Terms of Sales

Terms of Sale (CGV)
Terms and Conditions jurisdiction and definitions
These Terms and Conditions of Use and Sale are governed by the laws of France and will be interpreted in
accordance with the French courts. You can get on this page, for your reading comfort and understanding, a full
translation in English of the Terms and Conditions of the current website.
The below listed words define :
'Site', 'service' or 'website' : the website http://www.olivierdurbano.com and all its pages.
'Publisher' : the legal or natural person responsible for editing and publishing content on the site.
'User' : the person visiting and using the site.
'Products' : all goods (both physical and intangible) and services that it is possible to buy or to which it is possible to
subscribe to on the site.
'Customer ': the user buying a product or service on the site.
Mentions imposed by French trust law in the digital economy and site
purpose
The website http://www.olivierdurbano.com is published by Pierres Poèmes SAS.
Legal mentions concerning the website host and publisher can be found in the website Legal Notices ; web site policy
regarding the gathering and use of its users data can be found in the website Privacy Policy.
The purpose of the site is the following : "vente en ligne".
The site is free to access by any Internet user. The acquisition of a product, creation of an account on the site, and in
a broader sense navigation on the site implies acceptance by the user of the whole current Terms and Conditions, the
user thus acknowledging to have taken full knowledge and accepted the latter. For instance the collection of this
acceptance can be materialized as a checkbox next to the sentence: "I have read and accepted the terms and
conditions of this site.". Ticking this box will be considered to have the same value as a handwritten signature from the
user. The user recognizes the value of evidence from the site automatic recording systems and, unless able to provide
evidence to the contrary, will not contest this evidence in the event of a complaint.
The acceptance of these Terms and Conditions implies on the part of the user that he or she does have the legal
capacity necessary to do so. If the user is a minor or has not the legal capacity to enter into contracts, he or she
declares having the consent of a parent or legal guardian.
Characteristics of products and services offered
The goods and services offered are those listed in the catalog published on the site. These products are offered
subject to stock availability. Each product is listed along with a description provided by the publisher based on
descriptions provided by the supplier. The product images and information texts available reflect the product as much
as possible but the publisher cannot guarantee that all pictures accurately reflect the true appearance of the products.
The site customer service is available by e-mail at the following address: olivierdurbano@olivierdurbano.com or
through mail at this address 34 rue des Francs Bourgeois, 75003 Paris in case of which the publisher agrees to
provide a response within 7 days.
Prices
The prices listed in the catalog are prices shown in Euros excluding taxes (HT).
Pierres Poèmes reserves the right to change prices at any time. However, only the price appearing in the catalog on
the day of the order shall be applicable to the buyer.
Member account
The registered user on the website (member) has the ability to access his or her account by logging in, using the
e-mail address specified during registration and a password or using third-party social network login buttons. The user
is responsible for protecting the password he or she has chosen, and is encouraged to use complex passwords. In
case of forgotten password, the member can ask for a generate a new one. This password is the guarantee of
confidentiality of information contained in the user account, and the user will refrain from transmitting or
communicating it to third parties. Otherwise, the site will not be held liable for unauthorized access to a user account.
Creating an account is a prerequisite to any order or member contribution on this site. To this purpose, the member
can be asked to provide a few personal information. The member agrees to provide accurate information.
Data collection purpose is the creation of a member account ; this account allows the customer to check all orders
made on the site with the account. The site publisher can not be held responsible if the data contained in the account
were to disappear as a result of a technical failure or force majeure event, this information having no probative value,
but only an informative one. The account pages are freely printable by the given account holder but cannot be taken
as evidence ; they only have informative value and aim to effectively help the member to manage his or her orders or
contributions.
The publisher reserves the exclusive right to delete the account of any member who may have breached these Terms
and Conditions, including but not limited to the following cases :
- the member has knowingly provided false information during his or her registration and the creation of an account
- the member has been inactive on the site for at least a year.
Said deletion cannot be considered harmful to the excluded member, who can not claim any compensation for this the
account deletion. This deletion does not prevent the publisher to initiate legal actions or a lawsuit against the member,
should the facts warrant it.
Publisher waiver of responsibility
Failure to connect to the website is not considered harmful to the users, and will not result in any right to any kind of
compensation. The unavailability of the site, even extended without any time limit and concerning one or several
products, can not be considered harmful to users and can not result in the award of damages from the publisher. The
photographs and visual products presented on the site have no contractual value, the responsibility of the publisher of
this site can not be engaged if product specifics are different from their displays on the site, or if they are incorrect or
incomplete.
The hypertext links on the current website may refer to other sites and the responsibility of the publisher of the current
website can not be engaged if the content of these sites contravenes the laws. The current website publisher will not
be held responsible of any harm caused to the user by his or her visit on those third-party sites.
Intellectual property rights relating to information published on this site
Unless otherwise stated, the publisher or its licensors own the intellectual property rights of the website and of
material on the website. Copying any content, including but not limited to logos, text content, pictures or videos is
strictly prohibited and will be considered counterfeiting. Any user found guilty of counterfeiting would likely see his or
her account deleted without notice or compensation, this deletion not preventing the publisher or its representative to
initiate legal actions or a lawsuit against the member, should the facts warrant it.
Brands
Trademarks and logos appearing on the site are deposited by the publisher or possibly by one of its partners. As such,
any person proceeding to their representations, reproductions, interweavings, distribution and reruns incurs to
penalties foreseen in the articles L. 713-2 and following of the French Code of the intellectual property.
Limitation of Liability
The publisher, especially in the online sales process, is bound by an obligation of means; he can not be held liable for
damages resulting from the use of the Internet network such as data loss, hacking, viruses, failure in service, or other.
The publisher can not be held liable for breach of contract due to a force majeure event, including but not limited to
total or partial strike of postal services, carriers, or disasters caused by floods or fires. Regarding purchased products,
Pierres Poèmes shall not be liable for any consequential damages because of present, trading loss, operating loss,
loss of profit, damage or expense that might arise. The choice and purchase of a product are under the sole
responsibility of the customer. The total or partial inability to use such product due to incompatibility of equipment
cannot lead to any compensation, reimbursement or questioning the responsibility of the publisher, except in the case
of a proven hidden defect, non-compliance, damaged good, or genuine exercise of rights of withdrawal (if the
customer is not a professional and withdrawal right is applicable to the contract, according to the article L 121-21-8 of
the French Code de la consommation). In case of non delivery of an order or part of an order, the customer has up to
six months (starting at the departure from the warehouse) to come forward. No claim will be accepted beyond this time
period.
The user expressly agrees to use the site at his own risk and under his sole responsibility. The site provides the user
with indicative information and flaws, errors, omissions, misstatements and other ambivalences may exist. In any
event the publisher will no be liable for :
- any direct or indirect damage, including but not limited to lost profits, revenue shortfall, loss of customers or data that
may result from the use of this site or conversely the inability to use it;
- any malfunction, impossibility of access, misuse, improper configuration of the user's computer, or for the use by the
user of an unusual browser;
- the advertisements content and other links or external sources the user may access through the site.
Accessibility
The publisher cannot be liable for any technical hinderance of the connection to the website, including but not limited
to hinderance due to a force majeure event, a maintenance, an update, changes being made on the site, an
intervention by the hosting company, an internal or external strike, a network outage, a power failure, or a bad setup
or operation of the user computer.
Account deletion
Members are free to delete their account on the site. In order to do so, the member can send a e-mail to the website
stating that he or she wants to delete the account. No data recovery is possible after account deletion.
Miscellaneous
These Terms and Conditions are subject to the application of French law. They may be modified at any time by the
published or one of its representative. The Terms and Conditions applicable to the user are those in effect on the date
of the order or of the connection to the site. The publisher obviously agrees to archive its older version of the Terms
and Conditions, and to send them to any user who so requests.
Excepting public policy provisions, any dispute that may arise regarding the execution of these Terms and Conditions
may be submitted to the discretion of the publisher with a view to a friendly settlement, before any legal proceedings.
It is expressly stated that the claims for friendly settlements do not suspend nor set aside the deadlines fixed for
instigating legal proceedings. Unless otherwise provided by public policy provisions, any legal proceedings regarding
the execution of this contract shall be subject to the jurisdiction of the Court of Appeal that has been referred to.
Use of cookies
Cookies allow the site to identify its users, customize their browsing experience and speed up the display of the site
pages through a data file saved on their computer or device. Cookies are typically used on the site to 1) gather user
navigation data to provide analytics and optimize user experience and 2) allow the user to log in to and access
password-protected pages, including but not limited to his or her account pages.
The user acknowledges he or she has been informed of thie use of cookies on the website, and authorizes the
website and its publisher to use it. Pierres Poèmes agrees to never disclose the content of these cookies to third
parties, except except in the course of legal proceedings. The user can refuse the use of cookies or configure his or
her browser to be notified prior to their use. To do this, the user can proceed as follows :
- For Internet Explorer : http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
- For Safari : https://support.apple.com/fr-fr/ht1677
- For Google Chrome : https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
- For Firefox : https://support.mozilla.org/fr/kb/activer-desactiver-cookies
- For Opera : http://help.opera.com/Windows/10.20/fr/cookies.html
Order-placing and purchasing processes
The "Basket" will be defined as an immaterial container with all the goods or services selected by the user for a
purchase by clicking on them. As soon as the user deems to have selected and added to the basket all the products
he or she wish to buy, the user will have the possibility to access the basket by clicking on a link or button provided for
this purpose, and where he or she can confirm the order. The user will then be redirected to a summary page on
which the number, characteristics and unit price of the ordered products will be listed for he or she to review.
If the user wishes to confirm the order, he or she must tick the dedicated checkbox to show acceptance of these
Terms and Conditions of Sale and hit the submit button. The user will then be redirected to a page where he or she
will fill the order form fields by entering some personal data necessary to the placing of the order. Once the user has
completed and submitted the form, he or she will be redirected to the online payment page where the user can make
online payments by credit card or by bank transfers, or will access the required information to send a bank check. An
e-mail will shortly be sent to the user, confirming the order and listing its specifics and price.
Sold products remain the property of the seller until full payment of their price, in accordance to the present title
retention clause.
Payment Information
The user can place order on this site and pay by carte bancaire. The credit card payments are made through secure
transactions provided by an online payment platform provider.
This site has no access to any user payments data. Payment is made directly to the bank or online payment platform
provider. If the user is paying by bank check or transfer, delivery time periods defined in these Terms and Conditions
shall only run from the date the seller actually receives the payment, the seller having full choice of means to prove
this date. Product stock availability is listed on the site, in the description of each item.
Delivery or dissemination
Delivery costs will be shown to the customer before any payment. The site has no geographical limitation for delivery,
orders can be shipped anywhere in the world.
The publisher promises to send the products within a maximum period of 30 days after receiving the order.
The buyer is responsible for checking the conformity of the goods delivered at the time of delivery. Any anomaly
concerning the delivery (damage, missing product as compared to the delivery order, damaged package, broken
product ...) must be indicated by the buyer on the delivery form, as handwritten reserves, accompanied by his or her
signature. The buyer will open any defective or damaged package in the presence of the carrier and have the latter
bring back the damaged merchandise. The buyer will also confirm this anomaly by sending a letter by registered post
with proof of receipt to the carrier, within 24 hours of receiving the order, stating the said claims, and sending a copy of
those to Pierres Poèmes within the same time frame and conditions. It the buyer fails to comply with these
requirements and if, by doing so, the seller looses any possibility of appeal against the carrier, the buyer alone will
bear the consequences of the damage done to the products.
Any claim not made in the rules defined above and within the defined time periods will not be taken into account and
will release Pierres Poèmes from any liability towards the buyer. Upon receiving the claim, the publisher of the website
will communicate through email, fax or phone with the buyer on how to exchange the products.
In case of delivery error, any product to exchange or refund must be returned to Pierres Poèmes, whole, in perfect
condition and in its original packaging by the carrier who delivered it in the first place. The publisher will not be liable
for any defects resulting from a mistake or incorrect operation by the buyer. Pursuant to article L.121-21 and
paragraphs of the French Code de la Consommation, the buyer can wait up to 14 working days from the date of order
delivery to return any product that does not suit him or her and to ask for an exchange or refund without penalty,
except for return shipping costs, within 14 working days of his or her requets. The product must be returned in perfect
condition and the undamaged original packaging. If applicable, it must be returned along with all its accessories. If the
above terms are not met, the buyer will lose his right of withdrawal and the product will be returned at his or her
expense. The return costs in case of withdrawal must be paid by the buyer, and the latter must be able to prove the
return of the product through a tracked parcel.
After receiving and confirming the return, the publisher will proceed to a refund by bank check or transfer. To insure
proper processing of the request, the customer is asked to attach a copy of the invoice.
If the package is returned to the buyer by post, Pierres Poèmes will contact the buyer upon receiving the package to
ask for further action concerning his or her order. If the buyer refused the package by mistake, he may request the
package to be sent again by paying in advance the shipping cost for the renewed shipment. This cost must be paid
even for orders whose shipping was free when ordering.
Any delay in delivery superior to seven business days may result in the cancellation of the sale to the consumer
initiative, upon written request from him or her by registered post with proof of receipt. The buyer will then be refunded
within a maximum period of fourteen days all the costs involved when ordering. This clause wil not apply if the delay in
delivery is due to a strike of the staff employed by the carrier, or due to a force majeure event beyond the control of
the publisher. In such cases, the buyer agrees not to exercise prosecution against the publisher and waives his or her
right to the cancellation of the sale as defined earlier in these Terms and Conditions of Sale.
Products warranty
All products purchased on this website are protected by the following legal guarantees (French Code Civil) ;
Guarantee of conformity :
According to Articles L. 211-1 to L. 212-1 of the French Code de la Consommation, the seller must deliver goods in
conformity with the contract and is responsible respond for defects existing during product delivery. The guarantee of
conformity may be exercised if a defect were to exist on product delivery, or if the defect appears within 24 months
following the delivery date (6 months if the order was placed before March 18th, 2016 or the item sold is a used one).
However, after this period of 24 months (6 months if the order was placed before March 18th, 2016 or the item sold is
a used one), it will be up to the customer to prove that the defect existed at the time of delivery.
Hidden defects guarantee :
According to Articles 1641 to 1649 of the French Code Civil, the customer may request the exercise of a hidden
defects guarantee if the considered defects do not appear at the time of delivery, predated the purchase (and
therefore does not result from normal wear of the product, for example) and be serious enough (the defect must
render the product unfit for the use for which it is intended, or hinder this use to such an extent that the buyer would
not have bought the product or would not have purchased it at such a price if he or she had known the default).
In case of non-conformity of a product sold on the site, it can be returned to the publisher who will refund or exchange
it. All claims of exchange or refund must be made by post to the following address : 34 rue des Francs Bourgeois,
75003 Paris or by e-mail at olivierdurbano@olivierdurbano.com within thirty days of the date of delivery. Return
merchandise shipping costs are the responsibility of the buyer. If a product exchange is not possible (e.g. obsolete or
out of stock product) the buyer will be reimbursed by bank check for the amount of the order minus the carrier costs
related the sending of the initial order.
Archiving
The publisher will archive purchase orders and invoices on a reliable and durable medium, as a true copy in
accordance with the provisions of Article 1348 of the French Code civil. Digital records will be considered by both
parties as proof of communications, orders, payments and transactions between them.
Terms and Conditions framework
If any of these terms and conditions should be declared null and void by a court, such nullity shall not extend to any
other clauses, which continue to be in effect. The present Terms and Conditions describe the entire agreement
between the user and the website. They supersede all previous or contemporary written or oral agreements. The
Terms and Conditions are not assignable, transferable or sublicensable by the user himself.
A printed version of the Terms and any notice given in electronic form may be requested in judicial or administrative
proceedings in connection with the terms and conditions. The parties agree that all correspondence relating to these
Terms of Use, shall be in the French language.
Notice
Any notice concerning the Terms and Conditions, Legal Notices or Privacy Policy must be made in writing and
delivered by hand, by registered or certified mail, by post or any other well-known courier service at national level that
allows regular review of its prices and conditions, or by e-mail, using the addresses mentioned in the Legal Notices of
this website, stating your full name, contact details and subject of the notice .
Claims
Any claim or cause of action you may have with respect to your use of this website, its pages, services or the social
network pages of the publisher, or which is the subject of these Terms and Conditions must be initiated within one (1)
year after the claim or cause of action arises. If it is not, such a claim or cause of action will never be applicable before
a court.
Inaccuracies
It is possible that there are, on the whole website and the services offered, and to a limited extent, inaccuracies or
errors, or information that is at odds with the Terms and Conditions, Legal Notices or Privacy Policy. In addition, it is
possible that unauthorized modifications happen to be made by third parties on this site or related services (social
networks ...). We make every effort to ensure that such discrepancies be corrected.
In case we miss one, please contact us using the addresses mentioned in the Legal Notices of this website, to give, if
possible, a description of the error and location (URL), as well as sufficient information for us to be able to contact you.
For requests involving copyright, please refer to the section of this document related to intellectual property.
Model withdrawal form
This model can be used by any customer, within the limits and conditions stated in the present Terms and Conditions
of Sale, to ask for a withdrawal from any contract with Pierres Poèmes concluded when placing an order on the
website.
----------
To: Pierres Poèmes SAS, 27, traverse de la Paoute 06130 Grasse - France
I/We* hereby give notice that I/We* withdraw from my/our* contract of sale of the following goods*/provision of the
following service*
Ordered on*/received on*
Name of consumer
Address of consumer(s)
Signature of consumer(s) (only if this form is notified in writing)
Date
*Delete as appropriate.
----------
Tous droits réservés – 10 mars 2016