Myriam Greff
22 rue Jeanne d’Arc
77100 Meaux, France
SIRET: 501 588 735
The Customer acknowledges that it has read the following General Terms of Sale and accepts them unconditionally.
1 Purpose
These General Terms of Sale (GTS) detail the rights and obligations of the Myriam Greff workshop (hereinafter referred to as the Seller) and their Customer. Any sale made by the Myriam Greff studio implies the Customer’s acceptance without reserve of these General Terms of Sale. The Customer may not impose its own general terms of purchase upon the Seller.
“If any provision of these General Terms is determined invalid, the remaining provisions shall not be affected.” If the Seller does not exercise one of its rights under these GTS at any time, this shall not deprive it from exercising any of its rights at a later time.
2 Orders
Each order must include the Customer’s full name and complete address (including the delivery address)
By placing an order on our website, the customer confirms and accepts these terms and conditions of sale. Myriam Greff retains title to the products until the amount due is paid in full.
However, we do reserve the right to subsequently refuse orders that lack the necessary guarantees of authenticity or fail to comply with the terms and conditions of sale.
Orders can be cancelled prior to dispatch at the customer’s request. However, we cannot be held liable for cancellations received after an order has been dispatched and refunds will only be paid if the product is returned in perfect condition within 14 business days.
3 Order confirmation
All items shown on the website are generally available. However, there may be stock-outs in some cases even though the items concerned can be ordered on our website. In such a case, the customer is refunded within 48 hours.
4 Shipping time
Orders will only be shipped after payment in full has been made and the delivery time is 0 to 10 business days (3 on average). Items are delivered to the delivery address provided by the customer when ordering. A complete address must be provided. We cannot be held liable for non-delivery if there is an error or omission in the address provided. Delivery addresses can only be changed by email sent prior to your order being dispatched. Late changes of address will not be taken into account and the costs incurred will be paid by the customer.
A delivery delay shall not be considered a breach of contract nor result in any compensation for damages, late penalty charges, or order cancellations.
5 Dispatch
Products are dispatched from the studio in Meaux, France. The default carrier is La Poste. Postage is included in the price paid. If the customer chooses a different carrier, the additional costs involved must be paid in advance as per the email sent prior to dispatch.
Insurance based on the estimated costs of the items shipped is offered as an additional option. It is highly recommended to take it. Failing this, the buyer cannot be reimbursed for the item purchased if the package is lost or damaged. To get a refund, in case of insurance subscription, you will need to provide photos showing the damaged package, the slip clearly showing your contact details as well as photos of the damaged item.
6 Shipping
The items ship at the buyer’s risk from the moment the package is handed over to the carrier.
The seller delivers the goods to the buyer non-duty-paid. The buyer shall assume the costs (excluding postage which is paid) and risks of forwarding the goods, as well as any “duties” (this term including the responsibility and risks related to fulfilling customs formalities, as well as the payment of customs duties, taxes and other fees payable on imports in the destination country). Such “duties” must be borne by the buyer as well as all costs and risks incurred due to failure to clear the imported goods in due time.
Goods are packaged according to current industry standards to ensure optimal protection during transport.
The Customer must check shipments upon arrival. If any goods are missing or were damaged during transport, the Customer must note all reservations on the delivery slip upon receipt. Furthermore, these reservations must be confirmed in writing within three working days of the delivery via registered letter with acknowledgement of receipt (Article L133-3 of the French Commercial Code). The delivery slip may not be marked “subject to unpacking” or “subject to assembly”.
7 Non-conformities
Possible nuances in colours, shapes or sizes do not constitute a non-conformity. Imperfections of the surface or shape are indicative of hand-made creations.
8 Warranty
All our products are restored and need to be used with caution. No warranty is made for damage, loss, theft or wear.
9 Returns
Goods may be returned due to non-conformities or apparent defects. This requires the Seller’s written approval and must be done within fourteen (14) days of receipt. The refund will be made within 30 days. Custom-made pieces may not be returned.
The Seller will not accept any returned goods without the apparent defects or non-conformities being established. We only sell unique items, there can be no standard exchange. The Seller is responsible for the costs associated with returning and redelivering the goods.
Any goods returned by the Customer that the Seller has not given prior approval for or that has not had any apparent defects or non-conformity established shall be held for the Customer. No credit will be issued. In this case, the Customer will be responsible for the costs associated with the return.
10 Prices
The prices of the goods sold are those in force on the day of the order. They are in USD and exclude taxes (VAT not applicable, art 293B of the CGI). The Seller reserves the right to change its prices at any time. Nonetheless, the Seller will invoice the goods ordered at the prices listed on the order date.
11 Payment terms
Orders are paid by bank transfer or Paypal.
The balance must be paid prior to dispatch.
12 Late payment
If payment is not made by the due date stated on the invoice, the Customer will be lawfully subject to a late penalty, which the Seller may claim without any reminder (French law No. 2001-420 of 15 May 2001 concerning new economic regulations, and Articles L441-3 and L441-6 of the French Commercial code). The penalty interest rate is fixed at three times the legal interest rate and is calculated based on the entire amount due. Late payments are also subject to an additional flat fee penalty of €40.00 for recovery costs, which can be charged without prior notice. If the recovery costs incurred by the Seller exceed this amount, the Seller may claim additional compensation from the Customer upon presenting documentation.
After any default payments, all other payments will become immediately due.
13 Resolutive condition
If there is a default payment, the sale may be rightfully cancelled after forty-eight (48) hours have passed without effect, and the Seller may be entitled to damages. This cancellation will affect not only the order in question, but also all other earlier unpaid orders, regardless of its delivery or payment status. Outstanding balances for any other deliveries or any other reasons will be immediately due, unless the Seller has opted to cancel the corresponding orders. The Customer must reimburse all recovery costs, including any legal or administrative fees.
14 Retention of ownership
The Seller retains ownership of the goods until full payment of the amount due, including any ancillary costs. Therefore, if the Customer experiences compulsory liquidation or reorganisation, the Seller has the right to claim goods sold to the Customer that remain unpaid.
15 Intellectual property
The name Atelier Kintsugi and all its illustrations, images and logos remain the Seller’s exclusive property. Any total or partial reproduction, modification or use of the said name, illustrations, images and logos (for any purpose and in any format) without the Seller’s prior expressed written approval is strictly prohibited.
16 Advertising rights
The Seller reserves the right to mention its Customers’ names in external communications and advertising (e.g. website, portfolio, etc.) to develop new business.
17 Force majeure
The Parties will be entirely released of their responsibilities if either Party fails to fulfil its obligations due to a case of Force Majeure.
Initially, the case of Force Majeure will suspend execution of the Contract, and the Parties will meet to discuss terms for continuing their business relations. If the case of Force Majeure lasts longer than one (1) month, the contract will automatically end, unless otherwise agreed upon by the Parties.
Force Majeure refers to unforeseeable circumstances. In addition to the Force Majeure cases regularly recognised by the courts and case law of France, the following cases are expressly considered Force Majeure for these GTS: blockages, disruption/congestion of telecommunication networks; poor electric power supply; any blockages in transportation/the supply chain; epidemics; earthquakes; fires; inclement weather/storms/floods/water damage; legal or governmental restrictions on business regulations.
18 Jurisdiction
Any dispute relating to the interpretation or execution of these General Terms of Sale is subject to French law. If no amicable resolution is found, the dispute will be brought before the Commercial Court of Meaux (France).