General Terms and Conditions of Sale
Google translation from the French version
DEFINITION OF PARTIES
Between Mr. Dominique de Paillerets
Hereinafter referred to as the “Seller”
On the one hand,
And the individual or legal entity purchasing products or services from the company,
Hereinafter referred to as the “Buyer” or the “Customer”
On the other hand,
PREAMBLE
The Seller publishes furniture and home furnishings products and services marketed through its website (https://paillerets.com). The list and description of the goods and services offered by the Seller can be viewed on the aforementioned website and its sales pages.
ARTICLE 1 – PURPOSE
These General Terms and Conditions of Sale define the rights and obligations of the parties within the framework of the online sale of Products and Services offered by the Seller.
ARTICLE 2 – GENERAL PROVISIONS
These General Terms and Conditions of Sale (GTC) apply to all sales of Products or Services made through the Company’s website and form an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these terms at any time by publishing a new version on its website. The applicable GTC are those in effect on the date of payment (or the first payment in the case of multiple payments) of the order. These GTC are available on the Company’s website at the following address: https://paillerets.com/legal. The Seller also ensures that their acceptance is clear and unconditional at the time of purchase. The Customer declares having read all of these General Terms and Conditions of Sale, and where applicable, the Special Terms and Conditions of Sale related to a product or service, and accepts them without restriction or reservation. The Customer acknowledges having received the necessary advice and information to ensure the suitability of the offer to their needs. The Customer declares that they are legally capable of entering into a contract under French law or are duly authorized to represent the individual or legal entity on whose behalf they are acting. Unless proven otherwise, the information recorded by the Seller constitutes proof of all transactions.
ARTICLE 3 – PRICE
The prices of products sold through the websites are indicated in Euros, inclusive of all taxes (VAT), and are clearly specified on the product description pages. As the Seller is not subject to VAT, VAT is not recoverable. Prices are indicated excluding specific shipping costs. For all products shipped outside the European Union and/or French Overseas Departments and Territories (DOM-TOM), the price is indicated excluding taxes on the invoice. Customs duties, other local taxes, import duties, or state taxes may be payable in certain cases. These duties and amounts are not the responsibility of the Seller. These costs are the responsibility of the buyer (declarations, payments to the relevant authorities, etc.). The Seller therefore advises the buyer to inquire about these matters with the appropriate local authorities. The Seller reserves the right to change its prices at any time for future orders. Telecommunication costs necessary to access the Company’s websites are the responsibility of the Customer. Delivery costs, if applicable, are also the Customer’s responsibility.
ARTICLE 4 – ONLINE CONTRACT CONCLUSION
The Customer must follow a series of steps specific to each Product or Service offered for sale by the Seller in order to place an order. However, the steps described below are standard: – Information on the essential characteristics of the Product; – Selection of the Product and delivery options, and, if applicable, other options, and provision of the Customer’s essential information (identification, address, etc.); – Acceptance of these General Terms and Conditions of Sale; – Verification of the order details and, if necessary, correction of any errors. – Following the payment instructions and payment for the products. – Delivery of the products. The Customer will then receive email confirmation of payment for the order, as well as an order acknowledgment confirming the order. They may request a PDF copy of these terms and conditions of sale, which will be sent to them by the Seller. For delivered products, delivery will be made to the address provided by the Customer. For the proper execution of the order, the Customer agrees to provide their true identification details. The Seller reserves the right to refuse the order, for example, for any unusual request, any request made in bad faith, or for any other legitimate reason.
ARTICLE 5 – PRODUCTS AND SERVICES
The essential characteristics of the goods and services, and their respective prices, are made available to the buyer on the Seller’s website. The customer acknowledges having received details of the delivery charges, as well as the terms of payment, delivery, and contract performance. The Seller undertakes to fulfill the Customer’s order only within the limits of available stock. If the goods are unavailable, the Seller will inform the Customer. This contractual information is presented in detail and in French. In accordance with French law, it is summarized and confirmed when the order is validated. The parties agree that illustrations or photos of the products offered for sale are not contractually binding. The validity period of the product offers and their prices is specified on the product sales pages, as is the minimum duration of any contracts offered for the continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are granted solely to the individual who placed the order (or the individual whose email address was provided). In accordance with legal provisions regarding conformity and latent defects, the Seller will refund or exchange defective products or products that do not match the order. Refunds can be requested by contacting the Seller by email or regular mail.
ARTICLE 6 – RETENTION OF TITLE CLAUSE
The products remain the property of the Seller until full payment of the price.
ARTICLE 7 – DELIVERY TERMS
The products are delivered to the delivery address indicated when the order was placed, within the stated timeframe. This timeframe does not include order preparation time. When the Customer orders several products at the same time, these may have different delivery times and be shipped using different methods. The Seller provides a telephone contact number (cost of a local call from a landline) indicated in the order confirmation email to facilitate order tracking. The Seller reminds the Customer that the risk of loss or damage to the products is transferred to the Customer upon physical delivery.
ARTICLE 8 – AVAILABILITY AND PRESENTATION
Orders will be processed subject to available stock or subject to stock availability from our suppliers.
ARTICLE 9 – PAYMENT
Payment is due immediately upon placing the order, including for pre-ordered products. The Customer may make payment by bank transfer. Where applicable, the Seller will provide the Customer with the bank details for the transfer (available on the website). In the event of an error or if the transfer cannot be completed, the sale is automatically terminated and the order cancelled.
ARTICLE 10 – RIGHT OF WITHDRAWAL
In accordance with Article L. 121-20 of the French Consumer Code, “the consumer has a period of fourteen clear days to exercise their right of withdrawal without having to give reasons or pay penalties, with the exception, where applicable, of return shipping costs.” “The period mentioned in the preceding paragraph runs from the date of receipt for goods or from the date of acceptance of the offer for services.” The right of withdrawal can be exercised by contacting the Seller by email or telephone. If the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be refunded; return shipping costs remain the responsibility of the Customer. Returned products must be in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be resold as “new” (original). They should, if possible, be accompanied by a copy of the proof of purchase.
ARTICLE 11 – WARRANTIES
In accordance with the law, the Seller provides two warranties: conformity and against hidden defects in the products. The Seller will refund the buyer or exchange products that are apparently defective or do not correspond to the order placed. Refund requests must be made by contacting the Seller by email or regular mail. The Seller reminds the consumer that: – they have a period of 2 years from the delivery of the goods to take action against the Seller; – they can choose between replacement and repair of the goods, subject to the conditions stipulated in the aforementioned provisions; – they are not required to provide proof of the existence of the non-conformity of the goods during the six months following delivery. – that, except for second-hand goods, this period will be extended to 24 months from March 18, 2016 – that the consumer may also invoke the warranty against hidden defects in the item sold, as defined in Article 1641 of the French Civil Code, and in this case, may choose between rescinding the sale or obtaining a reduction in the sale price (provisions of Article 1644 of the French Civil Code).
ARTICLE 12 – COMPLAINTS
If necessary, the Buyer may submit any complaint by contacting the company by email or regular mail.
ARTICLE 13 – INTELLECTUAL PROPERTY RIGHTS
Trademarks, domain names, products, software, images, videos, texts, or more generally, any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these Terms and Conditions. Any total or partial reproduction, modification, or use of these assets for any reason whatsoever is strictly prohibited.
ARTICLE 14 – FORCE MAJEURE
The performance of the seller’s obligations under this agreement shall be suspended in the event of a fortuitous event or force majeure that prevents their performance. The seller shall notify the customer of the occurrence of such an event as soon as possible.
ARTICLE 15 – INVALIDITY AND MODIFICATION OF THE CONTRACT
If any provision of this contract is declared invalid, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect between the parties. Any contractual modification shall be valid only after a written agreement signed by both parties.
ARTICLE 16 – GDPR AND PROTECTION OF PERSONAL DATA
In accordance with the European General Data Protection Regulation (GDPR), you have the right to access, modify, object to, and rectify your personal data. By agreeing to these terms and conditions of sale, you consent to our collection and use of this data for the performance of this contract.
ARTICLE 17 – APPLICABLE LAW
All clauses contained in these terms and conditions of sale, as well as all purchase and sale transactions covered herein, shall be governed by French law.