1. About PMAM
The Site Pierre Maslo Art Machining, or PMAM, which is an exact alias of www.pierremaslo.fr, was created by Pierre Maslo.
The General Terms of Sale (GTS) are applicable for any use of the Site and any Order made on it. They are communicated to Customers when placing an order and are available for users at any time on the Site.
Users acknowledge having read and understood the Terms and hereby agree to be bound by them. The GTS shall prevail over all other contractual documents issued by the Users.
On its sole discretion, PMAM reserves the right to modify the GTS at any time by posting a notice on the Site or by sending a notice to users by email. Users are responsible for reviewing the modified GTS and should ensure that they are familiar with such changes. Any consultation of the Site or any Order subsequent to such a notification of a change in GTS implies the User's acceptance of the new GTS.
2. Definitions
GTS means the general terms of sale detailing the conditions for the use of the Site and how to make orders;
Customer means any natural person or legal entity who has a valid account or who makes one or more Orders on the Website with or without an account ;
Order means the Customer's firm order for the purchase of one or more products available on the Website. The creation of an account isn’t necessary to place an Order ;
Account means a valid User account notably for the execution of Orders and access to the history of the Orders ;
Content refers to the content (text, sound, videos) uploaded onto the Site by PMAM and which belong to it;
Personal Details means any personal data relating to an individual, enabling him to be identified;
Privacy Policy means the document prepared by PMAM, presenting its treatment of Users' Personal Details.
Products designate art machining items, and more generally, the products offered for sale by PMAM via the Site;
Site means PMAM e-shop, which is accessible at Pierre Maslo Art Machining, and from which users can place an Order;
User means any person who is a Customer, who may or may not consult the Site.
3. Registration on the Site & placing an Order
Orders are made on the Site.
3.1. Creation of, or access to, an Account
To place an Order, the User must create an account.
When creating an account, the Customer will receive an email from PMAM, confirming his registration and reminding him about his ID.
If the Customer already has an account, he will simply have to identify himself using his password. Customers' passwords are strictly personal and confidential. Customers should not share passwords with other people. Customers are responsible for the loss or theft of their password if it is proved that they have made a mistake. In this case, the Customer must inform PMAM immediately.
PMAM reserves the right to change the nature of the Personal Details that are necessary to create an account or to maintain the validity of an account.
3.2. Payment enabling order to be completed
Before making his payment, the Customer must complete details regarding invoicing and shipping and choose shipping arrangements which may result in delivery costs.
Customers will be informed of the estimated delivery time of products.
Before payment, the Client can check his Order and must accept the GTS.
Products may be paid for by all means of payment proposed on the Site.
The order will only be processed by PMAM once payment is made by the Customer.
3.3. Acknowledgment of receipt of Order and confirmation of Order by PMAM
After placing the Order, the Customer will receive an acknowledgment of receipt his Order by email, which will include the Order number. The acknowledgment of receipt does not constitute an acceptance of the Order.
Once the Order is accepted, PMAM will send the Customer a confirmation of the Order by email.
3.4. Product Delivery
Products will be delivered to the address provided by the Customer.
4. Terms of Purchase and Customer guarantees
To place an Order, if the Customer is a physical person, he must be an adult (or failing that, make the Order accompanied by his legal representatives) and be legally able to enter into contracts.
If the Order is made on behalf of a legal entity, the Customer declares and warrants that he is empowered to make the Order on its behalf.
The Customer warrants that the Products will not be delivered, sold and distributed for commercial purposes.
Any Order made contrary to this article will be null and void.
By validating an Order, the Customer submits to PMAM an offer to buy the products placed in the basket. PMAM reserves the right to refuse, cancel and cancel orders at any time if circumstances make it legitimate, especially in case of violation of the GTC or attempted fraud.
5. Information on Products & availability of products offered on the Site
The products offered for sale are those listed in the collections accessible on the Site and that may be subject to an Order, unless they are exceptionally unavailable.
PMAM reserves the right to punctually limit the quantity of Products that may be ordered by a Customer on a single purchase.
Product photographs are for illustrative purposes alone and are not contractual.
Any Order made in violation of this article shall be null and void.
Users should consult the description of each product to obtain their essential features.
6. Prices of Products and Shipping costs
Products shall be invoiced on the basis of the price in force at the time the Order is confirmed.
Prices are net and in euros, including tax, based on the rates provided to Users for deliveries in mainland France (including Corsica) and in all the European Union countries.
The packaging and shipping costs can be consulted by Users on Product pages and will be communicated to the Customer before the Order is validated.
In no case may the prices appearing on the Site when an Order is made shall incur PMAM's liability for future orders. Product prices may be changed at any time without prior notice and excluding Orders that are being processed.
7. Product payment & Invoicing
The Customer must pay his Order in full by any means proposed and accepted by PMAM.
If a payment is refused, the Customer must contact the provider of payment means responsible for such a refusal.
All invoices are dated on the day that the Order is placed. The invoice is sent by email to the Customer. The Customer will have access to all of his invoices from the Site for a certain period of time
Products will be delivered to the delivery address provided by the Customer when he makes his Order. PMAM may choose its carrier.
For any Order, in mainland France (including Corsica) and in one of the European Union countries, the delivery costs of Products are paid for by PMAM, which reserves the right to change the amount of delivery costs and have the difference in delivery costs paid for by the Customer, other than for open Orders that have been subject to confirmation by PMAM.
The Customer from now on accept that the proves from delivery men and/or carriers shall be deemed as legally binding and enforceable to give the delivery proof of the orders.
PMAM will be exempt from all or part of its responsibility for any delay or failure to comply with obligations by demonstrating that this failure is either due to the Customer, or to the fact, which is unforeseeable and unavoidable, of a third party, or to a case of force majeure, as provided by Article L.121-19-4 of the Consumer Code.
8. Right of withdrawal for non-professional Customers
In accordance with legal provisions in force, the non-professional Customer has a right of withdrawal that he can exercise without having to provide a reason within a period of fourteen (14) days from receipt of the Products, except when they have been customized at the Customer\'s request.
If the Order includes several products, the withdrawal period runs from receipt of the last Product.
Products must be returned by the Customer within fourteen (14) days from the communication of its decision to withdraw.
Upon exercise of the right of withdrawal within the aforementioned period, and in accordance with Article L121-20-1 of the Consumer Code, the amount of the Order and any delivery charges will be refunded to the Customer.
Return costs will be paid:
- For the Orders placed and received in mainland France (included Corsica) or in one of the European Union countries by PMAM, which, after being informed of the exercise of the right of withdrawal, will send the Customer information for the return of Products, or
- For the Orders placed and received elsewhere: for the Customer who will inform PMAM of the exercise of the right of withdrawal in order for PMAM to give the information allowing the return of Products. The customs fees likely to be applied are borne to the Customer.
Products must be returned in perfect condition for resale (unworn, undamaged, not soiled or dirty), in their original packaging (undamaged and unsoiled), coupled with their certificate of authenticity, any accessories and a copy of the invoice.
If the return is accepted after checking the condition of the products, PMAM will make the refund by the same means of payment as that used by the Customer no later than fourteen (14) days from receipt of the Product(s) by PMAM or the transmission of proof of shipment of the Product(s).
9. Non-compliance of products and hidden defects
The Customer has a period of two (2) years from the delivery of Products to act as a legal guarantee of compliance or lack of hidden defects.
Products will be returned, in accordance with the return procedure referred by writing via the contact form, in perfect condition for their resale (unworn, not damaged or soiled, besides the alleged defect) in their original packaging, together with any accessories and a copy of the invoice.
If the return is accepted, the Customer may request the repair or replacement of the Product, or if this is not possible, the resolution of the sale or reduction in the sale price for the products that are affected by hidden defects.
Return costs will be borne by PMAM, which, after being informed of the exercise of the right of withdrawal, will send the Customer information for the return of Products.
10. Responsibilities and guarantees
The Customer is solely responsible for his Account, which in particular will enable him to manage his Orders, Personal Details featuring on it and his password.
The Customer is fully responsible for any payment problems. The Customer guarantees PMAM that he is fully entitled to pay for any Order he makes, which he is committed to honouring in full.
PMAM may not be held responsible for:
- Any shortage in stocks that could occur after an Order is made;
- the partial or full failure to carry out its obligations, or any delay in the execution thereof, if such a failure or delay was caused by the occurrence of unpredictable, uncontrollable or external events or if this or failure or improper execution is due to Users or if it unpredictably and insurmountably due to a third party;
- difficulties related to the Internet and difficulties related to accommodation and more generally any technical problem that may occur on the Site.
The Site may be interrupted for technical reasons without the PMAM's liability being incurred as such.
If PMAM's liability were to be incurred for any reason whatsoever, the maximum amount of damages which PMAM could be ordered to pay may in no way exceed the amount of the Order.
11. Contact
If you have any questions, PMAM may be contacted via the contact form.
12. Intellectual property
The Site is an intellectual work protected by the intellectual property rights. It is the exclusive property of PMAM.
Any reproduction or representation of all or part of the Site, or any part thereof, on any media whatsoever, for any purpose, including commercial, is expressly prohibited.
PMAM does not control the content, advertising, products or services available on or from sites linked to its Site.
Products marketed by PMAM are intellectual works that are protected by intellectual property rights. The acquisition of a Product does not give the Customer the right to transfer or assign intellectual property rights.
13. Deletion of Account
The Customer may request PMAM to delete its Account by contacting us via the contact form.
The Account will be deleted two months after the request is received by PMAM and will exclude any ongoing Orders.
The Customer will have to retrieve the invoices of his orders before his account is deleted.
14. Force Majeure
Neither the Customer nor PMAM will be held liable for any default or delay in the execution of the Contract which is caused by reasons that are beyond his/its control, such as fires, floods, epidemics, famines, earthquakes, hurricanes and other natural catastrophes, or even the regulations or acts of any authority or a civil or military act of any self-regulatory body, or wars, terrorism, riots, civil unrest, sabotage, theft or other criminal acts carried out by third parties.
15. Final provisions
15.1 The GTS, Privacy policy and terms of the Order constitute the entire agreement between Users and PMAM.
The non-claim by PMAM of one of the provisions of the GTS cannot be deemed or construed as a waiver to its advantage.
If one or more provisions of the GTS are declared invalid, the others will maintain their full force and scope. In this case, the parties shall, if possible, replace this cancelled stipulation by a valid provision corresponding to the essence and purpose of the GTS.
15.2 The GTS are governed by French law. The French version of the GTS shall prevail over any other version.
In case of dispute, the non-professional client has the possibility of having recourse to mediation or any other alternative method of solving disputes.