the Account of any Customer who has contravened these Terms and Conditions (in particular but not exclusively when the Customer has knowingly provided incorrect information when registering and setting up their personal space, or in the event of payment incidents during previous orders) after formal notice sent by electronic means and remained ineffective.
5. FORMATION OF THE SALES CONTRACT
The Customer chooses from among all the Products offered for sale on the Website the one or those which he wishes to buy by clicking on the “Add to cart” button. It is recalled that the Baskets have a validity period of 1 year. Beyond this and in order to allow better management of stocks, the basket will be emptied and the Internet user will be invited to re-enter its Products. The procedure for placing an order on the Website includes the following steps:
- Step 1 : selection and validation of the Product (s) in the basket : the Customer can at this stage modify their order and correct it;
- Step 2 : connection : if the customer is not connected to his account, he will be invited to do so by referencing the mandatory fields of the identification and information forms including the delivery address (or entering the connection identifiers )
- Step 3 : summary of the order : the Customer can at this stage modify his order and correct it.
The Products thus selected are kept in the basket on the Customer’s Account for 1 year.
- Step 4 : delivery : selection by the Customer of the delivery method and information of the delivery address or selection of the collection point, the Customer can at this stage modify his order and correct it;
- Step 5 : Verification of the order : the Customer can at this stage modify his order and correct it. The Customer is therefore required to check whether it corresponds to his expectations in terms of designation, price and quantity of Products.
- Step 6 : placing the order : To finalize and pay for his order, the Customer must check the box relating to the acceptance of these general conditions which states “I have read and I accept the general conditions of sale of the website”. Checking the box will be deemed to have the same value as a handwritten signature on the part of the Client. The Customer must click on the “PAY FOR MY ORDER” buttons. He can then choose his method of payment and validate it via the button “ORDER WITH OBLIGATION OF PAYMENT”. He will then be redirected to the payment interface to pay for his order.
After validation of payment, the order is confirmed by GALAN POWELL COUTELLERIE by sending an order confirmation email with the sending of the GTC and becomes firm and final.
- The prices of our Products are indicated in euros all taxes included (VAT and other taxes) excluding participation in delivery costs and customs fees, if applicable. These costs depend on the delivery method chosen and the country of delivery.
- All orders are payable in Euros.
- For countries outside the European Union, the price is indicated without taxes. To this must be added any customs duties and value added taxes applicable in the country where the products are imported. These taxes are payable directly to the carrier at the time of delivery. No returns will be accepted for non-payment of customs duties. GALAN POWELL COUTELLERIE reserves the right to modify its prices at any time before the validation of the order and without notice in particular according to monetary variations, a modification of the rate of VAT and a modification of the suppliers prices and in order to ” be in compliance with the applicable pricing legislation.
7. CANCELLATION OR MODIFICATION OF ORDER
Unless otherwise agreed between the parties and notwithstanding the right of withdrawal in the event of an online sale or an off-site sale (art.9), no cancellation or modification of an order is possible from the moment the order is firm and final.
The payment of your purchases must be made in cash at the time of the order on the Website or the purchase in store and can be made secure transaction by bank card (CB, VISA, MasterCard), or by secure transaction on the Paypal site. We do not accept payment by check.
The Customer guarantees that he is fully entitled to use the means of payment which he uses and that these means of payment give access to sufficient funds to cover the costs of the order.
8.1. Payment by credit card
The bank information relating to the Client (bank card number and expiry date) is encrypted and then processed by our financial partner (Hereinafter defined as “the Payment Institution”). The Customer guarantees that he is fully entitled to use the bank card he uses and that this bank card gives access to sufficient funds to cover the costs of the order and undertakes to communicate information to the Payment Establishment exact. L’Atelier Perceval cannot be held responsible for an order recorded and paid for using information belonging to the Client held by a third party.
8.2. Payment by secure transaction on the Paypal site
The conditions of payment via the Paypal site are subject to the general conditions of Paypal that the Customer declares to have read and accepted and which appear at the following addresses :https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full#11 .
9. RIGHT TO RETRACT
9.1. Right to retract
In accordance with the provisions of articles L. 221-1 and L. 221-28 et seq. Of the consumer code, when the sale is made through our Website and / or in the event of sale outside the seller’s premises (c ” i.e. for example in the case of door-to-door sales), the Customer has the right to withdraw from the contract without giving any reason within fourteen (14) days. This right may be exercised by the Customer upon conclusion of the Contract and expires fourteen (14) days following the day on which the Customer, or another person other than the carrier and designated by the Customer, receives the Products.
If the period of fourteen (14) days expires on a Saturday, a Sunday or a holiday or non-working day, it is extended until the next working day. In the case of an order for several Products delivered separately or in the case of an order of a Product composed of lots or multiple pieces whose delivery is staggered over a defined period, the period runs from receipt of the last good or lot of the last piece.
9.2. Procedure for exercising the right of withdrawal
To exercise this right of withdrawal from the contract concluded with GALAN POWELL COUTELLERIE, the Customer must notify GALAN POWELL COUTELLERIE by e-mail (knife-powell.com) or by post (postal address mentioned at the top of the GTC) its withdrawal decision by means an unambiguous statement (for example, letter sent by post or email).
For the withdrawal period to be respected, it is sufficient that the Customer transmits his intention to withdraw before the expiration of the withdrawal period.
10.1. Legal guarantee of conformity and hidden defects
The Customer benefits from the guarantee for hidden defects provided for in articles 1641 and following of the civil code and the guarantee of conformity provided for in articles L. 217-4 and following of the consumer code for the Products sold by GALAN POWELL COUTELLERIE.
When the Customer acts as a legal guarantee of conformity:
– He has a period of two (2) years from the delivery of the goods to act;
– It is free to choose between replacing the non-conforming Product or reimbursing it subject to certain cost conditions provided for in Article L. 217-9 of the Consumer Code
– It is exempt from providing proof of the Product’s lack of conformity for a period of twenty-four (24) months.
The legal guarantee of conformity applies regardless of the commercial guarantee that may be granted.
The Customer is entitled to implement the warranty due to hidden defects in the Product within the meaning of article 1641 of the Civil Code. If such a guarantee is implemented, the Customer is free to choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
Any return costs for defective or non-compliant products will be borne by GALAN POWELL COUTELLERIE.
10.2. Commercial warranty
GALAN POWELL COUTELLERIE guarantees all of its knives for life subject to the availability of parts to be replaced.
Guarantee price : 0 euros. Any shipping costs are the responsibility of the Customer.
Content of warranty : cost of spare part and labor.
The following are excluded from the warranty :
- Products that have not been used or maintained in accordance with the recommended maintenance advice,
- items that have been taken apart,
- damage due to oxidation.
Implementation of the guarantee: GALAN POWELL COUTELLERIE will replace or repair the defective parts in its factory or any place of its convenience. Shipping costs are the responsibility of the Customer
Any downtime of at least seven days is added to the duration of the warranty which remains to run. This period runs from the Customer’s request for intervention or the provision for repair of the Product in question, if this provision is subsequent to the request for intervention.
Territorial scope of the guarantee : France
Name and address of the guarantor : GALAN POWELL COUTELLERIE, 1 rue de côte gelée ,05260 Ancelle
Independently of this commercial guarantee, GALAN POWELL COUTELLERIE remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 of the consumer code and that relating to the defects of the thing sold under the conditions provided Articles 1641 to 1648 and 2232 of the Civil Code, articles reproduced in the appendix to these GTC.
11. SPARE PARTS
Spare parts essential to the use of the Products are available for 2 years, from the receipt of the Products.
12. MODIFICATION OF THE GENERAL CONDITIONS OF SALE
GALAN POWELL COUTELLERIE reserves the right to modify or, more generally, to update these general conditions at any time and without notice. That is why we invite you to consult them regularly. In such a case, GALAN POWELL COUTELLERIE will inform the Customers by posting on its website. It is therefore the responsibility of the Customer to regularly refer to the latest version of the general conditions, which is permanently available on the Website. Only the general conditions in force at the time of ordering will govern the contract between GALAN POWELL COUTELLERIE and the Customer.
13. INTELLECTUAL PROPERTY AND COPYRIGHT
The Website is the property of GALAN POWELL COUTELLERIE or is legally operated by the latter.
All rights relating to the Website (including without being exhaustive the intellectual property rights on texts, literary and artistic creations, graphics – including photographs – and audiovisual, computer developments, HTLM developments and other works of the spirit and, more generally, all creations likely to be protected by intellectual property law such as images, logos, formatting, graphic charter, structure, ergonomics, color codes, typographies, fonts, basic graphic elements, graphic organization of screens, layout, page backgrounds, website visual identity, sound elements or brands), to the concept of the whole activity of GALAN POWELL COUTELLERIE and their original and innovative character belong to GALAN POWELL COUTELLERIE or are regularly exploited es by the latter, without any limitation.
Similarly, the Products marketed by de GALAN POWELL COUTELLERIE are or may be protected by intellectual property rights (literary and artistic property, designs and models or brands). These intellectual property rights, independent of the medium, are and remain the intellectual property of de GALAN POWELL COUTELLERIE or are regularly exploited by the latter. The Customer acknowledges having no intellectual property right or license to the Products and refrains from reproducing, representing or marketing them.
Any imitation or reproduction, in whole or in part, of the aforementioned rights, on any medium whatsoever, is strictly prohibited. Reproduction or use of the elements contained on the Website may be subject to prosecution.
14. PERSONAL DATA
Personal data (in particular surname, first name, postal address, delivery address, e-mail address, telephone number of the Customer) is collected by GALAN POWELL COUTELLERIE as data controller for the purposes of setting up and execution of the contract and its follow-up (order, invoice, delivery, commercial guarantee) as well as to the sending of news concerning GALAN POWELL COUTELLERIE and its Products and / or new products or services (legitimate interest to optimize the services of GALAN POWELL CUTLERY). Failure to provide the above data leads to the impossibility of performing the contract or a delay in the execution of the contract.
GALAN POWELL COUTELLERIE may also use personal data to promote the services and products offered by GALAN POWELL COUTELLERIE in particular by information letters (or newsletters). The Customer has the possibility, at any time, to oppose commercial prospecting free of charge by clicking on the link provided for this purpose in the email and / or SMS / MMS sending the prospecting or by sending an email to the following address (couteau-powell@gmail,com)
This data may be transmitted to the authorized departments of GALAN POWELL COUTELLERIE.
The personal data collected is not subject to any transfer abroad.
These data are kept for the time necessary for the proper administration and execution of the contract as well as the management of orders and invoices and commercial guarantees.
The Customer has a right of access, opposition, interrogation, rectification, erasure, limitation of processing and a right to the portability of data concerning him, as well as a right to define general and specific directives defining how he intends to exercise these rights after his death.
When the processing is based on his consent, he also has the possibility to withdraw his consent at any time. This withdrawal of consent will only have effect for the future.
The Customer also has the right to lodge a complaint with the CNIL: https://www.cnil.fr/fr/plaintes.
For any further information and / or exercise of their rights, the Customer can contact GALAN POWELL COUTELLERIE by post or email (the contact details appearing at the top of these GTCS) or our personal data referent by email at firstname.lastname@example.org .
15. OPPOSITION TO COLD CALLING
All consumers are informed that they have the possibility of registering on the BLOCTEL telephone canvassing list accessible at the following link: https://conso.bloctel.fr.
Any complaint relating to the Product (s) ordered and / or delivered must be made as soon as possible by the Customer to GALAN POWELL COUTELLERIE by email (knife -powell @ gmail, fr) or by letter recommended with acknowledgment of receipt (at the following postal address: 1 rue de côte gelée 05260 Ancelle). The complaint must specify the reason for the complaint, the date of order and / or delivery, the reference of the product (s) ordered.
17. APPLICABLE LAW AND LITIGATION
Unless otherwise stipulated, this contract is governed exclusively by French law.
In the event of a complaint or dispute, the Customer must contact GALAN POWELL COUTELLERIE. In the absence of a solution suitable for the Customer, the latter may, in accordance with Articles L. 611-1 et seq. Of the Consumer Code, have recourse to a consumption mediator.
APPENDIX – Legal guarantees: Extracts from the Consumer Code and the Civil Code
Article L. 217-4 of the Consumer Code
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also responsible for any lack of conformity resulting from the packaging, the Assembly Instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility.
Article L. 217-5 of the Consumer Code
The goods comply with the contract :
1° If it is suitable for the use normally expected of a similar item and if applicable:
– if it corresponds to the description given by the seller and have the qualities that it has presented to the buyer in the form of 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, by the producer or by his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted. p >
Article L 217-12 of the Consumer Code
The action resulting from the lack of conformity lapses two years after delivery of the goods.
Article L. 217-16 of the Consumer Code:
When the buyer requests from the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the remaining warranty.
This period runs from the buyer’s request for intervention or the provision for repair of the goods in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which so diminishes this use, that the buyer would not have acquired it, or would have given a lower price, if he had known them.
Article 1648 al. 1st of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.