These general terms and conditions of sale (hereinafter the "General Terms and Conditions") apply to any purchase made by an Internet user / natural person (hereinafter the "CUSTOMER") on the websites; < htdeco.fr>, < htdeco.co.uk>, < htdeco-ebay.fr>, htdeco.es>, < htdeco.de>, < htdeco.it>, , , , , , , , , , , , with SARL TOUFAU, SARL registered in the VESOUL trade and companies register under number 479704603, having its registered office at SARL TOUFAU – ZA Champ au Roi – 70000 Vaivre et Montoille – France, France Tel: 0962526554, Fax: 0384960575, email: service.clients@htdeco.fr (hereinafter the “SELLER”). IMPORTANT Any order placed on the SITE necessarily implies the unconditional acceptance by the CUSTOMER of these general terms and conditions of sale.
Article 1. DEFINITION
The terms used below have, in these General Conditions, the following meaning: “CUSTOMER”: designates the co-contractor of the SELLER, who guarantees to have the status of consumer as defined by French law and jurisprudence. As such, it is expressly provided that this CUSTOMER acts outside of any usual or commercial activity. “DELIVERY”: designates the first presentation of the PRODUCTS ordered by the CUSTOMER to the delivery address indicated when ordering. “PRODUCTS”: refers to all the products available on the SITE. “TERRITORY”: designates Metropolitan FRANCE, including Corsica (excluding DOM/TOM).
Article 2. PURPOSE
These General Conditions govern the sale by the SELLER to its CUSTOMERS of the PRODUCTS. The CUSTOMER is clearly informed and acknowledges that the SITE is aimed at consumers and that professionals must contact the SELLER's sales department in order to benefit from separate contractual conditions.
Article 3. ACCEPTANCE OF THE GENERAL CONDITIONS
The CUSTOMER undertakes to carefully read these General Conditions and accept them, before paying for an order for PRODUCTS placed on the SITE. These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download, print the General Conditions and keep a copy. The SELLER advises the CUSTOMER to read the General Conditions for each new order, the latest version of said Conditions applying to any new order for PRODUCTS. By clicking on the first button to place the order then on the second to confirm said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Article 4. OPENING AN ACCOUNT – PURCHASE OF PRODUCTS ON THE SITE
To be able to purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity or, if a minor, be able to provide proof of the agreement of their legal representatives. The CUSTOMER will be asked to provide information allowing them to be identified by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER. The CUSTOMER can check the status of their order on the SITE. DELIVERIES can, where applicable, be tracked using the online tracking tools of certain carriers. The CUSTOMER can also contact the SELLER's sales department at any time by email, at the address service.clients@htdeco.fr, in order to obtain information on the status of their order. The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
Article 5. ORDERS
Article 5.1 Product characteristics
The SELLER strives to present as clearly as possible the main characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under applicable law (in these General Conditions). The CUSTOMER undertakes to read this information carefully before placing an order on the SITE. The SELLER reserves the right to modify the selection of PRODUCTS available on the SITE, in particular according to the constraints linked to its suppliers. Unless expressly indicated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and the standards applicable in France.
Article 5.2. Order procedure
Orders of PRODUCTS are directly placed on the SITE. To place an order, the CLIENT must follow the steps described below (please note however that depending on the CUSTOMER's start page, the steps may differ slightly).
5.2.1. Selection of PRODUCTS and purchasing options
The CUSTOMER must select the PRODUCT (s) of his choice by clicking on the PRODUCT (s) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CLIENT's basket. The latter can then add to his basket as many PRODUCTS as he wants.
5.2.2. Orders
Once the PRODUCTS have been selected and placed in their basket, the CUSTOMER must click on the basket and check that the content of their order is correct. If the CUSTOMER has not yet done so, he will then be invited to identify himself or register. Once the CUSTOMER has validated the contents of the basket and identified/registered, an automatically completed online form will be displayed to them summarizing the price, applicable taxes and, where applicable, shipping costs. delivery. The CUSTOMER is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content. The CUSTOMER can then proceed to pay for the PRODUCTS by following the instructions on the SITE and provide all the information necessary for invoicing and DELIVERY of the PRODUCTS. Concerning PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all information necessary for the proper processing of the order. The CUSTOMER must also indicate the chosen delivery method.
5.2.3. Acknowledgment of receipt
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CUSTOMER's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CUSTOMER by email, provided that the email address communicated through the registration form is correct. The SELLER does not send any order confirmation by post or fax.
5.2.4. Billing
During the ordering procedure, the CUSTOMER must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER). The CUSTOMER must in particular clearly indicate all information relating to DELIVERY, in particular the exact DELIVERY address, as well as any possible access code to the DELIVERY address. The CUSTOMER must then specify the chosen payment method. Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by email constitutes an invoice. Regardless of the order or payment method used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
5.3. Order date The order date is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE only begin to run from this date.
5.4. Price
For all PRODUCTS, the CUSTOMER will find prices displayed on the SITE in euros, all taxes included, as well as the applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or chosen mode of transport). Prices include in particular value added tax (VAT) at the rate in effect on the order date. Any change in the applicable rate may impact the price of the PRODUCTS from the date the new rate comes into force. The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold. The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales. The prices indicated are valid, except gross error. The applicable price is that indicated on the SITE on the date on which the order is placed by the CUSTOMER.
5.5. Availability of PRODUCTS
Depending on the PRODUCT concerned, the SELLER applies “just-in-time” inventory management. Consequently, depending on the case, the availability of the PRODUCTS depends on the SELLER's stocks. The SELLER undertakes to honor orders received provided that the PRODUCTS are available. The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER. In any case, if unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable. The SELLER may, at the CUSTOMER's request: Either offer to ship all the PRODUCTS at the same time as soon as the PRODUCTS out of stock are available again, Or proceed with a partial shipment of the PRODUCTS available initially, then to shipping the remainder of the order when the other PRODUCTS are available. Either offer an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
In the event of unavailability, the customer may cancel his order in full or only the unavailable products.
If the CUSTOMER decides to cancel the unavailable products in his order, he will obtain a refund of all sums paid for the unavailable PRODUCTS as well as the fraction of the corresponding transport price.
He can also decide to cancel his entire order. The total amount of his order, including delivery costs, will be refunded to him, without delay and at the latest within 14 days of payment following his request to cancel his order. In the event of a split shipment agreement, the customer will not pay additional costs.
5.6 Product information
Bronze furniture and lighting are made in Egypt by artisans in an artisanal manner. Bronze sculptures, wrought iron garden furniture and wrought iron accessories, cast irons, terracotta statues of Xi'an warriors, ceramics and porcelain in China, our lamps, chandeliers, floor lamps, stylish lighting Tiffany are made in China, all our items are new. The bronzes are not signed and are all reproductions. The dimensions are given for information purposes only; wood, marquetry and marble being natural elements may have slightly different colors or patterns. Each piece of furniture being made by hand, very often what we could call defects from an industrial point of view is proof of artisanal work, our articles are reproductions of antiques traces of wear are voluntary in order to have an authentic appearance, depending on the manufacture they may be slightly different in shade or color of wood, have additional ornaments and vice versa, as well as details compared to the presentation photo, but the quality and shape remain identical. All items are intended for private use and are not designed for commercial use. All products unless otherwise stated are intended for indoor use, and are not guaranteed to be exposed outdoors or in bad weather.
Article 6. Right of withdrawal
The terms of the right of withdrawal are provided for in the “withdrawal policy”, policy available in Appendix 1 hereof and accessible at the bottom of each page of the SITE via a hyperlink.
Article 7. PAYMENT
7.1. Means of payment
The CUSTOMER may pay for their PRODUCTS online on the SITE using the methods offered by the SELLER. The CUSTOMER guarantees to the SELLER that they hold all the required authorizations to use the chosen payment method. The SELLER will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the SITE. It is hereby specified that all payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
3X 4X WITH FEES with ONEY
- Oney's General Conditions of Sale for customers are accessible from this link
- Oney's Legal Notices accessible from this link"
Payment for your order in 3 or 4 installments by credit card from €100 of purchases up to €3000 with Oney Bank.
Our partner Oney Bank offers you a financing solution called 3x 4x Oney, which allows you to pay your purchases from € 100 to € 3000 in 3 or 4 installments with your bank card.
Conditions: This offer is reserved for individuals (adult natural persons) residing in France and holders of a Visa or MasterCard bank card with a validity date greater than
to the chosen financing duration. Systematic authorization cards such as Electron, Maestro, Nickel, etc., as well as e-cards, Indigo and American Express cards are not accepted.
Terms of subscription: After completing your order, all you have to do is click on the "3x 4x Oney payment by credit card button".
You are then redirected to our partner's 3x 4x Oney web page displaying the detailed summary of your order and the personalized financing request, which you must then validate.
You enter your personal information or, if you have a 3x 4x Oney account, you identify yourself using the login details linked to your 3x 4x Oney account. You read the general terms and conditions of payment in several installments to which you wish to subscribe, which are provided to you in PDF format so that you can read, print and save them before accepting them. You then notify your electronic acceptance by ticking the corresponding box.
You acknowledge that the "double click" associated with the checkbox on becoming aware of the general conditions constitutes consent to contract and constitutes an irrevocable and unreserved acceptance of the general conditions of the product.
Unless proven otherwise, the data recorded by Oney Bank constitutes proof of all transactions between you and Oney Bank.
If you request to benefit from a financing solution offered by Oney Bank, the information relating to your order will be sent to Oney Bank, which will use it for the purpose of studying your request for the granting, management and credit recovery.
Oney Bank reserves the right to accept or refuse your request for financing in 3x 4x Oney. You have a 14-day withdrawal period to cancel your credit.
How it works: Payment in 3 or 4 installments by credit card allows you to pay for the order placed on our merchant site in the following way:
- a mandatory contribution, debited on the day of confirmation of the shipment of your order corresponding to a third or a quarter of the order, to which are added fees corresponding to 1,59% of the total amount of the order for a 3-time payment and 2,37% for a 4-time payment (within the limit of €25 maximum for a payment in 3 times and €50 maximum for a 4-time payment);
- two or three monthly payments, each corresponding to a third or a quarter
of the order, collected 30 and 60 days later for the 3 times and 30, 60 and 90 days later for the 4 times.
- Payment in 3 installments from 100€ of purchase and up to 3000€ Example: For a purchase of 150€, contribution of 52,38€ then 2 monthly payments of 50€.
Credit for a period of 2 months at a fixed APR of 19,31%. Cost of financing: €2,38 up to a maximum of €25.
- Payment in 4 installments from 100€ of purchase and up to 3000€
Example: For a purchase of €400, contribution of €109,48 then 3 monthly payments of €100.
3-month credit at a fixed APR of 19,61%. Cost of financing: € 9,48 within the limit of € 50 maximum.
Oney Bank – SA with capital of €51 – Head office: 286 avenue de Flandre 585 CROIX
– RCS Lille Métropole 546 380 197 – Orias number: 07 023 261 – www.orias.fr – Correspondence: CS 60006 – 59 895 Lille Cedex 9 – www.oney.fr "
7.2. Payment date
In the event of a single payment by credit card, the CUSTOMER's account will be debited as soon as the PRODUCTS order is placed on the SITE. In the event of partial DELIVERY, the total amount will be debited from the customer's account, the delivery costs will be at no extra charge for the following packages. If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.
7.3. DELAY OR REFUSAL OF PAYMENT
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service in order to pay for the order by any other valid means of payment. In the event that, for whatever reason, opposition, refusal or other, the transmission of the flow of money owed by the CUSTOMER proves impossible, the order will be cancelled and the sale automatically terminated.
7.4 ONE-TIME PAYMENT
Payments will be made by credit card; they will be made through the secure Payplug Banque Populaire system which uses the SSL (Secure Socket Layer) protocol so that the information transmitted is encrypted by software and no third party can read it during transport on the network.
Article 8. Proof and Archiving
Any contract concluded with the CUSTOMER corresponding to an order for an amount greater than 120 euros including tax will be archived by the SELLER for a period of ten (10) years in accordance with article L. 231-1 of the Consumer Code. The SELLER agrees to archive this information in order to monitor transactions and to produce a copy of the contract at the CUSTOMER's request. In the event of a dispute, the SELLER will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The SELLER remains the owner of the PRODUCTS delivered until their full payment by the CUSTOMER. The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage of the PRODUCTS subject to the reservation of property, as well as the risks of damage that they may cause.
Article 10. Delivery
The terms of DELIVERY of PRODUCTS are provided for in the “delivery policy” referred to in Appendix 2 hereof and accessible at the bottom of each page of the SITE via a hypertext link.
Article 11. Packaging
The PRODUCTS will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to respect the same standards when returning PRODUCTS under the conditions set out in Appendix 1 – Withdrawal policy. 7 /
Article 12. TRANSPORT and INSURANCE – Damage
All our shipments include insurance, in the event of breakage, our company replaces or reimburses the damaged items, for this we bring to your attention the legislation in force:
As soon as the consumer takes possession of the good, the risk of loss or damage is transferred to him.
Therefore, it is important to:
– Do not sign the delivery note before having checked the contents of the packages and the condition of the goods;
do not give in to pressure from delivery people, take the time to examine your merchandise.
– The consumer may choose to entrust delivery to a carrier other than those offered by the professional, but in this case, the risks of loss or damage to the goods are transferred by the seller to the carrier chosen by the consumer, as soon as the latter -he took possession of the goods.
It is strongly recommended to check the condition of the goods in front of the delivery person but in any case, the customer has the right to make complaints in the absence of the delivery person in order to obtain support. damaged goods delivered, according to the implementation methods provided for in Articles L.133-3 of the Commercial Code and Article L224-65 of the Consumer Code.
Article L216-4
Any risk of loss or damage to the goods is transferred to the consumer at the moment when the latter or a third party designated by him, and other than the carrier proposed by the professional, takes physical possession of these goods.
Article L133-3
Receipt of the transported objects extinguishes any action against the valet for damage or partial loss if within three days, not including public holidays, following that of this receipt, the recipient has not notified the valet, by extrajudicial act or by registered letter, its reasoned protest. If within the time limit provided above a request for expertise is made in application of article L. 133-4, this request constitutes a protest without it being necessary to proceed as required. said in the first paragraph. Any stipulations to the contrary are null and void. This last provision is not applicable to international transport.
Article L224-65
When the consumer personally takes delivery of the transported objects and when the valet does not justify having given him the opportunity to actually verify their good condition, the deadline mentioned in article L. 133-3 of the commercial code which extinguishes any action against the valet is extended to ten days.
In case of breakage
It is best to leave broken goods with the carrier and keep everything in good condition. But remember to refuse the sets, example: you receive a pedestal table and a chest of drawers, the marble of the chest of drawers is broken, you can keep the pedestal table, leave the chest of drawers and the marble to the delivery person, do not keep the chest of drawers, do the same if it is another set (eg: a table with a glass).
We will replace the broken goods upon receipt of the return or reimburse you for them and the corresponding transport costs.
Article 13. Responsibility
The SELLER's liability cannot under any circumstances be incurred in the event of non-performance or poor performance of contractual obligations attributable to the CUSTOMER, in particular when entering their order. The SELLER cannot be held responsible, or considered to have failed herein, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by case law. French courts and tribunals. It is also specified that the SELLER does not control the websites which are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published there. Links to third party websites are provided for convenience only and no warranty is provided as to their content.
Article 14. Personal data
The SELLER collects personal data concerning its Customers on the SITE, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser. The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER's account, analyze orders and, if the CUSTOMER has chosen this option, send them commercial prospecting letters, newsletters, offers. promotional and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER. The CUSTOMER's data is kept confidentially by the SELLER in accordance with its declaration made to the CNIL, for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email. The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its business partners, provided that they have given their prior consent when registering on the SITE. The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time on the SITE or by contacting the SELLER. The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners. In accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, the CUSTOMER has the right to access, rectify, oppose (for legitimate reasons) and delete their personal data. They can exercise this right by sending an email to the following address: service.clients@htdeco.fr or by sending a letter to SAR TOUFAU – ZA Champ au Roi – 70000 Vaivre et Montoille – France. It is specified that the CUSTOMER must be able to prove their identity, either by scanning an identity document or by sending the SELLER a photocopy of their identity document.
The customer has the possibility of registering on the list of opposition to telephone canvassing on the site www.bloctel.gouv.fr .
Article 15. Complaints
The SELLER provides the CUSTOMER with a “Customer Telephone Service” at the following number: 0962526554 (non-premium rate number). Any written complaint from the CUSTOMER must be sent to the following address: SAR TOUFAU – ZA Champ au Roi – 70000 Vaivre et Montoille – France. The online payment platform for European Commission disputes can also help you, especially in the case of cross-border purchases.
The seller provides the customer with the following mediation services:
“In accordance with article L. 612-1 of the Consumer Code, you can use the CM2C mediation service free of charge to which we operate:
To enter CM2C you have 3 ways to submit your file:
By using their online service on the site, you fill out your request form, possibly accompanied by supporting documents for the file. By mail, to the following address: CM2C – 14 rue Saint Jean 75017 Paris – France – By email, to: cm2c@cm2c.net
Article 16. Intellectual property
All visual and audio elements of the SITE, including the underlying technology used, are copyrighted
ed by copyright, trademark and/or patent law. These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request authorization from the SELLER in writing. This authorization from the SELLER will under no circumstances be granted definitively. This link must be deleted at the request of the SELLER. Hypertext links to the SITE which use techniques such as framing or insertion by hypertext links (in-line linking) are strictly prohibited.
Royaldecorations and Htdeco are trademarks registered with the INPI by Sarl Toufau.
Our sites and their contents are protected by copyright.
You can consult these repositories:
http://www.copyrightfrance.com/certificat-depot-copyright-france-U53A1E2.htm
http://www.copyrightfrance.com/certificat-depot-copyright-france-5RR31B6.htm
Article 17. Validity of the General Conditions
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions cannot affect the validity of these General Conditions. Such a modification or decision does not in any way authorize CUSTOMERS to disregard these General Conditions. All conditions not expressly addressed herein will be governed in accordance with customary practice in the retail sector, for companies whose head office is located in France.
Article 18. Modification of the General Conditions
These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online. The General Conditions are precisely dated and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order. Changes to the General Conditions will not apply to PRODUCTS already purchased.
Article 19. Jurisdiction and applicable law
These General Conditions as well as the relations between the CUSTOMER and the SELLER are governed by French law.
In case of dispute, only the French courts will be competent.
However, prior to any recourse to the arbitration judge or state, will be privileged bargaining in a spirit of loyalty and good faith in order to reach an amicable agreement upon the occurrence of any conflict relating to this contract, including its validity.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict. If after a period of fifteen (15) days, the parties are unable to reach an agreement, the dispute will be submitted to the competent court designated below.
Throughout the negotiation process and until its outcome, the parties refrain from taking any legal action against each other and for the conflict subject to negotiation. As an exception, the parties are authorized to refer the matter to the court for summary proceedings or to request the issuance of an order upon request. A possible action before the summary jurisdiction or the implementation of a procedure on request does not entail on the part of the parties any waiver of the amicable arrangement clause, unless expressly wished otherwise.
ARTICLE 20. Product information
Bronze furniture and lighting fixtures are made in Egypt by artisans in an artisanal manner. Bronze sculptures, wrought iron garden furniture and wrought iron accessories, cast iron, terracotta statues of Xi'an warriors, aviator-style furniture, ceramics and porcelain in China, our lamps, chandeliers, floor lamps, Tiffany-style lighting fixtures are made in China, all our items are new. The bronzes are not signed and are all reproductions. The dimensions are given for information purposes only, our handcrafted items may have different dimensions up to 10% more or less, colors, patterns, additional ornaments and vice versa, the bronze ornaments on the furniture may be different in dimensions and patterns from those presented on the product sheet, depending on arrivals. The seat heights may vary slightly between a seat of the same model depending on its padding, the material being flexible, the height changes when the person sits. Woods, marquetry and marbles being natural elements may have slightly different colors or patterns. Secondary elements such as desk pads may be different colors than as shown. All our items are reproductions of old objects, the worn and antique appearance is intentional. If you need a specific dimension or want to have information for an object it is best to contact us beforehand. The weight is indicated including packaging, to know the weight of a single product, deduct approximately 15% of the indicated weight.
ARTICLE 21. Legal guarantee
| When acting under the legal guarantee of conformity, the consumer: - benefits from a period of two years from delivery of the goods to act; - can choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code; - is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods. The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted. Finally, it is recalled that the consumer may decide to implement the guarantee against hidden defects in the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. Our commercial warranty is two years. |
You can contact the after-sales service at these coordinates: SARL TOUFAU – Manager: Marc Andréoli ZA Champ au roi 70000 Vaivre et Montoille – FRANCE- Tel: 09.62.52.65.54 Fax: 09.72.61.88.15 toufau@wanadoo.fr
ANNEX 1
RETRACTATION POLICY
Principle of withdrawal
The CUSTOMER has in principle the right to return or return the PRODUCT to the SELLER or to a person designated by the latter, without undue delay, and at the latest within fourteen (14) days following communication of his decision to withdraw, unless the SELLER offers to collect the PRODUCT himself.
Withdrawal period The withdrawal period expires fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the PRODUCT.
If the CUSTOMER's order covers more than one PRODUCT and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day the CUSTOMER, or a third party other than the carrier and designated by the CLIENT, physically takes possession of the last PRODUCT.
Notification of the right of withdrawal To exercise his right of withdrawal, the CUSTOMER must notify his decision to withdraw from this contract by means of an unambiguous declaration to: SAR TOUFAU – ZA Champ au Roi – 70000 Vaivre et Montoille – France or service.clients@htdeco.fr.
He can also use the form below:
-------------------------------------------------- ---------------
RETRACT FORM
To the attention of the SARL TOUFAU, ZA Champ to the king, 70000 Vaivre and Montoille, France
SELLER's telephone number*: 09.62.52.65.54
SELLER'S FAX number*: 03.55.03.56.45
SELLER's email address*: service.clients@htdeco.fr
I hereby notify you of my retraction of the contract for the sale of the PRODUCT below:
PRODUCT reference Invoice number:
N ° of the purchase order:
– Ordered on [____________]/received on [________________] –
Payment method used:
- Name of the CLIENT and, if applicable, the beneficiary of the order:
- CLIENT's address:
- Delivery address :
- CLIENT's signature (except in the case of transmission by email)
- Date
——————————————————————————————————————————————————— ————————————————-
In order for the withdrawal period to be respected, the CLIENT must transmit his communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of the retraction
In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse all sums paid, including delivery costs without undue delay and, in any event, no later than fourteen (14) days from from the day the SELLER is informed of the CUSTOMER's desire to withdraw.
The SELLER will make the reimbursement using the same means of payment as that which the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different means, in any event, this reimbursement will not incur any costs. to the customer.
The SELLER may defer the reimbursement until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, the date chosen being that of the first of these facts.
The responsibility of the CUSTOMER is engaged only with respect to the depreciation of the good resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of this PRODUCT. In other words, the CUSTOMER has the opportunity to test the PRODUCT but his liability may be incurred if he proceeds to manipulations other than those that are necessary.
Terms of return
The CUSTOMER must, without undue delay and, in any event, no later than fourteen (14) days after communication of its decision to withdraw from this contract, return the goods to: SARL TOUFAU – ZA Champ au Roi – 70000 Vaivre and Montoille – France. Whatever the reason for return, it is up to the customer to return their order, to choose their carrier, in accordance with the law the return costs are the responsibility of the customer.
This deadline is deemed to be respected if the CUSTOMER returns the goods before the expiry of the fourteen-day period.
We advise you to reship the ordered items in the same way as for your delivery, small packages can be returned by post, for seats and furniture by a carrier on pallets, choice of carrier and order and collection and at the expense of the customer.
We advise you to take out insurance from the carrier, because in the event that the package is returned and broken during its return, the package will be refused and it will be up to you to claim your carrier's insurance for any reimbursements or compensation.
If the package cannot be checked upon receipt, the following applies:Article L 133-3 of the French Commercial Code, the receipt of the transported objects extinguishes any action against the carrier for damage or partial loss if within three days, not including public holidays, following that of this receipt, the recipient has not notified the carrier, by extrajudicial act or by registered letter, of his reasoned protest. If within the period provided for above a request for an expert appraisal is made in application of Article L. 133-4, this request is considered a protest without it being necessary to proceed as stated in the first paragraph. Any stipulations to the contrary are null and void. This last provision is not applicable to international transport.
Return fees
The CUSTOMER must bear the direct costs of returning the goods. Condition of the returned item The PRODUCT must be returned following the SELLER's instructions and include in particular all the accessories delivered.
Small packages can be returned by post.
For furniture and seats, we advise you to ship them by carrier, here is an estimate of the delivery costs for mainland France on a pallet:
Weight up to 30 Kgs……………………………………€65 incl. tax
Weight up to 40 Kgs……………………………………€85 incl. tax
Weight up to 50 Kgs……………………………………€95 incl. tax
Weight up to 60 Kgs…………………………………..105 € incl. tax
Weight up to 70 Kgs……………………………………€115 incl. tax
Weight up to 80 Kgs……………………………………€125 incl. tax
Weight up to 90 Kgs……………………………………€145 incl. tax
Weight up to 100 Kgs………………………………….155 € incl. tax
Weight up to 130 Kgs…………………………………..180 € incl. tax
Weight up to 160 Kgs……………………………………€225 incl. tax
Weight up to 190 Kgs……………………………………€255 incl. tax
Weight up to 250 Kgs……………………………………€340 incl. tax
Weight up to 350 Kgs……………………………………€430 incl. tax
Weight up to 500 Kgs……………………………………€700 incl. tax
These prices are estimates for an individual making a shipment, they may vary depending on the department of departure and delivery and the volume, for Corsica + 50% at these prices.
Packaging
The PRODUCTS are packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS must adhere to the same standards when returning PRODUCTS. As such, the CUSTOMER is invited to return the PRODUCT that does not suit them in its original packaging and in good condition, suitable for its remarketing.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following hypotheses:
- Supply of goods or services whose price depends on fluctuations in the financial market
- Supply of goods made according to the CUSTOMER's specifications or clearly personalized
- Supply of goods likely to deteriorate or expire quickly
- Supply of sealed audio or video recordings or software that has been unsealed after delivery
- Newspaper, periodical, magazine (except subscription contract)
- Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services linked to leisure activities if the offer provides for a specific date or period of execution Supply goods which by their nature are inseparably mixed with other articles
- Supplies of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CUSTOMER after DELIVERY
- the supply of alcoholic beverages whose price was agreed at the time of conclusion of the sales contract, delivery of which can only be made after 30 days and whose real value depends on fluctuations on the market beyond the control of the SELLER
- Supply of digital content not provided dematerialized if the execution has started with the express prior agreement of the consumer, who has also recognized that he will thus lose his right of withdrawal from contracts concluded during a public auction
The withdrawal conditions cited apply to countries of the European community. Returns for countries outside the European community are made under the DDP incoterm which is the responsibility of the customer. Returns made that do not meet this incoterm will have the corresponding amounts deducted from the refunds.
ANNEX 2
DELIVERY POLICY
Delivery area The PRODUCTS offered can only be delivered within the TERRITORY. It is impossible to place an order for any delivery address located outside this TERRITORY.
The PRODUCTS are sent to the delivery address (es) that the CUSTOMER will have indicated during the ordering process.
The PRODUCTS are shipped to the delivery address(es) that the CUSTOMER will have indicated during the ordering process. The delivery rates are for accessible delivery by the carrier. It is up to the customer to check whether their street is accessible to delivery trucks before ordering. All orders will be treated as accessible. We will not take into account comments indicating that the road is inaccessible. In the event of an inaccessible street (narrow street, traffic ban, etc.) requiring a supplement or making delivery impossible, the additional transport or return costs will be borne by the customer. Deliveries are understood to be to the door of your home and downstairs of the building. Delivery people are not required to install or reassemble the furniture. Sometimes the driver may kindly agree to give you help, but we advise you to arrange for assistance if you are unable to install it yourself or if it is particularly large. It is sometimes possible, depending on the Géodis agencies, to deliver upstairs, this is a paid service. It is not always possible to make a delivery inside your home, each agency has its own delivery policy. It is therefore imperative to contact us by phone or email before placing your order and to inquire with the Géodis carrier, only the carrier is able to provide you with a quote and indicate the feasibility, each delivery being different, floor, staircase, street, weight...
delivery time
The deadlines for preparing an order and then issuing the invoice, before shipping PRODUCTS in stock, are mentioned on the SITE. These deadlines exclude weekends or public holidays. An electronic message will be automatically sent to the CUSTOMER at the time of dispatch of the PRODUCTS, provided that the electronic address appearing in the registration form is correct.
Delivery times & costs
During the ordering process, the SELLER indicates to the CUSTOMER the possible shipping times and formulas for the PRODUCTS purchased.
Shipping costs are calculated based on the delivery method. The amount of these costs will be due by the CUSTOMER in addition to the price of the PRODUCTS purchased.
The details of delivery times and charges are detailed on the SITE.
Shipments outside the European community are sent under the conditions of the DAP incoterm.
Terms of DELIVERY
The package will be delivered to the CUSTOMER against signature and upon presentation of an identity document.
In the event of absence, a notice will be left with the CUSTOMER, to allow him to contact the delivery agency.
DELIVERY problems
The CUSTOMER is informed of the delivery date set at the moment he chooses the carrier, at the end of the online ordering procedure, before confirming the order.
It is specified that deliveries will be made within thirty (30) days maximum. Otherwise, the CUSTOMER must give notice to the SELLER to deliver within a reasonable time and in case of non-delivery within this period, he may terminate the contract.
The SELLER shall refund, without undue delay upon receipt of the termination letter, the CUSTOMER the total amount paid for the PRODUCTS, including taxes and delivery charges, using the same method of payment as that used by the CLIENT to purchase products.
The SELLER is responsible until delivery of the PRODUCT to the CUSTOMER. Please note that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss noted during delivery.
Legal Notice:
SARL TOUFAU – Manager: Marc Andréoli
ZA Champ au roi
700000 Vaivre and Montoille
FRANCE
tel: 09-62-52-65-54
Fax: 03-84-96-05-75
toufau@wanadoo.fr
Sarl with capital of €6000 - RCS Vesoul Gray 479704603 – Management number: 2004 B 212 – Siren: 47970460300014 APE code: 519 B – VAT number: FR 93479704603
The Sarl Toufau websites are hosted by: OVH – SAS with capital of €10 RCS Roubaix – Tourcoing 000 000 424 761 – APE code 419A – VAT number: FR 00045 6202 22 424 – Head office: 761 rue Kellermann 419 Roubaix – France. More info: http://www.ovh.com