General conditions of sale
The purpose of the General Conditions of Sale (GCS) is to define the rights and obligations of both parties in connection with sales made on the site www.OrbisTerrae.com
The applicable GCS are those published on www.OrbisTerrae.com (the Site) at the time of the sale, or on the quote, if applicable. OrbisTerrae reserves the right to modify the GTC at any time.
Orders placed by individuals (The Customer) with Gael Gaborel owner of OrbisTerrae (The Seller) and located at 34 Avenue Victor Hugo, 16100 COGNAC FRANCE), are subject to the GCS below.
The Products for sale are objects of craftsmanship and therefore minor variations of aspects are possible due to the manual nature of their achievements and materials used.
The Seller offers a more complete customization service for its Products, particularly for colour requests and cartographic modifications. After exchanges between the Seller and the Customer, the latter will receive a personalized estimate detailing :
- Product and modifications
- Turnaround times and deliveries
- Price details (Works, VAT and delivery)
- The deposit required for the execution of the work
- The general conditions of sale
- Period of validity of the offer
The Products sold on the Site comply with the legislation and standards applicable in France and the European Union. The Seller cannot be held liable in the event of non-compliance with different legislation in the country of delivery.
The Customer is a natural person over 18 years of age able to conclude the purchase, residing in France or abroad. The Customer is invited to read the GCS before placing any remote order (mail, telephone, website, or any other means of communication). The act of purchase implies full and unreserved acceptance of the GCS.
2.2 Ordering Products
The acceptance of the order of a product is subject to the following conditions:
- Receipt by the Seller of the quotation signed by the Customer.
- Receipt by the Seller of the deposit (See payment terms).
The start of work on the order will be subject to the above conditions: The start date of work will be the date of the last condition met.
3. Prices and payment terms
3.1 Product Prices
The price of the Products, the deposit and the delivery costs excluding possible customs charges are those indicated on the quotation.
Prices are in Euros, all taxes included (VAT).
The Seller reserves the right to modify prices at any time, with the exception of pending orders.
3.2 Method of payment
Payment is made in two installments:
- 50% upon acceptance of the quotation.
- 50 % on dispatch of the product.
3.3 Means of payment
Payment for Products ordered can be made by:
- Bank card (CB, VISA or Mastercard)
- Bank transfer for personalized products.
The online payment service is secure but does not contain any additional insurance policy, particularly in the event of theft of the Customer's bank card.
In accordance with the provisions of article 121-16-3 of the Consumer Code, The Seller will archive purchase orders, estimates and invoices on a reliable and durable medium.
Computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
3.4 Default in payment
In the event of late payment, The Seller reserves the right to suspend all pending orders, without prejudice to any other action.
The Seller can carry out controls in order to validate your order in order to protect itself against any abusive practices. The Seller may therefore ask you for all the documents necessary to validate your order: proof of address and/or contact details of the credit card holder, identity documents or other documents.
3.5 Customs duties and taxes
Any order delivered outside European Union may be subject to taxes and customs duties upon receipt of the package. These customs duties and taxes related to the delivery of Product(s) are the responsibility of the Customer.
The order of standard products will be shipped at the latest 8 weeks after acceptance of the order.
The Seller undertakes to inform you as soon as possible by indicating a shipping date.
Delivery begins as soon as the Product is delivered to the carrier. The delivery times and costs of personalized products are indicated in the estimate.
If the Customer is not present at the time of delivery, a notice of passage will be deposited and the Product will be redirected to the carrier's logistics center and a second delivery attempt will be made.
Proof of receipt is the delivery note signed by the Customer.
4.2 Product Verification
The Customer must check the conformity of the delivered Product, The Seller cannot be held responsible for transport.
The Customer is obliged to exercise any recourse against the carrier in the event of delay, damage, total or partial loss, or the occurrence of any other problem. Therefore, at the time of delivery, the Customer must imperatively proceed to check the condition of the Products delivered before signing the acknowledgement of receipt of the package.
In case of anomaly, the Customer must refuse delivery of the Products or issue handwritten, precise and dated reservations. These reservations must be confirmed by registered letter sent to the carrier with acknowledgement of receipt within three (3) working days following delivery of the Products. A copy must be sent to the Seller.
Claims for non-conformity of the Product must be made in writing to the Seller within five (5) days of receipt of the Product, accompanied by proof (including photos).
Upon receipt of the complaint formulated by the Customer, the Seller undertakes to process the complaint as soon as possible by proposing the replacement of the defective Product.
The Customer must keep the necessary packaging and delivery note in case of return.
Unless imperatively stipulated otherwise, the Customer may not claim any other compensation or damages.
4.4 Transfer of Risk
The seller takes over the transport and responsibility of the product up to the delivery point agreed with the buyer (Incoterm DAP).
5 Modification or cancellation of the order
5.1 Custom products
In the case of personalized Products or Products made according to the Customer's specifications, the Customer does not have the withdrawal period provided for in Article L. 121-20 of the French Consumer Code, in accordance with the provisions of Article L 121-20-2 of the French Consumer Code.
Nevertheless, the Seller undertakes to find with the Customer a satisfactory solution to the situation.
5.2 Refund / credit note
The refund or credit note will be made using the same method of payment chosen by the Customer for the initial transaction, unless expressly agreed by the Customer for the Seller to use another method of payment, and provided that the refund does not cause any costs to the Customer.
The Seller reserves the right to defer the refund until receipt of the Product or as long as the Customer has not demonstrated that he has shipped the Product.
6 Personal data and confidentiality
The information necessary for your purchase collected during an order is intended solely for the Seller, or any person in charge of the proper execution of your purchase.
The seller undertakes not to disclose the personal data of its Customers for promotional or commercial purposes, without written consent (Mail or E-mail).
In accordance with the provisions of the French Law "Informatique et Libertés" n° 78-17 of 6 January 1978, the Customer has the right to access, modify, rectify and delete personal data concerning him. The Customer also has a right to object, for legitimate reasons, to the computerized processing of data concerning him.
7. Force majeure
The Seller cannot be held liable for any loss or damage resulting from a delay or failure in the performance of all or part of the contract when such delay or failure is attributable to events or causes beyond its control.
Are considered as force majeure relieving the Seller of its obligation to deliver, in addition to those usually retained by the jurisprudence of the French Courts and Tribunals, war, riot, fire, strikes, accidents and the impossibility of being supplied.
8. Limited Liability
The Customer, prior to his order, declares that he has full legal capacity enabling him to commit himself under these GCS, without the seller's liability being sought in this respect.
The seller may not be held liable in all cases where failure to perform its obligations is due to the Customer or in the event of an event of force majeure. The seller declines any responsibility in the presence of direct or indirect damages, caused at the time of the use of the Site.
In any event, if the seller's liability were to be retained for damage suffered by the Client exclusively attributable to the placing of the order, this shall be irrevocably limited to the amount of the order in question paid by the Client.
9. Applicable law
The GCS are subject to French law. In case of difficulties in the application of the GCS, the parties will favour an amicable solution before any legal recourse.