Terms and Conditions of Sale
This English version is provided for convenience only. The French version of these Terms and Conditions of Sale is the legally binding text and prevails in the event of any discrepancy.
Argile-Peinture.com,
The digital store for Argile Peinture's products and services
Introduction
The website argile-peinture.com sells paints, colour charts, boxes, 125 ml tester pots and repositionable A4 samples presenting the Argile paint range.
The full Argile paint range is available on argile-peinture.com, where technical product data sheets can be consulted in .pdf format, along with technical advice and recommendations (description, intended use, benefits, g. VOC / l., finish, density, washability, application conditions, packaging, surface preparation, care and safety, among others).
The customer's attention is drawn to the instructions for use and application supplied with the goods.
In particular, Argile colours shown on screen may differ from reality or from the printed colour charts. We strongly recommend preparing your project thoroughly before starting work, using the Argile tools — in particular the repositionable A4 samples and the tester pots — so as to confirm your Argile colour before buying paint online.
We also strongly recommend reading the technical data sheets before buying online.
In addition, any request for further information can be made by calling our professional showroom on +33 9 61 68 22 81, or by visiting us in the 10th arrondissement of Paris, by appointment. Booking an appointment is recommended.
How the Customer's personal data is processed is set out in the Privacy Policy, available on the Website. Information about ARGILE's identity and contact details appears in the Website's Legal Notice.
Article 1: Scope
1.1. These terms and conditions of sale (the "T&Cs") apply to any professional or private customer (the "Customer") wishing to purchase paints and samples (colour charts, boxes, 125 ml tester pots and repositionable A4 samples) or to order a Colour Consultation (the "Products") sold on the website "www.argile-peinture.com" (the "Website"), owned by the company ARGILE ("ARGILE"); all of ARGILE's contact details appear in the Website's "Legal Notice".
1.2. The T&Cs are available at all times on the Website under "Terms and Conditions of Sale" and are inseparable from the Product prices in force. The Customer may print and/or save them for personal use.
1.3. The data recorded by ARGILE may be used as evidence of all transactions entered into 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 shown on the website.
1.6. By confirming an order for Products on the Website, the Customer accepts without reservation the T&Cs in force on the day of the order.
Article 2: Orders
2.1. Before confirming an order, the Customer must enter their billing and delivery details on the Website. A basket is generated for the Customer for each order.
2.2. All orders are placed by the Customer directly on the Website.
2.3. All the steps required to place an order, and all the information the Customer must provide for the order to be processed and delivered, are set out on the Website. The Customer undertakes that the information provided is accurate.
2.4. As Products are selected, the Customer's basket fills up. The Customer completes the order by clicking "Confirm order" or "Order". Before confirming, the Customer may return to previous pages and amend the order and the information provided. Once confirmed, the Customer is bound by the corresponding order. ARGILE cannot be held liable for input errors made by the Customer.
2.5. ARGILE is entitled to refuse an order on legitimate grounds, of which it will inform the Customer by email; such grounds include missing information required to process and deliver the Products ordered, or the temporary or permanent unavailability of the Products ordered.
2.6. Acceptance of the Customer's order is evidenced, after payment for the Products ordered has been received by card, by a confirmation email acknowledging the order and restating its details.
Orders are accepted subject to available stock. Should an item be out of stock, the Customer will be informed that delivery within the indicative times shown on the website is temporarily not possible.
ARGILE reserves the right to refuse any order where there is a material error in the description of the goods or in the prices shown on the website.
Article 3: Delivery
3.1. ARGILE will use its best efforts to deliver the Products ordered within the times shown on the website. However, as these times are given as an indication only, any delay cannot give rise to damages. All goods sold remain the exclusive property of Argile (the seller) until they are received by the seller.
3.2. Delivery of the Products is deemed to have taken place:
- either by handing the Products ordered directly to the Customer at the address stated in the order,
- or by placing the Products, contained in an envelope or parcel, in the letterbox for that address.
Where the Customer is not present and the letterbox is too small, the Customer will receive a delivery notice allowing them to collect the envelope or parcel from the post office named on that notice, within the period stated. After that period, the envelope or parcel will be returned to ARGILE and the Customer will be refunded the amount of the corresponding order, less return costs.
If delivery is delayed for a reason beyond ARGILE's control, it will be deemed to have taken place on the agreed date.
Unless otherwise agreed, the buyer bears the costs and risks of transporting the goods sold after delivery.
Any claim against the carrier must be made in accordance with article L 133-3 of the French Commercial Code.
3.3. Risk of loss of or damage to the Products passes on delivery, when the Products are handed over or deposited, as set out in article 3.2 of these T&Cs.
3.4. The Customer must check the condition of the Products delivered. Any reservation or claim must be sent to contact@argile-peinture.com no later than three (3) working days after that delivery, without prejudice to applicable statutory provisions.
After that period, and where these formalities have not been complied with, 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 French Consumer Code, the Customer has 14 calendar days from receipt of the goods to exercise their right of cancellation, without having to give a reason or incur penalties.
The Customer informs ARGILE of their decision to cancel:
- either through the online cancellation feature available on the Website ("cancel the contract here"), ARGILE acknowledging receipt of that statement by email as soon as possible;
- or by any other unambiguous means, in particular by email to contact@argile-peinture.com.
The Customer must then arrange, at their own expense, for the goods to be returned in resaleable condition, no later than 14 days after communicating their decision to cancel, 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, that amount will be deducted from any refund.
The goods will be deemed returned when they are actually received by the seller at that address.
Pending their return, the goods must be kept in good condition; subject to strict compliance with the above, customers will be entitled to a full refund (less the costs referred to above), made no later than 14 days after the date on which ARGILE is informed of the decision to cancel.
The right of cancellation cannot be exercised in respect of goods made to the customer's specifications or clearly personalised (for example, samples painted in a format other than A4).
Other than returns of goods under the paragraph above, we reserve the right to charge a restocking fee of 20% where we accept the return of goods.
Damaged or lost goods
Where the customer receives damaged goods or an incomplete delivery, the seller must be informed within the times stated in the paragraph above so that replacement goods can be sent at no additional cost. A request made after those times cannot be accepted. Any return is subject to your providing proof of the damage or of the incomplete delivery, as we may reasonably request.
Copying of the ARGILE ® brand, shades and colours
Copying the design of the ARGILE brand, its colours or its colour chart automatically exposes the person or company concerned to legal proceedings. It also entitles ARGILE to claim damages for loss before the competent courts.
Article 4: Financial terms
4.1. The sale prices of the Products are those shown on the Website on the day the Customer places the order. They are expressed in euros inclusive of tax when added to the basket, excluding delivery charges.
Prices may be changed by Argile without notice.
Any delivery charges corresponding to the order and to the delivery method chosen appear in the order summary, so that the Customer can confirm the order knowing the total amount payable for the Products ordered and the related delivery charges.
VAT is applied when the order is completed, on the products and on the delivery charges.
4.3. An invoice showing VAT is then issued by argile-peinture.com. The Customer will receive a summary email of the order including the invoice, which the Customer can view, save and print.
4.4. The price of the Products is paid by card or by any other payment method offered on the Website, through the secure payment system Shopify Payments.
4.5. Payment will be taken when the order is accepted, as defined in article 2.6 of these T&Cs.
Article 5: Retention of title
5.1. By way of exception to articles 1196 and 1583 of the French Civil Code, ARGILE expressly retains title to the Products delivered until their price has been paid in full. Should the Customer default, ARGILE reserves the right to repossess the Products. However, the Customer becomes responsible for them as soon as they are physically handed over, possession passing together with risk.
5.2. The Customer will immediately inform ARGILE of any seizure or other protective measure taken by a third party over the Products subject to retention of title before the price has been paid in full.
5.3. The Customer will take all steps to ensure that the Products can be identified at all times with a view to their recovery, before the price has been paid in full.
5.4. The Customer must not transform or modify the Products in any way before the price has been paid in full.
Article 6: Warranties
6.1. The Customer benefits from the applicable statutory warranties.
6.2. In accordance with article 3.4 of these T&Cs, the Customer must check that the Products conform to their order on delivery. Where the Customer proves that the Products do not conform, ARGILE will replace them or, if replacement is not possible, refund them, no later than thirty (30) days after the Products are returned by the Customer.
6.3. No Products may be returned without ARGILE's written consent, such consent implying no admission of liability.
Article 7: Liability
7.1. ARGILE accepts no liability for any difference in quantity not noted on delivery, nor for any deterioration in the quality of the Products after delivery resulting from their storage, handling and/or use by the Customer, or from any other cause beyond ARGILE's control.
7.2. The Products delivered to the Customer are indicative only. ARGILE cannot therefore be held liable for any difference between the shade of the finished paint and that shown on the Product concerned. Likewise, ARGILE cannot be held liable for any difference noted by the Customer between the colours of the Products shown on the Website and those of the Products delivered.
7.3. ARGILE can only be held liable to make good actual, direct, personal and certain loss suffered by the Customer as a result of the Products, provided the Customer proves that a breach or fault by ARGILE caused that loss. ARGILE can in no circumstances be held liable for indirect loss or damage suffered by the Customer.
Article 8: Force majeure
Any event of force majeure, as defined by law or case law, entitles ARGILE to suspend deliveries of Products for the duration of that event. Should the event of force majeure continue beyond three (3) months, either party will be entitled to terminate the orders affected, by simple written notice and without paying compensation to the other party.
Article 9: Retention and archiving
Orders and invoices are archived by ARGILE on a reliable and durable medium so as to constitute a faithful copy, in accordance with article 1379 of the French Civil Code.
Article 10: Governing law – mediation – disputes
10.1. The T&Cs are governed by French law, to the exclusion of conflict-of-law rules.
10.2. In accordance with the provisions of the French Consumer Code on the amicable settlement of disputes, ARGILE subscribes to the consumer mediation service of [NOM DU MÉDIATEUR — à choisir par Argile]. After first making a written approach to ARGILE, the Customer may, in the event of a dispute, submit their complaint on the mediator's website: [URL DU MÉDIATEUR].
10.3. For any dispute, the Customer may also use the European online dispute resolution (ODR) platform, available at: https://ec.europa.eu/consumers/odr
10.4. For all disputes arising from the interpretation or application of the T&Cs, or from the performance of an order, the competent court will be the commercial court of ARGILE's registered office, which the Customer expressly accepts.
Article 11: General provisions
11.1. The fact that one party does not at any given time require the other party to perform its obligations in full may in no circumstances be treated as a waiver of the right to require such performance later.
11.2. Should any provision of these T&Cs be void under a law, a regulation or a court decision, it will be deemed unwritten. The other provisions of these T&Cs will nevertheless remain in force.
11.3. We reserve the right to change these terms and conditions of sale from time to time, and we ask you to refer to them each time you place an order.
Any notice from the Customer to ARGILE under these T&Cs must be given by registered letter with acknowledgement of receipt, postage paid, or by letter delivered by hand against receipt, to the following address: Argile, 35-37 avenue du Gros Chêne, PA les Bellevues – 95220 Herblay.