General conditions of sale of products online to individual consumers
Preamble
These general conditions of sale apply to all sales concluded on the Meubles Cosy website.
The website www.meublescosy.com is a service of:
The company FURNISH1 located at 46 rue des Vieilles Vignes 77183 Croissy Beaubourg, France
Website URL: www.meublescosy.com
e-mail: contact@meublescosy.com
phone number: 0164215328
The Meubles Cosy website sells the following products: Home equipment. The customer declares that they have read and accepted the general terms and conditions of sale prior to placing their order. Validation of the order therefore constitutes acceptance of the general terms and conditions of sale.
Article 1 - Principles
These general terms and conditions express the entirety of the parties' obligations. In this sense, the buyer is deemed to accept them without reservation. These general terms and conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels. They are accessible on the Meubles Cosy website and will prevail, where applicable, over any other version or any other contradictory document. The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are posted online. If a condition of sale were to be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France. These general terms and conditions of sale are valid until December 31, 2021.
Article 2 - Content
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the Meubles Cosy website. These terms and conditions only concern purchases made on the Meubles Cosy website and delivered exclusively in mainland France or Corsica. For any delivery to the French overseas departments and territories or abroad, please send a message to the following email address: contact@meublescosy.com. These purchases concern the following products: Home equipment.
Article 3 - Pre-contractual information
The buyer acknowledges having received, prior to placing his order and concluding the contract, in a legible and comprehensible manner, these general terms and conditions of sale and all the information listed in Article L. 221-5 of the Consumer Code. The following information is transmitted to the buyer, in a clear and comprehensible manner: the essential characteristics of the good; the price of the good and/or the method of calculating the price; if applicable, all additional transport, delivery or postage costs and all other possible costs payable; in the absence of immediate execution of the contract, the date or period by which the seller undertakes to deliver the good, regardless of its price; information relating to the identity of the seller, their postal, telephone and electronic contact details, and their activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and methods of implementing guarantees and other contractual conditions.
Article 4 - The order
The buyer has the possibility to place his order online, from the online catalog and using the form provided therein, for any product, within the limit of available stocks. The buyer will be informed of any unavailability of the product or good ordered. For the order to be validated, the buyer must accept, by clicking on the place indicated, the present general conditions. He must also choose the address and the method of delivery, and finally validate the method of payment. The sale will be considered final: after sending to the buyer the confirmation of the acceptance of the order by the seller by email; and after receipt by the seller of the full price. Any order constitutes acceptance of the prices and the description of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below. In certain cases, in particular non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved. For any questions regarding the tracking of an order, the buyer can call the following telephone number: 0164215328 (cost of a local call), on the following days and times: Monday to Friday from 9 a.m. to 6 p.m., or send an email to the seller at the following email address: contact@meublescosy.com.
Article 5 - Electronic signature
The online provision of the buyer's bank card number and the final validation of the order will constitute proof of the buyer's agreement: due date of the amounts due under the purchase order; signature and express acceptance of all operations carried out. In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noted, to contact the seller at the following telephone number: 0164215328.
Article 6 - Order confirmation
The seller provides the buyer with an order confirmation by email.
Article 7 - Proof of the transaction
The computerized records, stored in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 8 - Product information
The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks. The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred with regard to this presentation, the seller cannot be held liable. The photographs of the products are not contractual.
Article 9 - Prices
The seller reserves the right to modify its prices at any time but undertakes to apply the rates in force indicated at the time of the order, subject to availability on that date. Prices are indicated in euros. They do not take into account delivery costs, invoiced in addition, and indicated before validation of the order. Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.If one or more taxes or contributions, particularly environmental ones, were to be created or modified, either upwards or downwards, this change could be reflected in the sale price of the products.
Article 10 - Method of payment
This is an order with payment obligation, which means that placing the order implies payment by the buyer. To pay for his order, the buyer has the choice of all the payment methods made available to him by the seller and listed on the seller's website. The buyer guarantees to the seller that he has the authorizations that may be necessary to use the payment method chosen by him, when validating the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by credit card by officially accredited organizations or in the event of non-payment. The seller reserves in particular the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is currently being administered. Payment of the price is made in full on the day of the order, according to the following terms: credit card paypal
Article 11 - Availability of products - Reimbursement - Resolution
Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the home page of the site, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email. For deliveries in Metropolitan France and Corsica, the time limit is approximately 10 days from the day after the buyer placed their order, according to the following terms: Eco delivery dropped off at the foot of the home. At the latest, the time limit will be 30 working days after the conclusion of the contract. For deliveries to the French Overseas Territories or another country, the delivery terms will be specified to the buyer on a case-by-case basis. In the event of non-compliance with the agreed delivery date or time, the buyer must, before terminating the contract, order the seller to perform it within a reasonable additional period. In the absence of performance at the end of this new period, the buyer may freely terminate the contract. The buyer must complete these successive formalities by registered letter with acknowledgement of receipt or by writing on another durable medium. The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this termination, unless the professional has performed in the meantime. The buyer may, however, immediately terminate the contract, if the dates or deadlines seen above constitute an essential condition of the contract for him. In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated. In the event of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the option of canceling his order. The buyer will then have the choice of requesting either the reimbursement of the sums paid within 14 days at the latest of their payment, or the exchange of the product.
Article 12 - Delivery terms
Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered in accordance with the terms and within the time specified above.The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form. If the buyer is absent on the day of delivery, the delivery person will leave a calling card in the mailbox, which will allow the package to be collected at the place and time indicated. If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because open or damaged). The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, product missing compared to the delivery note, damaged package, broken products, etc.). This verification is considered to have been carried out as soon as the buyer, or a person authorized by him, has signed the delivery note. The buyer must then confirm these reservations by registered letter to the carrier no later than two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the legal notices of the site. If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days following delivery. Any claim made outside this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Article 13 - Delivery errors
The buyer must make any claim for delivery errors and/or non-conformity of the products in nature or quality with the information on the order form to the seller on the same day of delivery or at the latest on the first working day following delivery. Any claim made after this deadline will be rejected. The claim may be made, at the buyer's choice: by telephone at the following number: ; by e-mail at the following address: contact@meubles-cosy.com. Any claim not made in accordance with the rules defined above and within the time limits will not be taken into account and will release the seller from any liability towards the buyer. Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and will communicate it by email to the buyer. The exchange of a product can only take place after the exchange number has been assigned. In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by Colissimo Recommandé, to the following address: Entrepôt FURNITURER, Avenue Raoul Aladenize, 18500 Mehun Sur Yèvre. The return costs are the responsibility of the seller.
Article 14 - Product warranty
14-1 Legal guarantee of conformity
The seller guarantees the conformity of the goods sold to the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code.In the event of implementation of the legal guarantee of conformity, it is recalled that: the buyer benefits from a period of 2 years from the delivery of the goods to act; the buyer can choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code; the buyer does not have to provide proof of the non-conformity of the goods during the 24 months in the case of new goods (6 months in the case of used goods), following delivery of the goods.
14-2
Legal guarantee of hidden defects In accordance with articles 1641 et seq. of the Civil Code, the seller is responsible for hidden defects that may affect the goods sold. It will be up to the buyer to prove that the defects existed at the time of sale of the goods and are such as to render the goods unfit for the use for which they are intended. This guarantee must be implemented within two years from the discovery of the defect. The buyer can choose between the resolution of the sale or a reduction in the price in accordance with article 1644 of the Civil Code.
Article 15 - Right of withdrawal
Application of the right of withdrawal In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order, to return any item that does not suit him and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice. Damaged, soiled or incomplete products are not taken back. The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the desire to withdraw. In the event of exercising the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the delivery costs are reimbursed. The return costs are the responsibility of the buyer. The exchange (subject to availability) or refund will be made within approximately 10 days, and at the latest, within 14 days from receipt by the seller of the products returned by the buyer under the conditions provided above.Exceptions According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts: for the supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period; for the supply of goods made to the consumer's specifications or clearly personalized; for the supply of goods likely to deteriorate or expire rapidly; for the supply of goods that have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection; for the supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items; for the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional; of maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency; of supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery; of supply of a newspaper, periodical or magazine, except for subscription contracts to these publications; of supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.
Article 16 - Force majeure
Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions are considered as grounds for exemption from the parties' obligations and result in their suspension. The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance. Any irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as cases of force majeure. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers. The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure event lasts for more than three months, these general conditions may be terminated by the injured party.
Article 17 - Intellectual property
The content of the website remains the property of the seller, the sole holder of intellectual property rights over this content. Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
Article 18 - Data Protection and Freedoms
The personal data provided by the buyer are necessary for processing the order and issuing invoices.They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders. The processing of information communicated via the Meubles Cosy website has been declared to the CNIL. The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him. This right may be exercised under the conditions and according to the methods defined on the Meubles Cosy website
. Article 19 - Partial non-validation
If one or more provisions of these general conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
Article 20 - Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.
Article 21 - Title
In the event of any difficulty of interpretation between any of the headings appearing at the head of the clauses, and any of the clauses, the headings shall be declared non-existent.
Article 22 - Contract language These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute. Article 23 - Mediation and dispute resolution The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The names, contact details and email address of the mediator are available on our website. In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court resolution of online disputes between consumers and professionals in the European Union. This platform is accessible via the following link: https://webgate.ec. europa.eu/odr/.
Article 24 - Applicable law
These general conditions are subject to the application of French law. The competent court is the judicial court. This applies to both substantive and formal rules. In the event of a dispute or complaint, the buyer will contact the seller as a priority to obtain an amicable solution.
Article 25 - Protection of personal data
Data collected The personal data collected on this site are as follows: account opening: when creating the user's account, their surname; first name; email address; telephone number; postal address; connection: when the user connects to the website, it records, in particular, their surname, first name, connection data, usage data, location data and payment data; profile: the use of the services provided on the website allows a profile to be filled in, which may include an address and telephone number; payment: as part of the payment for the products and services offered on the website, it records financial data relating to the user's bank account or credit card; communication: when the website is used to communicate with other members, the data concerning the user's communications are temporarily stored; cookies: cookies are used, as part of the use of the site. The user has the option of deactivating cookies from their browser settings. Use of personal data The personal data collected from users is intended to provide the website services, improve them and maintain a secure environment. More specifically, the uses are as follows: access and use of the website by the user; management of the operation and optimization of the website; organization of the conditions of use of the Payment Services; verification, identification and authentication of the data transmitted by the user; proposal to the user of the possibility of communicating with other users of the website; implementation of user assistance; customization of services by displaying advertisements based on the user's browsing history, according to their preferences; prevention and detection of fraud, malware (malicious software) and management of security incidents; management of possible disputes with users; sending commercial and advertising information, according to the user's preferences. Sharing of personal data with third parties Personal data may be shared with third-party companies in the following cases: when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts; when the user publishes, in the free comment areas of the website, information accessible to the public; when the user authorizes a third-party website to access their data; when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data, in the context of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data; if required by law, the website may transmit data to respond to claims filed against the website and to comply with administrative and judicial procedures; if the website is involved in a merger, acquisition, transfer of assets or bankruptcy proceeding, it may be required to transfer or share all or part of its assets, including personal data.In this case, users would be informed before personal data is transferred to a third party. Security and confidentiality The website implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet. Implementation of user rights In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: contact@meubles-cosy.com. the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy. the right of rectification: if the personal data held by the website is inaccurate, they can request that the information be updated. the right to delete data: users can request the deletion of their personal data, in accordance with applicable data protection laws. the right to limit processing: users can ask the website to limit the processing of personal data in accordance with the assumptions provided for by the GDPR. the right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR. the right to portability: they can request that the website provide them with the personal data provided to them in order to transmit them to a new website. Changes to this clause The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a change is made to this clause on the protection of personal data, the website undertakes to publish the new version on its site. The website will also inform users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the clause on the protection of personal data, he/she has the option of deleting his/her account. Appendix: Withdrawal form (to be completed by the consumer, and sent by registered letter with acknowledgement of receipt, within a maximum period of 14 days following the date of conclusion of the service contract)
“The seller delivers goods that conform to the contract and is liable for any lack of conformity that exists at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed in his charge by the contract or has been carried out under his responsibility.” Article L.217-5: “The good is in conformity with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.” Article L. 217-6: “The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately unable to know them.” Article L. 217-7: “Lack of conformity that appears within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.” Article L. 217-8: “The buyer is entitled to demand that the goods conform to the contract. However, he may not contest conformity by invoking a defect that he knew about or could not have been unaware of when he entered into the contract. The same applies when the defect originates in the materials that he himself supplied.” Article L. 217-9: “In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate compared to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer." Article L. 217-10: "If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer taking into account the nature of the goods and the use he is seeking. However, the sale cannot be cancelled if the lack of conformity is minor." Article L. 217-11: The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not prevent the allocation of damages. Article L. 217-12: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.” Article L. 217-13: “the provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognized by law.” Article L. 217-14: “The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable good, according to the principles of the Civil Code. Article L.217-15: "The commercial guarantee means any contractual commitment of a professional towards the consumer with a view to the reimbursement of the purchase price, the replacement or repair of the good or the provision of any other service in relation to the good, in addition to its legal obligations aimed at guaranteeing the conformity of the good. The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer. The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor. In addition, it clearly and precisely states that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code. The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the Civil Code are reproduced in full in the contract. In the event of non-compliance with these provisions, the guarantee remains valid. The buyer is entitled to rely on it." Article L. 217-16: “When the buyer asks the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention.” Civil Code Article 1641: “The seller is bound by the warranty for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.” Article 1648: “The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity.”