Terms of sale
Please take a few minutes to read the general terms and conditions of sale that apply to all sales made through the website www.gien.com for items sold and shipped by Faïencerie de Gien. Gien may revise these Terms and Conditions at any time, so we recommend that you check these pages regularly. Consumers may also seek the assistance of a consumer ombudsman under the conditions set out in Title 1 of Book VI. If you have any questions, please contact us at web@gien.com
ARTICLE 1 - CHARACTERISTICS OF THE ITEMS OFFERED
We strive to provide the most up-to-date and accurate information on our website. The information on gien.com may sometimes contain incomplete data, errors or inaccuracies. All errors are unintentional. We apologise for any incorrect information, such as prices or item availability, that may appear on our website.
Faïencerie de Gien cannot be held liable for any discrepancies or errors that may arise, nor can these give rise to any claims on the part of the customer. The photographs and descriptions of the items are as accurate as possible, but cannot guarantee a perfect likeness to the items presented, particularly with regard to colours. Due to variations in screen display, we cannot guarantee accurate colour representation.
When an item presented on gien.com is no longer in stock, it is deactivated from the site. Most Gien products displayed on our site are normally available, but may sometimes be unavailable before we have had time to remove them.
We make every effort to respond promptly to your e-mails, however Gien is under no obligation to respond to all e-mails received through this site. We do not wish to receive confidential or private information via this site or any e-mail link. Please note that all comments, ideas and suggestions communicated to our company via gien.com will become and remain the property of Gien.
We reserve the right to correct errors or update information at any time without notice.
ARTICLE 2 - ORDERING PROCEDURE
Confirmation of the order implies acceptance of these General Terms and Conditions of Sale, including the Privacy Policy, acknowledgement of full knowledge thereof and waiver of any other terms and conditions.
All data provided and the recorded confirmation shall constitute proof of the transaction. Confirmation shall constitute signature and acceptance of the transactions carried out.
ARTICLE 3 - ORDER CONFIRMATION
Once the contract has been concluded in accordance with the order procedure described above, Faïencerie de Gien shall send the customer an email receipt for their order summarising the information contained in the registered order form. By keeping this email and/or printing it, the customer has proof of the order, which Faïencerie de Gien recommends they keep. However, this email only confirms that the customer's order has been taken into account by Faïencerie de Gien and not that the item(s) ordered are available.
In the event that the item(s) ordered from the Faïencerie de Gien online store are no longer available or on sale at the time the customer submits the order form, the customer may terminate the contract by registered letter with acknowledgement of receipt or in writing on another durable medium if, after having instructed, under the same terms and conditions, Faïencerie de Gien to make the delivery within a reasonable additional period, the latter has not done so within that period.
ARTICLE 4 – SALE PRICES
The sale prices of the items are expressed, for all countries, in euros including all taxes (including VAT, to avoid any competition with foreign partners), excluding delivery costs. Any delivery costs are payable by the customer and are invoiced in addition to the sale price of the items.
The prices of items may change at any time. The sale price used for the purchase of each item is that shown on the Faïencerie de Gien online store at the time the order is placed, except in the case of typographical errors.
Any change in the rate of value added tax (VAT) will be immediately reflected in the sale price of the items.
In some cases, the prices displayed in Gien stores and partner boutiques may differ from the prices shown on gien.com, depending on the commercial operations implemented in the various distribution channels.
ARTICLE 5 – PAYMENT METHODS AND INVOICING
All purchases made on the Faïencerie de Gien online shop are payable at the time of ordering. The payment method accepted by Faïencerie de Gien for purchases made on the online shop is credit card. We do not accept cheques.
ARTICLE 6 – TRANSACTION SECURITY
When you make a purchase on the Faïencerie de Gien online store, the entire payment process is carried out between you and Caisse d'Épargne During the credit card payment process, you will temporarily leave the www.gien.com website and be redirected to the ‘Crédit Agricole Payment’ website.
This guarantees that:
Faïencerie de Gien will never know your card number.
Caisse d'Épargne will not be able to see any details of your purchases, as only the total amount and order number are sent to ‘Caisse d'Épargne Payment’ by Faïencerie de Gien.
You do not need to have a bank account with Caisse d'Épargne. In just a few seconds, you will know whether your payment has been accepted or declined, and you can then continue browsing.
There are no additional fees for paying for your purchases with ‘Crédit Agricole Payment’. For your security, all data exchanged during transactions is encrypted.
ARTICLE 7 - DELIVERY TERMS AND CONDITIONS
Find all delivery information by clicking on the following link: ‘Delivery Information’.
Additional terms and conditions:
The choice of carrier is made by Faïencerie de Gien when the order is processed. We reserve the right to group together several orders placed within a short period of time and with the same delivery address.
The costs of returning defective or non-compliant items will then be borne by Faïencerie de Gien.
However, Faïencerie de Gien shall be exempt from all or part of its liability by providing proof that the non-performance of the contract is attributable either to the consumer, or to the unforeseeable and insurmountable actions of a third party to the contract, or to a case of force majeure.
ARTICLE 8 - FORCE MAJEURE
Faïencerie de Gien cannot be held liable for any breach of its contractual obligations in the event of force majeure and unforeseeable circumstances such as natural disasters, fires, internal or external failures or breakdowns, and in general any external, unforeseeable and unavoidable event that prevents the proper execution of orders.
ARTICLE 9 - CUSTOMS DUTIES
Any order placed on the www.gien.com website and delivered outside France may be subject to taxes and customs duties imposed when the package reaches its destination. These customs duties and taxes related to the delivery of an item are your responsibility and are your liability. We are not required to check and inform you of applicable customs duties and taxes. To find out about them, we advise you to check with the relevant authorities in your country.
ARTICLE 10 - RIGHT OF WITHDRAWAL
The Customer has a withdrawal period of fifteen (15) days from the delivery of the order placed on www.gien.com.
During this period, the customer may return, at their own expense and without penalty, any items that do not suit them.
Such returns will only be accepted by Faïencerie de Gien if:
To exercise the right of withdrawal, the customer must notify Faïencerie de Gien of their decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post, fax or email). The customer may use the model withdrawal form, but this is not mandatory. In order for the withdrawal period to be respected, it is sufficient for the customer to send their communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
The returned item(s) must not have been used, modified, washed or damaged;
The returned item(s) must still be in their original packaging;
The returned items must be sent in a single shipment, as Faïencerie de Gien reserves the right not to accept items from the same order that are returned and shipped at different times.
If this right of withdrawal is exercised under the conditions defined above, Faïencerie de Gien will take the necessary steps to refund any sums already received in exchange for the purchase of the items.
Any sums already collected will be refunded as soon as possible and in any event within fourteen (14) working days of the date on which Faïencerie de Gien becomes aware of the customer's exercise of their right of withdrawal, regardless of the method of payment used.
In the event that the conditions for exercising the right of withdrawal described above have not been met, the customer may, at their own expense, have the items returned to Faïencerie de Gien in the condition in which they were returned to Faïencerie de Gien.
‘MODEL WITHDRAWAL FORM’
To Faïencerie de Gien, 78 place de la Victoire, 45500 Gien, 02 38 05 21 50,
I/we hereby notify you of my/our withdrawal from the contract for the sale of the following item(s):
ordered on received on
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
ARTICLE 11 - PRODUCT WARRANTY
Products sold on the online store are covered by the legal warranty of conformity under the conditions set out in Articles L. 217-4 to L. 217-13 of the Consumer Code, as well as the warranty against hidden defects as defined in Articles 1641 to 1649 of the Civil Code.
In the event of non-compliant or defective product(s), customers may return them under the conditions set out in Article 6, provided they have first contacted Customer Service by calling 02 38 05 21 50.
Upon receipt of the returned products, La Faïencerie de Gien will send the customer replacement products, provided they are available. If necessary, La Faïencerie de Gien will refund the customer in full.
ARTICLE 12 - PRIVACY POLICY
In accordance with the French Data Protection Act of 6 January 1978, personal information relating to customers may be subject to automated processing.
La Faïencerie de Gien reserves the right to collect information about customers, including through the use of cookies, and, if it wishes, to pass on the information collected to commercial partners.
Customers may object to the disclosure of their contact details by notifying Faïencerie de Gien.
Customers have the right to access and rectify data concerning them, in accordance with the Law of 6 January 1978.
All of this information can be consulted by the customer in the Privacy Policy section. For any further information on the processing of personal data, customers may send their requests to Faïencerie de Gien by clicking on the ‘Contact us’ link or by post to Faïenceries de Gien, Boutique en ligne, 78 Place de la Victoire, 45500 Gien, France.
ARTICLE 13 - APPLICABLE LAW AND DISPUTE RESOLUTION
These online terms and conditions of sale are subject to French law. In the event of a dispute, jurisdiction is assigned to the competent French courts.
ARTICLE 14 - CUSTOMER SERVICE
For any information requests or complaints, customers may contact Faïencerie de Gien on +33 (0)2 38 05 21 50 or by clicking on the ‘Contact us’ link.
ARTICLE 15 – LEGAL NOTICE
La Faïencerie de Gien, in the online sales process, is bound only by an obligation of means; it cannot be held liable for any damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, service interruption, or other unintentional problems.
This site is expressly owned and operated by Gien, under the trade name of Gien France, 78, place de la Victoire, 45500 Gien, France. All elements of the Faïencerie de Gien website are and remain the exclusive intellectual property of Faïencerie de Gien. This site, in its entirety, is protected by copyright. No one is authorised to reproduce, exploit, rebroadcast or use for any purpose whatsoever, even partially, any elements of the site, whether software, visual or audio. The entire content of gien.com is intended solely for personal and non-commercial use.
The www.gien.com website is published by Faïencerie de Gien, a public limited company with capital of €776,850. The registered office is located at: 78 place de la Victoire 45500 Gien France, registered in the Orléans Trade Register under number B33047164000, SIRET number: 330 471 640 00012, intra-community VAT number: FR48330471640.
This website has been declared to the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés), which has issued receipt no. 1451981.
Copyright:
This website constitutes a work of which Faïencerie de Gien is the author within the meaning of Articles L. 111.1 et seq. of the Intellectual Property Code.
The photographs, texts, logos, pictograms and all other works included on the website are the property of Faïencerie de Gien or third parties who have authorised Faïencerie de Gien to use them.
Reproductions, transmissions, modifications, and reuses, on paper or computer media, of the said website and the works reproduced therein are authorised only for personal and private use in accordance with the provisions of Article L 122-5 of the Intellectual Property Code. Such reproductions must clearly indicate the source and author of the website and/or these multimedia works.
Under no circumstances may these reproductions infringe on the rights of third parties. Reproductions, transmissions, modifications, or reuses of all or part of the website for advertising, commercial, or informational purposes are strictly prohibited.
