These general terms and conditions of sale apply exclusively to sales made in Luxury Bed located in France. The customer declares that he/she has read and accepted these general terms and conditions of sale before placing his/her order. Validation of the order therefore implies unreserved acceptance by the customer of these general terms and conditions of sale.
The submission of a quotation will only constitute a commitment for immediate execution if it is followed by the signature on the corresponding order form, unless expressly stipulated on the quotation, by the words “approved” with the signature of the customer and the seller.
Quotations and any accompanying drawings and sketches remain the property of the seller. They may not be communicated, even in part, to third parties without the seller’s authorisation, failing which the seller will be liable for damages. All texts, comments, publications, illustrations, works and images reproduced or represented on the quotation are strictly reserved by the seller under copyright law and intellectual property law for the entire world. Any total or partial reproduction or representation of the quotation or of all or part of the elements contained in the quotation is strictly prohibited.
When submitting a quotation, the customer will provide the seller with his telephone and postal details.
The customer has the right to register on the BLOCTEL list (opposition to cold calling list).
However, the customer explicitly agrees to be called back and/or contacted by the seller on the telephone number specified on the quotation within a maximum of 3 months following submission of the quotation, even if the customer’s telephone number has been registered with BLOCTEL. The seller undertakes to use this telephone number only to follow up on the documents given to the customer when they visit the shop (quotation, price proposal) within a maximum period of 3 months.
Customers choose the goods based on their own criteria (size, firmness, materials, etc.). The seller provides information to help the customer make the right choice, but is not a substitute for the customer’s decision to buy. The customer is informed that no goods will be taken back by the seller in the event of an error by the customer in the choice of goods, except with the express agreement of the seller.
The order form is FIRM AND DEFINTIVE for the customer. Any change in the quantity or quality of an order will only be accepted by the seller insofar as it does not disrupt production or supply.
If necessary, it may result in an increase in prices and a new delivery date.
Orders for which the seller issues a numbered voucher will only be binding on the seller once a deposit has been received, the amount of which is determined by the parties, unless the seller waives this requirement.
However, in the event that the Customer requests credit for a period of more than three (3) months, the sale will not become final until the preliminary offer of credit provided for by law becomes final.
There is no cooling-off period for in-store sales.
However, in the case of a sale on credit, the customer has a right of withdrawal of 14 calendar days from the date of acceptance of the offer of credit. The contract of sale will be automatically terminated, without compensation, if the customer, within this period of 14 calendar days, exercises his right of withdrawal relating to the credit allocated under the conditions set out in article L. 312-19 of the French Consumer Code.
In the case of a sale on credit, if the customer requests immediate delivery of the goods by means of a written, dated and signed request (L.312-47 of the French Consumer Code) without waiting for the end of his or her right of withdrawal, the sale will be considered definitive within 3 days of acceptance of the preliminary credit offer if delivery of the goods takes place within this 3-day period, or on the day of delivery of the goods if delivery takes place from the 4th day following acceptance of the credit agreement offer.
In the event that the sales contract is cancelled following the exercise of the right of withdrawal for affected credit, the seller will be obliged to reimburse, on simple request, any sum that the customer may have paid in advance of the price. From the eighth (8th) day following the request for repayment, this sum will automatically bear interest at the legal rate plus half.
The seller can only guarantee that the goods sold will be restocked and be held liable for this only to the extent that it is able to do so or to the extent that the manufacturer is able to do so.
If, after the goods have been made available, the delivery date is postponed by the customer, the goods will, unless otherwise agreed by the parties, be deemed to have been delivered on the date on which they were made available. The invoice will be issued on that date. In this case, the goods will remain stored in the shop(s) and may remain there for one month at the seller’s expense.
On expiry of this period and after formal notice to take possession of the goods, the seller will then be entitled either to invoice the customer for the cost of storage in the shop(s), or to place the goods in furniture depository at the customer’s expense and risk. If the cost of storing the goods exceeds the amount paid by the customer when the order was placed, the sale will be automatically cancelled to the detriment of the customer, without any refund for the customer.
The seller undertakes to deliver at the latest on the date or within the delivery period agreed on the order form (article L.216-1 et seq. of the French Consumer Code).
If the goods are not delivered to the customer by this date and this delay is not due to the customer, the customer will be entitled to cancel the contract 8 days after the seller has received a formal notice sent by registered letter with acknowledgement of receipt, which has remained unanswered. The sums paid will then be returned to the customer, without duplication, within 14 days of the termination of the contract. The above provisions do not apply in the event of force majeure or an act of God.
Subject to the customer’s compliance with the provisions of Article 8 below, the seller undertakes to bear the transport risks, except where the customer takes the goods with him or deals with the carrier himself. The transfer of risks will take place as soon as the delivery note is signed by the customer or the third party designated by the customer.
Goods are only delivered to the following territories: Mainland France, Switzerland, Belgium, Luxembourg, England.
Unless the seller advises otherwise or the customer arranges for the furniture to be taken away or transported, the seller will be responsible for assembling the goods.
In the case of installation work, transfer of ownership takes place as and when the work is accepted by the customer or the architect, or when the progress reports are submitted, subject to the clause containing a reservation of title set out in Article 12.
The customer must provide the seller with all the information required for delivery of the goods. The seller accepts no liability for any error or inaccuracy in the delivery address.
The goods are delivered to the customer’s home, in the room of their choice. However, if due to the small size of the premises or means of access, not specified at the time of ordering, the goods cannot be delivered to the room chosen by the customer, the goods will be delivered to the doorstep of the customer’s home. The customer will be personally responsible for transporting and assembling the goods in their home, or, after acceptance of a prior estimate, will bear the additional costs associated with difficulties encountered from the threshold of the home to its interior (rental of lifts, delivery by cherry picker, etc.).
If delivery is not possible, the goods will be made available to the customer at the shop and the invoice will become immediately payable.
We would particularly like to draw the customer’s attention to the fact that our obligations (delivery, installation, return of furniture, etc.) in respect of orders placed may be suspended in order to comply with the recommendations of health and government organisations in the event of an epidemic (e.g. Covid-19), without the customer being able to hold us liable and or to cancel orders in progress
Payment shall be made in accordance with the conditions laid down at the time the order is placed. Any price reduction that is not accepted by the seller, that is not justified or that is not proportional will expose the customer to financial penalties.
All prices are net, in Euros, including all taxes and packaging, ex point of sale.
If the seller has agreed to deliver the goods, the delivery costs will be invoiced to the customer at the rate specified on the order form, unless expressly stated otherwise. Any goods tax relating to the collection and recycling of waste furniture will be invoiced, without margin or discount, in addition to the sale price. The tax will be invoiced at the rate in force on the date of delivery of the goods, including in the event of a change in this tax between the date of the order and the date of delivery.
Unless otherwise agreed, the balance of the invoice must be paid to the deliverer. In the event of a partial delivery requested by the customer, the customer must, in addition to the deposit already paid, pay for the goods actually delivered and may not, under any circumstances, postpone this payment until the date of delivery of the balance of the order.
In the event of payment by bill of exchange for a period not exceeding 3 months, it is agreed that in the event of non-payment of a single instalment, all the remaining sums due by the customer shall become immediately and automatically payable 8 days after formal notice has been sent by registered letter with acknowledgement of receipt.
The customer or his authorised representative must check the goods at the time of delivery and, in the event of apparent damage, state on the delivery note the reservations he intends to set out regarding the condition of the goods received, any general reservation such as “subject to unpacking, packaging intact” having no value.
The customer must set out precise and detailed reservations on the delivery note given to the delivery person. The customer is hereby informed that the absence of any written reservations on the delivery note shall constitute a presumption that the goods have been delivered in conformity. The customer must inform the seller of any reservations within forty-eight (48) hours of delivery of the goods.
The customer may not invoke against the seller an apparent defect in the goods or a defect of which he was aware or could not ignore when he acquired the goods.
In all circumstances, the seller shall apply the provisions of the legal guarantee of conformity of the goods to the contract under the terms of article L217-4 et seq. of the French Consumer Code.
The customer has 2 years from delivery of the goods to take action.
The customer may choose between repairing or replacing the goods, subject to the cost conditions set out in article L217-9 of the French Consumer Code.
The customer does not have to prove the existence of the lack of conformity of the goods during the legal warranty period, except for second-hand goods for which the period is 6 months.
Article L.217-4 of the French Consumer Code: “The seller shall deliver goods in accordance with the contract and shall be liable for any lack of conformity at the time of delivery.
Article L. 217-5 of the French Consumer Code: “the goods conform to the contract:
(1) whether it is fit for the use ordinarily expected of similar goods and, if so:
– corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model
– has the qualities that a purchaser may legitimately expect having regard to the public statements made by the seller, by the producer or by its representative, particularly in advertising or labelling.
(2) Or if it has the characteristics defined by mutual agreement between the parties, or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.”
Article L217-9 of the French Consumer Code: “In the event of a lack of conformity, the buyer chooses between repairing or replacing the goods”. However, the seller may not proceed according to the buyer’s choice if this choice would result in a cost that is manifestly disproportionate to another method, taking into account the value of the goods or the significance of the defect. It is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L. 217-12 of the French Consumer Code: “An action arising from a lack of conformity is time-barred after two years from delivery of the goods.
The customer may also decide to invoke the guarantee against hidden defects under article 1641 et seq of the French Civil Code. In this case, the customer may choose between rescinding the sale or reducing the price in accordance with Article 1644 of the French Civil Code.
Article 1641 of the Civil Code: “The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that impair that use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them.
Article 1644 of the French Civil Code: “The buyer has the choice of returning the item and having the price of it returned to him, or keeping the item and having part of the price of it returned to him, as determined by experts.
Article 1648 paragraph 1 of the French Civil Code :” Any action arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.”
In order to assert his rights under the legal guarantee of conformity or against hidden defects in the item sold, the customer must return the item to the seller in a clean and hygienic condition and free of stains or risk losing his rights.
The warranty does not cover:
• Changes in the appearance of the coverings and padding due to wear and tear and use of the product (softening or breakage of the foam padding) under normal conditions of use
• Residual distension of the coating in the most heavily used areas, due to the stresses to which the product is subjected during use.
• Discolouration, alteration or any change or deterioration in appearance due to:
– excessive natural or artificial light.
– the use of any maintenance product that is not suitable for the covering, or failure to comply with maintenance conditions.
– external causes: domestic accidents, water damage, stains, burns, scratches, animals, etc.
– incorrect assembly, adjustment or other work carried out by persons not authorised by the seller.
– to the action of perspiration and the body’s natural perspiration or to the action of seborrhoea.
• Shade and colour migration from items in contact with the product whose colour has not stabilised (clothing, throws, decorative cushions, belts, handbags, etc.).
• Deformation of the product, fixed or mobile mechanical structures, breakage of structures due to incorrect use or intensive overloads concentrated on a given point due to a particular or unusual characteristic use.
• Damage to elements such as zips, inter-element fixings, headrest or armrest racks and various accessories caused by inappropriate use.
• Damage caused intentionally by a user.
• Use in public or professional places, unless it is a model adapted for this use and specified on the order form.
• Repairs or modifications carried out on the customer’s initiative by the customer or by a company of the customer’s choice without the express written agreement of the seller’s customer service department.
No goods may be returned to the seller without the it’s prior knowledge and in compliance with the seller’s return instructions.
The seller reserves the right of ownership of the goods delivered until the goods have been paid for in full.
In order to invoke the present clause, it is sufficient for the seller to send a simple registered letter with acknowledgement of receipt to the customer informing him of his formal wish to have the goods returned.
The sale will be cancelled ipso jure and any deposits already paid will be retained by the seller.
However, it is expressly stipulated that, except in the case of the application of the guarantee clause provided for in article 9 above, the customer will be responsible for the goods deposited with him as soon as they are physically handed over, the transfer of possession entailing the transfer of risks.
As a result, the customer must take all necessary steps and, where appropriate, take out all necessary insurance to compensate for any partial or total destruction of the goods, whatever the cause.
For orders placed on or after 1 January 2022, customers may, if they do not wish to keep their old furniture and household electrical appliance products:
– Donate them to a local social and solidarity-based enterprise (e.g. Emmaüs, Envie, etc.);
– Drop them off at a local collection point (for transportable products without equipment) which can be found at: https://www.eco-mobilier.fr/vos-points-de-collecte-dedies/
– Or return it for free to the furniture/appliance shop or to the service provider that the shop indicates in exchange for the purchase of products of the same type and up to the quantity of products sold (“1-for-1”), in accordance with Articles L.541-10 et seq. and articles R.541-158 et seq. of the Environment Code.
This contract is governed by French law.
In the event of a dispute between Luxury Bed and the customer, both parties will endeavour to find an amicable solution.
If no amicable agreement can be reached, and in accordance with the provisions of article L612, the customer may refer the matter free of charge to the consumer mediator to which Luxury Bed belongs, i.e. the Association of European Ombudsmen (AME CONSO), within one year of the written complaint sent to Luxury Bed customer service department.
Referral to the Consumer Ombudsman must be made :
– By completing the form provided on the AME CONSO website: www.mediationconso-ame.com
– Or by post to AME CONSO, 11 Place Dauphine – 75001 PARIS. “
Information relating to the customer’s order, collected when a quotation is drawn up or when the order form is signed, is subject to automated processing of personal data by the seller.
Data Protection Officer: Gilles DEMANGE
The purpose of processing personal data is:
– managing and tracking customer orders, tracking deliveries and invoices, tracking customer relations, including warranty claims,
– and, if the customer has consented, loyalty-building and commercial canvassing activities (targeted product mailings, information on promotions, organisation of games asking for opinions on products, etc.).
Personal data may be transferred to service providers for the purpose of fulfilling orders. If the customer has consented, the data may also be transferred to the seller’s partners, who may then send the customer commercial offers.
However, the customer may object free of charge and at any time to any commercial prospecting and/or to any transfer of data concerning him/her by writing to the following address: – SAS PMD 182 rue du Faubourg Saint-Honoré 75008 Paris or by e-mail firstname.lastname@example.org
The mandatory or optional nature of data is indicated to the customer at the time of collection by an asterisk. Some data is mandatory as it is required to process the order. Failure to reply may result in cancellation of the order.
Data will be housed in countries that are members of the European Union or that have a sufficient and appropriate level of protection.
The data will be kept in an active database for 5 years after the end of the commercial relationship with the customer (end of the guarantee). The data may then be archived for a further 5 years, with access restricted for limited purposes authorised by law. After this period, the data will be deleted.
Customers have the right to access, rectify, limit, object to, delete and port their personal data in accordance with the laws and regulations in force in France.
To exercise their rights, customers must write to the following address – SAS PMD – 182 rue du Faubourg Saint-Honoré 75008 Paris indicating their first and last names and presenting their request. In accordance with current regulations, the customer’s request must be signed and accompanied by a photocopy of an identity document bearing the customer’s signature, and must specify the address to which the reply is to be sent. A reply will be sent to you within one (1) month, possibly extended by two (2) months following receipt of the request.
In the event of a complaint, the customer may contact the Commission Informatique et Libertés (CNIL) via its website www.cnil.fr or by post to 3 place de Fontenoy, 75334 Paris Cedex 07.
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