Terms of Sales
1 - FIELDS OF APPLICATION
The present general conditions of sale apply to any consultation or order placed on the Internet site www.passionnement-meuble.com and its derivative addresses (hereinafter "the Site") SARL PASSIONNEMENT MEUBLE district st vincent RD562 83440 MONTAUROUX. Registered 491 192 092 in the Commercial Register of Draguignan, for the purchase of goods to be delivered in mainland France. The confirmation of the order by the buyer implies unreserved acceptance of the present general conditions of sale which prevail on all the previous versions or specification emanating from the buyer, including by exchange of emails.
2 - ORDERS
2.1 PRODUCT OFFER
The Products are presented in accordance with legal requirements and as accurately as possible.
Differences between the Products delivered and those represented on the Site or the catalog may exist, mainly for Artisanal Products for which the homogeneity of production can not be perfectly assured or for those which have been the subject of adaptations related to the Technical or technological developments. These differences, since they do not relate to the essential characteristics of the Products and do not affect their quality, will not justify cancellation of the order or refusal of delivery. Since the perfect representation of the Products on the Website and / or the catalogs can not be guaranteed, in particular due to differences in color rendering by the Internet browsing software and / or visualization monitors, Passionnément Meuble can not be Responsible for the inaccuracy of the photographs on the Site.
2.2 ACCEPTANCE DISCONTINUED
The order is firm for the buyer as soon as the order is confirmed. For Passionnément Meuble from the validation of the settlement and the confirmation of the taking into account of the order.
3 - PRICE / PAYMENT
3.1 PRICES OF PRODUCTS
The prices of the Products are indicated in euros, taxes linked to the sale of the Products, including VAT, included. They are guaranteed until the new catalog is published.
3.2 DELIVERY FEES
The delivery of your furniture can be carried out by carrier. The delivery costs are indicated when ordering and are calculated according to the volume ordered. These delivery costs are included excluding assembly of delivered goods disassembled. The delivery rate is understood to be delivered on foot, with direct access to the place of delivery, without any floor or difficulties of routing.
3.3 PAYMENT
The payment is made in euros exclusively, in full with the order, by credit card.
In case of default of payment of the credit card within 8 days from the confirmation of the order by the buyer, the order will be considered canceled.
Credit card payments are secured by the HSBC OGONE solution, in compliance with French and international interbank regulations. This solution allows the buyer to make his purchases of Products safely. The bank details of the purchaser paying by credit card are not kept by Passionnément Meuble and are transmitted directly to HSBC OGONE.
As part of its efforts to combat fraud on the Internet, Passionnément Meuble may be required to verify bank details and / or identity of customers before any delivery. By placing his order on the Passionnément Meuble website, the customer undertakes to provide Passionnément Meuble with the proofs requested. Failing to communicate the items requested by Passionnément Meuble within the prescribed period, the latter reserves the right to cancel the order subject to verification.
Since orders are only taken into account after validation of their payment, no discount or penalty for late payment is applicable.
3.4 INVOICING
The invoice addressed to the buyer includes the information indicated by the buyer in his customer account. The buyer has the possibility to modify this data on the occasion of any new order placed on the site.
The purchaser acting as a professional is required to contact the Professional Services Passionnément Meuble - prior to the definitive validation of any order - for the establishment of any invoice for professional use. The professional client will communicate to Passionnément Meuble all the information necessary for the establishment of such an invoice, including its intra-Community VAT number.
4 - DELIVERY
4.1 DELIVERY TERMS
Delivery by carrier: The delivery of your order will be made by a carrier specialized in the delivery of furniture. Your furniture will be delivered under cover or under cardboard or on pallet to give them maximum protection. The delivery service will contact you to set a delivery date within the deadlines mentioned on your order summary.
Attention, it is up to you to check before the order, especially in terms of size and volume, that your products can be routed through the access routes to the place of delivery.
Your items will be delivered by appointment according to the deadlines indicated for each product, add the delivery time of the carrier to your home; From the confirmation of the order, on the date agreed with the Passionnément Meuble carriers (unless otherwise indicated at the time of the order
On a quotation accepted by the buyer and Passionnément Meuble, the buyer must mention the obstacles to a delivery by the normal access routes (stairs, lift, landing doors) on the order form and remind the carrier.
It is the buyer's responsibility to verify prior to placing the order, in particular with regard to the specifications of the Products in terms of size and volume, that these can be carried by the access routes to the place of delivery.
The impossibility for the carriers of Passionnément Meuble to deliver on the agreed date the Products, in case of absence of the buyer or lack of information on the need to resort to specific means of delivery, can give rise to the payment Additional shipping costs and / or cancellation of the order by Passionnément Meuble.
The risks of the Product are transferred to the buyer on the date of payment of the order of the Products and delivered by the carriers of Passionnément Meuble on the date of delivery agreed with them.
In cases where the respective availability dates of the Products of an order are different, Passionnément Meuble will propose to the buyer to split his order. In the case of a fractional delivery, the participation in the delivery costs referred to in point 3.2. Will be applied to each fraction of the order. In the absence of split delivery, delivery will occur on the date of availability of all the Products ordered.
The delivery time is subject to special conditions. It is understood to the delivery to our warehouses of Montauroux, at the disposal of the customer. The delay of a home delivery takes place in addition to this period and will be concluded later with the customer, according to his availabilities, if he decides to use this service. The home delivery rate is extra. The delivery date is only indicative, giving priority to the oldest orders. Delivery times are given as an indication and take into account the information of our suppliers and the optimum conditions of delivery. In the event of a delay due to our suppliers or due to unforeseen road transport, the store can not in any case be responsible for this delay. Delays in deliveries shall not give rise to any compensation or reimbursement.
4.2 RECEIPT AND CLAIMS
The buyer must carry out all necessary examinations at the time of delivery to detect any damage, deficiencies, defects or other apparent defects or non-conformity of the Products delivered to his order. The purchaser shall in particular verify the condition of the packages, the number of packages and the Products in their quantities, references, condition and characteristics.
In case of complaint, the buyer must contact the services of Passionnément Meuble.
Under penalty of inadmissibility of his request, the buyer must:
· Provide precise and reasoned reservations in case of damage or missing on the delivery note, since general reserves such as "subject to unpacking" are insufficient,
· Confirm its reserves for missing or damaged and formulate its other reserves, by registered letter with acknowledgment of receipt to the customer service of Passionnément Meuble, district St Vincent RD562 - 83440 MOTAUROUX.
· Confirm its reserves for missing or damage by registered letter with acknowledgment of receipt to the carrier, within 3 days, excluding public holidays, after delivery.
The buyer must send a copy of this claim to Passionnément Meuble within the same timeframe.
The purchaser must also be able to provide any justification as to the reality of the claims invoked and allow Passionnément Meuble, its carriers or any person authorized by them to exercise any facility for establishing them, the buyer To refrain from intervening or to involve a third party for this purpose.
The accepted claims will give rise to the exchange of the defective or non-conforming Product, or to its reimbursement in case of unavailability of the Product in stock or suppliers. The returned Product must be delivered to the Passionnément Meuble carriers in perfect condition, in its original packaging and equipped with all its accessories. No spontaneous return, without the agreement of Passionnément Meuble, will be accepted.
5 - PRODUCT WARRANTY / LIABILITY
5.1 EXTENT OF WARRANTY
The Products are warranted for a period of one year from delivery against any defects in workmanship, design or materials. During the warranty period, Passionnément Meuble undertakes, at its option, to exchange or refund the Products recognized as defective by its services. The Products exchanged are covered by the guarantee for the remaining period. The following are excluded from the warranty:
· Damage to the Product resulting from its normal wear and tear, having regard to its nature, function, composition and price;
· The slight differences found on the Products as defined in Article 2.1;
· Products which have been used too intensively, notably for purposes other than private use;
· Any defects in the Product which may result from improper installation, storage, storage, or assembly (failure to observe the installation instructions), malfunction, misuse, (Non-observance of maintenance and maintenance), alterations or repairs by the purchaser or third party, damage caused by external objects (TV set Excessive weight on furniture not designed for this purpose), external events such as accidents, shocks, fires, acts of vandalism, water damage, natural or artificial lights (in case of discoloration), natural disasters or bad weather.
5.2 IMPLEMENTATION OF THE WARRANTY
To implement the warranty, the buyer will contact Passionnément Meuble customer service at the following number: 04.94.39.83.83
The presentation of the original invoice will be required to benefit from the guarantee.
5.3 LEGAL WARRANTIES
The Products are guaranteed against possible defects of conformity and defects hidden under the conditions stipulated by the provisions of the Code of consumption and the Civil Code.
Excerpts from the Consumer Code:
· Art. L. 211-4. - The seller is obliged to deliver goods conforming to the contract and is liable for defects of conformity existing at the time of issue.
It also answers to the defects of conformity resulting from the packaging, the assembly instructions or the installation when this was charged to it by the contract or was carried out under its responsibility.
· Art. L. 211-5. - In order to comply with the contract, the property must:
· 1. Be fit for the usual expected use of a similar good and, where applicable:
· § correspond to the description given by the seller and possess the qualities which he has presented to the buyer in the form of a sample or a model;
· § present the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2. Or present the characteristics defined by mutual agreement by the parties or be specific to any special purpose sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.
· Art. L. 211-12. - The action resulting from the lack of conformity is prescribed by two years from the delivery of the property.
Extracts from the Civil Code:
· Art. 1641: The seller is liable for the hidden defects of the thing sold which make it unsuitable for the use for which it is intended or which diminish such use so much that the buyer would not have acquired it; Would have given a lesser price if he had known them.
· Art. 1648: The action resulting from the redhibitory defects must be instituted by the purchaser within two years from the discovery of the defect.
5.4 LIABILITY OF Passionnément Meuble
The liability of Passionately Furniture for the Products delivered, including within the framework of the applicable contractual or legal guarantees, is limited to the price of the Defective or non conforming products. Passionnément Meuble shall not be liable for compensation for consequential damages or any other financial loss suffered by the buyer or a third party.
6 - RIGHT OF RETRACTION
The purchaser has a right of withdrawal of 14 calendar days from the day of receipt of the Products. This option is not applicable to Products manufactured according to the specifications of the buyer, tinted according to demand, clearly personalized or which, because of their nature, can not be re-shipped or are liable to deteriorate.
To exercise its right of withdrawal, the buyer must return the retraction form, to the customer service of Passionnément Meuble, within the aforementioned 14 days, by registered letter with acknowledgment of receipt to the following address:
Passionately Furniture
Neighborhood St Vincent
RD562
83440 MONTAUROUX
The exercise of the right of withdrawal by the consumer entails for him the obligation to return, at his expense, the Products whose order has been canceled within a period of 14 days from the exercise of the right of withdrawal in a Perfect condition and in their original packaging.
The request will be immediately forwarded to the customer service who will contact the buyer to organize the re-shipment of the product and indicate the procedure to be followed, which differs depending on the shipping method of origin of the product.
Shipping costs are the responsibility of the purchaser, except in case of non-conformity of the articles.
The buyer shall be reimbursed, as soon as possible and at the latest within 14 days following the date on which the right of withdrawal has been exercised, of the totality of the sums paid by him, provided that Passionnément Meuble has received The Product in perfect condition, in its original packaging and equipped with all its accessories.
7 - USE OF THE WEB SITE
7.1 INTELLECTUAL PROPERTY
The elements published on the site of Passionnément Meuble including logos, registered trademarks, texts, photographs, images, drawings, models or paintings constitute works protected by intellectual property rights or rights of the person. The reproduction or representation, total or partial, of this site is therefore prohibited without the prior express agreement of the owners of these rights and would constitute an infringement sanctioned by the provisions of the Code of the intellectual property and / or a fault of nature To incur civil liability for violations of the foregoing rights.
7.2 USER RESPONSIBILITY
The navigation on the site www.passionnement-meuble.com is the sole responsibility of the users. Passionnément Meuble will not be held liable for any malfunctions, errors or computer viruses that could impede the continuity of access to its site or to malfunctions in the computer installation of users that could be detected as a result of Access to the site. Consequently, it can not be held liable for any direct or indirect damage that may be linked to the use, access to its site or to the downloading of elements kept on the site (images, texts, video files).
7.3 COMPUTER AND FREEDOM LAW
To record and process buyer orders and / or respond to requests for information, Passionnément Meuble collects personal data about these people.
They have a right of access, rectification, opposition and deletion of these data, in accordance with the provisions of the law "Informatique et Libertés" of 6 January 1978.
8 - FORCE MAJEURE
No Party may be held liable for non-fulfillment, in whole or in part, of its obligations if such non-performance is due to the unforeseeable event or to the occurrence of an element constituting force majeure such as, in particular, Flood, fire, storm, shortage of raw materials, a transport strike, partial or total strike, or lock-out. The Party having been affected by such events shall notify the other Party as soon as possible and no later than five (5) working days after the occurrence of that event.
The parties agree that they will have to consult together as soon as possible in order to determine together the modalities of execution of the order during the duration of the case of force majeure.
9 - MISCELLANEOUS
9.1 PROOF:
By express agreement between Passionnément Meuble and the buyer, e-mails will be authentic between the parties as well as the automatic registration systems used on the Site, in particular as to the nature and the date of the order.
The buyer may accede to the electronic contract concluded with Passionnément Meuble in accordance with the rules of ordinary law. To this end, he / she shall contact the customer service by e-mail and provide all necessary information, including the order number and contact details.
9.2 NON-PARTIAL VALIDITY:
If one or more provisions of these general conditions of sale are held to be invalid or declared to be invalid or under a law, a regulation or as a result of a final decision of a competent court, the other stipulations shall Their strength and scope
9.3 NO WAIVER:
The fact that one of the Parties has not required the application of any clause of these general conditions of sale, either permanently or temporarily, can under no circumstances be considered as a waiver of the rights of That Party arising out of that clause.
9.4 TITLE
In case of difficulty of interpretation between any of the titles of the articles and chapters and any of the clauses, the titles are deemed non-existent
9.5 MODIFICATION OF THE GENERAL CONDITIONS OF SALE:
Passionnément Meuble reserves the right to modify the present general conditions of sale. Any new version of these will be posted on the Site.
The online version on the Site at the time of the order by the buyer shall prevail over any other version of the present general conditions of sale.
9.6 ENTIRE AGREEMENT:
These general conditions of sale and the order summary sent to the buyer form a contractual package and constitute the entirety of the contractual relations between the parties.
10 - APPLICABLE LAW / JURISDICTION
The relations between the purchasers and Passionnément Meuble, in respect of orders placed on the Site will be governed by French law.
IN THE EVENT OF A DISPUTE WHICH CAN NOT BE RESOLVED FRIENDLY, ANY JUDICIAL ACTION WILL BE, UNDER THE PROVISIONS OF ARTICLE 48 OF THE NCPC, OF THE EXCLUSIVE JURISDICTION OF THE COMPETENT COURTS OF THE REGISTRATION OF THE REGISTERED OFFICE OF THE OFFICE OF THE PASSIONING SOCIETY FURNISHING, NON-BINDING PLURALITY OF DEFENDERS OR CALL FOR WARRANTY, INCLUDING FOR EMERGENCY PROCEDURES, CONSERVATORY PROCEDURES FOR REFERENCE OR REQUEST E.
PASSIONNEMENT MEUBLE SARL with a capital of 100 000 €
Area St Vincent RD562
83440 MONTAUROUX
RCS DRAGUIGNAN 491 192 092
Phone: 04 94 39 83 83
