OBJECT
These general terms and conditions of sale apply to all relationships between the company MTIB, also operating under the trade name CLAY212, a limited liability company with a capital of 30,000.00 euros, whose registered office is located at 32 Bd de Sébastopol, 75004 Paris, registered in the Paris trade and companies register under RCS 953 649 498 (hereinafter referred to as "CLAY212"), and any natural or legal commercial person (hereinafter referred to as the "CLIENT"), wishing to purchase products presented on the merchant site https://www.clay212.com, owned by MTIB SARL (hereinafter referred to as the "Site").
These general terms and conditions of sale are intended to define the rights and obligations of the parties in the context of the online sale of products offered to the CLIENT on the Site.
Ordering a product on the Site implies acceptance without reservation by the CLIENT of these general terms and conditions of sale which have contractual value. By ordering a product on the Site, the CLIENT declares and acknowledges having read, understood, and accepted these general terms and conditions of sale.
CLAY212 reserves the right to modify the general terms and conditions of sale at any time. However, the general terms and conditions of sale applicable to the CLIENT will be those submitted to him on the date of his order.
COMMERCIAL NATURE
Sales on the Site are exclusively reserved for natural or legal commercial persons within the meaning of the provisions of Articles L.121-1 and following of the Commercial Code, established on French territory.
Non-commercial persons cannot purchase products on the Site.
PRODUCTS SOLD
The products are presented on the Site with the greatest accuracy.
The products offered for sale on the Site are those communicated by suppliers on the date of consultation of the Site by the CLIENT, within the limits of available stocks. Therefore, CLAY212 does not guarantee the availability of items presented on the Site.
Photographs and/or drawings illustrating the items offered for sale are for indicative purposes only.
ORDER
Order registration procedures:
The CLIENT has the possibility to place his order for products online on the Site.
To do so, the CLIENT must have previously identified himself on the Site by entering his CLIENT code and password, which are strictly personal to him.
Any user of the Site not holding a CLIENT code and password must follow a registration procedure to obtain them. This code and password are confidential and personal.
Any loss or theft must be reported to CLAY212 as soon as possible.
The CLIENT selects the products he wishes to purchase on the Site, and his order is summarized. The summary page contains two checkboxes, one titled "order confirmation" and the other titled "I have read and accept the general terms and conditions of sale." If the CLIENT wishes to confirm his order and has read the general terms and conditions of sale, he can click these two boxes. By clicking on these two boxes, the CLIENT checks them and thus irrevocably confirms his order. The said order is then firm and definitive. Subject to the full payment of the price and the provisions herein, the CLIENT and CLAY212 have formalized their mutual agreement on the price and the item.
Order processing procedures:
After recording the order as described above, the CLIENT is invited to pay for his order according to the procedures described below.
Beyond this, without this being an obligation, CLAY212 may send the CLIENT a summary of the acquisitions made by email.
In case of any particular difficulty related to the order, the product, the delivery, or an external event (input error, anomaly, inconsistency, technical difficulty, disputes, particular supply difficulty...), CLAY212 may cancel the order by informing the CLIENT and refunding him if necessary.
Order data is recorded and stored in the computer systems of the company CLAY212 and/or its host. These computer registers are considered proof of all contractual relationships between the parties on the Site. The archiving of order data is carried out on a reliable and durable medium that can be produced as evidence.
DELIVERY
When the CLIENT has completed his purchases, the cart displays the transport cost, which is added to the amount of the ordered items. The CLIENT's validation of his order constitutes acceptance of the transport conditions indicated in the general terms and conditions of sale.
Delivery times: Except in cases of force majeure, unforeseen circumstances, or strikes, CLAY212 delivers orders to the address provided by the CLIENT within ten days from the date of order registration, in mainland France only. Deliveries are made on business days. These times are indicative, and any delay cannot be held against CLAY212 nor give rise to contract termination or any compensation for the CLIENT.
Delivery costs: Delivery costs are calculated based on the weight of the products/parcel and the delivery department. The delivery price is automatically adjusted in your cart based on your purchases.
For all deliveries abroad, please contact us: mailto:business@clay212.com. A customized quote will be sent to you.
For any re-delivery or delivery in isolated areas (coastal islands, mountainous localities...) or in specific or toll areas, an additional charge will be paid directly to the carrier.
Deliveries are made from Monday to Friday from 8 am to 7 pm.
Delivery handling: Products are transported at the CLIENT's risk, who must check their good condition upon delivery. Any anomaly concerning the delivery (damaged parcels, missing items...) must be reported on the delivery receipt presented by the carrier. The CLIENT must also inform the carrier within 7 working days from the delivery date by sending a registered letter with acknowledgment of receipt detailing the said claims, which must be justified and accompanied by supporting documents. The CLIENT must send a copy of this letter to CLAY212 within the same 7-day period. After this period and failing to comply with these formalities, the items will be deemed compliant and free of any defects, and no claim can be validly made against CLAY212.
When the delivery of products is not possible due to the CLIENT (absence...), the CLIENT must contact the carrier using the notice of passage left at the delivery location to agree with the carrier on the terms and conditions for retrieving the goods. Any additional costs incurred for a new visit to the delivery location will be entirely borne by the CLIENT.
PRICES - RATES
Product prices are indicated in euros, excluding tax, and delivery costs. Ordered products are invoiced at the price in effect displayed on the Site on the day of the order. The price is payable in full and in a single payment. Products remain the property of CLAY212 until full payment of the price by CLAY212.
CLAY212 may change its rates, prices at any time, without notice, and without any other formality than posting the changes on the Site.
PAYMENT TERMS
The CLIENT's payment must be made by credit card. Unless expressly agreed between the parties, no other means of payment is accepted. In case of payment by credit card, payment is made exclusively on the secure site of CLAY212's partner bank, by CB, VISA, and all other cards approved by the CB card group and accepted by CLAY212's partner bank. If the payment is made using a VISA, EUROCARD MASTERCARD card, the CLIENT must enter his card number, expiration date, and visual cryptogram (the last three numbers on the back of the credit card). To ensure payment security, CLAY212 uses a secure payment service provided by its partner bank. The CLIENT's bank account is debited between the order registration and the departure of the delivery, for the amount in euros expressed on the day of the order. The order is subject to confirmation by the bank payment centers. In case of payment refusal, the order is automatically canceled. The CLIENT's bank details never transit through the Site. The payment data is recorded and stored in the computer systems of CLAY212's partner bank. These computer registers are considered proof of all transactions between the parties on the Site.
WARRANTY
All products offered by CLAY212 are subject to the legal warranty provided by the provisions of Article 1641 and following of the Civil Code.
LIABILITY
CLAY212 cannot be held liable for the non-conforming use of products to their intended purpose, or in cases where the non-fulfillment of its obligations is attributable to an unforeseeable and insurmountable event of a third party or force majeure. Similarly, CLAY212 cannot be held liable for any inconveniences or damages inherent to the use of the Internet network (service interruption, external intrusion, computer viruses...).
INTELLECTUAL PROPERTY
All visual and sound data (texts, comments, sounds, photographs, illustrations, images...) of the Site and all underlying programming and technology data of the Site are and remain the exclusive property of CLAY212. All exploitation rights are exclusively reserved. Any reproduction, download, transmission, or distribution is strictly prohibited. In this regard, and in accordance with the provisions of the Intellectual Property Code, only private use is authorized. Any insertion of a simple link directly referring to the Site's homepage is subject to the prior express authorization of CLAY212, which expressly prohibits the use against it of the framing technique (implementation of a web page from another site within its own site) or in-line linking (implementation of an element of a web page, image..., from another site within its own site). The trademarks, logos, designs, and models appearing on the Site are the exclusive property of CLAY212. Their disclosure cannot in any case be interpreted as granting any right of use.
PERSONAL DATA
By ordering on the Site, the CLIENT consents to the use by CLAY212 of personal data concerning him, which he has communicated, or which is collected through the functioning of the Site (cookies...). The collection of this data is necessary for taking into account the user's requests. The CLIENT may receive offers from CLAY212 and/or its Site.
Pursuant to the provisions of Article 32 of Law No. 2004-801 of August 6, 2004, amending Law No. 78-17 of January 6, 1978, CLIENTS have the right to access, modify and delete information concerning them, which can be exercised at any time by mail to CLAY212.
The automated processing of information has been declared to the CNIL under number 3432389 on July 25, 2023.
CLAY212 implements all means to ensure the confidentiality and security of transmitted data.
As part of our service quality monitoring and training, some calls may be recorded.
MINOR PROTECTION
It is recalled that the Site is strictly reserved for merchants and that, pursuant to the provisions of Article L. 121-2 of the Commercial Code, a minor, even emancipated, cannot be a merchant. Therefore, any order on the Site is strictly prohibited to minors.
SEVERABILITY
The invalidity, unenforceability, or, more generally, the lack of effect of any of the provisions herein shall not affect the rest of the provisions, and these general terms and conditions of sale shall be executed as if this provision had never existed.
DURATION
These general terms and conditions of sale apply throughout the duration of the services offered online by CLAY212.
APPLICABLE LAW - DISPUTE
These general terms and conditions of sale are subject to French law. The Site complies with French law. CLAY212 does not provide any guarantee of compliance with foreign legislation applicable to a CLIENT who accesses the Site from other countries than France. In case of a dispute, the competent court is the Commercial Court of Créteil.
CUSTOMER RELATIONS
For any information, question, or difficulty, the CLIENT can contact CLAY212:
by phone from France: +33 (0)1 84 80 82 70
by email: business@clay212.com
by mail: MTIB SARL, 32 BD SEBASTOPOL PARIS 75004 – France