Terms and Conditions of Sale
Argile-Peinture.com,
The digital store for Argile Peinture services and products
Introduction
The argile-peinture.com website sells Argile paints, color charts, kits, 125 ml tester pots, and repositionable A4 formats to showcase the Argile paint range.
The detailed offering of the Argile paint range is accessible on the argile-peinture.com website, where technical product sheets in .pdf format are available, as well as technical advice and recommendations (description, intended use, advantages, VOC content/liter, appearance, density, washability, application conditions, packaging, surface preparation, maintenance, and safety, in particular).
The customer's attention is drawn to the instructions for use and installation of the goods.
Specifically, the on-screen representation of Argile shades may differ from reality or from those in the color charts. It is strongly advised to properly prepare the project before starting work with Argile tools, especially with repositionable A4 formats and tester pots to validate the Argile color before purchasing paints online.
It is also strongly advised to consult the technical data sheets before purchasing online.
In addition, any request for further information can be made by calling our professional showroom at +33 9 61 68 22 81 or by visiting us by appointment in the 10th arrondissement of Paris. Appointments are recommended.
The terms of processing of the Customer's personal data are detailed in the Privacy Policy, accessible on the Website. Information regarding ARGILE's identity and contact details can be found in the Legal Notice of the Website.
Article 1: Scope of application
1.1. These general terms and conditions of sale (hereinafter the "GTC") apply to any professional or private customer (hereinafter the "Customer") wishing to purchase paints and samples (color charts, kits, 125 ml tester pots, and repositionable A4 formats) or order a Color Consultation (hereinafter the "Products") sold on the website "www.argile-peinture.com" (hereinafter the "Website") belonging to the company ARGILE (hereinafter "ARGILE"); all of ARGILE's contact details are listed in the "Legal Notice" section of the Website.
1.2. The GTC are accessible at any time on the Website under the heading "General Terms and Conditions of Sale" and are inseparable from the current price of the Products. The Customer can print and/or save them for personal use.
1.3. The data recorded by ARGILE may be used as proof of all transactions with the Customer.
1.4. The Products presented on the Website are offered for sale for delivery in mainland FRANCE.
1.5. Product offers are subject to available stock; product availability is not visible on the website.
1.6. Any validation of a Product order by a Customer on the Website implies the Customer's unreserved acceptance of the GTC in force on the day of the order.
Article 2: Orders
2.1. Before validating the order, the Customer must provide their billing and delivery details on the Website. A shopping cart is generated for the Customer with each order.
2.2. All orders are placed by the Customer directly on the Website.
2.3. All steps necessary to place an order, as well as all information to be provided by the Customer for the processing and delivery of the order, are specified on the Website. The Customer guarantees the truthfulness of the information provided in this regard.
2.4. As Products are selected, the Customer's shopping cart is filled. The Customer finalizes their order by clicking on the "Validate order" or "Order" icon. Before this validation, the Customer can return to previous pages, modify their order, and the information they have provided. Once validated, the Customer is bound by the corresponding order. ARGILE cannot be held responsible for any input errors made by the Customer.
2.5. ARGILE shall be entitled to refuse an order for legitimate reasons, which it will inform the Customer of by e-mail; such a reason shall include the absence of all or part of the information necessary for the processing and delivery of the ordered Products or the temporary or permanent unavailability of the ordered Products.
2.6. Acceptance of the Customer's order is materialized, after receipt of payment for the ordered Products by credit card, by a confirmation e-mail acknowledging receipt of the order and detailing its information.
Orders are accepted subject to stock availability. Furthermore, in case of stock outage, the Customer will be informed of the temporary impossibility of delivery within the indicative times specified on the website.
ARGILE reserves the right to refuse to accept any order if there is a material error in the description of the goods or in the prices displayed on the website.
Article 3: Delivery
3.1. ARGILE will make its best efforts to deliver the ordered Products within the deadlines indicated on the website.
However, as this deadline is indicative, any delay cannot give rise to any damages. All goods sold remain the exclusive property of Argile (the seller) until receipt by the seller.
3.2. Delivery of Products is deemed to be effected:
- either by direct delivery of the ordered Products to the Customer at the address specified in their order
- or by depositing the Products contained in a letter or package in the mailbox corresponding to the said address.
In the event that the Customer is not present and the mailbox is of insufficient size, the Customer will receive a delivery notice allowing them to collect the letter or package from the Post Office indicated on the said notice within the period mentioned therein. After this period, the letter or package will be returned to ARGILE and the Customer will be reimbursed the amount of the corresponding order, less return costs;
If this delivery is delayed for a reason beyond ARGILE's control, it will be deemed to have been made on the agreed date.
Unless otherwise stipulated, it is the buyer's responsibility to bear the costs and risks of transporting the goods sold, after delivery.
Any claim against the carrier must be made in accordance with the rules of Article L 133-3 of the Commercial Code.
3.3. The transfer of risks of loss or damage to the Products occurs upon delivery, at the time the Products are handed over or deposited, as indicated in Article 3.2 of these GTC.
3.4. The Customer is obliged to check the condition of the delivered Products. Any reservations or claims must be sent to the email address contact@argile-peinture.com no later than three (3) working days following said delivery, without prejudice to applicable legal provisions.
After this period and if these formalities have not been respected, the Products will be deemed free of any apparent defect and no claim will be accepted by ARGILE.
Returned goods
In accordance with Articles L221-18 et seq. of the Consumer Code, the Customer has a period of 14 calendar days from receipt of the goods to exercise their right of withdrawal, without having to give any reason or incur any penalties.
The Customer informs ARGILE of their decision to withdraw:
- either via the online withdrawal function available on the Website ("cancel contract here"), ARGILE acknowledging receipt of this declaration by email as soon as possible;
- or by any other unambiguous means, notably by email to contact@argile-peinture.com.
The Customer must then arrange, at their own expense, for the return of the goods in a marketable condition, no later than 14 days following the communication of their decision to withdraw, to the following address: Argile Peinture, Retours marchandises, 35-37 avenue du Gros Chêne – PA Les Bellevues – 95220 HERBLAY.
If the seller pays the return costs, the amount in question will then be deducted from any refund.
The goods will be deemed returned upon effective receipt by the seller at the said address.
Pending the return of the goods, they must be kept in good condition; in strict compliance with the foregoing, customers will be entitled to a full refund (minus the aforementioned costs), made no later than 14 days following the date on which ARGILE is informed of the decision to withdraw.
The right of withdrawal cannot be exercised for goods manufactured according to customer specifications or that have been clearly personalized (for example, painted samples in a format different from A4 format).
Other than returns of goods in accordance with the paragraph above, we reserve the right to charge a 20% restocking fee when we accept returns of goods.
Damaged/lost goods
If the customer receives damaged goods or an incomplete delivery, the seller must be informed within the deadlines indicated in the paragraph above so that replacement goods can be sent at no additional cost. A request made for this purpose beyond these deadlines cannot be accepted. Any return is subject to your provision of proof of damage or incomplete delivery as we may reasonably request.
Counterfeiting of the ARGILE ® brand, shades and colors:
Any counterfeiting of the ARGILE brand design, colors, and color chart automatically exposes the offending person or company to legal action. It also gives ARGILE the right to claim damages for prejudice before the competent courts.
Article 4: Financial conditions
4.1. The selling prices of the Products are those appearing on the Website on the day the order is placed by the Customer. They are expressed in euros including VAT when added to the cart, excluding delivery costs.
Prices may be changed by Argile without prior notice.
The amount of any delivery costs corresponding to the order and the chosen delivery method appears in the order summary so that the Customer can validate their order, being informed of the total amount of the invoice to be paid for the ordered Products and the related delivery costs.
VAT applies at the time of order finalization, on products and delivery costs.
4.3. An invoice showing VAT is then issued by the argile-peinture.com website. The Customer will receive a summary email of the order including the invoice, which the customer can edit, save, and print.
4.4. The price of the Products is paid by credit card or any other payment method offered on the Website, using the secure payment system Shopify Payments.
4.5. Payment will be debited at the time of acceptance of the order by the Customer, as defined in Article 2.6 of these GTC.
Article 5: Retention of title clause
5.1. Notwithstanding Articles 1196 and 1583 of the Civil Code, ARGILE expressly reserves ownership of the delivered Products until full payment of their price. In the event of Customer default, ARGILE reserves the right to repossess the Products. However, the Customer becomes responsible for them upon their physical delivery, the transfer of possession entailing that of risks.
5.2. The Customer shall immediately inform ARGILE of any seizure or any other precautionary measure taken by a third party on the Products subject to the retention of title, before full payment of the price.
5.3. The Customer shall take all measures to ensure, at all times, the identification of the Products for their claim, before full payment of the price.
5.4. The Customer is prohibited from making any transformation or modification to the Products before full payment of the price.
Article 6: Warranties
6.1. The Customer benefits from applicable legal guarantees.
6.2. In accordance with the terms of Article 3.4 of these GTC, the Customer is obliged to check the conformity of the Products with their order upon delivery. In the event of proven non-conformity of the Products by the Customer, ARGILE will proceed with their replacement, or their refund, if their replacement is not possible, no later than thirty (30) days following the return of the Products by the Customer.
6.3. No return of Products may be made without ARGILE's written consent, this consent not implying any admission of liability.
Article 7: Liability
7.1. ARGILE disclaims all liability for any quantity discrepancy not noted upon delivery and also for any deterioration in the quality of the Products after delivery resulting from the storage, handling and/or use of the Products by the Customer, or any other cause beyond ARGILE's control.
7.2. The Products delivered to the Customer are for indicative purposes only. ARGILE cannot therefore be held liable in the event of a difference between the final paint shade and that presented on the Product concerned. Similarly, ARGILE cannot be held liable for any difference noted by the Customer between the colours of the Products visible on the Website and those of the Products delivered.
7.3. ARGILE's liability can only be invoked for the compensation of actual, direct, personal, and certain damage suffered by the Customer due to the Products, provided that the latter proves that a breach or fault on the part of ARGILE is the cause of this damage. ARGILE's liability cannot in any case be invoked for the compensation of indirect losses or damages suffered by the Customer.
Article 8: Force Majeure
Any event of force majeure, as defined by law or jurisprudence, authorizes ARGILE to suspend the delivery of Products for the duration of the said event of force majeure. In the event that the force majeure event extends beyond three (3) months, each party shall be authorized to terminate the affected orders, by simple written notice and without paying any compensation to the other party.
Article 9: Retention and Archiving
The archiving of orders and invoices is carried out by ARGILE on a reliable and durable medium so as to constitute a faithful copy in accordance with the provisions of Article 1379 of the Civil Code.
Article 10: Applicable Law – Mediation – Disputes
10.1. The GTC are governed by French law, excluding the application of conflict of law rules.
10.2. In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, ARGILE adheres to the consumer mediation service of [NAME OF MEDIATOR – to be chosen by Argile]. After a prior written approach to ARGILE, the Customer may, in the event of a dispute, submit their complaint on the mediator's website: [MEDIATOR'S URL].
10.3. For any dispute, the Customer may also use the European Online Dispute Resolution (ODR) platform, accessible at: https://ec.europa.eu/consumers/odr
10.4. For all disputes arising from the interpretation or application of the GTC or the execution of an order, the competent court will be the commercial court of ARGILE's registered office, which is expressly accepted by the Customer.
Article 11: General Provisions
11.1. The failure of one of the parties to demand at any given time the full performance of its obligations by the other party shall in no case be considered a waiver of its right to demand such performance subsequently.
11.2. If a stipulation of these GTC should be null and void by virtue of a law, regulation, or judicial decision, it shall be deemed unwritten. However, the other stipulations of these GTC shall remain in force.
11.3. We reserve the right to change these general terms and conditions of sale from time to time and ask you to refer to them each time you place an order.
Any notification from the Customer to ARGILE under these GTC shall be made by registered letter with acknowledgment of receipt, postage paid, or by hand-delivered letter against discharge, to the following address: Argile, 35-37 avenue du Gros Chêne, PA les Bellevues – 95220 Herblay.