Section 1. Application of the GTC

These general conditions of sale or GTC apply, without restriction or reservation, to all sales of ceramic parts presented by the sole proprietorship Léma Céramique (Léa Hochedé), whose registered office is located at Chemin de la Mairie 20129 Bastelicaccia under the SIRET number 92324871000017, to the consumer and non-professional buyer through the Site www.lemacoho.com accessible on the internet.
The www.lemacoho.com site (called “the Site”) is an internet platform (marketplace) allowing independent craftsmen to distribute their Products.
Léma Céramique reserves the right to modify these general conditions of sale at any time. In this case, the general conditions of sale applicable will be those in force at the time of placing the Order. Placing an Order on the Site implies www.lemacoho.com the Buyer’s full and unreserved acceptance of these general conditions of sale.
Unless proven otherwise, the data recorded on the Website constitutes proof of all the Buyer’s transactions. The Buyer acknowledges having the required capacity to contract and acquire the Products offered on the Site.

Article 2. Produce

The Products are unique handcrafted pieces offered for sale by Léma Céramique. The Products appear on the Site www.lemacoho.com, on the day of consultation of the Site by the Customer within the limits of available stocks. Our offers of Products and Prices are valid as long as they are visible on the Site, within the limits of available stocks. Errors or modifications may exceptionally exist, in particular in the case of simultaneous orders of the same Product by several Customers. Léma Céramique incurs no liability in the event of stock shortages or unavailability of Products for Orders that have not yet been accepted by Léma Céramique. Léma Céramique strives to present and describe the Products as accurately and accurately as possible. However, the elements, such as photographs, graphics or illustrations accompanying the products are given for information purposes only and are not contractual, and can therefore not engage the responsibility of the company. Our Products are unique and entirely handmade. Like any Handicraft Product, shapes, colours, weight and size may vary slightly from one Product to another. The photographs of the Products are presented for information only.

Article 3. Price

All Prices are indicated in euros excluding taxes “VAT not applicable – article 293 B of the CGI”. The Prices indicated do not take into account the shipping costs that will be invoiced and will be specified to the Customer during the final validation of his Order. Their amount varies according to the destination chosen in accordance with Article 6.1 of these GTC.
In accordance with the provisions of Article 5 of these GTC, payment of the Price is made in cash when ordering via “Stripe”.

Section 4. Order

4.1. Product Selection
Each Product that the Buyer wishes to select for his potential purchase must be added to his dematerialized “basket”, on the Site, by clicking on the “add to cart” button.
4.2. Order summary report
By clicking on his “basket”, the Buyer can check the summary status of his order and if necessary modify and / or validate his Order by clicking on the “Order” buttons. Due to the singularity of the product(s), it is expressly specified to the Buyer that as long as he has not clicked on the “Order” button, the Product may be sold to another Buyer.
4.3. Acceptance of the GTC and personal information
From the moment the Buyer validates his order by clicking on the “Order” button, he must fill in his personal information and must also accept without restriction or reservation these GTC as well as the Prices, volumes, characteristics, quantities and delivery times of the Products he has ordered before clicking on the “Continue” button.
The data recorded by the Site constitutes proof of all transactions between Léma Céramique and its Customers. In the event of a dispute between Léma Céramique and one of its Clients on a transaction carried out on the Site, the data recorded on www.lemacoho.com are considered valid proof of the content of the transaction.
4.4. Billing and delivery address
The Buyer must inform or verify his name, billing and delivery address of the Order accurately. The Buyer undertakes to ensure the veracity of the data transmitted.
4.5. Delivery method and payment method
The Buyer must, to finalize his Order, enter the designated delivery method and the chosen payment method. Delivery costs will be calculated on the next page in the ordering process.

Section 5. Payment & Order Confirmation

To proceed with the payment of the Order by Stripe, the Buyer will be asked: the choice of the type of credit card (Blue, Visa, Eurocard / Mastercard), the indication of the card number, the expiry date of the credit card and the visual cryptogram (the last three digits appearing on the signature panel on the back of the credit card), then proceed with validation. Note: during secure online payment by Stripe, the card number will never be communicated to the company. The transmission of payment information is encrypted and secured using the SSL (Secure Socket Layer) protocol.
Upon registration of the order form, an e-mail confirming the registration of the Order summarizing all the elements relating to it will be sent to the Buyer. Once completed, your Order is sent to Léma Céramique for processing. The Buyer will receive a second e-mail from Léma Céramique which will validate or not the Order. By printing and/or keeping this second validation e-mail, the Buyer has a means of proof attesting to his Order and his acceptance thereof. Léma Céramique reserves the right to refuse any Order from the buyer or any delivery for legitimate reasons and, more particularly, if the Product ordered is no longer available for sale or if the quantities of Products ordered are abnormally high for Buyers having the quality of Consumers or if the purchase of the Products seems fraudulent. In this case, Léma Céramique will cancel the Order without delay and refund the sums paid by the Buyer. Following the acceptance of the Order by Léma Céramique, an indicative period of 1 to 3 weeks applies before shipment of the Order.

Section 6. Delivery

6.1. Shipping costs
The Product(s) are sent directly by the ceramic craftsman(s) to the Buyer following his Order. Shipping costs are fixed and are the responsibility of the Buyer for shipment in metropolitan France and to the European Union, Switzerland and United Kingdom. The amount of Delivery costs is calculated according to the destination and the delivery method chosen. Delivery costs are offered from 150 euros of purchase in metropolitan France only.
For Orders with international shipping outside the EU, Switzerland and the United Kingdom, please contact the company via e-mail at the following address XXXX@lemacoho.com, or via the contact form on the www.lemacoho.com Website.
For information, the fixed amount of shipping costs, in metropolitan France, Andorra and Monaco are as follows:
– Parcel less than 800 grams, shipping costs between 7 € and 9 €;
– Parcel less than 1.5 kg, shipping costs between 9 € and 11 €;
– Parcel greater than 1.5 kg, shipping costs greater than 11 €.
For information, the fixed amount of Shipping costs, to the European Union, Switzerland and United Kingdom are as follows:
– Parcel less than 800 grams, shipping costs between 14 € and 17 €;
– Parcel less than 1.5 kg, shipping costs between 17 € and 19 €;
– Parcel greater than 1.5 kg, shipping costs greater than 19 €.
Customs duties or other local taxes or import duties may be payable. These duties and sums are the responsibility of the Buyer, they will be indicated if necessary at the time of Delivery and will be payable directly to the carrier.

6.2. Delivery times
Unless otherwise stated on the website, Léma Céramique will make its best efforts to ensure that the Order is shipped within an indicative period of 1 to 3 weeks from the day following receipt of payment. 
Following the shipping time is added an average delivery time of 5 working days in Metropolitan France. Unless otherwise stipulated, Delivery is made to the address indicated by the Buyer when placing his Order. In order for these deadlines to be respected, the Buyer must ensure that he has communicated accurate and complete information concerning the Delivery address (such as, in particular: street, building, staircase number, access codes, names and/or intercom numbers, etc.).
The Products will be sent by post. Léma Céramique declines all responsibility in the event of excessive delivery time due to postal services, as well as in the event of loss of the Products ordered or strike. The risks of transport are borne by the Buyer, who must lodge a reasoned protest with the postal services within three working days of Delivery. In addition, it is specified that the ownership of the Products ordered will only be transferred to the Buyer upon full payment of the invoiced Price, including Delivery costs.
However, despite all the care taken by Léma Céramique in the preparation of packages, it is possible that a Product is missing. Similarly, after transport of the package, one of the Products may be damaged. This is why, upon receipt of his Order, the Buyer will check the conformity of the Products received. Any anomaly concerning the Delivery (missing product, wrong model/color combination, damaged package) must be notified, on the same day of receipt or at the latest the first working day following receipt, to Léma Céramique – Chemin de la Mairie 20129 Bastelicaccia, or by e-mail addressed to XXXXXX@gmail.com. For any claim made after this period, Léma Céramique will be released from any liability. Léma Céramique reserves the right to ask the Buyer to return the defective Product. The return costs will be borne by the Buyer unless the return is due to an error on the part of Léma Céramique. If the aforementioned conditions are met, Léma Céramique will then proceed either to the exchange or refund of the defective Product(s), or to the re-shipment of the missing Product (subject to the merits of the Buyer’s request).

6.3 Unavailability of Products

In the event of unavailability of a product, noted after the validation of the order, the company Léma Céramique immediately informs the Buyer and proceeds to the refund of the sums paid by the Buyer.
6.4 Non-withdrawal or refusal of delivery
In case of non-withdrawal, refusal to take the package or refusal to collect the package at the relay point for reasons unrelated to its damage, return delivery costs will be deducted from the refund of the Products.
6.5. Transfer of risk
It is at the moment when the Product leaves the workshop of the craftsman that any risk of loss or damage to the Products is transferred to the Buyer.

Section 7. Right of withdrawal

Upon receipt of the last of the Products of his Order, the Buyer has a withdrawal period of fourteen (14) calendar days to exercise his right of withdrawal by informing the company Léma Céramique in writing either by e-mail to XXXX@lemacoho.com or to the following address: Léma Céramique – Chemin de la Mairie 20129 Bastelicaccia (France). After this period, you will no longer be able to exercise your right of withdrawal.
The Buyer must return the Products to the craftsman no later than fourteen (14) calendar days following the communication of his decision to withdraw. The company Léma Céramique will reimburse the Buyer, within fourteen (14) days from the date of receipt by Léma Céramique of the parcel (the date of receipt being equivalent to notification of the exercise by the Buyer of his right of withdrawal), the sums paid by him. At the end of this period of fourteen (14) days, the Products delivered will be deemed to comply with the Buyer’s Order and accepted by him.
The costs of returning the product and the risks inherent in the return transport are the responsibility of the Buyer. As part of the exercise of the right of withdrawal, any product damaged, incomplete, or whose original packaging is damaged or absent, will not be refunded and can not be exchanged.

Article L.221-11 of the French Consumer Code provides:
“Where the contract is concluded at a distance, the trader shall provide the consumer, in a legible and comprehensible manner, with the information provided for in Article L. 221-5 or make it available to him by any means suitable for the distance communication technique used.”

Article L.221-5 of that code provides:
1.-Prior to the conclusion of a contract for the sale of goods or the provision of services, digital content or digital services, the trader shall provide the consumer, in a legible and comprehensible manner, with the following information: […]

7° Where the right of withdrawal exists, the conditions, the time limit and the procedures for exercising this right as well as the standard withdrawal form, the conditions of presentation of which and the information contained therein are set by decree of the Council of State; […]

Regarding the withdrawal form, Article R.221-1 of the Consumer Code specifies:
“The standard withdrawal form referred to in paragraph 7 of Article L.221-5 is annexed to this Code.”

The annex to Article R.221-1 of the Consumer Code:
” MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of Léma Céramique, Chemin de la mairie 20129 Bastelicaccia, lea@lemacoho.com:
I/we (*) hereby notify you/our (*) withdrawal from the contract for the sale of goods (*)/for the provision of services (*) herein:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s) (only in case of notification of this form on paper):
Date:
(*) Delete as unnecessary. “

Section 8. Legal guarantees & return of non-compliant products

All Products supplied by Léma Céramique benefit from the legal guarantee of conformity provided for in Articles L.217-4 to L.217-14 of the Consumer Code and the legal guarantee against hidden defects provided for in Articles 1641 to 1649 of the Civil Code. Under these guarantees, Léma Céramique undertakes, at the Buyer’s option, to reimburse or exchange defective Products or Products that do not correspond to its Order, at no cost to the Buyer.
If the Product(s) delivered does not comply with the Order, the Buyer must send, within a reasonable time after receipt, a complaint to the company Léma Céramique with a view to obtaining a refund or replacement of the Product(s).

Section 9. Personal data

The provision of personal information collected in the context of distance selling is mandatory, this information being necessary for the processing and Delivery of Orders as well as for the establishment of invoices. This information is strictly confidential. The lack of information implies the automatic rejection of the Order.

Section 10. Responsibility

Léma Céramique will not be liable for the total or partial non-performance of its obligations under this contract, if this non-performance is caused by an event constituting force majeure, in particular in the event of disruption or total or partial strike, in particular of postal services and means of transport and/or communications, fire, floods, failure or breakdown of equipment, or because of the actions of the Buyer.
Léma Céramique may suspend access to the site without notice for maintenance and updating reasons or for security reasons. Similarly, the Company cannot be held responsible for temporary difficulties or impossibilities of access to the Site that would be caused by circumstances external to it, force majeure, or that would be due to disruptions of the telecommunications network. The Company does not undertake that the Site will operate without errors, anomalies or interruptions.

Section 11. Mediation

All sales made on the Site www.lemacoho.com, as well as these General Terms and Conditions of Sale are governed by French legislation, more particularly the Consumer Code.
In the event of a dispute between Léma Céramique and a Buyer that cannot be resolved via our customer service and in accordance with Article L. 612-1 of the Consumer Code, you can use the mediation service free of charge: https://mediateur-consommation-afepame.fr/
The General Conditions shall be subject to and construed in accordance with French law. Any dispute not settled in a transactional manner will be brought before the courts with material jurisdiction. These GTC and any contract concluded pursuant thereto are subject to French law and are written in French. In case of translation into other languages, only the French version is authentic in case of dispute.