General conditions of sale
Terms of Use
These General Conditions of Sale and Use are established between
The company SAS Gioia Factory with share capital of €100, whose registered office is located at 91 rue de Maubeuge, 75010 Paris, registered in the National Register of Companies under number 987 846 286, whose registered office is located at 91 rue de Maubeuge 75010 Paris.
And any natural or legal person wishing to make a purchase via the website www.solesino.fr hereinafter referred to as “the buyer”.
These terms and conditions apply to the sale of all items presented on the website www.solesino.fr, a site hosted by Shopify Inc. whose head office is located at 150 Elgin Street 8th Floor Ottawa, Ontario K2P 1L4.
Article 1. Purpose
These conditions of sale aim to define the contractual relations between SAS Gioia Factory and the buyer and the conditions applicable to all sales of Solesino items concluded via the merchant site accessible from the French and English version of the website www.solesino.fr.
Before placing an order electronically (on the Internet), the customer declares that they have read these General Terms and Conditions of Sale. Validation of their order therefore constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
SAS Gioia Factory reserves the right to modify the General Terms and Conditions of Sale at any time, in order to comply with any new regulations or to improve the use of its website. Therefore, the applicable conditions will be those in effect on the date the buyer places the order.
Article 2. Products for sale
The products offered are those listed on the website www.solesino.fr of the company SAS Gioia Factory, subject to availability. The online sales site www.solesino.fr offers tableware, decorations made of earthenware, glassware, pottery, wood and other materials, and in general everything related to the art of the table.
The items offered on the site are available while stocks last. Consequently, any claim by the buyer regarding the order of an unavailable item will be considered null and void.
SAS Gioia Factory reserves the right to modify its product range at any time. Each product is presented on the website in the form of a description. This information complies with the requirements of current legal and regulatory texts, including Articles L.111-1 and L.112-1 of the French Consumer Code and the Ministerial Decree of December 3, 1987, "relating to consumer information on prices."
The photographs, graphics and descriptions of the products offered for sale are only indicative and do not bind SAS Gioia Factory in any way, even in the event of an obvious error between the characteristics of the items and their representation. Customers may obtain additional information by contacting SAS Gioia Factory by telephone. The sale of the products presented on the website www.solesino.fr is intended for all buyers residing in countries that fully authorize the entry of these products into their territory.
Article 3. Rates
The prices listed on the product sheets in the online catalog are in Euros (€) inclusive of all taxes (TTC) and take into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products.
Gioia Factory reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery costs, which are invoiced in addition to the price of the products purchased according to the total amount of the order.
The price including VAT of each item that the customer wishes to purchase, as well as the amount of transport costs relating to their delivery, will be communicated to them when they connect to the website www.solesino.fr.
Shipping costs vary depending on the delivery location and order amount. Shipping costs are automatically calculated when you enter your shipping address on the checkout page.
In accordance with the provisions of Article L.221-11 of the Consumer Code, the customer will receive, upon delivery, for each item, written confirmation of the price paid detailing the price of each item and the delivery costs.
Article 4. Order and payment terms
Each order on the solesino.fr website can be made with or without creating a customer account. At each visit, the buyer who has created an account can, if they wish, consult their account to track the status of their orders, modify information on their profile, etc. They will have to identify themselves using the username and password they entered when creating their account.
SAS Gioia Factory offers the buyer the option of ordering and paying for their products using secure Paypal payment or Amex, Apple Pay, MasterCard or Visa bank cards.
The buyer selects the products he wishes to order in the "basket", and modifies them if necessary (quantities, references, etc.). The order validation is done in four steps:
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recording customer information;
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the choice of shipping method;
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the choice of payment method;
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the order summary and final validation.
For credit card payments, the transaction is controlled, stored and processed online by our partner company, Stripe , located at 510 Townsend Street in San Francisco, CA 94103, USA. Transaction information and the customer's credit card details are stored in a secure environment. In the event of fraudulent use of the card, the buyer may request cancellation of the card payment, and the amounts paid will then be re-credited or refunded. The cardholder's liability is not incurred if the disputed payment has been proven to have been made fraudulently, remotely, without physical use of their card. To obtain reimbursement for the fraudulent debit and any bank charges that the transaction may have incurred, the cardholder must contest the charge in writing with their bank within 70 days of the transaction, or even 120 days if the contract binding them to it so provides. The amounts withdrawn will be reimbursed by the bank within a maximum of one month after receipt of the written objection filed by the holder. No fees for the restitution of the sums may be charged to the holder.
Confirmation of an order entails acceptance of these General Conditions of Sale, recognition of having full knowledge of them and waiver of the right to invoke one's own conditions of purchase.
Pursuant to the provisions of Article 1369-4 of the French Civil Code, the customer will have the opportunity, before definitively confirming their order, to check the details of their order and its total price and to rectify any errors before confirming their order to express their acceptance. From the moment the customer has validated their order, SAS Gioia Factory will ensure receipt of it without delay and electronically.
All data provided and the recorded confirmation will constitute proof of the transaction. SAS Gioia Factory will send an email confirming the registration of the order to the address provided by the customer when ordering.
In accordance with the provisions of Article L.121-1 of the Consumer Code, SAS Gioia Factory will be entitled to refuse any abnormal order or order placed in bad faith, or any order from a customer with whom there is a dispute relating to the payment of a previous order.
If the buyer wishes to contact SAS Gioia Factory, he can do so using one of these means of contact:
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by mail : SAS Gioia Factory 91 rue de maubeuge, 75010 Paris
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by email : contact@solesino.fr
Article 5. Retention of title
SAS Gioia Factory retains full ownership of the products sold until full payment of the price, including principal, costs and taxes.
Article 6. Withdrawal
Pursuant to Article L.221-18 of the French Consumer Code, the buyer has a period of fourteen working days from the delivery of his order to exercise his right of withdrawal and thus return the product to the seller for exchange or refund without penalty, with the exception of return costs. In this case, the return will be at the customer's expense and the carrier will be chosen by the customer.
The refund of the amounts paid for the returned item(s) will be made, depending on the method of payment for the items, by credit to the customer's bank account corresponding to the bank card used for payment or by transfer to the bank account. In application of article L.221-2-4 of the Consumer Code, the additional costs paid by the customer and linked to the choice of a specific delivery method will not be refunded.
Article 7. Delivery
Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area. Orders are made by one of our carriers:
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UPS at home in Metropolitan France;
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Chronopost via the Relais pick up offer in Metropolitan France;
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UPS and UPS Express for all international and overseas deliveries
Delivery times for each carrier are given for informational purposes only; if they exceed thirty days from the order, the sales contract may be terminated and the buyer refunded. SAS Gioia Factory will provide the buyer with the tracking number for their package by email. Transport risks are the responsibility of the buyer from the moment the items leave SAS Gioia Factory's premises. The buyer is required to check the condition of the packaging of the goods and their contents upon delivery in the presence of the postal employee or delivery person. In the event of damage during transport, any protest must be made to the carrier within three days of delivery.
In addition to mainland France and its overseas departments and territories, the delivery countries offered for sale through the molleni.com website are those covered by the UPS carrier.
Orders are prepared and dispatched during the week, excluding Saturdays, Sundays and public holidays.
Normal delivery times are calculated for any order placed before midnight.
For any special order, delivery times will be those agreed between the customer and SAS Gioia Factory.
Delivery times vary depending on the destination country and are provided for informational purposes only, starting from the date the order is shipped. These delivery times are subject to any unforeseen circumstances or force majeure that may delay delivery beyond the control of SAS Gioia Factory. They correspond to the delivery times provided by our delivery service provider.
Article 8. Warranty
All products supplied by SAS Gioia Factory benefit from the legal guarantee provided for by articles 1641 et seq. of the Civil Code.
The customer must ensure that the items delivered to him correspond to his order.
In the event of non-conformity of a product sold, it may be returned to SAS Gioia Factory, which will take it back, exchange it or refund it.
Notwithstanding the customer-specific warranty conditions with the delivered item, Solesino items are subject to the warranty conditions provided for by law, namely Articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and Articles 1641 and 1648, first paragraph of the Civil Code.
All complaints, requests for exchange or refund must be made either electronically to support@solesino.fr, or by post to the following address: SAS Gioia Factory, 91 rue de maubeuge 75010 Paris within thirty days of delivery.
Article 9. Liability
SAS Gioia Factory, in the remote sales process, is bound only by an obligation of means. Its liability cannot be incurred under any circumstances for damage resulting from the use of the Internet network, such as data loss, intrusion, viruses, service interruptions, or other unintentional problems.
Article 10. Exchanges and refunds
If an item is received broken or defective following delivery, the customer should contact SAS Gioia Factory by email at support@solesino.fr within 48 hours of receiving their order. The customer must indicate the status of their order by attaching one or more digital photos to their complaint, as well as the references of their order and the item to be replaced.
SAS Gioia Factory will ship a replacement product to the customer at its own expense within the timeframes given above.
If the item is no longer available, the refund will be made by credit to the customer's bank card or by bank check within 24 hours of receiving the claim.
In the event of an exchange of items, the initial sale will be cancelled. Payment for the new order will be made by offsetting the amount of the previous sale, with the understanding that any overpayment will be subject to either a credit note, a refund, or a re-credit to the customer's bank card.
SAS Gioia Factory reserves the right to refuse an exchange beyond two (2) successive requests.
Article 11. Intellectual Property
All elements of the Solesino.fr website, as well as the "Solesino" brand, are and remain the intellectual and exclusive property of SAS Gioia Factory. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site, whether in the form of photographs, logos, illustrations, images, visuals or text.
Any total or partial reproduction, modification or use of the Solesino brand and elements of the website www.solesino.fr for any reason whatsoever and on any medium whatsoever, without the express prior consent of SAS Gioia Factory, is strictly prohibited. The same applies to all copyrights, designs and patents that are the property of SAS Gioia Factory.
Any user with a professional or personal website who wishes to include, for personal use, a simple link on their site directly to any page of the site www.solesino.fr must first request authorization from SAS Gioia Factory. Acceptance of this link by SAS Gioia Factory will in this case generate an implicit affiliation agreement. In all cases, any link, even tacitly authorized, must be removed at the simple request of SAS Gioia Factory.
Article 12. Personal data
SAS Gioia Factory is committed to maintaining the confidentiality of the information provided by the buyer, which he may be required to transmit for the use of certain services. Any information concerning him is subject to the provisions of Law No. 78-17 of January 6, 1978 and EU Regulation 2016/679 applicable since May 25, 2018. As such, the Internet user has the right to access, obtain, rectify, modify, oppose, erase and delete his personal data. He can make a request at any time by email to contact@solesino.fr or by paper mail to the following address: SAS Gioia Factory 91 rue de maubeuge 75010 Paris
Article 13. Dispute Resolution
These distance selling conditions are subject to French law. For any disputes or litigation, the competent court will be the Commercial Court.
Article 14. Force Majeure
The performance by SAS Gioia Factory of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure which hinders or delays its performance.
These include, but are not limited to, war, riots, insurrection, social unrest, strikes and embargoes of any kind and supply problems for SAS Gioia Factory.
SAS Gioia Factory will inform the customer of such a fortuitous event or force majeure within eight (8) days of its occurrence.