General Terms and Conditions of Sale - France

 

About us

The Internet site www.layole.com is operated by LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND. It aims to market the Laguiole knives manufactured by craftsmen from LA COUTELLERIE DE LAGUIOLE HONORE DURAND at Laguiole and to promote on the Internet the products manufactured by this company and its activities.

 

LA COUTELLERIE DE LAGUIOLE - one family, two companies:

 

~      LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND, a company dedicated to operating the online sales site www.layole.com;

 

~      LA COUTELLERIE DE LAGUIOLE HONORE DURAND, craft cutlery manufacturer of Laguiole knives located at Laguiole.

 

 

Operation of the Internet site:

Cutlery sales:

La Coutellerie de Laguiole Christophe Durand SAS

Head office:              

ZA la Poujade – Route d'Aubrac

12210 Laguiole – France

Tel.: 05.65.51.50.14             

E-mail: info@layole.com       

Siret: 791 856 818 00012

La Coutellerie de Laguiole Honoré Durand SARL

Head office:  

Shopping centre    

                                  

Works and main shop:             

ZA la Poujade – Route d'Aubrac

12210 Laguiole – France

Tel.: 05.65.51.50.14
E-mail : info@layole.com

Siret: 387 876 998 00015

 

 

           

General Terms and Conditions of Sale

This Internet site www.layole.com (Internet Site) is published by LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND, a limited company (simplified form) with a capital of 80,000 euros, registered at the Rodez Trade and Company Register under number 791 856 818, whose head office is located at ZA la Poujade, Route d'Aubrac, 12210 Laguiole, France; its intracommunity VAT number is FR17791856818.

 

1 - Purpose

 

The purpose of these General Terms and Conditions of Sales (General Conditions) is, firstly, to advise any potential consumers of the conditions and modalities under which LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND sells and delivers products ordered and, secondly, to set out the rights and obligations of parties under the sale of products via the Internet site.

The General Conditions apply to the relations between LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND and any non-trading natural person at least 18 years old with the legal ability to enter into a contract (Customer) and who wishes to make a purchase via the Internet site.

Prior to placing his order, the Customer states that:

• purchasing products via the Internet site has no direct connection with his professional activity and is restricted to a strictly personal use;

• has full legal ability to make a commitment under these General Conditions.

 

Consequently, any person ordering a product sold via the Internet site of the company fully accepts these General Conditions without restriction or reservation. The Customer acknowledges that he was aware of these General Conditions prior to placing his order.

LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND reserves the right to amend the General Conditions at any time. If amended, the General Conditions in force on the date the order is placed will apply.

The most recent update to the General Conditions is indicated at the bottom of this heading "General Terms and Conditions of Sale".

 

The texts, photos, logo and all the contents of the Internet site www.layole.com can be subject to change or amendment at any time without prior notice.

 

2 - Products

The products governed by these General Conditions are those presented on the Internet site (Products). They are offered while stocks last.

The basic Product features are described as accurately as possible.

The illustrations and photographs on the Site reproduce faithfully the Products and/or services offered.

Nevertheless, the Customer acknowledges and agrees that the knife handles in natural materials may not match precisely the photo of the product on the Site, as clearly only the finest pieces are chosen.

Similarly, the knife customisation options, like the engraving of the spring and the solid forged bee, may not match the product photo on the Site exactly, as they are manual designs and finishes.

In addition, LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND cannot be held liable for well-known errors or faults.

 

Some products may be customised online. In this case, LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND accepts no liability for the content or quality of textual or graphic components chosen and added to the products by the Customer.

The Customer is alone liable with respect to third parties for the textual or graphic content of his choice of customisations. The Customer states and guarantees that the textual or graphic content chosen by him to customise the Product he intends to order is free-to-use, consistent with public order and has no pornographic or incitement to racial hatred content.

3 - Prices

The prices indicated on the Internet site are expressed in euros and include VAT but not shipping costs. They take account of the VAT and any reductions applicable at the time of ordering.

The price calculation method for some Products with a wide range of materials or options is given as a guide only with the greatest possible accuracy.

Shipping costs (delivery, packaging and making up the parcel based on prevalent amounts) are stated before the order is confirmed.

LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND reserves the right to amend the prices of its Products at any time, on the understanding that an order confirmation taken as a sales contract commits the parties to the price and the item sold. No price may therefore be amended once the Customer's order has been confirmed.

The price indicated when the order is confirmed is the price including VAT and the delivery costs based on the delivery means chosen by the Customer.

The Customer may request expressly that the invoice be sent to the invoicing address rather than the delivery address by validating the option provided for this purpose when placing his order.

4 - Customer account

Before placing his first order, the Customer must create a personal account by filling in mandatory fields required to identify him.

The account must be created before placing any order by clicking on the link "My account/connection" at the top of the page on the site or when confirming the basket.

To create his account, the Customer must fill in his e-mail address and a password along with personal data (civility, first name, name, date of birth, e-mail address, delivery address, postcode, etc.).

The Customer undertakes to provide true and honest information and to advise LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND of any change to it. He can then move spontaneously to the heading My Account.

The Customer is solely responsible for the consequences of using his account and the data he has filled in.

The account gives the Customer access to the following headings and information:

  • order history and detail,
  • product returns,
  • credit notes,
  • addresses,
  • discount vouchers,
  • personal information.

 

5 - Contract

To place an order correctly, the Customer must identify himself with his e-mail address or customer number and his password.

Once his basket has been confirmed, the Customer chooses in succession the delivery address and method, then the payment method.

Before confirming his order, the Customer has read the General Conditions and agreed to them expressly by ticking the box provided for this purpose. The Customer can also check the detail of the offer and the information entered to correct potential errors before acceptance.

The Customer's confirmation of his order constitutes his agreement to the features of the sale, in terms of quantities, pricing and the nature of Products. The order may not be modified once confirmed.

The order confirmation commits the Customer and takes the obligation to pay.

LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND will e-mail the Customer an acknowledgement of order. If the Customer so requests expressly when placing his order, he may receive the order acknowledgement by one of the following means - post, telephone or fax.

This acknowledgement confirms that the order has been taken into account by LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND and not that the product ordered is available.

LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND undertakes to honour the orders received via the Internet Site only within the limit of available Product stocks.

The Customer is advised immediately when the Product ordered is unavailable. In this case, the order will be cancelled and no payment will be taken, or the payment will be reimbursed immediately if already taken.

Orders paid by bank transfer or cheque will only be processed with effect from the registration of total payment of the order to the account of LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND.

The Customer recognises and agrees that the delivery commitments only apply with effect from the actual receipt of payment by LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND.

The Products ordered remain the property of LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND until full payment of sums due.

The transfer of ownership and risks to the Customer takes place when the order is shipped. The Products travel at the Customer's risks and perils.

6 - Payment methods

The Customer can settle his order:

~                by bank or postal cheque, in euros only. The order and address to which the cheque must be sent are stated when selecting this payment method. Cheques issued in euros from countries other than France are accepted, but will be liable to transaction fees of €12 including VAT, payable by the Customer.

Where a different name and address is noted between the Customer and the cheque bearer, LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND reserves the right to ask the Customer to prove his identity and residence.

LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND reserves the right to request a bank draft from the Customer when the sums involved are more than 1,500 euros excluding VAT.

For bank transfers and postal orders, LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND pays no charges.

~                by bank transfer, in euros only. The relevant account details are stated when selecting this payment method.

~                by French or international bank card: Carte Bleue, e-carte bleue, Visa, Maestro, Mastercard or Visa Electron. The Customer must indicate his bank card references (card number, expiry date and the last three figures of the number on the back). The Customer acknowledges explicitly that he has user rights for the payment method selected.

Payments by bank card take place via the Cyberplus Paiement tool operated by Banque Populaire. This uses the e-commerce payment platform SYSTEMPAY, where all payment information is encrypted (SSL).

Click here for further information

~                via PAYPAL: when the Customer chooses to pay via PayPal, he is directed automatically to the PayPal site so that he can pay using his PayPal account. The order is registered when the payment is confirmed on the PayPal site.

The total amount of the order will be collected when the order is confirmed or upon receipt of a payment by cheque or bank transfer.

In all circumstances, LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND reserves the option of suspending or cancelling any order affected by non- or defaulting payment.

 

7 - Delivery

 

7.1 Deadlines and general information

 

LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND undertakes to hand the Products in stock on the date of order to the carrier chosen by the Customer at the latest 72 working hours after the Customer has confirmed the order.

 

The Laguiole Knives found on this Site are all craft-made.

Thus, given the large number of items and wide variety of materials and also the numerous customisation options, some Products may not be immediately available in stock or may require design or customisation work in the workshop that extends the delivery time.

 

Thus, for the Standard Laguiole range, LA COUTELLERIE DE LAGOUILE CHRISTOPHE DURAND undertakes to manufacture Products ordered within seven working days with effect from the date of order and to hand the Products ordered to the carrier at the latest 72 working hours after this deadline has expired.

 

For the Prestige Laguiole and Design Laguiole ranges, following discussions with the Customer on the specific features of the Product(s) ordered, LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND draws up a quotation that includes a production time.

By default, for the Prestige Laguiole and Design Laguiole ranges, LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND undertakes to honour the order and hand the Products ordered to the carrier within four weeks with effect from the date of order.

 

LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND will advise the Customer immediately should the Product ordered can be predicted to be unavailable due to a material being out of stock beyond the deadlines stated above. In this case, the order will be cancelled and no payment will be taken, or the payment will be reimbursed if already taken.


For overseas deliveries, the Customer undertakes to pay the customs duties and other taxes relating to the importation of Products in the country of the place of delivery.


In addition, the Customer acknowledges that he is fully aware of the Laws and Regulations of the country of the place of delivery governing the importation and possession of Laguiole knives (outside Metropolitan France).

 

7.2 Delivery methods

 

ü  Delivery within Metropolitan France and Monaco

 

Delivery is via the Colissimo Suivi or Chronopost service offered by the French postal service, as chosen by the customer when placing his order and to his stated address.

 

~      Features of the Colissimo Suivi postal service

The postal service is responsible for the delivery.

The Customer - or addressee of the Product ordered designated as such when the order is placed, especially if it is a gift - receives and signs for his parcel at the address indicated when placing the order. Notification is left in the letterbox of the parcel's addressee if noone is at home. It shows the contact details of the post office where the parcel can be collected. The addressee then has fifteen consecutive days in which to collect it. After this time, the parcel will be returned automatically to LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND.

 

The parcel addressee is required to check the condition of the parcel's packaging and the contents of the goods upon delivery.

Where there is any doubt whatsoever over the condition of the packaging or the contents of his parcel, the parcel addressee is required:

- If he refuses the parcel, to point out the damage to his packaging to the delivery man or counter staff.

- If he accepts the parcel despite the damage, to point out the damage to his packaging to the delivery man or counter staff or the damage to the contents of the parcel by lodging a claim with the customer services.

For further information:

http://www.colissimo.fr/particuliers/Aide/Questions_Reponses/Recevoir_un_colis/Colis_endommage/faq_recevoir_colis_endommage.jsp

 

- Under all circumstances, to point out these incidents within 48 hours of reception to LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND by e-mail to info@layole.com, stating his name, first name, address and e-mail address.

 

~      Features of a Chronopost delivery

The Customer - or addressee of the Product ordered designated as such when the order is placed, especially if it is a gift - receives his parcel at the address indicated when placing the order and signs an acknowledgement electronically in the presence of the Chronopost delivery man.

A Chronopost notification is left in the letterbox of the parcel's addressee if noone is at home, advising that the parcel is available for:

- 14 days at a Post Office or Chronopost branch

- one week at Pickup point. After this time, the parcel will be returned automatically to LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND.

 

CAUTION, Chronopost does not deliver our parcels on Saturdays.

 

The parcel addressee is required to check the condition of the parcel's packaging and the contents of the goods upon delivery in the presence of the delivery man.

Where there is any doubt whatsoever over the condition of the packaging or the contents of his parcel, the parcel addressee is required:

- If he rejects the parcel, to point out these incidents by e-mail to info@layole.com stating his name, first name, address and e-mail address;

- If he accepts the parcel, to point out by e-mail to info@layole.com stating his name, first name, address and e-mail address if he encounters any anomalies in his parcel (damaged parcels, broken products, etc.).

The parcel addressee must also state on the delivery note in the presence of the driver full and accurate reservations, dated and signed. They must be able to determine the nature of the damage, the type of goods damaged and the number of items involved. The Customer must then send a written, quantified claim to the Chronopost Customer Services, at the latest twenty-one (21) days following delivery to the following address: Chronopost - Private Individual Customer Services, 3 avenue Gallieni - CS 70103 - 94254 GENTILLY CEDEX or fax to 0825 801 802.

For further information:

http://www.chronopost.fr/transport-express/livraison-colis/pid/719

 

~      Deadlines

Delivery times are only guaranteed for Chronopost despatches.

Delivery on time can only take place if the Customer is up-to-date with his obligations towards LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND regardless of the reason.

 

Average delivery times are as follows:

- Colissimo Suivi = 48 hours within Metropolitan France and Monaco (understood as working days)

- Chronopost = 24 to 48 hours

Anything over this time cannot give rise to damages, deduction or cancellation of the order by the Customer.

 

The Customer should advise LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND by any means of a late delivery so that the service can be improved and so that LA COUTERLLERIE DE LAGUIOLE CHRISTOPHE DURAND can launch an enquiry with the carrier. An enquiry can last up to 21 working days. The located parcel will be sent to the delivery location entered on the order form. However, if the product is not found following the 21 working days, LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND will ship the products ordered by the Customer again at its expense.

 

ü  Delivery overseas departments and territories and abroad, taxes and customs duties

 

LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND ships orders outside France. In this case, the shipping methods, times and taxes vary according to the country of destination and are covered by specific provisions.

 

Click here for further information

 

8 - Right of retraction

 

8.1 Scope of right of retraction

All the Products featured on the Internet site can be retracted, except for Products made to the Customer's specifications, mainly the Collection Laguiole and the Products customised by engraving, in accordance with the provisions of Article L121-21-8 of the Consumer Code.

The Customer acknowledges and agrees that he has no right of retraction for the Products made to the Customer's specifications, mainly the Collection Laguiole and the Products customised by engraving.

 

8.2 Implementing the right of retraction

 

The Customer has fourteen days with effect from the date when the Customer or a third party, other than his designated carrier, takes physical possession of the Product to exercise his right of retraction for eligible Products, without having to explain his decision.

 

To achieve this, the Customer must advise LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND within the stated deadline, by sending his decision to retract via an unambiguous statement by post to LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND, ZA la Poujade - Route d'Aubrac - 12210 Laguiole – France or by e-mail toinfo@layole.com. The Customer can also use the retraction form that can be downloaded and printed here or by e-mail to info@layole.com or via the contact form.


The Customer should send the Products ordered, at his own expense exclusively, packed in shockproof material and wedged to avoid any unexpected movement, in a suitably-sized parcel, to LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND, ZA la Poujade - Route d'Aubrac - 12210 Laguiole – France, without excessive delay and at the latest within fourteen days after sending in the retraction form. The Products returned must be intact, complete and undamaged.


The Customer acknowledges and agrees that the final cost of returning the Products is payable by him and that he may be held liable for any depreciation of Products resulting from handling other than that required to establish the nature, characteristics and correct operation of these Products. The Customer returns the Products at his own cost and risk. LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND recommends returning the Products by Colissimo Suivi or Chronopost.

 

LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND will reimburse the Products upon their receipt or upon receipt of proof of despatch of these Products sent by the Customer by post to the following address: LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND, ZA la Poujade - Route d'Aubrac - 12210 Laguiole – France.

The Products returned will be reimbursed via the same payment method as used by the Customer when placing his order, subject to compliance with the conditions mentioned above. The standard delivery costs will also be reimbursed when the entire order is returned (except for any additional costs resulting from the Customer choosing a delivery method other than the cheapest standard delivery offered by the Site).

Where reimbursement via the same payment means fails or proves impossible, reimbursement will be made by cheque posted to the invoicing address.

 

9 - Warranties and after-sales service

 

9.1 Warranties

 

LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND guarantees that every care has been taken to ensure that the Product is consistent with the description showing on the Site on the date of order.

Nevertheless, the Customer acknowledges and agrees that the knife handles in natural materials may not match precisely the photo of the product on the Site, as clearly only the finest pieces are chosen.

Similarly, the customisation options, like the engraving of the spring and the solid forged bee, may not match the product photo on the Site exactly, as they are manual designs.

 

All the Products on sale on the Internet site are covered by the legal conformity warranty and the warranty against hidden defects. Any defective or non-compliant Product may be returned.

 

The Laguiole Knives sold on the Site (except for other Products and accessories) also covered by an unlimited time warranty provided by LA COUTELLERIE DE LAGUIOLE HONORE DURAND, under the conditions set out below.

The Laguiole Knives sold on the Site are issued with a warranty certificate.

The warranty applies to the Laguiole Knives damaged only when used in normal conditions of use. They may be replaced free of charge or repaired depending on circumstances.

This warranty covers the replacement and warranty of parts and labour or the replacement of the Product (if impossible to repair or, if the repair would prove to be too costly, replacement by the same or a similar model).

 

To implement this warranty, the Customer must follow the after-sales service procedure as set out in Article 9.2.

 

The warranty does not cover the Customer's costs for shipping the knife nor its return costs after repair or replacement. The Customer alone supports the carriage-related risks of the Product for both its despatch and acceptance.

The warranty is invalid in the event of poor maintenance or incorrect use or for any modification or conversion of the Product by a third party.

 

 Separately from this warranty, LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND remains liable for the lack of conformity of the goods in relation to the contract under the conditions of Article L.211-4 et seq. of the Consumer Code and the hidden defects of the item sold, under the conditions provided for in Articles 1641 et seq. of the Civil Code.


For advice on maintenance, the Customer should refer to:

- the Warranty Certificate issued systematically with every knife,

- the maintenance advice on the page "Maintaining your knife".

Small reminder: a Knife is used for CUTTING: water is often forbidden on the handle, similarly horn should not be wetted.

9.2 After-sales service

Before any Product is returned, the Customer must e-mail info@layole.com, telephone or use the contact form to request a returns number.

The Customer must return the damaged Knife in a suitably-sized parcel; pack it in shockproof material and wedge it in the parcel to avoid any unexpected movement.

The Customer must attach a document to his shipment stating his return address, returns number, the problem with the Knife and a photocopy of the Warranty Certificate for his Product.

It is advisable to take out carriage insurance.

The Customer must return the damaged Knife to LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND, ZA la Poujade - Route d'Aubrac - 12210 Laguiole - France, who will send the Product on to LA COUTELLERIE DE LAGUIOLE HONORE DURAND for diagnosis.

LA COUTELLERIE DE LAGUIOLE HONORE DURAND will then advise the Customer whether the returned Product is covered by the warranty and whether it can be repaired or has to be replaced.

 

9.3 - LEGAL CONFORMITY WARRANTY

 

When the legal conformity warranty is involved, the consumer:

 

- has two years from delivery of the goods to act;

- can choose between repairing or replacing the goods, subject to cost conditions provided for under L.211-9 of the Consumer Code;

- is exempt from proving the existence of lack of conformity of the goods during the six months following delivery of the goods. This time will be increased to twenty-four months with effect from 18 March 2016.

 

The legal conformity warranty applies independently from any commercial warranty that may be granted.

The consumer can decide to implement the warranty against hidden defects of the thing sold in the meaning of Article 1641 of the Civil Code and, under this hypothesis, he can choose between resolving the sale or reducing the selling price in accordance with Article 1644 of the Civil Code.

 

10 - Liabilities

 

The Products offered on the Site comply with French legislation in force.

LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND may not be held liable for failure to comply with the legislation of the country to which the Products are delivered. It is up to the Customer to check with the local authorities about the possibilities for importing and using Products he intends to order.

 

LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND cannot be held liable where failure to meet its obligations can be attributed to an unexpected and insurmountable act by a third party to the contract or a case of force majeure as defined by French case law.

Similarly, LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND may not be held liable for any drawbacks or damage inherent to using the Internet network, mainly interrupted service, outside interference or the presence of computer viruses. In this respect, the Customer must make his own arrangements for setting up computer and telecommunication means giving access to the Site, at his full expense.

 

11 - Intellectual property

All the components of this Internet Site, be they textual, visual or audible, including the underlying architecture, are protected by the provisions of the Intellectual Property Code. The brands, logos, drawings and models figuring on the Internet Site are owned exclusively by LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND or LA COUTELLERIE DE LAGUIOLE HONORE DURAND.

It is forbidden to reproduce, even partially, the Site and texts, images and photographs on it. The contents of the Site, totally or partially, cannot be reproduced, downloaded or handled in any other way without prior consent, except for copying for private, non-commercial use.

Any hyperlink sending the user to the home page of the Internet Site or certain pages, texts, videos or images of the Site must be requested without fail in advance from LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND.

The deep-linking technique is prohibited, i.e. the pages of the Site must not be embedded inside pages on another Internet site.

12 - Personal data and cookies

LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND protects the private life of individuals and the confidentiality of personal data and undertakes to protect them in the best possible way.

Click here for further information.

13 - Applicable law and competence

The General Conditions are subject to French law. Failing amicable settlement, disputes will fall exclusively under the competence of French courts under all circumstances and regardless of the number of parties to the dispute.

The fact that LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND elects not to claim a breach of any one of the Customer's obligations governed by these General Conditions should not be interpreted as waiving the obligation in question in the future nor the right of the Customer to claim this breach later on.

14 - Completeness

Where one or more stipulations of these general terms and conditions of sale are held to be invalid or are declared non-existent or unwritten in application of a law or regulation or following a definitive decision by a competent jurisdiction, the other stipulations will maintain all their scope and force.

 

General Terms and Conditions of Sale - France

 

About us

The Internet site www.layole.com is operated by LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND. It aims to market the Laguiole knives manufactured by craftsmen from LA COUTELLERIE DE LAGUIOLE HONORE DURAND at Laguiole and to promote on the Internet the products manufactured by this company and its activities.

 

LA COUTELLERIE DE LAGUIOLE - one family, two companies:

 

~      LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND, a company dedicated to operating the online sales site www.layole.com;

 

~      LA COUTELLERIE DE LAGUIOLE HONORE DURAND, craft cutlery manufacturer of Laguiole knives located at Laguiole.

 

 

Operation of the Internet site:

Cutlery sales:

La Coutellerie de Laguiole Christophe Durand SAS

Head office:              

ZA la Poujade – Route d'Aubrac

12210 Laguiole – France

Tel.: 05.65.51.50.14             

E-mail: info@layole.com       

Siret: 791 856 818 00012

La Coutellerie de Laguiole Honoré Durand SARL

Head office:  

Shopping centre    

                                  

Works and main shop:             

ZA la Poujade – Route d'Aubrac

12210 Laguiole – France

Tel.: 05.65.51.50.14
E-mail : info@layole.com

Siret: 387 876 998 00015

 

 

           

General Terms and Conditions of Sale

This Internet site www.layole.com (Internet Site) is published by LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND, a limited company (simplified form) with a capital of 80,000 euros, registered at the Rodez Trade and Company Register under number 791 856 818, whose head office is located at ZA la Poujade, Route d'Aubrac, 12210 Laguiole, France; its intracommunity VAT number is FR17791856818.

 

1 - Purpose

 

The purpose of these General Terms and Conditions of Sales (General Conditions) is, firstly, to advise any potential consumers of the conditions and modalities under which LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND sells and delivers products ordered and, secondly, to set out the rights and obligations of parties under the sale of products via the Internet site.

The General Conditions apply to the relations between LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND and any non-trading natural person at least 18 years old with the legal ability to enter into a contract (Customer) and who wishes to make a purchase via the Internet site.

Prior to placing his order, the Customer states that:

• purchasing products via the Internet site has no direct connection with his professional activity and is restricted to a strictly personal use;

• has full legal ability to make a commitment under these General Conditions.

 

Consequently, any person ordering a product sold via the Internet site of the company fully accepts these General Conditions without restriction or reservation. The Customer acknowledges that he was aware of these General Conditions prior to placing his order.

LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND reserves the right to amend the General Conditions at any time. If amended, the General Conditions in force on the date the order is placed will apply.

The most recent update to the General Conditions is indicated at the bottom of this heading "General Terms and Conditions of Sale".

 

The texts, photos, logo and all the contents of the Internet site www.layole.com can be subject to change or amendment at any time without prior notice.

 

2 - Products

The products governed by these General Conditions are those presented on the Internet site (Products). They are offered while stocks last.

The basic Product features are described as accurately as possible.

The illustrations and photographs on the Site reproduce faithfully the Products and/or services offered.

Nevertheless, the Customer acknowledges and agrees that the knife handles in natural materials may not match precisely the photo of the product on the Site, as clearly only the finest pieces are chosen.

Similarly, the knife customisation options, like the engraving of the spring and the solid forged bee, may not match the product photo on the Site exactly, as they are manual designs and finishes.

In addition, LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND cannot be held liable for well-known errors or faults.

 

Some products may be customised online. In this case, LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND accepts no liability for the content or quality of textual or graphic components chosen and added to the products by the Customer.

The Customer is alone liable with respect to third parties for the textual or graphic content of his choice of customisations. The Customer states and guarantees that the textual or graphic content chosen by him to customise the Product he intends to order is free-to-use, consistent with public order and has no pornographic or incitement to racial hatred content.

3 - Prices

The prices indicated on the Internet site are expressed in euros and include VAT but not shipping costs. They take account of the VAT and any reductions applicable at the time of ordering.

The price calculation method for some Products with a wide range of materials or options is given as a guide only with the greatest possible accuracy.

Shipping costs (delivery, packaging and making up the parcel based on prevalent amounts) are stated before the order is confirmed.

LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND reserves the right to amend the prices of its Products at any time, on the understanding that an order confirmation taken as a sales contract commits the parties to the price and the item sold. No price may therefore be amended once the Customer's order has been confirmed.

The price indicated when the order is confirmed is the price including VAT and the delivery costs based on the delivery means chosen by the Customer.

The Customer may request expressly that the invoice be sent to the invoicing address rather than the delivery address by validating the option provided for this purpose when placing his order.

4 - Customer account

Before placing his first order, the Customer must create a personal account by filling in mandatory fields required to identify him.

The account must be created before placing any order by clicking on the link "My account/connection" at the top of the page on the site or when confirming the basket.

To create his account, the Customer must fill in his e-mail address and a password along with personal data (civility, first name, name, date of birth, e-mail address, delivery address, postcode, etc.).

The Customer undertakes to provide true and honest information and to advise LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND of any change to it. He can then move spontaneously to the heading My Account.

The Customer is solely responsible for the consequences of using his account and the data he has filled in.

The account gives the Customer access to the following headings and information:

  • order history and detail,
  • product returns,
  • credit notes,
  • addresses,
  • discount vouchers,
  • personal information.

 

5 - Contract

To place an order correctly, the Customer must identify himself with his e-mail address or customer number and his password.

Once his basket has been confirmed, the Customer chooses in succession the delivery address and method, then the payment method.

Before confirming his order, the Customer has read the General Conditions and agreed to them expressly by ticking the box provided for this purpose. The Customer can also check the detail of the offer and the information entered to correct potential errors before acceptance.

The Customer's confirmation of his order constitutes his agreement to the features of the sale, in terms of quantities, pricing and the nature of Products. The order may not be modified once confirmed.

The order confirmation commits the Customer and takes the obligation to pay.

LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND will e-mail the Customer an acknowledgement of order. If the Customer so requests expressly when placing his order, he may receive the order acknowledgement by one of the following means - post, telephone or fax.

This acknowledgement confirms that the order has been taken into account by LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND and not that the product ordered is available.

LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND undertakes to honour the orders received via the Internet Site only within the limit of available Product stocks.

The Customer is advised immediately when the Product ordered is unavailable. In this case, the order will be cancelled and no payment will be taken, or the payment will be reimbursed immediately if already taken.

Orders paid by bank transfer or cheque will only be processed with effect from the registration of total payment of the order to the account of LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND.

The Customer recognises and agrees that the delivery commitments only apply with effect from the actual receipt of payment by LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND.

The Products ordered remain the property of LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND until full payment of sums due.

The transfer of ownership and risks to the Customer takes place when the order is shipped. The Products travel at the Customer's risks and perils.

6 - Payment methods

The Customer can settle his order:

~                by bank or postal cheque, in euros only. The order and address to which the cheque must be sent are stated when selecting this payment method. Cheques issued in euros from countries other than France are accepted, but will be liable to transaction fees of €12 including VAT, payable by the Customer.

Where a different name and address is noted between the Customer and the cheque bearer, LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND reserves the right to ask the Customer to prove his identity and residence.

LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND reserves the right to request a bank draft from the Customer when the sums involved are more than 1,500 euros excluding VAT.

For bank transfers and postal orders, LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND pays no charges.

~                by bank transfer, in euros only. The relevant account details are stated when selecting this payment method.

~                by French or international bank card: Carte Bleue, e-carte bleue, Visa, Maestro, Mastercard or Visa Electron. The Customer must indicate his bank card references (card number, expiry date and the last three figures of the number on the back). The Customer acknowledges explicitly that he has user rights for the payment method selected.

Payments by bank card take place via the Cyberplus Paiement tool operated by Banque Populaire. This uses the e-commerce payment platform SYSTEMPAY, where all payment information is encrypted (SSL).

Click here for further information

~                via PAYPAL: when the Customer chooses to pay via PayPal, he is directed automatically to the PayPal site so that he can pay using his PayPal account. The order is registered when the payment is confirmed on the PayPal site.

The total amount of the order will be collected when the order is confirmed or upon receipt of a payment by cheque or bank transfer.

In all circumstances, LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND reserves the option of suspending or cancelling any order affected by non- or defaulting payment.

 

7 - Delivery

 

7.1 Deadlines and general information

 

LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND undertakes to hand the Products in stock on the date of order to the carrier chosen by the Customer at the latest 72 working hours after the Customer has confirmed the order.

 

The Laguiole Knives found on this Site are all craft-made.

Thus, given the large number of items and wide variety of materials and also the numerous customisation options, some Products may not be immediately available in stock or may require design or customisation work in the workshop that extends the delivery time.

 

Thus, for the Standard Laguiole range, LA COUTELLERIE DE LAGOUILE CHRISTOPHE DURAND undertakes to manufacture Products ordered within seven working days with effect from the date of order and to hand the Products ordered to the carrier at the latest 72 working hours after this deadline has expired.

 

For the Prestige Laguiole and Design Laguiole ranges, following discussions with the Customer on the specific features of the Product(s) ordered, LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND draws up a quotation that includes a production time.

By default, for the Prestige Laguiole and Design Laguiole ranges, LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND undertakes to honour the order and hand the Products ordered to the carrier within four weeks with effect from the date of order.

 

LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND will advise the Customer immediately should the Product ordered can be predicted to be unavailable due to a material being out of stock beyond the deadlines stated above. In this case, the order will be cancelled and no payment will be taken, or the payment will be reimbursed if already taken.


For overseas deliveries, the Customer undertakes to pay the customs duties and other taxes relating to the importation of Products in the country of the place of delivery.


In addition, the Customer acknowledges that he is fully aware of the Laws and Regulations of the country of the place of delivery governing the importation and possession of Laguiole knives (outside Metropolitan France).

 

7.2 Delivery methods

 

ü  Delivery within Metropolitan France and Monaco

 

Delivery is via the Colissimo Suivi or Chronopost service offered by the French postal service, as chosen by the customer when placing his order and to his stated address.

 

~      Features of the Colissimo Suivi postal service

The postal service is responsible for the delivery.

The Customer - or addressee of the Product ordered designated as such when the order is placed, especially if it is a gift - receives and signs for his parcel at the address indicated when placing the order. Notification is left in the letterbox of the parcel's addressee if noone is at home. It shows the contact details of the post office where the parcel can be collected. The addressee then has fifteen consecutive days in which to collect it. After this time, the parcel will be returned automatically to LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND.

 

The parcel addressee is required to check the condition of the parcel's packaging and the contents of the goods upon delivery.

Where there is any doubt whatsoever over the condition of the packaging or the contents of his parcel, the parcel addressee is required:

- If he refuses the parcel, to point out the damage to his packaging to the delivery man or counter staff.

- If he accepts the parcel despite the damage, to point out the damage to his packaging to the delivery man or counter staff or the damage to the contents of the parcel by lodging a claim with the customer services.

For further information:

http://www.colissimo.fr/particuliers/Aide/Questions_Reponses/Recevoir_un_colis/Colis_endommage/faq_recevoir_colis_endommage.jsp

 

- Under all circumstances, to point out these incidents within 48 hours of reception to LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND by e-mail to info@layole.com, stating his name, first name, address and e-mail address.

 

~      Features of a Chronopost delivery

The Customer - or addressee of the Product ordered designated as such when the order is placed, especially if it is a gift - receives his parcel at the address indicated when placing the order and signs an acknowledgement electronically in the presence of the Chronopost delivery man.

A Chronopost notification is left in the letterbox of the parcel's addressee if noone is at home, advising that the parcel is available for:

- 14 days at a Post Office or Chronopost branch

- one week at Pickup point. After this time, the parcel will be returned automatically to LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND.

 

CAUTION, Chronopost does not deliver our parcels on Saturdays.

 

The parcel addressee is required to check the condition of the parcel's packaging and the contents of the goods upon delivery in the presence of the delivery man.

Where there is any doubt whatsoever over the condition of the packaging or the contents of his parcel, the parcel addressee is required:

- If he rejects the parcel, to point out these incidents by e-mail to info@layole.com stating his name, first name, address and e-mail address;

- If he accepts the parcel, to point out by e-mail to info@layole.com stating his name, first name, address and e-mail address if he encounters any anomalies in his parcel (damaged parcels, broken products, etc.).

The parcel addressee must also state on the delivery note in the presence of the driver full and accurate reservations, dated and signed. They must be able to determine the nature of the damage, the type of goods damaged and the number of items involved. The Customer must then send a written, quantified claim to the Chronopost Customer Services, at the latest twenty-one (21) days following delivery to the following address: Chronopost - Private Individual Customer Services, 3 avenue Gallieni - CS 70103 - 94254 GENTILLY CEDEX or fax to 0825 801 802.

For further information:

http://www.chronopost.fr/transport-express/livraison-colis/pid/719

 

~      Deadlines

Delivery times are only guaranteed for Chronopost despatches.

Delivery on time can only take place if the Customer is up-to-date with his obligations towards LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND regardless of the reason.

 

Average delivery times are as follows:

- Colissimo Suivi = 48 hours within Metropolitan France and Monaco (understood as working days)

- Chronopost = 24 to 48 hours

Anything over this time cannot give rise to damages, deduction or cancellation of the order by the Customer.

 

The Customer should advise LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND by any means of a late delivery so that the service can be improved and so that LA COUTERLLERIE DE LAGUIOLE CHRISTOPHE DURAND can launch an enquiry with the carrier. An enquiry can last up to 21 working days. The located parcel will be sent to the delivery location entered on the order form. However, if the product is not found following the 21 working days, LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND will ship the products ordered by the Customer again at its expense.

 

ü  Delivery overseas departments and territories and abroad, taxes and customs duties

 

LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND ships orders outside France. In this case, the shipping methods, times and taxes vary according to the country of destination and are covered by specific provisions.

 

Click here for further information

 

8 - Right of retraction

 

8.1 Scope of right of retraction

All the Products featured on the Internet site can be retracted, except for Products made to the Customer's specifications, mainly the Collection Laguiole and the Products customised by engraving, in accordance with the provisions of Article L121-21-8 of the Consumer Code.

The Customer acknowledges and agrees that he has no right of retraction for the Products made to the Customer's specifications, mainly the Collection Laguiole and the Products customised by engraving.

 

8.2 Implementing the right of retraction

 

The Customer has fourteen days with effect from the date when the Customer or a third party, other than his designated carrier, takes physical possession of the Product to exercise his right of retraction for eligible Products, without having to explain his decision.

 

To achieve this, the Customer must advise LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND within the stated deadline, by sending his decision to retract via an unambiguous statement by post to LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND, ZA la Poujade - Route d'Aubrac - 12210 Laguiole – France or by e-mail toinfo@layole.com. The Customer can also use the retraction form that can be downloaded and printed here or by e-mail to info@layole.com or via the contact form.


The Customer should send the Products ordered, at his own expense exclusively, packed in shockproof material and wedged to avoid any unexpected movement, in a suitably-sized parcel, to LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND, ZA la Poujade - Route d'Aubrac - 12210 Laguiole – France, without excessive delay and at the latest within fourteen days after sending in the retraction form. The Products returned must be intact, complete and undamaged.


The Customer acknowledges and agrees that the final cost of returning the Products is payable by him and that he may be held liable for any depreciation of Products resulting from handling other than that required to establish the nature, characteristics and correct operation of these Products. The Customer returns the Products at his own cost and risk. LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND recommends returning the Products by Colissimo Suivi or Chronopost.

 

LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND will reimburse the Products upon their receipt or upon receipt of proof of despatch of these Products sent by the Customer by post to the following address: LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND, ZA la Poujade - Route d'Aubrac - 12210 Laguiole – France.

The Products returned will be reimbursed via the same payment method as used by the Customer when placing his order, subject to compliance with the conditions mentioned above. The standard delivery costs will also be reimbursed when the entire order is returned (except for any additional costs resulting from the Customer choosing a delivery method other than the cheapest standard delivery offered by the Site).

Where reimbursement via the same payment means fails or proves impossible, reimbursement will be made by cheque posted to the invoicing address.

 

9 - Warranties and after-sales service

 

9.1 Warranties

 

LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND guarantees that every care has been taken to ensure that the Product is consistent with the description showing on the Site on the date of order.

Nevertheless, the Customer acknowledges and agrees that the knife handles in natural materials may not match precisely the photo of the product on the Site, as clearly only the finest pieces are chosen.

Similarly, the customisation options, like the engraving of the spring and the solid forged bee, may not match the product photo on the Site exactly, as they are manual designs.

 

All the Products on sale on the Internet site are covered by the legal conformity warranty and the warranty against hidden defects. Any defective or non-compliant Product may be returned.

 

The Laguiole Knives sold on the Site (except for other Products and accessories) also covered by an unlimited time warranty provided by LA COUTELLERIE DE LAGUIOLE HONORE DURAND, under the conditions set out below.

The Laguiole Knives sold on the Site are issued with a warranty certificate.

The warranty applies to the Laguiole Knives damaged only when used in normal conditions of use. They may be replaced free of charge or repaired depending on circumstances.

This warranty covers the replacement and warranty of parts and labour or the replacement of the Product (if impossible to repair or, if the repair would prove to be too costly, replacement by the same or a similar model).

 

To implement this warranty, the Customer must follow the after-sales service procedure as set out in Article 9.2.

 

The warranty does not cover the Customer's costs for shipping the knife nor its return costs after repair or replacement. The Customer alone supports the carriage-related risks of the Product for both its despatch and acceptance.

The warranty is invalid in the event of poor maintenance or incorrect use or for any modification or conversion of the Product by a third party.

 

Separately from this warranty, LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND remains liable for the legal guarantee of compliance resulting from Articles L.211-4 to L.211-13 of the Consumer Code and the guarantee relating to the defects of the item sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.


For advice on maintenance, the Customer should refer to:

- the Warranty Certificate issued systematically with every knife,

- the maintenance advice on the page "Maintaining your knife".

Small reminder: a Knife is used for CUTTING: water is often forbidden on the handle, similarly horn should not be wetted.

9.2 After-sales service

Before any Product is returned, the Customer must e-mail info@layole.com, telephone or use the contact form to request a returns number.

The Customer must return the damaged Knife in a suitably-sized parcel; pack it in shockproof material and wedge it in the parcel to avoid any unexpected movement.

The Customer must attach a document to his shipment stating his return address, returns number, the problem with the Knife and a photocopy of the Warranty Certificate for his Product.

It is advisable to take out carriage insurance.

The Customer must return the damaged Knife to LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND, ZA la Poujade - Route d'Aubrac - 12210 Laguiole - France, who will send the Product on to LA COUTELLERIE DE LAGUIOLE HONORE DURAND for diagnosis.

LA COUTELLERIE DE LAGUIOLE HONORE DURAND will then advise the Customer whether the returned Product is covered by the warranty and whether it can be repaired or has to be replaced.

 

10 - Liabilities

 

The Products offered on the Site comply with French legislation in force.

LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND may not be held liable for failure to comply with the legislation of the country to which the Products are delivered. It is up to the Customer to check with the local authorities about the possibilities for importing and using Products he intends to order.

 

LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND cannot be held liable where failure to meet its obligations can be attributed to an unexpected and insurmountable act by a third party to the contract or a case of force majeure as defined by French case law.

Similarly, LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND may not be held liable for any drawbacks or damage inherent to using the Internet network, mainly interrupted service, outside interference or the presence of computer viruses. In this respect, the Customer must make his own arrangements for setting up computer and telecommunication means giving access to the Site, at his full expense.

 

11 - Intellectual property

All the components of this Internet Site, be they textual, visual or audible, including the underlying architecture, are protected by the provisions of the Intellectual Property Code. The brands, logos, drawings and models figuring on the Internet Site are owned exclusively by LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND or LA COUTELLERIE DE LAGUIOLE HONORE DURAND.

It is forbidden to reproduce, even partially, the Site and texts, images and photographs on it. The contents of the Site, totally or partially, cannot be reproduced, downloaded or handled in any other way without prior consent, except for copying for private, non-commercial use.

Any hyperlink sending the user to the home page of the Internet Site or certain pages, texts, videos or images of the Site must be requested without fail in advance from LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND.

The deep-linking technique is prohibited, i.e. the pages of the Site must not be embedded inside pages on another Internet site.

12 - Personal data and cookies

LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND protects the private life of individuals and the confidentiality of personal data and undertakes to protect them in the best possible way.

Click here for further information.

13 - Applicable law and competence

The General Conditions are subject to French law. Failing amicable settlement, disputes will fall exclusively under the competence of French courts under all circumstances and regardless of the number of parties to the dispute.

The fact that LA COUTELLERIE DE LAGUIOLE CHRISTOPHE DURAND elects not to claim a breach of any one of the Customer's obligations governed by these General Conditions should not be interpreted as waiving the obligation in question in the future nor the right of the Customer to claim this breach later on.

14 - Completeness

Where one or more stipulations of these general terms and conditions of sale are held to be invalid or are declared non-existent or unwritten in application of a law or regulation or following a definitive decision by a competent jurisdiction, the other stipulations will maintain all their scope and force.

 

  • Mastercard Payment Methods
  • Carriers
  • Coutellerie de Laguiole Honoré Durand
    ZA La Poujade - Route d'Aubrac
    12210 Laguiole
    France

Badge Trustpilot