Terms and conditions of sale

Any order or immediate purchase implies unreserved acceptance of these general terms and conditions of sale, which take precedence over all other terms and conditions, with the exception of those expressly accepted by the seller.

1 | Quotation

The provision of a quote does not constitute a commitment for immediate execution unless it is followed by the signing of the corresponding order form, unless otherwise stated on the quote, with the mention “approved for order” and the signature of both the client and the seller. The quotes, as well as any drawings and models that may accompany them, remain the property of the seller. They cannot be disclosed, even partially, to third parties without the seller’s authorization, under penalty of damages. All texts, comments, works, illustrations, works of art, and images reproduced or represented on the quote are strictly reserved for the seller under copyright and intellectual property rights worldwide. Any full or partial reproduction or representation of the quote or any of its elements is strictly prohibited. When receiving a quote, the client will provide the seller with their phone and/or postal contact details. The client has the right to register for free on the telemarketing opt-out list (BLOCTEL – bloctel.gouv.fr). However, the client explicitly agrees to be called and/or contacted by the seller at the phone number provided on the quote within a maximum of 3 months following the quote delivery, even if their number has been registered with BLOCTEL. The seller agrees to use this phone number solely for follow-up on the documents provided to the client during their visit to the store (quote, price proposal) and within a maximum period of 3 months.

2 | Goods

The client selects the goods based on their own criteria. The seller provides information to guide the client’s choice, but cannot replace the client in the purchasing decision. The client acknowledges having, prior to placing the order, received in a clear and understandable manner all the information required under article L 111-1 of the Consumer Code, including the essential characteristics of the product and the price of the products and additional costs. The client is informed that no goods will be taken back by the seller in case of an error in the client’s choice of goods, unless expressly agreed by the seller.

3 | Order

The order form is FINAL AND BINDING for the client. Any quantitative or qualitative modification of the order will only be accepted by the seller to the extent that it does not disrupt production or supply. If applicable, this may result in an increase in the quoted prices and a new delivery time. Any cancellation of the order is subject to the express agreement of the seller. In all cases, if the order is canceled by the client, not due to a fault of the seller, and unless expressly agreed otherwise by the seller, the deposit paid by the client will be retained by the seller.
Orders for which the seller provides a numbered order form will only bind the seller after the payment of a deposit, the amount of which is determined by the parties, unless waived by the seller.

However, if the client requests a credit with a duration of more than three (3) months, the sale will only become final once the pre-credit offer, as required by law, becomes definitive. The client does not benefit from a withdrawal period for in-store sales. However, in the case of a sale on credit, the client has a right of withdrawal of 14 calendar days, starting from the day the credit offer is accepted. The sales contract will be automatically canceled, without compensation, if the client exercises their right of withdrawal regarding the allocated credit within this 14-day calendar period, as outlined in article L.312-19 of the Consumer Code. In the case of a sale on credit, if the client requests immediate delivery of the goods in writing, dated, and signed (L.312-47 of the Consumer Code) without waiting for the end of their withdrawal period, the sale will be considered final within 3 days of the acceptance of the pre-credit offer, provided that the goods are delivered within this 3-day period, or on the day of delivery, if the delivery occurs after the 3rd day following the acceptance of the credit offer.

In the event of the cancellation of the sales contract following the exercise of the right of withdrawal for the allocated credit, the seller will be required to refund, upon simple request, any sum the client has paid in advance on the price. Starting from the eighth (8) day following the refund request, this sum will accrue interest, by operation of law, at the legal interest rate plus half.

4 | Restocking

The seller can only guarantee the restocking of the goods sold and be held responsible to the extent of their own possibilities or those of the manufacturer.

5 | Delivery Terms and Timeline

The seller agrees to deliver the goods (either store pickup or home delivery) no later than the date or within the timeframe specified on the order form (Article L.216-1 and following of the Consumer Code). If the goods are not delivered to the client (store pickup or home delivery) on the date or within the timeframe specified on the order form, and the delay is not caused by the client, the client will have the right to terminate the contract by following the procedure outlined below:

– Firstly, the client must send the seller a formal notice to deliver the product within a reasonable additional timeframe, by registered letter with acknowledgment of receipt or another written communication on a durable medium;

– Secondly, if the seller has not delivered the goods within this additional timeframe, the client may inform the seller, using the same methods, that they are terminating the sales contract.
The contract will only be terminated upon receipt of this letter or written communication informing the seller of the termination, provided that the delivery has not occurred between the client’s sending of the letter and its receipt. Any amounts paid will be refunded to the client, without duplication, within 14 days of the contract termination. The above provisions do not apply in the event of force majeure or an unforeseeable event. If the goods are picked up by the client in-store, the transfer of risk will occur as soon as the client or a transporter designated by the client takes the goods. If the goods are delivered to the client’s home, the transfer of risk will occur upon the client’s or the client’s designated third party’s signing of the delivery receipt.
The goods are only delivered within mainland France according to the applicable pricing grid, unless otherwise stated. The client is responsible for providing the seller with all necessary information for home delivery. The seller excludes any responsibility in case of error or inaccuracy in the delivery address. The goods will be delivered to the client’s home, to the room of their choice. However, if due to the narrowness of the premises or access difficulties, which were not specified at the time of the order, the goods cannot be delivered to the chosen room, the goods will be delivered to the threshold of the client’s home. The client will be responsible for transporting and assembling the goods inside their home, or, after accepting a prior estimate, will bear the additional cost related to any difficulties encountered in moving the goods inside (e.g., renting lifts, delivery by crane, etc.).
In case of inability to deliver to the client’s home, the goods will be made available for pickup at the store, and the invoice will become immediately due, with any possible storage fees added. Home delivery may include the assembly of the goods if agreed upon in the order form. The assembly of goods excludes, unless a specific installation contract is made, any plumbing, electrical connections, and any fixing to the floor or wall. Regarding installation work, the transfer of ownership occurs as the work progresses and is received by the client or architect, or as work progress statements are provided, subject to the provisions of the retention of title clause outlined in Article 12.

We particularly draw the client’s attention to the fact that our obligations (delivery, installation, furniture returns, etc.) under orders placed may be suspended in order to comply with the recommendations of health and government organizations in the event of an epidemic (e.g., COVID-19), without this engaging our liability and without terminating the obligation to perform for either party.

5.1 | Shipping Methods

5.1.1 In the case where the buyer arranges for their own carrier

From the moment the [détailler les produits] equipment is handed over to the carrier appointed by the buyer [nom du client], the seller’s liability [votre nom ou société] is fully discharged. The transfer of risk takes place when the goods are handed over to the carrier, i.e. when the equipment is collected from the seller’s premises.

Therefore, any deterioration, loss, or damage that may occur during transport cannot be attributed to the seller. The buyer acknowledges having taken the necessary steps to hire a competent and insured carrier. In case of damage or loss, the buyer must contact the carrier directly for any claims.

6 | Storage

6 | Storage
If, after the item has been made available, the date for pick-up or delivery is postponed by the customer, the item will, unless otherwise agreed by the parties, be considered delivered on the date it was made available. Billing will occur on that date. In this case, the item will remain stored in the seller’s premises for up to 15 days at the seller’s expense. After this period and following a formal notice for the customer to take possession of the item, the seller will have the right to either charge the customer for storage costs or place the item in a warehouse at the customer’s expense and risk. After an additional 15-day period of storage under the above conditions and following another formal notice to take possession, the sale will be considered void, and the seller may freely dispose of the item, while retaining the amounts already paid by the customer as compensation for the damages incurred.

7 | Payment

Payment is made under the conditions outlined at the time of the order, as reflected on the order form. Any price reduction not accepted by the seller, unjustified, or disproportionate, exposes the customer to financial penalties. Unless otherwise expressly stated for a particular sale, the prices of the products are those in effect at the time the order is placed, subject to availability. All prices are quoted net, in Euros, all taxes included, packaging included, ex-store.

If the seller has agreed to deliver the goods, delivery fees will be charged to the customer according to the rate specified in the order form, unless otherwise expressly stated. Similarly, assembly services may be charged to the customer in addition, according to the rate specified in the order form. The eco-participation for the collection, sorting, and recycling of waste furniture components will be billed separately, without markup or discount, in addition to the sale price. This eco-participation is billed at the rate in effect on the day of delivery, including in the event of a change in the tax between the order date and the delivery date. Unless otherwise agreed, the balance of the invoice must be paid upon delivery of the goods (to the seller for store pickup or to the delivery driver for home delivery). In the case of a partial delivery requested by the customer, the customer must pay, in addition to the deposit already paid, for the goods actually delivered and cannot, under any circumstances, defer this payment to the delivery date of the remaining items.

In the case of payment by draft for a duration not exceeding 3 months, it is agreed that if any of the scheduled installments are not paid, all amounts still owed by the customer will become immediately due and payable 8 days after sending a formal notice by registered letter with acknowledgment of receipt.
Furthermore, the seller reserves the right to charge any banking fees or interest charges incurred due to the postponement of the payment deadline.
“In the case of payment after the due date resulting from these general terms and conditions of sale, the professional buyer (excluding individuals) will be required to pay, without prior formal notice, a fixed recovery fee of 40 euros, starting from the due date (Article L441-6 of the French Commercial Code).”

8 | Claims

The client or their representative is required to inspect the goods upon delivery (either in-store pickup or home delivery). In the event of any visible damage, the client must refuse the goods or, in the case of home delivery, note any reservations they have regarding the condition of the goods received on the delivery note. General reservations such as “subject to unpacking, packaging intact” will not be considered valid. In the case of home delivery, the client must specify any precise and detailed reservations on the delivery note provided by the delivery person.

In the event of damage to the goods caused by the carrier chosen by the seller, the client must inform the seller of the reservations within 48 hours of delivery, to allow the seller to hold the carrier accountable. This does not affect the client’s right to invoke the legal warranty. The client cannot invoke an apparent defect of the goods or a defect they were aware of or should have been aware of when acquiring the goods against the seller.

9 | Legal Guarantees

In any event, the seller shall apply the provisions of the legal guarantee of conformity of the goods with the contract under the terms of article L217-4 et seq. of the French Consumer Code. The customer has a period of 2 years from delivery of the goods in which to take action.
The customer may choose between repairing or replacing the goods, subject to the cost conditions set out in article L217-9 of the French Consumer Code.
The customer does not have to prove the existence of the lack of conformity of the goods during the legal warranty period, except for second-hand goods for which the period is 6 months.
Article L.217-4 of the French Consumer Code: ‘The seller delivers goods that conform to the contract and is responsible for any lack of conformity at the time of delivery’.

Article L.217-5 of the French Consumer Code: ‘The goods conform to the contract: 1°If they are fit for the purpose usually expected of similar goods and, where applicable : -corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model
-has the qualities that a purchaser may legitimately expect having regard to the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling. 2°Or if it has the characteristics defined by mutual agreement between the parties, or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter’.

Article L.217-9 of the French Consumer Code: ‘In the event of a lack of conformity, the buyer may choose between repairing or replacing the goods’. However, the seller may not proceed according to the buyer’s choice if this choice would result in a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. The seller is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.

Article L.217-12 of the French Consumer Code: ‘Any action resulting from a lack of conformity must be brought within two years of delivery of the goods’.

Article L.217-16 of the French Consumer Code: ‘When the buyer asks the seller, during the term of the commercial guarantee that was granted to him at the time of the purchase or repair of a movable item, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee that was still running. This period runs from the date of the purchaser’s request for service or from the date the item in question is made available for repair, if this is subsequent to the request for service’.

The customer may also decide to invoke the guarantee against hidden defects within the meaning of articles 1641 et seq. of the French Civil Code. In this case, the customer may choose between rescinding the sale or reducing the price in accordance with article 1644 of the Civil Code.

Article 1641 of the French Civil Code: ‘The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them’.

Article 1644 of the Civil Code: ‘The buyer has the choice of returning the item and having the price refunded, or keeping the item and having part of the price refunded, as determined by experts’.

Article 1648 paragraph 1 of the Civil Code: ‘The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect’.

In the event that the purchaser asserts his rights under the legal guarantee of conformity or against hidden defects in the item sold, the Customer shall return the item in a clean and hygienic condition, with no stains.

The warranty does not cover :

Wear and tear on furniture due to :

• excessive natural or artificial light

• the use of any maintenance product that is not suitable for the covering, or failure to comply with maintenance conditions
• external causes: domestic accidents, water damage, stains, burns, scratches, animals, etc.
• incorrect assembly, wedging or adjustment of furniture
• the action of perspiration and the body’s natural perspiration or the action of seborrhoea
  – Deformation of foams, fixed or mobile mechanical structures, breakage of structures due to incorrect use or intensive overloads concentrated on a given point due to a particular or unusual characteristic use
  – Damage to components such as foam zips and fastenings between components,
  – Damage caused intentionally by a user
  – Repairs or modifications carried out on the customer’s initiative by the customer or by a company of the customer’s choice without the express written agreement of the seller’s customer service department.

10 | Spare parts

Where applicable, the customer will be informed of the existence and duration of availability of spare parts essential to the use of the goods on any suitable medium before the contract is concluded and on the order form if it exists or on any other durable medium recording or accompanying the sale.

11 | Free returns

The customer may return the product free of charge within 48 hours of receiving the parcel. They must inform the supplier by telephone or e-mail.

12 | Retention of title clause

The seller reserves the right of ownership of the goods delivered until the price of the goods has been paid in full. In order to avail itself of this clause, the seller will simply need to make known its formal wish to have the goods returned to it by means of a simple registered letter with acknowledgement of receipt sent to the customer. The sale will be cancelled ipso jure and any deposits already paid will remain the property of the seller. However, it is expressly stipulated that, unless the guarantee clause provided for in article 9 above is applied, the customer will be responsible for the goods deposited in his hands as soon as they are physically handed over, and the transfer of possession entails the transfer of risks. As a result, the customer must take all measures and, where appropriate, take out all insurance to compensate for any partial or total destruction of the goods, whatever the cause.

In the event of non-payment, the seller may terminate the sale by operation of law, after sending the customer formal notice to pay within a reasonable period, by registered letter with acknowledgement of receipt. The deposit paid when the order was placed will be retained by the seller as damages and the goods must be made available to the seller as soon as the cancellation takes effect, i.e. on the day the buyer receives the registered letter.

13 | Environment

If they so wish, customers may drop off their waste furniture items at a collection point set up by the approved eco-organisations, in accordance with the rules of the collection point concerned.

14 | Applicable law / Handling of claims / Jurisdiction

This contract is subject to French law. In the event of a dispute, the customer may have recourse to the conventional mediation procedure or to any other alternative dispute resolution method under the conditions of article 1528 et seq. of the French Code of Civil Procedure. With regard to consumer mediation and in accordance with Article L. 612-1 of the French Consumer Code, the Customer may use the AME CONSO mediation service free of charge, either electronically by completing the form provided for this purpose on the website: http://www.mediationconso-ame.com, or by post to: AME CONSO – 11 place Dauphine – 75001 Paris, for all complaints that have already been submitted in writing to the seller’s customer service department within the last year and which have not been satisfied.

If the customer is a trader, any dispute concerning the order that is the subject of these terms and conditions or its consequences must be brought before the Commercial Court of the place where the seller’s head office is located, even in the event of multiple defendants or the introduction of third parties.

15 | Information technology and civil liberties / Personal data (individual customers)

Information relating to the customer’s order is subject to automated data processing by the company making the offer, whose contact details appear on the order form, the data controller. The purpose of this automated data processing is to manage and monitor the customer’s orders, deliveries and invoices, and to combat payment fraud. The legal basis for the processing is the fulfilment of contractual obligations. This data will be kept for 3 years from the date of sale.
On the legal basis of the legitimate interest pursued by the company, unless otherwise stated by the customer on this order form, the customer accepts the use of his optional personal data for loyalty actions, satisfaction surveys and commercial canvassing (sending of targeted products, information on promotions, organisation of competitions), with the aim of improving its services. However, the customer may object to any commercial canvassing at any time and free of charge by writing to the seller at the address shown on the order form.

The Customer acknowledges that he/she has been informed that his/her personal data may be transmitted to the third party partner Avis Vérifiés for the purpose of collecting and publishing his/her opinion following his/her order. The data collected by Avis Vérifiés is the surname, first name, email address, comments and answers to questions from the brand via the Solution, as well as the order references. Avis Vérifiés shall use the Personal Data of customers solely in the context of its Solution and for the sole purposes thereof. The data will be kept for a maximum period of 18 months by this partner.
Avis Vérifiés formally refrains from communicating to anyone personal or nominative information that would make it possible to identify the client or that would infringe on the client’s privacy. The client may oppose the transmission of his/her information to Avis Vérifiés at the following address: rgpd@ucem.fr

The customer also has a right of access, rectification, limitation, opposition, deletion and portability of personal data concerning him/her, under the conditions laid down by the laws and regulations in force in France. To exercise this right, the customer must send a signed letter to the seller at the address shown on the order form. In accordance with the regulations in force, the customer’s request must be signed and accompanied by a photocopy of an identity document bearing the customer’s signature, and must specify the address to which the reply is to be sent. A reply will then be sent within one month, possibly extended by two months, of receipt of the request.

Any complaint concerning the protection of personal data may be made to the Commission Nationale de l’Informatique et des Libertés (CNIL), via its website http://www.cnil.fr, or by post: 3 place Fontenoy – 75334 PARIS CEDEX 07.