General Terms and Conditions of Sale

1        COMPANY DETAILS

SARL Atelier Perceval

20 avenue des Etats-Unis

63300 THIERS

Listed in the Thiers RCS under number 408 463 990

SIRET: 40846399000031 / EU VAT No.: 03 408 463 990

Telephone: +33 (0)4 73 80 19 19

Contact: Claire Roch / claire@couteau.com

1        DESCRIPTION

Atelier Perceval designs, produces and markets top-of-the-range pocket knives, table knives, kitchen knives and outdoor knives (hereafter referred to as the “Products”). Based in Thiers, the historic capital of the French knife-making industry, our knives perfectly embody this great cutlery tradition.

2        SCOPE

These general terms and conditions of sale govern the contractual relations and the Product sales made either via the website https://www.couteau.com (hereafter referred to as the “Website”) or directly at our shop between SARL Atelier Perceval - company details given above - (hereafter referred to as “Atelier Perceval”) and any consumer i.e. any private individual over the age of 18 years on the date of signing the order who is fully empowered to sign legal documents and acting for purposes outside their commercial, industrial, artisanal, professional or agricultural activity (hereafter referred to as the “Customer”).

In accordance with Article R. 312-1 of the French Internal Security Code, it is illegal to sell knives and similar products to anyone under the age of 18 years.

The Website can be viewed freely and openly by any web user, excluding certain pages that are only accessible following registration.

These general terms and conditions of sale are available on our Website.

The Customer acknowledges that, at the time of placing their order on our website, they have read and understood the applicable general terms and conditions of sale and expressly declares having accepted them unreservedly by checking the box next to the statement “I declare that I have read and accepted these general terms and conditions of sale”.

Therefore, the act of placing an order on the Atelier Perceval Website signifies the Customer’s full acceptance of these general terms and conditions of sale (hereafter referred to as the “GTCS”). Unless formally approved in writing by Atelier Perceval, no special condition may prevail over these GTCS.

These GTCS do not cover direct sales. 

 

3        REGISTERING ON THE WEBSITE

To place an order on the Website, access their personal account and view their order history, the Customer first has to register on the Website and create their personal account (hereafter referred to as “My Account”) by completing the relevant form on the Website.

3.1. Advance registration

The Customer will have to provide certain personal data used for contract creation, performance and follow-up (order, invoice, delivery, sales warranty) and for sending newsletters on Atelier Perceval and its Products and/or new products or services (legitimate interest in optimising Atelier Perceval products and services). In accordance with current data protection regulations, the Customer holds rights over their personal data as described in Article 16 of these GTCS and in the Privacy Policy.

Mandatory information is marked with an asterisk. This information includes the Customer’s title, surname, first name, email address, telephone number, delivery address and password. Additional information is entered by the Customer on a voluntary basis.

The Customer agrees to provide full, accurate information, and to update said information whenever necessary.

Atelier Perceval shall not be held liable if it has been prevented from performing its obligations, including but not limited to delivery of its orders, due to improper or inaccurate entry of information.

When registering on the Website, the Customer will have to choose a login and password. The Customer shall keep their password strictly confidential to prevent any fraudulent unauthorised use by third parties. Should the Customer circulate or use their login and password improperly, Atelier Perceval would be entitled to terminate the Customer’s account without this constituting reparable damage for the Customer.

Given that Atelier Perceval lacks the technical means to systematically verify the identity of persons visiting its website, the company shall not be held liable if a Customer is the victim of an identity theft.

If they suspect their login is being used fraudulently, the Customer shall immediately notify Atelier Perceval to allow it to delete the fraudulent account and create a new personal area where necessary.

If the Customer loses or forgets their password they can reset it by going to the “Log in” box and clicking on “Forgot your password?”. The Customer will then receive a reset link at its valid email address. Entering an invalid email address (or failing to update it) will prevent any attempt to reset the password.

3.2. Deleting the Personal Account

Atelier Perceval reserves the right to suspend or delete the Account of any Customer who breaches these GTCS (including, but not limited to, cases where the Customer has knowingly provided false information at the time of registering and setting up their personal area, or in the event of payment incidents concerning previous orders) following the issue of an unsuccessful formal notice sent by electronic means.

4        CONCLUDING THE SALES AGREEMENT

The Customer selects their desired product(s) from the Products offered for sale on the Website by clicking on the “Add to basket” button.

Note that Baskets are valid for a period of one (1) year. After this 1-year period, and to facilitate stock management, the basket will be emptied and the web user will be invited to re-enter their Products.

There are several steps to follow when placing an order on the Website:

  • Step 1: select and confirm the Product(s) in the basket; at this stage, the Customer can change or correct their order;
  • Step 2: login: if the customer has not logged in to their account, they will be invited to do so via the list of mandatory fields in the identification and information forms, including the delivery address (or by entering their login data)
  • Step 3: order summary: at this stage, the Customer can still change or correct their order.

The selected Product(s) will be stored in the basket on the Customer’s Account for one (1) year.

  • Step 4: delivery: the Customer selects the delivery mode and enters the delivery address, or chooses a collection point; at this stage, the Customer can still change or correct their order;
  • Step 5: order verification: at this stage, the Customer can still change or correct their order. The Customer is required to check that the order meets their expectations in terms of the Product(s) description, price and quantity.
  • Step 6: placing the order. To complete and pay for their order, the Customer has to check the box used to accept these general terms and conditions with the statement “I have read and accepted the Website’s general terms and conditions of sale”. The act of checking this box has the same legal value as the Customer’s handwritten signature. The Customer will have to click on the “PAY MY ORDER” buttons. This allows them to choose their preferred payment method and confirm using the “CONFIRM ORDER WITH OBLIGATION TO PAY” button. The Customer will then be directed to the payment interface to pay for their order.

Following a successful payment, Atelier Perceval will confirm the order by an email that includes these GTCS, after which the order becomes firm and final.

 

5        CUSTOM PRODUCTS

The Customer can customise their Product by selecting one of the customisation offers on the Website.

If the Customer wishes to have a box set of six knives engraved, they will have to add six engravings to their basket.

The basket contains a comments box where the Customer can enter details on the word, date or phrase they wish to have engraved on the Product. The text is limited to fifteen (15) characters (including spaces).

The Customer cannot exercise their right of withdrawal for Custom Products i.e. Products on which the Customer has added the engraving of a name, a word or a date (supply of goods according to the consumer’s specifications or that are clearly customised; Article L. 221-28 of the French Consumer Code).

6        PRODUCT PRICE

  1. Our Product prices are given in Euros, inclusive of all taxes (VAT and other taxes) excluding participation in delivery costs and customs duties, where applicable. These costs depend on the chosen delivery method (Colissimo or FedEx) and the country of delivery.
  2. All orders are payable in Euros.
  3. Prices are given net of tax for countries outside the European Union. It will be necessary to add customs duties and VAT that apply in the Product(s)’ country of import. These taxes shall be paid directly to the carrier at the time of delivery. Product returns will not be accepted in the event of non-payment of custom duties. Atelier Perceval reserves the right to modify its prices at any time prior to order confirmation, with no prior notice, according to currency fluctuations, a change in the VAT rate or in supplier rates and to ensure conformity with current pricing legislation. 

7        CANCELLING OR MODIFYING AN ORDER

Unless otherwise agreed between the parties, and notwithstanding the right of withdrawal concerning online sales or sales outside the company premises (Art.9), orders may not be cancelled or modified once they have been confirmed and are deemed firm and final.

8        PAYMENT

Purchases shall be paid in cash at the time either of ordering on the Website or of making the purchase in the store by secured credit card transaction (CB, VISA, MasterCard), or via a secure transaction using the Paypal website. We do not accept payments by cheque.

The Customer guarantees that they are fully authorised to use their chosen payment means and that said payment means provide access to readily available funds that are sufficient to cover order costs.

8.1       Credit card payment

The Customer’s bank details (credit card number and expiry date) are encrypted prior to being processed by our financial partner (hereafter referred to as the “Payment Institution”). The Customer guarantees that they are fully authorised to use their credit card and that said card provides access to readily available funds that are sufficient to cover order costs. They also agree to provide the Payment Institution with accurate card details. Atelier Perceval shall not be held liable for any order registered and paid by a third party using the Customer’s bank details.

8.2       Secure payment via the Paypal website

Payment terms via the Paypal website are governed by Paypal’s general terms and conditions, which the Customer declares having read and accepted, and that are available at the following addresses:https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full#11.

8.3       Cash payment

The Customer can also pay their order in cash. In this case, the Customer is notified that Atelier Perceval can only accept cash payments for invoices less than or equal to one thousand euros (€ 1 000). The Customer is notified that they are required to pay the exact amount and that Atelier Perceval is not required to accept any payment that consists of over fifty (50) coins.

The Customer is notified that Atelier Perceval’s commitments will only become effective as from the company’s receipt of full payment of the order. Accordingly, cash payment of an online order may delay delivery of the Products.

9        RIGHT OF WITHDRAWAL 

9.1       Right of withdrawal

In accordance with the provisions of Articles L. 221-1 and L. 221-28 et seq. of the French Consumer Code, when the sale is made via our Website and/or outside the seller’s premises (i.e. door-to-door sales), the Customer has a 14-day period during which they can withdraw from the sales agreement without giving any reason. The Customer can exercise this right at any time between the date on which they signed the Agreement and up to fourteen (14) days after the date on which they, or another individual other than the carrier and designated by the Customer, receive the Products.

Should this fourteen (14) day period expire on a Saturday, Sunday, bank holiday or a non-working day, it will be extended to the first working day thereafter.

Where an order covers several Products delivered separately, or if a Product order contains batches or multiple parts where the delivery is to be staggered over a set period of time, the withdrawal period starts to run on the date of delivery of the last product, or last batch of parts.

The Customer cannot exercise their right of withdrawal for Custom Products i.e. Products on which the Customer has added the engraving of a name, a word or a date (supply of goods according to the consumer’s specifications or that are clearly customised; Article L. 221-28 of the French Consumer Code).

9.2       Exercising the right of withdrawal

To exercise their right of withdrawal from a sales agreement signed with Atelier Perceval, the Customer shall notify Atelier Perceval by email (claire@couteau.com) or postal mail (postal address given at the top of these GTCS) clearly stating their decision to withdraw. 

The period for withdrawal shall be deemed to have been observed if the Customer sends their notice of withdrawal before its expiry.

9.3       Effects of withdrawal

Following a valid withdrawal by the Customer, Atelier Perceval agrees to reimburse in full the sums already paid, without undue delay and within fourteen (14) days as from the date on which Atelier Perceval is notified of the Customer’s decision to withdraw. Note that Atelier Perceval reserves the right to withhold -repayment until it has received the returned Products (if these were delivered prior to expiry of the withdrawal period) or until the Customer has provided proof of the Products’ shipment, whichever of the two dates is the earliest.

If the Customer paid the delivery costs, the reimbursement will cover said delivery costs but exclude additional costs arising from the Customer having chosen a more expensive delivery method than the standard method offered by Atelier Perceval. The Customer shall pay the cost of returning the goods.

The reimbursement will be made using the same payment means as those used by the Customer for the initial order, unless otherwise agreed by the latter and provided that this does not entail any additional charges for the Customer.

The Customer shall send back or physically return the goods to Atelier Perceval without undue delay and, in any case, within fourteen (14) days of notifying Atelier Perceval of their decision to withdraw from the sales agreement. This period shall be deemed to have been observed if the Customer returns the goods prior to expiry of the fourteen (14) day period.

The Customer shall pay all direct costs for returning the goods. The Products shall be returned in their original packaging and packing used to ship them or, failing this, in any other suitable packaging or packing.

The Customer shall only be held liable for a depreciation in the value of the goods if said depreciation resulted from handling other than that required to establish the nature, characteristics and proper operation of the goods.

10     DELIVERY

10.1    Delivery time

Unless the order includes additional manufacturing time to be notified in advance, Products are delivered to the delivery address indicated by the Customer within thirty (30) working days for a delivery in mainland France, and sixty (60) working days for a delivery outside mainland France as from the date of order confirmation and Atelier Perceval’s receipt of the full payment. 

The transfer of risks for the Products will be made when Atelier Perceval or the carrier hands the Products over to the Customer.

The Customer is liable for the information they provide when placing the order. Atelier Perceval shall not be held liable for any error in order execution due to the Customer having entered incorrect or incomplete information. The Customer will pay any additional charges arising from its entry of incorrect or incomplete information.

10.2    Product reception and acceptance

On receiving the Products, the Customer is responsible for checking that the delivered Products are conform to the ordered Products and that there is no observable damage or defects.

With no prejudice to the period during which the Customer can exercise their right of withdrawal under Article L. 221-18 et seq. of the French Consumer Code, said Customer is responsible for checking the package at the time of order delivery and for notifying Atelier Perceval of any reasonable reservations and claims, or even refusing to take delivery of the package if it appears to have been opened or shows clear signs of damage.

Notwithstanding the above, the Customer benefits from the legal warranty covering product conformity and hidden defects described in Article 12.1 as well as the sales warranty provided for under Article 12.2.

10.3    Late delivery

In accordance with Articles L. 216-1 et seq. of the French Consumer Code, the Customer may cancel any order that was not delivered within the specified time due to reasons other than force majeure or those attributable to the Customer.

11     LIABILITY

Atelier Perceval Products conform to current French legislation; we may not be held liable if the Products are not conform to the legislation in the country of delivery. The Customer is responsible for contacting their local authorities to check the regulations concerning the import or use of the Products they plan to order.

Atelier Perceval makes every effort to ensure that the photographs and descriptions on its Website are as close to reality as possible. However, as the Products are unique objects, there may be slight differences (marks, colours, etc.) particularly where natural products are concerned.

Atelier Perceval makes every effort to keep its Product inventory up to date. However, in view of the manufacturing technique and the unique nature of certain parts, there may be times when products become unavailable or there is a stock-out. Should this happen, Atelier Perceval will offer the Customer the choice between reimbursing or replacing the Product.

In the event of Product unavailability and/or stock-out, Atelier Perceval will offer the Customer the choice between a similar product or a reimbursement. 

 

Web users and Customers are solely responsible both for the equipment (computer, smartphones, tablets, software, telecommunications means, etc.) used to access the Website, and for paying the resulting telecommunication costs.

Web users and Customers acknowledge and accept that no-one can guarantee the correct operation of the Internet as a whole.

Web users and Customers shall not be entitled to claim compensation in cases where the Website malfunctions or becomes unavailable due to technical issues or because the Website is listed under the category “bladed weapons”, or because our Website has been blocked by the automatic settings of the Customer’s browser or due to any other type of problem.

 

12     WARRANTIES

12.1    Legal guarantee of conformity and warranty against hidden defects

With regard to Products sold by Atelier Perceval, the Customer benefits from the warranty against hidden defects under Articles 1641 et seq. of the French Civil Code and the legal guarantee of conformity under Articles L. 217-4 et seq. of the French Consumer Code.

When the Customer activates the legal guarantee of conformity:

-       They have a period of two (2) years as from the date of delivery in which to act;

-       They are free to choose between the reimbursement or replacement of the nonconform Product subject to certain cost conditions laid down in Article L. 217-9 of the French Consumer Code

-       During a period of twenty-four (24) months, they are not required to provide evidence of the Product’s nonconformity.

The legal guarantee of conformity applies irrespective of any agreed sales warranty.

The Customer is entitled to activate the guarantee in the event of hidden defects in the Product within the meaning of Article 1641 of the French Civil Code. In accordance with Article 1644 of the French Civil Code, if the Customer claims under this guarantee, they may freely choose between terminating the sale or accepting a reduction in the selling price.

Atelier Perceval will cover the cost of returning damaged or nonconform products.

12.2    Sales warranty

All Atelier Perceval knives are covered by a warranty period of two (2) years as from the date on which the Customer takes possession of the Product.

Price of the warranty: 0 euros. Carriage costs will be charged to the Customer.

The warranty covers the cost of spare parts and labour.

The warranty does not cover the following:

  • Products not used or maintained in accordance with Atelier Perceval’s recommendations on cleaning and maintenance,
  • articles that have been dismantled,
  • damage due to oxidation.

Activating the warranty: Atelier Perceval will replace or repair defective parts at its plant or another location, as it sees fit. Shipping costs will be charged to the Customer.

Any immobilisation period of at least seven days will be added to the length of the guarantee remaining. This period runs from the request for intervention by the buyer or provision of the item for repair, if this post-dates the request for intervention.

Territorial extent of the warranty: worldwide

Name and address of the guarantor: Atelier Perceval, 20 avenue des Etats-Unis, 63300 Thiers 

Irrespective of this sales warranty, Atelier Perceval remains bound by the legal guarantee of conformity referred to in Articles L. 217-4 to L. 217-12 of the French Consumer Code and by the warranty against hidden defects of the sold product under the conditions laid down in Articles 1641 to 1648 and 2232 of the French Civil Code; articles annexed to these GTCS.

13     SPARE PARTS

Spare parts essential to use of the Products are available for a period of two (2) years as from receipt of the Products.

14     AMENDMENT TO THE GENERAL TERMS AND CONDITIONS OF SALE

Atelier Perceval reserves the right to modify or, more generally, update these general terms and conditions of sale at any time and with no prior notice. For this reason, we suggest that you view them on a regular basis. In such case, Atelier Perceval will post a notice on its website informing Customers of the modification or update. The Customer is therefore responsible for ensuring they have viewed the latest version of these GTCS, which are permanently available on the Website. The sales agreement between Atelier Perceval and the Customer shall be governed solely by the general terms and conditions in force on the date of placing the order.

15     INTELLECTUAL PROPERTY AND COPYRIGHT

Atelier Perceval owns or legally operates the Website.

Atelier Perceval has unrestricted ownership over or regular use of all the rights pertaining to the Website (including but not limited to intellectual property rights over texts, literary and artistic works, graphic – including photographs – and audiovisual works, IT developments, HTLM developments and other intellectual works and, generally speaking, all works likely to be protected by intellectual property rights such as pictures, logos, formats, graphics charter, structure, ergonomics, colour codes, typefaces, polices, basic graphic elements, graphic organization of web pages, page layout, page backgrounds, the Website’s visual identity, sound components or trademarks) and to the overall concept of Atelier Perceval’s business activity and its original and innovative nature.

Similarly, Products sold by Atelier Perceval are or may be protected by intellectual property rights (literary and artistic property, drawings, models or trademarks). Irrespective of the media involved, these intellectual property rights are and remain the exclusive intellectual property of Atelier Perceval or are regularly used by the latter. The Customer acknowledges that they hold no intellectual property rights or licence to the Products and agrees not to copy, represent or commercialise them in any way.

Any full or partial imitation or replica of the above-mentioned rights, on whatever media, is strictly prohibited. Any reproduction or use of Website content may be prosecuted.

16     PERSONAL DATA

Atelier Perceval collects certain personal data (i.e. the Customer’s surname, first name, postal address, delivery address, email address, telephone number) for processing requests and setting up and performing the sales agreement and its follow-up (order, invoice, delivery, sales warranty) and for sending newsletters concerning Atelier Perceval and its Products and/or new products or services (legitimate interest in optimising Atelier Perceval services). Failing to enter the required information will prevent or delay performance of the sales agreement.

Atelier Perceval may also use said personal data to promote its services and products, in particular through its newsletters. The Customer may, at any time and free of charge, object to these sales prospections by clicking on the relevant link in the accompanying email and/or SMS/MMS or by emailing Atelier Perceval at the following address (claire@couteau.com).

These data may be shared with Atelier Perceval’s authorised departments.

The collected personal data are not shared with any third party outside France.

These data are stored for the period required to ensure proper contract performance and administration in addition to management of the associated orders, invoices and sales warranties.

The Customer is entitled to access, object to, question, rectify, delete, and limit the processing of their personal data; they are also entitled to the portability of said personal data and to define general and special instructions on how they wish these rights to be used following their death.

Where personal data has been processed by mutual agreement, the Customer is entitled to withdraw its consent at any time. The withdrawal of consent will not be effective retroactively.

The Customer is also entitled to lodge a complaint with the CNIL: https://www.cnil.fr/fr/plaintes.

For any additional information and/or to exercise the above-mentioned rights, the Customer may contact Atelier Perceval by post or email (contact details shown at the top of these GTCS) or email our personal data advisor at claire@couteau.com. The Customer can also view the Personal Data Policy

17     OPPOSITION TO COLD CALLING

All consumers are notified that they can register on the BLOCTEL Do Not Call list by clicking on the following link: https://conso.bloctel.fr.

18     CLAIMS

The Customer shall notify Atelier Perceval as soon as possible of any claims relating to the ordered or delivered Product(s), by telephone (+33 (0)4 73 80 19 19) or email (claire@couteau.com) or by registered letter with return receipt (to the postal address below: 20 avenue des Etats-Unis, 63300 Thiers). The claim shall clearly state the reasons for the complaint, the date of the order and/or delivery, and the reference of the ordered product(s).

19     APPLICABLE LAW AND DISPUTES

Unless there are mandatory provisions to the contrary, this sales agreement is governed by exclusively by French law.

The Customer shall contact Atelier Perceval directly concerning any claim or dispute. Failing an amicable solution, the Customer may bring the claim before a consumer ombudsman under Articles L. 611-1 et seq. of the French Consumer Code. 

In this case, the Customer may contact the consumer ombudsman that supervises Atelier Perceval: Medycis

- online declaration at www.medicys-conso.fr

- mail to: Médicys 73 Boulevard de Clichy 75009 Paris

- email to: contact@medicys.fr 

The Customer shall immediately notify Atelier Perceval of this request.

When seeking to settle its dispute with Atelier Perceval, the consumer can also access the European Commission’s online dispute resolution platform directly by clicking on the link: http://ec.europa.eu/consumers/odr/.

The parties are free to use any other means to find an amicable settlement to their dispute.

Failing either an amicable settlement or acceptance of the solution proposed by the consumer ombudsman, both parties may bring the case before the competent judicial authority.

 

ANNEX – Legal guarantees: Extracts from the French Consumer Code and Civil Code

Article L. 217-4 of the Consumer Code

The seller shall deliver goods that conform to the sales agreement and shall be held liable for any nonconformities observed at the time of delivery.

They shall also be held liable for any nonconformities caused by the good’s packaging, assembly or installation instructions whenever these form part of its contract obligations or have been performed under their supervision.

Article L. 217-5 of the Consumer Code

The goods are deemed to conform to the sales agreement

1° If they are suited to the use usually expected of a similar product, and where applicable:

- if they correspond to the description given by the seller and have the qualities that were presented to the buyer in the form of a sample or model

- if they have the qualities that a buyer may reasonably expect with regard to the public declarations by the seller, the manufacturer or its representative, particularly as regards their advertising or labelling;

2° Or, if they have the characteristics mutually defined by the parties or are specific to a special use sought by the buyer, brought to the seller’s knowledge and accepted by it.

Article L 217-12 of the French Consumer Code:

Action arising from a compliance fault is time-limited to two years from the delivery of the item.

Article L. 217-16 of the French Consumer Code:

Where the buyer requests of the seller, during the term of the commercial guarantee that has been granted upon purchase or repair of an item, a refurbishment covered by the guarantee, any immobilisation period of at least seven days will be added to the length of the guarantee remaining.

This period runs from the request for intervention by the buyer or provision of the item for repair, if this post-dates the request for intervention.

Article 1641 of the French Civil Code

The seller is bound by the guarantee against hidden defects in the sold item making it unsuitable for the intended use, or which so diminish its use that the Customer would not have bought it, or would have offered a lower price, if it had been aware of them.

Article 1648 para. 1 of the Civil Code

Action resulting from critical defects shall be brought by the buyer within two years of the discovery of the defect.

  

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