BETWEEN :

Cristallerie de Montbronn registered in the Sarreguemines Trade and Companies Register, with share capital of €100,000.00, SIREN 309856748, represented by Mr. Frédéric MULLER, as Chairman, duly authorized for the purposes hereof.

The company can be reached by e-mail by sending a contact form accessible via the home page of the site.

Hereinafter referred to as the Seller,

Natural or legal persons, professionals or consumers, purchasing products or wishing to access the content of the Cristallerie de Montbronn SAS website,

Hereinafter referred to as "Visitor" or "Buyer"

Hereinafter jointly referred to as "The Parties"

PREAMBLE

The Seller operates the Cristallerie de Montbronn website, https://www.cristallerie-montbronn.com/ (hereinafter the Site). The Seller's activity is the sale of crystal interior decoration objects and crystal products in the field of Tableware and Interior Decoration through its Site. The list and description of the goods and services offered by the Seller can be consulted on the aforementioned site.

ARTICLE 1: PURPOSE AND GENERAL PROVISIONS

These General Conditions of Sale (hereinafter "GTC") determine the rights and obligations of the parties in the context of the online sale of the Products offered by the seller to the Buyer, as well as to determine the characteristics, methods and conditions of access to the Services available on the Site.

These GCS apply to all sales of Products, made through the Seller's Website, which are an integral part of the Contract between the Buyer and the Seller.

The Seller reserves the right to modify these at any time by publishing a new version on its Website. The applicable GCS are then those in force on the date of payment (or the first payment in the event of multiple payments) of the order.

The GCS are available on the Seller's Website on a dedicated page.

The Parties agree that their relations will be governed exclusively by these T&Cs.

The Site is available free of charge on the Internet and is accessible to any Visitor or Buyer with Internet access.

All costs relating to access to the Site, such as hardware, software or Internet access costs, are exclusively the responsibility of the Visitor or Buyer, who is solely responsible for the proper functioning of his equipment as well as his Internet access.

The Seller also ensures that the acceptance of these GCS is clear and unreserved by systematically subjecting them to acceptance by the Buyer before any purchase of goods on the Site. The Buyer declares to have read all of these GCS, and, where applicable, the special conditions of sale linked to a product, and to accept them without restriction or reservation. The Buyer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Buyer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committing. Unless proven otherwise, the information recorded by the Seller constitutes proof of all transactions.

ARTICLE 2: SCOPE AND ACCEPTANCE OF THE CONDITIONS

2.1 – The GCS are in French and are intended to apply exclusively between the Seller and any Visitor wishing to access the Site and its Content, as well as to any Buyer.

2.2 – Any Visitor and/or any Buyer adheres unreservedly to these T&Cs by consulting the Site, and in any event by their mandatory express acceptance prior to any purchase of a Product.

2.3 – These T&Cs are thus automatically applicable to all sales of Goods by the Seller made through the Site.

2.4 Derogation – Any derogation from these GCS can only be enforceable against the Seller if it is duly accepted and formalized in writing signed by the Seller.

The fact that the seller does not sanction behavior derogating from these GTC does not imply acceptance of the derogatory behavior, nor waiver of prosecution of the Author.

2.5 – Acceptance – Confirmation of an order entails acceptance of these conditions of sale, acknowledgment of having perfect knowledge of them and waiver of the right to avail oneself of its own conditions of purchase. All the data provided and the recorded confirmation will constitute proof of the transaction. If the Purchaser has an e-mail address and if he has provided information on his order form, Cristallerie de Montbronn SAS will send him confirmation of the registration of his order by e-mail.

ARTICLE 3: TERMS OF ACCESS TO THE SITE

3.1 – Content – ​​The purpose of the Site is the sale of the Goods, without conditions other than acceptance and compliance with these GCS.

The content includes in particular:

  • An online store including a Tableware, Decoration and Masterpieces section.
  • A section “La Maison Cristallerie de Montbronn” detailing the history, the know-how and presenting the team of the Cristallerie de Montbronn SAS.
  • A “Contact Us” section allowing the Visitor or the Buyer to contact the Seller by filling out a contact form.
  • A "Basket" section where the Visitor or Buyer can find all of their selection made on the Seller's website.
  • A "My Account" section where the Visitor or Buyer can find their orders.

3.2 – Access to content – ​​The content is accessible by any Visitor or Buyer by simply connecting to the following URL: https://www.cristallerie-montbronn.com/

The Seller endeavors to allow, but in no way guarantees, access to the Site 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond its control, and subject to any maintenance interventions necessary for the proper functioning of the Site and/or interventions for the purpose of improving and/or modifying the Site, which may be carried out without the Seller notifying Visitors or Buyers in advance.

Under no circumstances can the Seller be held responsible for interruptions of access to the Site and their consequences, whatever the extent.

3.3 – Security and Viruses – It is up to each Visitor and/or Buyer to take all appropriate measures to protect themselves against the contamination of their data, software and/or hardware by viruses possibly circulating through the Site or the information which are published there, and to manage its data backups.

3.4 Use of the Site – Visitors and/or Buyers undertake to use the Site in compliance with all the prescriptions mentioned in these GCS.

They expressly accept that the use of the Site, the information and the tools included or accessible via the Site is carried out under their own responsibility.

Visitors and/or Buyers are prohibited from carrying out any downloads or operations likely to hinder the proper functioning of the Site.

ARTICLE 4 – PERSONAL INFORMATION

To purchase goods, the Buyer must indicate this personal information when placing his order, on the “Checkout” page:

The Buyer must provide:

  • A name
  • A first name
  • His email address
  • His country
  • Street number and name
  • Postal code
  • Town
  • Telephone

ARTICLE 5 - CHARACTERISTICS OF THE GOODS SOLD - CONSUMER INFORMATION

5.1 – In accordance with Articles L.111-1 and L.111-4 of the Consumer Code, the essential characteristics and prices of the Goods sold are available on the Site with a description containing the main characteristics of the product. The photographs published on the site are as faithful as possible but in no way engage the responsibility of the Seller.

5.2 – The Seller can be reached by any Visitor/Buyer at the following coordinates: E-mail: public@cristallerie-montbronn.com

A contact form is also available on the site at the following address: https://www.cristallerie-montbronn.com/pages/contact

The Goods are subject to the legislation in force concerning distance selling.

5.3 – Use of the products – The Seller shall in no way be held responsible for the use which will be made of the Goods by the Buyer who remains fully responsible for their use.

ARTICLE 6 – AVAILABILITY OF PRODUCTS

6.1 – Offers and availability – The product offers and the corresponding prices are valid within the limits of available stocks, as long as they are visible on the Site.

6.2 – Out of stock – Given the limited nature of the limited stocks and collections offered on the Site, the Seller does not guarantee the availability of the products ordered.

However, the Seller undertakes to honor orders received on the Site only within the limits of available stocks.

In the event of a stock shortage of a so-called "finished" product, the Seller may produce to order, respecting the deadlines indicated on the product sheet.

In the absence of availability of the Good ordered, the latter undertakes to contact the Buyer as soon as possible to inform him.

In this case, the Buyer may benefit from a refund of the sums he has paid within a maximum period of 30 days.

ARTICLE 7 – ORDERS

7.1 – Order registration – Orders must be placed through the Site. The Buyer is required to respond to all the information requested.

In the event of prolonged inactivity during the connection, it is possible that the selection of Goods chosen by the Buyer before this inactivity is no longer available, in particular no longer in stock.

The Buyer then undertakes to check the elements of the Order and, if necessary, identify and correct the errors.

7.2 – Confirmation of the order – Once the elements of the order have been verified, the Buyer must validate the order, the total price as well as the all-inclusive price.

The Buyer is then directed to a secure payment interface by bank transfer or via the Stripe payment platform, the PayPal payment interface, Amazon Pay or finally, Apple Pay.

The order confirmation is sent without delay after validation of the order, by e-mail to the e-mail address provided by the Buyer.

7.3 – Order processing – Orders are processed only after receipt and collection of payment corresponding to the amount of the purchase.

7.4 – Shipping – The Buyer receives confirmation of the shipment of the order electronically. Delivery will take place at the delivery address indicated by the Buyer when ordering. When carrying out the various stages mentioned above, the Purchaser undertakes to respect these contractual conditions by application of articles 1103 and 1104 of the Civil Code.

7.5 – Modification of the order – The information provided by the Buyer when placing the Order binds him. In the event of an error in the wording of the e-mail address or the contact details of the recipient, the Seller cannot be held responsible for the impossibility in which it could be when confirming the order or the delivery. No change of delivery address of the package(s) after payment of the order can be taken into account.

No modification of the elements of the order is possible after receipt of payment subject to the conditions of cancellation and refund of the order referred in particular to article 10 of these GCS.

7.6 – Refusal of an order – Under Article L. 121-11 of the Consumer Code, the Seller reserves the right to refuse any order from a Buyer for legitimate reasons and in particular if it is abnormal, placed in bad faith or for any other legitimate reason, in particular in the event of an existing dispute with the Buyer concerning the payment of a previous order.

ARTICLE 8 – PRICE

The prices of the goods sold on the Site are indicated by article.

Orders are payable in cash and are processed only after receipt and collection of payment corresponding to the amount of the order.

8.1 – Product price – The prices of products sold via the Site are indicated in Euros including VAT and precisely determined on the Product description pages.

8.2 – Terms of Payment – ​​Payment of the Price by the Buyer is made by the online payment service Stripe by bank card, via the PayPal payment interface, Amazon Pay or finally, Apple Pay. It is also possible to make a bank transfer.

The transaction is entirely administered by the Stripe, PayPal, Amazon Pay or Apple Pay platform. According to the payment method selected by the Buyer.

Any incident relating to a possible malfunction of the payment platform must be brought to the attention of the Stripe, PayPal, Amazon Pay or Apple Pay platform and will engage its sole responsibility.

In the event that the debit of the price is impossible, the online sale will be immediately terminated automatically and the Order will be cancelled.

In accordance with the Data Protection Act of January 6, 1978, the Buyer has at any time a right of access, rectification and opposition to all personal data, by writing to the Seller via the section “Contact us” present on the Website or via the e-mail address: public@cristallerie-montbronn.com. The request must be accompanied by proof of identity.

8.3 – Retention of title – Any product delivered remains the property of the Seller until payment of all sums due. The Buyer is required to handle the Good with care, in particular throughout the legal period of the withdrawal.

ARTICLE 9 – DELIVERY

9.1 – Delivery address – The Buyer chooses a delivery address under penalty of refusal of the order. The Buyer is solely responsible for a lack of delivery due to a lack of indication or an error in the address when ordering.

The Buyer is required to indicate the exact delivery address of the order, by filling in the fields necessary for the smooth running of the delivery (examples: indication of the door code, the floor, the place, etc. . …).

9.2 – Shipping costs – Shipping costs are indicated in the order confirmation depending on the delivery zone.

9.3 – Delivery times – Indicative delivery times are available on the Site in the description of each product page.

They may vary depending on the availability of the goods ordered.

Delivery times are expressed in working days and correspond to the average time for preparation and delivery of the order to the address indicated when ordering. They do not take into account the hazards inherent in the companies responsible for delivering the order, nor cases of force majeure.

Delivery times run from the date of confirmation of the order by the Seller.

9.4 – Delays in delivery – In the event of a delay in delivery, the order is not cancelled. The Seller will inform the Buyer by e-mail that the delivery will be delayed. In accordance with Article L. 216-2 of the Consumer Code, the Buyer may then terminate the contract by registered letter with acknowledgment of receipt if, after having ordered, according to the same terms, the Seller to make the delivery or to provide the service within a reasonable additional period, the latter has not performed within this period.

The contract is considered resolved upon receipt by the Seller of the letter informing it of this resolution, unless the Seller has performed in the meantime.

9.5 – Verification of delivery – The Buyer is required to check the condition of the packaging as well as the Goods upon Delivery. It is up to the Buyer to make the reservations and complaints that he deems necessary, or even to refuse the package when the package is obviously damaged during delivery.

Said reservations and complaints must be addressed without delay to the Seller in order to allow him to oppose them to the carrier by registered letter with acknowledgment of receipt within three (3) working days, not including public holidays, which follow the date of Delivery of the goods. .

The Buyer is also required to check that the goods delivered to him correspond to his order. In the event of non-compliance of the goods in kind, quality or quantity, the Buyer must inform the Seller within fourteen (14) working days by means of the contact form available on the website or at following e-mail address: public@cristallerie-montbronn.com

The Seller undertakes to send by e-mail to the address indicated by the Buyer, a voucher to be used on the next order made by the Buyer.

9.6 – Impossibility to deliver – In the event of a return to the Seller's premises following an impossibility of delivery by the latter, for any reason whatsoever, in particular in the event of an error in the recipient's address, the Buyer is notified by e-mail.

Without news from him within forty-eight (48) hours of receipt of the e-mail, the Seller reserves the right to cancel the order. Shipping costs will not be refunded.

9.7 – Seller's liability and indemnification – The Seller's liability shall not exceed the price paid by the Buyer.

ARTICLE 10 – RIGHT OF WITHDRAWAL

10.1 – Deadline – The Buyer has a right of withdrawal which he can exercise within fourteen (14) calendar days following the date of receipt of the Order by the Buyer.

In the event that the order relates to several goods delivered separately, the period runs from the receipt of the last Good.

In the event that the period expires on a Saturday, a Sunday or a holiday or non-working day, it is extended until the last following working day.

10.2 – Procedure – The Buyer who wishes to exercise his right of withdrawal must:

– Send a request for withdrawal by sending an e-mail to the following e-mail address: public@cristallerie-montbronn.com

– Send your request for withdrawal, within the aforementioned period, by registered letter with acknowledgment of receipt, to the following address: CRISTALLERIE DE MONTBRONN SAS, 13 rue des Verriers, 57415 MONTBRONN, clearly and unambiguously indicating the exercise of the right of withdrawal, and mentioning the following information:

– Last name and first name of the Buyer

- Address

– Telephone number

- E-mail address

Then return the goods within the aforementioned period, in their original packaging, complete and new.

10.3 – Reimbursement – ​​In accordance with the provisions of Article L. 221-3 of the Consumer Code, the Buyer bears only the direct costs of returning the goods.

Under Article L. 221-25 of the Consumer Code, the Seller reimburses the Buyer for all sums paid, including delivery costs, without undue delay and at the latest upon receipt of these goods. or until Buyer has provided proof of shipment of such goods, whichever date is first.

Any refund will be made through the means of payment used by the Buyer for the Order, unless the Buyer expressly requests it and is accepted by the Seller.

After verification of the integrity of the returned goods, the Seller undertakes to reimburse the Buyer as soon as possible.

The Buyer's liability will only be engaged in the event of depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these goods.

ARTICLE 11 – GUARANTEES

11.1 – Under the provisions of the Consumer Code:

The Seller delivers a Good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to defects of conformity resulting from the packaging.

The good is in conformity with the contract if it is specific to the use usually expected of a similar good, and if applicable:

  • If it corresponds to the description given by the Seller and has the qualities that the latter presented to the Buyer, apart from the subjective qualities by their nature,
  • If it has the qualities that a Buyer can legitimately expect given the public statements made by the Seller, in particular in advertising or labeling.

The Buyer is entitled to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect which he knew or could not ignore when he contracted. In the event of a lack of conformity, the Buyer may obtain the replacement of the goods.

If the replacement of the good is impossible, the Buyer can return the Good and have the price refunded or keep the good and have part of the price refunded. The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

11.2 – Under the provisions of the Civil Code

The Seller is bound by the warranty for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the Buyer would not have acquired it, or does not would have given a lesser price, if he had known them.

The action resulting from redhibitory defects must be brought by the Purchaser within two years from the discovery of the defect. The Purchaser may exercise these guarantees by sending a request to: CRISTALLERIE DE MONTBRONN SAS, 13 rue des Verriers, 57415 MONTBRONN.

ARTICLE 12 – INTELLECTUAL PROPERTY

All intellectual property rights, in particular copyrights, registered trademarks, image rights and related rights relating to the general structure of the Site as well as to the texts, logos, and any other element making up the Site, belonging to the Seller, its group companies or their managers remain the exclusive property of the Seller or their respective owners.

The “Cristallerie de Montbronn” trademark is notably the subject of a deposit with the INPI under number 4489170 for classes n°14 – 16 – 21 – 34.

Any exploitation, commercial or not, in particular any downloading, copying, reproduction, distribution, transmission, dissemination, adaptation, translation or representation in whole or in part of the Site, and in particular of its general structure and/or its logo, of the aforementioned brands, by any current or future means and process, on any current or future medium, without the prior written authorization of the Seller or their respective holders is prohibited and is likely to give rise to legal proceedings, in particular for infringement.

The databases appearing on the Website are protected by the provisions of articles L. 341-1 and following of the Intellectual Property Code. In particular, the extraction and production, quantitatively or qualitatively substantial, of the content of the databases contained on the Site are prohibited. Any offender is liable to the penalties referred to in articles L.343-1 and following of the Intellectual Property Code.

It is strictly forbidden to use any program intended to suck up the content of the Site, with the exception of robots used by companies operating search engines.

ARTICLE 13 – PROTECTION OF PERSONAL DATA

The Seller, as part of the Services offered on the Website, is required to collect personal data from the Buyer which is necessary for the proper functioning of the Site and the performance of its Services.

The Buyer accepts that the personal data that he communicates to the Seller will be subject to the processing necessary for the recording and sending of the order.

The Seller collects and processes personal data with the utmost confidentiality in compliance with its personal data processing charter.

The Seller does not transmit this personal data to any third party, except with the express consent of the Buyer, with the exception of the necessary transmission of this personal data to its business partners for the sole purpose of processing the order, delivering the Goods ordered by the Buyer.

The personal data collected by the Seller is neither sold nor communicated to third parties outside the conditions provided for in this article.

The Buyer's personal data is only used for commercial prospecting purposes with his explicit consent.

In accordance with the aforementioned Data Protection Act and Regulation (EU) 2016/679 "GDPR", the Buyer has at any time a right to access, query, modify, rectify and delete data. personal about him.

If the Buyer no longer wishes to receive commercial prospecting by e-mail from the Seller, he may notify the Seller by one of the following means:

  • By clicking on the unsubscribe link at the bottom of the “NEWSLETTER” emails;
  • By sending an unsubscribe request using the contact form available on the site;

The Seller retains this information for six (6) months from the final delivery of the goods. After this period and if the Buyer does not place a new order, the personal data collected will be erased.

Personal data whose retention is mandatory (accounting documents, delivery notes, etc.) will be kept in the form of archives for the entire mandatory period pursuant to the applicable regime.

All rights relating to personal data are exercised with the Seller:

  • By post: CRISTALLERIE DE MONTBRONN SAS, 13 rue des Verriers, 57415 MONTBRONN
  • By e-mail: public@cristallerie-montbronn.com

SECTION 14 – COOKIES

For the proper operation of the Site, the Seller may place cookies in the browser of any Visitor. For statistical purposes, the Seller may collect browsing information through the use of cookies.

Each Visitor or Buyer is free to accept or refuse cookies by configuring their browser (disabling all or part of the cookies, refer to the user manual of the Web browser or the “Help” tab).

Disabling cookies may result in the unavailability of certain Site Services.

The Visitor or the Buyer may, moreover, at any time delete the registration of cookies or the cookies already registered on his computer, by setting the privacy protection options of his Internet browser (for example on Mozilla Firefox: Tools > Clear My Tracks > Cookies; on Microsoft Internet Explorer: Tools > Delete Browsing History > Delete Cookies).

The CNIL website also indicates the procedure for managing and deleting cookies on your web browser, available at the following address: https://www.cnil.fr/fr/cookies-les-outils-pour-les- master .

ARTICLE 15 – FORCE MAJEURE

The performance by the Seller of its obligations under this Contract shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay its performance.

The Seller will notify the Buyer of the occurrence of such fortuitous event or force majeure within eight (8) working days from the date of occurrence of the event.

When the suspension of the performance of the Seller's obligations continues for a period of more than fifteen (15) working days, the Buyer has the option of terminating the Order in progress and the Seller will then refund the Order under the conditions referred to in Article 10.

ARTICLE 16 – NULLITY

If any of the stipulations of these GCS prove to be invalid under a rule of law in force or a judicial decision that has become final, it would then be deemed unwritten, without however resulting in the nullity of these GCS or alter the validity of its other stipulations.

Moreover, if one of the present stipulations of this contract were cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties.

ARTICLE 17 – INDEPENDENCE OF THE PARTIES

Neither party can commit in the name and/or on behalf of the other Party. Each of the parties remains solely responsible for its claims, commitments, services, products and personnel.

ARTICLE 18 – NON-WAIVER

The fact for one of the Parties not to take advantage of a commitment by the other Party to any of the obligations referred to in this contract cannot be interpreted for the future as a waiver of the obligation in cause.

ARTICLE 19 – NOTICES

All notifications to be made under this contract will be deemed to have been made if they are made to the following addresses:

  • To the Seller: by registered letter with acknowledgment of receipt: Cristallerie de Montbronn SAS, 13 rue des Verriers, 57415 MONTBRONN
  • To the Buyer: to the e-mail address indicated when creating his Account on the Website.

ARTICLE 20 – APPLICABLE LAW AND JURISDICTION

These T&Cs are subject to French law.

The language of these T&Cs is French.

In accordance with the provisions of Article L. 612-1 of the Consumer Code:

"Any consumer has the right to have free recourse to a consumer mediator with a view to the amicable termination of the dispute between him and a professional".

Disputes falling within the scope of Article L.612-1 of the Consumer Code are the disputes defined in Article L. 611-1 of the Consumer Code, namely disputes of a contractual nature, relating on the performance of a contract for the sale or supply of services, between a consumer and a professional. The text opens up national disputes and cross-border disputes.

For any difficulty, we invite you to contact us beforehand:

  • Cristallerie de Montbronn SAS, 13 rue des Verriers, 57415 MONTBRONN
  • Email: public@cristallerie-montbronn.com

Within the limits of any dispute arising from the execution or interpretation of these GCS, and more generally from relations of any kind between the Seller and a Professional Buyer or a Visitor, in particular access to Content and Services, will be under the exclusive jurisdiction of the courts of Metz, unless otherwise applicable mandatory legal or public order provisions.

Any User domiciled outside France accepts that disputes arising from the execution or interpretation of these T&Cs, and more generally from access to Content or free or paid Services, are subject to French law and the courts of Strasbourg.