General terms and conditions of sale
IDENTIFICATION OF GABRIEL BEGHI DESIGN
is a sole trader - Manufacture of ceramic articles for domestic or ornamental purposes, woodblock printing and photography (2341Z)
SIREN : 841 895 683
Sole trader : Gabriel BEGHI
Address: 2 RUE DE L'EGALITE 33720 CERONS
E-mail: gabriel.beghi@gmail.com, SIRET 31200967300020, registered under RC PARIS B321009673
Customer Service can be reached at: + 33 6 12 31 24 92
By e-mail to the address: gabriel.beghi@gmail.com
By post to the following address: 2 RUE DE L'EGALITE 33720 CERONS
E-shop customer service: gabriel.beghi@gmail.com
The Director of the publication is Mr Gabriel Beghi.
The site is hosted by OVH.
Gabriel Beghi Design sells through its website products and collections of products marketed under the following names or brands: Gabriel Beghi
SCOPE OF APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
The present General Terms and Conditions of Sale (hereinafter "GTC") apply to any order placed on the Site by a consumer for private use (hereinafter the "Customer") and for delivery in France, and or for all French territories, and all foreign countries
All of the general and special conditions, orders and delivery notes constitute the agreement that binds the customer and the company Gabriel beghi Design.
The Contract is concluded for a period which expires on delivery.
For all new orders, the general and special conditions may change, and apply automatically to all repeat orders.
The Customer confirms that he/she accepts the GTC by signing his/her first order, which includes this statement.
PERSONAL DATA / CUSTOMER IDENTIFICATION
1 Access :
- Access to the online sales service is via a purchase account for a given transaction or by opening a customer account
By placing an order and/or opening an account, the Customer declares that he/she is an individual who is not a trader, is of age and/or has the capacity to enter into a contract and is acting on his/her own behalf.
In the case of a company, the customer's obligations are as follows: the customer communicates this fact to FR by providing the documents that Gabriel Beghi Design requests, such as, for example, the powers of attorney, the nature of the functions exercised, the authorisations as well as any document allowing the authentication of the powers of the online principal making the purchase.
2 Use of the account :
The account allows the Customer to make purchases on the Site, to consult the processing and follow-up of orders in progress, to consult the history of his orders as well as to have access to his personal data and to be able to modify or delete them.
As long as this information is not completed in accordance with the indications of Gabriel Beghi Design, the execution of the order is suspended.
For individual "non-company" customers, the following information must - as a minimum - be given in order to be registered by the site manager:
- Civility
- Name and surname
- Date of birth
- Telephone number
- Contact address
- E-mail address
- Password
- Delivery and billing addresses, with the precise details of the person responsible for receiving the goods if different from the customer.
3 Operation :
All transactions are processed via the website.
When creating an account, the customer chooses a secure and strictly personal password.
The confirmation e-mail is sent to the Customer at the e-mail address chosen by him;
The Customer will use his e-mail address as his login
The reset of a new password is possible via the e-mail address used as the identifier.
4 Personal data ;
The computerised file constituted by Gabriel Beghi Design for the processing of personal data collected from clients was declared to the Commission Nationale Informatique et Liberté on XXXX
Gabriel Beghi Design undertakes to respect the confidential nature of the personal data collected, to keep them and to use them in accordance with the legal provisions.
This data, including cookies, will be used for :
- Processing, order tracking, after-sales service and, more generally, the execution of the Contract,
- Customer relationship management, in particular to inform the Customer of any promotional operations or special offers, with the Customer's prior consent.
When this data is kept in a form that makes it possible to identify the persons concerned, it is kept for a period that does not exceed the time necessary to achieve the objectives for which it was collected and processed.
Gabriel Beghi Design may communicate the personal data collected to partners and service providers in charge of the processing and execution of orders as well as after-sales service and more generally of the Contract.
When opening an account and/or placing an order, the Customer may choose to receive commercial offers from Gabriel Beghi's partner companies.
In accordance with the legislation in force on the protection of personal data, the Customer
- may at any time exercise his/her right to access, question, rectify, delete and oppose for legitimate reasons all data concerning him/her by connecting to the Site, under the heading "My account".
-may oppose, for a legitimate reason, the processing of his personal data.
Any such request shall be made in writing to Gabriel Beghi, mentioning the e-mail address used as an identifier:
By e-mail to: gabriel.beghi@gmail.com
or
By post to the address: 2 Rue de l'Egalité 33720 Cerons
ORDERING PROCEDURES
The products are manufactured in the Gabriel Beghi Design workshop, and not automatically
As such, they all have characteristics that are not strictly identical.
Given the artisanal method of their manufacture, they may therefore present differences.
The customer is therefore informed of this.
The latter accepts the possible occurrence of such differences.
-This being the case, each product is presented on the site on an item sheet which includes a photograph and information such as the dimensions and the price including all taxes.
Unavailable products are removed from the site as and when they become available, but this period cannot be precisely predicted: it is a maximum of 30 days.
The products presented are always sold within the limits of available stocks.
The photographs on the Site are as accurate as possible, but cannot ensure perfect similarity with the items selected, particularly with regard to colour shades.
5 Purchasing procedure.
The purchase sequences are as follows:
If the Customer clicks on "Add to Cart", he/she places the item selected on the item sheet in his/her "Cart".
The Customer can continue shopping by clicking on "View cart" to complete the order.
The items selected by the Customer are indicated in the "Shopping Cart" which includes:
- A photograph of each Item selected by the Customer,
- The name of the item and a key detail (size and/or colour),
- Its unit selling price including VAT,
- The number of copies of each item ordered,
- One sub-total per Article,
- A total including all taxes, excluding packaging and delivery costs.
The Customer must check the list and modify or accept it by clicking on a "Validate my basket" button.
The Customer may change his/her mind, modify his/her selection (quantity, colour, etc.) and remove the selected Items.
- After validation of the detailed summary, the Customer proceeds with the order:
- Or by ordering without an account,
- Either by creating an account if it is their first order or not
- Or by entering the e-mail address used as a login and password, if they have already opened an account.
The Customer is invited to review the GTCs which appear in a window and to confirm that he/she accepts them by ticking a box "I accept the general terms and conditions of sale of the online shop" on the delivery and billing address information page.
The Customer cannot access the next step, i.e. the payment page, if he/she has not ticked the box "I accept the general terms and conditions of sale of the online shop", triggering the printing of the document.
On the payment page, the Customer has access to a detailed summary of his order, including the total amount including all taxes, packaging and delivery costs, and the billing and delivery addresses.
Customers who have validated their shopping cart and wish to pay for their order, pay by credit card (Visa, MasterCard, American Express),
- The order will only be considered effective after confirmation of the agreement of the banking payment centres.
Upon receipt of the order by Gabriel Beghi Design and before any confirmation, the latter reserves the possibility of refusing the order for a legitimate reason, notably in the event that the Products are no longer available or if the Customer has previously had a dispute or difference with Gabriel Beghi Design.
In the latter case, Gabriel Beghi Design retains the right to not / no longer contract with said customer.
After validation of the payment by the banking payment centre, Gabriel Beghi Design confirms each order by sending a confirmation e-mail which summarises :
- The order number,
- The date of the order,
- The billing address and the delivery address of the order,
- The Item(s) ordered
- The total amount paid by the Customer, including packaging and delivery costs (it is specified that the transport costs take into account the risks of damage and are fixed at :
Offered for the whole of France, excluding French overseas departments and territories. For the whole of Europe, a flat rate of 25% of the total amount in €HT is applied. For the rest of the world, a flat rate of 35% of the total amount in €HT is applied.
At any time, even after validation, Jean Roger Décoration retains the right to ask the customer for any other precision or information for the proper execution of the order;
The archiving of data is kept for ten years.
The customer may request a copy of the contract by sending a written request to Gabriel Beghi Design, 2 rue de l'Egalité 33720 Cerons. The client also keeps a copy of the orders he has placed with Gabriel Beghi Design.
RESERVATION OF OWNERSHIP
Gabriel Beghi Design exercises its right of retention until full payment of the price. The dispatch of the order is therefore subject to the effective payment of the price.
The goods remain the property of Gabriel Beghi Design until full payment is received.
However, where appropriate,
In order to carry out its controls in order to avoid abusive practices carried out by fraudsters, Gabriel Beghi Design may ask the Customer for all the documents necessary to release the order: proof of residence in the name of the Customer, or proof of residence in the name of the person indicated for the delivery address, etc. These requests will be made by e-mail.
Gabriel Beghi Design reserves the right not to register a payment, and not to confirm an order for any reason whatsoever, and more particularly in case of supply problem, or in case of difficulty concerning the received order.
PRICE
The price of each item is indicated on the corresponding item sheet in Euros or agreed currency) inclusive of all taxes, excluding packaging and delivery costs.
The packaging and delivery costs are indicated to the Customer on the summary submitted for his approval before the validation of his order. Their amount depends on the physical characteristics of the products ordered and the place of delivery chosen by the customer.
Jean Roger Décoration reserves the right to modify its selling prices at any time, it being specified that the price accepted by the Customer when validating his order is firm and definitive. PAYMENT
The Customer makes the payment in Euros by credit card by providing :
For Visa®, MasterCard®: The sixteen-digit number and expiry date of the card and the cryptogram numbers on the back,
For American Express® cards: The 15-digit number and expiry date of the card and the cryptogram numbers on the front.
The following cards are accepted:
- Visa®,
- MasterCard®,
- American Express®.
The Customer guarantees that he/she is not subject to any prohibition and that he/she is authorised to use the card for the payment of his/her order and that this means of payment gives access to sufficient funds to ensure payment of the order.
- Transactions carried out on the Site are secured by the payment system
All information exchanged to process the payment is encrypted using XXXXX. This data cannot be detected, intercepted or used by third parties. This information is stored only on the servers of the institution used for the transaction.
In addition, all purchases must be made on STRIPE (those made on the Site which complies with the current standards in force at STRIPE).
In the event that the transaction cannot be debited, it is agreed that the sale is thereby resolved at the discretion of Gabriel Beghi Design, which in the latter case notifies the client of the resolution at its sole discretion.
DELIVERY
Items purchased will be shipped to the delivery address indicated by the Customer.
For the purpose of delivery, the Customer fills in the form proposed by Gabriel Beghi Design allowing the following data to be collected:
- Civility
- Name and surname
- Telephone number
- Online address
- City - Postcode, - Country
-Precise details of the person or place (department, building, premises, etc)
The Customer is notified of the dispatch of his order by e-mail.
Delivery is deemed to have taken place as soon as the Article(s) ordered are made available by the carrier, whether or not this is evidenced by the Customer signing a delivery note or receipt.
In this respect it is stated:
In the absence of the customer's presence or in the event that the customer is unable to be reached, the delivery is deemed to have been made by the delivery or deposit of a delivery notice indicating that the parcel is available at an address agreed with the customer, either at the outset or indicated to the customer with the customer's agreement during the execution of the delivery
2 consequently, in the event of absence at the time of delivery, or of any impediment whatsoever, the carrier will notify the Customer by e-mail, SMS or a notice of passage, of the address of the drop-off point from which the Customer may and must go to collect his parcel.
The Customer is obliged to check the condition of the packaging and the Article(s) on delivery as soon as he is in the presence of the parcel and to make any reservations and claims that may be necessary and/or to refuse the parcel if it has been opened or if it bears traces of significant damage.
These reservations or claims must be formulated in writing on the delivery slip or the receipt and must be communicated as soon as possible to the Gabriel Beghi Design department, indicating the Customer's identifier and the order references.
For products in stock, the order is shipped within 2 to 3 days by DHL or UPS. Gabriel Beghi Design is not responsible for delays and/or damage suffered by the carrier due to these delays.
If the Customer finds that the delivery date has been exceeded, and this is not due to force majeure or a payment incident, the Customer may :
- Or to cancel the order by registered letter with acknowledgement of receipt to be sent to the following address Gabriel Beghi Design, 2 Rue de l'Egalité 33720 Cerons, mentioning the references of the order. In this case, FR will reimburse the Customer for the amount of the order, including VAT, within 30 days following receipt of the duly justified request for cancellation of the order.
- Or, if the Customer does not wish to cancel the order, to inform the Customer Service of this delay by e-mail, telephone or post, giving the references of the order. FR will then carry out the necessary research to determine the cause of the delay and will organise the reshipment of the Article if necessary. In the event of a duplicate receipt of the Article following its return by FR, the Customer undertakes to refuse the parcel to the carrier or to return it at its own expense.
In both cases, Gabriel Beghi Design reserves the right to ask the Customer to sign a declaration on honour of non-receipt of the order.
PRODUCT AVAILABILITY
Before the validation of the order, the customer is informed of the availability of the products
In the event of unavailability after the order has been placed for reasons beyond the control of Gabriel Beghi Design,
The client may choose to :
- Or wait until the Article is available again,
- Or cancel the order and order another item in stock presented on the Site,
- Or cancel the order with a refund of the order.
- When several products have been ordered by the Customer, and one or more items in the order are not available in stock, the order will be subject to a partial confirmation request.
The customer either confirms partial delivery of his purchase and waits for the other Item(s) ordered to become available
- Either the customer confirms the partial delivery of his order and cancels the other article(s) ordered. The customer will only be charged for the amount delivered.
In the event of refusal by the Customer or lack of response within 7 days, the order will be cancelled in its entirety. Jean Roger Décoration will reimburse the Customer for the sale price and the packaging and delivery costs of the Articles initially ordered.
CONFORMITY OF ITEMS
Gabriel Beghi Design makes its best efforts to ensure that the photographic representation of the Articles on each article sheet is as faithful as possible to the perception that a Customer could have in shop.
However, due to the technical constraints linked to the online presentation and photographic reproduction of the Articles in digital format, it is clear that the perception of an Article by the Customer connected to the Site does not correspond exactly to that which he would have had in the presence of the Article.
If at the time of delivery the Customer believes that the product does not conform to its online representation, he/she must refrain from offering it for sale and notify FR without delay and at the latest within 48 hours of delivery.
- the customer has the right to be delivered in the same way, within the limits of available stocks, or to be reimbursed within 45 days of his request.
The terms and conditions of return are governed by the following provisions under the heading "right of withdrawal
RIGHT OF WITHDRAWAL
Within 14 days of receiving the order, the customer may withdraw from the order under the following conditions
Prior to any return, the Customer shall indicate his intention to exercise his right of withdrawal to Gabriel Beghi Design, 2 Rue de l'Egalité 33720 Cerons by telephone, by post or by e-mail, indicating his surname, first name, order number, telephone number and e-mail address.
After acceptance for verification and control) of Jean Roger Décoration, the Customer returns the product(s) subject to the withdrawal within 3 clear days from the sending of the agreement of Gabriel Beghi Designs on its withdrawal using the withdrawal form provided in the package upon delivery, to the following postal address
The return is at the expense and risk of the Customer.
Items must be returned in their original packaging, in a condition that allows them to be sold again. Items that are damaged in any way, soiled and/or incomplete will not be accepted and will not be refunded.
By definition, this right of withdrawal does not apply to products that have been personalised at the request of the Customer.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to :
The supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer has given his prior express consent and expressly waived his right of withdrawal.
The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period.
The supply of goods made to the consumer's specifications or clearly personalized.
The supply of goods likely to deteriorate or expire quickly.
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.
The supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
The supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader.
The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery.
The supply of a newspaper, periodical or magazine, except for subscription contracts for such publications.
Transactions concluded at a public auction.
The supply of digital content not provided on a physical medium, the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.
GUARANTEES
The Customer benefits from the legal guarantees provided by the legislation in force in France.
This is specifically agreed upon by mutual consent.
Gabriel Beghi Design undertakes to deliver a product that complies with the agreement and is only responsible for existing conformity defects recognised as such by Gabriel Beghi Design.
To be in conformity with the contract, the goods must :
Be fit for the purpose ordinarily expected of similar goods and, where appropriate :
- Correspond to the description given by Gabriel Beghi Design and possess the qualities that the latter has presented to the buyer in the form of photos on the site or, if applicable, in the form of a sample or model,
- Present the qualities that a buyer may legitimately expect in view of the public declarations made by Gabriel Beghi Design producer/seller or by his representative, notably in advertising or labelling,
An action arising from a lack of conformity shall be barred after two years from the date of delivery of the goods.
Gabriel Beghi Design is held responsible for the guarantee due to the hidden defects of the thing sold which render it unfit for the use for which it was intended, or which diminish this use so much that the buyer would not have acquired it, or would have given only a lesser price, if he had known them.
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
The Customer shall address any claim concerning the warranty to Gabriel Beghi Design, 2 Rue de l'Egalité 33720 Cerons.
The claim will then be processed by Gabriel Beghi Design, which will indicate to the Customer the possibility (or not) of implementing the guarantee.
In the event that the guarantee is implemented, Gabriel Beghi Design shall propose, at the Customer's discretion, :
- Either the replacement of the product concerned, within the limits of available stocks and the time required for a new production
- Or the reimbursement of the price.
INTELLECTUAL PROPERTY
- The Gabriel Beghi Design brand, the drawings, signatures, acronyms, images, original or non-original reproductions, and all the other jr brands composed, or not, of the terms jr as well as all the intellectual property rights that may be attached to the products and services and manufactures specific or not to the Site (such as drawings and models, images, texts as well as logos), whether they are registered or not, are and will remain the exclusive property of Jean Roger Decoration.
They constitute its intellectual property rights.
As such, the products must not be used for any culinary use, whether or not permanent preparations, recipes, or in the context of a personal or professional cooking or kitchen activity.
In general, the Customer shall refrain from directly or indirectly infringing these Intellectual Property Rights.
The Customer is prohibited from reproducing, representing, distributing, using, exploiting or modifying, in whole or in part, on any medium whatsoever, the products and images of the products, created or manufactured or offered for sale, whether or not they appear on the site.
In general, the Client is prohibited from reproducing, imitating, representing, distributing, using, exploiting or modifying, in whole or in part, on any medium whatsoever, the Intellectual Property Rights of Gabriel Beghi Design.
Their total or partial reproduction or representation, without prior written authorisation from Gabriel Beghi Design, is prohibited.
The General or Special Conditions, the orders and deliveries, never constitute an authorisation of any kind to use the intellectual property rights of Gabriel Beghi Design.
The client is prohibited from using or referring any element of the Gabriel Beghi site to another site for any reason whatsoever (relational, commercial, professional or otherwise)
It is forbidden to use any link from another site directly to the website without prior written authorisation from Gabriel Beghi Design.
COOKIES
Information
Gabriel Beghi Design uses cookies and pixel tags in order to identify and understand the preferences of the Clients in order to improve the quality of the services and the navigation of the Site. A cookie is a block of data that does not allow the user to be identified but is used to record information relating to the user's navigation on the Site. There are two categories of cookies on the Site:
Functional: these cookies are necessary for the basic functionality of the site and are therefore always activated. These cookies allow us to recognise a Customer when they return to the site. They also facilitate the payment process with the different security steps.
Performance: These cookies are used to improve the advanced features of the Site. In some cases, these cookies improve the speed of the Site or make it possible to remember the references selected by the Customer. Refusal to install these cookies may affect the performance of the Site.
The Customer's agreement to the use of cookies shall remain valid for a period that may not exceed 13 months. By browsing the Site with a browser configured to accept cookies, the Customer will be deemed to accept the Site's cookies.
The cookie is under the control of the user, who can deactivate its use by following the instructions given by his or her browser software. These instructions are usually found in the Tools or Options menu of the browser. In any case, the process of deactivating cookies is indicated in the help section of the browser.
The cookies used by Gabriel Beghi Design are the following:
The cookies used by the Site :
Name :
Purpose:
To store shopping cart information and the logged-in user's profile (if any).
Name: (duration 2 years)
Purpose: Used to authenticate the logged-in user (within an active session) on gabrielbeghi.com
Third party cookies
Name:
Purpose: Used to monitor traffic and visitor behaviour on the site. Purpose: Used to more accurately estimate the number of visitors to certain pages and to plan usage volumes.
Name Cookie Duration Description
26 months Used to identify users
10 minutes Used to speed up navigation
In addition, Google Analytics can now leverage data collected through Google's marketing and advertising network (as described below). No user will be personally identifiable, but this service will collect information on gender, age and areas of interest, where applicable.
Social networks:
These cookies are used when sharing content on social networks. They have been installed on Jean Roger Décoration's social networks for a maximum of 2 years: c_user, datr, Lu, s, xs.
Targeted advertising
The Site uses third party cookies to better understand the interests and usage of its users. These cookies allow us to display advertisements on third party Sites based on the interests and usage sessions of Customers. This technique is called "targeted advertising or re-marketing". With these advertisements, Gabriel Beghi Design wishes to be able to display products that are of interest to the Clients' preferences.
This technology does not use private data such as email address, postal address or telephone number of the Customers.
How to manage cookies?
To access the browser configuration, the Customer must go to the browser's help menu to find out how to change the cookie preferences.
More information on which features to disable can be found under these links:
Internet Explorer™
Safari™
Chrome™
Firefox™
Opera™
CONVENTION ON EVIDENCE
Gabriel Beghi Design keeps the computerised records in its computer systems in reasonable security conditions. The Client accepts and expressly recognises that the messages sent by e-mail, the log files hosted on the servers of Gabriel Beghi Design or its technical service providers, the statistical data generated and communicated by Gabriel Beghi Design accessible by electronic means, shall have the same probative value as the paper copies, letters and documents sent by post, unless a registered letter with acknowledgement of receipt is expressly required.
LIABILITY AND LITIGATION
- Gabriel Beghi Design shall not be held liable for the total or partial non-fulfilment of an order in the event of force majeure, the Customer's fault, a payment incident or the unforeseeable and insurmountable act of a third party.
Similarly, Gabriel Beghi Design cannot be held responsible for any damage inherent to the use of the Internet such as, in particular, a break in service, loss of data, external intrusion or the presence of a virus.
- In the event of non-compliance by the Customer with the obligations subscribed to under the terms of the GTC, of communication of inaccurate information, of any payment incident and/or fraudulent use of a payment card, reserves the right to close its account and to cancel any order in progress, without prejudice to any claim for damages.
Gabriel Beghi Design has the right to refuse any order from a Customer with whom such a dispute exists.
In the event of a dispute, the Customer must send a complaint to the following department in order to seek an amicable solution.
In the absence of an amicable solution, and if the dispute persists, the courts of the place of Gabriel Beghi Design's registered office in France will be competent, and the corresponding law will be applicable, to the exclusion of the provisions of the United Nations Convention on the International Sale of Goods and of any provision of private international law referring to the application of another law.
- Mediation
The Customer may also have recourse to a mediator. To do so, the Customer must comply with the following procedure:
- Send a written complaint to
- If the negotiations do not succeed, and subject to Article L612-2 of the Consumer Code, SEEK AT SHARED COST the Competent Mediator [or the CMAP - Centre de Médiation et d'Arbitrage de Paris (www.cmap.fr )] within one month after the sending of the said complaint.
The use of the mediation service is optional. It does not interrupt the time limits for action.
No tolerance on the part of Gabriel Beghi Design in the application of the present conditions may constitute an acquired right for the client.