TERMS AND CONDITIONS
ARTICLE 1: SCOPE OF APPLICATION
The present general terms and conditions of sale (hereinafter, the "General Terms and Conditions of Sale") apply to all sales:
· of the tohaadesign.com website (hereafter, the "Site"), property of the SAS BS CORPORATE (hereafter, the "Seller"), registered with the Paris RCS under the number 802 021 493, intracommunity VAT number R55 802021493, with a share capital of 28 040 € and whose head office address is 15, rue de Miromesnil 75008 Paris ;
· from natural persons purchasing for their personal needs or legal entities purchasing for their professional needs (hereinafter, the "Customer(s)"), excluding resale activities;
· concerning the product(s) (hereinafter, the "Product(s)"), registered designs of designer toilet seats.
The Site reserves the right to modify its General Terms and Conditions of Sale at any time. The modifications of the General Terms and Conditions of Sale are opposable from the moment they are put online and the version applicable to the Customer's purchase is the one in force on the Site at the time the order is placed.
The General Terms and Conditions of Sale are accessible on the Site and can be freely consulted online, copied, stored and printed by the Customer.
When placing the Order (hereinafter, the "Order"), the Customer guarantees that he is fully aware of the General Terms and Conditions of Sale and has full legal capacity to adhere to them.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are presented on the Site. The Customer is required to read it before placing any order.
Furthermore, the choice and purchase of a Product is the sole responsibility of the Customer.
Offers of Products are understood to be within the limits of available stocks, as specified when the Order is placed.
The Customer declares having read these General Terms and Conditions of Sale and having accepted them, by ticking the box provided for this purpose, before the implementation of the Site's ordering procedure. This validation of the Order by the Customer constitutes irrevocable and unreserved acceptance of the General Terms and Conditions of Sale.
The data recorded by the Site and confirmed to the Customer constitute proof of all transactions concluded with the Customer.
The Products presented on the Site are offered for sale on French and European territory. In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and DOM-TOM, the price will be automatically calculated net of tax on the invoice.
Customs duties or other local taxes or import duties or state taxes are likely to be payable and will be at the expense and under the full responsibility of the Customer.
ARTICLE 2: ORDERS
Once the Order has been completed online, the Customer has the opportunity to check the Products ordered and the total price of his Order. He keeps the possibility to modify his Order before validating it, this last step formalizing the distance selling contract between the Site and the Customer, necessarily implying the irrevocable acceptance by the Customer, without restriction or reserve, of the General Terms and Conditions of Sale before validating the Order. An Order confirmation is then sent to the Customer by e-mail.
The validation of the Order by the Customer implies acceptance of the prices, quantities and Products offered for sale on the Site. It is the Customer's responsibility to check the accuracy of his Order and to immediately report any error he may have made.
The sale shall be considered firm with regard to the Customer as soon as the Order has been validated. Indeed, in accordance with the law n° 2000-230 of March 13, 2000 on electronic signature and the law n° 2004-575 on confidence for the digital economy of June 21, 2004, any Order validated by the Customer by his "double-click" or by his agreement on his telephone constitutes an irrevocable acceptance of the sale, just like a handwritten signature.
The sale shall only be considered firm with regard to the Site once the Order confirmation has been sent to the Customer by e-mail and after effective collection of the full sale price, except in the case of sales validated with payment in instalments or on credit.
It is specified that the Site reserves the right to refuse to honour an Order placed by a Customer that is the cause of a previous or current dispute with the Site.
The offers of Products are always within the limit of available stocks, so Orders are processed according to their order of registration in the Site's computer systems and within the limit of available stocks.
The Customer will be able to follow the progress of his order on the Site.
Indications on the availability of the Products are visible on the Site or provided at the time the Order is placed. However, stock differences or stock shortages are always possible. As soon as they are discovered, the Site undertakes to contact the Customer by e-mail or telephone to inform him/her of the change in the delivery time of his/her Order, to offer an equivalent model, a credit note or reimbursement of the Order.
Any cancellation of the Order by the Customer, after its acceptance by the Seller, shall only be possible within fourteen days following acceptance of the Order by the Seller, and as long as delivery has not taken place (regardless of the provisions relating to the application or otherwise of the statutory right of withdrawal).
ARTICLE 3: PRODUCTS
The Products offered for sale on the Site are presented with their photos and technical descriptions (e.g. texts, sketches, dimensions), in order to allow the Customer to know the essential characteristics of the Products before ordering.
In addition, the Customer has the possibility to ask questions by e-mail to the Vendor (service-clients@TohaaDesign.fr), if he wishes to obtain clarification before ordering.
It is reminded that the rendering of a photo may differ from the reality of the Product. Colour deviations due to light, reflections or simply the quality of the colour reproduction on the customer's screen are possible, as well as deviations or distortions in the perception of dimensions.
The Site will not be held responsible for these discrepancies between the photo and the reality, nor in the event of an error in a technical description.
ARTICLE 4: PRODUCT PRICES
The prices of the Products are clearly indicated on the Site, as well as their period of validity in certain cases (for example a promotional operation limited in time).
The Site reserves the right to modify its prices and commercial operations at any time, in compliance with the regulations in force.
In the context of an Order, the applicable rate is the one indicated at the time the Order is validated and confirmed by the Site, regardless of any subsequent variation in rates, whether downward or upward.
Prices are in Euros, all taxes included.
These rates do not include the costs of processing, shipping, transport and delivery, or any other additional services that will be charged to the Customer in addition.
Unless otherwise stipulated in these General Terms and Conditions of Sale, or on the Site when the Order is validated by the Customer, delivery costs are always payable by the Customer, and are not included in the price of the Product.
A final summary invoice is drawn up and sent to the Customer on request.
ARTICLE 5: TERMS OF PAYMENT
The price of the sale is payable in cash, in full on the day the Order is placed, unless payment is offered in several clearly indicated instalments.
Online transactions are completely secure, thanks to our partner Caisse d'Épargne.
The Site offers several secure payment methods to order a Product:
· By credit card (Carte Bleue, Visa, MasterCard, etc.). Payment data is exchanged in encrypted mode thanks to the protocol defined by the Caisse d'Épargne's payment system, which is an approved agent for banking transactions carried out on the Site. The card is debited at the time of the Order. The validation of the payment by the Site allows the shipment of the parcels to the Customer's home.
· Through a PayPal account.
· By bank check. When placing an Order on the Site, the Customer has the possibility of paying for his purchases by bank cheque. It must come from a bank domiciled in metropolitan France.
During the ordering process, instructions are transmitted to the Customer at the last step, where he can select the choice of payment by cheque.
The following will then be communicated:
- the amount of the purchase ;
- the order to be filled in on the check;
- the address to which the payment should be sent (BS Corporate, 15 rue de
Miromesnil, 75008 Paris) ;
- the order reference, to be recalled when sending the payment.
As soon as the order is finalised on the Site, the products are reserved by the Vendor for 15 days.
The Customer will receive a confirmation e-mail, containing a summary of his order. The cheque will be cashed upon receipt. Payment release takes place after collection. The package will be shipped upon receipt of payment.
The payments made by the Customer, whatever the method of payment, will only be considered final after the Seller has effectively collected the sums due. The Seller shall not be obliged to deliver the Products ordered by the Customer if it does not pay the price in full, under the conditions mentioned above.
In order to limit the risks of fraud, the Site may be required to carry out checks on the validity of payments made. In the event of an inspection, the Customer is informed by e-mail of the supporting documents (a legible photocopy of both sides of an identity document and proof of address) to be sent to the Site, in order to allow final validation of his Order. Following this possible check, the Site reserves the right to accept or reject the Order. In case of non-receipt of the supporting documents within 48 hours, the Site will refuse to validate the payment and will reject the Order.
ARTICLE 6: TRANSFER OF OWNERSHIP - TRANSFER OF RISKS
The Product ordered by the Customer shall remain the full property of the Site until full payment has been received by the Vendor of all sums due by the Customer, even if the Order has already been delivered.
On the other hand, the transfer of ownership and the transfer of risks, in particular of loss and deterioration of the Products, will only take place after full payment of the price of the Product, regardless of the date of delivery of the latter to the Customer.
ARTICLE 7: DELIVERIES
The costs of delivery of the products to the Customer are clearly indicated and are added to the price of the Product.
The Site undertakes to make its best efforts to ensure that the Products ordered are delivered within the time limits indicated on the Order, according to availability, supply and transport possibilities and in the order of arrival of the Orders. Deliveries may be made in whole or in part.
The delivery times indicated during the validation of the Order are calculated in working days (Monday to Friday, excluding public holidays). The time limits mentioned are only given as an indication.
However, if the Products ordered are not delivered until after the indicated delivery date, within a period exceeding seven days, for any reason other than force majeure or the Customer's fault, the Customer may cancel the sale, upon written request addressed to the Seller, under the conditions provided for in Articles L 216-2, L 216-3 and L 241-4 of the French Consumer Code, by registered mail with acknowledgement of receipt no later than fourteen days after the indicated delivery date. The sums paid by the Customer shall then be returned to him in full, within a maximum period of fourteen days from the date of cancellation of the Order, to the exclusion of any other compensation, deductions and return costs.
The Products purchased on the Site may be delivered by carrier in metropolitan France. In this case, the Customer will be contacted by telephone or e-mail to arrange a delivery appointment.
Any delivery outside metropolitan France and the countries indicated in the shopping cart country selection list is subject to specific conditions to be agreed with the Site. In this case, any Order placed that would be delivered outside of metropolitan France or the countries indicated may be subject to possible taxes and customs duties that are imposed when the package reaches its destination. These customs duties and possible taxes, linked to the delivery of an item, are the responsibility of the Customer. The Site is not required to check and inform the Customer of applicable customs duties and taxes. It is up to the Customer to inquire with the competent authorities of the country.
The Customer, or any person acting in his name and on his behalf, undertakes to be present at the date and place agreed for the delivery of the Products. In case of absence during the delivery appointment, the Site reserves the right to charge the Customer the cost of the next delivery. Any absence at the time of this second delivery may result in the obligation for the Customer to recover his property at the warehouse indicated by the carrier, within a period of fifteen days.
The Site cannot be held responsible for delivery problems resulting from difficulties in accessing the place of delivery, as well as any damage to the Products that may result from this or resulting from the Products. The carrier therefore reserves the right not to proceed with the delivery of the Products, in particular to refuse to proceed with window passages. It is the Customer's responsibility to ensure that the place of delivery is accessible, to ensure that the delivery can be made without risk, to ensure that the size of the Products ordered is compatible with their delivery.
In the case of a delivery inside the home, the Customer furthermore undertakes to check the configuration of the premises in order to enable the Products to be properly installed (sufficient space, bulky items moved, fragile objects removed, etc.).
In the event of a specific request from the Customer, concerning the conditions of packaging or transport of the Products, duly accepted in writing by the Site, the related costs will be subject to an additional specific invoice, on the basis of an estimate previously accepted by the Customer.
If the Customer cannot be present on the day of delivery, he must choose an authorised person, who will receive the delivery and assume all the responsibilities incumbent on the Customer. Thus, upon delivery, the Customer, or any person acting in his name and on his behalf, is required to check the condition of the Products delivered. He has a period of two days from delivery to form any reserves or claims for non-compliance of the Order, or apparent defect of the Products delivered, in a clear, precise and detailed manner, completed with all the relevant supporting documents, with the Site, by registered mail with acknowledgement of receipt. After this period, and in the absence of having complied with these formalities, the Products will be deemed to be compliant and free of any apparent defect and no claim will be validly accepted by the Site.
Delivery is deemed to have been made as soon as the Products ordered by the Site are handed over to the carrier responsible for delivering them.
The Site shall send an e-mail confirming the Customer's Order to the e-mail address provided by the Customer, in order to summarise the contractual information, in particular the delivery address. This e-mail is sent after validation of the said Order and collection of the associated payment.
The accuracy of the information provided by the Customer for the delivery is his responsibility. In the event of an error, delays in delivery cannot be attributed to the Site. Likewise, any additional costs generated by this error will be re-invoiced to the Customer, such as the cost of the carrier's travel without being able to reach the Customer or the additional custody costs of the Products. Thus, in the event that the carrier is unable to reach the Customer for delivery due to incorrect postal or telephone contact information, the shipping and return costs will be borne by the Customer.
Any change of address by the Customer may be subject to additional charges that will be indicated by the Site.
If the Customer wishes to postpone the agreed delivery date, this will only be possible for a serious reason. The Customer must notify the Site by registered mail with acknowledgement of receipt, it being understood that any additional costs will be indicated and will be charged to the Customer.
The two main modes of delivery are :
1) Home delivery
Home delivery is made by the carrier Chronopost, and is only possible in metropolitan France (excluding Corsica) and Europe (excluding Switzerland).
The Products are delivered directly to the Customer's home, the day after shipment before 1:00 pm (working days only). A parcel number is sent by e-mail as soon as the parcel is dispatched so that the Customer can follow its routing. This parcel number is also permanently available in the customer account. The package is delivered against the signature of the Customer.
In the event of absence, the delivery person shall contact the Customer by means of the telephone number communicated at the time of the Order.
In case of unavailability, the parcel is deposited in the nearest post office. The Customer has a period of fifteen days to recover the package.
If the Customer does not collect the package within fifteen days, the package is automatically returned to the Seller.
2) Relay point delivery
Delivery to the relay point is also carried out by Chronopost.
With Chrono Relais, the Customer can pick up his package whenever he wishes, in one of the following locations
3,500 Chrono Relay points, close to home, workplace, etc.
- The package is made available to the Customer the day after dispatch, from 1 pm (working days only) in the chosen Chrono Relay.
- As soon as the parcel arrives at the relay point, the Customer receives an e-mail informing him/her of the availability of the parcel and the address of the Chrono Relay point.
- The package is delivered by hand and against the signature of the Customer.
The costs of returning goods or additional carriers shall be borne exclusively by the Customer, regardless of the method of delivery.
By signing the delivery note, the Customer certifies that the items delivered are in perfect condition, that they comply with his Order, and that the delivery has been made in accordance with the shipper's General Terms and Conditions of Sale. Without precise annotations by the Customer on the delivery note, the Customer may not exercise any right of recourse after the departure of the deliverymen.
If the product arrives damaged, the Customer must open it and check it in the presence of the delivery man before signing the delivery note. If one or more items are damaged, he must refuse the package by indicating on the transport voucher "Parcel refused because damaged".
If the package shows traces of opening, the Customer must check its contents in front of the deliveryman. If one or more items are missing, damaged or non-compliant, the Customer shall refuse the package and note his remarks on the delivery note.
The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered, whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, in accordance with the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code, and those provided for in the Site's General Terms and Conditions of Sale.
In case of non-compliance with the above indications, no claim will be admissible (Article L.133-3 of the French Commercial Code). Therefore, the Site will not accept any return of broken or damaged Products.
ARTICLE 8: RIGHT OF WITHDRAWAL
The Customer benefits from a legal withdrawal period of fourteen calendar days, in accordance with article L 221-18 of the French Consumer Code in the context of a contract concluded at a distance, to cancel all or part of his Order. This period shall begin to run from the delivery of the Order, or the last parcel making up the Order, if the Order is delivered in several parcels.
In order to be able to validly exercise its right of withdrawal, the Customer must inform the Vendor within this fourteen-day period.
Thus, if the Products can be put back into stock and resold, all the sums paid by the Customer will be refunded, except for the return costs, in accordance with Articles L 221-23 to L 221-25 of the French Consumer Code. These return costs are in fact the exclusive responsibility of the Customer, who must organise the re-routing of the products and bear the risks.
The return of the Products must be accompanied by a return note, setting out in detail the reasons for the return, as well as a copy of the invoice.
The right of withdrawal cannot be exercised when the Products have been made to the Customer's specifications (fabric, colour, stitching, design, etc.) or clearly personalised.
The right of withdrawal must be exercised by registered mail with acknowledgement of receipt to the Site, at the address BS Corporate 18, Avenue des Champs Elysées 75008 Paris.
After exercising the right of withdrawal, the Customer has a period of fourteen days to return the Product(s) to the address indicated to him/her.
Reimbursement of the Products shall be made within a maximum period of fourteen days from receipt of the withdrawal, and subject to the condition of the Products.
If the returned Products do not reach the Site within the time limits and conditions provided for in these General Terms and Conditions of Sale, the Customer may neither be reimbursed nor obtain a credit note. In this case, the Site will be able to reship the Products to the Customer, if the latter so wishes, provided that the costs of this new delivery are paid in advance by the Customer.
ARTICLE 9: SITE LIABILITY - WARRANTY AND KNOWLEDGE
The Customer is solely responsible for the choice of Products, their conservation and use.
However, the Products sold by the Site benefit, in accordance with the legal provisions, from :
· the legal guarantee of conformity (article L 211-1 and following of the Consumer Code) ;
· the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the Products delivered and rendering them unfit for use (Article 1641 of the French Civil Code);
· the Seller's commercial guarantee, depending on the Products and brands concerned, and in accordance with the agreed terms and conditions. The content and terms and conditions of the commercial warranty are specified on the product sheet on the Site or in the maintenance and warranty booklet accompanying the Product.
Any warranty is excluded in the following cases:
- misuse or inappropriate use ;
- negligence or lack of maintenance on the part of the Customer;
- Incorrect assembly, Product modification ;
- normal wear and tear of the Product ;
- accidents affecting the Product such as shock, water damage, fire,
unpacking using sharp objects, etc. ;
- force majeure.
The Site's warranty is limited to the repair or replacement of a defective part or the replacement of non-compliant Products or Products affected by a defect, depending on the circumstances best suited to the case.
In order to exercise his right or the application of the commercial guarantee, the Customer must contact the Site by e-mail or by post and provide a copy of the purchase invoice, accompanied by a detailed explanation of the defect found and photos. The Site undertakes to analyse and process these after-sales service requests as quickly as possible and to propose an appropriate solution. In the event that the responsibility of the producing factory or the carrier is engaged, the delay for taking into account and processing the request will be imposed on the Site and the Customer.
In all cases, it is up to the Customer to establish the reality of the alleged non-conformities or latent defects. In this context, the Customer will facilitate access to the Products on the Site, so that the latter can carry out any checks if necessary.
The warranty periods are not extended in case of repair or replacement of the Products. When the Product is taken back for repair, the Site cannot be required to provide a replacement product.
The responsibility of the Site is excluded in case of delay or non-performance following the occurrence of a case of force majeure, usually recognized by French jurisprudence.
If the Customer's request is justified, the Site undertakes to reimburse the Customer for the price of the Product, or to exchange the Product acquired by the Customer with an identical Product or a Product of equivalent quality and price, in the event of delivery of a non-compliant Product and in the event of delivery of a Product revealing a hidden defect.
The provisions of this article do not prevent the Customer from benefiting from the right of withdrawal in accordance with the terms and conditions defined above.
ARTICLE 10: LIMITS OF RESPONSIBILITY OF THE SITE
When placing an Order, the Customer is required to check the accuracy and completeness of the information he provides to the Site, such as his delivery address or telephone number to arrange an appointment with the carrier. Thus, the Site may not be held liable for these errors, nor for their consequences on the proper execution of the Order, or for financial consequences, such as late delivery or additional delivery costs.
The choice and the Order of a Product by the Customer are under his sole and unique responsibility. Consequently, the total or partial impossibility to use the products, in particular because of congestion, incompatibility of the material cannot give rise to any compensation, reimbursement or questioning of the Site's responsibility.
At the time of placing the Sales Order, the Customer is also obliged to check the Products ordered and their quantities. Once the Sales Order has been validated and confirmed, the Site's responsibility can no longer be engaged. Thus, in the event of an error, the consequences are the responsibility of the Customer.
The Site may not be held liable for the non-performance of the contract in the event of stock shortage or unavailability of the Product, force majeure, disruption or total or partial strike, in particular of postal services and means of transport, communications (breakdown of the computer network, etc.), flood, fire, exceptional bad weather, etc.
The Site will not be responsible for the consequences of fortuitous events or cases of force majeure. Are considered as fortuitous events or cases of force majeure exempting from liability all irresistible, unforeseeable facts or circumstances beyond the control of the parties, in particular in case of total or partial strike of carriers, difficult natural conditions such as snowfall, natural disasters such as floods or fires.
The Site may not be held liable, towards a Client or a third party, for any direct or indirect damage, for any loss of profit, clientele or turnover, or for any loss of data that may occur, in any way whatsoever. The same applies to any damage to the image or any action directed against the Customer by a third party.
The Customer is expressly informed that the Site is not the producer/manufacturer of the Products offered for sale. Consequently, in the event of damage caused to a person or property by a defect in the Product, only the responsibility of the producer/manufacturer of the Product may be sought by the Customer. The producer/manufacturer's conditions and warranty period are indicated on the Product descriptions or on the warranty cards.
The Products presented comply with the French legislation in force and the standards applicable in France. In the event of delivery outside metropolitan France, it is the Customer's responsibility to check the Product's compliance with local law, in particular the possibility of its importation into the country concerned or any constraints on its use.
ARTICLE 11: DATA PROCESSING AND LIBERTIES
In application of the law 78-17 of January 6, 1978, the Customer has a permanent right of access to modify, rectify and oppose information concerning him/her, with the Site.
This right can be exercised either by e-mail to the following address:
- service-clients@tohaadesign.com,
- or by post to BS Corporate 15, Rue de Miromesnil 75008 Paris.
The Seller undertakes to respect the privacy and protect the personal data of visitors.
The information collected by the Site during the Customer's Order is necessary for the proper management of this Order, its processing, payment and delivery.
Thus, the information collected may be transmitted to the companies responsible for the execution of services and Orders, such as factories, transporters or for securing payment for the Products. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.
In accordance with the regulations in force, the Customer's request must be signed and accompanied by a photocopy of an identity document bearing the Customer's signature and specify the address to which the reply must be sent.
Depending on the choices made by the Customer, when creating or consulting his account, he may receive offers from the Vendor, as indicated when creating his account. If he no longer wishes to do so, he may at any time make a request to the Seller, specifying this in the "My Account" section.
ARTICLE 12: INTELLECTUAL PROPERTY
All the distinctive signs specific to the Site, in particular those appearing on the Site visually or audibly, are the exclusive property of BS Corporate or its partner brands and factories and are protected by French and international laws relating to intellectual property.
Any total or partial reproduction of these elements is strictly forbidden and is likely to constitute an offence of counterfeiting.
ARTICLE 13: APPLICABLE LAW
The contract of sale, the present General Terms and Conditions of Sale and all operations arising therefrom are governed and subject to French law. The courts of France shall have sole jurisdiction.
The present 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.
In the event of a dispute, the Customer undertakes to try to find an amicable solution with the Site, by contacting customer service, by e-mail or by post at the e-mail or postal address indicated in articles 1 and 3 of these General Terms and Conditions of Sale. Failing agreement after one month, either Party may freely take any legal action.
ARTICLE 14: NULLITY OF CERTAIN PROVISIONS
If any provision hereof is found to be contrary to any applicable law or regulation, such provision shall be deemed to be set aside, without affecting the validity of the other provisions of this Agreement.
