1. General Information
These General Terms and Conditions of Sale (GTC) describe the rights and obligations of Clay Me Up (trade name), operated by Géraldine Ley, a self-employed entrepreneur registered under SIRET number 944 106 749 00012, whose professional address is 7 rue Traversière, 81500 Lavaur, and whose email address is contact@clay-me-up.com, and of any individual wishing to purchase products via the website https://clay-me-up.com.
Any order implies the Client’s full and unreserved acceptance of these GTC. Should any clause of these General Terms and Conditions of Sale be deemed void or cancelled, the other clauses shall remain valid.
2 – Quote, Order
Any order, including those placed by phone or email, must be confirmed in writing. Orders can be placed by returning an accepted quote or by sending a document specifying: the nature of the service, quantity, agreed price, payment terms, place of service delivery, and billing location for a service; the quantity, brand, type, references, agreed price, payment terms, and the place and date of delivery or collection for goods.
To be considered valid, any addition or modification to an order is binding on Clay Me Up only if accepted in writing. If, during a previous order, the client failed to meet one of their obligations (notably late payment or non-payment), a refusal of sale may be invoked, unless satisfactory guarantees are provided or payment is made upon order.
3 – Prices
Prices are those in effect on the day the order is placed. They are expressed in euros, including all taxes (VAT included). They take into account the VAT applicable on the day of the order. Clay Me Up reserves the right to modify its prices at any time. However, products or services will be invoiced based on the rates in effect when the order is registered.
4 – Payment Terms
The price is payable in full by the Client on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the https://clay-me-up.com/ website. Payments made by the Client will only be considered final after effective receipt of the amounts due by the Seller. The Seller will not be obliged to deliver the Products ordered by the Client if the Client does not pay the full price under the conditions indicated above.
Ownership of the Products will be transferred from the Seller to the Client only after full payment of the price by the latter, regardless of the delivery date of said Products.
5 – Payment Deadlines
Unless otherwise specified in the quote or contract, payment is due upon receipt of the invoice. In all cases, payment deadlines comply with the law:
- The agreed period between professionals for settling due amounts cannot exceed 45 days end of month or 60 days from the invoice issue date;
- In the case of periodic invoices, the payment period cannot exceed 45 days from the invoice issue date.
6 – Late Payment
In the event of total or partial late payment on the agreed date, and five days after sending an unanswered formal notice, the Client shall pay Clay Me Up a fixed compensation of 12% of the amounts due, in addition to legal interest and any legal costs.
In accordance with Article D.441-5 of the Commercial Code, a fixed compensation of 40 euros will be due for recovery costs in the event of late payment by a professional.
7 – Termination Clause
If, within fifteen days following the formal notice, the Client has not paid the amounts due, the sale will be automatically terminated and may result in the payment of damages to Clay Me Up.
8 – Retention of Title Clause and Transfer of Risks
Delivered goods remain the property of Clay Me Up until full payment by the Client. In case of non-payment, even partial, Clay Me Up may reclaim the goods.
The transfer of risks occurs upon delivery, including in cases of retention of title. The Client is responsible for damages caused to or suffered by the goods from the moment of their delivery.
9 – Delivery
Delivery is carried out according to the terms agreed upon during the order. It can be done by:
- direct handover to the Client,
- pickup at a designated collection point,
- or by delivery to the address indicated by the Client.
Deliveries are made within a maximum of 20 days to the address indicated by the Client when placing their order on the website (excluding custom orders or pre-orders). Delivery times are indicative. A reasonable delay will not lead to order cancellation or compensation. The risk of transport is entirely borne by the Client. In the event of missing or damaged goods during transport, the buyer must make all necessary reservations on the delivery note upon receipt of said goods. These reservations must also be confirmed in writing within five days following delivery, by registered mail with acknowledgment of receipt.
If the ordered Products have not been delivered within 1 month after the indicative delivery date, for any reason other than force majeure or the Client’s fault, the sale may be cancelled at the Client’s written request under the conditions provided for in Articles L 216-2, L 216-3, and L241-4 of the Consumer Code. The sums paid by the Client will then be refunded to them no later than fourteen days following the date of contract termination, excluding any compensation or retention.
In the event of a specific request from the Client concerning the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, based on a quote previously accepted in writing by the Client.
The Client is required to check the condition of the delivered products. They have a period of fourteen (14) days. This is the maximum period from delivery to submit complaints by email to contact@clay-me-up.com, accompanied by all relevant supporting documents (including photos). After this period and in the absence of compliance with these formalities, the Products will be deemed compliant and free from any apparent defect, and no claim will be validly accepted by the Seller.
The Seller will refund or replace, as soon as possible and at their own expense, the delivered Products whose non-conformities or apparent or hidden defects have been duly proven by the Client, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided in these GTC. The Seller’s contact details are as follows:
Géraldine LEY
7 rue Traversière, 81500 LAVAUR
Email: contact@clay-me-up.com
10 – Force Majeure
Géraldine LEY’s liability cannot be invoked if the non-performance or delay in the performance of an obligation results from a case of force majeure (e.g., strikes, natural disasters, pandemics, conflicts, supply disruptions, power outages…).
11 – Consumer Mediation
In accordance with Articles L.612-1 et seq. of the Consumer Code, in the event of a dispute, the Client may free of charge use the consumer mediation service to which Géraldine LEY belongs, namely:
CM2C – Centre de la Médiation de la Consommation de Conciliateurs de Justice
Address: 49 Rue de Ponthieu, 75008 Paris
Website: https://www.cm2c.net
Email: cm2c@cm2c.net
Online form: https://www.cm2c.net/declarer-un-litige.php
12 – Jurisdiction Clause
Any dispute relating to the interpretation, execution, or validity of these GTC is subject to French law.
In the event of failure of this mandatory preliminary step before seizing the jurisdiction and in the absence of an amicable agreement, any dispute between merchants is subject to the exclusive jurisdiction of the Commercial Court of CASTRES.
13 – Custom Orders
Custom orders are made at the Client’s request according to their specifications. They are neither exchangeable nor refundable, in accordance with Article L221-28 of the Consumer Code.
In case of breakage during manufacturing, Clay Me Up undertakes to reproduce the piece as faithfully as possible, within the limits of technical constraints related to artisanal ceramics.
The production time can be up to 2 months from the order confirmation. Custom pieces are sent via Mondial Relay, Colissimo, or La Poste, with a tracking number communicated to the Client.
14 – Right of Withdrawal
In accordance with current legislation, the Client has a period of 14 days from receipt of their order to exercise their right of withdrawal, without having to provide reasons or pay penalties.
This right does not apply to personalized goods or those made to order.
Products must be returned in perfect condition, in their original packaging, accompanied by the invoice. Return shipping costs are borne by the Client. The refund will be issued within 14 days after receipt of the returned products.
15 – Personal Data
The Client is informed that the collection of their personal data is necessary for the sale of Products and for transmission to third parties for product delivery purposes. This personal data is collected solely for the execution of the sales contract.
15.1 Data Collection
The personal data collected on the https://clay-me-up.com/ website are as follows:
Product Order:
When the Client orders Products:
Last names, first names, postal address, phone number, and email address. Payment
As part of the payment for Products offered on the https://clay-me-up.com/ website, it records financial data related to the Client/user’s bank account or credit card.
15.2 Data Recipients
Personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the effectiveness of the sale and delivery of products.
The category(ies) of co-contractor(s) is (are):
● Transport providers
● Payment service providers
15.3 Data Controller
The data controller is the Seller, within the meaning of the French Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data.
15.4 Processing Limitation
Unless the Client expresses their explicit consent, their personal data is not used for advertising or marketing purposes.
15.5 Data Retention Period
The Seller will retain the data thus collected for a period of 5 years, covering the statute of limitations for applicable contractual civil liability.
15.6 Security and Confidentiality
The Seller implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Seller cannot guarantee the security of information transmission or storage on the Internet.
15.7 Implementation of Client and User Rights
In application of the regulations applicable to personal data, Clients and users of the https://clay-me-up.com/ website have the following rights:
● They can update or delete their data as follows: by sending a request via email to contact@clay-me-up.com
● They can delete their account by writing to contact@clay-me-up.com
● They can exercise their right of access to know their personal data by writing to contact@clay-me-up.com
● If the personal data held by the Seller is inaccurate, they can request the update of the information by writing to contact@clay-me-up.com
● They can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to contact@clay-me-up.com
● They can also request the portability of data held by the Seller to another provider
● Finally, they can object to the processing of their data by the Seller
These rights, provided they do not conflict with the purpose of the processing, can be exercised by sending a request by mail or email to the Data Controller whose contact details are indicated above.
The data controller must provide a response within a maximum period of one month.
In case of refusal to grant the Client’s request, the refusal must be justified.
The Client is informed that in case of refusal, they can lodge a complaint with the CNIL.
The Client may be asked to check a box indicating their consent to receive informational and promotional emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
16 – Intellectual Property
The content of the https://clay-me-up.com website, including texts, visuals, photos, illustrations, models, creations, and logos, is protected by intellectual property law.
Any reproduction, representation, or exploitation, even partial, is prohibited without prior written authorization from Géraldine Ley.
18 – International Orders
For any order delivered outside mainland France, customs duties or taxes may be applied by the destination country. These costs are borne by the Client. Clay Me Up is required to declare the real value of the goods and include an invoice in the package. For more information on possible fees, we recommend contacting your local customs office.
19 – Order Consolidation
For ecological reasons, if multiple orders are placed by the same Client for the same address on the same day, they will be grouped into a single package without shipping costs being refunded. If the Client wishes for separate packages, they must explicitly state this when ordering.
Appendix – Right of Withdrawal Form
(Form to be copied and returned only if the Client wishes to withdraw from the contract)
To: Clay Me Up – Géraldine Ley, 7 rue Traversière, 81500 Lavaur
Email: contact@clay-me-up.com
I hereby notify you of my withdrawal from the contract for the sale of the following goods:
- Ordered on: ………………………… / Received on: …………………………
- Client Name: …………………………………………
- Client Address: ………………………………………
- Client Signature (in case of paper notification)
- Date: …………………………………………
