Deliveries & returns
Delivery of ordered Products
Delivery of the Products means the transfer to the Customer of physical possession or control of the Products ordered.
In accordance with the provisions of article L 216-4 of the Consumer Code, the delivery of the Products is accompanied by the delivery of the user manual, the installation instructions and a writing mentioning the possibility of formulating reserves as well as the commercial guarantee.
The Products ordered by the Customer will be delivered within a shipping time indicated on the website – to the address indicated by the Customer when ordering on the website.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above.
However, these deadlines are communicated for informational purposes only.
If the Products ordered have not been delivered within four months after order confirmation, for any reason other than force majeure or the Customer's actions, the Customer may notify the Seller (under the conditions provided for in article L 216-6 of the Consumer Code) the resolution of the sale, after having given the Seller formal notice to comply within a reasonable additional period and if this other period has not been respected by the Seller.
Termination may be immediate if the Seller refuses to perform or if it is clear that he will not be able to deliver the Products or if the delivery deadline not respected constituted, for the Customer, an essential condition of the sale.
In the event of termination of the sale, the sums paid by the Customer will then be returned to him at the latest within fourteen (14) days following the date of termination of the contract, excluding any compensation or withholding.
The Seller bears the transport risks and is required to reimburse the Customer in the event of damage caused during transport.
Deliveries are carried out by independent carriers, to the address mentioned by the Customer when ordering and to which the carrier can easily access.
The Customer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty recourse against the Seller in the event of failure to deliver the goods transported.
The Customer is required to check the condition of the products delivered at the time of delivery. The Customer undertakes to immediately formulate, upon delivery, any reservations or complaints for non-conformity, defect or apparent defect of the Products delivered (for example damaged package already opened, etc.), as in the event of failure to deliver the notice of delivery. use or installation instructions, with all supporting documents relating thereto (photos, emails, in particular). Failing to have complied with these verification formalities at the time of delivery, the Products will be deemed to be compliant and free from any apparent defect.
Please note that the absence of reservations made by the Customer upon delivery of the Products does not exempt the Seller from the guarantee of conformity, as described below.
Right of withdrawal for “Over-stock Products” and “Samples” only
1 – Right of withdrawal for “Over-stock Products” and “Samples” only
In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the over-stock Products and Samples to exercise his right of withdrawal from the Seller, without having to justify reasons or to pay a penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 14 days at most following notification to the Seller of the decision to withdraw the Customer.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products will not be returned.
The right of withdrawal can be exercised online, using the withdrawal form available on the Website, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, unambiguous, expressing the desire to retract.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs are refunded; return costs remaining the responsibility of the Customer.
The refund will be made within 14 days from notification to the Seller of the withdrawal decision.
2 – Personalization of Products and No right of withdrawal
- No right of withdrawal for Products created according to the Customer's specifications, under Article L. 221-28 of the Consumer Code
For certain Products as specified on the site, the personalization of a Product is carried out according to the specific wishes expressed by the Customer on the Site.
As soon as a Product sold via the website includes customization by the Customer, such as combination of colors, choice of shapes, finishes, additions of material, etc., the Customer is informed that the latter will be subject to 'specific manufacturing work based on the Customer's choices.
Due to this personalized work effort taking into account the fact that the Products are made according to the Customer's specificationst, the right of withdrawal cannot be exercised for orders for these Products, under Article L. 221-28 of the Consumer Code. The Products cannot be returned either. Notwithstanding the above, the Customer continues to benefit from legal guarantees (legal guarantee of conformity and guarantee relating to defects in the item sold).
- Personal liability of the Customer
The Customer is solely responsible for his personalization.
It declares and guarantees to the Seller that its customization request in no way infringes the rights of third parties and complies with the laws and regulations applicable in France, in the country from which the order is made and in the country where delivery of the personalized product is planned.
More particularly, the Customer declares and guarantees that his personalization request does not include texts, images or symbols of any nature whatsoever likely to be considered as: contrary to public order and/or good morals ; having an offensive, defamatory nature, damaging the honor or reputation of others; inciting discrimination, hatred of a person or group of people because of their origin or their membership or non-membership of a specific ethnic group, nation, race or religion; threatening a person or a group of people, having a pedophilic nature; inciting the commission of crimes or misdemeanors, advocating war crimes and crimes against humanity; inciting suicide; suggesting membership in or advocating terrorist groups or organizations; depicting or inciting the consumption of prohibited substances; of a pornographic nature; violating personality rights, respect for the dignity and integrity of the human person, privacy, the right to the image of people and property; containing trademarks, distinctive signs and any other textual or graphic element subject to intellectual property rights.
The Seller reserves the right, at its sole discretion, to refuse a customization request which contravenes the principles set out above or, more generally, seems detrimental to the rights of third parties.
However, this possibility of refusal on the part of the Seller is not likely to relieve the Buyer of the obligations referred to above. Indeed, it is specified, on the one hand, that the Seller does not carry out a detailed analysis of each graphic or textual element sent to it by the Buyer as part of a customization request and, on the other hand , that it is not able to assess the legitimacy of a Buyer to use certain terms or visuals likely to be protected by intellectual property law or to be prejudicial to the rights of third parties. The Seller's right to refuse a Customer's personalization cannot therefore under any circumstances be interpreted as imposing a general obligation to control the personalization desired by the Customer.
In view of the above, the Customer declares and guarantees to the Seller that he is fully vested with the intellectual property rights or more generally the rights allowing him to use the content chosen by him for the personalization of his order. It also guarantees that said content, when used for the purposes of personalizing the Products, does not in any way infringe the rights of third parties or is in any way contrary to public order under the conditions referred to above.
If the Seller were to be concerned by a third party claiming rights to any of the content used for personalization purposes by the Customer, the latter undertakes to do it personally to regularize, with this third party(ies) any agreement such as to allow the Seller to be released from any liability in this context.
In all cases where the Seller's liability is sought on a civil, criminal or administrative level, due to any customization requested by a Customer in violation of the above provisions, it is expressly understood that the Customer will guarantee the Seller the amount in full of any judgment which could be pronounced in principal and interest against him and can therefore be called as guarantee by the latter in the context of any proceedings.
The Customer further undertakes to provide full compensation for damages suffered by the Seller, including compensation for the actual costs of all sums incurred by the latter for the purposes of defending its rights, in particular and without this The list is not exhaustive: legal fees, legal fees, bailiff fees, expert fees, travel costs and more generally any costs incurred in defending one's rights.
For the proper understanding of this article, it is specifically understood between the Parties that the Seller's right to refuse a customization request does not in any way mitigate the Customer's liability to him or his warranty obligation.