The Cité de la céramique – Sèvres et Limoges (hereinafter ‘Sèvres’) is a public institution that manufactures and markets all around the world ceramic Articles of very high quality (sculptures, furnishings, tableware, vases, etc.) bearing the Sèvres trademark.
In order to better meet the demands of its Clients, Sèvres has set up an online sales system for a selection of its Articles, in addition to its galleries, its distribution network and the fairs and trade shows in which it also participates.
1. Vendor identification
The present General Conditions of Sale are those of Sèvres, a French national administrative institution, created by Decree no. 2009-1643 of 24 December 2009 (amended), headquartered at 2 place de la Manufacture – 92310 Sèvres – France, registered with the Registrar of Commerce and Companies of Nanterre under number 130 008 857. Its SIRET is 130 008 857 00018, its APE code is 2341Z and its intra-Community VAT number is FR59 130008857.
2. Scope of the General Conditions of Sale
2.1. The present General Conditions of Sale, as well as the ‘Legal Notices’, apply to the Sèvres retail Website, selling Sèvres-trademarked Items for delivery within Europe (European Union member countries), excluding post boxes and excluding French overseas departments and territories.
All orders via the Sèvres retail Website entail full and complete acceptance of the present sales conditions by the purchasing Client. These sales conditions may be printed out and they can be accessed via all pages of the Sèvres Website.
2.2. The Articles are exclusively destined to be sold to individuals or legal persons as final consumers, acting strictly on their own personal behalf and without any direct connection to any commercial activity, excepting Sèvres resellers or intermediaries acting on the resellers’ behalf. As a result, the Client confirms that they are acting as the final consumer and that they have no intention to resell the Articles for any commercial purpose; they also confirm their legal capacity to meet the commitments of the present sales conditions.
3. Acceptance and modification of the General Conditions of Sale
3.1. For every purchase of an Article on the website, the Client will be requested to confirm their acceptance of the present conditions of sale by checking the box ‘I accept Sèvres’ general conditions of sale’. These conditions will be consultable prior to and upon the request for the Client’s confirmation.
3.2. Sèvres may modify at any moment these general conditions of sale. The Client can consult at any moment the present applicable version of these conditions by visiting either the Sèvres retail Website or the Sèvres institutional website (www.sevresciteceramique.fr). Any new version of the sales conditions shall take effect immediately upon their date of publication and shall apply to all purchases made from that date on. The Client is bound by those conditions in effect at the time of purchase.
4. Order procedures
Orders carried out via the Website must strictly respect the following procedures:
4.1. Article selection by the Client
On the Website, the Client selects, enters and confirms the identification and quantity of the Articles they wish to order; these Articles are added to their ‘Basket’. The Client is free to modify their ‘Basket’, delete any Article initially selected, modify the quantities ordered, or add an additional Article by clicking on the corresponding elements within their ‘Basket’.
Once the Client has made their selection and wishes to confirm their ‘Basket’, they must identify themselves. The Client may also identify themselves prior to selecting their Articles. The Client must decide to either order as a guest or create a client account so as to order via the Website:
- If the Client already has a client account, they must identify themselves using their e-mail address and their password.
- If the Client does not yet have an account, they will be invited to create one by confirming their full name, address, e-mail and telephone number.
The Client’s identification information is strictly personal; therefore, the Client agrees to keep this account information safe and never share it with any third person. In the event of any loss, theft or fraudulent use of their client account, the Client agrees to immediately inform Sèvres.
4.3. Order confirmation
4.3.1. The Client must also confirm the method of delivery and complete the necessary information for their order’s proper shipment (country of dispatch, address of delivery, Sèvres outlet, or Sèvres gallery or showroom available only for certain Articles, where the Client wishes to pick up their order). The Client may use their delivery address as their billing address or they may enter another address.
4.3.2. The Client shall then be invited to select their means of payment and complete the necessary information.
4.3.3. Once all of this information has been entered and confirmed, the price of the Articles (as defined in Article 7 below), as well as the cost of shipping is automatically displayed.
4.3.4. The Client must carefully verify their selection prior to confirming their order. At the end of the order process as described above and after accepting all Sèvres sales conditions, the Client clicks on ‘CONFIRM MY PAYMENT AND CONFIRM MY ORDER’. The Client agrees to provide correct information and to keep this information up-to-date. Sèvres shall not be held responsible for any incomplete or incorrect information provided by the Client, notably if this information entails any error of delivery.
4.4. Confirmation of the order by Sèvres
4.4.1. An acknowledgement of receipt of the order is sent to the Client by e-mail. In accordance with the provisions of Article 1126 of the French Civil Code, the Client accepts the use of e-mail for Sèvres’ confirmation of their order’s details.
4.4.2. The acknowledgement of receipt provides the order number, the total amount for the order, all information relative to the delivery cost and delay, the order’s essential characteristics, and the quantity and price of the purchased Articles.
4.4.3. Upon shipment of the Articles ordered by the Client to their chosen address, Sèvres sends an e-mail to the Client informing them of their order’s shipment and of their order’s payment, as stipulated in Article 8 below. The contract of sale is then definitively closed.
4.5. Proof of order
As a general rule, it is expressly agreed that e-mails between Sèvres and the Client shall be considered legally binding proof between both parties; the automatic recording systems used by the Website shall also be considered legally binding, notably regarding the nature and date of the Order.
Furthermore, pursuant to Article L.213-1 of the French Consumer Code, Sèvres retains all elements relative to any order equal or superior to one hundred (120) euros for a duration of ten (10) years and agrees to provide this information to the Client upon their simple request sent to: firstname.lastname@example.org or to: Établissement public Cité de la céramique-Sèvres et Limoges – Service commercial – 2 place de la Manufacture – 92310 Sèvres – France. It is nevertheless recommended that for all orders made via the Website, the Client also retain a copy (digital or paper) of their order’s details.
5. Information on Articles for sale
5.1. AVAILABILITY OF ITEMS
5.1.1 At the time of ordering, the Client is informed on the Website’s information page describing each Article of the said Article’s availability. If, despite Sèvres’ best vigilance, the ordered Articles are no longer available, Sèvres shall promptly inform the Client by any means (telephone or e-mail). Sèvres shall not be held responsible for the unavailability of any Article on its Website.
5.1.2 Sèvres reserves the right to change, at any time and without notice, the Articles offered on its Website.
5.2. ITEM DESCRIPTIONS
Sèvres’ Articles offered for sale on its Website are presented and described as precisely as possible (specifications, illustrations, size, composition, stock status, etc.).
However, any difference in appearance between the delivered Articles and the photographs and illustrations on the Website shall not constitute any non-conformity of the delivered Articles.
Furthermore, depending on the equipment used by the Client, notably their digital screen’s settings, the illustrations and photographs on the Website may differ from the actual Articles.
Sèvres reserves the right to correct any errors or omissions, and to change or update any information, at any time and without notice.
6. Order refusals
6.1. Purchases made via the Website are reserved for Clients’ own personal use (or as gifts) and not for resale. In accordance with the provisions of Article L.121-11 of the French Consumer Code, Sèvres reserves the right to refuse any abnormal order exceeding the authorized number of Articles, specifically:
- three (3) Articles per order, and/or
- two (2) identical Articles ordered within a period of thirty (30) calendar days, no matter the size or colour.
6.2. Sèvres also reserves the right to refuse any order: (i) made by a Client with whom a dispute already exists concerning the payment or delivery of a past order, or (ii) if Sèvres has reason to believe that this Client has infringed upon the present conditions of sale, or that the Client is engaged in any fraudulent activity, or for any other legitimate reason.
6.3. If Sèvres determines that the order does not satisfy the present General Conditions of Sale, it shall inform the Client either directly via the Website or by telephone or by e-mail. If the Client does not contact Sèvres to correct their order’s erroneous elements or those elements contrary to Sèvres’ conditions of sale within a delay of five (5) calendar days following their notification by Sèvres, the latter reserves the right to simply cancel both the order and the payment.
7.1. Prices listed on the Website are in euros and include all relevant taxes (excepting costs of delivery).
7.2. The invoiced prices are those in effect on the date of the order, subject to the ordered Articles’ availability at that time. Sèvres reserves the right to modify, at any time and without notice, the price of its Articles.
All orders are payable in euros and must be paid immediately at the time of ordering.
7.3. In accordance with the provisions of Article L.221-11 of the French Consumer Code, the Client shall receive, at the latest upon delivery and for each ordered Article, a written confirmation of the price paid, detailing the price of all Articles, as well as the applicable delivery costs.
8. Terms of payment
The provisions of Article 1341 of the French Civil Code do not apply to Sèvres’ online or remote sales. Should, for whatever reason (opposition, refusal by the sender cost centre, etc.), the debit of the sums due by the Client prove impossible, the sale shall be immediately annulled and the purchase process immediately cancelled by Sèvres.
8.1. PAYMENT BY CREDIT CARD OR BANK CARD
8.1.1. Purchases by the Client shall be made by credit card or bank card. Sèvres accepts the following cards: ‘CB’ cards, Visa©, Eurocard©, MasterCard©, American Express©. Client cards from banks domiciled outside France must be international bank cards.
8.1.2. To this end, the Client guarantees to Sèvres that they are the personal holders of the bank card used for their order’s payment and that the full name figuring on this bank card is indeed theirs. The Client then transmits, via a secure online system, their bank card’s number, expiration date and visual cryptogram.
8.1.3. On the Website, following confirmation of their bank account information by the Client, the Client accesses a secure server operating via SSL (128 bits) and certified by a Certifying Authority. The transaction is then carried out by the Client according to the established standards of banking security. Each bank has its own authentication process. By providing their bank card number and/or their bank account information, the Client unconditionally accepts in advance that Sèvres carry out the secure transaction and the Client also authorizes in advance their bank to debit their account in accordance with the statements transmitted by Sèvres, even in the absence of any invoice signed by the holder of the bank card being used.
8.1.4. The order shall be shipped only after verification of the means of payment, receipt of authorization of the bank card debit, verification of the order’s conformity with the General Conditions of Sale, and verification of the ordered Articles’ availability. The Client’s account shall be debited upon shipment of their order.
9. Delivery and ‘click and collect’ pick-ups
9.1.1. Articles may be delivered only within metropolitan France, including the island of Corsica, and within the Schengen Area (hereinafter the ‘Delivery Zone’). It is impossible to order for any delivery address located outside this Delivery Zone. For notably security reasons, Sèvres shall not process any order whose delivery or invoicing is addressed to a post box. Also for security reasons, deliveries to a hotel or a student residence shall only be hand-delivered with proof of signature.
9.1.2. The Client may also have their ordered Articles delivered to another individual or natural person within the Delivery Zone (for instance, as a gift).
9.1.3. The Articles shall be delivered, following recorded payment of the order amount, to the delivery address provided by the Client at the time of ordering. To this end, the Client guarantees their having provided the correct delivery address to Sèvres.
9.1.4. The ordered Articles shall be delivered on the date or within the delay indicated by Sèvres to the Client, and no later than thirty (30) calendar days following the order date.
9.1.5. Sèvres shall deliver the ordered Articles via the Colissimo postal service, with hand delivery and proof of signature.
9.1.6. The Articles’ standard post, hand-delivery with signature shall be paid for by the Client. These delivery costs are communicated to the Client prior to delivery, during the confirmation step of their order.
9.2. Certain Articles may be picked up via Sèvres’ ‘click and collect’ service at its Paris Gallery, situated at 4 Place André Malraux, 75001 Paris.
9.2.1. When this service is available, the Client may choose the option ‘Pick-up via click and collect’ when making their online order, and they may choose to pick up their ordered Articles at the Sèvres Paris Gallery, offered as an option.
9.2.2. The ordered Articles shall be made available for pick-up by the Client within the delay indicated by Sèvres and, in any event and unless otherwise stated, no later than thirty (30) calendar days from the date of order, provided that the order has been paid in full.
9.2.3. Once the ordered Articles are available for pick-up at the gallery, the Client is immediately informed by e-mail. The Client then has fourteen (14) calendar days to pick up their order at the indicated gallery or showroom.
9.2.4. When picking up their ordered Articles at the gallery or showroom, the Client must present the e-mail for their order’s availability for pick-up, as well as a valid personal identification document. The Client’s identity shall then be verified and a copy may be made of their presented ID, which the Client expressly accepts upon choosing the present method of delivery. The gallery and the showroom also reserve the right to verify the bank card used for the order’s payment, in the event of such a card having been used. The ordered Articles shall then be handed over to the Client, with their signature of proper receipt.
9.2.5. The Client may also request that a person of their choosing come pick up their ordered Articles, on the Client’s behalf and according to the following terms. The person thus mandated by the Client must in this case present: (i) their own personal identity document, (ii) the e-mail for the order’s confirmation sent to the purchasing Client, and (iii) the Client’s authorization for this third-party pick-up, duly dated and signed. A template for such an authorization is available as an appendix to the present General Conditions of Sale.
9.2.6. After the deadline of fourteen (14) calendar days from the date of the Client’s notification by Sèvres of their ordered Articles availability for pick-up at the gallery, the sale shall be annulled. In this case, the Client shall be reimbursed the price of their order.
10. Right of withdrawal and returning Articles
10.1. In accordance with the provisions of Articles L.221-18 et seq. of the French Consumer Code, the Client can exercise their right of withdrawal by returning to Sèvres the duly completed withdrawal form joined as an appendix to the present General Conditions of Sale, or any other written declaration expressly indicating the Client’s withdrawal, sent to: E-MAIL or to: Établissement public Cité de la céramique-Sèvres et Limoges – Service commercial – 2, place de la Manufacture – 92310 Sèvres – France. This right to withdrawal may be exercised without having to provide any justification for its application and within a delay of fourteen (14) calendar days from the date of the Articles’ receipt.
10.2. The Client must then return the ordered Articles by the means of their choosing and at their own cost and risk to the following address: Établissement public Cité de la céramique-Sèvres et Limoges – Service commercial – 2 place de la Manufacture – 92310 Sèvres – France. It is here recommended that the Client keep all proof of this return, which supposes that the Articles be returned by the Client via registered mail, or by any other clearly dated method with proof of shipment.
10.3. In any event, the Client must return the ordered Articles:
- Within fourteen (14) calendar days from the date of the Client exercising their right to return.
- In their original and complete packaging, along with the duly completed return form. Any Articles that are not returned or that are returned incomplete, damaged, deteriorated or dirty shall not be reimbursed or exchanged. Sèvres shall not reimburse any Articles returned by the Client that do not correspond to the Articles ordered, or that were not ordered via the Sèvres Website.
Before returning any order, the Client should first contact Sèvres at: email@example.com to indicate the reason for the return. The Client shall then be reimbursed upon the Articles’ receipt and verification.
10.4. The reimbursement of the invoiced price for the returned Articles shall be made by the same means of payment employed to pay for the order, no later than fourteen (14) days following Sèvres’ receipt of said Articles. In application of Article L.221-24 of the French Consumer Code, any additional delivery fees paid by the Client shall not be reimbursed.
For returns to the Sèvres Paris Gallery, the reimbursement of the invoiced price for the returned Articles shall take the form of a credit note, valid for one year and only applicable at Sèvres points-of-sale in France.
Furthermore, in the event of a gift, the right of withdrawal remains exclusively with the Client and may not in any case be exercised by the recipient of the gift.
11.1. Sèvres’ conditions of sale do not allow for any exchanges, only reimbursements.
For all claims concerning the purchase of any Articles, the Client may contact the Sèvres sales office by e-mail at: firstname.lastname@example.org
13. Legal guarantees
Articles sold by Sèvres are subject to the legal safeguards stipulated in Articles L.211-4 to L.211-14 of the French Consumer Code, as well as Articles 1641 to 1648 of the French Civil Code, to the exclusion of all other guarantees:
13.1. Legal guarantee of conformity
Sèvres shall deliver to the Client an Article in accordance with the contract and free of any nonconformities, meaning that the Article shall be fit for the use habitually expected of such an item and shall present the same characteristics presented at the time of sale. Sèvres shall also be held responsible for any nonconformities resulting from packaging, from the assembly instructions, or from the installation when placed under its responsibility by the contract or when carried out under its responsibility. This guarantee shall only come into effect if the Client requests its application within a delay of two (2) years following the Article’s delivery. Nonconformities that appear during the two (2) years following the Article’s date of delivery shall be considered to have existed at the time of delivery, excepting proof to the contrary. The Client may choose between the Article’s restoration or replacement, unless one of these options entails for Sèvres a clearly disproportionate cost. If the nonconforming Article’s restoration or replacement is impossible, the Client can return the Article and be reimbursed for the total price paid, or they may keep the nonconforming Article and be partially reimbursed, unless the said nonconformity is minor. The reimbursement (full or partial), the replacement or the restoration of the Article shall not entail any additional costs for the Client and shall not impede the allocation of any damages to which the Client is rightfully due.
13.2. Legal guarantee against hidden defects
Sèvres shall deliver to the Client an Article free of any hidden defect that would impede its expected use or that would diminish its expected use to such an extent that the Client would not have purchased it or would have paid a lower price if they had been aware of the defect. This guarantee shall only come into play if the Client requests its application within a delay of two (2) years from the date of the defect’s discovery. In the event of any hidden defect, the Client may choose to return the Article and be fully reimbursed for the price paid and any costs engendered by the sale, or they may choose to keep the Article and be partially reimbursed for the price paid. In any event, it shall be the Client’s responsibility to prove that they fulfil the conditions of this guarantee.
14. Sèvres’ responsibility
14.1. In no case shall Sèvres be held responsible for any damage not occasioned by Sèvres’ failure to meet one of its obligations.
14.2. All information relative to Sèvres’ Articles sold remotely are available at the Paris Gallery and the online boutique. All photographs, graphical elements or descriptions of the Articles sold are provided for information purposes only and do not engage the responsibility of Sèvres. Clients may obtain further information through the Paris Gallery. While every effort is made to ensure that the colours, designs and motifs of the Articles whose photographs are displayed on the Website are faithful to the original Items, variations may nevertheless occur, notably due to the technical limitations of the Client’s computer equipment effecting the display of colours on their screen. As a result, Sèvres shall not be held responsible for any insubstantial errors or inaccuracies of the photographs or graphical representations of its Articles figuring on the Website.
15. Privacy protection
15.1. Sèvres undertakes to respecting the privacy of its Clients.
15.2. The Client assures that all the information they provide Sèvres via its Website, within the framework of their order, is complete, up-to-date and in accordance with the present General Conditions of Sale. Failing that, Sèvres reserves the right: i) to simply cancel the order, as well as the payment, or ii) to subordinate them to the Client’s providing proof for their communicated information and addresses, so as to ensure their correctness.
15.3. The provision of personal information marked as obligatory (*) is necessary to allow Sèvres to process and delivery its orders, as well as for its invoicing. This information is for Sèvres’ use and for the use of those partners involved in carrying out the concerned order.
15.4. The Client has the right to access, modify, correct and delete their personal information. To exercise this right, the Client may send a message, accompanied with a proof of identity, by e-mail to: email@example.com or by post to: Établissement public Cité de la céramique-Sèvres et Limoges – Service commercial – 2, place de la Manufacture – 92310 Sèvres – France.
15.5. In particular, the Client is hereby informed that their personal information is liable to be directly collected or transmitted by:
- The banking institutions acting as intermediaries for the payment of orders.
- The payment service providers involved in the payment process.
Please note that these partners apply their own particular privacy policies.
16. Respecting the intellectual property rights of Sèvres and communications
All intellectual property rights concerning any Article or element of Sèvres, such as any brands, illustrations, photographs, images, videos, models or logotypes, both trademarked and nontrademarked, are and shall remain the exclusive property of Sèvres.
These intellectual property rights notably prohibit the reproduction, representation and/or modification, either partial or total, of Sèvres’ Articles and their packaging, its brands, illustrations, images, photographs, videos, logotypes and models, for whatever reason and via whatever medium (flyer, poster, catalogue, letter, press article, audiovisual production, website, intranet site, social network, etc.) or without the prior written approval of Sèvres.
Therefore, the Client agrees not to manufacture or have manufactured, for themselves and/or for any third party, any Articles that are identical to and/or similar to and/or liable to imitate Sèvres’ Articles, in accordance with the French Intellectual Property Code, as well as any derivative Articles.
17. Retention of ownership
Sèvres retains ownership of all sold Articles until the effective payment of their full price including any additional costs. However, the Client assumes all risks (including those linked to loss, theft or damage) concerning the delivered Articles from the moment of their delivery to the address provided at the time of ordering.
18. Force majeure
Sèvres’ execution of all or part of its obligations shall be suspended in the event of any force majeure, as defined in Article 1218 of the French Civil Code, that would inhibit or delay said execution. Sèvres shall inform the Client of any such case of force majeure within the seven (7) days following such an occurrence. In the event of this suspension lasting for more than fifteen (15) working days, the Client shall have the possibility of cancelling their order, and they shall be reimbursed according to the conditions stipulated in Article 10 of the present General Conditions of Sale.
19. Validity of the General Conditions of Sale
If any provision of the present General Conditions of Sale shall be declared null and void, in full or in part, for whatever reason whatsoever, the other provisions and the other rights and obligations resulting from these General Conditions of Sale shall remain unchanged and fully applicable.
20. Non waiver
Should one party ever excuse the other party concerning the latter’s failure to meet an obligation of the present General Conditions of Sale, this shall not be subsequently interpreted as a wavering of said obligation.
21. Applicable law and competent courts
The present General Conditions of Sale are governed and interpreted pursuant to the Laws of France, excepting imperative constraints, such as those resulting from Regulation (EC) no. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).
In the event of any dispute concerning the validity, application and/or interpretation of these sales conditions, the Client shall have recourse to a conventional procedure of mediation or to any other alternative procedure for the settling of such disputes. In accordance with Order no. 2015-1033 of 20 August 2015 and Decree no. 2015-1382 of 30 October 2015, any so-called ‘consumer dispute’, subject to Article L.612-2 of the French Consumer Code, may be amiably mediated by the Centre for Mediation and Arbitration of Paris (CMAP). To submit their dispute to the mediator, the Client may (i) complete the form on the CMPA website: www.cmap.fr, tab: ‘vous êtes : un consommateur’ (you are a consumer), or (ii) send their request by post (simple or registered mail) to: CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an e-mail to: firstname.lastname@example.org. No matter the means used for contacting the CMAP, the Client’s request must contain the following elements in order to be promptly processed: their postal address, e-mail and telephone number, as well as the full name and address of Sèvres, a short summary of the dispute, and proof of the Client’s having already contacted Sèvres concerning said dispute. At the European level, the European Commission also offers Clients a platform for the online resolution of disputes: http://ec.europa.eu/consumers/odr/. The Client remains free to accept or refuse any recourse to mediation and, in the event of such mediation being pursued, each party is free to accept or refuse the mediator’s proposed solution. Recourse to mediation represents an alternative mechanism that does not constitute a necessary precondition to the pursuance of legal action.
In the absence of any amiable solution or recourse to mediation, all disputes engendered by the present General Conditions of Sale shall be submitted to the competent court of law, in accordance with the provisions of the French Civil Procedure Code and the French Consumer Code.