Delivery and return policy
We deliver any order to mainland France and, following specific conditions, worldwide, through Colissimo. These charges are payable by the customer.
TRACKING YOUR PARCEL
You will be informed by email that your parcel is on its way and you will be provided with the tracking number.
Satisfied or refunded. You have 14 days from the date of delivery to change your mind.Please contact me beforehand at email@example.com and let me know the item(s) that you wish to return. Following this request, you will be informed about the return procedure. The shipping costs for a return are the responsibility of the customer. Returned products must be in perfect condition, in their original packaging, as they were delivered.The risks associated with this return are the responsibility of the customer. You are therefore recommended to use a carrier offering tracking and insurance of the returned merchandise. In the event that it is lost or damaged during transport, I can not refund the product and you must make a claim directly with the carrier.To receive another product to replace the returned one, a new order must be made on the site.
General terms and conditions
Top Top makes utility ceramic items by hand in their studio located at 36 Boulevard Joliot Curie, Nantes, France. All of these Products and Services are sold through Top Top website: www.toptopceramique.com. The list and description of the Products and Services offered by Top Top can be consulted on the aforementioned website.
Article 1: Object
These General Terms & Conditions determine the rights and obligations of the parties within the framework of the online sale of Products or Services offered by Top Top.
Article 2: General Provisions
These General Terms & Conditions (GTC) govern the sales of Products or Services through Top Top website, and are an integral part of the Contract between the Purchaser and Top Top. They are fully enforceable against the Purchaser who accepted them before placing an order. Top Top reserves the right to modify these terms at any time by publishing a new version of them on her website. The applicable GTC are those in effect on the day the payment for the order occurred (or on the day of the first payment in case of multiple payments). The Customer declares that they have read all of these GTC, and, if applicable, the Particular Conditions of Sale related to a Product or a Service, and that they accept them without restriction or reservation. The Customer acknowledges that they have received the necessary advice and information to ensure that the offer meets their needs. The Customer declares that they are legally entitled to enter into contract under French law or to legitimately represent the natural or legal person for whom they undertake to do so. Unless proven otherwise, the information recorded by Top Top constitutes proof of all transactions.
Article 3: Prices
The prices of the Products and Services sold through the website www.toptopceramique.com are indicated in Euros before taxes and are precisely determined on the Products and Services description pages, excluding specific shipping costs for Products. The company Top Top is exempt from VAT in accordance with Article 293B of the French General Tax Code. The shipping costs for all French and international destinations are based on the total weight of the order, which includes the ordered ceramic items as well as the whole packaging, and on the price list provided by La Poste Colissimo – the shipping service chosen by Top Top – applicable on the day the order is placed. This price list can be viewed on the following internet page: https://www.laposte.fr/tarif-colissimo. For all Products shipped outside of the European Union and/or overseas France, customs duties or other local taxes, or import duties, or state taxes are liable to be due for payment in certain cases. These rights and sums are not Top Top responsibility. They will be entirely at the expense of the purchaser and are their responsibility (declarations, payment to the competent authorities, etc.). Kim Lê therefore invites the Purchaser to contact the local authorities for further information. Top Top reserves the right to change prices at any time in the future. The telecommunication costs necessary to access Top Top website are the Customer’s responsibility, as well as delivery costs if applicable.
Article 4: Entering into an Online Contract
In accordance with the provisions of Article 1127-1 of the French Civil Code, the Customer must follow a series of steps to enter into an online contract in order to place their order:
– Information on the Product’s essential features;
– Choice of the Product, and its options if applicable;
– Indication of the Customer’s necessary contact details (identification, email address, postal address, etc.);
– Verification of the order details (double click formality) and rectification if required. Before confirming the order, the Purchaser may check the order details and price, correct any mistakes, or cancel it. Confirming the order will activate the contract.
– Subsequently, follow-up instructions for payment, payment for the Products, and ultimately delivery of the order.
The Customer will receive a confirmation email after payment, as well as an acknowledgment of receipt of the order. During the order placement process, the Customer will have the opportunity to identify and correct any errors made while entering data. The contract is entered into in the English language. The archiving of communications, the order, order details, as well as the invoices is carried out on reliable and lasting material so as to constitute a faithful and lasting copy of the contract in accordance with the provisions of Article 1360 of the French Civil Code. This information can be produced as proof of the contract. For Products to be delivered, delivery will be made to the address indicated by the Customer. For the purposes of successful completion of the order, the Customer commits to provide truthful identification details. Top Top reserves the right to refuse the order, for instance in the event of any unusual request, made in bad faith or for any legitimate reason.
Article 5: Products & Services
The essential features of the Products and Services and their respective prices are made available to the Purchaser on Top Top website, as well as recommendations for use and care of the Products, if necessary. In accordance with Article L112-1 of the French Consumer Code, the Consumer is informed, by means of marking, labelling, displaying or any other suitable process, of the prices, special conditions of sale and service provision before entering into any contract of sale. In all cases, the total amount due by the Purchaser is indicated on the order confirmation page. The selling price of the Product is the one in effect on the day of the order and does not include the additional shipping costs as detailed in Article 3. These possible costs are indicated to the Purchaser during the selling process, and in any event when the order is confirmed. Top Top reserves the right to modify her prices at any time, with a guarantee that the price indicated at the time of the order will be applied. When Products or Services are not available immediately, clear information about delivery dates is given on the Product or Service’s page. The Customer certifies having received a detail of the delivery costs, the terms of payment, delivery and execution of the contract, as well as detailed information about Top Top identity, postal address, telephone number and email address, and activity as part of the sale. Top Top agrees to honour the Customer's order within the limits of available stocks only. Otherwise, the Customer will be notified. In the absence of agreement with the Customer on a new delivery date, the Customer will be reimbursed.
The contractual information is shown in detail and in French. The parties agree that the illustrations or photographs of the Products for sale have no contractual value. The Purchaser’s attention is drawn to the fact that the Products sold by Top Top are all handcrafted by two person: their dimensions, colours and appearance may therefore differ slightly from the published photographs and vary significantly from one specimen to another within the same series. The period of validity for the sale of the Products and their prices are specified on Top Top website, as well as the minimum duration of the contracts when they relate to a continuous or periodic supply of Products or Services. Unless there are special conditions, the rights granted hereunder are only so to the natural person signatory of the order (or the person who holds the email address provided beforehand).
Article 6: Compliance & Conformity
In accordance with Article L.411-1 of the French Consumer Code, the Products and Services offered for sale through these GTC meet the applicable requirements with regards to the safety and health of persons, the loyalty of commercial transactions, and consumer protection. Regardless of any commercial warranty, Top Top remains liable for any lack of conformity and hidden defects in the Product.
In accordance with Article L.217-4, Top Top delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. Top Top is also liable for any lack of conformity resulting from the packaging, or recommendations for use and/or care, when the contract stipulates that said conformity is Top Top liability or has been monitored under Top Top responsibility.
In accordance with the legal provisions regarding conformity and hidden defects (Article 1641 of the French Civil Code), Top Top will reimburse or exchange defective, damaged or non-compliant Products. Reimbursement can be requested as follows: the Purchaser must send their refund request by email to the following address: firstname.lastname@example.org, describing the reason for their request with attached photographs that evidence the non-conformity of the Products. After receipt of the Customer’s refund request by Top Top, the order must be returned intact in its original packaging by parcel post. The return shipping costs will be paid by the Purchaser. Top Top will then reimburse the total amount of the order (Products and return shipping costs) within a maximum of 30 days after receipt of the parcel.
Article 7: Retention of Title Clause
The Products remain Top Top property until full payment of the price.
Article 8: Terms of delivery
Products are delivered to the shipping address provided when the order was placed, and within the standard time limits of the postal service Colissimo depending on the delivery destination. These time limits do not comprise the preparation of the order, which takes place within 15 working days after the order confirmation is issued. Making an appointment will be required if the Customer chooses the delivery option “Retrait à l’atelier” [Pick up at the studio]. Following Top Top confirmation of the appointment, the Customer must go to Top Top studio, located at 36 Boulevard Joliot Curie, Nantes, France, in order to collect their order. When the customer orders several Products at once, they may happen to have different delivery times depending on their volume (if, for instance, the Products cannot be wrapped together in the same package). Top Top will provide a contact email address in the order confirmation email to ensure the follow-up of the order. For the Customer to follow the progress of their delivery on a daily basis, a delivery tracking number will also be given in the email sent out as a notification that the parcel has been transferred to the postal service. It is the Customer’s responsibility to give the correct delivery address when entering the contract. If the customer provides an incorrect address resulting in the parcel not reaching them, the order will not be replaced, nor refunded. Top Top insists that when the Customer takes physical possession of the Products, the risks of loss or damage to said Products are transferred to them. It is the Customer’s responsibility to notify the carrier of any reservations they might have regarding the Product that was delivered.
Article 9: Availability
If an item is unavailable for a period exceeding 30 working days, the Purchaser will be immediately notified of the foreseeable delivery times and the order for this item shall be cancelled upon request. The Customer may then request a credit for the amount the item cost or the cancelation and full refund of the order.
Article 10: Payment
Payment is due immediately for confirmation of an order or pre-order. For an online purchase of a Product, the Customer can pay by card. Cards issued by banks domiciled outside France must be international bank cards (MasterCard or Visa). Secure online payment by credit card is processed by our payment provider Stripe. For the purchase of a Product or Service at Top Top studio, the Customer can pay by credit card, cheque or cash. Secure payment in the physical shop is processed by our payment provider SumUp. The transmitted information is encrypted in accordance with standard practice and cannot be read while traveling on the network. Once the payment has been initiated by the Customer, the transaction is immediately processed and the amount is immediately debited upon verification of the information. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating their banking information during the sale, the Customer authorizes Top Top to debit their card for the amount of the price indicated. The Customer confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In case of error, or impossibility to debit the card, the sale will automatically be terminated and the order will be cancelled.
Article 11: Period of Withdrawal
In accordance with the provisions of Article L 221-5 of the French Consumer Code, the Purchaser has the right to withdraw without giving any reason, within fourteen (14) days from the day the order is delivered. The right of withdrawal can be exercised by contacting Top Top by email at the following address: email@example.com. We inform our Customers that in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the French Consumer Code, this right of withdrawal cannot be exercised if the Products are custom-made or if they show one or several significant signs of wear making them unsuitable for sale. If the right of withdrawal is exercised within the aforementioned period, the price of the purchased Product(s) and the corresponding shipping costs will be reimbursed, with the return shipping costs left at the expense of the Customer. Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.), with, if possible, an attached copy of the proof of purchase. Top Top will subsequently reimburse the total amount of the order (Products and return shipping costs) within 30 days from receipt of the parcel.
Article 12: Guarantees
In accordance with French law, Top Top assumes responsibility of guaranteeing conformity of a Product and of any hidden defects in a Product. Top Top will reimburse the Purchaser or exchange Products which are clearly defective or do not correspond to the Purchaser’s order. The refund request must be made as follows: following receipt of their refund request by Top Top, the Purchaser must return their order in its original packaging by parcel post. The shipping costs for returning the order will be at the Purchaser’s expense. Within 30 days of receipt of the parcel, Top Top will reimburse the total amount of the order (Products and return shipping costs) via the same method of payment as initially used by the Purchaser, or another method of payment proposed by Top Top.
Article 13: Complaints and mediation
If applicable, the Purchaser may submit any complaint by contacting Top Top using the following contact details: by email at firstname.lastname@example.org or by post to Top Top head office: Top Top, 36 Boulevard Joliot Curie, Nantes 44200, France. In accordance with the provisions of Articles L. 611-1 to L. 616-3 of the French Consumer Code, the consumer is informed that they can use a consumer mediator under the conditions provided for in Title I of Book VI of the French Consumer Code. In the event that the complaint fails to be taken into account by Top Top, or in the absence of a response within two months, the consumer may report the dispute to a mediator who will independently try to bring the parties together with the aim of reaching an amicable solution to the matter.
Article 14: Termination of Contract
The order can be terminated by the Purchaser by sending a registered letter with acknowledgment of receipt in the following cases:
– delivery of a Product that does not comply with the characteristics of the order;
– delivery after the date set when the order is placed, or in the absence of a date, within 30 days of payment;
– unjustified price increase or modification of the Product.
In these cases, the Purchaser may demand reimbursement of the prepaid deposit plus interest calculated at the legal rate from the date of receipt of the deposit.
Article 15: Intellectual Property Rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of Top Top. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 16: Force Majeure
The execution of Top Top obligations hereunder is suspended in the event of a fortuitous event or case of force majeure that would prevent it. Top Top will notify the Customer as soon as possible on the occasion of such an event.
Article 17: Nullity and Modification of the Contract
If one of the stipulations of this contract were cancelled, this nullity would not entail the nullity of the other stipulations which will remain applicable between the parties. Any contractual modification will only be valid upon written and signed agreement of the parties.
Article 18: Protection of Personal Data
In accordance with Regulation 2016/679 of April 27, 2016 on the protection of individuals with regards to the processing of personal data and on the free movement of such data, Top Top sets up personal data processing for the purposes of sale and delivery of Products and Services defined in this contract. The Purchaser is informed of the following:
– the identity and contact details of the data controller and data protection officer, as previously indicated in these GTC;
– the legal basis of the processing: contractual execution;
– the recipients or categories of recipients of the personal data, as well as any authority legally allowed to access the personal data in question;
– the absence of transfer of data foreseen outside the EU;
– the data retention period: the period of commercial prescription;
– the data subject has the right to request from the data controller access to, rectification of or erasure of their personal data, as well as limitation of the processing related to the data subject, or the right to object to the processing and the right to data portability;
– the data subject has the right to file a complaint with a supervisory authority;
– the information requested when the order is placed is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, otherwise the order cannot be placed. No automated decision-making or profiling is implemented during the ordering process.
Article 19: Applicable Law and Clauses
All the clauses appearing in these GTC, as well as all the purchase and sale transactions referred to therein, will be subject to French law. The nullity of a contractual clause does not entail the nullity of these GTC.
Article 20: Consumer Information
For consumer information purposes, the provisions of the French Civil Code and the French Consumer Code are reproduced below:
Article 1641 of the French Civil Code: The Seller is required to provide a warranty against any hidden defects affecting the item sold which render the item unfit for the purpose for which it is intended, which impair such use to such an extent that the Purchaser would not have purchased the item or would have paid less for the item had they been aware of the defects.
Article 1648 of the French Civil Code: Action resulting from hidden defects must be taken by the Purchaser within two years of discovery of the defect. In the case provided for in Article 1642-1, the action must be introduced, under penalty of foreclosure, within one year of the date on which the Seller can no longer be held accountable for clear defects or lack of conformity.
Article L. 217-4 of the French Consumer Code: The Seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for any lack of conformity resulting from the packaging, assembly instructions or installation where the contract stipulates that said installation is the Seller’s responsibility or has been executed under their responsibility.
Article L. 217-5 of the French Consumer Code: To conform to the contract, the product must:
1. Be suitable for the purpose usually associated with such a product and, if applicable:
– correspond to the description given by the Seller and have the features that the Seller presented to the Purchaser in the form of a sample or model;
– have the features that a buyer might reasonably expect it to have considering the public statements made by the Seller, the manufacturer or its representative, including advertising and labelling;
2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the Purchaser which was made known to the Seller and which the latter agreed to.
Article L. 217-12 of the French Consumer Code: Action resulting from lack of conformity lapses two years after delivery of the Product.
Article L. 217-16 of the French Consumer Code: When the Purchaser asks the Seller during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilisation of at least seven days shall be added to the remaining duration of the warranty. This period runs from the date of the Purchaser’s request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention.
Is there any special maintenance for the ceramics?
The pieces are dishwasher and microwave safe. They're designed to last over time. The outside of the piece is not glazed, it's better to avoid prolonged contact with turmeric or tomato sauce.
How soon will I receive my package?
We prepare your package within 10 working days after receipt of the order then it's up to La Poste to play!
Atelier Choque Le Goff
Thanks to Arddun Store, Agathe Hernandez, Marie-Yaé Suematsu, Edouard de Pelleport, Marie Wiart.
A special thanks to all the people that taught us so much : Gaëtan (hot pote), Mylène Escande, Marie-Yaé Suematsu, Stéphanie et Ophélie de Clay atelier, Salima Zahi, Amandine Richard, Valentine Goujet, Vincent Farelly, Jean Baptiste Martin, Lili Delaroque, Lola Moreau, Salomé Macquet, Jeanne Dauvergne, Donald Choque, Yoann Le Goff.