Terms of sale

PREAMBLE

Please carefully read these Terms and Conditions of Sale and Terms of Use for the website antoinettepoisson.com. You can also print out the full text by clicking here.

 

1 – IDENTIFICATION OF THE SELLER

These terms and conditions of sale apply to sales defined hereinafter made by the company ANTOINETTE POISSON SARL, a French limited liability company with a capital of €2000, whose registered office is at 12 rue Saint Sabin – 75011 Paris, France, which is registered in the Paris Trade and Companies Register under the number 752467951. Its SIRET number is 75246795100022 and its intra-community VAT number is FR77752467951. Its phone number is: +33 (0)2 97 35 44 67.

 

2 – SCOPE OF APPLICATION AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF SALE

The purchase of products offered for sale on the website antoinettepoisson.com (hereinafter referred to as the "Site") is subject to the present terms and conditions of sale ("Terms and Conditions of Sale").

The Site enables online ordering via the Internet from the ANTOINETTE POISSON company of a range of products (hereinafter referred to as a/the "Product(s)") from the said company's collection.

Antoinette Poisson may update these Terms and Conditions of Sale at any time. The customer may acquaint themselves at any time with the Terms and Conditions of Sale in force by going to the Site's "Terms and Conditions of Sale" section. The sale contract between the Customer and Antoinette Poisson will include the terms governing your order and the terms and conditions of sale applicable at the time of your purchase, that will apply to the exclusion of all other general terms and conditions and any implicit commercial conditions or business practices and the customer's terms and conditions of purchase.

In addition, whenever a Customer makes a purchase on the Site, they will be asked to confirm their acceptance of the version of these Terms and Conditions of Sale in force on the date on which they place their order, before validating their order. To denote their acceptance, the Customer must tick the checkbox "I have read and accept the Terms and Conditions of Sale".

 

3 – INFORMATION CONCERNING THE SITE AND ACCESSIBILITY

In principle, the Site is accessible to all Internet users 24/7, except in the case of access to it being interrupted, whether on a scheduled basis or not, by Antoinette Poisson or its service providers, for the requirements of maintenance and/or security or in cases of force majeure (as defined hereinafter). Antoinette Poisson cannot be held liable for any damage, regardless of its nature, resulting from unavailability of the Site.

Antoinette Poisson does not guarantee that the Site will be free of anomalies, errors or bugs, or that the Site will function without any interruptions or outages. With regard to this it may freely determine entirely at its discretion any period of unavailability of the Site or its content. Neither can Antoinette Poisson be held liable for any problems concerning the transmission of data, connections or network unavailability.

Antoinette Poisson reserves the right to modify the Site, for technical or commercial reasons.

All texts, images, videos and audio material presented on the Site are reserved, worldwide, with regard to copyright and intellectual property rights; their reproduction, even partial, is strictly prohibited.

 

4 – PRODUCTS

The Products offered for sale are those described on the Site on the day on which it is visited by the Customer, within the limit of available stocks. This information is automatically updated in real-time. However, Antoinette Poisson cannot be held liable for any updating error, regardless of its origin. On this score, Antoinette Poisson cannot be held liable for cancellation of an Order for a Product owing to its unavailability.

Antoinette Poisson takes the greatest possible care when presenting and describing its Products, in order that Customers have full information concerning them. It is possible however that errors may be present on the Site, which the Customer acknowledges and accepts.

Antoinette Poisson does not guarantee the accuracy or reliability of information transmitted or obtained via the Site. Consequently, photographs, graphics and descriptions of products offered for sale are a guide only and Antoinette Poisson cannot assume any liability for their accuracy. In particular, the photographs illustrating the Products may vary slightly from reality owing to the Customer's screen settings or the lighting when they were photographed.

The Site does not enable bespoke orders to be taken. These terms and conditions of sale do not therefore apply to bespoke orders. For requests for bespoke orders please contact our customer service department by email at the address info@antoinettepoisson.com or by phone at +33 (0)2 97 35 44 67 from Monday to Friday from 9 a.m. to 5 p.m.

 

5 – ORDERS AND THE ORDER PROCESS

Orders shall be placed on the site www.antoinettepoisson.com.

To place an Order on the Site the procedure set in place by Antoinette Poisson, consisting of successive stages resulting in validation of the Order, must be followed.

• Access the Site
• Follow the instructions available on the Site to open a customer account or identity yourself as a Customer or place an order without creating an account.
• The Customer may select as many Products as they wish. These Products will be added to their shopping cart (the "Shopping Cart"), which shows the Products chosen by the Customer and the prices and associated charges. The Customer may freely modify the contents of the Shopping Cart before validation of their Order.
• Check the elements comprising the Order and identify and correct any possible errors.
• Validation of the Order equates to its being signed by the Customer and confirmation of their acceptance of the Terms and Conditions of Sale, unreservedly and without any exceptions (the Customer declares that they are fully acquainted with them), the Products purchased, their prices and the associated charges.
• Follow the instructions issued by the online payment processor in order to pay the Price.

All the data provided and the confirmation recorded will constitute proof of the transaction and acceptance of the operations carried out.

• A confirmation email containing a summary of the Order (Product(s), price(s), availability of the Product(s), quantity, etc.) will be sent to the Customer by Antoinette Poisson. To that end, the Customer formally accepts the use of email for confirmation by Antoinette Poisson of the content of their Order.
• A despatch confirmation email accompanied by the invoice will be sent to the Customer by Antoinette Poisson.

The Antoinette Poisson SARL company reserves the right to cancel any order for any reason whatsoever, especially in the case of a procurement problem, or in the case of any difficulty concerning the order received. In this case, the customer will be given a full refund for the amount of their order.

 

SAMPLES

Antoinette Poisson also offers Customers the possibility of ordering one or more samples of wallpapers and fabrics.

To obtain a sample or samples, the Customer should make their selection by visiting the page for each product concerned and then following the same order process.

 

6 – PRICES

The prices for the products are indicated in euros including all taxes (VAT and any other taxes that may be applicable on the day of the order), unless otherwise indicated. They do not include shipping and handling fees.

In the case of orders to be delivered to a country other than Metropolitan France, the customer will be the importer of the product(s) concerned. Customs duties and/or other local taxes, import taxes or State taxes may be payable. These duties and sums do not fall within the responsibility of the Antoinette Poisson company. They will be payable by the customer, who will be solely responsible for them, with regard to both necessary declarations and the payments to be made to the competent authorities and bodies in the country of destination.

The price for products is payable in full at the time an order is placed.

All orders, regardless of their origin, are payable in euros.

The Antoinette Poisson company reserves the right to change its prices at any time, but products will be invoiced on the basis of the price in force at the time of validation of an order, subject to availability.

Products will remain the property of the Antoinette Poisson company until the price for them has been paid in full.

Attention: as soon as the customer takes physical possession of products ordered, the risks of loss or damage to the products are transferred to them.

 

7 – PAYMENT TERMS

The act of validating an order entails an obligation for the customer to pay the price indicated.

Purchases may be paid for by bank transfer, credit card or PayPal. It is not necessary to have a PayPal account in order to pay by PayPal. In the case of payment by credit card, information concerning the credit card used is encrypted using the SSL 128 (Secure Socket Layer) protocol and is never transmitted in unencrypted form over the network. Payment is made directly by electronic interaction with the bank. Under no circumstances does Antoinette Poisson ever have access to this data, and does not store it on its servers. It is for this reason that credit card information is requested again whenever a new transaction is carried out on our Site.

 

8 – RIGHT OF WITHDRAWAL

Antoinette Poisson does not carry out exchanges.

In accordance with the provisions of Article L.121-18 of the French Consumer Code, the Customer benefits from a right of withdrawal period of 14 (fourteen) days as from receipt of the products, during which they may exercise their right of withdrawal without having to provide any reasons for this or pay a penalty. After this period of fourteen (14) days, the sale is firm and definitive.

The right of withdrawal may be exercised by email by writing to info@antoinettepoisson.com or by sending a letter using the right of withdrawal template available here to the address 2 place au Bois – 56290 Port-Louis, France.

Products must be returned in their original and complete condition (packaging, accessories, manual).The Customer is liable in this context for any failure to comply with this obligation. If a product returned has suffered any damage this may void the right of withdrawal.

The cost of return delivery is payable by the Customer.

If the right of withdrawal is exercised, the Antoinette Poisson company will refund the sums paid within 14 (fourteen) days following notification of your request, by the same means of payment as those used when the order was paid for.

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

In accordance with the provisions of Article L-221-28 of the French Consumer Code, the right of withdrawal does not apply to sales of items that are clearly personalised or were made to the Customer's specifications, or to any products that have been modified by the Customer or a third party.

 

9 – AVAILABILITY

Our products are available for purchase as long as they are visible on the Site. www.antoinettepoisson.com.

They can be added to the shopping cart by clicking on "Add to shopping cart" or, if the Item is not available, by clicking on "Available to order" - in this case the availability time will be 4 weeks as from receipt of payment.

The website www.antoinettepoisson.com is not intended for the sale of its products in large quantities. Consequently, the Antoinette Poisson company reserves the right to refuse orders for more than 6 (six) identical items. To order more than 6 (six) identical items, please contact us by email at the address info@antoinettepoisson.com or by using the Site's contact form.

 

10 – DELIVERY

Products will be delivered to the delivery address indicated during the order process.

Orders are only prepared and delivery times begin once full payment has been received by Antoinette Poisson.

Deliveries cannot be made to hotels or PO boxes. The delivery charges applicable to Orders are those indicated on the Site at the time of the order.

The Customer has the possibility of choosing between:

• despatch by the French Post Office via its Colissimo service with signed for delivery within 5 to 10 days for Metropolitan France and 8 to 30 days for other destinations.
  

• Express delivery within 1 to 2 days in Metropolitan France and 2 to 6 days for other destinations.

It is the responsibility of the customer to refuse to take delivery of any parcel with signs of damage or whose packaging was damaged during its transport, at the time of delivery by the carrier. If a damaged parcel is accepted by the customer, it equates to acceptance of the goods in the condition in which they are to be found, and the Antoinette Poisson company cannot be held liable for any damage caused to the goods by the carrier.

In the case of transport-related damage to the box itself or the Antoinette Poisson products being noted, the Customer undertakes to note this on the carrier's delivery slip. The Customer undertakes to submit their claims, in the case of damaged, non-conforming or defective products, within a timeframe of 48 hours following receipt of the goods, accompanied by photos supporting their claims, by sending an email to info@antoinettepoisson.com. If no claim is made or reservation expressed on this score within this timeframe, the products cannot be taken back or exchanged. Any damaged Antoinette Poisson product will be replaced. The timeframe for this replacement, that will vary according to the product, the quantities concerned and available stocks, will be confirmed to the Customer after their claim has been submitted.

If there is a delay in the despatch of an order, an email will be sent to the Customer to inform them of the possible impact on the delivery time indicated to them.

If Antoinette Poisson fails to fulfil its obligation to deliver the product(s) or provide the service by the date or within the timeframe provided for in the first paragraph of Article L. 216-1 of the French Consumer Code or, failing this, at the latest thirty days after the conclusion of the contract, the Customer may cancel the contract, by means of a letter sent by recorded delivery with return receipt or a document on another durable medium, if, after having requested Antoinette Poisson by the same means to deliver the product(s) or provide the service within a reasonable additional timeframe, Antoinette Poisson fails to do so within this timeframe.

The contract shall be considered as cancelled on receipt by Antoinette Poisson of the letter or document informing it of this cancellation, unless Antoinette Poisson has delivered the product(s) or provided the service in the meantime.

The Customer may cancel the contract immediately if Antoinette Poisson refuses to deliver the product(s) or provide the service or if has not fulfilled its obligation to deliver the product(s) or provide the service by the date or within the timeframe provided for in the first paragraph of Article L. 216-1 of the French Consumer Code and this date or timeframe constitutes for the Customer an essential condition of the contract. This essential condition will result either from the circumstances surrounding the conclusion of the contract or an express request made by the consumer before the conclusion of the contract.

If the contract is cancelled under the conditions provided for in Article L. 216-2 of the French Consumer Code, Antoinette Poisson shall refund all sums paid to the consumer, at the latest within fourteen days following the date on which the contract was cancelled.

In the case of delivery by a carrier, the Antoinette Poisson company cannot be held liable for late delivery if this is due exclusively to unavailability of the customer after several propositions have been made concerning the delivery date and time.

 

11 – WARRANTY

All our products benefit from the statutory guarantee of conformity and the guarantee against hidden defects provided for in Articles 1641 et seq. of the French Civil Code. Any non-conforming products sold may be returned, exchanged or be the subject of a refund.

The warranty provided by Antoinette Poisson to its Customers is limited to normal use of the Products in accordance with their intended use.

Consequently, Antoinette Poisson does not guarantee its Products in the following situations:

• The Products are modified by the Customer or any third party,
• The materials constituting the Product are altered as a result of storage conditions or maintenance/care that is incorrect or does not correspond to Antoinette Poisson's recommendations.

All claims and requests for refunds must be made within 30 days of delivery by means of an email sent to the address info@antoinettepoisson.com or a letter sent to 2 Place au Bois - 56290 Port-Louis, France.

Products must be returned to Antoinette Poisson in the condition in which they were received by the Customer with all associated elements (accessories, packaging, manual, etc.). The delivery charge will be refunded to the Customer on the basis of the price invoiced,  and the cost of return delivery will be refunded to the Customer on presentation of proof of the price paid.

The provisions of this Article do not prevent customers from benefitting from the right of withdrawal provided for in Article 8.

 

12 – FORCE MAJEURE

If a force majeure event occurs that prevents the fulfilment of an Order or the performance of these Terms and Conditions of Sale, Antoinette Poisson shall inform the Customer of this within fifteen (15) days as from the occurrence of this event, by means of an email or a letter sent by recorded delivery with return receipt. It is expressly specified that cases of force majeure or exceptional circumstances are considered as being, in addition to those habitually retained by the case law of the French courts and courts of appeal, full or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, acts of terrorism, bad weather, epidemics, pandemics, blockage of means of transport or supply for any reason whatsoever, earthquakes, fires, storms, flooding, water damage, governmental or legal restrictions, legal or regulatory modifications to forms of commercialisation, computer breakdowns, telecommunications blockages, including blockage of wired or wireless telecommunications networks, and any other cases outside the control of the parties that prevent the normal performance of the contractual relationship. All the parties' obligations will be suspended throughout the entire duration of the case of force majeure, without any compensation being due.

If a case of force majeure lasts for more than three (3) months, the transaction concerned may be cancelled at the request of either Antoinette Poisson or the Customer, without any compensation being due to or from either party.

 

13 – RETENTION OF TITLE

Antoinette Poisson will retain sole and exclusive ownership of Products sold until it has received the full price for them, in principal and charges and including obligatory taxes and contributions.

 

14 – LIABILITY

The products offered for sale conform to the French legislation in force. The Antoinette Poisson company cannot be held liable in the case of non-compliance with the legislation of the country where its products are delivered. It is your responsibility to verify with the local authorities the possibility of importing or using the products or services that you envisage ordering.

In addition, the Antoinette Poisson company cannot be held liable for any damage resulting from incorrect use of products purchased.

Lastly, the Antoinette Poisson company cannot be held liable for any inconvenience or damage inherent to use of the Internet network, in particular interruption of service, an external intrusion or the presence of a computer virus.

 

15 – APPLICABLE LAW IN THE EVENT OF A DISPUTE

The language of this contract is French. These terms and conditions of sale are governed by the laws of France. In the event of a dispute arising, the French courts alone will have jurisdiction.

 

16 – INTELLECTUAL PROPERTY

All the elements on the site www.antoinettepoisson.com are and will remain the exclusive intellectual property of the Antoinette Poisson company. No one is authorised to reproduce, exploit, redistribute or use on any score whatsoever, even partially, any elements of the Site, whether these consist of software, visuals or audio material. The creation of any ordinary links or hyperlinks to the Site without the express written consent of the Antoinette Poisson company is strictly prohibited.

 

17 – PERSONAL DATA

The Antoinette Poisson company reserves the right to collect personally identifiable information and personal data concerning you. They are necessary for the management of your order and improvement of the services and information that we provide to you.

They may also be transmitted to companies which contribute to these relations, such as companies responsible for providing services and fulfilling orders, for their management, performance, processing and payment.

This information and data is also kept for security purposes, in order to comply with the legal and regulatory obligations in force.

In accordance with the provisions of the French law of 6 January 1978, you have the right to access, have rectified and oppose the storage of personally identifiable information and personal data concerning you, directly on the website. In accordance with the provisions of the French "Information Technology and Civil Liberties" law of 6 January 1978, the customer and visitors to the Site have the right to access and request the modification, rectification or deletion of personal data concerning them. To exercise this right, the Customer or Site visitor must make a request by email using the contact form placed at their disposal on the Site.

In accordance with the provisions of the French law of 6 January 1978 on information technology, files and civil liberties, and Article 43 of the French law of 30 September 1986, as amended, the Site www.antoinettepoisson.com has been the subject of a declaration made to the French Data Protection Authority ("Commission Nationale Informatique et Libertés" (CNIL)), which issued a receipt for it under the number Opinion no. 1790996v0.

 

18 – ARCHIVING PROOF

The Antoinette Poisson company will archive purchase orders and invoices on a reliable and durable medium constituting an accurate copy in accordance with the provisions of Article 1348 of the French Civil Code.

The Antoinette Poisson company's computerised records will be considered by all the parties concerned as proof of communications, orders, payments and transactions that have taken place between the parties.