General conditions of sale
1. PURPOSE
1.1 The purpose of this agreement is to provide for the conditions of distance selling and delivery of the PRODUCTS (hereinafter the “PRODUCTS”) offered for sale on the website accessible under
the address https://laboutiquedudesign (hereinafter the “SITE”), by LaBoutiqueduDesign – (hereinafter the “SELLER”), a single-member SARL registered with the Grenoble trade and companies register under number 824 122 725, having its registered office at 58 Avenue de Chartreuse 38240 MEYLAN,
France Tel: +33 7 86 00 93 07, email: laboutiquedudesign@outlook.com
1.2 The “CUSTOMER” is understood within the meaning of these Conditions as any natural or legal person making a purchase of PRODUCTS through the SITE.
1.3 The creation of a Customer Account and the placing of an order by the CUSTOMER on the SITE imply the acceptance by the latter, without reservation, of these General Conditions of Sale.
2. PRODUCTS AND THEIR AVAILABILITY
2.1 La Boutique du Design offers on the SITE the online sale of vintage furniture PRODUCTS, i.e. second-hand, renovated or not, as well as a selection of contemporary PRODUCTS. The SELLER is free to select the PRODUCTS offered for sale on the SITE and reserves the right to modify this selection at any time.
2.2 Each of the descriptive sheets of the PRODUCTS on sale on the SITE establishes a detailed description of the PRODUCT concerned. However, only a description of the PRODUCT and the essential characteristics of the PRODUCTS are mentioned. The photographs illustrating the PRODUCTS presented are intended to give a representation of the PRODUCTS as close as possible to reality, without
However, the SELLER cannot guarantee the exact rendering of the tones and colors of the PRODUCTS compared to the visuals of the PRODUCTS displayed on the SITE.
2.3 The SELLER strives to provide CUSTOMERS with the most reliable and qualitative information possible concerning the PRODUCTS on sale on the SITE, but does not guarantee the accuracy and completeness of this information. The CUSTOMER is invited to contact the SELLER's customer service
to the contact details given in Article 12. The SELLER offers its CUSTOMERS advice equivalent to that which they could receive in store, within the limits of the possibilities offered by a telephone interview.
2.4. The offers of PRODUCTS and prices are valid as long as they are visible on the SITE, and under the availability conditions provided at the time the order is placed.
2.5 In the event of temporary or permanent unavailability of the ordered PRODUCT, the CUSTOMER may request cancellation of their order. In this case, the SELLER will proceed with the corresponding refund under the conditions referred to in Article 8.
3. ORDER
3.1 CUSTOMER REGISTRATION
3.1.1 Placing an order on the SITE is subject to the CUSTOMER completing a form on the SITE and to validation of these General Conditions of Sale.
3.1.2 When creating his order, the CUSTOMER undertakes to provide accurate and truthful information about his situation, as well as to regularly check his data before each new order, and to make any necessary changes online in his customer account, if necessary. The SELLER draws the CUSTOMER's attention in particular to the need for the latter to provide a valid email address and telephone number.
3.1.3 The CUSTOMER must have the legal capacity to place an order on the SITE. The SELLER reserves the right, at its discretion, to refuse or subsequently invalidate the registration of a CUSTOMER whose information proves to be inaccurate.
3.1.4 The creation of a customer account necessarily implies the choice by the CUSTOMER of a confidential password, allowing him to access his CUSTOMER Account and to place orders on the SITE. This password can be changed online from his customer account. It is personal, confidential and non-transferable, and the CUSTOMER therefore undertakes not to communicate it to third parties. Any access to the CUSTOMER's customer account, using his password, is deemed to have been made by the CUSTOMER.
3.1.5 The SELLER may not, under any circumstances, be held liable for fraudulent or abnormal use of the CUSTOMER's password and/or customer account, the SELLER reserving the right to temporarily suspend access to the customer account in the event that such use is
observed.
3.1.6 The SELLER also reserves the right to use the CUSTOMER's password exclusively for the purpose of technical maintenance of the SITE. Under these conditions, the SELLER guarantees that the CUSTOMER's password will be kept confidential at all times.
3.2 ORDERING PROCESS
3.2.1 The contractual information and the order details are summarized in detail before the final validation of the Order Form. The CUSTOMER is invited to carefully reread the details of his order and correct any errors it may contain before validating it.
3.2.2 The validation click executed at the end of the ordering process for all PRODUCTS offered on the SITE formalizes the confirmation of the order and constitutes irrevocable acceptance of these General Conditions of Sale. This validation click constitutes definitive consent to contract with La Boutique du Design for the selected PRODUCTS, subject to the exercise of the right of withdrawal reserved for CUSTOMERS, as referred to in Article 5 hereof. The validation click constitutes an electronic signature. It is expressly understood between the parties that this electronic signature has, between them, the same value as a handwritten signature.
3.2.3 After having validated his order on the SITE, the CUSTOMER will receive by email an acknowledgment of receipt from the SELLER containing the details of the order, provided that the email address indicated at the time of creation of the customer account is valid and does not contain any errors. This
This email will constitute La Boutique du Design's acceptance of the order and will thus form the sales contract between the CLIENT and La Boutique du Design. It will contain all the elements constituting the contract between the CLIENT and La Boutique du Design (PRODUCTS ordered, rates, prices, delivery times and place, shipping method and costs, etc.).
3.2.4 The SELLER reserves the right not to confirm an order for any reason whatsoever, in particular due to a problem with the availability of the PRODUCT or a dispute relating to the payment of a previous order.
3.3 PROOF OF ORDER
The computerized records, stored in the SELLER's or its subcontractors' computer systems, under reasonable security conditions, will be considered as proof of communication, orders and payments between the CUSTOMER and the SELLER. The archiving of Purchase Orders, order confirmations and invoices is carried out on a reliable and durable medium that can be produced as proof.
4. FINANCIAL CONDITIONS
4.1 PRICE
4.1.1 The prices of the PRODUCTS are displayed on the SITE in Euros, all taxes included, and apply to all CUSTOMERS wishing to be delivered in mainland France. For customers outside mainland France, packaging and transport costs will be subject to a personalized estimate.
sent to the customer by email for validation.
4.1.2 The SELLER reserves the right to modify its prices at any time, but the PRODUCTS will be invoiced on the basis of the prices in effect at the time the orders are recorded, subject to availability on that date.
4.1.3 If one of the PRODUCTS offered for sale on the SITE contains a price error, the price will, in all cases, be verified when sending the confirmation email referred to in article 3.2.3, and corrected if necessary.
4.1.4 If the corrected price is lower than the price displayed on the SITE, the SELLER will apply the lower price and will refund the difference under the conditions referred to in Article 8. If the corrected price is higher than the price displayed on the SITE, the SELLER will inform the CUSTOMER and will cancel the order, unless the CUSTOMER accepts the order at the new price by confirming this acceptance by email addressed to customer service. In this case, the CUSTOMER will be asked to pay the difference between the amount already paid and the amount finally due, under the conditions that apply to him.
will be indicated by the SELLER.
4.2 PAYMENT
4.2.1 Orders are payable exclusively in Euros.
4.2.2 Payment for orders is made:
- either by bank transfer, a RIB will be sent to the CUSTOMER following the order to the email address provided when creating the customer account or that communicated by email to the following address:
laboutiquedudesign@outlook.com.
– either online, by credit card, by selecting payment by
bank card in the secure payment form.
– Payments by check or cash are only valid if you have
chose to collect your purchase yourself at the address: 180 route du Pin 38140
THE SMALL WALL.
4.2.3 The CUSTOMER guarantees to the SELLER that he has the necessary authorizations to use the payment method he has chosen for his order, when registering his order form. The SELLER reserves the right to request a photocopy of the CUSTOMER's identity card and/or, where applicable, bank card (front only) for any payment by bank card or bank check. As part of the fight against Internet fraud, information relating to the CUSTOMER's order may be transmitted to any third party authorized by law or designated by the SELLER for the sole purpose of verifying the CUSTOMER's identification,
validity of the order, the payment method used and the planned delivery. When a means of payment is issued by a banking establishment, only means issued by a banking or financial establishment authorized to operate in France are accepted by the SELLER.
5. DELIVERY
5.1 PLACE OF DELIVERY
5.1.1 The PRODUCTS are deliverable throughout mainland France. In the event of delivery outside mainland France, a specific quote will be submitted to the CUSTOMER before validation of the purchase, via an exchange of emails with the SELLER.
5.1.2 The PRODUCTS are delivered to the delivery address indicated by the CUSTOMER during the order process, and also appearing in the order confirmation email referred to in Article 3.2.3. In the event of an error in the wording of the CUSTOMER's contact details (in particular surname, first name, number and street name, postal code, telephone number or email address, etc.), the SELLER cannot be held responsible for the impossibility or delay of delivery.
5.2 SHIPPING METHODS
5.2.1 The methods of transport vary depending on the place of delivery, the dimensions of the PRODUCT, and the choices made by the CUSTOMER on their Order Form. The details of the SELLER's offer regarding shipping methods and delivery times are set out in the "Delivery Methods" section.
5.2.2 The CUSTOMER is required to check the dimensions of the PRODUCT before confirming the purchase. The SELLER cannot be held responsible and cannot guarantee the exchange if the dimensions of the PRODUCT do not allow its installation at the CUSTOMER's premises (doorway, corridors, stairwell, etc.).
5.2.3 Deadlines
The PRODUCTS will be shipped within a reasonable time following the actual receipt of payment, to which should be added the carrier's delivery times. The SELLER cannot be held responsible for the consequences due to any delay in delivery of the PRODUCTS ordered.
5.2.4 Returns
If you are not satisfied with the item purchased on the website, you have up to 14 days after receipt to cancel. The earlier you submit your request, the faster and easier it will be processed. To do this, contact us at laboutiquedudesign@outlook.com and inform the seller of your cancellation request.
Once the withdrawal is confirmed, you have a maximum of 14 days to return the item. The CUSTOMER is responsible for the outward and return shipping costs at the rate of the selected carrier. You must package the product for return. The PRODUCTS must be returned in perfect condition to La Boutique du Design. After return, a refund will be issued within a reasonable time.
Please note: you are responsible for return shipping.
6. WARRANTIES
6.1 CONFORMITY AND APPARENT DEFECTS
6.1.1 In order to avoid any inconvenience to the CUSTOMER, the SELLER checks the conformity of the PRODUCTS with the order before dispatch.
6.1.2 We ask you to be very careful when receiving your order. Regardless of the shipping method, it is important to take the time to unpack the item in front of the delivery person. In this case, the CUSTOMER is requested to notify the carrier before signing the delivery slip of any reservations about the delivered PRODUCT and to refuse it if it is not compliant (for example: damaged package, already opened, or PRODUCT(S) not corresponding to the order, etc.). Refusing the item upon arrival from the delivery person will allow you to obtain a full refund as soon as possible. When you receive the damaged item, you have 48 hours to contact us about this. Please send us an email to laboutiquedudesign@outlook.com, sending us photos of the damaged item.
6.1.3 The SELLER will not accept packages shipped freight collect. Any risk associated with the return of the PRODUCTS will be borne by the CUSTOMER.
6.2 EXCLUSIONS OF WARRANTIES
Any defects affecting the PRODUCTS or characteristics of the PRODUCTS, as well as direct and indirect damage suffered by the CUSTOMER or by third parties due to abnormal and non-compliant use of the PRODUCTS and the use for which they are intended (professional, collective use, etc.) are not covered by any warranty, whether legal or conventional. Damage specifically mentioned in the PRODUCT data sheets is also not covered.
7. RETENTION OF TITLE CLAUSE
By express agreement, the SELLER reserves ownership of the goods supplied until the day of their full payment, in accordance with the terms of Law No. 80 336 of May 1, 1980, relating to the retention of title. This provision does not prevent the transfer to the CUSTOMER of the risks related to the PRODUCTS sold, upon shipment of the PRODUCTS.
8. REIMBURSEMENT
8.1 Reimbursements of PRODUCTS in the cases referred to in articles 2.5, 4.1, 5, will be made within a period of less than or equal to thirty (30) days maximum after receipt of the PRODUCTS by La Boutique du Design. Reimbursement of costs incurred by the return of the product are not covered by La Boutique du Design.
8.2 The reimbursement will be made at the SELLER's choice by credit to the
CUSTOMER's bank account, or by bank check addressed to the CUSTOMER
having placed the order, and to the billing address.
9. RESPONSIBILITY
9.1 The PRODUCTS offered are often more than 30 years old and, by definition, do not comply with current standards in force. The CUSTOMER acts personally and makes it his business. The CUSTOMER is solely responsible for the choice of PRODUCTS and their use.
9.2 The SELLER shall not be held liable for non-performance of the contract, in the event of force majeure or unforeseeable circumstances, disruption or total or partial strike, in particular of postal services and means of transport and/or communications, due to the other party or a third party or external causes such as social conflicts, disruption or total or partial strike, in particular of postal services and means of transport and/or communications, intervention by civil or military authorities, natural disasters, fires, water damage, poor
operation or interruption of the telecommunications network or the electrical network.
10. INTELLECTUAL PROPERTY
10.1 All visuals and photographs visible on the SITE, and in particular those representing and illustrating the PRODUCTS are necessarily protected by copyright and all other intellectual property rights and belong to the SELLER or to third parties having authorized La Boutique du Design to
exploit them. Any reproduction and/or representation of any nature whatsoever, without authorization, of a visual or photograph represented on the SITE constitutes an infringement and will be subject to prosecution.
10.2 Likewise, all other data of any nature whatsoever, and in particular texts, graphics, logos, icons, images, photographs, audio or video clips, brands, software, characteristics of the SITE appearing on the SITE are necessarily protected by copyright, trademark law and all other intellectual property rights, and belong to the SELLER.
or to third parties who have authorized La Boutique du Design to use them. The SELLER grants the CUSTOMER a private, non-collective and non-exclusive right to use said data.
10.3 The CUSTOMER undertakes under these conditions not to reproduce, summarize, modify, alter or redistribute, without the express prior authorization of the SELLER, any text, title, application, software, logo, image, graphic charter, brand, information or illustration, for any use other than
strictly private.
11. CUSTOMER SERVICE
For any information or questions, customer service is available to CUSTOMERS:
- by telephone on 07 86 00 93 07: Monday to Sunday from 9:30 a.m. to 6 p.m.
- by email, to laboutiquedudesign@outlook.com
- by post to the following address: 58 Avenue de Chartreuse
38240 MEYLAN
12. PERSONAL DATA
12.1 In accordance with the provisions of Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms, and the decision of the CNIL (National Commission for Information Technology and Freedoms) of July 10, 2006 to remove the obligation to declare an Internet SITE in favor of the procedure for declaring the processing associated with said SITE, La Boutique du Design has declared its CLIENT file to the CNIL.
12.2 CUSTOMERS have, in accordance with the provisions of the Law of January 6, 1978, a right of access to data concerning them, as well as a right to modify, rectify and delete this data.
12.3 To exercise this right, they simply need to log into their CUSTOMER Account, or send a letter by post or email to the contact details provided in Article 11 of these Conditions.
12.4 Personal data relating to CUSTOMERS, collected directly through forms and indirectly during their navigation to and on the SITE, and all future information, are intended solely for the exclusive use of the SELLER, within the framework of the implementation
services offered to CLIENTS on the SITE, as well as for the establishment of statistics for internal use, and are not subject to any communication or transfer to third parties, other than the technical service providers in charge of managing the SITE, who are required to respect the confidentiality of
information and to use it only for the specific operation for which they are to intervene.
12.5 CUSTOMER data will also be used to strengthen and personalize communication with them, in particular through newsletters to which they may have subscribed.
13. MISCELLANEOUS
13.1 These conditions, as well as those appearing in the order confirmation email referred to in Article 3.2.3, express the entirety of the obligations of the CUSTOMER as well as those of the SELLER. The SELLER reserves the right to unilaterally modify the terms hereof, the applicable conditions being those in force on the SITE on the date the CUSTOMER places their order. The CUSTOMER is therefore advised to regularly refer to the latest version of the General Conditions of Sale, which is permanently available on the “General Conditions of Sale” link on the SITE.
13.2. In the event that one of the provisions of these Conditions is deemed null and void by virtue of a legal or regulatory provision, present or future, or a court decision having the force of res judicata and emanating from a competent court or body, this provision of the contract will then be deemed unwritten, all other provisions of these Conditions remaining binding between the Parties.
13.3 The fact that either Party does not avail itself at any given time of any of the provisions of these general conditions may never be considered as a waiver on its part of the rights it holds hereunder.
14. APPLICABLE LAW – DISPUTES
14.1 These General Conditions of Sale are subject to French law, and only the French language version is authentic for their interpretation.
14.2 Any dispute arising from the execution or interpretation of the provisions of this contract requires the parties to come together and attempt to find an amicable solution to their dispute, before bringing the matter before the competent court.