GENERAL TERMS AND CONDITIONS OF SALE - D. PORTHAULT
These General Terms and Conditions (hereinafter referred to as the "General Terms and Conditions") are applicable without restriction or reserve to all sales concluded between Maison et Ateliers Porthault (hereinafter referred to as "D. Porthault"), a simplified joint stock company with share capital of 2,250,000 euros, having its registered office at 5, rue Jean Mermoz à Paris (75008) and entered on the Paris Trade and Companies Register under number 753 138 163 and any user (hereinafter referred to as the "Client") of the website www.dporthault.fr (hereinafter referred to as the "Website") wishing to make a purchase in Mainland France, Canada, Singapore, Australia, Hong Kong, Japan, South Korea, Taiwan, Thailand, Israel, Lebanon, Oman, Qatar, Saudi Arabia, United Arab Emirates, Belgium, Germany, Luxembourg, the Netherlands, Austria, Greece, Ireland, Portugal, Sweden, Denmark, Finland, Gibraltar, Iceland, Liechtenstein, Norway, Switzerland, Italy, Spain, the United Kingdom, the Vatican (hereinafter referred to as the "Territory").
These General Terms and Conditions are accessible at any time on the Website and will prevail, where applicable, over any other version or document which contradicts these.
These General Terms and Conditions may be modified.
D. Porthault reserves the right to amend its General Terms and Conditions at any time without previously notifying the Client. The amended General Terms and Conditions are enforceable on the Client from and during the entire term of their publication online for products ordered subsequent to their publication.
Each purchase on the Website is governed by all clauses in the General Terms and Conditions applicable as at the date on which an order is placed. The Client may only confirm an order after having read these general terms and conditions and having accepted these by ticking the appropriate box.
D. Porthault considers that by confirming its order, and ticking the appropriate box. the Client has read the General Terms and Conditions and accepts these without reservation.
The terms and conditions applicable on the Client are those in force at the time of confirmation by the Client of the order as recorded on the Website.
By confirming these General Terms and Conditions at the time of order, the Client confirms to have the legal capacity to sign a contract as defined by articles 1123 et seq of the Civil Code and confirms that he is an adult, natural person and non-trading and acting for his own personal interests.
These General Terms and Conditions are applicable with the exclusion of all other conditions and, notably, those applicable to sales in store or using other distribution and sales channels.
These General Terms and Conditions are intended to define the online sales process for all D. Porthault products as well as the resulting rights and obligations.
The general terms and conditions of sale are intended to govern:
- organisation of legal relations between D. Porthault and the Client.
- the terms and conditions for sale between D. Porthault and the Client (orders, deliveries, etc.).
- Ordering procedure and conditions
- Client identification
A client account is required to be able to place an order on the Website:
- If you already have a client account, you should log in during this stage by entering your password.
- If you do not yet have an account, you will be invited to create one by confirming your email address and creating a password.
The Client is fully responsible for his login and password and undertakes to ensure the confidentiality thereof.
Account creation allows you to:
- consult the order history;
- return or exchange Products;
- add or modify delivery and billing addresses for future orders;
- manage subscriptions to the D. Porthault newsletter.
Notwithstanding any proof to the contrary accepted by the Client, data registered by the Website constitutes proof of the nature, content, data of all transactions concluded between D. Porthault and its Clients. In the event of any conflict between D. Porthault and any of its Clients as to any transaction undertaken on the Website, data registered by D. Porthault is considered as valid proof of the content of the transaction, notwithstanding any proof to the contrary provided by the client.
The Client may at any time deactivate his account by sending an email to the Client Service team by clicking on "Contact us". After deactivating his account, the Client is free to create a new account at any time.
- Placing orders
Any Client wishing to place an order selects products on the Website. Once the selection is made, the Client should click on "BUY". The basket is then filled by the Client.
The ordering process takes place over 4 stages, following approval of the basket by the Client:
- Order summary
The Client confirms the content of his basket and may, where applicable, enter a code which allows him to benefit from a valid offer on the Website.
The Client may use his delivery address and billing address or enter a separate address. The Client will then be invited to select a payment method and enter pertaining information.
The Client completes a delivery form indicating his surname, forename, delivery address (or the store where the Client wants to collect his order), postcode and telephone number.
Prior to definitive approval of an order, the Client is able to make modifications to the delivery form when he notes that an error occurred in the entry of data.
The Client may only confirm an order after having read these General Terms and Conditions and having accepted these by ticking the appropriate box.
Once both of the first steps have been confirmed, the Client should select the payment method, and confirm payment. Payment for purchases by the Client on the Website may be undertaken:
- By credit card ("CB" cards, Visa, Mastercard and American Express are accepted).
- Payment approval
- The Client should check the accuracy of the selection made prior to confirming an order. Whilst all efforts are made to ensure that the colour and motif of products of which photos are shown on the Website are faithful to the original products, variations may occur notably due to technical limitations of the colour display on Client hardware. Consequently, D. Porthault may not be held liable for any insignificant errors or inaccuracies in the photos or graphical reproductions appearing on the website.
- Once completed, your order is sent to D. Porthault for processing.
- D. Porthault hereby reserves the right to refuse any order from a Client with whom it is involved in a dispute concerning any previous order, or if D. Porthault reasonably believes that the client has breached these General Terms and Conditions or has undertaken any fraudulent activity, or for any other legitimate reason.
The order is fixed for the Client immediately following order approval, subject to implementation of article 11 "Right of retraction".
Order approval by the Client and payment for this lead to receipt of a confirmation email sent by D. Porthault at the email address indicated by the Client.
Data sent by the Client and registered by D. Porthault at the time of order registration constitutes proof of transactions between the Client and D. Porthault.
Order information is processed electronically with D. Porthault being the data controller, pursuant to the provisions set forth under article 15 of these General Terms and Conditions.
Sales prices are valid for the term of their publication on the Website. They are expressed in euros including VAT and excluding shipping costs. These costs are fixed pursuant to the prices outlined hereunder and are added to the total payable. You are reminded of the total payable when you are selecting products purchased and which are added to your basket, prior to order approval.
VAT on the sales price: Product prices are subject to VAT in France, the country of shipment of merchandise. In European Union Member States, Products are sold including VAT. Outside the EU, sales prices are exclusive of VAT.
Customs duties at destination: any customs duties at destination will be paid by the buyer. It is hereby indicated that prices displayed online at the time of consultation by the Client are subject to variation, in particular in line with the price of raw materials and services and may be amended on the Website, at our discretion, at any time and without notice.
Naturally, any price variation will not affect orders already placed by Clients.
- Payment terms
- Payment terms
All orders are payable in full by the Client.
Payment for purchases by the Client on the Website may be undertaken:
- By credit card ("CB" cards, Visa, Mastercard and American Express are accepted).
In this instance, the Client's credit card is debited for all Orders at the time of shipment;
At the time of placing an order on the Website, the Client should indicate its payment details in the appropriate form.
The Client guarantees D. Porthault, at the time of placing an order online, that it is the holder of the credit card and that the name appearing on the credit card is its own and then sends, in a secure online environment, the number and expiry date appearing on the front of the card as well as the visual cryptogram appearing on the rear (or front) of the credit card.
The fact that a Client agrees to send its credit card number constitutes authorisation to debit its account for the order total.
Any order with payment by credit card is only considered as effective when the payment centres concerned have given their consent.
Any information sent by the Client is done so in a secure environment using protocols in force online.
Online payments are made using the secure "[To be confirmed with the bank] " system
- Payment incidents
D. Porthault will not be bound to deliver products ordered by the Client if it has not paid the full price in line with the terms and conditions indicated hereinabove.
At the time of making a debit for the order, in the event of any incomplete, incorrect or default in payment for any reason whatsoever or in the event of any payment incident, D. Porthault hereby reserves the right to suspend or cancel delivery of its pending orders.
In the event of any payment delay or payment of amounts due by the Client, late payment penalties equal to the legal interest rate in force will be applicable ipso jure on the Client, after prior notice remaining without effect, without prejudice for compensation which may be claimed.
In the event of any payment default after service of notice remaining without remedy. D. Porthault will retain, until full payment, full ownership of the products ordered and may take legal action before the courts.
- Product availability
Product offers presented on the Website are valid in the limit of available stocks.
Prior to any purchase, Clients are notified of product availability.
Clients hereby note and accept that D. Porthault will make all efforts to process and respect all orders previously approved.
Insofar as processing deadlines are required between order registration and payment by the Client, products may become unavailable during this period.
In such instance as, subsequent to order confirmation by D. Porthault, products become unavailable in whole or in part, D. Porthault will inform the Client by email of this unavailability pursuant to article L. 121-20-3 of the Consumer Code.
In this context, Clients are able to:
- either, if they wish, be delivered a product of equivalent quality and price by D. Porthault.
- or receive reimbursement for an order within a fortnight following payment for the product.
- Checks undertaken prior to order approval
Prior to any order or purchase, Clients should ensure that each product ordered may be delivered without difficulty and check that the dimensions of packages and products specified on the product form are adapted to the requirements for home delivery (lifts, stairwells, colours, corridor doors, room). The Client should therefore take all necessary measures for proper delivery.
Any difficulty encountered at the time of delivery of products for which the Client is responsible will lead to the Client paying costs for further delivery of the products.
- Delivery terms
Delivery of products is undertaken at the address indicated by the Client at the time of ordering.
- Delivery lead times
D. Porthault hereby undertakes to inform the Client of delivery lead times.
Delivery lead times indicated notably depend on the availability of products and time required to created "Bespoke" products or "Made to order" on the Website.
Delivery lead times indicated are calculated in working days (except for Sunday and public holidays).
Delivery lead times run from the date of receipt by the Client of an order confirmation email.
In the event of any problem with delivery, D. Porthault undertakes to make all best efforts to inform the Client of any failure to respect the delivery date.
D. Porthault may not incur its liability insofar as the delivery delay is due to a case of force majeure.
- Checks to be undertaken upon delivery
The Client should perform the following prior to signing the shipping note:
- Check the appearance of the package(s).
- Check the condition of products inside the package(s).
- Check the compliance of products in relation to the shipping note on the one hand and the merchandise ordered on the other.
It is consequently incumbent upon the Client to perform all necessary checks which allow for the compliance of products to be checked upon delivery. This check is deemed to have been made insofar as the Client has signed the shipping note.
In the event of any anomalies being observed, the Client should issue all necessary reserves, which are circumstantiated, legible, as precise as possible (breakage, problems, non-compliance: Product error, different colour and/or dimensions; missing items, etc.) and refuse delivery of the package(s) motivating refusal.
For the purposes of these presents, delivery will be considered as having been made, or the order will be considered as having been delivered when the Client, or a third party who the Client has appointed is in material possession of the products, which will be materialised by signature of the acknowledgement of receipt of the order at the delivery address that the Client indicated in the delivery note.
Where delivery is undertaken by a shipping agent, the Client should issue reserves on the shipping note.
Moreover, the Client also has the option of issuing all precise reserves concerning the products delivered on the delivery note and issuing this to the shipping agent by the latest within three days following the date of receipt.
Failing any precise reserves formulated by the Client, delivery will be deemed as compliant, subject to those guarantees outlined under article 10 hereunder.
- Reservation of ownership and transfer of risks
The transfer of property of ordered products is subject to full and proper payment of the total price.
This clause does not impede transfer of risks pertaining to the products as the responsibility of the buyer from the time of delivery.
- Product information
For any information, claim or question pertaining to the Terms and Conditions of Sale by correspondence implemented by D. Porthault or the articles themselves, Clients should contact the customer service team of D. Porthault France by telephone: 03 27 82 22 33 (price of a local call) or by email: email@example.com, reiterating the order number where applicable.
- Right of retraction
D. Porthault understands that those of its Clients who are dissatisfied with articles ordered may exercise the right of retraction for which provision is made by article L. 221-18 of the Consumer Code under the best possible conditions.
Consequently, the Client may exercise its right of retraction, without having to motivate its decision, up to fourteen (14) days after receipt of the article concerned.
Pursuant to article L. 221-28 of the Consumer Code, the right of retraction may not be exercised over items ordered concerning:
- the provision of goods manufactured in line with consumer specifications or clearly personalised;
- the provision of items which have been opened by the consumer after delivery and which may not be returned for reasons of hygiene or health and safety.
To notify its right of retraction, the client may use the retraction form appearing at the foot of these General Terms and Conditions of Sale, or any other clear and legible declaration.
To return the articles already received, the client should return the articles by post. In this instance, the client should, within fourteen (14) days following notification of its decision to retract, return the article to the following address: Maison et Ateliers Porthault, voie de la buse – 59400 Cambrai. Direct return costs for the article will be payable by the Client. It is incumbent upon the Client to provide proof of this return, which presumes that the articles should be returned by recorded delivery, or any other means with a certain data, with costs and risks for return being incumbent upon the Client. Reimbursement will take place within fourteen (14) days following receipt, by D. Porthault, of the returned articles.
Reimbursement of amounts paid for the returned article(s) will be undertaken, depending on the payment method for articles, by crediting the bank account of the client corresponding to the credit card having been used for payment or by a transfer into the client's bank account. Pursuant to article L. 221-24 of the Consumer Code, additional costs paid by the client and related to the choice of a specific delivery method will not be reimbursed.
It is hereby indicated that no reimbursement is made in store.
Moreover, in the case of a gift, the right of retraction remains as the sole and exclusive benefit of the Client and may under no circumstances be exercised by the recipient of the gift.
In all instances, the Client should return delivered articles in their original packaging, complete (boxes, accessories, protections, labels, booklets, etc.) and accompanied by the return note duly completed as well as a copy of the invoice. Any articles returned incomplete, damaged, deteriorated, sullied or in any other condition which reasonably leaves it to be believed that they have been used or worn, will neither be reimbursed or exchanged and will be sent back.
The Client should ensure that articles delivered correspond to the order. In such instance as the articles delivered do not comply with the order, the client should notify the customer service team by telephone at D. Porthault and return the articles in question in line with the conditions set forth under article 11 of these General Terms and Conditions of Sale.
Notwithstanding the conditions of the specific warranty issued to the client with the delivered article, D. Porthault articles are governed by the warranty for which provision is made by law.
Reminder of articles L. 217-4, L. 217-5 and L. 217-12 of the Consumer Code and articles 1641 and 1648 (1) of the Civil Code:
"Article L. 217-4 of the Consumer Code: The seller delivers an item which complies with the contract and responds to any lack of compliance at the time of issue. He also responds for any lack of compliance resulting from packaging, assembly instructions or installation where this is his liability as defined in the contract or was undertaken under his responsibility".
"Article L. 217-5 of the Consumer Code:
So as to comply with the contract, the item should:
1. If it is fit for the expected use of a similar item and, where applicable:
• if it corresponds to the description provided by the seller and has the qualities that were presented to the buyer in the form of a sample or model;
• if it has the qualities that a buyer may legitimately expect in light of the public declarations made by the seller, producer or representative, notably in advertising or on labelling;
2. Or if it has the characteristics defined by mutual consent by the parties or is fit for any special use sought by the buyer, notified to the seller and accepted by the latter. "
"Article L.217-12: Legal action resulting from a lack of compliance is timestamped two years after delivery of the item".
"Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects of the sold item which make it unfit for the intended use, or which diminish such use, that the buyer would not have bought it, or would have done so at a lower price, if aware".
"Article 1648 (1) of the Civil Code: Legal action for redhibitory defects must be lodged by the buyer within two years following discovery of the defect".
Compensation for the consequences of the hidden defect, when proved, includes the following pursuant to case law:
- either free repair of the article, including labour costs,
- or replacement or reimbursement, in whole or in part, in such instance as the article cannot be used,
- and compensation for any damages caused to people and items by the defect.
D. Porthault has an after-sales service for its products. The Client can contact the customer service team by telephone: 03 27 82 22 33 (price of a local call) or by email: firstname.lastname@example.org or visit any D. Porthault store to receive more information about this service.
- Data protection and freedom of information
12.1 Personal data collection
Nominative data provided by the Client is required for processing orders and drafting invoices.
This information may be sent to D. Porthault partners responsible for performance, processing, management and payment of orders.
The personal data collected on the Website includes the following:
At the time of Client account creation, surname, forename, email address, date of birth, postal address and telephone number.
At the time the Client logs in to the Website, it registers notably the surname, forename, postal address and telephone number, login information and user information.
Use of the services for which provision is made on the Website allows a profile to be completed, which may include an address and telephone number.
In the framework of payment for products and services proposed on the Website, this registers credit card information of the Client.
At the time of consulting the Website, cookies are used. The Client is able to deactivate cookies using his browser settings. Information collected by this channel is only used to monitor the volume, type and configuration of Website traffic, so as to develop the design or layout and other administrative purposes and more widely to improve the commercial offer and its performance.
12.2 Use of personal data
Personal data collected with Clients is intended to provide services on the Website, as well as their improvement and maintaining a secure environment. More precisely, the uses are as follows:
access and use of the Website by the Client;
receipt and performance of Client orders;
management of operation and optimisation of the Website;
organisation of the terms and conditions of use of payment services;
verification, identification and authentication of data sent by the Client;
implementation of Client assistance (telephone or email);
personalisation of services in line with the Client browsing history;
fraud prevention and detection (malicious software or malware) and management of security incidents;
management of any disputes with Clients;
issue of commercial and publicity information in line with Client preferences.
If the Client does not wish to receive news or requests (by email) he can indicate this in the client account. If he no longer wishes to receive them. he can notify us of this by changing the settings in his client account (untick the corresponding box) or by writing to the e-commerce team, at the email@example.com.
12.3 Sharing personal data with a third party
Personal data may be shared with third party companies, in the following instances:
when the Client uses payment services, for implementation of these services, the Website is in relation with third party banking and financial companies with whom it has concluded agreements;
when the Client authorises the website for a third party to access its data;
when the Website uses the services of service providers so as to offer assistance to Clients, publicity and payment services, these service providers have limited access to Client data in the framework of performance of these services and a contractual obligation to use these in compliance with provisions from applicable regulations in terms of personal data protection;
where the law requires, the Website may undertake the data transfer so as to follow up on claims made against the Website and comply with administrative and legal procedures;
if D. Porthault participates in a restructuring operation of the group (merger, partial contribution of assets) it may be led to sell or share its assets in whole or in part, including its personal data. In this instance, Clients will be immediately notified, before personal data is transferred to any third party.
12.4 Security and confidentiality
D. Porthault does everything possible to implement organisational, technical, software and physical measures for digital security to protect personal data against alterations, damage and unauthorised access. However, D. Porthault is only bound by an obligation of means.
12.5 Implementation of Client entitlements
Pursuant to regulations applicable to personal data, Clients have the following entitlements:
update or deletion of personal data by logging in to their account and setting up the account;
deletion of account, by writing to the following email address: firstname.lastname@example.org. It should be noted that information shared with other Clients in the framework of client feedback may remain visible on the Website, even after deletion of an account.
Moreover, and pursuant to act no. 78-17 of 6th January 1978 amended by the European data protection regulation effective as at 25th May 2018, Clients with a right of access (to be notified of their personal information), rectification, portability, and deletion of their personal data or limited processing. They may also, for legitimate reasons, object to processing of their personal data.
The Client may, subject to presentation of a valid identity document, exercise his rights by writing to the following address: email@example.com, for the attention of the data protection team.
Personal data is stored for as long as required for performance of sales and management of commercial relations, unless:
The Client exercises its right of deletion in those conditions outlined hereinabove, or;
A longer term of storage is authorised or imposed by legal or regulatory channels.
12.7 Developments to this clause
D. Porthault reserves the right to make any amendment to this clause pertaining to personal data protection at any time. If any modification is made to this data protection clause, D. Porthault undertakes to publish the new version on its website. If the Client does not agree with the terms of the new data protection clause, he can delete his account.
- Intellectual property
D. Porthault is proprietor of the domain name www.dporthault.fr. The Website is a work of the mind protected by intellectual property laws. The Website in whole, as well as all products sold therein, and each of its elements (such as films, photographs, logos, brands, designs or models, texts, tree structures, software, animations, illustrations, diagrammes) are the exclusive property of D. Porthault who is authorised to use the pertaining intellectual property rights.
The use of the Website in whole or in part, notably by download, reproduction, transfer, representation or distribution for other purposes than your own personal and private use for commercial purposes or not is strictly prohibited. Breach of these provisions exposes you to sanctions for which provision is made by law.
When you us a "Share" function proposed on the Website so as to share knowledge of a D. Porthault product, you acknowledge and accept that the content shared should only be used in the framework of personal use excluding any commercial use on websites or pages and/or any other commercial digital medium.
The creation of hypertext links towards the Website may only be undertaken with the prior written consent of D. Porthault, and may be revoked at any time.
All websites with a hypertext link towards the Website are not under the control of D. Porthault and the latter refuses all liability (notably editorial) concerning access to and content on these sites. D. Porthault is free to amend the Website content at any time without notice.
- Divisibility of clauses
If any of the stipulations in this contract should be annulled, this invalidity will not lead to invalidity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after written consent duly signed by the parties.
- Force Majeure.
D. Porthault will not be held liable for any default in performance or delay in performance of its contractual obligations caused by events outside of any reasonable control by it (hereinafter referred to as "Force Majeure") as defined under article 1218 of the Civil Code and by case law.
It is understood, on the one hand, that the contractual obligations of D. Porthault will be suspended for as long as the case of Force Majeure lasts and, on the other hand, that the deadlines for performance with a view to responding to these obligations will be extended for an equivalent term to that of the case of Force Majeure. D. Porthault strives, as far as possible, to bring an end to the case of Force Majeure or to seek a solution allowing it to perform its contractual obligations despite the case of Force Majeure.
- Applicable law - Language - Jurisdictional competence
Only Paris Commercial Court holds jurisdictional competence. However, we may request use of the arbitration procedure at the Court of Arbitration at the International Chamber of Commerce.
In the event of any technical dispute, we may request redress to an expert appointed pursuant to the technical expert appraisal regulation at the International Chamber of Commerce.
(Please complete and return this form only if you wish to retract the contract).
- For the attention of Société Maison et Ateliers Porthault - Service Clients – ADREDDE - 75008 Paris, or via the "Contact us by email" form available at www.dporthault.fr.
- I/We [*] hereby notify you [*] of my/our [*] revocation of this agreement concerning the sale of the property [*]/for the service [*] hereunder
- Property ___[reference]_____________
- Ordered on [*]/received on [*]: ______________
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (solely in the event of notification of this form on paper)
[*] Strike out as appropriate