TERMS AND CONDITIONS
Last Updated 20 April 2019 - Version 4
1 - Introduction
1.2 - Business Day: a day other than a Saturday, Sunday or public holiday.
1.3 - Event Outside Our Control' means causes beyond the Company’s control: governmental actions, war or the threat of war, acts of terrorism, disasters (natural or other), fires, riots, sanctions, blockades, embargoes, shortage of labor, fuel, materials, supplies, manufacturing facilities, or transportation, subcontractor delay. Other delays, condition or circumstance not within the Company’s control can also apply.
1.4 - Goods' means the goods listed on our website ('the Website') and in our catalogue and brochure which we may supply.
1.5 - Services' means the services listed on the Website, and in our catalogue and brochure which we may supply as well as bespoke orders.
1.7 - By ordering any of the Goods or Services or Goods and Services, you agree to be legally bound by these Conditions. You will be unable to proceed with your transaction if you do not accept these terms and conditions.
1.8 - Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes.
1.9 - Our store is hosted on Wix. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
2 - About us
This Website is owned and operated by Ariane Prin ('we'/'us'/'our') (trading as PRIN®), of 30 rue du Pressoir, 75020 Paris, France. Our email address is firstname.lastname@example.org.
3 - Overseas orders
3.1 - We accept orders from individuals located worldwide, subject to you paying for shipping costs.
3.2 - Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
3.3 - If we agree to supply any goods ordered from our catalogue or the Website for delivery outside France, they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including the cost of delivery (in the case of goods). Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.
4 - Eligibility to purchase from us
4.1 - To be eligible to purchase the Goods and Services and lawfully enter into and form a contract with us, you must be 18 years of age or over.
4.2 - We reserve the right to refuse service to anyone for any reason at any time.
5 - Price
5.1 - The prices of the Goods and Services are quoted on the shop page. Prices do not include the costs of delivery of the Goods, transportation, packaging, insurance or other transportation charges.
5.2 - The costs of delivery of the Goods will be shown separately on the order page and added to the amount payable by you.
5.3 - Unless otherwise stated, the prices quoted exclude VAT (we are not VAT registered).
5.4 - All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
5.5 - We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
6 - Taxes, customs and import restrictions
The prices quoted are exclusive of all state, national, federal or local taxes. Sales taxes or value added taxes are not included in the price. All customs duties, tariffs, taxes, special assessments or restrictions are sole responsibility of the customer. The customer is solely responsible for the payment of the above.
7 - Payment
7.1 - Payment can be made by any major credit or debit card.
7.2 - By placing an order, you consent to payment being charged to your debit/credit card account as provided on the order form.
7.3 - If you pay us by credit or debit card we will take payment from your card for the Goods when we dispatch the Goods to you.
7.4 - For Services, a quote will be sent and will have to be approved and signed by you. We will then send an invoice for the order to be placed of a non-refundable mobilisation fee of 50% of the total project fee. This is required to start the production. A second invoice will be sent at completion for the remaining payment and will have to be paid by you before the order can be shipped and Services provided.
7.5 - You must pay the amount of our invoice within 15 days of the date of invoice.
7.6 - We shall contact you if any problems occur with the authorisation of
8 - Interest
8.1 - Unless clause 7.2 applies, you must pay us interest on any amounts you owe us and fail to pay us on the due date at the rate of 3% a year above the base lending rate of Nationwide from time to time, accruing daily from the due date until the date of payment, whether before or after judgment.
8.2 - We will not charge you interest
8.2.1 - for the period of dispute in respect of an invoice that you dispute in good faith, provided you have advised us within a reasonable time of receiving it that you dispute it and your basis for disputing it.
8.2.2 - until after we have performed the services again if we have a duty to do so.
9 - Order process and formation of a contract
9.1 - Our Website, catalogue and brochure merely illustrate our Goods. Your computer may not accurately display the colours of the Goods. Although we aim to accurately depict our Goods, there may be differences between the colours of the Goods delivered to you and those shown on our Website and in our catalogue and brochure.
9.2 - We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
9.3 - All orders are subject to acceptance and availability. If we are unable to supply you with the Goods or Services or Goods and Services in your order due to matters such as unavailability of stock, materials, key staff or an Event Outside our Control or because we have identified a mistake in the description of the Goods or Services or Goods and Services or the price stated by us, we will notify you. We will not proceed with the order and will refund any sums you have paid us.
9.4 - Any order placed by you for the Goods or Services or Goods and Services constitutes an offer to purchase them from us.
9.5 - A 'Confirmation Notice' means an email which we send to you to confirm that we have dispatched the Goods and/or shall be providing the requested Services. A Confirmation Notice will be our acceptance of the offer made in the order to which that Confirmation Notice relates.
9.6 - A contract between you and us for the supply of the Goods or Services or Goods and Services (the 'Contract') incorporating the version of these Conditions in force at the time of your order will come into existence when we send you the Confirmation Notice relating to your order. You may print and keep a copy of the Confirmation Notice for future reference.
9.7 - If you think that there is a mistake in the Confirmation Notice or if you wish to make any changes, please contact us to discuss this. If you request a change, we will tell you if that is possible and about any changes to the price, delivery or performance dates or any other changes that we need to make as a result of your request. We will ask you if you wish to go ahead with the change.
9.8 - We may make
9.8.1 - minor technical adjustments to the Goods to improve them or to comply with relevant laws and regulatory requirements,
9.8.2 - changes to these Conditions as a result of changes in any relevant laws and regulatory requirements,
9.8.3 - changes to these Conditions as a result of changes in how we accept payment from you,
9.9 - If we make any changes we will not give you written notice of the changes before we supply the Goods or Services or Goods and Services. You can choose to cancel the contract if the change would be significantly to your disadvantage.
10 - Delivery
10.1 - The Goods will be delivered to you at the address you provided during the order process which may be an address other than the billing address.
10.2 - Any dates quoted for delivery of the Goods are approximate only. If no date is specified then it will take place as soon as reasonably possible, but in any event within 30 days of the date of the Confirmation Notice, unless there is an Event Outside our Control, in which case clause 19 shall apply.
10.3 - Unless clause 9.4 applies, if we have agreed to deliver the Goods to a delivery address which you have given us, delivery shall occur when we place the Goods in the physical possession of you or anyone you have identified to us as the person authorised by you to take delivery of the Goods.
10.4 - If you have asked us to use an independent carrier other than our normal carrier to deliver the Goods to you, delivery shall occur when we deliver the Goods to that carrier.
10.5 - Upon arrival you are responsible for inspecting the goods. Any damages or losses must be noted on the delivery receipt.
10.6 - All claims for loss and/or damage during transit must be made by you in writing to the delivering Company. In order to validate the insurance claim, the damage to both parcel and goods should to be documented and reported to us as well. Failure to do so may result in failure of claim for losses or damages. We shall also be notified of any damages or losses immediately. Unless you provide us with a written notice of any claim for visible defects in the goods within five days after receipt of shipment, such good shall be deemed as finally inspected and accepted by customer.
10.7 - We may end the contract with you and charge you for any extra storage costs we have incurred if
10.7.1 - you have arranged to collect the Goods but do not do so within 14 Business Days of the date we notify you that they are ready for collection, or
10.7.2 - we have agreed to deliver the Goods, you have not been available to take delivery on the date we agreed to deliver them, and we have not been able to re-arrange delivery within 14 Business Days of the original delivery date.
10.8 - For Christmas deliveries, we recommend that you check the Website for the last order date. We cannot guarantee delivery by 24th December.
10.9 - The Company will not be liable for any direct or indirect loss in profit, costs, charges or damages caused by any delay in the delivery of the goods.
11 - Performance of Services
11.1 - The Services will be performed at the address or by the means specified by us when we accept the order.
11.2 - When we accept the order, we will confirm estimated start and completion dates for the performance of the Services. We will endeavour to perform the Services in accordance with these estimated dates and will perform the Services within a reasonable time from the date we accept the order.
11.3 - In the event that an Event Outside Our Control prevents us from performing the Services within a reasonable time from the date we accept the order, clause 19 will apply.
11.4 - If we need to provide the Services at the premises occupied by you, you will provide access to the premises on the date we have agreed for the Services to be carried out.
11.5 - If you fail to provide access to the premises on the agreed date,
11.5.1 - you must pay us any additional costs incurred by us in providing the Services to you
11.5.2 - in the event that despite our reasonable efforts we are unable to obtain access to the premises to provide the Services, we may end the contract with you. We will refund you any money you have paid less our reasonable costs incurred in attempting to perform the Contract.
11.6 - If we need to install the Goods at the premises occupied by you, we will be entitled to assume that
11.6.1 - the premises are adequately supplied with utilities including without limitation water, electricity, gas, telephone and internet connection,
11.6.2 - the fittings, walls, pipes, wiring, gas installations and other parts of the premises to which the Goods must be attached are in good working order and suitable for such attachment, and
11.6.3 - any goods to which the Goods must be attached are in good working order and suitable for such attachment.
11.7 - If we ask you to provide us with information in order for us to provide the Services, you must provide us with complete and accurate information by the date we request that you provide it by, otherwise:
11.7.1 - you must pay us any reasonable sum we charge you to cover any extra work that is necessary as a result of you providing incomplete or inaccurate information.
11.7.2 - you must pay us any additional costs incurred by us in providing the Services to you resulting from you not providing such information to us by the date we have requested.
11.7.3 - we may suspend the Services by giving you written notice unless you agree to pay such extra costs.
11.7.4 - in the event that despite our reasonable efforts we are unable to obtain the requested information from you and are therefore unable to supply the Services, we may end the contract with you. We will refund you any money you have paid less our reasonable costs incurred in attempting to perform the Contract.
11.8 - We will not be liable for any delay or non-performance due to your failure to provide us with complete and accurate information by the time we have requested.
11.9 - If we suspend the Services under this clause, you do not have to pay for the Services while they are suspended, but you will remain liable to pay any invoices we have already sent you for Services we have already performed.
12 - If there is a problem with the Services
12.1 - If the Services provided do not conform to the Contract due to them not being provided with reasonable care and skill:
12.1.1 - you should provide us with details of the problem as soon as reasonably possible;
12.1.2 - if we repeat performance of the Services to fix the problem, we will do so at our own cost and as soon as reasonably practicable.
12.2 - As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Nothing in these Conditions will affect these legal rights.
13 - Risk and title
13.1 - The Goods will be at your risk from the time of delivery.
13.2 - Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of them including the cost of delivery.
14 - Complaints
If you have a comment, concern or complaint about any Goods and Services you have purchased from us, please contact us by email at email@example.com.
15 - Liability and indemnity
15.1 - We have a duty to supply Goods and Services to you that conform to the Contract including a duty to ensure that
15.1.1 - the Goods are as described in the contract
15.1.2 - the Services are carried out with reasonable care and skill
15.2 - We cannot exclude our liability for a failure to comply with these duties mentioned in this sub-clause. Nothing in these Conditions affects your legal rights if these duties are not complied with. You can obtain advice about your legal rights from Citizens Advice if you need to.
15.3 - We cannot exclude or limit our responsibility to you for:
15.3.1 - Death or personal injury resulting from our negligence or the negligence of our employees
15.3.2 - Fraud or fraudulent misrepresentation
15.3.3 - A claim for a defective product against us if we do not give you the name of the person who supplied the product to us within a reasonable time of your request for us to do so.
15.3.4 - be liable for any consequential, incidental, special, indirect or punitive damage to any person.
15.4 - You are purchasing the Goods or Services or Goods and Services as a consumer. If you purchase the Goods or Services or Goods and Services for any business purpose including for re-sale, we will not be liable for any business losses, loss of profits, loss of contracts, loss of business opportunities, loss of management time, loss of business data or losses due to interruption of your business.
15.5 - We will not be responsible for any delay in delivering the Goods and performing the Services if
15.5.1 - we have asked you to provide specified information that is necessary for delivering the Goods and performing the Services and
15.5.2 - you have failed to provide complete and accurate information or you have provided such information later than the date we have asked you to supply it by.
15.6 - We will not accept liability for any damage caused by pre-existing defects in any fittings, walls, pipes, wiring, gas installations in your premises or to any goods to which we connect or install or attach the Goods unless we have been negligent in not realising that such damage may occur or in the way we did the work.
16 - Intellectual Property and Trademarks
No part of these standard terms and conditions shall grant the customer any rights to the designs or other intellectual property of the Company. All designs, technical information, trade secrets and copyrightable material remain property of the Company.
17 - Construction
These standard terms and conditions in conjunction with those on the face side of the Company’s invoice embody the complete agreement between the customer and the Company. All prior correspondence, representation, discussions and agreements are superseded by these terms and conditions. In case any provision of the terms and conditions is invalid or unenforceable under any jurisdiction it shall be modified or deleted to the extent mandatory to comply with the existing rules.
18 - Our rights of termination
We reserve the right to terminate the Contract by writing to you if you fail to make any payment to us when due and you still do not make payment within 14 days of us reminding you that payment is due.
19 - Events outside our control
19.1 - Except for our obligations under this clause, we shall not be responsible for delays or failures in delivery or performance of our obligations to you resulting from any act, event, omission, failure or accident outside our reasonable control ('Event Outside Our Control').
19.2 - We will take all reasonable steps to minimise a delay in performing our obligations to you which arises from an Event Outside our Control.
19.3 - We will promptly notify you of any Event Outside Our Control which prevents us from or delays us in performing our obligations to you, giving details of it and (where possible) the extent and likely duration of any delay.
19.4 - Our performance will be deemed to be suspended for the period that the Event Outside Our Control continues.
19.5 - You may end the Contract after we have notified you of an Event Outside Our Control and we will then refund you any money you have paid to us under the Contract for the Goods and Services which we have been unable to deliver to you.
20 - Other important terms
20.1 - We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
20.2 - You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
20.3 - Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
20.4 - If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
20.5 - All Contracts are concluded in English only.
20.6 - If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
20.7 - A waiver by us of any default shall not constitute a waiver of any subsequent default.
21 - Governing jurisdiction
You can bring legal proceedings in respect of the Goods or Services or Goods and Services in the courts of France. If you live in the EU or in another country, you can bring legal proceedings in respect of the Goods or Services or Goods and Services in the courts of your home country.