The electronic catalogue set up by www.interiordesignby.com provides the following information :
Identification of the company :
OBJECTS by 07rue du Square CARPEAUX 75018 PARIS France Tel: +33 (0) 682284106 Fax: +33 (0) 143598113 RCS Paris B 429 411 325 SIRET: 429 411 325 00013 Description of the essential features of the proposed goods and services Indication of the price, inclusive of tax, of the goods and services in French currency,(+ contribution to the delivery costs if not included in the sale price). Information concerning the methods of payment, delivery or performance Existence of a right of retraction.
All the information displayed on the "interiordesignby.com" Site (hereinafter referred to as the "Site") is presented in different languages (particularly in English and in French). The Customer may opt for a presentation of the Site in these languages.
The Customer acknowledges, before placing the order, that he has read all of the information making up the General Terms of Sale and the extent of the system hereof. Moreover, the Customer states that he has legal capacity to enter into this Agreement.
These General Terms of Sale aim to define the rights and obligations of the Parties in the context of on-line selling of goods and services proposed in this electronic catalogue by www.interiordesignby.com.
3. ORDER TAKING AND ACCEPTANCE OF THE AGREEMENT BY THE CUSTOMER
Any order form signed by the Customer by an "approval click" shall constitute an irrevocable acceptance which can only be challenged in the cases restrictively provided for in clauses entitled the "Right of retraction" and "Fulfillment of the Order".
As soon as www.interiordesignby.com receives the order form, the user becomes a Customer. Acceptance of the order is evidenced by an order number which is provided on line to the Customer.
The following contractual documents :
These General Terms of SalesThe purchase listThe invoice which serves as a warranty shall have a decreasing hierarchical legal value.
4. TERM OF OFFER
The offers proposed on this Site shall be valid as long as the product related thereto is on line and while stocks last.
Prices are indicated on the Site in Euro.
The purchaser is guaranteed the price posted on the Site at the time of purchase.
The price fixed at the time of purchase is firm and does not factor in the delivery costs which are extra.
Prices factor in the VAT applicable on the date of the order. Prices are indicated to the Customer inclusive of VAT.
Any change in the applicable rate may be included in the sale price of the Products shown on the Site.
Payment of the price is owed in full when the order is placed.
In the event of delivery outside the territory of the European Union, the Customer is solely responsible for customs taxes and formalities unless otherwise specified. The Customer is solely responsible for checking whether the Products ordered may be imported under domestic law in the country of delivery.
Lastly, the Customer may not make any modification whatsoever in the form of an adjustment debit.
The Customer shall pay for his order by bank card as proposed on the Site upon sending an order form to www.interiordesignby.com.
Pursuant to this method of payment, the provisions concerning fraudulent use of means of payment provided for under the agreements entered into between the Customer and the card issuer and between www.interiordesignby.com and its bank shall apply.
When approving the order form the Customer warrants www.interiordesignby.com that he has all authorizations needed to use the method of payment by bank card.
www.interiordesignby.com does not store or hold on to information concerning the bank card when payment is made.
Approval of the order by means of the bank card number and the expiry date amounts to authorization to pay the price on the invoice (taxes and contribution to delivery costs included) which the payment server transfers to the Customer's credit institution.
In the event of any dispute concerning invoicing, the amount which is not being disputed must be paid at the stipulated contractual date of payment. The disputed amount will be paid as soon as the dispute is settled.
7. NON PAYMENT
www.interiordesignby.com reserves the right to claim the return of all equipment in the event of non payment.
The Customer undertakes to return any product for which full payment has not been made to www.interiordesignby.com, whenever requested by www.interiordesignby.com.
The Customer shall pay for any costs in connection therewith.
8. TRANSFER OF RISKS
Risks are transferred to the Customer when the product is delivered to the carrier. Products travel at the Customer's risks even if they are shipped or returned carriage paid.
During the retraction period mentioned hereunder in clause 13, the Customer as the custodian shall be liable for the goods. If the product is damaged or destroyed during the Customer's custody, the latter will bear all the consequences thereof.
9. FULFILLMENT OF THE ORDER
The order will be fulfilled within seven (7) business days as from the day following that on which the Customer placed his order subject to the limit of available stock.
If the Product ordered is not available, the Customer will be informed thereof as early as possible and may, at his option, wait for the product to become available or obtain a refund by an account credit transaction cancelling the payment transaction.
In the event the Customer has not given his instructions within 30 days, www.interiordesignby.com undertakes to refund the amounts paid within the 30 days following notification of his bank particulars.
The delivery dates indicated by www.interiordesignby.com are given for information only. www.interiordesignby.com shall make every effort to meet such dates. The Customer shall not be entitled to cancellation of the order or compensation if delivery dates are not met.
The Customer is offered the possibility of having the Product delivered to another location which he will mention in the space provided for this purpose. In this case, the invoice which serves as a warranty will nevertheless be sent to the payer.
Products are delivered to the address indicated by the Customer in the on-line order form.
Delivery shall be deemed to have been made when the goods are remitted to the carrier. The Customer shall check the contents, conformity and the condition of the products on delivery thereof.
The Parties expressly agree that the carrier is the Customer's authorized agent.
Therefore, the Customer shall be responsible itself for exercising all claims. www.interiordesignby.com may never be held liable for any reason whatsoever (delays, damage, total and partial losses).
With regards to the measures to be taken vis-à-vis the carrier and for information purposes only, www.interiordesignby.com informs the Customer that the latter must check the condition of the delivered goods upon delivery thereof before signing the acknowledgement of receipt of the parcel.
The condition of these goods must correspond with the information set forth in the consignment note. If the Customer notices any damage when he makes this check, he must :
refuse delivery of the ordered product, orissue reservations on the consignment note.
Said reservations must be dated, in writing, precise, meaningful and complete and must be confirmed by registered letter with recorded delivery sent within ten days to the carrier and to
OBJECTS by 07rue du Square CARPEAUX 75018 PARIS France Tel: +33 (0) 682284106
Under these circumstances and if the report is substantiated, www.interiordesignby.com undertakes to send on a new product as quickly as possible. The Customer will be refused a refund by www.interiordesignby.com if delivery is refused in bad faith or if non substantiated reservations are issued or reservations are made in bad faith.
11. COLLECTION OF THE GOODS IN THE EVENT OF THE CUSTOMER'S ABSENCE
The absent Customer is obligated to collect the goods at the address indicated by the carrier. He will be informed of the conditions and the place of collection of the parcel by notice delivered to the delivery address.
If after the period indicated in the notice of delivery (normally fifteen (15) days), the Customer has not collected the parcel, it will be returned to www.interiordesignby.com which reserves the right to refund the Customer for the price of the product (the postage costs are payable by the Customer) as quickly as possible and to keep the Product.
Claims concerning the nature or the non conformity of the delivered product(s) with the purchase list contained in the parcel must be made in writing immediately upon receiving said product(s) to www.interiordesignby.com (whose address is indicated in clause 10 §5), without prejudice to the measures that must be taken vis-à-vis the carriers.
The Customer must keep the packaging and consignment note.
In the event of an error concerning the goods, the Customer undertakes to return the product within seven (7) days following receipt of the product provided that the product is returned to www.interiordesignby.com without the packaging being opened, in its original condition and packaging, together with the Customer's list of purchases.
Once www.interiordesignby.com has received the product, it will at its expense send the Product ordered by the Customer.
13. RIGHT OF RETRACTION
The Customer shall have a period of seven (7) business days to return any Products which do not suit him, at his expense. This period runs as from the date of receipt thereof by the Customer.
The Customer will be refunded for the sums paid, in return for re-forwarding the Products at the Customer's expense within thirty (30) days of receipt thereof, by www.interiordesignby.com and provided that the product is in its original condition and packaging, i.e. without any damage however slight this may be (whether in appearance or functional) and in a perfect state of cleanliness together with the Customer's bank particulars for the refund.
The Customer shall be entitled to a one-year (1 year) sales warranty for all electronic product defects as from the date of sale and subject to the terms and conditions set forth in the warranty card delivered with the product.
The terms of warranty and the implementation thereof are subject to compliance with the instructions for use of the Products, according to the recommendations set forth in the documents and the directions for use enclosed with the products.
The sales warranty shall apply without prejudice to the statutory warranty against hidden defects provided for under the French Civil Code (Section 1641 et seq.) which applies in any case.
To implement the warranty, the Customer undertakes to send the equipment under warranty, with the original invoice, at his expense, to the address indicated in clause 10 § 5 (the Customer is to keep a copy of this invoice).
www.interiordesignby.com undertakes to return an identical product, barring a permanent stockout due to the withdrawal of the product in question from the www.interiordesignby.com product range. In the latter case, the Customer will be offered a similar product from the new www.interiordesignby.com product range or a refund of the initial product. www.interiordesignby.com will assume the costs of delivering this new product.
15. ELECTRONIC SIGNATURE
The "approval click" associated with the procedure of authentication, non retraction and protection of the integrity of messages constitutes an electronic signature.
This electronic signature shall be deemed to be a manual signature between the Parties.
The delivery slip provided by the carrier, dated and signed by the Customer on delivery of the product and referring by a bar code to the delivery number of the carrier providing the service shall constitute proof of transport and delivery.
17. KEEPING AND STORING OF TRANSACTIONS
Order forms and invoices are stored on a reliable and permanent medium so as to constitute a faithful and permanent copy thereof, in accordance with Section 1348 of the French Civil Code.
18. ENTIRE AGREEMENT
These General Terms express all of the Parties' obligations.
No general or special term communicated by the Customer may be included in these General Terms.
Should www.interiordesignby.com not take action against a breach by the Customer of any of the obligations hereunder, this fact shall not be interpreted in the future as a waiver of the obligation in question and its right to take action against said breach at a later date.
19. GOVERNING LAW
The Parties shall endeavour to come to an out of court settlement of any disputes in connection with the performance of these General Terms of Sale.
Failing an amicable settlement, the dispute shall be governed by, construed and enforced in accordance with the law of France. This shall apply for both the substantive and procedural rules. Jurisdiction shall be granted to the Paris courts, even in the event of several defendants, third party proceedings or summary proceedings.
www.interiordesignby.com considers the foregoing provision to be a substantial condition of the Agreement, without which it would not have contracted. Acceptance of payment or payment outside Paris shall not constitute either a novation or an exception to this clause.