Terms of Sales

Definitions

These General Terms and Conditions of Sale (hereinafter the "T&C") are provided by Trésors d'Argan SARL, with a share capital of €7,500, registered with the RCS of Saverne under number 453225435, whose registered office is located at 4 rue Sainte-Odile, 67210 Obernai, France (hereinafter "Trésors d'Argan").

The following terms are defined as follows :

• "Site" : the website https://www.decoalsace.fr and all of its pages.
• "Products" or "Services" : all products (goods) and services that can be purchased or subscribed to on the Site.
• "Seller" : Trésors d'Argan, the legal entity offering its Products or Services on the Site.
• "Customer" : the internet user, whether an individual or a business, making a purchase of Product(s) or Service(s) on the Site.
• "Consumer", in accordance with the preliminary article of the French Consumer Code : any natural person acting for purposes which do not fall within the scope of their commercial, industrial, craft or professional activity.

The visitor to the Site who is interested in the Products and Services offered by the Seller is invited to carefully read these T&C, print them and/or save them on a durable medium before placing an order.

The Customer acknowledges having read the T&C and accepts them fully and without reservation.

Article 1 - Application of the T&C and Purpose of the Site

The Seller reserves the right to modify the T&C at any time by publishing a new version on the Site. The T&C applicable to the Customer are those in force on the date of their order.

Legal information regarding the hosting provider and publisher of the Site, the collection and processing of personal data, and the conditions of use of the Site are set out in the general conditions of use, legal notices, and privacy policy of this Site.

This Site offers the online sale of Gifts, Souvenirs, Stationery, Illustrated Books, Pottery and Handmade Ceramics, Glassware, Food Products (Pâtés, Honey, Jams, Biscuits), Alsace Wines, Liqueurs, Alsace Fabrics, and Cosmetic Products.

Access to the Site is free of charge. The purchase of a Product or Service implies the Customer's full acceptance of these T&C. This acceptance may consist, for example, of checking the box stating "I acknowledge having read and accepted the general terms and conditions of the Site". Checking this box shall be deemed equivalent to a handwritten signature.

Acceptance of these T&C presupposes that the Customer has the legal capacity to do so. If the Customer is a minor or lacks such capacity, they declare that they have obtained authorisation from a guardian or legal representative.

The Customer acknowledges the evidential value of the Seller's automatic recording systems and, unless they can provide evidence to the contrary, waives the right to challenge them in the event of a dispute.

The Publisher makes available to the Customer a privacy policy specifying all information relating to the use of the Customer's personal data and the rights the Customer holds over such data. The privacy policy forms part of these T&C. Acceptance of the T&C therefore implies acceptance of the privacy policy.

Article 2 - Creation of a Customer Account

The creation of a customer account is a prerequisite for any order placed on this Site. The Customer will be asked to provide certain personal information, including first and last name, email address, postal address, and telephone number; this list is not exhaustive. The Customer undertakes to provide accurate information and is responsible for keeping it up to date. The Customer must notify the Seller promptly of any changes. The Customer is solely responsible for the accuracy and relevance of the data provided.

The registered Customer may access the Site using their login credentials (email address and password chosen at registration) or via third-party login systems such as social network buttons. The Customer is solely responsible for protecting their password and is encouraged to use a strong password. In the event of a forgotten password, a new one may be requested. The password must not be shared with third parties. The Seller cannot be held liable for unauthorised access to a Customer's account resulting from a failure to observe this obligation.

The customer account allows the Customer to view all orders placed on the Site. If data in the customer account section is lost due to a technical failure or force majeure, the Seller cannot be held liable, as such information is purely informative and has no probative value. The customer account pages may be printed by the account holder but do not constitute proof of any kind.

Each Customer may close their account at any time by sending an email to the Seller requesting deletion. No data recovery will be possible thereafter.

The Seller reserves the right to delete the account of any Customer who has breached these T&C - in particular where the Customer has knowingly provided false information - or any account that has been inactive for at least one year. Such deletion shall not entitle the Customer to any compensation, and does not preclude legal action by the Seller where circumstances warrant it.

Article 3 - Order Process

The Products and Services offered are those listed in the catalogue published on the Site, subject to availability. Each Product is accompanied by a description prepared by the Seller based on information provided by the supplier.

Product photographs are intended to provide a faithful representation of the Products offered. They do not, however, constitute a contractual commitment, as they cannot guarantee perfect correspondence with the physical Products.

The "Cart" refers to the virtual basket grouping all Products or Services selected by the Customer for purchase. The Customer selects the desired Product(s) and adds them to their Cart, the contents of which may be modified at any time.

Once the Customer has finalised their selection, they may proceed to checkout by clicking on the Cart button. They will be directed to a summary page showing the number, characteristics, and unit price of the Products ordered.

To confirm the order, the Customer must check the T&C acceptance box and click the confirmation button. They will then be directed to a form where they must enter the personal information required to process the order.

All orders must be fully and correctly completed. The Customer may make changes, corrections, additions, or cancel their order up until the point of final confirmation.

Once the form has been completed, the Customer will be invited to proceed to payment using one of the payment methods listed in these T&C. A confirmation email summarising the order and its total price will be sent shortly afterwards.

The sold Products remain the property of the Seller until full payment has been received (retention of title clause).

Article 3.1 - Online Prices and In-Store Prices

Prices displayed on www.decoalsace.fr may differ from those applied in our physical store La Boite aux Trésors, located at 4 rue Sainte-Odile, 67210 Obernai, France.

The pricing policies of the Site and the physical store are independent of one another. Differences may arise due to costs specific to online sales (processing fees, logistics, channel-specific promotions).

Prices displayed on the Site apply exclusively to online orders. The Seller is not required to apply the online price in store, nor the in-store price to online orders.

All prices on the Site are expressed in euros, inclusive of all applicable taxes (VAT included), excluding delivery charges, which are specified at the time of order confirmation.

Article 3.2 - Wine Vintages

The vintages indicated on product pages are given as a guide and correspond to stock available at the time of publication. In the event of a stock shortage, the vintage may be replaced by a different one depending on supplier availability. In such cases, the Customer will be informed before dispatch and may either accept the new vintage or receive a full refund.

Article 4 - Prices and Payment Terms

All prices are expressed in euros, inclusive of all applicable taxes (French VAT and any other applicable taxes), excluding processing and shipping costs (see Shipping and Delivery).

Products remain the property of the Seller until full payment has been received. Risk of loss or damage passes to the Customer upon physical receipt of the Products.

Product availability is indicated on each product page. No further information on availability beyond what is displayed on the Site can be provided.

If any Product ordered proves unavailable during processing, the Customer will be notified by email as soon as possible and will not be charged for that Product.

Despite every effort, a small number of Products may carry an incorrect price. Prices are verified before payment is processed. If the actual price is higher than displayed, the Customer will be contacted and may choose to proceed at the correct price or cancel their order. If the actual price is lower, the lower amount will be charged and the Product dispatched.

4.1. Instalment Payment with PayPal

To use PayPal, Customers must hold an account with PayPal. Payments made via PayPal are subject to PayPal's own terms and conditions.

Payment in 4 instalments by card is available for eligible orders.

Article 5 - Delivery

Delivery charges are communicated to the Customer before payment. Delivery is made to the address specified at the time of ordering, or to a collection point where available.

Products may be shipped within France, within the European Union, and internationally, subject to the areas covered by our carrier partners. All prices are expressed in euros (EUR) inclusive of all taxes, in line with standard B2C e-commerce practice.

5.1 - Delivery Areas

Deliveries are available within France, within the European Union, and to certain non-EU countries, subject to the areas served by our carrier partners.

5.2 - Delivery Times

Delivery times are given as an indication only and may vary depending on the carrier, country of destination, and logistical constraints. Delivery times run until the first delivery attempt.

Times shown on the Site are estimates based on the commitments of our carrier partners (Mondial Relay, Chronopost, Colissimo). Reliable in 9 out of 10 cases, these estimates may occasionally be affected by events beyond our control (weather conditions, industrial action, seasonal peaks). For Chronopost deliveries within Europe, identical delivery times are displayed for all destination countries, though actual times may vary by country; please allow 1 to 2 additional working days for deliveries outside France. No delivery time is contractually guaranteed.

No compensation shall be due in the event of delay caused by force majeure or by incorrect or incomplete information provided by the Customer (incorrect address, absence, failure to collect).

5.3 - Parcel Inspection and Claims

The Customer must inspect the parcel upon receipt. In the event of visible damage or anomaly, precise, complete and reasoned reservations must be recorded with the carrier at the time of delivery.

This obligation applies regardless of the delivery method, including in the event of parcel refusal. Acceptance without reservation, or insufficient reservations, will preclude any subsequent claim for damage or shortage.

5.4 - Loss, Damage and Carrier Claims

Parcels are insured in accordance with the guarantees provided by the carrier. Claims for loss or damage are subject to the carrier's own procedures and time limits.

Any claim for damage or missing items must be submitted within 3 working days of delivery (the day of delivery not included).

In the event of partial damage or missing items, compensation is strictly limited to the value of the goods actually affected.

Refusal of a damaged parcel resulting in its return does not entitle the Customer to compensation.

Where damage makes it impossible to continue transport, the carrier may reasonably decide to abandon the shipment and/or destroy the parcel without prior notice.

5.5 - Parcel Returned to the Seller (Non-Collection, Refusal, Incomplete Address)

If a parcel is returned to the Seller due to non-collection, refusal not based on a legitimate ground, prolonged absence, or an incomplete or incorrect address provided by the Customer, the Seller will contact the Customer to determine how to proceed.

The return of the parcel incurs handling and processing fees of €5 (VAT incl.), payable by the Customer, plus any reshipment costs.

For non-food Products, the Customer may choose between :

• Reshipment : €5 (VAT incl.) + reshipment costs (based on actual weight or the carrier tariff in force at the time of reshipment, and at minimum the original tariff where shipping was initially free), or
• Refund : the total amount paid (VAT incl.) minus the €5 (VAT incl.) handling fee and the original shipping costs (including where shipping was initially free, the actual cost thereof remaining due to the Seller).

For food Products, only reshipment is possible : €5 (VAT incl.) + reshipment costs. No refund is available due to the perishable nature of the Products.

The Customer has 60 days from the date the returned parcel is received by the Seller to notify their choice and settle any amounts due. After this period, the Seller reserves the right to charge a flat storage fee of €10 (VAT incl.) and, for non-food Products, to consider the parcel abandoned following formal notice left unanswered.

5.6 - Exchanges and Delivery Errors

In the event of a delivery error attributable to the Seller or an exchange request, Products must be returned unused, in their original condition and original packaging. Food or perishable Products cannot be returned or exchanged unless a lack of conformity is duly established at the time of delivery.

5.7 - Delivery Delays

In the event of a delay exceeding the announced delivery time, the Customer is invited to contact the Seller so that an investigation can be initiated with the relevant carrier. As the times displayed are indicative estimates and not contractual commitments, a short overrun (1 to 3 working days) shall not in itself constitute grounds for cancellation of the sale.

Beyond a significant and duly established delay, the Consumer may request cancellation of the sale in accordance with Articles L. 216-2 et seq. of the French Consumer Code, except in cases of force majeure or delay attributable to the Customer themselves (incorrect address, repeated absence, failure to collect from a relay point).

The Seller undertakes to take all reasonable steps to assist the Customer in their dealings with the carrier, without however being able to act in place of the carrier in the handling of transport disputes.

Article 6 - Right of Withdrawal and Withdrawal Form

In accordance with Articles L. 221-18 et seq. of the French Consumer Code, where the right of withdrawal applies, the Consumer has 14 days from receipt of the Product to withdraw without giving any reason.

The right of withdrawal applies exclusively to non-food Products sold at a distance. Products must be returned complete, unused, undamaged, and in their original condition. Products returned incomplete, used, damaged, or unfit for resale will not be refunded.

6.1 - Food Product Exclusion

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal does not apply to food or perishable Products. Such Products cannot be returned, exchanged, or refunded, except in the event of a duly established lack of conformity.

6.2 - Outside the European Union

The statutory right of withdrawal does not apply to deliveries outside the European Union. For deliveries to the United Kingdom, Switzerland, the United States, and the rest of the world, no right of withdrawal is offered unless expressly agreed by the Seller.

6.3 - Return Procedure

Where the right of withdrawal applies, the Customer must notify the Seller of their decision within the 14-day period, then return the Products at their own expense within a further 14 days. No cash-on-delivery returns are accepted. Use of a tracked shipping method is recommended.

6.4 - Refund

In the event of a valid withdrawal, the Seller will refund the amount paid for the returned Products within 14 days of receipt of the Products or proof of dispatch. The refund will be made using the same payment method as the original transaction, unless otherwise agreed. The Seller may withhold the refund until receipt of the Products or proof of dispatch.

6.5 - Withdrawal Form

See also : Return and Refund Policy.

Article 7 - Exceptions to the Right of Withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal does not apply to the following Products offered on the Site :

• Sealed goods which cannot be returned for reasons of hygiene or health protection, once unsealed after delivery (wines, food products, cosmetics) ;
• Goods made to the Customer's specifications or clearly personalised ;
• Goods liable to deteriorate or expire rapidly ;
• Services fully performed by the Seller where the Customer has agreed, at the time of ordering, to the commencement of performance and has waived their right of withdrawal ;
• Alcoholic beverages whose price agreed at the time of contracting depends on market fluctuations beyond the Seller's control.

The Customer acknowledges having read this list, which is communicated prior to the sale in these T&C.

Services commencing immediately after purchase and fully performed before the end of the withdrawal period do not give rise to a right of withdrawal where the Customer has expressly waived it. The right of withdrawal does not apply to the supply of digital content not provided on a tangible medium where performance has begun with the Customer's express consent and waiver of their right of withdrawal before the end of the withdrawal period.

Article 8 - Product Warranties

All items purchased on this Site benefit from the following statutory warranties under French law :

Statutory Warranty of Conformity

Under Articles L. 217-4 et seq. of the French Consumer Code, the Seller is required to deliver goods conforming to the contract and is liable for any lack of conformity existing at the time of delivery. Where a defect appears within 24 months of delivery (or 6 months for orders placed before 18 March 2016 or for second-hand goods), it is presumed to have existed at the time of delivery. The Seller may rebut this presumption where it is incompatible with the nature of the Product or the alleged defect.

After this 24-month period, the burden of proof shifts to the Customer to demonstrate that the defect existed at the time of delivery.

Under Article L. 217-9 of the French Consumer Code, in the event of a lack of conformity, the Customer may choose between repair and replacement of the goods. The Seller may decline the chosen remedy if it entails disproportionate costs compared to the alternative, and must then apply the alternative remedy unless impossible.

Warranty against Hidden Defects

Under Articles 1641 to 1649 of the French Civil Code, the Customer may claim the warranty against hidden defects where the defects were not apparent at the time of purchase, existed prior to the purchase, and are sufficiently serious - that is, they render the Product unfit for its intended use, or diminish its use to such an extent that the Customer would not have bought it, or would not have paid the same price, had they been aware of the defects.

Claims for non-conformity, exchange, or refund must be made by post or email to the addresses set out in the legal notices of the Site.

A non-conforming Product may be returned to the Seller for exchange. Where exchange is not possible (discontinued product, out of stock, etc.), the Customer will be refunded by bank transfer for the amount of their order. The costs of the exchange or refund procedure, including return shipping costs, are borne by the Seller.

Article 9 - Customer Service

Customer service is available by email at : contact [at] decoalsace [dot] fr or by post to the address indicated in the legal notices of the Site.

Trésors d'Argan also offers telephone assistance at +33 3 67 10 33 36 (no premium rate charge).

Article 10 - Liability

The Seller Trésors d'Argan cannot be held liable for non-performance of the contract due to a force majeure event. The Seller shall not be liable for any indirect damages, including loss of business, loss of profit, or any other costs that may arise in connection with the Products sold.

The selection and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial inability to use the Products, in particular due to equipment incompatibility, shall not give rise to any compensation, refund, or liability on the part of the Seller, except in the case of a proven hidden defect, lack of conformity, or valid exercise of the right of withdrawal under Articles L. 221-18 et seq. of the French Consumer Code.

The Customer expressly acknowledges that they use the Site at their own risk and under their sole responsibility. The information provided on the Site is for general information purposes only and may contain inaccuracies, errors, or omissions. In no event shall Trésors d'Argan be held liable for :

• any direct or indirect damage, including loss of profit, loss of customers, or loss of data, resulting from the use of, or inability to use, the Site ;
• any technical malfunction, access failure, misuse, or incorrect configuration of the Customer's device ;
• the content of advertisements or external links accessible from the Site.

Product photographs on the Site have no contractual value. The Seller cannot be held liable where the characteristics of a Product differ from those shown, or where the visuals are inaccurate or incomplete.

Article 11 - Intellectual Property

All elements of this Site are the property of the Seller or of third parties, or are used by the Seller with the authorisation of their owners.

Any reproduction, representation, or adaptation of logos, text, images, or videos - without this list being exhaustive - is strictly prohibited and constitutes an infringement, in particular under Articles L. 713-2 et seq. of the French Intellectual Property Code.

Any Customer found to be in breach of intellectual property rights may have their account deleted without notice or compensation, without prejudice to any subsequent legal proceedings initiated by the Seller or their representatives.

The trademarks and logos appearing on the Site may be registered by Trésors d'Argan or one of its partners. Any unauthorised use, reproduction, or distribution may result in sanctions under Articles L. 713-2 et seq. of the French Intellectual Property Code.

Article 12 - Severability

If any provision of these T&C is found to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from the remaining T&C, which shall continue to be valid and enforceable.

These T&C supersede all prior or contemporaneous written or oral agreements. Rights and obligations under these T&C may not be assigned or transferred by the Customer without the Seller's prior consent. The French language version of these T&C is the authoritative version; any translations are provided for information purposes only.

A printed or electronic version of these T&C and of all notices given in electronic form may be produced in judicial or administrative proceedings.

Article 13 - Applicable Law and Dispute Resolution

These T&C are governed by and construed in accordance with French law.

Subject to any applicable mandatory provisions, any dispute arising in connection with the performance of these T&C may, before any legal action is taken, be submitted to the Seller for amicable resolution.

A request for amicable settlement does not suspend the statutory time limits for bringing legal proceedings. Subject to any mandatory provisions, legal proceedings shall be brought before the courts of the defendant's place of domicile.

For Customers residing in the European Union, the European Commission's Online Dispute Resolution platform is available at : https://ec.europa.eu/consumers/odr.

Consumer Mediation

In accordance with Article L.612-1 of the French Consumer Code, it is recalled that « every consumer has the right to have free recourse to a consumer mediator with a view to the amicable resolution of a dispute with a professional. To this end, the professional guarantees the consumer effective access to a consumer mediation scheme ».

In the event of an unresolved dispute, the Customer may refer the matter to the competent conciliator in their area :

• https://www.conciliateurs.fr

It is recalled that this recourse is not mandatory for the Customer.