Terms and conditions of sale

Terms and conditions of sale applicable to the www.sevenpm.fr website

Applicable from 01/09/2023

 1. Purpose

The internal website https://sevenpm.fr (hereinafter referred to as the "Site") is an e-commerce platform which enables Internet users (hereinafter referred to as the "Buyers") to purchase various tableware products offered for sale on the Site (hereinafter referred to as the "Products").

The Site has the particularity of marketing its Products by single sale (hereafter: the "Order").
The present general conditions of sale apply without restriction or reserve to all online sales offered on the Site by SAS SEVEN PM (hereafter: the "Company").
The purpose of the present general conditions is to define the terms and conditions of online sale and delivery of the Products, as well as to define the rights and obligations of the parties within this framework.
They are accessible and printable at any time via a direct link at the bottom of the Site page.
The applicable version of the general terms and conditions is the one available online on the Site at the date of the Buyer's Order under the conditions indicated in the "Modifications" article
. The present general terms and conditions of sale prevail over any other general or special terms and conditions not expressly approved by the Company.

2. Seller's identity and contact

The Site is operated by the company Seven PM, SAS, registered with the RCS of Marseille under the number B 949 287 585, whose registered office is located at 32 La Canebière 13001 Marseille, which offers the Products for sale.

The Company can be contacted at the following address, in particular for any complaint:

Postal address:

Seven PM
32 La Canebière
13001 Marseille

E-mail address: contact@sevenpm.fr

3. Legal capacity and acceptance of terms and conditions

Legal capacity

The Site is accessible to:

- Any natural person with full legal capacity to enter into commitments under these terms and conditions. A natural person who does not have full legal capacity may only access the Site with the agreement of his or her legal representative.

- To any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.

Acceptance of the general terms and conditions

A Buyer who does not agree to be bound by the present general terms and conditions must not place an Order on the Site.

4. Site registration

- Placing an Order does not require the Buyer to register on the Site.
- Registration on the Site is carried out by filling in the form provided for this purpose.

In all cases, the Buyer must provide all the information marked as compulsory. Any incomplete registration will not be validated.
Registration automatically leads to the opening of an account in the name of the Buyer (hereinafter: the "Account"), giving him/her access to a personal space (hereinafter: the "Personal Space") which enables him/her to manage his/her purchases in a form and according to the technical means that the Company deems most appropriate.

The Buyer guarantees that all the information he/she provides in the registration form is accurate, up to date and sincere, and is not misleading.
The Buyer undertakes to update this information in his/her Personal Space in the event of modifications (in particular: change of postal address), so that it always corresponds to the aforementioned criteria.

The Buyer is informed and accepts that the information entered for the purposes of creating or updating his/her Account is proof of his/her identity. The information entered by the Buyer is binding as soon as it has been validated.

The Buyer may access his or her Personal Space at any time by entering his or her login and password.The Buyer undertakes to use his or her Account personally and not to allow any third party to use it in his or her place or on his or her behalf, unless he or she assumes full responsibility for doing so, and is likewise responsible for maintaining the confidentiality of his or her login and password, any access to the Site using the latter being deemed to have been made by the Buyer. The Buyer must immediately contact the Company using the contact details mentioned in article 2 of these terms and conditions if he/she notices that his/her Account has been used without his/her knowledge. The Buyer acknowledges the Company's right to take all appropriate measures in such a case.

5. Product features

Prior to any online Order, and in particular in application of the provisions of article L111-1 of the French Consumer Code, the Buyer may take note, on the Site, of the characteristics of each Product he/she wishes to order.
The Products are offered for sale online within the limits of available stocks, or subject to the possibility of pre-ordering them where applicable.
The photographs and descriptions of the Products offered for sale online are as accurate as possible. They are only binding on the Company for what is precisely indicated. The Buyer is however informed and accepts that certain characteristics of the Products, and in particular their color, may not correspond exactly to the photographs presented on the Site, due to technical constraints.

6. Control

The Buyer may place an Order for one or more Products.

- Placing an Order

To place an Order, the Buyer must select the Product(s) of his/her choice and place them in his/her shopping basket.

The Buyer may access the summary of his/her shopping basket at any time before the Order has been definitively validated, and may correct any errors in the elements entered.

The Order is deemed to have been placed by the Company when the latter has access to it.

- Order confirmation

Once the Order has been paid for, the Buyer will receive an e-mail confirmation summarizing the elements of the Order and the expected delivery date.

The Buyer must ensure that the e-mail address entered is correct and that it enables him/her to receive the Order confirmation e-mail. Should the Buyer fail to receive such an e-mail, he/she should contact the Company at the address mentioned in article 2.

The Company recommends that the Buyer keep the information contained in the Order confirmation.
The Order confirmation is deemed to have been received by the Buyer when he/she has access to it.

- Order cancellation or suspension

The Company reserves the right to cancel any Order in the event that the Product is out of stock.

7. Prices and payment terms

- Prices

The sale prices of the Products and of the various formulas are displayed on the Site. Unless otherwise stated, they are indicated in euros, all taxes included (French VAT and other applicable taxes).
The Company reserves the right, at its own discretion and according to the terms and conditions of which it shall be the sole judge, to propose promotional offers or price reductions.

Prices do not include any delivery charges that may apply to the delivery of the Products, which are invoiced in addition to the price of the Products. The amount of any applicable delivery charges will be indicated before the Buyer validates the Order.

- Terms of payment

Concerning the Order
The full price of the Products is payable (in euros) at the time of the Order.

Payment is made online:

By credit card via the Stripe application, a payment service provider, which alone retains the Buyer's bank details for this purpose. The Company does not keep any bank details

By any other means that will be proposed on the Site at the time of the Order. The Buyer guarantees the Company that he/she has the necessary authorizations to use the chosen method of payment.

The Company reserves the right to suspend or cancel any Order or any delivery in the event of non-payment of any sum due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site.Penalties of an amount equal to 1.5 times (one and a half times) the French legal interest rate will be automatically applicable to unpaid amounts from the first presentation of formal notice by registered letter with acknowledgement of receipt.

- Invoicing

The Buyer can access the invoice corresponding to his order in the Order confirmation e-mail.


- Retention of title

The Company retains full and complete ownership of the Products sold until full payment has been received, including delivery charges.

8. Delivery

- Delivery territory

Purchasers are expressly informed that the Site only offers delivery of Products to Metropolitan France, Corsica and neighbouring countries.

- Delivery methods

Products ordered on the Site are delivered to the address indicated in the Buyer's Order as the "delivery address" (which may be different from the billing address), which may only be located in one of the countries referred to in article 8.1.

Subject to availability, the Buyer may choose between two delivery methods: delivery to a Point Relais and home delivery.
The Company reserves the right to modify the chosen delivery method at any time.

The Purchaser is informed, before the Order is validated, of the possible delivery methods and the times and costs corresponding to each of these methods.
The Purchaser must select the desired delivery method and provide all the information required for the effective delivery of the Product by this method.

- Prices

The price of delivery of the Order is indicated on the Site and reiterated in the Order confirmation email.

Delivery costs may be re-evaluated by the Company according to the rates applied by the carriers.

- Delivery times

Delivery is made within the time indicated in the Order confirmation e-mail.

In the case of orders for several items, the Company reserves the right to split shipments. In this case, delivery charges will be invoiced only once.

If delivery is not made within the above-mentioned period, the Buyer may cancel the Order by registered letter with acknowledgement of receipt, or in writing on another durable medium, if, after having requested the Company, by the same means, to make delivery within a reasonable additional period, it has not done so within this period.

The contract shall be deemed terminated upon receipt by the Company of the letter or writing informing it of such termination, unless delivery has taken place in the meantime.

In the event of termination of the contract in accordance with the above terms, the Purchaser will be reimbursed for all sums paid, including delivery costs, no later than 14 (fourteen) days following the date on which the contract was terminated.

The Company reserves the right in any event to approach the Purchaser in order to propose alternative solutions for reimbursement of the price of the Products and delivery costs. The Buyer must expressly and on a durable medium his/her acceptance of the choice of an alternative method of reimbursement.

9. Right of withdrawal

The Buyer has a period of 14 (fourteen) working days, from the date of receipt of the Products ordered, to retract without having to give any reason or pay any penalty, with the exception of the cost of return postage and handling amounting to €2.10 per item, which remains at the Buyer's expense and must be paid by the Buyer. If the Buyer's Order includes several Products delivered separately, the above-mentioned period shall run from receipt of the last Product.

The Buyer who wishes to exercise his right of withdrawal must send to the Company at the address mentioned in article 2 hereof, before the expiry of the above-mentioned period, the withdrawal form attached to these general terms and conditions, duly completed, or a statement clearly expressing his wish to withdraw and including his order number.

The Products must be returned to the Company in their original packaging, without undue delay and at the latest within 14 (fourteen) calendar days of the Buyer's communication of his/her wish to withdraw. They must be accompanied by a copy of the corresponding purchase invoice. The Buyer is deemed responsible for any deterioration of the Products when they are returned to the Company.

The Buyer will be reimbursed as soon as possible, and at the latest within 14 (fourteen) days from the date of effective receipt by the Company of the retraction request, for all sums paid for the Order, less any return costs, which remain the Buyer's responsibility. However, the Company reserves the right to defer this reimbursement until the Products have been recovered. The refund will be made using the same means of payment as that used for the initial transaction, unless the Buyer expressly agrees to a different means. In any event, this refund will not incur any costs for the Buyer.

10. Legal warranties

The Buyer benefits from the legal warranties of non-conformity and hidden defects of the item sold, including defects of conformity resulting from the packaging of Products ordered on the Site.

If the Buyer finds that the Product delivered to him has a defect, non-conformity or is damaged, he must inform the Company at the address mentioned in article 2 hereof, indicating the nature of the defect, non-conformity or damage found and sending any useful evidence, in particular in the form of photograph(s).

The Company will organize the return with the carrier of its choice, and will inform the Buyer of this by any useful means. The Company will bear the cost of the return.

Products must be returned to the Company in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.

Returns of Products that do not comply with the procedures described above will not be accepted.

The Company will carry out the necessary checks and will offer the Buyer a replacement Product if possible, if the defect, non-conformity or damage is proven. If it is impossible to replace the Product, the Company will refund the Buyer the full price paid for the Product and the corresponding delivery costs, by any appropriate means, as soon as possible and at the latest within 14 (fourteen) days of the date on which the Company informed the Buyer that it was impossible to replace the Product.

Consumers are reminded that, when acting under the legal warranty of conformity, they:

- have a period of two years from the date of delivery of the goods in which to take action;

- may choose between repair or replacement of the goods, subject to the cost conditions laid down in article L217-9 of the French Consumer Code;

- do not have to prove the existence of a lack of conformity in the goods during the twenty-four months following delivery.

It should also be noted that the legal warranty of conformity applies independently of any commercial warranty that may have been granted.

Any consumer may also decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, the consumer may choose between rescission of the sale or a reduction in the purchase price, in accordance with article 1644 of the French Civil Code.

11. Obligations of the Buyer

The Buyer is solely responsible for the use he makes of the Products. It is the Buyer's responsibility to verify the suitability of the Products for their specific needs prior to purchasing said Products;The Buyer must also take the necessary measures to save by their own means the information in their Personal Space that they deem necessary, no copy of which will be supplied to them.

12. Liability of the Company

- The Company undertakes to carry out regular checks to verify the operation and accessibility of the Site. In this respect, the Company reserves the right to temporarily interrupt access to the Site for maintenance purposes. Likewise, the Company shall not be held liable for any temporary difficulties or impossibilities in accessing the Site due to circumstances beyond its control, force majeure, or disruptions to telecommunications networks.

- The Company may not be held liable for non-performance or delay in performance of sales contracts due to circumstances beyond its control or to force majeure as defined in article 1218 of the French Civil Code, it being expressly stipulated that, in addition to those usually accepted by the jurisprudence of French courts, the following are considered to be cases of force majeure: exceptional weather conditions, natural disasters, fires and floods, lightning, terrorist attacks, disruption or blockage of telecommunication networks, means of transport or postal services, including as a result of strikes, damage caused by viruses which cannot be eradicated by the security measures available on the market, as well as any legal, regulatory or public order obligation imposed by the competent authorities which would have the effect of substantially modifying the present terms and conditions.

- The Company cannot be held responsible for non-performance or delay in delivery due to the inaccuracy or imprecision of the delivery address provided by the Buyer in accordance with the provisions of article 8.2. Thus, in the event of a new delivery, the costs relating to this delivery will be invoiced to the Buyer.

- In any event, the liability that the Company may incur hereunder is expressly limited to proven direct damage suffered by the Buyer.

13. Intellectual property

The systems, software, structures, infrastructures, databases and content of all kinds (text, images, visuals, music, logos, trademarks, databases, etc.) used by the Company within the Site are protected by all intellectual property rights or database producers' rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copying or, more generally, any act of reproduction, representation, distribution or use of any of these elements, in whole or in part, without the authorization of the Company, is strictly prohibited and may result in legal action.

14. Personal data

The Company's personal data protection policy is described in the document entitled "Personal Data Protection Charter", which the Buyer is expressly invited to read.

15. Advertising

The Company reserves the right to insert any advertising or promotional messages on any page of the Site and in any communication to Buyers, under conditions to be determined by the Company.

16. Links and third-party sites

The Company shall in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including any of its partners) which the Buyer may access via the Site.

The Company accepts no responsibility for the content, advertising, products and/or services available on such third-party websites and mobile applications, which are governed by their own terms of use.

Nor is the Company liable for any transactions between the Buyer and any advertiser, professional or merchant (including any of its partners) to whom the Buyer may be directed via the Site, nor shall it be a party to any disputes with such third parties concerning, in particular, the delivery of products and/or services, warranties, representations or any other obligations whatsoever to which such third parties are bound.

17. Prohibited behaviour

- The following are strictly prohibited (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusions or attempted intrusions into the Company's systems, (iii) any misappropriation of the Site's system resources, (iv) any actions likely to impose a disproportionate load on the latter's infrastructures, (v) any breaches of security and authentication measures, (vi) any action likely to prejudice the financial, commercial or moral rights and interests of the Company or of users of its Site, (vii) any practice diverting the Site to purposes other than those for which it was designed, and more generally (viii) any breach of these general terms and conditions or of the laws and regulations in force.

- It is also strictly forbidden to monetize, sell or grant all or part of access to the Site, or to the information it contains.

- In the event of a breach of any of the provisions of the present article or, more generally, of laws and regulations, the Company reserves the right to take all appropriate measures and to initiate legal action.

18. Duration, Unsubscription

If the Buyer has created an Account on the Site, he or she may unsubscribe from the Site at any time by clicking on the "Delete my account" section of his or her Personal Area.

19. Modifications

The Company reserves the right to modify these terms and conditions of sale at any time.

The Buyer will be informed of such modifications by any useful means at least 1 (one) month before they come into force.

For Orders, the applicable terms and conditions will be those in force on the date of the Buyer's Order.

20. Language

In the event of a translation of these terms and conditions into one or more languages, the language of interpretation will be French in the event of contradiction or dispute as to the meaning of a term or provision.

21. Mediation

The Buyer has the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of any dispute with the Company concerning the performance of the present contract, under the conditions set out in articles L611-1 et seq. and R152-1 et seq. of the French Consumer Code.

22. Applicable law and jurisdiction

These terms and conditions are governed by French law.

Appendix - Withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract).

For the attention of : Seven PM

Postal address:32 La Canebière13001 Marseille France

E-mail address: contact@sevenpm.fr

I hereby notify you of my withdrawal from the contract for the sale of the goods below:
Order number:
Ordered on (*) / received on (*)
Name of purchaser(s):
Address of purchaser(s):

Signature of purchaser(s): (only in the case of notification of this form on paper)
Date:

(*)Strike out what does not apply.