GTC
1 - Acceptance of these Terms and Conditions of Sale
You may only order if you accept all the provisions set out below.
Any order will be governed exclusively by these terms and conditions of sale, to the exclusion of any other terms and conditions of purchase.
The validation click you execute after completing your order form constitutes confirmation of your order and will constitute irrevocable acceptance of these terms and conditions. It will express your final consent to contract with home-beddings-and-curtains.com for the products you have selected subject to your right of withdrawal as referred to in Article 17 and the possible application of the provisions of Article 11 of these general conditions of sale.
Sales are made by mail order only.
2 - The company Home Beddings & Curtains - Legal notice
Company identification:
FRANCE
N°SIRET : RCS 815364740
Intra-community VAT no. : FR30815364740
E mail : hbc.contactez.nous@gmail.com
Presentation of the essential characteristics of the goods and services offered.
The prices of our products are inclusive of all taxes. The prices indicated do not include the contribution to shipping costs.
Indication of terms of payment, delivery or performance.
Existence of a right of withdrawal.
Validity period of the offer and price.
All information contained in the site www.home-beddings-and-curtains.com (hereinafter referred to as the Site) is in the French language.
The customer acknowledges having, prior to placing the order, read all of the aforementioned information and the general terms and conditions of sale.
The customer, prior to ordering the product, declares that the acquisition of said product is not directly related to his professional activity, their acquisition being reserved for personal use on his part.
As a consumer, the customer therefore has specific rights, which would be called into question in the event that the products acquired through the e-shop were in fact related to his professional activity.
He further declares that he has the legal capacity to commit himself under these general conditions.
3 - Offer coverage
The geographical coverage area of the home-beddings-and-curtains.com store offer can be consulted in the "Deliveries" area.
The present contract is made up, in decreasing order of legal value, of the following documents:
these General Terms and Conditions of Sale,
the order form.
The photographs illustrating the products on the Site fall within the contractual field. If errors or alterations resulting from the processing of these photographs have been introduced, the responsibility of home-beddings-and-curtains.com cannot, under any circumstances, be engaged as a result. The interpretation of colors is subjective.
4 - Order taking
Any order form signed by the validation click constitutes an irrevocable commitment by the customer, which can only be called into question in the cases restrictively provided for in the present contract in the articles "Right of withdrawal" and "Execution of the order".
5 - Order confirmation
The contract will not be concluded until the order has been confirmed by home-beddings-and-curtains.com.
The customer will receive by e-mail an acknowledgement of receipt confirming the order with all the elements constituting the contract (products ordered, price, delivery times, shipping costs, ...)
home-beddings-and-curtains.com reserves the right not to confirm an order for any reason whatsoever, including but not limited to a product supply problem or a problem with the order received.
6 - Offer duration
The offers contained in this site are valid as long as the related products remain online and while stocks last.
7 - Prices - Invoice
Prices are expressed in Euros.
The shipping price indicated on the site only concerns deliveries to private individuals.
The price guaranteed to the buyer is that displayed on the Site at the time of purchase.
The price set at the time of purchase is firm and final. It does not include participation in delivery charges invoiced in addition and which will be indicated in the order confirmation.
An invoice will be issued by home-beddings-and-curtains.com. The customer must specify the address to which the invoice is to be sent.
8 - Payment
Payment of the full price is due upon order.
The customer undertakes to pay the price stipulated for the product ordered on the Site (price of products and transport) as well as to pay or have paid, where applicable, and directly to the forwarder or carrier, customs duties, VAT or other taxes due on the occasion of the importation of the products into the country of the place of delivery.
The customer pays for his order:
- By credit card as proposed on the Site.
The customer guarantees home-beddings-and-curtains.com that he/she has the necessary authorizations, if any, to use the card payment method when placing the order. Any attempt at fraud will be prosecuted in the courts.
- By Paypal as proposed on the Site.
Enjoy secure Paypal payment on home-beddings-and-curtains.com.
9 - Default of payment - Retention of title
The products ordered remain the property of home-beddings-and-curtains.com until final and full payment of their price in accordance with the terms of law n°80 335 of May 12, 1980. home-beddings-and-curtains.com reserves the right to reclaim products ordered in the event of non-payment.
In this event and upon first request from home-beddings-and-curtains.com, the customer agrees to return any unpaid product, all costs to be borne by the customer.
10 - Transfer of risks
According to article L138-4 of the Hamon law:
"Any risk of loss or damage to the goods is transferred to the consumer at the time when the latter or a third party designated by him, and other than the carrier proposed by the professional, physically takes possession of these goods".
The transfer of risks to the customer occurs as soon as the products are handed over by home-beddings-and-curtains.com to the end customer via the carrier. The end customer must check the product at the time of receipt and make any necessary reservations on the delivery note. The words "subject to unpacking" have no legal value. The customer must check the contents of each product. The delivery person cannot refuse it. The customer has a reasonable period of time to check the product with the carrier and express any reservations. Without these reservations, delivery insurance cannot be activated. The same applies to products sent or returned carriage paid.
If the deliverer refuses you this right, you refuse the package or you indicate on the carrier's voucher that you were prevented from checking the contents of the packages.
During the withdrawal period mentioned in article 17 below, the customer is responsible for the thing as custodian. In the event of deterioration or destruction of the product while in the customer's custody, the customer will suffer all consequences.
11 - Execution of the order
The order will be executed within the time specified on the Site and upon confirmation of the order by home-beddings-and-curtains.com and in any event no later than 30 days following confirmation of the order subject to the availability of the product ordered and unless otherwise specifically agreed between the parties.
In the event of stock shortage or unavailability of the product ordered, home-beddings-and-curtains.com undertakes to inform the customer as soon as possible and to specify a period of availability.
The customer will confirm by e-mail his choice either to wait for the availability of the product or to be reimbursed.
12 - Delivery/Returns
The geographical delivery area corresponds to the geographical coverage area of the offer.
Since some carriers do not deliver on weekends and we wish to be as close as possible to reality, our delivery times are counted in working days.
Products are delivered to the address indicated by the customer on the order form.
Delivery is deemed to have taken place upon receipt of the product by the consumer or authorized third party.
The delivery slip given by the carrier, dated and signed by the customer upon delivery of the product shall constitute proof in matters of transport and delivery.
On delivery, the customer must check the contents, conformity and condition of the product(s).
In the event of delays, damage, total or partial loss, or any other problem, you are advised to contact Customer Service home-beddings-and-curtains.com as soon as possible.
As a result, upon delivery, the customer must proceed to inspect the condition of the products delivered before signing the acknowledgement of receipt for the package. The carrier may not leave without your signature, and is obliged to let you make the necessary observations.
If any anomalies are noted, the customer must refuse delivery of the products or issue handwritten, precise, dated reservations. These reservations must be confirmed with the Customer Service Department by registered letter with acknowledgement of receipt within three (3) working days following delivery of the products.
In an effort to keep your shipping costs as low as possible, we strive to ship items as quickly as possible, while limiting the number of shipments. For example, orders for several items will automatically be grouped into a single delivery. In urgent cases, a specific request can be made by email.
In case of refusal of the package by the customer or if the customer does not pick up the package on time at the relay point, the actual shipping costs will be deducted from the refund.
If you wish to make a return:
The returned item must be in its original packaging, with all labels. It must be folded identically if it has been unpacked. It must be returned within 14 days of receipt of order.
If we find that the product is not returned in a condition allowing its return, we will apply a fee equivalent to 20% of the value of the product in order to proceed with the restoration of the product.
Return costs are at the customer's expense.
For the UK and the United States, the customer must pay customs fees to return the package to us and for the package to be accepted by the returns department.
Once we have received the item, we will proceed to refund your order.
In the event of an exchange, please place a new order on our site.
Returns are to be made to the following address:
Fabrice Jardino
Service Retour
13 rue des Jardiniers
17540 Vérines
13 - Force majeure
Expressly considered as force majeure are those usually retained by the jurisprudence of the French Courts and Tribunals.
The occurrence of a case of force majeure will initially suspend, ipso jure, the execution of the order.
If beyond a period of three (3) months, the parties note the persistence of the case of force majeure, the order will be automatically cancelled, unless otherwise agreed by both parties.
14 - Withdrawal of products in the event of the customer's absence
In the event of the recipient's absence at the time of delivery, the carrier will leave a calling card at the delivery address indicated by the customer. Products must be collected from the address and in the manner indicated by the carrier.
In the event of non-withdrawal within the time limit set by the carrier, the products will be returned to home-beddings-and-curtains.com , which reserves the right to refund the price, with shipping costs remaining the responsibility of the customer.
15 - Complaints
Claims for non-conformity of the product(s) delivered with the order must be made in writing directly to home-beddings-and-curtains.com and this within 48H of receipt. The customer must keep the packaging and the delivery note.
In the event of a product error, the customer undertakes to return said product or products concerned within 15 days of receipt to home-beddings-and-curtains.com on condition that they are returned without opening their packaging, in their original condition and packaging with accompanying documents.
On receipt of the product in due form, home-beddings-and-curtains.com will return, at its expense, the product originally ordered.
16 - Right of withdrawal
The customer of Home-beddings-&-curtains has, within a period of 15 working days from the delivery of his order, a right to return, at his expense, for exchange or refund, products that do not suit him in accordance with Article L 121-21 of the Consumer Code (the legal period being 14 days).
If this period expires on a Saturday, Sunday or public or bank holiday, it is extended until the next working day.
The returned product must be in its original condition and packaging. It must not have been used, nor have suffered any deterioration however slight, and be in a state of perfect cleanliness.
This right of withdrawal is exercised without penalty, with the exception of return shipping costs.
In the event of cancellation of delivery of the order while it is being shipped, the order preparation and transport costs in their entirety will be subtracted from the refund of the order.
Within a maximum of 15 days from receipt of the product, the customer will be reimbursed for the sums paid. To this end, he/she will communicate to home-beddings-and-curtains.com his/her bank details unless he/she has ordered by credit card. In the case of payment by card, the refund will be made directly via this card.
Postage costs for returns are at the customer's expense in the event of retraction.
Returns are to be made to the following address:
Fabrice Jardino
Service Retour
13 rue des Jardiniers
17540 Vérines
17 - Personal information
The personal information requested from the customer is essential for the processing and routing of orders, the preparation of invoices and any warranty contracts. For these purposes, this information may be communicated to home-beddings-and-curtains.com's contractual partners.
The customer may object to such communication and, in accordance with the French Data Protection Act (Act of January 6, 1978), has the right to access, modify, rectify and delete data concerning him or her by contacting home-beddings-and-curtains.com.
18 - Electronic signature
The "payment validation click" constitutes validation of the contract. The validated payment is due. Any attempt to defraud will be prosecuted by home-beddings-and-curtains.com.
19 - Proof
The computerized registers, kept in the computer systems of home-beddings-and-curtains.com or its subcontractors, under reasonable conditions of security will be considered as proof of communication, orders and payments between the parties.
Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
20 - Intellectual property
home-beddings-and-curtains.com holds the intellectual property rights to the site and the right to distribute the items appearing in the e-shop catalog and in particular the photographs for which it has obtained the necessary authorizations from the persons concerned.
As a result, the partial or total reproduction, on any medium whatsoever, of the elements making up the site and the catalog, their use as well as their provision to third parties are formally prohibited.
21 - Entire contract
These general terms and conditions of sale express the entirety of the obligations of the parties.
No other general or special conditions communicated by the customer may integrate with or derogate from these general conditions.
22 - Non-waiver
The fact that home-beddings-and-curtains.com does not avail itself of a breach by the customer of any of its obligations may not be construed as a waiver of the obligation concerned and to avail itself of such breach at a later date.
23 - Nullity
If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
24 - Dispute
This contract is subject to French law, both for substantive and formal rules.
IN CASE OF DISPUTE AND IN THE EVENT OF FAILURE TO REACH AN AGREEMENT BETWEEN THE PARTIES, EXPRESS JURISDICTION IS ATTRIBUTED TO THE COURTS OF THE REGION OF THE HEAD OFFICE OF home-beddings-and-curtains.com OR THAT CHOSEN BY THE CUSTOMER IN THE CASE WHERE HE IS THE INITIATOR, NOTWITHSTANDING THE INTRODUCTION OF THIRD PARTIES OR THE PLURALITY OF DEFENDANTS, EVEN FOR EMERGENCY PROCEEDINGS OR PROTECTIVE PROCEEDINGS IN CHAMBERS OR BY PETITION.