Terms and conditions of sale

Name: Charlotte LEROUX EI
Status: Micro-entrepreneur — Artisan d’Art (French registered craft artist)
SIRET: 900 983 768 00020
Address: 118 chemin du Pigeonnier 13790 Rousset
E-mail: contact@charlotte-leroux.com
Website / online shop: www.charlotte-leroux.com
Not liable for VAT — Article 293 B of the French General Tax Code (Code général des impôts).

These Terms govern all sales of ceramic pieces concluded by the Seller, whether the sale takes place:
• through the online shop at www.charlotte-leroux.com;
• at craft markets, fairs or exhibitions;
• as a bespoke order.

They apply to sales concluded with consumer Buyers. Sales concluded with business customers (galleries, interior architects, resellers, establishments open to the public) are governed by separate business terms and conditions of sale, available on request.

These Terms prevail over any other document issued by the Buyer.

The pieces offered are handcrafted ceramic creations, shaped by hand in the Seller’s studio. Owing to their handmade nature, each piece is unique: dimensions, colour shades, textures, shapes and finishes may vary slightly from the photographs and the dimensions shown. These variations are an integral part of the creative approach and do not constitute defects.

Photographs and descriptions are provided for guidance. As the perception of colour is subjective, images do not amount to a contractual undertaking of strict conformity.

Access to the studio, where pieces available for sale and glaze samples are displayed, may be arranged by appointment so that colour shades and the actual appearance of the pieces can be assessed.

The pieces sold are sculptural or decorative in nature, or intended for studio use. They are not designed for food contact unless expressly stated otherwise in their description. Care instructions and any conditions of use (piece designed for indoor use only, dishwasher, oven or microwave safe) are set out on each product page.

Prices are stated in euros (€), inclusive of all taxes. As a micro-entrepreneur not liable for VAT (Article 293 B of the French General Tax Code), no VAT is charged.

The Seller reserves the right to amend prices at any time. Orders are invoiced at the price in force at the time the order is confirmed.

Delivery charges are not included in the displayed prices. They are calculated and shown separately, in euros inclusive of all taxes, before the order is confirmed. They are payable by the Buyer unless stated otherwise.

5.1 — Pieces available in the online shop
The order is confirmed upon receipt of payment in full. A confirmation is sent to the Buyer by e-mail within 24 working hours. This confirmation constitutes the date of formation of the contract of sale and the Buyer’s acceptance of these Terms.

If no confirmation is received within that time, the Buyer is advised to check their spam folder and then contact the Seller at the e-mail address given in Article 1.

The information provided by the Buyer when placing the order is binding on the Buyer. Should the recipient’s details be entered incorrectly, the Seller cannot be held liable for any resulting inability to deliver the piece.

As stock is by nature limited, the Seller cannot guarantee that a piece remains available between the moment it is added to the basket and the completion of payment.

The Seller reserves the right to refuse an order on legitimate grounds, in particular where the order is abnormal in relation to usual volumes, where a previous order remains the subject of a payment dispute, or where there is serious suspicion of fraud.

If a piece shown as available proves to be unavailable after the order has been placed, the Seller will inform the Buyer as soon as possible and refund all sums paid, at the latest within fourteen days of that notification.

5.2 — Bespoke orders
Bespoke orders are preceded by a discussion to define the characteristics of the piece (shape, dimensions, colours, finishes, intended use). A quotation is issued and must be accepted by the Buyer before any work begins.

A deposit of 40% is payable when the bespoke order is confirmed. The balance is due before the piece is dispatched or handed over.

By express derogation from Article L.214-1 of the French Consumer Code, the sums paid on acceptance of the quotation constitute a deposit (acompte) and not earnest money (arrhes). They bind both parties definitively to performance of the contract.

If the Buyer cancels a bespoke order after work has begun, the deposit paid is retained by the Seller, as compensation for the materials committed and the work already carried out on a piece designed specifically for the Buyer and not marketable as it stands.

Production times are notified when the order is placed and are set out in the quotation. They generally range from 4 to 12 weeks depending on the nature and complexity of the piece.

In accordance with Article L.221-28 of the French Consumer Code, pieces made to the Buyer’s specifications or clearly personalised are excluded from the right of withdrawal (see Article 8.4).

5.3 — Purchases at markets, fairs and exhibitions
Sales concluded in person at craft markets, fairs, exhibitions or at the studio are governed by these Terms, with the exception of the provisions specific to distance selling. Payment is due at the time of purchase.

In accordance with Article L.224-59 of the French Consumer Code, the Buyer does not have a right of withdrawal for contracts entered into at craft markets, trade fairs, exhibitions or in the workshop.

The following means of payment are accepted:
• bank card, through the Stripe secure payment platform, on the website or at the studio using a payment terminal;
• bank transfer, for bespoke orders and subject to the Seller’s prior agreement;
• cash, for in-person purchases only and within the statutory limits.

The price of pieces available in the online shop is payable in full on the day the order is placed.

For bespoke orders, the deposit provided for in Article 5.2 is payable on acceptance of the quotation and the balance before the piece is dispatched or handed over, unless otherwise agreed in advance and in writing by the Seller.

7.1 — Delivery areas
Orders placed via the online shop are dispatched to mainland France, including Corsica.

Collection in person from the studio is also possible, by appointment and with no delivery charges.

Buyers residing in another Member State of the European Union may place an order under the same conditions as any other Buyer. The order will then be delivered to an address in mainland France, collected from the studio, or handed over to the carrier of their choice in accordance with the conditions set out in Article 7.4.

The online shop does not offer delivery to any other destinations — overseas departments and territories, other Member States of the European Union, or third countries. However, such delivery may be considered at the Buyer’s express request, subject to the conditions set out in Article 7.8.

7.2 — Time limits
The Seller undertakes to dispatch the piece within 7 working days of receipt of payment in full. For bespoke orders, the applicable time limit is the one set out in the accepted quotation.

In accordance with Article L.216-1 of the French Consumer Code, and failing any other agreed date, delivery takes place no later than thirty days after the contract is concluded.

During certain periods (holidays, training, firings), dispatch may be suspended. A banner on the website then indicates the estimated date on which dispatch will resume. Any such suspension is brought to the Buyer’s attention before the order is confirmed.

Where the delivery time limit is exceeded, the Buyer may, in accordance with Articles L.216-2 and L.216-3 of the French Consumer Code, require the Seller to deliver within a reasonable additional period. Failing performance within that period, the Buyer may terminate the contract by registered letter with acknowledgement of receipt, or by a writing on another durable medium. The Seller shall then refund all sums paid, at the latest within fourteen days of the date of termination of the contract.

Where the Buyer is subject to a date constraint, they are advised to contact the Seller as soon as the order is confirmed so that a firm delivery date can be agreed.

7.3 — Charges and packaging
Delivery charges are payable by the Buyer and calculated according to weight, dimensions and destination. They are notified to the Buyer before the order is confirmed.

Each piece is carefully packaged to ensure its protection in transit.

7.4 — Carrier and transfer of risk
The Buyer is delivered to the address given when the order was placed, by Colissimo (La Poste) or any other carrier offering equivalent guarantees.

In accordance with Article L.216-4 of the French Consumer Code, the risk of loss of or damage to the piece passes to the Buyer at the moment the Buyer, or a third party designated by the Buyer, takes physical possession of it.

By way of exception, where the Buyer entrusts carriage to a carrier of their own choosing which was not offered by the Seller, risk passes to the Buyer as soon as the piece is handed over to that carrier, in accordance with Article L.216-5 of the French Consumer Code.

7.5 — Failure to collect
Where the Buyer arranges collection themselves, or opts to collect from the studio, the Seller notifies them in writing of the date from which the piece is held at their disposal. Collection must take place within thirty days of that notification, on terms agreed between the parties.

After that period, the Seller sends the Buyer a reminder and then, in the absence of any response, a formal notice to collect the piece by registered letter with acknowledgement of receipt. In accordance with Article 1345 of the French Civil Code, this formal notice places the risks relating to the piece on the Buyer.

From the date of that formal notice, storage charges of 20 € per month commenced are payable by the Buyer, up to a limit of 20% of the price of the piece. In accordance with Article 1345-3 of the French Civil Code, the costs of the formal notice and, where applicable, of placing the piece in the custody of a professional bailee, are borne by the Buyer.

If the piece has still not been collected on expiry of a period of twelve months following the formal notice, the Seller may terminate the sale as of right. The Seller then returns to the Buyer the sums paid, less the storage charges accrued and a termination indemnity equal to 10% of the price of the piece. The piece once again becomes freely available for sale.

7.6 — Receipt of the piece
The Buyer is advised to check the condition of the packaging and of the piece in the presence of the delivery driver. In the event of visible damage, the Buyer is invited to record precise reservations with the carrier or to refuse the parcel, to keep the packaging, to photograph both the parcel and the piece, and to inform the Seller as soon as possible, if practicable within 48 hours of receipt.

These steps make it easier to handle the matter and to pursue the Seller’s recourse against the carrier. They do not condition the exercise of the Buyer’s rights. Each situation is examined carefully and an appropriate solution is offered.

7.7 — Lost or undelivered parcel
In accordance with Article L.221-15 of the French Consumer Code, the Seller is automatically liable to the Buyer for the proper performance of the order, including where delivery is entrusted to a carrier.

If the parcel has not been delivered within 21 working days of the announced delivery date, the Buyer informs the Seller, who opens an enquiry with the carrier. If the parcel is not found, the Seller shall, at the Buyer’s choice and subject to availability, either replace the piece or refund it in full, including delivery charges.

This Article does not apply where carriage was entrusted by the Buyer to a carrier of their own choosing, under the conditions set out in Article 7.4.

It is recalled that, pursuant to Article 1231-4 of the French Civil Code, damages cover only what is an immediate and direct consequence of the non-performance.

7.8 — Deliveries outside the standard delivery area
The online shop does not offer delivery outside mainland France. At the Buyer’s express request and on their own initiative, the Seller may, however, consider arranging delivery to another destination.

Such a shipment does not constitute an offer by the Seller. It is subject to a separate, prior quotation specifying the chosen carrier, the delivery time, the transport and packaging costs, as well as the estimated amount of any applicable duties, taxes and customs clearance charges. The sale is only concluded once the Buyer has accepted the quotation in writing.

Customs duties, import taxes, customs clearance charges and formalities applicable in the country of destination are not included in the prices displayed in the shop. These are borne by the Buyer and, depending on the destination, are either paid by the Buyer on delivery or advanced by the Seller at the time of dispatch and re-invoiced in the quotation.

The Seller reserves the right to decline a request for dispatch outside the standard delivery area, in particular where the fragility of the item, regulatory constraints in the country of destination, applicable value limits or the lack of a secure transport solution mean that successful delivery cannot be guaranteed.

8.1 — Period and manner of exercise
In accordance with Articles L.221-18 et seq. of the French Consumer Code, a Buyer who has concluded a distance sale has a period of fourteen calendar days from receipt of the piece in which to exercise their right of withdrawal, without having to give reasons and without bearing any costs other than those set out in Article 8.2.

Where an order covers several pieces delivered separately, the period runs from receipt of the last piece.

To exercise this right, the Buyer notifies their decision to the Seller by a clear and unambiguous statement, at their choice:
• by e-mail to the address given in Article 1, stating their order number and the pieces concerned;
• by using the model withdrawal form appended to these Terms;
• by using the cancellation function made available at the time of ordering, in which case the withdrawal covers the entire order.

8.2 — Return of the piece and costs
The Buyer returns the piece to the Seller at the latest within fourteen days of communicating their decision to withdraw.

The direct costs of returning the piece are borne by the Buyer.

The Buyer is advised to re-use the original packaging or protective packaging of at least equivalent quality, and to use a carrier offering tracking and insurance appropriate to the value of the piece.

In accordance with Article L.221-23 of the French Consumer Code, the Buyer may be held liable for any diminished value of the piece resulting from handling other than what is necessary to establish its nature and characteristics. Where applicable, the amount of that diminished value, duly substantiated, is deducted from the refund.

8.3 — Refund
Where withdrawal covers the entire order, the Seller refunds to the Buyer all sums paid, including the initial delivery charges, without undue delay and at the latest within fourteen days of the date on which the Seller is informed of the Buyer’s decision to withdraw.

Where the Buyer has expressly chosen a delivery method more expensive than the standard delivery method offered by the Seller, the refund of delivery charges is limited to the cost of the standard delivery method.

In the case of partial withdrawal, the initial delivery charges are not refunded, delivery having been performed for the pieces retained by the Buyer. However, if the delivery charges invoiced exceed those which would have applied to the retained pieces alone, the Seller refunds the difference.

In accordance with Article L.221-24 of the French Consumer Code, the Seller may withhold the refund until the piece has been recovered or until the Buyer has supplied proof that it has been sent back, whichever occurs first.

The refund is made using the same means of payment as that used by the Buyer for the initial transaction, unless the Buyer expressly agrees to another means and provided that the refund does not cause the Buyer to incur any charge.

8.4 — Exclusions
In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal does not apply to:
• pieces made to the Buyer’s specifications or clearly personalised (bespoke orders);
• purchases made in person — craft markets, fairs, exhibitions, studio and hand-to-hand delivery — which do not constitute distance sales.

Independently of any commercial warranty, the pieces benefit from the following legal guarantees:

9.1 — Legal guarantee of conformity
Articles L.217-3 to L.217-20 of the French Consumer Code. The Seller is answerable for any lack of conformity which becomes apparent within two years of delivery of the piece. The Buyer may request that the piece be brought into conformity by repair or replacement and, where this is impossible or does not take place within a reasonable time, a price reduction or termination of the sale.

It is recalled that the natural variations inherent in the handmade character of the pieces — slight irregularities, colour shades, traces of the making process — are inherent in the Seller’s approach and do not constitute a lack of conformity.

9.2 — Legal guarantee against latent defects
Articles 1641 to 1649 of the French Civil Code. Where a latent defect renders the piece unfit for its intended use, the Buyer may, within two years of discovering the defect, choose between termination of the sale and a reduction in the price.

9.3 — How to invoke a guarantee
To invoke a guarantee, the Buyer sends the Seller, at the e-mail address given in Article 1, a description of the defect observed together with photographs. A reply is provided as soon as possible.

All pieces created by the Seller are original works protected by copyright. The purchase of a piece does not transfer any right of reproduction, of communication to the public, or of commercial exploitation.

Any reproduction, even partial, of the pieces, images, photographs or descriptions, without the Seller’s prior written authorisation, is prohibited.

The Buyer authorises the Seller to use photographs of the pieces sold to them for communication purposes (website, social media, portfolio, press), without naming the Buyer, unless the Buyer expressly objects by notice sent to the e-mail address given in Article 1.

Reciprocally, the Buyer may publish photographs of the piece acquired, for non-commercial purposes, on the express condition that Charlotte LEROUX is credited as the author of the work, visibly and explicitly. Any publication for commercial purposes remains subject to the Seller’s prior written authorization.

Personal data collected in connection with orders (name, postal address, e-mail address, telephone number) are used exclusively to process and follow up orders and for related communication.

These data are neither sold nor passed on to third parties, save to those service providers strictly necessary for the performance of the order (carrier, secure payment platform).

In accordance with the General Data Protection Regulation (Regulation (EU) 2016/679) and the French Data Protection Act, the Buyer has rights of access, rectification, erasure, restriction and portability in respect of their data. These rights are exercised by request sent to the e-mail address given in Article 1.

Data are retained for the period necessary to perform the order and thereafter for the statutory retention period applicable to accounting records, namely ten years.

The Seller shall not be held liable for any damage resulting from improper use of the pieces or failure to follow the provided usage instructions, including placing a part not intended for such use in a dishwasher, oven, or microwave, or exposing a part designed for indoor use to outdoor conditions.

The descriptions on each product page specify care instructions, recommended uses, and applicable restrictions.

Complaints and disputes are always received with attentive goodwill, good faith being presumed in anyone who takes the trouble to set out their situation. The Seller endeavours, so far as possible, to find an amicable solution.

In the event of a dispute, an amicable solution is sought as a priority. The Buyer may send their complaint to the Seller by e-mail to the address given in Article 1, or through the contact form on the website.

In accordance with Article L.612-1 of the French Consumer Code, where no amicable solution is found, the Buyer may have free recourse to a consumer mediator (médiateur de la consommation).

The mediator appointed by the Seller is:
Société de Médiation Professionnelle (SMP)
Alteritae 5 rue Salvaing 12000 Rodez
https://www.mediateur-consommation-smp.fr/


The Buyer may refer a matter to the mediator only after having sent the Seller a prior written complaint which has not received a satisfactory response. From the date that written complaint is sent, the Buyer has twelve months in which to refer the matter to the mediator.

The list of registered mediators may be consulted at www.economie.gouv.fr/mediation-conso.

For cross-border disputes within the European Union, the Buyer may also consult the European consumer redress service: https://consumer-redress.ec.europa.eu

These Terms are governed by French law. This choice does not deprive a consumer resident in another Member State of the European Union of the protection afforded to them by the mandatory provisions of the law of their country of habitual residence.

In accordance with Article R.631-3 of the French Consumer Code, the Buyer may bring proceedings, at their choice, either before one of the courts having territorial jurisdiction under the French Code of Civil Procedure, or before the court of the place where they were resident at the time the contract was concluded or at the time the harmful event occurred.

For a Buyer resident in another Member State of the European Union, the rules of jurisdiction laid down in Regulation (EU) No 1215/2012 remain applicable.

These Terms are drawn up in French. The English version is a translation provided for information purposes; in the event of any discrepancy, the French version prevails. This does not affect the rights conferred on the Buyer by the mandatory provisions referred to in the first paragraph of this Article.

The Seller reserves the right to amend these Terms at any time. The Terms applicable to an order are those in force on the day that order is placed.

(Complete and return this form only if you wish to withdraw from your order.)
To Charlotte LEROUX EI — 118 chemin du Pigeonnier, 13790 Rousset, France — contact@charlotte-leroux.com
I hereby give notice of my withdrawal from the contract for the sale of the piece below:
Ordered on: ____________________
Received on: ____________________
Order number: ____________________
Description of the piece(s) concerned: ____________________
Name of consumer(s): ____________________
Address of consumer(s): ____________________

Date: ____________________
Signature (only if this form is notified on paper):

This form may also be sent by e-mail to contact@charlotte-leroux.com, with the subject line “Withdrawal — Order no. [number]”.