GENERAL TERMS AND CONDITIONS OF SALE
1. Scope of application
Our current sales and contracts are subject to these general terms and conditions, unless otherwise expressly agreed between the parties. By purchasing, the customer declares that he/she has read and accepts without reservation the following general terms and conditions of sale.
These conditions shall prevail over any other general terms and conditions of sale or special conditions not expressly approved by the seller.
The seller reserves the right to modify its general terms and conditions of sale at any time.
In this case, the applicable conditions will be those in force on the date of the order by the buyer.
2. Formation of the contract
2.1 Date and conclusion of the contract
These general conditions of sale govern the transactions concluded, on the one hand, between APPARTEMENT TÉMOIN run by Maxime TERNAUX registered with the Créteil Trade and Companies Register under number 831 477 898 and whose registered office is located in Gentilly (94250), and on the other hand, the customers who use the site (natural or legal persons) interested in purchasing products and services offered on the site www.appartementtemoin.fr, and to any transaction concluded with APPARTEMENT TÉMOIN online and offline.
The user of the site declares that he/she is of full age and has full legal capacity to enter into these general terms and conditions of sale.
The Products belong to and are sold on the site appartementttemoin.fr by APPARTEMENT TÉMOIN. However, not all products sold can necessarily be sold online. APPARTEMENT TÉMOIN strives to be as precise as possible in describing the products. However, we cannot guarantee that they are completely accurate, complete, reliable or error-free. The images of the products on the site are for illustrative purposes only. Although we strive to show colours accurately, we cannot guarantee that the display of colours on your computer accurately represents the colour of the products.
Since APPARTEMENT TÉMOIN offers antique or second-hand furniture and decorative objects, they may contain traces of use, missing elements, scratches, traces, defects due to their age, even after careful restoration. APPARTEMENT TÉMOIN may consider that the value of the object is its authenticity and the marks of time, in which case it is of course carefully cleaned but sold in its original condition, and this, without any guarantee. In addition, furniture intended for children (beds, toys, etc.), having been manufactured several years ago, no longer meets the safety standards in force in France. It may present a risk in the context of a use other than decoration.
Products can be ordered by clicking on the items you wish to purchase, and following the instructions on the screen. You will be able to change all the information until the order confirmation, when you click on "Proceed to payment" ("Purchase") on the checkout page.
After placing your order, you will receive an email from us confirming the registration of your order and giving you a reference number (Order confirmed #xxxxx). Please note that this email does not mean that your order has been accepted. Your order constitutes an offer to purchase one of our Products. All orders are subject to our validation. We are under no obligation to accept your order and may, at our discretion, refuse to accept any order. However, by clicking on "Proceed to Payment" you accept the obligation to pay for the Product(s). If we accept your order, we will send you an email to confirm that it has been sent (the Sending Confirmation). The contract concerning the Product(s) ordered that is (are) formed between you and us (the Contract) will only be concluded when we send you the Shipment Confirmation. After the contract has been formed, we will be obliged to provide you with the goods in accordance with the Contract. APPARTEMENT TÉMOIN will issue an invoice that will be attached to the package including the order in the case where the billing address is identical to the delivery address. If it differs, the invoice will be sent by email separately.
The Agreement will only apply to the Product(s) whose shipment has been confirmed in the Shipment Confirmation. We will not be obliged to provide any other Product(s) that may have been part of your order until another Shipping Confirmation has been sent.
The price guaranteed to the buyer is the one displayed on the site at the time of purchase. APPARTEMENT TÉMOIN reserves the right to modify this price at any time, but the products will be invoiced on the basis of the rates in effect at the time of order registration.
In accordance with Article 293 B of the CGI, VAT is not applicable for all services on the site.
2.3 Rates and delivery times
We deliver all over the world. Shipping costs for France, Europe, the United States and Canada are calculated automatically.
Shipping costs are specified once the item is added to the basket if delivery by Colissimo. The product can also be said "on estimate", in this case the price of delivery will be communicated by email to the buyer, who, once he has accepted it will have 24 hours to pay the total amount of the product and the amount of delivery before being delivered to the address transmitted. After this period, if the buyer has not accepted and paid his invoice, the product is put back on sale. Delivery is made in accordance with the provisions and in the order in which the orders are received. The deadlines are given as an indication. Exceedances of delivery times may not give rise to any damages or withholdings. In the context of payment by bank transfer, money order, paypal transfer and cash, your order will only be processed upon receipt and collection.
2.4.1 The quantity and quality of the delivered product are those fixed on the shipment confirmation form. APPARTEMENT TÉMOIN reserves the right to modify the goods to be delivered in the hypothesis described in paragraph 2 of article R 132-2 of the Consumer Code, i.e. when the modifications are linked to technical developments and do not generate any increase in price or deterioration in the quality of the product, it being understood that the consumer is free to mention the characteristics to which they subordinate his commitment. The items sold by APPARTEMENT TÉMOIN are guaranteed second-hand or refurbished in accordance with the law in force.
2.4.2 The place of delivery is fixed by the buyer at the time of the order, and undertakes to be present at the time of delivery. Any absence at the time of delivery will result in the obligation for the buyer to recover his goods directly from the carrier within a reasonable time, the seller will be entitled to charge the buyer the amount of the next delivery if this is possible. APPARTEMENT TÉMOIN reserves the right to choose the mode of transport it deems most appropriate for the product.
2.4.3 APPARTEMENT TÉMOIN cannot be held responsible for delivery problems resulting from difficulties of access to the place of said delivery. The consequences of these difficulties weigh on the buyer. Thus, APPARTEMENT TÉMOIN cannot be sued for damages caused in these cases, and the additional costs related to access difficulties will be borne by the client. It is the buyer's responsibility to ensure that the premises are accessible to the goods delivered. The deliverymen are the only ones authorized to judge the difficulty of access and reserve the right not to bring a parcel upstairs, not to pass through windows, etc. The delivery price is calculated on the basis of a delivery at the foot of the building or house.
Additional costs related to the rental of elevators and the storage of returned goods will be borne exclusively by the customer. In the event that delivery cannot be made due to access difficulties, the cost of delivery, the cost of returning to our company and/or the cost of representation will be the sole responsibility of the customer.
18.104.22.168 Obligations of the buyer upon receipt of the goods. At the time of delivery, the buyer must ensure that the goods received are in good conformity and in good condition, and must unpack the product in the presence of the carrier before signing the delivery note. The customer undertakes to be present on the day of delivery agreed with the deliverer and to check the conformity of the order upon receipt. In the event of an anomaly on the delivery, the customer must express his reservations in the form of handwritten dated observations, explicit with the presence of the carrier before signing the delivery note, by registered letter with acknowledgement of receipt sent to APPARTEMENT TÉMOIN at 94250 Gentilly and formulated before a period of three days. In the absence of any complaint on the delivery note, or if it has not been unpacked in the presence of the carrier, the product delivered is deemed satisfactory and may not be the subject of any further dispute.
2.4.5 The transfer of ownership of the sold goods is subject to the effective receipt of full payment of its price by the buyer. Any failure by the buyer to fulfil his obligation to pay, for whatever reason, shall entitle APPARTEMENT TÉMOIN to demand the immediate return of the goods delivered.
2.4.6 You agree that you will not use the products for commercial or resale purposes. We have no liability to you for any loss of profit, operating loss, business interruption, or loss of profit.
3. Product warranty
3.1 Terms and conditions
The product warranty corresponds to the "manufacturer warranty". The manufacturer's warranty covers any defect in material or workmanship. Its implementation is carried out by APPARTEMENT TÉMOIN free of charge in continental France only. Interventions under the guarantee may not have the effect of extending the duration of the guarantee, subject to Article L211-16 of the Consumer Code. Under this warranty, the seller's only obligation shall, in its sole discretion, be either to replace the product free of charge for an identical or equivalent product if the product is no longer manufactured or available, or to repair the product or elements found to be defective.
3.2 Guaranteed exclusions
Defects and deterioration caused by natural wear and tear or by external accidents, or by a modification of the product not provided for or specified by the seller, are excluded from the warranty. The manufacturer's warranty shall not cover the case where an apparent defect at the time of receipt of the goods has not been declared by the consumer under the conditions referred to in article 2.4.4.
4. Right of withdrawal
In accordance with Article L121-20 of the Consumer Code, the customer has a period of seven clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception, where applicable, of return costs. The client may derogate from this period in the event that he is unable to travel and at the same time needs to call upon an immediate service that is necessary for his living conditions. In this case he would continue to exercise his right of withdrawal without having to justify his reasons or pay penalties. The time limit mentioned shall run from the date of receipt of the goods. When the seven-day period expires on a Saturday, Sunday, public holiday or non-working day, it is extended until the next working day. When the right of withdrawal is exercised, APPARTEMENT TÉMOIN is required to refund the customer without delay and at the latest within thirty days following the date on which this right is exercised. The means of return will be at the initiative, convenience, and expense of the customer. Under no circumstances may APPARTEMENT TÉMOIN be required to organise the return of cancelled goods under Article 121-20 of the Consumer Code. The risks of the return of the product, whatever the cause, are the responsibility of the customer. If the product is lost by the carrier during this shipment, the customer is solely responsible and cannot be reimbursed by APPARTEMENT TÉMOIN. No retraction will be accepted if the product is unsuitable for re-marketing because it is incomplete, damaged, damaged or whose original packaging has been damaged or discarded. In accordance with the provisions of Article L121-20-2 of the Consumer Code, no withdrawal may be made once the product delivered has been made to the consumer's specifications.
5. Data Protection and Freedom Act
In accordance with law 78-17 of January 16, 1978 as amended by law 2004-801 of August 6, 2004, you have the right to access and rectify data concerning you. This information is reserved for APPARTEMENT TÉMOIN team only, and is not disclosed. Our members have a right of access and rectification to the information concerning them, which they can exercise by sending an email to firstname.lastname@example.org.
6. Intellectual Property
All texts, comments, works, illustrations and images reproduced on the www.appartementtemoin.fr website are protected by copyright, trademark law, patent law and image rights for the whole world. They are the full and entire property of APPARTEMENT TÉMOIN. As such and in accordance with the provisions of the Intellectual Property Code, only use for private purposes is authorised, subject to different, or even more restrictive, provisions of the Intellectual Property Code.
The imposition of a hypertext link to the www.appartementtemoin.fr site is strictly subject to written authorization from the company APPARTEMENT TÉMOIN on simple request addressed to APPARTEMENT TÉMOIN 94250 Gentilly or by email to email@example.com. Any other use constitutes counterfeiting and is punishable under intellectual property law unless previously authorized by the company APPARTEMENT TÉMOIN. Any total or partial reproduction of APPARTEMENT TÉMOIN catalogue is strictly prohibited, unless expressly authorised.
In the event of a dispute, only the Créteil court (94) will have jurisdiction. Any order from our customers implies their full and unreserved acceptance of these general terms and conditions of sale.