General Terms and Conditions
GENERAL TERMS and CONDITIONS
1 - the site www.meubles-gontier.com is published by SARL MON PETIT MEUBLE FRANÇAIS which manages the marketing of all GONTIER models.
limited liability company with capital of €5,000, whose registered office is located in Rennes (35000), 1 rue François Charles Oberthür, registered under the unique identification number 820502631 RCS Rennes (“MON PETIT MEUBLE FRANÇAIS”).
MON PETIT MEUBLE FRANÇAIS is the author of the offer to sell relating to the products presented on its website: www.meubles-gontier.com (hereinafter the “Website”).
The offices, showroom and stock are located at 12, rue de l'Abbaye, 53190 Landivy.
2 - These General Terms and Conditions of Sale apply between MON PETIT MEUBLE FRANÇAIS and the Customer of the Website. The General Conditions of Sale, as well as the order form and the order confirmation constitute the sales contract between the Customer and MON PETIT MEUBLE FRANÇAIS relating to the sale of the Products ordered.
Any order made on the Website requires that the Customer accepts beforehand and without reservation the General Conditions of Sale in their entirety. In case of disagreement with the terms and conditions of the General Conditions of Sale, the Customer must not use the Website.
MON PETIT MEUBLE FRANÇAIS reserves the right to adapt or modify these General Conditions of Sale at any time and without notice, the adaptations or modifications then being applicable to all orders subsequent to these adaptations or modifications . In the event of modification, the General Conditions of Sale applicable to the Customer's order are those which were online, and which the Customer accepted on the day of placing his Order.
3 - For any information relating to the execution of one or more Orders, or the processing of a complaint, the Customer must contact Customer Service:
‐ By phone: 0783036715 (non-surcharged and free call from a landline) Monday to Friday from 8 a.m. to 6 p.m.
‐ By post to the following address: 1, rue François Charles Oberthür – 35000 Rennes
‐ By email: info@meubles-gontier.com
4 - Consumption Mediation: the company MON PETIT MEUBLE FRANÇAIS is a member of the following mediation organization:
SAME CONSO
11 place Dauphine
75001 PARIS
tel 09.53.01.02.69
The mediator may be contacted by the customer for any complaint, if no amicable agreement has been found with MON PETIT MEUBLE FRANÇAIS regarding the said complaint.
ARTICLE 1 – DEFINITIONS
The terms and expressions identified by a capital letter in the General Conditions of Sale have the meaning indicated below (whether they are used in the singular or in the plural).
‐ “General Terms and Conditions of Sale”: refers to this document, i.e. the terms and conditions that apply in relations between MON PETIT MEUBLE FRANÇAIS and the Customer.
‐ “Order”: refers to the Customer's purchase order for one or more Product(s) placed by using the Website or via Customer Service.
‐ “Website”: designates the website accessible at the address www.meubles-gontier.com published by MON PETIT MEUBLE FRANÇAIS and/or at any other address with a different extension.
‐ “Product”: refers to a product offered for sale on the Website
‐ “Customer”: refers to a natural person who is an adult consumer who uses the Website and acquires one or more Product(s), for his personal needs, through the website, having previously adhered to the General Conditions of Sale.
ARTICLE 2 - PURPOSE
The General Conditions of Sale define the rights and obligations of MON PETIT MEUBLE FRANÇAIS in connection with the sale of Products by MON PETIT MEUBLE FRANÇAIS on the Website or by through the Customer Service of the Site set up by MON PETIT MEUBLE FRANÇAIS. Any use of the Website and any placing of Order for one or more Product(s) through the Website implies pure and simple acceptance of all of the General Terms and Conditions of Sale. The General Conditions of Sale are reserved for consumer buyers, to the exclusion of any professional. Only persons legally capable of entering into contracts concerning the Products offered for sale on the Site may place an Order on the Website. When placing the Order, the Customer guarantees to have full legal capacity to adhere to the General Terms and Conditions of Sale, place an Order and conclude a sale.
ARTICLE 3 - TERMS OF ORDER - PASSING
3.1. The Customer may place an Order, in French, directly on the Website in accordance with Article 3.
3.2. By browsing the different sections of the Website, the Customer can place the Products of his choice in his shopping cart by clicking on the "Add to cart" button. At any time and until confirmation of the global order, the Customer may change his mind, change the quantities and cancel one or more of the chosen Products. Each of the steps necessary for the sale are specified on the Website. Any information on the Products can be given, and any Order can also be placed by the Customer, in French, directly with Customer Service on 0770962441 (non-surcharged and free call from a landline).
3.3. Pursuant to the provisions of article 1127-2 of the Civil Code, the Customer will have the possibility of checking the details of his Order and its total price and, if necessary, of correcting or modifying it before definitively confirming his its acceptance. MON PETIT MEUBLE FRANÇAIS can not be held responsible for errors of entry by the Customer, nor for their possible consequences in terms of delay or error of delivery. In these hypotheses, the costs generated by a possible return and a possible reshipment will be borne by the Customer.
3.4. Once the contents of his shopping cart have been validated, the Customer must:
- complete all the information requested, including that relating to the content and payment methods.
- declare to accept without reserve the entirety of the General Conditions of Sale. After having filled in or modified this information and subject to having expressly accepted the General Conditions of Sale, the Customer will finalize his order by clicking on the button “Finalize my order”. Validation of the Customer's Order implies acceptance of the prices and characteristics of the Products purchased by the Customer.
ARTICLE 4 - TERMS OF ORDER - CONFIRMATION
4.1. Once the Order has been validated by the Customer according to the terms of article 4.4, a confirmation e-mail, acknowledging receipt of the Order and containing all of this information, is sent by MON PETIT MEUBLE FRANÇAIS_cc781905-5cde-3194- bb3b-136bad5cf58d_ automatically by the Website.
4.2. The Order will not be considered final until MON PETIT MEUBLE FRANÇAIS sends a complete Order Confirmation referred to in Article 5.1. The sale of the Product(s) will only be recognized upon payment of the corresponding price by the Customer.
4.3. Product and price offers are valid as long as they appear on the Website, it being specified that the Website is updated daily. Product offers are within the limits of available stocks. In the event that a Product is unavailable, in particular due to a shortage of stock, MON PETIT MEUBLE FRANÇAIS undertakes, on the one hand, to report it on the Website, then to remove it from the Website as soon as possible.
4.4. In the event that a Product ordered by the Customer is unavailable, in particular due to a stoppage of production or distribution, MON PETIT MEUBLE FRANÇAIS undertakes to inform the Customer by e -email and/or telephone as soon as you become aware of this unavailability. MON PETIT MEUBLE FRANÇAIS will then inform the Customer, if necessary, of the new deadline within which the product concerned will be made available and offer him, if there is, an equivalent Product . In case of refusal of the Customer to wait for the availability of the product, or of his refusal of an equivalent product, the Customer will be refunded the price of the Product if his bank account has been debited, within 14 days following the date of confirmation of this refusal.
4.5. In accordance with the provisions of Article L.121-11 of the Consumer Code, Maison Gontier is entitled to refuse any Order for legitimate reasons, in particular in the event of a payment problem, foreseeable difficulty in respect of delivery, order abnormal or made in bad faith.
Maison Gontier also reserves the right to request proof of identity by e-mail and/or telephone, in which case the Customer will then have the option of canceling his Order. Upon receipt of the order, Maison Gontier is entitled to refuse it in the event that the prices displayed online or resulting from the Order are, in particular due to an error or technical malfunction, computer bug, derisory to the actual price of sale of the Product.
ARTICLE 5 - TERMS OF ORDER - PRICE OF PRODUCTS
5.1. The price of the Products indicated on the Website is in Euros, all taxes included. The price of the Products includes the costs of logistical preparation (processing, shipping) and delivery for Metropolitan France excluding Corsica. For Corsica and Belgium, an additional €100 per order is payable to cover additional logistics costs. For Switzerland, this supplement is €150.
5.2. For deliveries of Products outside French territory, the provisions of the General Tax Code relating to VAT will apply. For delivery outside the European Union, the Customer must pay the customs duties, VAT or other taxes due when the products are imported into the country of the place of delivery. The related formalities are the sole responsibility of the Customer, unless otherwise indicated. The Customer is solely responsible for checking the possibilities of importing the products ordered with regard to the law of the territory of the country of delivery.
5.3. MON PETIT MEUBLE FRANÇAIS reserves the right to modify the prices at any time and without notice, but the price applicable to the Customer's Order will remain that indicated in the summary of his shopping cart when placing the order. validation of his order. The prices displayed online or resulting from the Order are guaranteed, unless they prove to be, in particular due to an error or technical malfunction, computer bug, derisory to the actual selling price of the Product.
ARTICLE 6 - PAYMENT
6.1. Scope of payment
The price of the Products and the costs of logistical preparation and delivery are payable in full by the Customer at the time of placing the Order. The Customer also undertakes to pay or have paid, if necessary, directly to the forwarding agent or carrier, the customs duties, VAT or other taxes due on the occasion of the importation of the products into the country. of the place of delivery and the costs of duplicate for the need for a personalized finish.
6.2. Payment method
Payment for the Order may be made by the Customer by bank card or Paypal, in a secure environment, according to the methods offered on the Website. The payment order made by bank card cannot be cancelled. The payment of the Order by the Customer is irrevocable, without prejudice to the Customer exercising his right of withdrawal. For an order via the site www.monpetitmeublefrancais.com, or by telephone via Customer Service, the Customer confirms and guarantees that he is the holder of the bank card and that the latter gives access to sufficient funds to cover the payment of the command. The Customer's bank account will be debited at the end of a period of one (1) day following the date of confirmation of the Order. The payment will be considered effective after confirmation of the agreement of the bank payment centers.
The Customer can also pay for the Order:
- By check payable to MON PETIT MEUBLE FRANÇAIS. If the check is not received within 7 days of confirmation of the Order by MON PETIT MEUBLE FRANÇAIS or if the check is rejected by the bank, MON PETIT MEUBLE FRANÇAIS_cc781905-5cde-3194-bb3b -136bad5cf58d_ reserves the right to cancel the Order
‐ By bank transfer payable to MON PETIT MEUBLE FRANÇAIS (the bank details being issued at the time the Order is placed. Failing receipt of the transfer within 7 days of confirmation of the Order by MON PETIT MEUBLE FRANÇAIS) or in the event of rejection of the transfer by the bank, MON PETIT MEUBLE FRANÇAIS reserves the right to cancel the Order
The Website is subject to one of the most efficient SSL (Secure Socket Layer) encryption security systems, in order to protect all sensitive data related to means of payment. During payment by the Customer, his bank details are encrypted with the HTTPS protocol and then transmitted to servers that are the only ones able to decipher them. In order to avoid abuse and/or fraud, the authorizations and bank details are then checked directly with the Customer's bank.
6.3. Default of payment and retention of title The Products ordered remain the property of MON PETIT MEUBLE FRANÇAIS until final and full payment of the sale price. In the event of delivery and non-payment, MON PETIT MEUBLE FRANÇAIS has the right to claim the products ordered, the Customer undertaking for his part to return any unpaid Product, all costs at his charge.
ARTICLE 7 – DELIVERY
7.1. Place of delivery
In principle, the delivery of the Products will take place, after registration of the payment of the Order, to the delivery address indicated by the Customer during the placing of the Order. An e-mail will be sent to the Customer to announce the shipment of the Products. MON PETIT MEUBLE FRANÇAIS regularly delivers to France, Belgium and Switzerland. For other countries, an estimate will be issued for each order with the costs of preparation, transport and related taxes before payment of the order.
7.2. Participation in preparation and delivery costs
It is included in the price of the item for Metropolitan France, excluding Corsica. It is extra for Belgium, Luxembourg and Switzerland. This supplement is configured on the Website for online payment for these 3 destinations. For other destinations, please contact Customer Service to request a quote and payment if necessary, 07.70.96.24.41 (non-surcharged and free call from a landline) Monday to Friday from 8 a.m. at 18 o'clock
7.3. Delivery time
The delivery time will be indicated to the Customer by the personalized order confirmation. The average delivery time is thirty (30) working days from the Order of the Product, unless otherwise indicated to the Customer in the order confirmation. It is specified that each piece of furniture offered for sale on the Website is finished when ordered. In the event of late delivery, the Customer may denounce the sale under the conditions provided for in Article L.216-2 of the Consumer Code, provided that the late delivery noted is not attributable to the Customer, in particular in the event of unavailability to accept delivery.
7.4. Place of delivery: A delivery is considered to have been made as soon as the Customer takes physical possession of the Product at the place of delivery agreed with the Customer when placing the Order and at the appointment set with the carrier. Taking possession of the Product is validated by the control and traceability system used by the carrier.
7.5. Withdrawal of Products
In the event of the recipient's absence at the time of delivery, the carrier will leave a transit advice note at the delivery address indicated by the Customer. The Products must then be recovered or withdrawn from the address and according to the methods indicated by the carrier. In the absence of collection within the deadlines set by the carrier, the Products will be returned to MON PETIT MEUBLE FRANÇAIS, which reserves the right to reimburse the price to the Customer, the shipping costs remaining the responsibility of the Customer.
7.6. Effect of delivery
The transfer of risks occurs upon delivery, when the Customer takes physical possession of the Products at the delivery address indicated by the Customer, or from the carrier. Without prejudice to the period available to the Customer to exercise his right of withdrawal, upon receipt of the Products, it is the responsibility of the Customer or the recipient to ensure that the Products delivered correspond to his Order, and to check the condition and conformity of the Products in relation to his Order.
The Customer (or, if applicable, the recipient) will formalize his acceptance of the delivery by signing the delivery receipt issued by the carrier. If, upon delivery, the external appearance of the package is not perfect, the Customer or the recipient of the Products will open the package in the presence of the carrier in order to check the condition of the Products. In the event of damage resulting from transport, the Customer must refuse the damaged Products and indicate "refusal for damage" on the return form. In the event of an apparent defect in the package, the Customer must make all reservations and complaints that appear justified; it will be up to him, if necessary, to refuse the package. Without prejudice to the guarantees enjoyed by the Customer under article 8, for any complaint relating to an apparent defect or damage during the delivery of the Product, the Customer must contact Customer Service as soon as possible. in order, on the one hand, to preserve the rights of MON PETIT MEUBLE FRANÇAIS vis-à-vis the carrier, and on the other hand, in the event that the Product is still in the possession of the Customer, initiate the return procedure under the conditions provided for in Article 8.4. In the event of a refusal of delivery or return of the Product for the reasons referred to in the previous paragraph, the Customer may request a new delivery or the cancellation of his order under the conditions of article 8.1.3.
ARTICLE 8 - CONFORMITY - WARRANTY - RIGHT OF WITHDRAWAL
For all correspondence, the seller guaranteeing the conformity of the goods to the contract is:
MY LITTLE FRENCH FURNITURE
whose head office contact details for all correspondence are:
1, rue François Charles Oberthür
35000 reindeer
info@monpetitmeublefrancais.com
The seller is liable for defects in the conformity of the goods with the contract under the conditions of article L.217-4 and following of the consumer code and for hidden defects in the thing sold under the conditions provided for in articles 1641 and following of the code. civil.
When acting under the legal guarantee of conformity, the consumer has a period of 2 years from the delivery of the goods to act and he can choose between the repair or replacement of the property, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code.
The consumer is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods, subject to the cost conditions provided for in article L.217-9 of the consumption.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and that in this case, he can choose between the resolution of the sale or a reduction of the selling price. in accordance with article 1644 of the civil code.
8.1. Product compliance
The legal guarantee of conformity mentioned in articles L.217-4 to L.217-14 of the Consumer Code and that relating to defects in the thing sold, mentioned in articles 1641 to 1649 and 2232 of the Civil Code, will apply in accordance to the law. In the event of an action under the legal guarantee of conformity, the consumer:
‐ benefits from a period of 2 years from the delivery of the goods to act,
- can choose between the repair or the replacement of the good, subject to the conditions of cost envisaged by the article L.217-9 of the code of consumption
- is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods. The legal guarantee of conformity applies independently of the commercial guarantee.
In the event that the consumer decides to implement the guarantee against hidden defects of the thing sold as provided for in article 1641 of the civil code, he can choose between the resolution of the sale or a reduction of the sale price in accordance with in article 1644 of the said code.
8.1.1. In accordance with Article L.111-1 of the Consumer Code, MON PETIT MEUBLE FRANÇAIS aims to inform the Customer and enable him to know the essential characteristics of the Product. Before shipping, the Products delivered to the Customer are checked to ensure that they conform to the description given on the Website. It is however specified that, for technical reasons (photographic and computer), the actual rendering of the Products differs slightly from the photographs presented on the Website, in particular the rendering of the colors.
8.1.2. Notwithstanding, if applicable, the specific warranty conditions from which the Customer benefits for the Product in question, the Products presented on the Website are subject to the legal warranty conditions below.
According to article L.217-4 of the Consumer Code: "The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, instructions for assembly or installation when this has been charged to it by the contract or has been carried out under its responsibility".
According to article L.217-8 of the Consumer Code: "The buyer is entitled to demand that the goods conform to the contract".
According to article L.217-5 of the Consumer Code:
To be in conformity with the contract, the good must:
- Be fit for the use usually expected of a similar item and, where applicable:
• Correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model
• Present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling
Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
According to article L.217-7 of the Consumer Code: “The defects of conformity which appear within 24 months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. The seller can challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity”.
According to article L.217-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods."
8.1.3. Pursuant to Articles L.217-9 and L.217-10 of the Consumer Code, the repair of the consequences of the lack of conformity or hidden defects, duly established and confirmed as such by MON PETIT MEUBLE FRANÇAIS, includes, at the choice of the Customer, unless this wish entails a manifestly disproportionate cost, taking into account the value of the good or the importance of the defect, compared to the other modality, the repair or the replacement of the Product.
If the repair and replacement of the good is impossible, the Customer can return the good and have the price refunded or keep the good and have part of the price refunded. In these different cases, the Customer must contact Customer Service and agree on the terms of return of the Product concerned. Insofar as it is justified, the application of the provisions of articles L.217-9 and L.217-10 of the Consumer Code, takes place at no cost to the buyer.
8.2. Commercial warranty
All Products benefit from an extended warranty of 3 years, due to the quality of the Products distributed in general. This does not cover damage, breakages or malfunctions resulting from non-compliance with the precautions for use. For the implementation of this extended warranty, the Customer must contact Customer Service to find out about the specific resulting procedure. The product will be exchanged for an identical product. It will be delivered to the Customer at the expense of MON PETIT MEUBLE FRANÇAIS, except in the event of a stock shortage or disappearance of the Product from the range offered.
In the latter case, MON PETIT MEUBLE FRANÇAIS will refund the price of the Product to the Customer.
8.3. Warranty against hidden defects
According to article 1641 of the Civil Code: "The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer does not would not have acquired it, or would have given only a lesser price for it, if he had known them".
According to article 1642 of the Civil Code: “The seller is not liable for apparent defects of which the buyer has been able to convince himself”.
According to article 1643 of the Civil Code: "He is liable for hidden defects, even if he did not know of them, unless, in this case, he has stipulated that he will not be bound by any guarantee".
According to article 1644 of the Civil Code: "In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price, as it will be arbitrated by experts"
According to article 1645 of the Civil Code: "If the seller knew of the defects of the thing, he is liable, in addition to the restitution of the price he received, for all damages and interest towards the buyer".
According to article 1646 of the Civil Code: "If the seller is unaware of the defects of the thing, he will only be required to refund the price, and to reimburse the purchaser for the costs incurred by the sale".
According to article 1647 of the Civil Code: "If the thing which had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and for the other compensation explained. in the previous two articles. But the loss arrived by fortuitous event will be for the account of the buyer”.
According to article 1648 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect”.
8.4. Right to retract
8.4.1. MON PETIT MEUBLE FRANÇAIS considers that any Customer who is not satisfied with the Products ordered must be able to exercise their right of withdrawal, without penalty, under the best conditions.
In accordance with Articles L.221-18 and following of the Consumer Code, the legal period for the right of withdrawal is fourteen clear days from receipt of the Product.
The Customer returning the Product within the framework of the exercise of his right of withdrawal, has the right to reimbursement of the price of the Products ordered and the outward delivery costs. On the proposal of MON PETIT MEUBLE FRANÇAIS, the Customer who has exercised his right of withdrawal may however opt for an exchange or the issuance of a credit note.
8.4.2. To exercise this right of withdrawal, MON PETIT MEUBLE FRANÇAIS suggests that the customer contact Customer Service at no. 0770962441 (non-surcharged and free call from a landline).
The refund will be made, at the latest, within seven days from the date on which MON PETIT MEUBLE FRANÇAIS recovers the refused furniture. The refund will be made by transfer to the Customer's bank account. Only the return or exchange of complete Products will be accepted and in perfect condition for resale, unsoiled, undamaged, unworn. To facilitate the consideration of your request and to speed up the refund, we recommend that you send us the carefully completed return slip. The costs of returning the goods of the Product remain the responsibility of the Customer, except in the event of a lack of conformity or proven hidden defects of the Product.
8.4.3. In the event of use of the right of withdrawal for only part of the Order, only the price invoiced for the returned Products will be refunded.
8.4.4. By way of exception, the right of withdrawal cannot be exercised for the contracts listed in article L.221-28 of the Consumer Code, including in particular contracts for the supply of goods made to the consumer's specifications or clearly personalized. The Products concerned by the exclusion of the right of withdrawal are indicated as "personalized" or "tailor-made" to the Customer, in the Order confirmation.
8.5. Return procedure
MON PETIT MEUBLE FRANÇAIS organizes the return of the Products which must be returned to it in order to limit any damage to the Product and to optimize the costs borne by it or the customer. It will inform the Customer of the terms of the return and any related costs.
The Products must be made available to the carrier and be in perfect condition for resale. Any Product returned incomplete, damaged, washed, damaged, deteriorated, soiled, even partially will not be refunded or exchanged. Except hypotheses of lack of conformity or hidden defects of the Product, the costs of returning the goods are the responsibility of the Customer.
ARTICLE 9 - CONDITIONS OF USE OF THE PRODUCTS
9.1. Prior to any order and any use of Products, the Customer must read all the information communicated on the Website, find out about the characteristics and components of the Products and ensure that they are compatible with the use he wish to do so.
9.2. The Customer undertakes to systematically use the Products for their usual use. For any additional information concerning the characteristics of the Products, the Customer Service of MON PETIT MEUBLE FRANÇAIS is available to the Customer on 0783036715 (non-surcharged and free call from a landline).
ARTICLE 10 - RESPONSIBILITY
10.1. The products presented on the Website comply with the French legislation in force and the standards applicable in France. MON PETIT MEUBLE FRANÇAIS undertakes exclusively to comply with the legal provisions applicable in France.
No regulations specific to the country of delivery and/or consultation of the Website may be opposed to MON PETIT MEUBLE FRANÇAIS. The Customer is solely responsible for compliance with the regulations applicable in his country of residence or in the country of destination of the Products. It is up to him to find out from the local authorities concerned about any restrictions on the import, export or use of the Products he plans to order on the Website.
10.2. The service provided by MON PETIT MEUBLE FRANÇAIS is limited to the supply of the Products under the conditions described in the General Conditions of Sale. Under no circumstances can MON PETIT MEUBLE FRANÇAIS be held liable for the advice, recommendations and conditions of use of the Products provided on the Website.
10.3. MON PETIT MEUBLE FRANÇAIS 's liability is limited to direct and foreseeable damage that may result from the Customer's use of the Website and the Products. MON PETIT MEUBLE FRANÇAIS cannot be held liable for damages resulting from fault on the part of the Customer in connection with the use of the Products.
MON PETIT MEUBLE FRANÇAIS cannot be held liable if the non-performance or poor performance of its own obligations is attributable to the Customer, to the unforeseeable and insurmountable act of a third party outside the delivery of the Products, or to an unforeseeable, irresistible and external case of force majeure.
In general, MON PETIT MEUBLE FRANÇAIS cannot under any circumstances incur liability for indirect or unforeseeable damages caused in connection with the use of the Website and the Order of Products. .
10.4. The responsibility of MON PETIT MEUBLE FRANÇAIS can in no case be sought because of (i) the content available on other sites or Internet sources accessible by means of hypertext links inserted on the Website (and in particular because of advertisements, products, services or any other information), or (ii) damages of any kind that may be suffered by the Customer during a visit to these sites. Use of the Website implies knowledge and acceptance by the Customer of the characteristics and limits of the Internet and the technologies linked to it, the absence of protection of certain data against possible misappropriation or piracy and risks of contamination by any viruses circulating on the network.
MON PETIT MEUBLE FRANÇAIS, being itself dependent on the quality of the Internet network, it does not guarantee the continuity of the Website and does not ensure the correction of defects found on the Internet network. Consequently, MON PETIT MEUBLE FRANÇAIS cannot be considered as being responsible for any unavailability of the Website or any connection difficulty or interruption of the connection (malfunction of the servers, the telephone line or any other technical connection) when using the Website or, more generally, any disruption of the Internet network, affecting the use of the Website.
In this context, MON PETIT MEUBLE FRANÇAIS is not responsible for the sending of forms to an incorrect or incomplete address, for any computer errors or defects observed on the Site.
10.5. Subject to provisions to the contrary, the Website is accessible from any place whatsoever, provided that minimum technical conditions are met, in particular in terms of access to the Internet network, mobile telephony, and the technical compatibility of the equipment used by the customer. Given the global nature of the Internet network, the Customer agrees to comply with all public policy rules relating to the behavior of users of the Internet network and applicable in the country from which he uses the Website.
ARTICLE 11 - ELECTRONIC FILE - PROTECTION OF PERSONAL DATA
11.1. In order to process orders, MON PETIT MEUBLE FRANÇAIS processes personal data concerning the Customer, identified as mandatory in the forms on the Website.
11.2. MON PETIT MEUBLE FRANÇAIS undertakes to respect the confidentiality of personal data communicated by Customers on the Website and to process them in compliance with the Data Protection Act of January 6, 1978, as set out in modified and currently in force.
11.3. The Customer's personal data is collected and processed by MON PETIT MEUBLE FRANÇAIS. MON PETIT MEUBLE FRANÇAIS r does not require the creation of an account prior to the processing of the order and undertakes not to distribute this personal data to any person, organization, company or external partner not necessary for the processing of the order.
11.4. MON PETIT MEUBLE FRANÇAIS r may be required to communicate this data to respond to an injunction from the judicial or administrative authorities.
11.5. The Website is designed to be particularly attentive to the needs of Customers. It is thus made use of cookies, the purpose of which is to signal the passage of the Customer on the Website under the constitution of his shopping cart. Cookies are stored on the Customer's hard drive for a maximum of thirteen (13) months. The Customer may oppose the recording of these cookies on the hard drive of his computer by configuring his browser as follows:
- For Mozilla Firefox: ‐ choose the “tool” menu; ‐ click on the “Erase my tracks” icon; ‐ locate the “cookie” menu and select the options that suit you.
- For Microsoft Internet Explorer 6.0, 7.0 and 8.0: ‐ choose the “Tools” menu, then “Internet Options” ‐ click on the “Confidentiality” (or “Confidentiality”) tab; ‐ select the desired level using the cursor.
ARTICLE 12 - INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
All the elements published within the Website, such as sounds, images, photographs, videos, writings, animations, programs, graphic charter, database utilities, software, and other underlying technology are protected by the provisions of the Intellectual Property Code and belong to MON PETIT MEUBLE FRANÇAIS.
The MON PETIT MEUBLE FRANÇAIS brand, as well as all brands, whether figurative or not, and more generally all the illustrations and images of the articles are and will remain the exclusive property of MON PETIT MEUBLE FRANÇAIS, with the exception of the rights held on the visuals of the products, drawings, brands and logos of the designers.
Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of MON PETIT MEUBLE FRANÇAIS is strictly prohibited.
Apart from any solicitation on its part, MON PETIT MEUBLE FRANÇAIS prohibits any affixing of a hypertext link to the Website. A Customer wishing to place on his personal website a link directly to the home page of the Website, must request prior express authorization from MON PETIT MEUBLE FRANÇAIS. Customers may send comments, suggestions, ideas, questions, photos or any other information (hereinafter "the Published Elements") as long as this content is not illegal, defamatory, slanderous, infringing the rights of intellectual property, or harmful to third parties.
The Customer must not impersonate any person by using a false e-mail address. MON PETIT MEUBLE FRANÇAIS reserves the right to withdraw or modify all elements published on the Website.
ARTICLE 13 - MISCELLANEOUS
13.1. Partial disability
In the event that one or more stipulations of the General Terms and Conditions of Sale are considered illegal or unenforceable by a competent court, the other stipulations will remain in force and will retain their scope and effect.
13.2. Convention on evidence
The acceptance of the General Conditions of Sale by electronic means has, between the parties, the same probative value as the agreement on paper. The information provided by the Website is authentic between the parties. The computerized registers will be kept in the computer systems of MON PETIT MEUBLE FRANÇAIS under reasonable security conditions and may constitute a means of proof, available to the Customer, of exchanges, orders and payments made. on the Website or by e-mail. The scope of the proof of the information delivered by the computer systems of MON PETIT MEUBLE FRANÇAIS is that which is granted to an original in the sense of a signed paper written document.
It is expressly agreed that MON PETIT MEUBLE FRANÇAIS and the Customer may communicate with each other electronically or by telephone. MON PETIT MEUBLE FRANÇAIS and the Customer agree that the e-mails exchanged between them validly prove the content of their exchanges and, where applicable, their commitments, in particular regarding the transmission and acceptance of orders.
13.3. Preservation and archiving
The archiving of the contractual documents is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy which can be produced as proof. You can access archived contracts by making a request by email to info@monpetitmeublefrancais.com
13.4. Waiver
The fact that MON PETIT MEUBLE FRANÇAIS or the Customer does not exercise any of its rights under the General Terms and Conditions of Sale shall not entail a waiver on its part of this right and of the exercise later, such waiver can only proceed from an express declaration.
13.5. force majeure
The performance by MON PETIT MEUBLE FRANÇAIS of all or part of its obligations, in particular delivery, will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay its execution. 'execution. Are considered as such, in particular, without this list being exhaustive, war, riots, insurrection, social unrest, and large-scale general strikes.
MON PETIT MEUBLE FRANÇAIS will inform Customers of the occurrence of a fortuitous event or force majeure within seven days of its occurrence. In the event that this suspension continues beyond a period of fifteen days, the Customer will have the possibility of canceling the order in progress, and the price of the Products ordered and the delivery costs paid will then be reimbursed.
ARTICLE 14 - SUSPENSION - TERMINATION
MON PETIT MEUBLE FRANÇAIS reserves the right to suspend the Customer's access to the Websites, to its services and to refuse any order from a Customer with whom there is any dispute.
The General Conditions of Sale are subject to French law. Only the French version of these General Terms and Conditions of Sale is authentic. In the event of difficulty arising during the Order, the delivery of the Products and more generally the execution of the sale, the Customer will have the possibility, before any legal action, to seek an amicable solution, in particular with the assistance from a consumer association or any other counsel of its choice.
Any dispute that may arise from the interpretation or execution of the General Conditions of Sale and its consequences will be brought before the competent courts.
The General Conditions of Sale also apply in the relationship with any user of the Website who has not placed an Order, in particular with regard to Articles 11 to 15.