General Terms and Conditions
Consequently, the consumer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented in the framework of the website shop. The consumer has the option to save or edit these general conditions, it being specified that both saving and editing of this document is his sole responsibility. The consumer, prior to his order, declares that the acquisition of these products is not directly related to his professional activity, their acquisition being reserved for personal use on his part. As a consumer, the customer therefore has specific rights, which would be called into question in the event that the products or services acquired within the framework of the website would actually have a connection with his professional activity.
In order to be able to purchase a Product such as cutlery or weapon, the Consumer must be at least 18 years of age and have legal capacity.
The present terms and conditions of sale are concluded on the one hand by the company “La Boutique de Filitosa” CESARI DANIEL, whose address is Centre Préhistorique de Filitosa, and on the other hand by the company “La Boutique de Filitosa” CESARI DANIEL, whose address is Centre Préhistorique de Filitosa.
20140 Sollacaro, registered in the Ajaccio Trade and Companies Register under the number 330 967 282, hereinafter referred to as “the seller” and, on the other hand, by any individual or legal entity wishing to make a purchase via the website https://www.filitosa.fr/boutique/, hereinafter referred to as “the buyer”.
Article 1: Completeness
The present general conditions express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept without reservation the entirety of the provisions set out in these terms and conditions. No general or specific condition appearing in the documents sent or handed over by the consumer can be integrated into the present, since these documents would be incompatible with these general conditions.
Article 2 : Purpose
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by “La Boutique de Filitosa” to the consumer.
Article 3 : Contractual documents
The present contract is formed by the following contractual documents, presented in descending order of importance: the present general terms and conditions; the order form. In the event of contradiction between the provisions contained in the documents of different rank, the provisions of the document of higher rank will prevail.
Article 4: Entry into force – duration
The present general terms and conditions come into force on the date of digital signature of the order form. The present general conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the extinction of the guarantees due by the manufacturer.
Article 5 : Electronic signature
The “click” of the consumer under the purchase order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 6 : Order confirmation
Contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the consumer on the order form.
Article 7 : Proof of the transaction
The computerized registers, kept in the computer systems of the site, in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable support that can be produced as proof.
Article 8 : Product information
8-a: “The Filitosa’s E-shop”, presents on its website the products for sale with the necessary characteristics to comply with Article L 111-1 of the Consumer Code, which provides for the possibility for the potential consumer to know, before taking a definitive order, the essential characteristics of the products he or she wishes to purchase.
8-b: The offers presented by “The Filitosa’s E-shop” are only valid while stocks last.
8-c : The photographs in the catalogue are as faithful as possible but cannot ensure a perfect similarity with the product offered.
Article 9: Prices
The prices are indicated in euros and are valid only on the date of sending the order form by the consumer. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order (unless otherwise indicated). The prices of our products are indicated in euros all taxes included eco-participation included except participation in the costs of processing and shipping. The prices take into account the VAT applicable on the day of the order and any change in the applicable rate will automatically be reflected in the price of the products in the online shop. The payment of the totality of the price must be carried out at the time of the order. At no time can the sums paid be considered as a deposit or advance payment.
Article 10 : Method of payment
To pay for his order, the consumer has, at his choice, all the payment methods listed in the order form. The consumer guarantees “La Boutique de Filitosa” that he has the authorisations that may be necessary to use the method of payment chosen by him when validating the order form. “The Filitosa Store reserves the right to suspend all order processing and delivery in the event of refusal of authorisation for payment by credit card by officially accredited bodies or in the event of non-payment. “The Filitosa Store reserves the right to refuse to make a delivery or to honour an order from a consumer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered. “La Boutique de Filitosa” has put in place an order verification procedure to ensure that no one uses another person’s bank details without their knowledge. As part of this verification, and depending on the items purchased, the customer may be asked to send a copy of an identity document and proof of address by fax – or e-mail – to the structure managing “La Boutique de Filitosa”. The order will only be validated once we have received and checked the documents sent.
Article 11 : Availability of products
The order will normally be executed within 24 hours if the order is placed before 15:00 on a working day. The shipment is then made within 48 hours. However, some custom orders may have an additional manufacturing delay.
Delivery times are from 3 to 5 working days in the case of delivery by Colissimo and the next day in the case of delivery by Chronopost (orders placed from Monday to Thursday before 3 p.m.).
In case of unavailability, the consumer will be informed within 24 hours by email, he will then have the choice to ask either for a refund of the sums paid within 3 days, or to wait for the deadline that will be announced by email.
The order must be executed within 15 days at the latest from the validation of the order. Beyond this period, the consumer will then have the choice to request either a refund of the sums paid within 3 days, or the exchange of the product.
Article 12 : Terms of delivery
The products are delivered to the address indicated by the consumer on the order form and only in metropolitan France, Belgium and Switzerland. The consumer is required to check the condition of the packaging of the goods on delivery and to report any damage to the carrier on the delivery note, as well as to “La Boutique de Filitosa” within one week. The consumer can, at his request, have an invoice sent to the billing address and not to the delivery address by validating the option provided for this purpose on the order form. Deliveries are made by the POST OFFICE. However, it is possible, as with any shipment, that there may be a delay in delivery or that the product may go astray. In the event of a delay in delivery compared to the date we have indicated to you in the dispatch email, we ask you to inform us of this delay by calling us by telephone or by sending us an email. We will then contact the Post Office to start an investigation. A Postal investigation can last up to 21 days from the date of the beginning of the investigation. If during this period, the product is found, it will be re-routed immediately to your home (in most cases). If on the other hand the product is not found at the end of the 21 days of investigation, the Post Office considers the package as lost. It is only then that we can send you a replacement product, at our expense. If the product(s) ordered were no longer available at that time, we would reimburse you the amount of the products concerned by the loss of the carrier. If the product(s) were still available, but had changed the selling price on the site, we would apply the new selling prices, either by reimbursing you by cheque for the difference, or by requesting an additional cheque for the difference in price. We decline any responsibility for the extension of delivery times due to the carrier, especially in case of loss of products or strike.
In certain cases or on request, it will also be possible for the consumer to collect his or her product(s) from the prehistoric centre of Filitosa and therefore pay no shipping costs. In this case, the consumer will have a period of 15 days in which to collect the product(s) from the site. If the consumer does not come within this period, the order will simply be cancelled. The Filitosa shop will notify the consumer by e-mail.
Article 13 : Delivery problems caused by the carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged package, broken products…) must be imperatively indicated on the delivery order in the form of “handwritten reserves”, accompanied by the customer’s signature. At the same time, the consumer must confirm this anomaly by sending the carrier within two (2) working days following the date of delivery a registered letter with acknowledgement of receipt setting out the said claims. The consumer will have to transmit a copy of this mail by simple mail to : The Filitosa E-Shop CESARI DANIEL centre préhistorique de Filitosa 20140 Sollacaro.
Article 14 : Errors of delivery
14-a: The consumer must formulate the following to “La Boutique de Filitosa” CESARI DANIEL Centre Préhistorique de Filitosa 20140 Sollacaro, on the day of delivery or at the latest on the first working day following delivery, any claim of delivery error and/or non-conformity of the products in kind or in quality with respect to the indications on the order form. Any claim made after this deadline will be rejected.
14-b: The formulation of this complaint to the company “La Boutique de Filitosa” may be made in priority by telephone on 04 82 53 23 12 (price of a local call) from Monday to Friday from 10.00 am to 6.00 pm, or by logging on to our site in the “contact” section, clearly specifying the order reference.
14-c: Any complaint not made in accordance with the rules defined above and within the time limits specified above will not be taken into account and will release “La Boutique de Filitosa” from any liability towards the consumer.
14-d: On receipt of the complaint, the company “La Boutique de Filitosa” will allocate an exchange number for the product(s) concerned and will communicate this by e-mail, fax or telephone to the consumer. The exchange of a product can only take place after the consumer has been allocated an exchange number in accordance with the procedure set out above.
14-e: In the event of an error in delivery or exchange, any product to be exchanged or refunded must be returned to DECLYC in its entirety and in its original packaging, by Registered Colissimo, to the following address: “La Boutique de Filitosa” CESARI DANIEL Centre Préhistorique de Filitosa 20140 Sollacaro. In order to be accepted, all returns must be notified in advance to the Customer Service Department of “La Boutique de Filitosa”. Shipping costs are borne by “La Boutique de Filitosa”, except in the event that the product returned does not correspond to the declaration of origin made by the consumer on the return form.
Article 15 : Product Warranty
In accordance with Article 4 of Decree No. 78-464 of March 24, 1978, the provisions hereof may not deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all consequences of latent defects of the thing sold. The consumer is expressly informed that “La Boutique de Filitosa” is not the producer of the products presented on the web site, within the meaning of law n°98-389 of 19 May 1998 and relating to liability for defective products. Consequently, in the event of damage caused to a person or property by a product defect, only the producer of the product may be held liable by the consumer, on the basis of the information on the packaging of the said product. The conditions and duration of the producer’s guarantee are indicated on the product sheets.
The products resulting from artisanal and artistic creations, not having for destination a practical use (that it is the jewels, the weapons or other prehistoric objects) do not profit from any guarantee as for their use or wear.
In case of problem contact us by mail or 00 33 495 74 00 91 (price of a local call) and in case of return of product, we will send you the return address, the return costs are charged to the customer. We will then agree on a refund or replacement according to the stocks present.
The products must be returned in the state in which you received them with all the elements (accessories, packaging, instructions …).
You also benefit from the legal guarantee of hidden defects in accordance with the legal provisions specified below.
The provisions of this article do not prevent you from benefiting from the right of withdrawal provided for in Article 16.
Article L211-4 Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation, if the latter has been charged to him by the contract or has been carried out under his responsibility.
Note: Ordinance 2005-136 2005-02-17 art. 5: The provisions of this Ordinance shall apply to contracts concluded after its entry into force.
Article L211-5 Consumer Code
In order to be in conformity with the contract, the property must :
1° – Be fit for the use usually expected of a similar good and, where appropriate:
– correspond to the description given by the seller and possess the qualities which the seller has presented to the buyer in the form of a sample or model
– have the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, in particular in advertising or labelling
2° – Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.
Note: Order 2005-136 2005-02-17 art. 5: The provisions of this Order shall apply to contracts concluded after its entry into force.
Article L211-12 Consumer Code
Any action resulting from lack of conformity shall be time-barred after two years from the date of delivery of the goods.
Note: Ordinance 2005-136 2005-02-17 art. 5: The provisions of this Ordinance shall apply to contracts concluded after its entry into force.
Article 1641 Civil Code
The seller is bound by the warranty on account of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1648, paragraph 1, Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
Article 16 : Right of withdrawal
In accordance with the legal provisions in force, you have a period of 7 working days from receipt of your products to exercise your right of withdrawal from “La Boutique de Filitosa” without having to justify your reasons or pay any penalty. If you exercise your right of retraction within the above-mentioned period, only the price of the product(s) purchased will be refunded, with shipping and return costs remaining at your expense.
Returns are to be made in their original condition and complete (packaging, accessories, instructions …) allowing their remarketing in new condition, and accompanied by a copy of the purchase invoice for optimal management.
Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged. In the event of exercising the right of withdrawal, the consumer has the choice of requesting either a refund of the sums paid or an exchange of the product (if stock is available). In the case of an exchange, the reshipment will be at the expense of the consumer. In the event of exercise of the right of withdrawal, “La Boutique de Filitosa” undertakes to reimburse the consumer by cheque or re-credit to his or her bank card within 15 days of receipt of the product.
The return address is :
« La Boutique de Filitosa » CESARI DANIEL Centre Préhistorique de Filitosa 20140 Sollacaro
Article 17 : Force majeure
Neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as a fortuitous event or force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances will notify the other within ten working days of the date on which it becomes aware of them. The two parties will then, within one month, unless impossible due to force majeure, meet to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, the present general terms and conditions may be terminated by the injured party. In an express way, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
Article 18: Partial non validation
If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.
Article 19 : Non renonciation
The fact for one of the parties not to take advantage of a breach by the other party to any of the obligations referred to in these terms and conditions can not be interpreted for the future as a waiver of the obligation in question.
Article 20 : Title
In the event of difficulty of interpretation between any of the headings appearing at the head of the clauses and any of the clauses, the headings will be declared non-existent.
Article 21 : Applicable law
The present general conditions are subject to French law. This is the case for the rules of substance as well as for the rules of form. In the event of a dispute or complaint, the consumer should first contact “La Boutique de Filitosa” CESARI DANIEL Centre Préhistorique de Filitosa 20140 Sollacaro to obtain an amicable solution. In the second stage and in the event of recourse, the consumer may file a complaint.
Article 22 : Data Processing and Liberties
The information requested from the consumer is necessary to process the order and may be communicated to the contractual partners of “La Boutique de Filitosa” involved in the execution of this order. The consumer may write to “La Boutique de Filitosa” CESARI DANIEL Centre Préhistorique de Filitosa 20140 Sollacaro, whose contact details are included in the confidentiality charter on the website, to oppose such communication, or to exercise their right to access, rectify or delete information concerning them that is contained in the files on the site under the conditions provided for by the law of 6 January 1978.