General Terms & Conditions of Sale
Last updates : 22th June 2020
Article 1 – LEGAL NOTICES
The purpose of these Terms and Conditions is to define the terms and conditions of use of the services and products provided via the following website www.thomasnumismatics.com (hereinafter the “Website”), by the limited liability company MAISON THOMAS (hereinafter, the “Operator”), as well as to define the rights and obligations of the various parties within this framework.
These Terms and Conditions apply to all sales of coins, medals, tokens, collectible banknotes, books, catalogues, supplies, or any other items, purchased via the Website. The distance selling service is operated by MAISON THOMAS, a limited liability company, with a capital 55 000,00 euros €, registered with the RCS de Grenoble under the number 880 170 824, and whose registered office is located at 13 chemin de la Dhuy, 38 240, Meylan, France.
MAISON THOMAS can be contacted:
- at the following address: MAISON THOMAS – 13 chemin de la Dhuy – 38240 Meylan – France
- via the contact form available on this website on the “contact us” page
- or by email at firstname.lastname@example.org
MAISON THOMAS is eligible for VAT on margin, Art.297 A of the French Tax Regulations “Special Regime – Collectibles and Antiques”.
Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL TERMS AND CONDITIONS
The general terms and conditions of sale (“General Terms & Conditions of Sale”, or “GTC”) apply exclusively to the online sale of products sold by the Operator via the Website.
The GTC are available on the Website, where they can be viewed by the customer and provided on request by any means.
The GTC are enforceable against a customer who acknowledges, by ticking the box or clicking the button made available for this purpose, that they have read and accepted the GTC before placing their order. The customer’s confirmation of order should be considered acceptance of the GTC in force on the day of the order, the storage of reproduction of which are ensured by the Operator.
Article 3 – DESCRIPTION OF THE PRODUCTS
The Website is an online sales site for collectors’ items such as coins, medals, tokens, collector’s banknotes, books, catalogues, supplies, or other collectors’ items (hereinafter the “Product(s)”, open to any natural person or legal entity using the Website (the “Customer”).
Each Product featuring on the Website is accompanied by a description (written by the supplier or available on the manufacturer’s website via a link on the Website), including the main characteristics. Where applicable, photographs illustrating the products do not constitute a contractual document. Instructions for use, where applicable, are included on the Website or sent at the latest on delivery of the Product. The products comply with the prescriptions of French law in force.
The Customer is responsible for the terms and conditions and consequences of their access to the Website, particularly via the Internet. Access to the Internet may require the payment of fees to a technical service provider, such as an Internet service provider, which remain at the expense of the Customer.
The Customer must also provide, and is fully responsible for, the equipment required to connect to the Website.
The Customer acknowledges that they have verified that their computer set-up is secure and in working order.
Article 4 – CREATION OF AN ACCOUNT
The Customer must create a personal account in order to place an order on the Website. To access it once created, the Customer must identify themselves using a login ID and secret password. It is the Customer’s responsibility to not communicate their login ID and/or password, in accordance with the provisions of the PERSONAL DATA article in these General Terms and Conditions. Each Customer undertakes to maintain data strictly confidential, particularly the login ID and password providing access to their account, and the Customer acknowledges being solely responsible for access to the Service via their login ID and password, except in the event of proven fraud. Each Customer further undertakes to inform the Operator without delay in the event of loss, misappropriation, or fraudulent use of their login and/or password.
Following the creation of a personal customer account, the Customer will receive an email confirming the creation of the account.
The Customer undertakes during the registration process to:
- provide real, accurate, up-to-date information at the time of filling out the service registration form, and to not use false names or addresses, or names and addresses without authorisation to do so.
- keep their registration data up to date in order to ensure that the information is real, accurate and up-to-date at all times.
The Customer further undertakes not to make available or distribute any unlawful or objectionable information (such as defamatory or identity theft information) or harmful information (such as viruses). Otherwise, the Operator may suspend or terminate the Customer’s access to the Website at its sole discretion.
Article 5 – ORDERS
The Operator endeavours to guarantee optimal availability of its Products. The Products and their prices are available within the limit of available stock.
If despite the best efforts of the Operator, a Product is unavailable after the Customer has placed an order, the Operator shall promptly inform the Customer by email and the Customer will have a choice between:
- the delivery of a Product of equal quality and price as the one initially ordered, or
- a refund of the price paid for the ordered Product, within thirty (30) days at the latest of payment of the sums already paid.
It is agreed that, with the exception of the reimbursement of the price of the unavailable product if requested by the Customer, the Operator is not bound to provide any compensation for the cancelled order, unless personally responsible for the non-performance of the contract.
Unless otherwise stated in these General Terms and Conditions, and without prejudice to the right of withdrawal provided for by the applicable law, any order placed by the Customer is firm and final.
At the time of placing an order, the Customer must select the chosen Products and add them to their basket, specifying the desired quantities. The Customer may check the details of their order and the total price and return to the previous pages to correct the contents of the basket, if necessary, before confirming.
The Customer undertakes to read the General Terms and Conditions of Sale in force before accepting and confirming the terms and conditions, and any delivery and withdrawal costs, prior to the payment of their order. Confirmation of the order implies acceptance of the GTC and constitutes the contract.
Contractual information relating to the order (including the order number) will be confirmed by e-mail in good time and at the latest upon delivery. The Operator strongly encourages the Customer to print and/or archive this order confirmation on a reliable and durable media, as proof. A digital invoice is made available to the Customer in “my account”.
Any email relating to a Customer order will be sent to the email address used by the Customer to log into their customer account.
The Operator reserves the right not to confirm an order for any legitimate reason, particularly in the event that:
- The Customer does not respect the General Terms and Conditions in force at the time of their order,
- The Customer’s order history shows that amounts are still due to be paid from previous orders,
- One of the Customer’s previous orders is the subject of an ongoing dispute,
- The Customer fails to reply to an order confirmation request sent by the Operator.
The Operator shall archive the Product sales contracts in accordance with applicable law. The Customer may request the Operator provide a copy of the said contract at the following email address: email@example.com
Any change to the Customer’s order after the confirmation of their order is subject to the Operator contract.
The Customer is responsible for any information provided when placing an order (in particular name and delivery address). The Operator is thus in no way liable in the event of an error when placing the order that may prevent or delay delivery.
The Customer declares to have full legal capacity to engage under these General Terms and Conditions.
Registration is open to all persons over the age of 18, and to minors providing that they are under the supervision of a parent or tutor holding parental authority. Under no circumstances is registration authorised on behalf of a third party unless validly authorised to represent them (e.g. a legal entity). Registration is strictly personal to each Customer.
In the event that the Customer fails to comply with any of the provisions hereof, the Operator reserves the right to terminate the said Customer’s account without prior notice.
Article 6 – PAYMENT METHODS AND SECURITY
The Customer expressly acknowledges that any order placed on the Website is an order with obligation to pay, which requires the payment of a price in exchange for the delivery of an ordered Product.
The Operator reserves the right to ask for a copy of the Customer’s ID card or passport and references from professionals the Customer has already ordered from, prior to confirming the order.
If necessary, MAISON THOMAS reserves the right to verify the Customer’s identity, the accuracy of the contact details provided, or any other information by contacting them using the contact details provided on their account. The shipment of the products and confirmation of the order will only be made after receipt and verification of the requested information.
The Operator uses an online payment solution.
Orders may be paid for using any of the following payment methods:
- Payment by credit card. Payment is made directly on the Operator’s bank’s secure bank servers. The Customer’s bank details do not pass through the Website. Any bank details provided during payment are protected by an SSL (Secure Socket Layer) encryption process. As such, these details are not accessible to third parties.
The Customer’s order is processed and confirmed as soon as payment is approved by the bank.
The Customer’s bank account will be charged the corresponding amount only when (i) the credit card details used have been verified and (ii) the debit has been approved by the bank that issued the credit card.
In the event that the sums due cannot be debited, the sale will immediately be cancelled.
A credit card may be rejected if it has expired, reached the maximum spending amount the Customer is entitled to, or if the information provided is incorrect.
- Payment via e-wallet (such as Paypal). The Customer already has an account with the e-wallet used by the Operator.
The Customer may use this account to securely pay for the order without providing any bank details.
- Payment by cheque (France only). The Customer may pay for their order by cheque if they have an account registered with a bank established in France. Bank or postal cheques to be made out to MAISON THOMAS.
To be sent in an envelope with a copy of your order form to the following address: MAISON THOMAS, BP 35, 38241 MEYLAN CEDEX.
If the cheque does not arrive within 5 working days, the Operator reserves the right to cancel the order and to place the ordered Product back on sale. Orders are processed and sent 20 days after cashing the cheque.
- Payment by bank transfer. The Customer may pay for their order via bank transfer. The costs shall be borne by the Customer. The Operator shall send the bank details for payment upon the order, as well as the reference to include on the transfer order. Orders are processed within 48 hours at the most following the reception of the transfer. If the transfer does not arrive within 5 working days, the Operator reserves the right to cancel the order and to place the ordered Product back on sale.
Where applicable, the order confirmed by the Customer will only be considered effective once the secured bank payment centre has approved the transaction.
Within the framework of verification procedures, the Operator may ask the Customer for all the items required to finalise the order. These items will not be used for any other purpose than the one stated here.
Article 7 – PAYMENT OF PRICE
The Product prices in force at the time of the order are in euros, including tax, and excluding delivery and transport costs. In the event of a special offer, the Operator undertakes to apply the discounted price to any order placed during the period advertised.
The price is exclusively payable in euros (€). The price is due in full after confirmation of the order. The prices include any discounts and reductions granted by the Operator.
Any applicable delivery or transport costs will be added to the Product price and clearly indicated before the Customer confirms their order. The total amount due by the Customer and its details will appear on the order confirmation page.
- Delivery in Metropolitan France (including Corsica): free shipping costs
- Delivery to the European Union and French overseas departments and territories (DOM TOM): flat rate of 35 Euros for all orders.
- Delivery to the rest of the world: flat rate of 60 Euros
Article 8 – ESTABLISHMENT OF THE AGREEMENT
The agreement between the Operator and the Customer is established at the moment the Customer order is confirmed.
The Customer’s attention is particularly drawn to the method of acceptance when placing an order via the Website. The Customer must confirm their order by “double-clicking”, i.e. after selecting Products to add to the basket, the Customer must check and, if necessary, correct the contents of their basket (identification, quantity of selected products, price, delivery terms and costs) before confirming by clicking on “confirm order”. The Customer shall then acknowledge acceptance of the present GTC before clicking on the “order” button, and finally validate their order by entering their bank details. The “double-click” shall be considered an electronic signature and handwritten signature. It constitutes the irrevocable and unreserved acceptance of the order by the Customer.
Communications, purchase orders and invoices are ensured by the Operator on a reliable and durable media, so as to constitute a faithful and durable copy. These communications, purchase orders and invoices may be produced as proof of contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitute proof of all transactions between the Operator and its Customers.
The Customer may rescind their order by sending a registered letter with acknowledgement of receipt, or in writing via another durable media, in case of:
- delivery of a Product that does not comply with the stated characteristics of the Product,
- delivery after the deadline specified on the order form or, in the absence of such a date, within thirty (30) days following the execution of the contract, after the Operator has been enjoined, under the same terms and conditions and without result, to deliver within a reasonable additional period of time,
- a price increase that is not justified by a technical modification imposed by the public authorities.
The Operator may rescind the order in case of:
- refusal of the buyer to accept the delivery,
- non-payment of the price (or balance) at the moment of delivery.
Article 9 – RETENTION OF TITLE
Products ordered on the Website remain the exclusive property of the Operator until receipt of the full price, including any shipping costs.
Article 10 – SHIPPING AND DELIVERY
For deliveries outside of Metropolitan France (European Union, outside the European Union, French overseas departments and territories, rest of the world), any customs duties and taxes relating to the delivery of the item are the responsibility of the Customer. The Operator is not required to know and check the customs legislations in force, and other formalities, in different countries.
In the case of an order deemed unsafe, or in the case of shipping problems, the Operator reserves the right to cancel the order without prior notice. In this case, a full refund of the amount will be made.
Delivery means the transfer of physical possession or control of the Product to the Customer.
The Operator offers different delivery options depending on the nature of the product:
For an order of less than 500 euros, delivery shall be made by the carrier of the Operator’s choice depending on the value of the object.
For an order of more than 500 euros, delivery will be made with declared value and insurance by the carrier of the Operator’s choice, according to the amount and nature of the market value.
The shipping costs are specified during the finalisation of the order and accepted when the order is confirmed.
The Operator undertakes, in accordance with the delivery deadline stated on the Website for each of the Products, to deliver the Products within a maximum period of thirty (30) days after receipt of the order.
Delivery times are displayed on the Website in working days, when placing the order. These times include the preparation and dispatch of the order, as well as the time period provided by the carrier.
A follow-up email will be sent to the Customer’s email address (if correctly entered), containing the order tracking information as soon as it is has been dispatched.
The Operator undertakes to dispatch the Products in accordance with the times stated on each Product page and on the basket page, providing that the payment for the order was not refused.
However, if one or more Products cannot be delivered within the timeframes initially announced, the Operator will send an email to the Customer with a new delivery date.
The Products will be delivered to the address provided by the Customer when placing their order. It is therefore the Customer’s responsibility to check that this address does not contain any errors. The Operator is not liable if the address provided by the Customer is wrong, thus preventing or delaying delivery.
Upon delivery, the Customer may be asked to sign a receipt.
Upon delivery, it is the Customer’s responsibility to check that the Products delivered comply with their order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate it on the delivery receipt. No claims relating to the quantity or condition of the Product will be accepted if the claim was not noted on the delivery receipt.
If the receipt of the products is entrusted to a third party (building concierge, secretary at a workplace, neighbour, relatives, etc.), the latter will be considered responsible for the receipt of the products, on behalf of the Customer.
If the product has not been received more than a week after the shipping date, the Customer should:
- Check that the delivery address is correct.
- Inquire at their local post office.
- Get in touch with our customer service: 06 35 22 71 39 or by email: firstname.lastname@example.org or via our contact form on our website in the “contact us” section. Any complaints or enquiries will be processed by the sender, i.e. MAISON THOMAS.
In the case of loss or theft that may occur during the shipment, the Customer must report it as soon as possible. An investigation with the Post Office or carrier will be carried out.
Once this has been completed, insofar as the Customer is not liable, the Operator undertakes to refund the total amount of the order.
French legislation on the protection of cultural goods requires the Operator to apply for an export certificate (as well as an export licence for countries outside the EU) from the French Ministry of Culture, for all coins dated before 1500 and with a unit value of more than 1500 euros. The timeframe required to obtain these documents is on average 4 to 6 weeks. The certificates issued are valid for an unlimited period of time. MAISON THOMAS cannot be held responsible for any delays to delivery as a result of certificate and/or licence issuing times by the French Ministry of Culture.
Article 11 – RIGHT OF WITHDRAWAL
If the Customer is not fully satisfied with a delivered Product, they may return it to the Operator. The Customer has a period of fourteen (14) days to do so from the date of receipt of the order.
To exercise their right of withdrawal, the Customer must inform customer services directly via a contact form available on the Website in the “contact us” section, or by post to the following address: MAISON THOMAS BP 35, 38241 MEYLAN CEDEX or by email to: email@example.com
The Operator will send an acknowledgement of receipt of the Customer’s withdrawal request by email.
The Product must be returned in its original packaging and condition, fit for resale, unused and, where applicable, with all its accessories.
The Operator will provide the Customer with the exact return and transport requirements. Any package returned without following the Operator’s instructions may be refused, and the Customer be held liable for any damage or loss.
In addition to the returned Product, the return package should also contain a letter including the Customer’s exact and complete details (first name, last name, address), as well as the order number and original purchase invoice.
For Metropolitan France (including Corsica), return costs are at the expense of the Operator. Only the amount of the order will be refunded (including shipping costs).
For any zones outside of Metropolitan France (French Overseas Departments and Territories, Europe, outside the European Union, rest of the world), return costs are at the expense of the Customer.
The Operator will refund the Customer the cost of the Product within fourteen (14) days from receipt of the Product and all the items required to refund the Customer. This reimbursement may be made via the same means of payment as used by the Customer. As such, a Customer who paid for their order in the form of credit notes / gift vouchers may be refunded in credit notes / gift vouchers, as per the Operator’s will.
By accepting the present General Terms and Conditions of Sale, the Customer expressly acknowledges that they have been informed of the terms and conditions of withdrawal.
Article 12 – CUSTOMER SERVICE
The Customer can contact the Operator:
- at the following telephone number 06 35 22 71 39 , on the following days and opening hours: Monday to Saturday 9am – 7pm
- by email to firstname.lastname@example.org specifying their name, telephone number, subject of the request and order number.
- via the contact form on the website in the “contact us” section.
Article 13 – INTELLECTUAL PROPERTY AND LICENCE TO USE THE SITE
The Operator is the sole owner of all the content on this Website, including but not limited to, text, images (animated or not), photographs, videos, logos, illustrations, models, software, brands, visual identity, database, website structure, and all other intellectual property rights and other data or information (hereinafter, the “Elements”) that are protected by French and international laws and regulations pertaining in particular to intellectual property.
Consequently, none of the Elements of the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, disclosed, represented, stored, used, rented or exploited in any way, free of charge or in return for payment, by a Customer or third party, regardless of the means and/or media used, whether known or unknown to date, without the prior express written authorisation of the Operator on a case-by-case basis. The Customer is solely responsible for any unauthorised use and/or manipulation.
ARTICLE 14 – LIABILITY AND GUARANTEE
The Operator shall not be liable for the non-fulfilment of this contract due to the Customer or due to an event qualified as a Force Majeure by the competent courts, or due to the unforeseeable and insurmountable fact of a third party to the contract.
The Customer acknowledges that the characteristics and constraints of the Internet to do not guarantee the security, availability, and integrity of Internet data transmissions. As such, the Operator does not guarantee that the Website and its services will operate without interruption or error. In particular, their operation may be momentarily interrupted for maintenance, updates, technical improvements, or to make changes to the content and/or presentation.
The Operator shall not be liable for the Customer’s use of the Website or services in violation of these General Terms and Conditions and for any direct or indirect harm that this use could cause to a Customer or a third party. In particular, the Operator shall not be held responsible for false declarations made by the Customer and for their behaviour towards third parties. In the event the Operator is held liable due to such behaviour from one of its Customers, the latter undertakes to guarantee the Operator against any legal judgement given, and to reimburse the Operator for all costs, in particular legal fees, incurred for its defence.
You can decide to implement the warranty against hidden defects of the sold item, as per Article 1641 of the French Civil Code. In this case, you can choose between rescinding the sale or discounting the sales price in accordance with Article 1644 of the French Civil Code.
Reproduction of Articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 et L. 217-12 of the French Consumer Code, Articles 1641, 1644 and the first paragraph of Article 1648 of the French Civil Code, as in force on the date of these General Terms and Conditions of Sale:
Art. L.217-4 of the French Consumer Code:
“The seller shall deliver goods that comply with the contract and is liable for any compliance defects in existence at the time of delivery. He is also liable for any compliance defects resulting from the packaging, assembly instructions or installation, if responsible under the contract or if performed under his responsibility”.
Art. L.217-5 of the French Consumer Code:
“The goods comply with the contract:
1° If they are suitable for the purpose usually expected of similar products and, where applicable:
– if they correspond to the description provided by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model,
– if they have the qualities that a buyer may legitimately expect given the public declarations made by the seller, manufacturer, or representative, particularly with regards to advertising or labelling,
2° Or if they possess the characteristics jointly defined by the parties or are suitable for any specific purposes sought by the buyer, brought to the attention of the seller and that the seller accepted.”
Art. L.217-7 of the French Consumer Code:
“Any lack of conformity which appears within a period of six months from the date of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise.
For second-hand goods, this time-limit is set at six months.
The seller may challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.”
Art. L.217-9 of the French Consumer Code:
“In the case of a lack of conformity, the buyer may choose between the repair and replacement of the goods. However, the seller may decide not to proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost compared with the other option, taking into account the value of the goods or the importance of the defect. The seller is then obliged to proceed, unless this proves impossible, with the option the buyer did not choose.”
Art. L.217-12 of the French Consumer Code:
“Actions that result from a lack of conformity are limited to two years after the delivery of the goods.”
Art. 1641 of the French Civil Code:
“The seller is bound to guarantee against hidden defects of the goods sold which may render them unfit for their intended use, or impair that use to the extent that the buyer would not have purchased them, or would have paid a lower price, had he or she been aware of the defects.”
Art. 1644 of the French Civil Code:
“In the case of Articles 1641 and 1643, the buyer has the choice of either returning the goods and receiving a refund of the paid price, or of keeping the goods and receiving part of the price paid.”
Art. 1648 para. 1 of the French Civil Code:
“Action resulting from hidden defects must be taken by the buyer two years after discovery of the defect.”
Article 15 – PERSONAL DATA
Article 16 – HYPERTEXT LINKS
The hypertext links available on the Website may redirect towards third party websites that have not been edited by the Operator. They are provided solely for the convenience of the Customer, in order to facilitate the use of resources available on the Internet. If the Customer uses these links, they will leave the Website and agree to use the third party websites at their own risk or, where applicable, in accordance with the terms and conditions that regulate them.
The Customer acknowledges that the Operator does not control or contribute in any way to the elaboration of the terms and conditions of use and/or the content applying to or appearing on these third party websites.
Consequently, the Operator shall not be held responsible in any way whatsoever for these hypertext links.
The Customer also acknowledges that the Operator shall not endorse, guarantee, or take on responsibility for all or part of the conditions of use and/or the content of these third party websites.
The Website may also contain promotional hypertext links and/or advertising banners redirecting to third party sites that are not edited by the Operator.
The Operator invites the Customer to notify the presence of any hypertext links on the Website that provide access to a third-party website containing unlawful or immoral content.
The Customer is not authorised to use and/or insert any hypertext links directing to the Website without the Operator’s prior written agreement on a case-by-case basis.
Article 17 – GENERAL PROVISIONS
FULL AGREEMENT OF THE PARTIES
These General Terms and Conditions constitute a contract governing the relationship between the Customer and the Operator. They constitute all the rights and obligations of the Company and the Operator relating to their subject matter. If one or more clauses of these General Terms and Conditions were to be declared null and void in application of a law, regulation, or final decision of a competent court, then the other clauses would retain their full force and scope. Furthermore, failure by either party of these General Terms and Conditions to take action regarding a breach by the other party of any of the provisions set out in these General Terms and Conditions, shall not be interpreted as a waiver on their part to take action regarding such a breach in the future.
CHANGES TO TERMS AND CONDITIONS
The Operator reserves the right to make changes to the Website content or available services at any moment, and without prior notice, and/or momentarily or definitively operate all or part of the Website.
The Operator also reserves the right to change at any moment and without prior notice, the location of the Website on the Internet, as well as the present General Terms and Conditions. The Customer must therefore refer to these General Terms and Conditions before using the Website.
The Customer acknowledges that the Operator shall not be liable in any way whatsoever to the Customer or any third party as a result of such changes, interruptions, or terminations.
The Operator recommends that the Customer save and/or print the present General Terms and Conditions for durable safekeeping, in order to refer to them at any moment during the execution of the contract if necessary.
In the event of a dispute, you should first contact the company’s customer service department at the following address: email@example.com or via our contact form on our website in the “contact us” section.
The language of this contract is French.
These General Terms and Conditions are governed, interpreted, and applied in accordance with French law.
ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE CUSTOMER
The Customer acknowledges having carefully read the present General Terms and Conditions.
By registering on the Website, the Customer confirms having taken the General Terms and Conditions into account and accepting them, contractually binding the Customer to the terms of the present General Terms and Conditions.
The General Terms and Conditions applicable to the Customer are those available on the date of the order, a copy of which, dated today, can be sent to the Customer on request. Any changes to the General Terms and Conditions made by the Operator shall therefore not apply to any order placed previously, unless the Customer who placed the order has given their express consent.