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These General Terms and Conditions of Sale (hereinafter referred to as the "General Terms and Conditions" or "GTCS") apply without restriction or reservation to all sales concluded between : TEMAHOME BOUTIQUE OFFICIELLE, SAS with a share capital of ?2,000, headquartered at 6 avenue du Pré de Challes, Annecy le Vieux, 74940 Annecy. Registered with the Annecy Trade and Companies Register under number 908 310 162 And the Consumer, These General Terms and Conditions of Sale are accessible at all times on the www.temahome.com website (hereinafter referred to as the "Site") and shall prevail, where applicable, over any other version or any other contradictory document. They are also available on the marketplace. TEMAHOME BOUTIQUE OFFICIELLE reserves the right to modify its General Terms and Conditions of Sale at any time without prior notice to the Consumer. The modified General Terms and Conditions of Sale are enforceable against the Consumer as of and for the duration of their publication online for orders placed after their publication online. Each purchase is subject to all the clauses of the General Terms and Conditions of Sale applicable on the date the order is placed. By validating the present General Terms and Conditions when placing an order, the Consumer accepts them unreservedly and declares that he/she has the legal capacity to enter into a contract within the meaning of articles 1123 et seq. of the French Civil Code, and certifies that he/she is a natural person of legal age The present General Terms and Conditions of Sale apply to the exclusion of all other conditions, in particular those applicable to sales in stores or through other distribution and marketing channels.
The purpose of these General Terms and Conditions of Sale is to define the terms and conditions of online sales of home furnishing products and the rights and obligations arising therefrom. The purpose of these General Terms and Conditions of Sale is to govern
3.1 - Identification of the Consumer When ordering for the first time on the Site, the Consumer can create a Consumer account via the "My Account" section accessible from the Site menu, then "New Customer". The Consumer must fill in the compulsory information and accept these GTC and the personal data protection and confidentiality policy. Registration on the TEMAHOME BOUTIQUE OFFICIELLE Site is effective as soon as the Consumer validates the information provided by clicking on "Create my account" The Consumer will then receive a confirmation email to verify his/her email address and activate his/her account. The Consumer expressly undertakes not to use false information or information belonging to third parties. For subsequent orders, the Consumer may access his/her account by entering his/her login and password in the "My Account" section, then "Already a Customer" The Consumer is entirely responsible for his/her login and password, and undertakes to keep them confidential. If the Consumer has forgotten his/her password, he/she should select "Forgot your password?" in the "My Account" section, then "Already Customer" They will then be redirected to a "Reset password" page, where they must enter their e-mail address and click on "Reset". You will then receive an email to reset your password. From the "My account" area, the Consumer has access to his/her personal information, and can also change his/her password, access his/her address book, order history and promotions. You can also delete your account. To do so, click on "Delete my account" and then "Confirm deactivation of my account". To permanently delete your account, select "Please contact the site administrator" and complete the form on the page to which you are redirected.
To place an order on the www.temahome.com site, the Consumer must access the site, which is accessible 24 hours a day, 7 days a week, subject to incidents affecting the level of service. Once the basket is complete, the Consumer must follow the steps below to validate his/her order
TEMAHOME BOUTIQUE OFFICIELLE offers its Consumers the MONEXT Online secure online payment solution with a security level corresponding to the PCI-DSS standard. TEMAHOME BOUTIQUE OFFICIELLE does not store the bank details of the buyer paying by credit card, but transmits them directly to MONEXT. Some payment methods use the 3D Secure security enhancement. This technology complements standard security by requesting an additional code sent by SMS to the Consumer's cell phone or by voice message to the Consumer's landline phone. Once the Consumer has provided his/her bank card number and cryptogram, he/she is authorized to debit his/her account for the amount of the order. Once payment has been validated, the Consumer is redirected to the Temahome website, where he/she receives confirmation of his/her order number. The Consumer also receives an order confirmation by email to the email address indicated by the Consumer. This contains the order number and a link to the Site specifying the order date, price and number of products ordered. This information can also be consulted on the Site in the "My Account" section. In the event of non-receipt of this confirmation email, the Consumer should check his/her junk mail or other anti-spam software. Any order validated by the Consumer is only considered effective by TEMAHOME BOUTIQUE OFFICIELLE after confirmation of payment. The data communicated by the Consumer and recorded by TEMAHOME BOUTIQUE OFFICIELLE during the registration of the order constitutes proof of the transactions between the Consumer and TEMAHOME BOUTIQUE OFFICIELLE. The information related to the order is subject to computerized data processing for which TEMAHOME BOUTIQUE OFFICIELLE is responsible, in accordance with the provisions of Article 14 of these GTC. The final invoice may also be sent at the Consumer's request.
As soon as the order is prepared and ready for dispatch, the Consumer receives an email or sms specifying the order tracking number and the carrier. The Consumer can track the delivery status of their order on the carrier's website, using their tracking number.
The prices indicated on the Site are in euros, and are inclusive of all taxes (TTC) including VAT at the common law rate in force, eco-participation(s) and contribution to the costs of elimination of waste furnishing elements provided for in Article R.543-247 of the Environmental Code applicable where applicable on the day of the order. TEMAHOME BOUTIQUE OFFICIELLE reserves the right to modify these prices at any time prior to final validation of the order, in particular in the event of an increase in charges or the VAT rate, or in the event of an obvious error. Products are invoiced at the rate in force on the Site at the time of final validation of the order by the Consumer. The Consumer may not take advantage of prices and promotions available on the Site at another time or in a store or on another site to request a price adjustment. The prices and promotional offers indicated on the Site are valid in the countries listed in article 7.1. Product prices include delivery to doorsteps or the foot of buildings. Upstairs delivery is not included unless an additional paid delivery option is taken out. Product prices do not include assembly services. TEMAHOME BOUTIQUE OFFICIELLE is registered with the French national register of furniture manufacturers under number FR 038533_10KH6S. This number guarantees that TEMAHOME BOUTIQUE OFFICIELLE, by joining Ecomaison, complies with its regulatory obligations under article L.541-10-6 of the French Environment Code.
The products presented on the Site are payable with the order, in one, 3 or 4 instalments. To pay for their order, Consumers have the following means of payment
All orders involving payment by credit card are considered effective only when the relevant payment centers have given their approval. The order will be reserved for seventy-two (72) hours from validation of the basket, and will only be confirmed on receipt of the amount transferred. If the bank transfer is not received within seventy-two (72) hours of validation of the basket, the order will be considered cancelled.
For reasons of fraud prevention, TEMAHOME BOUTIQUE OFFICIELLE reserves the right, in order to accept the sale, to ask the Consumer to prove his/her identity, place of residence and the means of payment used. In this case, the order will be processed upon receipt of these documents. TEMAHOME BOUTIQUE OFFICIELLE reserves the right to cancel the order in the event of non-receipt of said documents or receipt of documents deemed to be non-compliant.
TEMAHOME BOUTIQUE OFFICIELLE will not be obliged to deliver the products ordered by the Consumer if the Consumer does not pay the price in full in accordance with the above conditions. When the order is debited, in the event of incomplete, irregular or non-existent payment for any reason whatsoever or in the event of any payment incident, TEMAHOME BOUTIQUE OFFICIELLE reserves the right to suspend or cancel the delivery of orders in progress. TEMAHOME BOUTIQUE OFFICIELLE reserves the right to refuse to honor any order in the event of a dispute relating to the payment of a previous order. In the event of unpaid invoices for any reason whatsoever, TEMAHOME BOUTIQUE OFFICIELLE will charge a fixed amicable indemnity of fifteen euros (?15) in addition to the invoice amount, plus the debit fees invoiced by TEMAHOME BOUTIQUE OFFICIELLE's bank in the event that amicable collection remains unsuccessful within a period of ten (10) days from the date of dispatch of the first letter requesting collection, whether this letter is sent by registered mail or by ordinary letter. Recovery will be made by legal action. Any costs incurred by the collection agency acting on behalf of TEMAHOME BOUTIQUE OFFICIELLE to invoice the Consumer directly are independent of the amicable lump-sum indemnity. In the event of non-payment after formal notice has remained without effect, TEMAHOME BOUTIQUE OFFICIELLE retains full ownership of the products ordered until full payment has been made and may bring an action for recovery before the competent court.
The product offers presented on the Site are valid within the limits of available stocks, except for items in the course of manufacture for which the corresponding delivery times are indicated. Prior to any purchase, the Consumer is informed as far as possible of the availability of these products. TEMAHOME BOUTIQUE OFFICIELLE will do its utmost to process and honor the Consumer's orders, subject to logistical contingencies, which the Consumer acknowledges and accepts. Insofar as processing times are necessary between the registration of an order and its payment by the Consumer, products may become unavailable during this period. In the event that, subsequent to the confirmation of the order by TEMAHOME BOUTIQUE OFFICIELLE, products become totally or partially unavailable, TEMAHOME BOUTIQUE OFFICIELLE will inform the Consumer by email or telephone of this unavailability in accordance with article L 121-20-3 of the French Consumer Code. In this context, the Consumer may
Products may be delivered to the following countries (excluding islands): mainland France (excluding Corsica and Monaco), Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy (excluding Venice), Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden. Sofas can only be delivered to the following countries: France - excluding islands and Monaco, Spain - excluding islands, Germany. Products are delivered to the address indicated by the Consumer at the time of ordering. TEMAHOME BOUTIQUE OFFICIELLE distinguishes delivery methods according to the products ordered. The order may therefore be delivered in several packages and on different dates, which the Consumer accepts. In the case of replacement goods, TEMAHOME BOUTIQUE OFFICIELLE cannot guarantee that the return and delivery will take place on the same day. TEMAHOME BOUTIQUE OFFICIELLE undertakes to respect the delivery times indicated on the Site, however they may not be guaranteed in the event of force majeure, as defined by law and jurisprudence. Products in stock are generally dispatched within 24 hours - excluding Saturdays, Sundays and public holidays - from receipt of order confirmation. For products in production, TEMAHOME BOUTIQUE OFFICIELLE makes every effort to give an approximate delivery time. Due to the possible closure of TEMAHOME BOUTIQUE OFFICIELLE and/or its logistics partners for the end-of-year vacations, delivery times may be extended. In the event of delivery problems, TEMAHOME BOUTIQUE OFFICIELLE undertakes to do its utmost to inform the Consumer of any delivery date overrun. Delivery is made by appointment by TEMAHOME BOUTIQUE OFFICIELLE's carrier service providers, from Monday to Friday, excluding public holidays. The Consumer undertakes to be present on the delivery date agreed with the service provider and to check the conformity of the order upon receipt. Upon receipt of a damaged product, the Consumer must make a reservation on the carrier's advice of receipt and take photos clearly showing the damaged parcel and the parcel reference label. These must be sent to TEMAHOME BOUTIQUE OFFICIELLE's Customer Service within 72 hours to the following e-mail address: service@temahome.com. In the event of an error by the Consumer in the indication of the delivery address, the costs of a new delivery will be charged to the Consumer. Similarly, in the event of delivery being impossible due to access difficulties not notified in advance, the cost of a new delivery will be at your expense. In the event that this second appointment cannot be made on your part, fifteen (15) days after a formal notice has remained without result, the sale will be considered as cancelled.
Prior to any purchase, the Consumer must ensure that the dimensions of the packages and products, as specified on the product sheet, are adapted to the specific constraints of his/her home (elevators, staircases, corridors, landing doors, destination room, etc.). It is therefore the Consumer's responsibility to take all necessary measures to this effect.
Before signing the delivery note, the Consumer must check
It is the customer's responsibility to carry out all necessary checks to assess the conformity of the products upon delivery. This verification is deemed to have been carried out once the Consumer has signed the delivery note and the carrier has allowed verification by any means of the good condition of the package and its contents. In the event of anomalies noted at the time of delivery, the Consumer is invited to record all his/her reservations on the delivery slip provided by the carrier. In the case of non-conforming deliveries (when the carrier does not justify having given the Consumer the opportunity to effectively verify their good condition), the Consumer must confirm his/her reservations concerning the products delivered at the latest within 72 hours, following the date of receipt of the products. These reservations must be sent by email to TEMAHOME BOUTIQUE OFFICIELLE's Customer Service, and must be accompanied by the order number, at least two photos clearly showing the damaged parcel, and a copy of the carrier's delivery note stating the reservations. In the case of after-sales service, to replace a defective part, the consumer must provide the part number indicated on the instructions. After this 72-hour period, all requests will be rejected by TEMAHOME BOUTIQUE OFFICIELLE and TEMAHOME BOUTIQUE OFFICIELLE will not be held responsible. Accepted claims will result in the exchange of the defective or non-conforming product or part, or its reimbursement in the event of unavailability of the product in stock. No unsolicited returns will be accepted without the agreement of TEMAHOME BOUTIQUE OFFICIELLE. In the absence of precise reservations formulated by the Consumer within 72 hours, the delivery will be presumed to conform, subject to the guarantees described in article 11 below.
TEMAHOME BOUTIQUE OFFICIELLE retains ownership of the products sold until full payment of the price including VAT. This provision does not preclude the transfer of risk to the Consumer upon receipt (risk of loss and deterioration of the products purchased and any damage they may cause).
TEMAHOME BOUTIQUE OFFICIELLE disseminates information concerning the essential characteristics of products with the utmost rigor and undertakes to provide descriptions in the form of a "product sheet". Differences between the products delivered and those shown on the Site may exist, particularly in the case of adaptations linked to technical developments. Such differences, insofar as they do not concern the essential characteristics of the products and do not affect their quality, shall not justify cancellation of the order or refusal of delivery. Due to the technical imponderables inherent in photographic operations and Internet browsing software and/or display monitors, the rendering of colors on the Site is indicative and can in no way be guaranteed to be faithful to the actual colors of the products represented. Differences in color may occur, particularly with certain finishes such as wood veneer and marble, and cannot be held against TEMAHOME BOUTIQUE OFFICIELLE. In addition, any errors or omissions which may have occurred despite all our care and tEMAHOME BOUTIQUE OFFICIELLE shall not be held liable for any errors or omissions.
The Consumer has a withdrawal period of fourteen (14) working days from placing the order to inform TEMAHOME BOUTIQUE OFFICIELLE of his decision to withdraw and return the goods delivered (art. L-21-3 c.conso) to TEMAHOME BOUTIQUE OFFICIELLE for exchange or refund. Return shipping costs will be borne exclusively by the Consumer according to the following conditions: 29.99? for packages under 30kg; 49.99? for packages over 30kg.
The Consumer must exercise his right of withdrawal by contacting Customer Service by email at service@temahome.com TEMAHOME BOUTIQUE OFFICIELLE's Customer Service will contact the Consumer as soon as possible to explain the procedure for returning products. The Consumer must place all products intact and fit for sale in the package(s) and carefully prepare the return package(s). Products must be returned in their original packaging and in perfect condition. Products already assembled will not be accepted for return. Returns will only be accepted if the Consumer complies with the returns procedure. The Consumer will not be able to exercise his right of withdrawal if the returned products are unfit for resale, for example because of obvious deterioration. In the event of a return of products by the Consumer who has exercised his right of withdrawal in accordance with the present article, he/she assumes the risks of transport and is responsible for the product returned.
The Consumer who has exercised his/her right of withdrawal has the choice of requesting either an exchange of the products or a refund
Once the return has been accepted by TEMAHOME BOUTIQUE OFFICIELLE, the new products will be delivered to the Consumer within a reasonable period of time depending on the availability of the products, after deduction of the return costs detailed in article 10.1. If the products ordered by the Consumer are not available, TEMAHOME BOUTIQUE OFFICIELLE will inform the Consumer and proceed with the reimbursement of the order under the conditions described below
Refunds will be made according to the payment method chosen by the Consumer, after deduction of the cost of return, as detailed in article 10.1. Any product damaged by the Consumer will not be reimbursed. 10.4 - 1 for 1 return Within the framework of the AGIEC law and for furniture weighing more than 20kg, TEMAHOME BOUTIQUE OFFICIELLE can take back furniture at the Consumer's address by appointment under the following conditions
The Consumer benefits from the legal guarantee of conformity as well as the guarantee against hidden defects in accordance with the legal provisions in force of articles L.211-1 to L.212-2 of the French Consumer Code and articles 1641 to 1649 of the French Civil Code.
Spare parts essential to the use of our products are available for 2 years following the sale of the item, in accordance with the legal guarantee of conformity
TEMAHOME BOUTIQUE OFFICIELLE is required to deliver products in conformity with the Consumer's order and is liable for any defects in conformity existing at the time of delivery of the products, within the scope and limits of the legal warranty of conformity. In accordance with the provisions of articles L.211-9 et seq. of the French Consumer Code, the Consumer may request the replacement of the defective part(s).
TEMAHOME BOUTIQUE OFFICIELLE is liable for any hidden defects in the goods sold which render them unfit for their intended use. The action resulting from latent defects must be brought by the purchaser within two (2) years of the discovery of the defect. In accordance with the provisions of articles 1641 et seq. of the French Civil Code, the Consumer has the option of requesting the replacement of the defective part(s), or keeping the product and being reimbursed for part of the price.
The warranty does not cover deterioration resulting from normal wear and tear or from a cause arising from the intrinsic qualities of the goods. Nor can the warranty cover deterioration resulting from abnormal use or use which does not comply with the seller's instructions, and in particular defects and their consequences linked to use which does not comply with the use for which the product is intended. Damage caused by the Consumer or a third party (e.g. transport, handling, assembly, exposure to humidity and sunlight, etc.) is also excluded from the warranty. TEMAHOME BOUTIQUE OFFICIELLE cannot be held responsible for damage caused by acts of God or force majeure.
To invoke the legal warranty, the Consumer must notify TEMAHOME BOUTIQUE OFFICIELLE of the defect as soon as it appears, by writing to Customer Service by email at: service@temahome.com. The Consumer must illustrate his/her request with at least two photographs of the product and must comply with the conditions for returning products described in article 10.2 below. In the event that the Consumer chooses to replace the products under these legal warranties, the cost of returning and shipping the exchanged products will be borne by TEMAHOME BOUTIQUE OFFICIELLE.
The Consumer is responsible for verifying the completeness and truthfulness of the information provided to TEMAHOME BOUTIQUE OFFICIELLE when registering on the site and ordering, in particular the delivery address and contact. TEMAHOME BOUTIQUE OFFICIELLE cannot be held responsible for any typing errors that may cause delivery errors. If the delivery address or cell phone number is incorrect or if the Consumer decides to change the delivery address after the products have been shipped by TEMAHOME BOUTIQUE OFFICIELLE, the costs of the new delivery will be borne by the Consumer. The Consumer's choice and purchase of products are his sole responsibility. Consequently, the total or partial impossibility of using products, notably due to product incompatibility, cannot give rise to any compensation, reimbursement or liability on the part of TEMAHOME BOUTIQUE OFFICIELLE, except in the case of a proven latent defect, non-conformity, defect or the exercise of the right of withdrawal as provided for in the French Consumer Code. All facts or circumstances that are irresistible, unforeseeable and beyond the control of the parties, in particular in the event of a nationwide strike by transporters, or natural disasters such as floods or fires, shall be deemed to constitute an act of God or force majeure exonerating the seller from liability. Products sold on the Site are intended for private use. If they are used professionally by companies, associations or local authorities, the legal warranty may not apply.
In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, TEMAHOME BOUTIQUE OFFICIELLE is a member of the AME - Association of European Mediators whose contact details are as follows: 11 place Dauphine 75001 PARIS - Telephone: 09 53 01 02 69 - http://www.mediationconso-ame.com/ After prior written request by consumers to TEMAHOME BOUTIQUE OFFICIELLE, the AME Mediator may be contacted, for any consumer dispute which has not been settled, either by post or via the following website http://www.mediationconso-ame.com/unifa- équipement-de-la-maison.
Pursuant to European Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, TEMAHOME BOUTIQUE OFFICIELLE collects the Consumer's Personal Data for the purposes of identifying the Consumer, processing the Consumer's order and invoicing. Personal Data refers to information concerning the Consumer as a natural person, voluntarily communicated by the Consumer. It thus includes nominative data (such as surnames, first names, contact details, etc.). TEMAHOME BOUTIQUE OFFICIELLE protects the Consumer's privacy in accordance with current legislation. TEMAHOME BOUTIQUE OFFICIELLE informs the Consumer that this automated processing of information has been declared to the CNIL under number 1973084. In accordance with the French law "Informatique et libertés" n° 78-17 of January 6, 1978 modified by the law n°2004-801 of August 6, 2004 and the General Regulation on Data Protection, the Consumer has the right to access, rectify, portability and deletion of information concerning him/her, as well as the right to object to the processing of his/her data. To exercise this right, the Consumer may send a letter to the following e-mail address: service@temahome.com
The elements published on the TEMAHOME BOUTIQUE OFFICIELLE Site, including in particular logos, registered trademarks, texts, photographs, images, drawings, models or paintings, constitute works protected by intellectual property rights or personal rights. The reproduction or representation, in whole or in part, of this Site is therefore prohibited without the express prior consent of the holders of these rights, and would constitute an infringement punishable by the provisions of the Intellectual Property Code and/or a tort liable to engage the civil liability of the infringers of the aforementioned rights. Furthermore, the Consumer may only access and display the contents of the database and any other element of the Site for non-commercial and private use.
Users are solely responsible for browsing the www.temahome.com website. TEMAHOME BOUTIQUE OFFICIELLE may not be held liable for any breakdowns, errors or computer viruses that may prevent continued access to its site, or for any malfunctions in users' computer systems that may occur following access to the site. The company shall not be held liable for any direct or indirect damage that may result from using or accessing its site, or from downloading elements stored on the site (images, text, video files, etc.).
A cookie is a file containing textual information which is stored on the Consumer's hard disk when he/she consults a website. The Site uses cookies which TEMAHOME BOUTIQUE OFFICIELLE can access when the Consumer visits the Site again. These cookies record information about the pages consulted on the Site. They allow TEMAHOME BOUTIQUE OFFICIELLE to understand the navigation made on the Site and save the Consumer's preferences for future visits to the Site in order to improve the services offered. The Consumer may, if he/she wishes, block cookies by modifying the preferences of his/her Internet browser.
The fact that any clause of these General Terms and Conditions of Sale may become null and void, unenforceable, invalid, illegal or inapplicable as a result of a law, regulation or final decision by a competent court, shall not call into question the validity, legality or applicability of the other stipulations of these General Terms and Conditions of Sale, which shall remain in force. The Consumer shall remain bound by his contractual obligations and shall not, in this respect, be entitled to any exemption from liability. The fact that one of the Parties has not demanded the application of any clause of these General Terms and Conditions of Sale, whether permanently or temporarily, may in no case be considered as a waiver of that Party's rights arising from the said clause.
These General Terms and Conditions of Sale are drawn up in the French language. Should they be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute. The present General Terms and Conditions of Sale are governed by French law. Prior to any dispute, the parties shall seek an amicable settlement. In the absence of amicable agreement, any dispute relating to the formation, execution, interpretation and termination to which the General Terms and Conditions of Sale may give rise, even in the event of an action in warranty or multiple defendants, shall fall within the exclusive jurisdiction of the French courts.
By express agreement between TEMAHOME BOUTIQUE OFFICIELLE and the Consumer, e-mails will be considered as proof between the Parties, as will the automatic recording systems used on the Site, in particular as to the nature and date of the order.
These General Terms and Conditions of Sale and the order summary sent to the Consumer form a contractual whole and constitute the entire contractual relationship between the Parties.