TOTEM CREATION General Terms and Conditions

The present Sales Conditions are declared acknowledged by the Customer. Any order implies the Customer’s compliance with said Conditions which cannot therefore be opposed by any contrary clause other than the ones formally and expressly established by TOTEM CREATION. TOTEM CREATION may change this Agreement at its choosing.

DEFINITIONS « The Customer » : a person or company buying or using TOTEM CREATION products. « Consumer » : a private person buying Products for private use. « TOTEM CREATION » : the Product vendor as identified on your invoice. « Order Confirmation » : acknowledgement of Product ordered by you, sent by TOTEM CREATION. « PRICE » : stated in Order Confirmation. « PRODUCT » : as described in Order Confirmation.

THE PRODUCTS

TOTEM CREATION’s Products are made of very thick sheet metal enameled on both sides as well as on the edges so as to ensure their optimal lasting in time. Only then do TOTEM CREATION affix thereon a pattern which is then heated at 800°C (1472°F) so as to be made sun- and waterproof. This process allows TOTEM CREATION to ensure a high quality Product.

All of our patterns are exclusive, registered at INFI and protected. Their use is forbidden except for projects strictly authorized in written by TOTEM CREATION.

TOTEM CREATION is a registered mark.

Enamel sheet iron can suffer from rusting when placed outdoors. Certain precautions are to be observed to affix the plate: a washer made of rubber or another fabric must be used between screw and plate to prevent chipping of the enamel. After fixing the plate with a suitable rawplug, it is necessary to seal around the plate with a silicon sealent. Each plate is sold bearing at its back these very same instructions for fixing. Any fixing that would not follow the recommended process would discharge TOTEM CREATION of any responsibility toward any premature deterioration of the Product.

WARRANTY

TOTEM CREATION’s sheet enamel plate Products are guaranteed to be free from defects for 12 months from delivery. The guarantee exludes all degradations caused by bumping, voluntary or unvoluntaruy. Any claim coherent with the guarantee will have to reach us together with the purchase proof, the date of said purchase and the Product cause of the claim.

Photographs, texts, characteristics and graphic pictures of TOTEM CREATION WebSite are purely indicative and cannot by any means bind TOTEM CREATION’s responsibility. Neither can TOTEM CREATION be held responsible for any existing typographic errors.

PAYMENT AND PRICE TERMS

Payment is due on ordering goods. Title to Product passes on full payment. TOTEM CREATION accepts payment by French bank cards (Visa, Eurocard, MasterCard and American Express) and credit cards (Visa or American Express), in which cases we inform you of a possible delay of 24 hours. Indeed, for security reasons, all orders paid by bank cards are systematically checked by our accountance department and additional information may be required to validate your purchase. TOTEM CREATION accepts payment by cheques drawn on French banks exclusively. In such a case, the order will only be confirmed once TOTEM CREATION has received the cheque for the total amount including shipment fees. Prices in our brochure or on WebSite are only indicative and may be changed at any time. The Prices invoiced will be the ones in force at the time of the order. In any case, delivery can only occur after full payment by the Customer.

If any claim related to this Agreement should arise between TOTEM CREATION and the Customer, French Law and the exclusive court jurisdiction of French courts will apply to this Agreement.

This Agreement applies to this sale, service and all statements made by TOTEM CREATION in brochures, price lists, adverts, on the Internet or verbally. Variations to this Agreement must be made by TOTEM CREATION in writing. Any other Terms, Conditions or Purchase Orders are excluded. Placing your order means acceptance of this Agreement.

SHIPMENT AND DELIVERY

On-line orders are binding as soon as the Customer has received TOTEM CREATION’s e-mail Order Confirmation. Acceptance of the goods upon delivery induces Order Confirmation. Deliveries depend on the time of arrival of the orders. Delivery by instalments can be made in case of multiple order. Delivery is acknowledged completed as soon as the conveyor has taken charge of the Product at our office. Except if otherwise stipulated, shipment is made by a conveyor chosen by TOTEM CREATION on behalf of the Customer. TOTEM CREATION will not be held responsible for delivery delays caused not by TOTEM CREATION but by conveyor (private or public). In any case, TOTEM CREATION will reject all claim, cancellation or reimbursement claim, related to delivery lead time not respected. Shipment insurance and fees of Products sold after delivery rest on the Customer to comply with.

TOTEM CREATION cannot be held responsible for any alteration of the Product which would be due to technical and/or supply conditions unexpectable and unexpected at the time of Order Confirmation, nor if said alteration should cause delay or interruption in manufacturing or delivering said Product. Delivery will be made to the place stated by the Customer, and delivery fees paid by the Customer.

Goods are shipped at the consignee’s risks. The consignee must inspect the shipment and, should shortage occur, state all necessary claim to the conveyor within two days of reception of the goods. Claims for visible defects or non-conformance of the goods must be stated in writing within 48 hours after reception of the goods, the Customer bringing all necessary proof of said visible defects or faults. The Customer will furthermore allow the vendor to proceed to the defects investigation and try to cure it.

CONSUMER RIGHTS

According to articles L-121-16 and following of the Code of consumption allowing Consumers to cancel orders, the Consumer may cancel his purchase within 7 days of receipt of the goods bought on this WebSite and receive a refund (of Product Price only). To do this, the Consumer must inform TOTEM CREATION in writing and return the Product immediately in the same condition he received it and at his own costs and risks. When the 7 days limit expires on a Saturday, Sunday or a bank holiday, it is prolonged to the next working day.

Any returned Product must be sent to the following address in the lawful lead time as above-mentioned, time running from the date stated on delivery order. The Product must be sent back in its unopened original packaging. The Product must not have been used.

TOTEM CREATION may decide to apply a 30 % allowance if the Product is not sent back in its perfect original state. TOTEM CREATION will explain in writing the reason of the allowance. If the Product is returned by postal mail, such return should be made by registered mail, failing which there would be no acknowledgement of any loss occurring during the return shipment. Products which will have been altered or which original packaging will have been deteriorated will not be refunded nor replaced. The purchase cancellation can be made by e-mail, fax or postal letter to :
TOTEM CREATION
Rue Edmée mariotte
17180 PERIGNY
France