General terms and conditions of sale
The General Terms and Conditions of Sale here described, govern all the rights and obligations of Domestic and the Customers, for all orders placed in the Internet websites of Domestic at www.domestic.fr and Moustache at www.moustache.fr
UP TO DATE ON MARCH 13, 2014-03-13
www.domestic.fr and www.moustache.fr are two websites published by Domestic, a limited liability company with a capital of 21.000 Euros, registered with the PARIS Registry of Trade and Companies under number 483 363 107. Domestic’s head office is located at 3 rue du Buisson Saint Louis, 75010 PARIS. Domestic is a dedicated company in the production of furniture and decorative Product.
These General Terms and Conditions of sale govern without restriction the sale contract of Domestic’s products from the Customer’s ordering and validation of order to the payment of this order on the websites of Domestic, www.domestic.fr and www.moustache.fr
The Customer agrees without restriction for any order of product he has placed on the Domestic’s website and Moustache’s website. The ordering, the validation of an order and its payment are the sale contract between Domestic and the Costumer.
By checking the box "I accept" in the section "Payment method" when placing your order, the customer declares to have read and accepted these applicable terms and conditions which are in force when the order is validated
At any time, Domestic reserves the right to modify or to change these General Terms and Conditions of sale by publishing a new version on the site. The general Terms and Conditions of sale relevant are those on the website at the ordering date.
For any question or claim, the Domestic’s After Sale Service can be reached:
By email : firstname.lastname@example.org
By telephone : + 33 (0) 1 42 40 92 58
By post : Domestic, 212 rue Saint Maur, 75010 PARIS
ARTICLE 1: PURPOSE
These General Terms and Conditions of Sale govern the rights and obligations of Domestic and the Costumers resulting from the sale of Domestic’s Products offered on the Site www.domestic.fr and Moustache’s products offered on the site www.moustache.fr
The validation of these General Terms and Conditions of Sale, the order summary sent to the Customer by email and the Customer's payment constitute proof of the conclusion of a sale contract between Domestic and the Customer. This sale contract will be governed by these Terms and Conditions.
Customers must be of legal age and have the legal capacity to conclude such a contract; otherwise it will not be valid.
ARTICLE 2: PRODUCT
The Customer may purchase any Product presented at the price indicated on the Site on the day he places his order. If the product is not available, Domestic will inform the Customer by email at the earliest opportunity and will offer him a suitable solution.
The Product descriptions summarise their aesthetic and technical characteristics. The photos of Products placed online on the Site are as faithful as possible to reality. However, some products can be slightly different from these pictures. The Customer understands and accepts that certain Products are created or made using processes which do not enable to obtain Products which are all exactly identical. These processes give to each product his own identity and look.
ARTICLE 3: HOW TO PLACE AN ORDER
3-1/ Creating a customer account
To place an Order on the Domestic website or on the Moustache website, the Customer must create an account in the site by completing a subscription form providing in the site.
The Customer hereby states that all personal information provided is complete and accurate in order to proceed to his precise identification in any situation. Any misleading information is likely to result in immediate closing of the Customer’s account or the cancellation of his Order(s) by Domestic.
Domestic will not check the reality of this information and may not in any case be held responsible if certain incorrect information hinders the proper execution of an Order or a delivery.
On the creation of his account, the Customer chooses a login and a password which will be specific to him to identify himself on the Site. He is solely responsible for keeping these elements confidential.
The Customer can access to his account at any time (outside of temporary periods of maintenance of the Site) and place an Order or manage his personal information.
The Customer will be bound by all Orders placed on the Sites by his personal account
3-2/ Placing and confirmation of an order
After he has entered his identifiers, the Customer may place an order on the Domestic Site. He may add all Products identified to his shopping basket and at the end of his purchase, the Costumer must validate his order. For this, the Customer must confirm the Products and the quantities selected, complete all the informations requested by the Site, accept without reservation the General Terms and Conditions of Sale, by clicking on the button indicated and at last validate the payment of his order.
By placing an Order on the Sites, the Customer is entirely responsible for the accuracy of the identification and delivery information he provides to Domestic. In case of error which may give rise to a delay in delivery Domestic may not be held liable and any additional costs shall be borne by the Customer.
Once the Order is confirmed by the Customer, he will receive an email from Domestic which is an acknowledgement of receipt of the order including all elements. The Order will be considered as definitive.
The sale contract between Domestic and the Customer is concluded only on receipt by Domestic of payment of the total price of the order by the Customer. Domestic reserves the right not to validate the Order on legitimate grounds.
It can appear that the Product is not available. Domestic will inform the Costumers by sending him an email. At his request, the customers may choose:
• to be delivered for the Products which are available and reimbursed the amount, including taxes, of the unavailable Products in his order.
• to cancel the entire Order and be reimbursed its amount, including taxes and including delivery costs.
• To request the delivery of a Product of an equivalent quality and price, within the limit of available stocks.
The reimbursement will be made via the same payment method as the one used by the Customer to pay the amount of his Order, within 30 (thirty) days after the confirmation of his choice among the 3 available choices above.
ARTICLE 4: THE PRODUCT PRICE
The Product price is the one shown on the Site. It is in Euro including the Value Added Tax. This tax is the one in force on the territory of metropolitan France on the day of the Order.
The Product price excludes delivery costs. The Costumer should take into consideration delivery costs. They are added to the product price and must be paid by the Costumers. The delivery costs are communicated to the Customer when he places his order and adjusted according to the place and address of delivery requested.
The Product price and the delivery costs are the full price of the order. They have to be paid in cash and in full by the Customer when the Order is placed.
ARTICLE 5 : TERMS OF PAYMENT OF AN ORDER
The Customer pays his order by bank card via a dedicated secure platform accessible from the Domestic and Moustache websites.
When the Costumer pays his order, he warrants that he is the holder of the bank card used. The Customer's bank account will be debited after the bank's agreement to debit the Customer's bank account.
In order to protect all information about the bank card used for an order payment, the Domestic website has a secure system. Our Website has one of the most efficient current site security systems. Not only does it use SSL (Secure Socket Layer) encryption, it has also reinforced all of the various encryption processes in order to provide the most effective protection possible for all sensitive payment information. Domestic never has access to any confidential information about the means of payment. Therefore, the payment informations are always asked for any Costumer’s order. In the event of the fraudulent use of his bank card with Domestic, the Customer is invited to contact Domestic on the number in the preamble of these Terms and Conditions.
The payment order made by bank card may not be cancelled. This is irrevocable, without prejudice to the Customer's right to exercise his right of withdrawal.
The Costumer can also use these other terms of payment :
• Cheque written to Domestic : If the bank does not agree to transfer the payment after 7 days to receive the payment, Domestic can cancel the Costumer’s order;
• Bank transfer to Domestic : Details of Domestic’s bank account are issued to the Costumer by an email when he orders. If the bank does not agree to transfer the payment after 7 days to receive the payment, Domestic can cancel the Costumer’s order;
The Costumer becomes the ownership of the Products after full payment of the price of his order.
In case of non full payment, Domestic reserves its right to claim the return of the ordered Products. The Customer shall pay for any costs in connection therewith.
ARTICLE 6: DELIVERY OF AN ORDER
Delivery occurs after the registration of the full payment of the order price; The Costumer’s order will be send to the address he has indicated in the Order form, after confirmation of the Order. The Costumer can also be delivered to another physical address he wants. The Customer will be informed of the shipment of the Products by email.
Domestic will make its best effort to ensure that the Order is shipped in a period of between three (3) and ten (10) business days as of receipt of the Customer's payment.
In any event, all Products purchased on the Site will be delivered to the address indicated by the Customer when he places his Order within a maximum period of forty five (45) business days as of the day following receipt of payment of the Order.
In the event of delivery outside the EU, the Customer will have to pay for customs duties or VAT or any other taxes due to the import of Products in the country of delivery. The Customer is also solely responsible for the formalities related thereto unless otherwise specified. The Customer is solely responsible for checking whether the Products ordered can be imported under domestic law in the country of delivery.
It can happen that an Order contains Products deliverable at different dates. In this case, Domestic will send an email to the Costumer to inform him. The Customer may choose to receive each Product according to the delivery dates of each product. However, this service may involve higher delivery costs to the Customer which will be indicated by the Customer Service. If the Customer chooses to receive his Order in one batch, the longest delivery period will be the one to refer to.
However, the delivery may not be guaranteed in the case of a force majeure event as defined within the meaning of the case law of the French courts.
In case of absence of the Customer during delivery, a notice will be left by the carrier. Products may therefore be collected following carrier’s indications. In absence of Products’ withdrawal by the Customer in the limited period fixed by the carrier, the Products will be returned to Domestic.
Domestic will reserve the right to reimburse the Customer, while the delivery costs will remain at the Customer’s charge.
Delivery is considered completed when the Product is disposable at the place of delivery as agreed with the customer when placing the order.
The transfer of risks of loss and damage of the Products will take place after the delivery and receipt of the Products by the Customer.
The Customer shall check the content, the conformity and the condition of the Product(s) when delivered and before signing the acknowledgement of receipt of the package.
If the Customer finds any anomalies, he must refuse the delivery of the Products and can make dated and handwritten reservations. In the event where the carrier refuses to allow the Customer to do so, the latter must notify the impossibility to indicate the condition of the Products in handwriting, signing and dating the delivery slip, then proceed with all the necessary reservations with the carrier. These reservations must be confirmed to the latter by registered letter with acknowledgement of receipt within three (3) business days following the delivery of the products. A copy must be addressed to Domestic by email to the following address: email@example.com.
The Customer will contact the carrier to obtain reimbursement of the damaged Products. Domestic may not compensate the Customer instead of and in place of the carrier.
ARTICLE 7 : WARRANTIES OF CONFORMITY AND THE HIDDEN DEFECT
All the information concerning Product sold by Domestic is in our websites. Before their shipment, Domestic checks that the Product is conform to the Costumer’s order.
Subject to a normal use of the Products in compliance with their intended purpose, the Costumer benefits from the legal compliance warranties for the periods and in the conditions described in Articles L211-1 et seq. of the Consumer Code. The Costumer benefits also from the warranty for hidden defects in the conditions and for the periods provided in Article 1641 et seq. of the Civil Code.
A lack of conformity or a hidden defect of a Product that are observed by a Costumer must be reported by the Costumer by email to Domestic at the address given earlier.
Then, the Customer must return and bear the costs of the delivery within seven (7) days after the report of the nonconformity or defect, to Domestic, 211 rue Saint-Maur, 75010 Paris, France in its original packaging.
When the lack of conformity or the hidden defect is observed by Domestic, the costumer is able to choose the reparation he wants from Domestic without any supplementary cost for him. It can be reparation or an exchange of the product or the repayment of the Costumer. This choice must not be disproportionate to the Product’s price or the significance of the lack.
ARTICLE 8: CANCELLATIONS
The Customer can use his right of withdrawal within fourteen (14) days as of the date of receipt of his Order according to the Article L120-20-2 of the Consumer Code. The Costumer can return the ordered Products without having to provide reasons or to pay penalties. But the Costumer bared the return costs.
The right of withdrawal will not be accepted for Products which are made specifically or customised for the Customer. This right will not be accepted for any wrong manipulation of the Product ordered.
For any return within the framework of the right of withdrawal, the below procedure must be entirely followed:
• The Customer must first inform Domestic by e-mail (firstname.lastname@example.org) ;
• The Products must be sent in their original packaging, with any labels and accessories, in perfect condition for resale. They must not have been used, or damaged. The return of Products is the sole responsibility of the Customer.
• The Products should be returned quickly with a tracking number to the following address:
212 rue Saint Maur
• All returns must be made against request for signature otherwise the loss of Products during transport will not be taken into account.
If the above conditions are fulfilled, Domestic will reimburse the amount, including tax (and without shipping costs), of the Products returned to the Customer, in the same way as the Order was paid. In the case of payment by bank card on the Site, the Customer's bank account will be credited by such amount. In any event, the reimbursement will be made no later than within thirty (30) days as of receipt of the Products returned by Domestic.
In the event of a breach of the conditions set forth here above, Domestic may refuse the return of the Customer. In that case, Domestic will not proceed with a reimbursement. If the Customer requests in this case a reshipment of the products ordered, Domestic reserves the right to request the Customer to pay the costs for reshipping these goods. This amount corresponds to the one indicated on the Customer's invoice.
ARTICLE 9: PERSONAL DATA
In order to process Orders, personal information and data concerning the Customer must be collected by Domestic.
This data will also be transmitted to third parties and partner companies of Domestic, in particular to
• ensure the delivery of orders by its service providers and the after-sales service
• to carry out satisfaction surveys or investigations
• to communicate all activity statistics of the Site
Domestic may transmit the Customer's Personal Information to third parties in the event of sale, transfer or assets, reorganisation or liquidation.
Domestic has taken all the necessary precautions to ensure the security of its files and the protection of its IT system, and to prevent in particular that the Personal Information of Customers is distorted, damaged or that an unauthorised third party can access it.
In compliance with the "Information and Freedom" Law of January 6, 1978 as currently in force, the Customer has a right to access, rectify, modify and delete his personal data. The Customer may exercise this right by sending a letter to the following address or by email, indicating his surname, first name, email and postal address:
212 rue Saint Maur
email : email@example.com
Furthermore, for the sake of better service, the Site collects certain information relating to the connection of each user on the Site or Customer on the Site, in the form of cookies (for example, storage of credentials or of Products previously added to the shopping basket). Each user or Customer may, at any time, delete any trace of his visit to the Site by deleting all the cookies in his browser which the Site may have collected.
ARTICLE 10: SUSPENSION OR TERMINATION OF THE COSTUMER’S ACCOUNT
Via his account on the site, the Customer may at any time suspend or terminate his subscription to the site. He will send a request to the Customer Service of Domestic.
Furthermore, Domestic reserves the right to suspend or close the Customer's account in the event of payment incidents or defaults
ARTICLE 11: INTELLECTUAL PROPERTY
All the figurative elements present on the Domestic website and on the Moustache website and the “Domestic” trademark and “Moustache trademark”are the sole holder of "Domestic".
Domestic is also the holder of the intellectual property rights on the site and of the right to disseminate the Products which appear in the e-shop's catalogue (in particular the photographs for which it has obtained the necessary authorisations from the persons and authors concerned).
Consequently, the partial or total reproduction, on any medium whatsoever, of the component elements of the Site, of the "Domestic" trademark or of the catalogue, their use and their provision to third parties is formally prohibited.
ARTICLE 12: PROOF
The Customer is informed that the computer records, kept in Domestic's IT systems in reasonable conditions of security, will be considered as proof of communication of orders and of the payments made between the parties. The information delivered by the Internet Site will be taken as authentic between the parties.
The filing of purchase orders and invoices is carried out on a reliable and sustainable support which may be presented as evidence, the probative value of which is the same as that granted to an original signed copy on paper.
ARTICLE 13: FORCE MAJEURE
In the case of a Force Majeure event as defined by the case law of the French Courts, Domestic may be suspended the performance of his obligations. Domestic will inform the Costumer by email within seven (7) days of its occurrence.
In the event where this suspension continues after a period of 30 (thirty) days, the Customer will have the possibility to terminate the Order in progress affected by the Force Majeure, and will then be reimbursed the price of the Products ordered and for the delivery costs paid.
ARTICLE 14: ENTIRE AGREEMENT
These General Terms and Conditions of Sale express the entire obligations of Domestic and of the Customer. No other general or special condition communicated by the Customer may be included or derogate from these General Terms and Conditions.
The fact that Domestic or the Customer do not exercise any one of the rights under the Terms and Conditions shall not be deemed to be a waiver on its part of that right, such waiver being effective only where expressly declared.
ARTICLE 15: NON - WAIVER
The fact that Domestic does not invoke a breach by the Customer of any one of its obligations may not be interpreted as a waiver of the obligation in question, and to invoke this breach at a later date.
ARTICLE 16: SEVERABILITY
If one of several stipulations of these General Terms and Conditions of Sale is held invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will remain in full force and effect.
ARTICLE 17: DISPUTE
These General Terms and Conditions of Sale are subject to French law, both for rules of substance and of form.
In the absence of an amicable agreement between Domestic and the Customer, the dispute will be brought before the competent French courts in Paris.