Terms & Conditions
1. Purpose – Applicability – Amendments to Terms & Conditions
1.2. The Website allows Clients to select and acquire one of a kind, custom and/or made to measure pieces, hereafter the “Products”.
1.4. If an order is placed directly offline, the Terms must be signed to indicate unreserved acceptance, and returned to the company.
1.5. These Terms may be amended at any time and without prior notice by Le Comptoir by Xavier Lavergne; the applicable terms are those in effect on the date of the Client’s order.
1.6. In the event that a provision is found lacking, the order will be deemed to be governed by current standard practice in the distance sales sector, and pursuant to French law which will be solely applicable.
1.7. The same applies for offline orders, which will be deemed by default to be governed by standard practice and regulations pursuant to French law.
1.8. The terms and conditions of sale applicable ipso jure to all sales by Le Comptoir by Xavier Lavergne are made available to the buyer prior to the date of the order, pursuant to Article L.113-3 of the French Consumer Code.
2. Types of products available: One of a kind, made to measure or made to order pieces.
2.1. Made to measure products, most often worktops, table tops, and countertops, which can also be used as shelves, are designed by the client using the design and cost estimate modules available on the Website. These products are handcrafted and comprise wooden forms clad in pewter foil or pewter cast.
2.2. One of a kind pieces refer to our products that are customized by applying a specific surface treatment to the material, engraving, combining materials or painting, as provided by the Brand or by partner artists.
2.3. Made to order pieces refer to standard forms that are handcrafted by our artisans to fulfill a specific order. For example these may be tables with a complex design that is not compatible with our online design module. Such pieces, designed by the Brand and produced on request for the client will have a unique character and variable appearance due to their handcrafted nature. Such products are generally made from pewter, however other materials may also be suggested such as copper, brass or combinations of materials.
3. About our products made in France:
3.1. Our pewter countertops, tables and worktops are made in France in keeping with traditional techniques that artisans have been using for generations. The pewter is fashioned by hand and hammered onto a wooden form.
3.2. Pewter is known for its antibacterial properties.
3.3. Our countertops, tables, and worktops are 97% pewter and lead free. All our products are made of food grade pewter and comply with European ISO 9001 standards. Il est appelé « Etain culinaire ».
3.4. Pewter is a soft metal and develops a natural non-toxic patina over time that lends the piece a unique character.
3.5. Unlike stainless steel and composite materials, pewter is not an inert material. It naturally ages over time like wood, developing a patina, pitting and scuffing that add to the charm of the product. Il s'agit là d'une évolution naturelle inhérente à un vieillissement souhaité du produit.
3.6. Crimping, rippling and irregularities are a feature of a handcrafted piece. These traits are to be expected and add to the charm of the piece. An allowance of +/- 3 mm (+/- 0.12 inches) is applicable to all dimensions of manufactured worktops. Moldings are also made by hand and an allowance of +/- 3 mm (+/- 0.12 inches) is applicable to their height and depth.
4. Pewter care and maintenance
4.1. While scuffing and pitting add to the charming patina of pewter, we do not recommend cutting food directly on the worktop. Treat your worktop with care and protect it from knocks.
4.2. Pewter is corrosion resistant thanks to a non toxic protective oxide coating that forms on the surface. However highly acidic food items such as lemon, vinegar, tomatoes or wine may cause spotting and tarnish the patina. If your pewter is tarnished, we recommend wiping it down and rinsing with water.
4.3. To prevent staining avoid placing hot coffee pots and dishware directly on your pewter surface.
4.4. Clean pewter with dish detergent only, then rinse and apply glass cleaner. Dry with a soft microfiber cloth. Do not use abrasive or acidic products. Do not use ammonia.
4.5. If you want your pewter to look like new, it can be restored with steel wool #000. Wet with glass cleaner and gently sweep over the entire piece in regular motions. Rinse to finish. Restoring the pewter will produce a satiny sheen. We recommend you have your pewter restored by a professional.
5. Care and maintenance of other materials that may be used in the products
5.1. Other materials that are better known than pewter, such as brass, copper or wood, must be used in normal conditions of use, and cleaned according to the extensive specifications in the industry documentation, using suitable professional grade products according to their instructions. They are compliant with European standards, in the sense that they contain no inert or transferable heavy metals, such as lead for example.
5.2. However we do not recommend preparing food directly on the worktops. They should be used in normal conditions, according to their functions as tables, countertops or worktops.
5.3. Painted pewter worktops will be produced with epoxy or polyester resin type paints that are inert and contain no heavy metals, and are suitable for use as decor furniture, such as tables and countertops.
6. Client obligations
6.1. Only legally competent Clients may place an order on the Website.
6.2. Before placing an order the Client must enter the data indicated into the registration form, i.e. title, full name, email address, a password, phone number, and shipping address.
6.3. He/she is solely responsible for the data entered, not only with regard to their accuracy but also their storage, for any disclosure to a third party be it by error, negligence or wrongdoing, and for the fraudulent use of same. In the event of fraudulent use of the Client's personal account, the latter must inform Le Comptoir by Xavier Lavergne of such as soon as possible.
6.4. The Client guarantees that he/she is fully authorized to use his/her PayPal account and all and any other methods of payment to pay for his/her order, and that his/her methods of payment give access to sufficient funds to cover the costs of use of the services.
7. Dimensions and quote procedures
7.1. The Website provides a program to design made to measure worktops, generate quotes and produce contractual drawings. The calculation module is open to individuals and professionals. In the event of doubts about the dimensions, we recommend the assistance of a professional (interior decorator, carpenter, etc.).
7.2. The installation dimensions and details are the responsibility of the Client.
7.3. There is no price per m2. Each piece must be costed individually since it will be manufactured using particular procedures implemented by highly experienced master artisans with the use of a precious metal. The final price will take these two particularities into account.
7.4. The module to generate quotes and produce contractual drawings will prompt you to select the general shapes and outer dimensions (overall) of the countertop and to select the finish for each edge. Each edge of the worktop can be made up of:
- a molding of a specific height and thickness,
- or left unfinished with no molding and bare wood, for countertops installed along a wall,
- or a pewter finish with no molding.
7.5. Since the outer edges of the piece are used, for countertops installed on furniture it will be necessary to take into account the thickness of the molding and the dimension of the piece of furniture in order to insure the countertop is a perfect fit. It is recommended to use an allowance of a few millimeters (approx. 1/8 inch) for antique or irregular furniture. The client will be solely responsible for calculating this allowance according to the dimensions that s/he will measure in situ. N.B.: An allowance of 3 mm (0.12 inches) is applicable to the dimensions of moldings, since these are handmade.
For countertops installed on furniture with drawers or doors, the molding overhang must be taken into account to allow for opening. In this case we recommend moldings with no overhang.
7.6. The quote module only processes right angles. In the event of countertops installed in the corners of walls or built in, the Client must verify that the existing corners are right angles. If the walls are not perpendicular or not parallel for a built in countertop, we recommend you have a professional straighten the walls or provide a suitable strut or filler strip.
7.7. The company is capable of producing countertops of very large dimensions, however, for shipping reasons, a single piece should fit within a rectangle measuring maximum dimensions of 14m by 3.5m (45.93 x 11.48 ft.). The Client shall furthermore insure that the freight box can be delivered without difficulty to his/her address. For information purposes, a freight box will have the following dimensions: L of countertop overall + 6 cm (2.36 inches) – W of countertop overall + 6 cm (2.36 inches) – H of countertop overall + 6 cm (2.36 inches).
7.8. The sum paid for the production and shipping of the piece will be due, irrespective of any failure to deliver, relating to delivery difficulties.
8. Final offer
8.1. Prices are displayed in euros including VAT and other applicable taxes and do not include shipping costs, processing fees and packaging fees.
8.2. Shipping costs, processing fees and packaging fees will be indicated in the quote addressed to the Client before the order is finalized.
8.3. For all Products shipped outside the European Union and French overseas territories, the price will be calculated before tax automatically in the invoice. Customs duties and other local taxes, import duties and state sales taxes will likely be payable. These taxes and sums are not borne by Le Comptoir by Xavier Lavergne. They are payable by the Client who is wholly liable for them both in terms of declarations and payments to the competent authorities and/or bodies in his/her country.
8.4. Prices may be changed at any time, and without prior notification, particularly in the event of a change in fiscal or economic situation. Items will be billed on the basis of the tariffs in effect on the date the order was logged.
8.5. However, the Client is obliged to pay the Product price displayed on the date of the order.
9. Shipping quote
9.1. To allow the exact shipping cost to be quoted, the Client must precisely complete an online shipping form, as stipulated in the shipping form clause, in the shipping terms. If you have any doubts, we recommend you contact us.
9.2. For the American market or for any country requiring air transport, freight boxes with dimensions measuring greater than 2.60m x 3.30m (8.53 x 10.83 feet) cannot be transported by air. In this case, shipping will be by sea or in detached pieces. Contact us in this specific case so that we can issue a suitable quote.
9.3. The packaging fee will be indicated to the Client before the order is finalized.
10. Order phase
10.1. Le Comptoir by Xavier Lavergne reserves the right to cancel or reject an order in the event of a dispute with the Client regarding a previous order.
10.2. Before any manufacturing order is issued in the workshop, the Client must:
- In the case of an offline purchase: have sent the drawings and cross sections marked “approved” in handwriting and signed underneath, the quote marked “approved for order” in handwriting and signed underneath, the signed shipping form, and the signed Terms, and have paid a sum corresponding to 50% of the grand total.
- In the case of an online purchase: have authorized online the drawings, quote and Terms, have completed the shipping form and have paid online a sum corresponding to 50% of the grand total.
10.3. The balance of 50% will be payable upon completion of the piece and prior to shipping.
10.4. Manufacturing lead times are generally 6 weeks from receipt of the down payment, except in a case of force majeure (for example fire or flood).
10.5. Shipping times will depend on the shipping address and terms. Approximate shipping dates are given in the order confirmation. Contact will be made to arrange a delivery slot once manufacturing is complete. Shipping times therefore are only counted from the date manufacturing is completed.
11.1. Payment is made by bank card (debit card, Visa, MasterCard/Eurocard) or via Stripe or PayPal.
11.2. In the event that payment is rejected by the Client's bank, the order will not be accepted.
11.3. Payment is debited from the Client’s account once the order has been finalized.
11.4. Payment will be billed to the legal entity or natural person and to the address entered by the Client in the form. This address can be different from the shipping address.
12. Shipping terms, transport and delivery to the address
12.1. Delivery slot: the carrier will make contact to arrange the most suitable delivery date. The Client or his/her representative must be present during the agreed time slot. On the delivery date, the Client or his/her representative will be contacted by the carrier by phone or SMS to confirm the delivery time. If necessary the Client will be notified, in good time by the chosen carrier, in the event that exceptional circumstances should prevent the delivery.
12.2. Shipping form: Delivery is made to the address designated on the shipping form. The Client undertakes to indicate clearly on the form and at the time of order:
12.2.1. The full address (country, city, zip code, street, street number, building number, stairwell number, elevator number, door number, courtyard, and all access codes in order, names on the intercom).
12.2.2. The phone number of the Client or his/her representative, present at the address to receive the product.
12.2.3. In the Additional Information section, the Client indicates any additional information needed to gain access to his/her address, but also the name and contact details of his/her representative who will be present at the time of delivery.
12.2.4. The Client also indicates any difficulties the carrier may encounter when delivering the products (width of steps, elevator inaccessible for deliveries, elevator inaccessible for any reason, mandatory service entrance, building not directly accessed from the street and necessitating delivery on foot over more than 20m (65.62 feet), etc.).
12.3. Delivery methods: The Client is responsible for the product gaining access inside the delivery address. In the event of any failure to make the delivery by elevator or stairwell, the Client will be responsible for putting in place additional equipment to make the delivery, in suitable conditions. Failing additional equipment put in place by the Client and if the carrier has the capacity to provide an access platform or hoist, the buyer is obliged to accept this solution, at his/her own expense. In the event of erroneous or incomplete information, preventing the delivery of the order, neither Le Comptoir by Xavier Lavergne, nor the carrier can be held responsible for the non-delivery of the product. If the product cannot be delivered, the shipping costs (both ways) are payable by the Client. No request for refund of the purchase of the product will be accepted for a failure to deliver.
12.4. The delivery service includes: arranging a delivery slot – delivery – maximum 5 stories of stairs – unpacking the product – delivery of the product to the room of choice, insofar as accessible (TBC) – collection of packaging where applicable – the carrier has the buyer mark the delivery docket with the following information: “condition of packaging” “condition of product after unpacking”.
12.5. Inspection of products and warranties: The buyer undertakes to fully verify the condition of the product after delivery. Since indicating “with the exception of” has no legal value, we request that you take the time to record and describe in detail any breaches in compliance.
Any exception issued with regard to the product must be confirmed in writing (email or registered mail with acknowledgment of receipt) within 72 hours, with photographs of the areas affected. In the event of no exceptions, the product received will be deemed compliant and no ulterior remedy can be envisaged. Any hidden defects, which have appeared after delivery, must be indicated to us in writing (email or registered mail) at most one month after the date of receipt of the products. However, the legal provisions for hidden defects relating to articles 1641 et seq. of the French Civil Code, pursuant to the provisions of article R 211-4 of the French Consumer Code will be applicable.
12.6. Absence of buyer at the time of delivery: In the event of absence of the buyer at the first delivery attempt, the courier will leave a message. The product will be returned to the carrier’s depot. A second delivery will be offered at the buyer’s expense.
12.7. Delivery delays:
12.7.1. Pursuant to articles L.138-1 et seq. of the French Consumer Code, in the event of unjustified delay to delivery within the stated time, or failing this, within more than thirty (30) days of the manufacturing completion date of the Product, the Client can cancel the order by registered mail with acknowledgment of receipt, within sixty (60) working days of the Product delivery deadline. Le Comptoir by Xavier Lavergne undertakes to refund the price of the Product within fourteen (14) days of the Client’s request.
In this case, the product will once again become the property of Le Comptoir by Xavier Lavergne.
12.7.2. Le Comptoir by Xavier Lavergne will not be held liable for failure or delays in delivery due to a case of force majeure or a cause attributable to the Client. The Client will not from this time on be able to invoke the procedure described above.
12.7.3. Similarly due to passing of the risk Le Comptoir by Xavier Lavergne will not be held liable for loss of the Product ordered as and from the date it is shipped.
13. Statutory warranties
Le Comptoir by Xavier Lavergne applies the legislation in effect for the warranties cited in the following articles:
13.1. Article L211-4 of the French Consumer Code: The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility thereof or had it carried out under his responsibility.
13.2. Article L211-5 of the French Consumer Code: To conform to the contract, the product must:
13.2.1. 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 buyer 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 producer or his representative, including advertising and labeling;
13.2.2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
13.3. Article L211-12 of the French Consumer Code: Action resulting from lack of conformity lapses two years after delivery of the product.
13.4. Article 1641 of the French Civil Code: A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.
13.5. Article 1648 paragraph 1 of the French Civil Code: The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice. Such discovery of the vice must be indicated by registered mail within one month of discovery.
14. Canceling the order
14.1. Pursuant to articles L121 to 218-3 of the French Consumer Code, the Client cannot exercise the right of withdrawal for “Supply contracts for goods made to the consumer's specifications or substantially personalized”.
15. Personal data
15.1. Le Comptoir by Xavier Lavergne collects certain personal information from Clients on the Website (hereafter the “Information”) for the purposes of processing orders, and processing payment thereof. If the Client refuses collection of the Information, the order cannot be realized.
15.2. Generally speaking, the Client Information collected is used to personalize and improve the quality of the Website and the browsing experience of the Clients as well as the services associated with the Website.
15.3. Le Comptoir by Xavier Lavergne is responsible for processing Client Information.
15.4. For the purposes of processing the aforementioned Information, Le Comptoir by Xavier Lavergne discloses the relevant content, to the Designers and service providers tasked with insuring delivery of the Products.
15.5. Le Comptoir by Xavier Lavergne necessarily discloses Information to all and any administrative or judicial authorities that request this of it by injunction.
16. Intellectual property
16.1. All content on the Website, with no exception whatsoever, including the databases and technologies used by Le Comptoir by Xavier Lavergne are the property of the latter, or of its Designers and partners, and is protected by intellectual property rights.
16.2. It is strictly prohibited to extract, reproduce or reuse all or part of the content of the Website without the express written authorization of Le Comptoir by Xavier Lavergne. Any approval granted by Le Comptoir by Xavier Lavergne or by the holder of property rights does not create under any circumstances an intangible right to the benefit of the Client and may be revoked at any time by Le Comptoir by Xavier Lavergne or the holder of the rights upon request. The Client shall comply forthwith.
17. Force majeure
17.1. Pursuant to article 1148 of the French Civil Code, Le Comptoir by Xavier Lavergne will not be held liable or deemed to have committed an error in processing a Client’s order in the event that any delay or non-completion results from a case of force majeure.
17.2. Any events or circumstances that are unpreventable, unforeseeable and beyond the control of the Parties shall be deemed an act of God or case of force majeure that relinquishes liability including a full or partial strike by carriers, and natural catastrophes.
18. Partial invalidity – Whole agreement – Tolerance
18.1. The fact of any clause whatsoever of the Terms becoming null and void, unenforceable, obsolete, illegal or inapplicable due to a law or regulation or further to a legal ruling, will not cause into question the validity, legality and/or applicability of other provisions of the Terms and will not exonerate the Client from the execution of his/her contractual obligations.
18.2. The Terms and the entirety of data relating to the order that are sent to the Client constitute the entirety of the binding agreement in force between the Parties and form an indivisible whole. In the event of any contradiction between these documents, the Terms will prevail.
18.3. Simple tolerance of breach of a provision of the Terms by one of the Parties will under no circumstances whatsoever constitute a waiver of rights or a waiver or amendment of the Terms. The fact that one of the Parties does not exercise one of the rights conceded to him or her by the Terms does not imply that he waivers this right for the future.
19. Applicable law, dispute
19.1. The Terms will be executed and interpreted pursuant to French law, to the exclusion of all and any other regulation. The Parties will seek, before any dispute, to reach an amicable agreement.
19.2. In the event of any dispute or contest in a general manner or relating to validity, interpretation or execution of these Terms, the commercial court in Paris, France will be held solely competent.