General Conditions of Sale - Etoffe.com

General Conditions of Sale

These conditions of sale are concluded on the one hand by the company Etoffe.com, a simplified public limited company under French law (Société Anonyme Simplifiée, SAS) with capital of 20,428 euros and whose head office is located at Joinville-Le-Pont 94340, au 7 quai Gabriel Péri, registered in the Trade and Companies Register of Crétail under number 520 579 939, hereinafter referred to as "Etoffe.com", and on the other hand by any natural or legal person wishing to make a a purchase via the Etoffe.com website, hereinafter referred to as "the purchaser".

Article 1: Object

These conditions of sale aim to define the contractual relations between Etoffe.com and the purchaser and the conditions applicable to any purchase made remotely and electronically through the Etoffe.com retail website, whether the purchaser is professional buyer or a consumer.

The purchase of goods or a service through this site implies the purchaser's acceptance of these conditions of sale without reservation.

These conditions of sale shall take precedence over all other general or specific conditions not expressly agreed by Etoffe.com

Etoffe.com reserves the right to modify the conditions of sale at any time. In this case the applicable conditions will be those in force on the date on which the purchaser places the order.

Article 2: Features of the offered goods and services

The products and services offers are those that feature in the catalogue published on the Etoffe.com website.

Each product is accompanied by a description written by the supplier.

Article 3: Complaints regarding fabrics and textile products

It is essential that you verify the merchandise prior to use.

 Cut or tailored fabrics cannot be returned and nor are they covered by our 'Money back' guarantee or allow for the exercise of your right of withdrawal.

 The purchaser is the sole judge as to the suitability of the ordered goods for his intended use. He alone is responsible for the consequences resulting from this use and it is for him to select the qualities that are in keeping with his intended use, especially in the case of wall hanging.

Depending on the ambient hygrometry, variations in size and length - in particular in the case of curtains - are considered normal, especially with patterned fabrics and in case of cleaning.

 In the case of fabric that is found to be defective, the liability of Etoffe.com is strictly limited to the invoiced value of the fabric and cannot under any circumstances be extended to cover any other reimbursement (labour, consumables, losses and interests etc). All complaints must be issued by registered letter with acknowledgement of receipt within ten days of the delivery of the goods.

Article 3b: Complaints regarding wallpapers

Upon receipt of your order it is essential that you verify that none of the rolls are damaged and that the wallpaper and colours are correct. Papers can be rolled in either direction. You must ensure that the pattern is running in the right direction prior to hanging. You must verify that all of the rolls have the same batch number and that the paperer has noted the hanging instructions included or posted on our website. We have no liability for faults that were visible prior to hanging.

Once the paper has been hung we can no longer accept liability for any faults whatsoever. You can no longer benefit from our 'Money back' guarantee, nor can you exercise your right of withdrawal.
After having hung 3 or 4 drops (a maximum of 1 roll) the paperer must inspect the result to ensure that there are no faults. Complaints will not be accepted if several rolls have been hung with the same fault.
In the case of wallpaper that is found to be defective, the liability of Etoffe.com is strictly limited to the invoiced value of the wallpaper and cannot under any circumstances be extended to cover any other reimbursement(labour, consumables, losses and interests etc). All complaints must be issued by registered letter with acknowledgement of receipt within ten days of the delivery of the goods.

The purchaser is the sole judge as to the suitability of the ordered goods for his intended use. He alone is responsible for the consequences resulting from this use and it is for him to select the qualities that are in keeping with his intended use.

Article 4: Variations in colour shades

The seller is responsible for communicating the essential product characteristics to the customer.
The photographs in the catalogue are as accurate a representation as possible but cannot always guarantee a perfect likeness of the exact colour shade of the offered product. We would like to point out that computer screens can display significant differences when it comes to colour rendering.
If the customer wishes to verify the precise colour shade, it is advised that he order a sample or or choose an alternative product if a sample is not available. The website offers the option to order samples for the majority of its products.
On account of production constraints, there may be variations between the different dye baths used and production batches. If the customer wishes to know the precise colour shade that he will receive, he must order a stock sample in advance, while also reserving the desired quantity.
No complaints can be accepted regarding a variation in colour shade between multiple batches or dye baths if the purchaser has placed multiple different orders.

Article 5: Wall hangings

Because certain fabrics are sensitive to atmospheric variations, it is recommended that you install the fabrics in question in an atmosphere saturated with humidity.

Article 6: Prices

The prices stated in the catalogue are prices in euros, inclusive of all tax, taking into account the VAT applicable on the day the order was placed; any change in the rate of tax may be applied to the prices of the products or services.

Etoffe.com reserves the right to modify the prices at any moment, it being understood that the price stated in the catalogue on the day on which the order is placed will be that applicable to the purchaser.

The prices stated include order processing fees, but do not include transport and delivery fees.

Article 7: Duties, fees and import taxes

With regard to products being shipped to the French overseas administrative departments and territories and for countries outside of the European Union, the payment of duties, fees or local import taxes may be demanded by the tax or customs authorities. In any case the purchaser is liable for their payment.

Article 8: Orders

The language proposed for the conclusion of the contract is French. In application of the French Civil Code, the contract will be concluded from the moment of the second order click, by which the purchaser will have confirmed his shopping cart, having had the opportunity to correct it if necessary.

The purchaser wishing to purchase a product or service must:

– Complete the identification form, on which he must provide all of the requested information, or provide his customer number should he have one

– Complete the online purchase order, providing all of the references for the chosen products or services

– Validate his order after having verified it

– Confirm his order and payment

– May the payment in accordance with the stipulated conditions

In accordance with the provision of the French Civil Code regarding the conclusion of contracts online, the contract will be concluded when you click on the button that allows you to confirm your order, having inspected the details of this order and in particular the total price, and having been afforded the opportunity to correct any errors.

The confirmation of the order implies the acceptance of these conditions of sale, acknowledgment that you are perfectly aware of these conditions, and of the waiver outlining that they take precedence over your own conditions of sale or any other conditions.

All of the details provided and the recorded confirmation will serve as proof of transaction. The confirmation will serve as the signature and acceptance of the operations carried out.

The seller will send the confirmation of the recorded order by email.

Samples: the seller offers the sending of samples subject to a contribution to the fees which is less than the actual value of the service. The number of samples is limited to 4 samples per order. The seller reserves the right to consider any order for more than 12 samples within a period of 30 days to be an abuse of the service and to refuse the sending of any further samples. The abusive order will be cancelled and any amount already paid will be refunded to the customer.

Article 9: Right of withdrawal

Purchasers, natural and non-professional persons, shall benefit from a period of thirty days in which to exercise their legal right of withdrawal, calculated from the date of receipt of the products. In the case of the order of a service, the period runs from the moment of the acceptance of the offer. If the period expires on a Saturday, a Sunday or a holiday or non-working day, it shall be extended to the next working day.
You do not have to provide a reason for your decision to exercise your right of withdrawal. You will not incur any penalty.

The exercise of your right of return is excluded for the following products and services:

Services whereby execution has commenced with your authorisation

- Products tailored according to the customer's specification or clearly bespoke (in particular, and this list is not exhaustive, furniture customised with a fabric of your choice, made-to-measure rugs, made-to-measure wallpaper panels).

In the event that you exercise your right of withdrawal, the returned product must be in a saleable condition.
You must send the product to the following address:

Etoffe.com, 7 quai Gabiel Péri, 94340 Joinville-Le-Pont, France.

We would like to draw your attention to the fact that products that have been cut or tailored by the purchaser, even partially, are excluded from the right of withdrawal.

The return fees will be at your sole expense. The exercise of your right of withdrawal will result in the refunding of the sums paid for the order as quickly as possible and no later than within 30 days from the date on which you exercised this right. The refund will be issued by bank transfer or cheque.

 

Etoffe.com, within the scope of its "Money back" guarantee, has elected:

  • To extend the legal deadline to a period of 30 days, exclusively for natural, non-professional persons.
  • To include fabrics (lengths cut to the customers' specifications) within the scope of the right of withdrawal.

Article 10: Delivery time

Each product page features the time for delivery to mainland France.

You must add 2 to 3 days for other countries within Europe and approximately 7 days for the French overseas administrative departments and territories and the rest of the world. These times apply for capital cities. For locations that are further away it would be wise to allow a few additional days.

In the event that delivery has not been made within 7 days of these stated times, and excluding the event of force majeure, the purchaser may cancel his order to be delivered by registered post with acknowledgement of receipt, and will receive a full refund of the paid sums within 30 days.

Under no circumstances can a delay afford the purchaser the right to claim compensation for damages and interests.

Article 11: Payment

Payment is due upon order.

The accepted bank cards are: CB, Visa, MasterCard and American Express. Depending on the date of the order, a request to debit the amount from the bank account will be sent to the purchaser's bank within 3 days. The order will be considered final subject to agreement with the payment centre.

Payments are made using the secure CM-CIC p@iement system, which uses the SSL (Secure Socket Layer) protocol, as such that the information transmitted is encrypted by a software program and that no third parties can access the information during the course of its transmission on the network.

It is up to the purchaser to log in and print his payment slip if he wishes to keep a record of the details of the transaction.

PayPal payments are accepted. The holder of the PayPal account is the company Etoffe.com SAS whose head office is located at 7 quai Gabiel Péri, 94340 Joinville-Le-Pont, telephone 09 72 30 30 39.

At the request of the purchaser, he can be issued a paper invoice highlighting the VAT.

Article 12: Deliveries

Deliveries are made to the address specified on the purchase order.

In the event of damage during transport, a justified complaint must be issued by recorded mail with acknowledgement of receipt, to be sent to the shipping company within three days of delivery.

Upstairs furniture deliveries (seats, benches, sofas and the like) requiring a mechanical lifting device shall be at the sole expense of the purchaser.

For professional customers who are subject to specific commercial conditions, the risk shall be passed on to the buyer from the moment the products leave their dispatch location. In the event of damage during transport, a justified complaint must be issued by recorded mail with acknowledgement of receipt, to be sent to the shipping company within three days of delivery.

Article 13: Legal guarantees

All products supplied by the seller enjoy legal guarantees:
- Guarantee of the conformity of the goods with the contract (articles L211-1ff. of the French Consumer Code)?
- Guarantee against hidden defects (articles 1641 to 1649 of the French Civil Code)?
- Contractual guarantee
In the event of the non-compliance of a sold product, it can be returned to the seller who will offer a replacement, an exchange or a refund.
All complaints for compliance defects or guarantee claims for hidden defects must be issued by post or email. Packages must not be returned prior to registering your complaint or prior to the sending of the return instructions.

Article 14: Money-back guarantee.

The right of withdrawal defined in article 9 only concerns natural, non-professional persons.

The 'Money-back' guarantee offered by Etoffe.com extends this right to a period of 30 days and includes lengths of fabric cut to the customer's specification.

Natural or legal professional persons who do not fall within the legal or contractual scope of the right of withdrawal under article 9 also have the option to return their goods within a period of 10 days, within a limit of 1,000 euros including taxes and delivery fees.

Article 15: Liability

Within the online sale process, the seller is only bound by a 'best efforts' obligation; he cannot be held liable for damage resulting from the use of the Internet network, such as the loss of data, hacking, viruses, service downtime or other involuntary problems.

Article 16: Intellectual property

All components of the Etoffe.com website are and shall remain the exclusive intellectual property of Etoffe.com

No-one is authorized to reproduce, exploit, rebroadcast or use the components of the site, even partially, whether software, visual or audible data, for any purpose whatsoever.

The creation of simple or hypertext links is strictly prohibited without the express consent of Etoffe.com

Article 17: Protection of personal data

In accordance with the French law of 6 January 1978 relating to computing, data files and liberties, information containing the names of buyers may undergo automatic processing.
The personal details collected on our site are used for the processing of orders and for the management f the commercial relationship (deliveries, invoices, after-sales service). We may also use your information for advertising purposes, having first acquired your express consent and within the limits permitted by the law. If applicable, we may also use your personal information to satisfy our legal and/or regulatory obligations.
The recipients of your personal data are, if applicable, out payment method service providers, our delivery service providers, our commercial partners. In the case where it is provided for under the law, your consent will be obtained or you will be offered the option to refuse prior to any transmission of your data.

Our website uses cookies These are small text files that are placed on your hard disk. The cookies used on our website allow us to offer you the following services in particular: shopping cart, wish list, product recommendations. The majority of the cookies are intended to enable or facilitate your navigation and are necessary to the function of our online shop. The use of cookies, our own or third-party, that are not essential to the function of the website require your express consent. You can grant your consent or object to the use of cookies by configuring your connecting device accordingly. In this regard, you can consult the user manual for your browser in particular. If you choose to subscribe to Buyer Protection, personal data will be sent to the Trusted Shops company. You can find more details on the Trusted Shops policy for the protection of your personal data at http://www.trustedshops.fr/mentions-legales.html
Please note that the person whose personal details are processed has the right to access, correct and object to the processing of his personal data. You can exercise these rights by contacting: Customer Service - Etoffe.com.

If you have issued your consent to receive our newsletter, you can withdraw this consent at any time using the Unsubscribe link at the bottom of our newsletters. You can also submit your request to: Customer Service - Etoffe.com.
The automated processing of information, including the management of site users' email addresses was the subject of a declaration issued to the CNIL on 9 April 2010, recorded under number 1423371.?The party responsible for the processing of personal data is: SAS Etoffe.com.

Under no circumstances does Etoffe.com have access to its customers' bank details.

Article 18: Archiving - Proof

The contracts concluded on our website (information relating to your order and GCS in force on the day of your order) are archived for a period of 10 years. You can access archived contracts by submitting a request by email to our customer service, or by post.

The computerised databases operated by Etoffe.com constitute a reliable and long-lasting backup consisting of an accurate copy in accordance with the provisions of article 1348 of the French Civil Code. They will be considered by the parties to be a proof of communications, GCS, orders, payments and transactions undertaken between the parties.

Article 19: Retention of ownership clause

Etoffe.com retains ownership of the goods up until the full payment of their price in full and any interest. In the event of failure to pay by the agreed deadline, Etoffe.com may reclaim the goods and the sale will be rightfully cancelled by Etoffe.com.

Article 20: Applicable law and jurisdiction

These conditions are subject to French law. The language of this contract is French. The competent court in the case of any dispute will be that of the place of residence of the defendant or, at the request of the claimant, the effective place of delivery of the product.

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