The online shop “Morta Knives” of SARL Atelier JHP mentions in these Terms and Conditions of Sale, as required by law, the information on the company, the products (goods or services), the price, the delivery, the contractual terms and guarantees, the right to cancel, termination of contract and dispute resolution.
1) Company
SARL Atelier JHP
87 Rue de la Brière
44117 Saint André des Eaux
Tel : 0240665369
Mail : atelier-jhp@couteaux-morta.com
Activities: Making cutlery
SIREN : 530 121 763 00011
Code APE : 2573B
2) Purpose
The purpose of these Terms and Conditions of Sale is to define the rights and obligations of the parties, SARL Atelier JHP of the one part, and the person or legal entity wishing to make a purchase on the website (hereafter termed “customer”) of the other part, in the context of online sales.
3) Scope
These Terms and Conditions of Sale govern the sale of the product on the day of ordering by the customer. They apply to all methods of placing orders proposed by SARL Atelier JHP.
4) Acceptance
These Terms and Conditions of Sale can be read on the website https://www.couteaux-morta.com. They can also be sent by e-mail or by post at the request of the customer.
The customer acknowledges being apprised, at the time of ordering, of the Terms and Conditions of Sale set out on this website, governing the contractual relations between SARL Atelier JHP and its customer, both parties accepting them unreservedly, in their entirety.
The fact for the customer of ticking the box “I accept the Terms and Conditions of Sale of the shop” before confirming their order entails express acceptance by the customer of the Terms and Conditions of Sale, unreservedly and in their entirety.
By this act, the customer acknowledges having read, understood and accepted these Terms and Conditions of Sale. The purchase by the Internet, telephone or postal mail also implies acceptance of these Terms and Conditions of Sale, unreservedly and in their entirety, which the customer acknowledges having read and understood beforehand. Accordingly, the customer acknowledges being informed that their consent concerning the content of these Terms and Conditions of Sale does not require handwritten signature of this document.
5) Products (goods or services)
The products are presented both in the form of photos (the most faithful possible but there may be some differences, notably in colour rendering), and in the form of a description so as to have the essential characteristics of the product before purchasing it. The information and characteristics are provided by Atelier JHP. The company reserves the right to modify the range of products.
SARL Atelier JHP cannot be held liable in the event of breach of the contract concluded in the event of inventory shortage, unavailability of the product, force majeure, disruption, partial or total strike notably of the postal services and means of transport and/or communication, flooding, fire, etc.
6) Price
The prices are given in Euros and apply as from the date on which the customer sends confirmation of the order. The prices do not include delivery charges, invoiced on top and indicated before final confirmation of the order. Payment in full must be made with the order, barring special offer indicated on the website or the online shop. As the prices of the suppliers of SARL Atelier JHP are constantly changing, the prices posted on the website are liable to be modified at any time. But the price applying is that indicated on the website on the date the order is registered by the customer.
7) Payment
The customer may choose between several means of payment to pay for their order: PayPal, bank card, cheque or bank transfer.
In the event of payment by cheque, the latter must be issued by a bank domiciled in metropolitan France. The orders paid by cheque will be shipped once the cheque has been deposited in the bank and endorsed by the banking services. The cheques are cashed as from confirmation of the order.
The orders paid by bank transfer will only be processed upon confirmation of the transfer by the banking services. The delivery lead times are to be calculated as from the date of confirmation of the means of payment by the banking services. The customer guarantees that they have the necessary authorizations to use the payment method they choose when confirming their order.
SARL Atelier JHP reserves the right to suspend any order processing and delivery in the event of denial of authorization for payment by bank card on the part of the accredited bodies or in case of non-payment. It reserves the right to refuse to carry out a delivery or to fulfil an order coming from a customer who fails to pay a previous order in full or partially, or with whom a payment dispute is pending.
Despite the verification procedures put in place, SARL Atelier JHP accepts no liability for any misappropriation of funds or fraudulent use of means of payment. Atelier JHP retains full ownership of the products sold until all amounts payable by the customer in connection with their order have been cashed. The customer’s assignment of title to goods purchased from SARL Atelier JHP to a third party will not be covered by SARL Atelier JHP. Only the original buyer of the product may invoke the clauses of these Terms and Conditions of Sale.
8) Delivery
The products are delivered to the address specified by the customer on the order form. It therefore falls to the customer to verify the information they provide. In this context, all shipping charges shall be payable by the customer.
Delivery lead time: from 1 to 3 weeks.
In the event of late delivery exceeding 3 days in relation to the scheduled date, it is advisable to first contact us by e-mail or telephone. If the parcel was already shipped, you will then need to check with your post office that the parcel is not being processed, then inform us of the delay by e-mail. We will contact the French post office to request an investigation, which can take 21 days. If the parcel is found, it will be reshipped to your home. If it is not found after 21 business days of investigation, it will be deemed lost by the post office, at which time we will be able to send you a replacement product, at our expense, or if the product is no longer available, we will reimburse you for the full amount of the product(s) concerned by the carrier’s loss.
If there is a problem concerning the delivery (damaged parcel, broken products, etc.), the customer must indicate this fact on the delivery note and sign it. In fact, the customer is required to check the state of the packaging of the goods upon delivery, to report the damage to the transport company on the delivery note and by registered letter within 48 hours, as well as to SARL Atelier JHP within 48 hours. If the parcel is delivered by the post office and arrives open and damaged, the customer is required to have this confirmed by the postman or post office (have a report of spoliation drawn up (report 170)) so that SARL Atelier JHP can open an investigation and a compensation procedure.
In the event of a delivery error or products not in conformity with the order form, the customer must send a complaint by e-mail (atelier-jhp@couteaux-morta.com) to SARL Atelier JHP, within 48 hours of the delivery. After that deadline, or if the above rules are not respected, the complaints will be rejected. Any product to be exchanged or refunded must be returned in its entirety, within 8 days of SARL Atelier JHP’s response giving its consent, to the following address: Atelier JHP – 87 Rue de la Brière – 44117 Saint-André-des-Eaux. If this procedure is not respected the claim will be rejected.
In the event of a strike affecting postal services, the transport company or any exceptional event delaying or preventing delivery of the parcel, SARL Atelier JHP cannot be held liable for the delays caused.
9) Freight charges
The freight charges are invoiced to the customer according to the weight of the parcel, the place of delivery, the transport company or delivery method chosen by the customer. These charges are notified to the customer in their shopping cart before the definitive registration of the order. Any order confirmation entails a payment obligation. An e-mail is sent to the customer to confirm the order-taking on condition that the e-mail provided by the customer is correct.
10) Right to cancel, return, exchange
As required by law, the customer has 14 calendar days to exercise their right to cancel without having to pay any penalties, apart from the cost of returning the products in question. This deadline starts running from the day on which the customer receives the products.
The return request can be made by contacting SARL Atelier JHP by e-mail, by the contact form on the website or by telephone. SARL Atelier JHP will then inform the customer of the procedures to follow. We recommend that customers return the products by registered mail and/or with additional insurance covering customers’ compensation, if need be, for the products at their market value in the event of loss. The return is carried out at the customer’s risk. So it is up to the customer to keep documentary proof of the return. The costs of return are payable by the customer. The products returned must be intact, in pristine condition for resale and in their original packaging. They must not have been used or suffered any damage, even minimal, and they must be in a perfect state of cleanliness. Any product that is damaged, incomplete or where the original packaging is damaged will not be exchanged or refunded.
Any product that is damaged, incomplete or where the original packaging is damaged will not be exchanged or refunded. Certain products are not subject to the right to cancel in accordance with article L 121-20-2 of the Consumer Code, restrictive conditions that extend to the possibility of cancelling an order. More particularly, when supplying products made specifically for the customer, customized or made to order. The exchange request must be made within 14 calendar days of the date of receipt of the product concerned. If the price of the new product requested in exchange is higher, the customer must pay the difference before shipment of the new product. Conversely, if the amount is less than the initial order, the customer’s account will be credited with this difference. The new product will be shipped after the return of the product exchanged. If the shipping charges relating to the replacement product are higher than the initial shipping charges, SARL Atelier JHP may ask the customer for a supplement to cover the extra charges.
11) Complete terms and conditions
If one or more of the stipulations in these Terms and Conditions of Sale are held to be invalid or ruled as such by a law or regulation, the force and scope of the other stipulations shall remain in force. The applicable Terms and Conditions of Sale are those prevailing on the date the order is registered. They may be amended at any time by SARL Atelier JHP.
12) Governing law
These Terms and Conditions of Sale are governed by French law. The same is true for the substantive and procedural rules. In the event of a dispute or complaint, the customer must first contact SARL Atelier JHP to settle the matter out of court. Barring out-of-court settlement, the court of Saint-Nazaire (44) shall have jurisdiction.
13) Personal data
In accordance with current regulations concerning the personal data collection essential to processing customers’ orders, the customer has the right to access, rectify or delete their personal data. To that end, the customer must send a request to SARL Atelier JHP. SARL Atelier JHP reserves the right to collect data on the customer including by the use of cookies. SARL Atelier JHP undertakes not to transmit the said confidential data to any external organization.
14) Intellectual property
All the texts and images reproduced on the website and online shop of SARL Atelier JHP are protected with respect to copyright and intellectual property laws.