Important notice:
These terms and conditions apply only to deliveries within mainland France and to products sold via our online shop.
LEGAL NOTICE
URL: www.flokk.com
Flokk, a limited liability company with a share capital of €7,600, whose registered office is situated at 10 Rue Waldeck Rochet, 93300 Aubervilliers, registered with the Bobigny Trade and Companies Register under number 419 506 779.
Intra-Community VAT number: FR57419506779
Customer service: Email: info-france@flokk.com - Telephone number: 01 48 61 99 12
Publishing Director: communication-fr@flokk.com
Hosted by: Virto Commerce, a company [*] with a share capital of [*] euros, whose registered office is situated at 20945 Devonshire St Suite 102, Los Angeles, California 91311, USA, registered in the US Commercial Register under number US118733739.
Unique identifiers (Article R. 541-173 of the Environment Code):
[*] (Furniture): FR014154_10P6ZC
We welcome you to the website www.flokk.com (the “Website”).
We invite you to read these general terms and conditions of sale (the “GTC”) carefully, as well as the Site’s Terms of Use (available here) and the Privacy Policy (available here), which govern your use of the Website and our relationship with you should you order products from the Website (the “Products”).
For the purposes of these T&Cs, it is agreed that “You” or the “Buyer” refers to the person browsing the Website and/or ordering Products on the Website; “We” or the “Seller” refers to the company identified in the legal notice above; the Buyer and the Seller shall be collectively referred to as the “Parties” and individually as the “Party”.
Any order for a Product on the Website implies that the Terms and Conditions have been read and expressly accepted by ticking the box provided for this purpose during the ordering process.
Any order for a Product on the Website implies that the T&Cs have been read and expressly accepted by ticking the box provided for this purpose during the ordering process.
In accordance with applicable laws and regulations, it is hereby reiterated that the confirmation of the order form, as specified in these T&Cs, constitutes an electronic contract between the Parties which serves as proof between the Parties of the entirety of the order and of the payability of the sums due in fulfilment of said order.
1. TERMS AND CONDITIONS OF PURCHASE
The Products we offer on the Website are intended solely for persons who (i) are of legal age (or minors who have obtained authorisation from their legal representative to place an order on the Website) and (ii) have full legal capacity to place orders on the Website. We reserve the right at any time to ask you to provide proof of identity confirming your age and/or the aforementioned authorisation from your legal representative. We reserve the right not to fulfil an order and/or to remove from our customer/prospect database any Buyer who has not responded to the above request or who does not meet the requirements set out in this clause.
It is specified that the Products are intended for the Buyer’s personal use, which must not be related to their professional activity, including any resale of the Product. In this regard, the Buyer’s attention is specifically drawn to the fact that the value of their orders must not exceed the sum of [*] € ([*] euros) per order. Furthermore, it is specified that a single Buyer is only authorised to order a maximum of [*] units of the same product code per order, and up to a limit of [*] units per order. Finally, a single Buyer is only permitted to place one order per day. In the event of an order exceeding the aforementioned amount and/or the aforementioned quantity, the order may be deemed void.
2. PRODUCTS - PRICES
a. Products
The Products offered for sale on the Website are those listed on the Website on the date the Buyer visits the Website.
The Buyer is advised that the photographs and descriptions of the Products are subject to change.
The colours of the products shown in the photographs may appear on your device in shades that differ from those of the finished product. The appearance of the colour depends, in particular, on your screen resolution. Please contact us if you would like to find out more or need help choosing the right colour.
b. Unavailability of a Product
If a Product is out of stock, you will be notified of this:
Alternatively, when placing the order: a message appears stating that the desired Product is temporarily unavailable,
Either by email, following confirmation of the order and prior to delivery.
We promise to refund you within 14 days of the date of your order.
c. Price
Prices are quoted in euros (€) and apply to mainland France, Corsica and Monaco. They include any discounts and VAT applicable on the date of the order. Any change in the applicable VAT rate will be reflected in the price of the Products.
The prices shown do not include processing and delivery charges, which will be indicated before the order is confirmed and charged in addition.
Extras (accessories, spare parts and related services).
Any request to add accessories and/or spare parts to an order already placed, or any additional order placed separately, will be invoiced separately and, unless expressly stated otherwise, will not be eligible for any promotional offers, discounts or promotional codes applied to the original order.
Additions are subject to aflat-rate delivery charge of €15 (including VAT) per shipment.
Where the services of a technician are required (assembly, installation, technical support, etc.), these will be invoiced separately, in accordance with the rates in force on the date of the request.
The delivery terms applicable to orders placed on the Website are set out below.
STANDARD HOME DELIVERY
Delivery in 5 to 6 weeks *
Delivery charges: FREE
** : From the date we receive your order. For Corsica, please allow an additional 2 to 3 weeks.
** : Not available for delivery to French overseas departments and territories.
The Seller reserves the right to change its prices at any time; however, Products are invoiced on the basis of the prices in force at the time the order is placed.
d. User ratings and comments
You can leave a review and recommend each Product. You can also view reviews and recommendations from other users. The reviews and recommendations for each Product reflect the average of the ratings and recommendations provided by users who answered each question, and are the sole responsibility of those users. Under no circumstances do these reviews and recommendations constitute a contractual obligation on the part of the Seller.
The stars displayed on the Website next to the Products represent the average of the ratings, at any given time, left by people who have reviewed that Product on our Website. They are therefore subject to change on a daily basis.
3. ORDER REGISTRATION AND CONFIRMATION
a. Ordering terms and conditions
To place an order, the Buyer must first log in to the Website.
The Buyer may then view the various Products offered for sale on the day they visit the Website and select their Products by (i) browsing the different Product categories or (ii) entering the Product name directly into the search engine or (iii) by clicking on one of the pages in the Site map at the bottom of each page, thereby accessing the full range of Products.
Whilst browsing the Website, a Buyer wishing to place an order may do so simply by clicking on the button to add the Product to the shopping basket.
Once this has been done, the Buyer will see the number of Products in their basket displayed. We would like to draw the Buyer’s attention to the fact that the contents of the basket may be subject to an expiry period.
The Buyer may then continue browsing or click on their shopping basket to view its contents on screen, which will show all the items in the order, including the key features of the Products, the total order amount, billing and delivery details, delivery times, costs and any delivery restrictions, as well as the Buyer’s legal rights and guarantees.
The Buyer may return to this order, add to it, amend it or cancel it as long as they have not yet confirmed it definitively. If the Buyer wishes to select other Product(s), they may continue browsing the Website, safe in the knowledge that the Product(s) they have just selected will remain in their shopping basket.
Once the selection of Products is complete, the Buyer can place an order by confirming it via the button provided for this purpose. A new page will then open, prompting the Buyer to either:
- Enter your username (email address) and password if you are already registered on the Website,
- Please complete the personal data collection form accurately by filling in the required fields, including Surname, First Name, Email address, Billing address, and Delivery address (the address to which deliveries can be made during business hours from Monday to Friday in France).
The Buyer undertakes to complete the form provided to them in good faith. The Buyer acknowledges that the data they provide to the Seller and which is stored in the information systems of the Seller and/or its subcontractors is accurate and constitutes proof of their identity. It is noted that this personal data is governed by the Personal Data Policy available here.
After checking the contents of their order, the Buyer is asked to:
- Either by clicking on the button to proceed to payment for their order, in accordance with the terms set out in these Terms and Conditions;
- Either by clicking on the button that allows them to edit their basket and/or their personal details.
By clicking on the button to proceed to payment for the order, the Buyer must first read these Terms and Conditions of Sale and then confirm their agreement to all of them by completing the required confirmation step on the Website (for example, by ticking a box).
Once the Buyer confirms their acceptance of the T&Cs, a webpage dedicated to payment for the order will open. All orders are subject to payment, meaning that placing an order implies payment by the Buyer.
The Buyer must then proceed to pay for their order in accordance with the terms set out in these T&Cs.
Please note that by choosing to pay by credit card, as provided for in Article 4 below, the Buyer will be automatically redirected to the payment service provider’s payment server. The payment service provider’s server is secured by SSL (Secure Sockets Layer) encryption in order to protect all payment-related data as effectively as possible, ensuring that the Buyer’s bank details are never transmitted via the Seller’s IT system. The Seller is therefore not liable.
The Seller’s computerised records or any other data recorded by the Seller shall constitute proof of all transactions between the Seller and the Buyer.
b. Order confirmation
Once the order has been confirmed and payment has been processed in accordance with the terms set out below, a printable and downloadable summary of the Buyer’s order will be displayed, including the order reference number.
An order confirmation email will be sent by the Seller as soon as possible to the email address provided by the Buyer and will include the following information:
- The Seller’s identity and contact details,
- The order reference recorded at the time the order was placed,
- The order summary and the key features of the Products,
- Delivery times, costs and any restrictions,
- The total amount of the order, including all taxes,
- The legal rights and guarantees available to the Buyer,
- Confirmation of payment,
- These General Terms and Conditions of Sale,
- The withdrawal form.
The Seller retains ownership of the Product(s) ordered until full payment of the price and any associated charges, including delivery costs, has been received by the Seller. In the event of a payment default, the Buyer undertakes to return the Products received to the Seller, at the Buyer’s expense, upon first request.
In order to protect the Seller from fraudulent practices, and in the event that the Seller or the online payment provider suspects that an order is fraudulent, they reserve the right to ask the Buyer (prior to processing the order) for additional documentation (in particular proof of the Buyer’s identity) in order to verify that the order is not fraudulent.
If the Buyer fails to respond within fifteen (15) days of the Seller or the online payment provider sending the request, the order will be cancelled and no payment will be collected by the Seller. In the event that payment for the order has already been received, the Seller shall, within fourteen (14) days of the expiry of the aforementioned period, refund the amount, using the payment method employed by the Buyer.
c. Proof of order
It is expressly agreed between the Seller and the Buyer that emails shall be deemed authentic between the Parties, as shall the automatic recording systems used on the Website, in particular with regard to the nature and date of the order.
The Buyer may access, where applicable in accordance with the rules of ordinary law, the electronic contract concluded between the Buyer and the Seller. To do so, the Buyer shall contact Customer Services here, providing all the necessary information, in particular the order number and their contact details.
4. PAYMENT
The amount payable by the Buyer is the amount stated on the order confirmation as displayed on the relevant webpage and subsequently sent by email by the Seller to the Buyer.
When confirming their order as described above, the Buyer may choose from a range of payment methods.
Payment can only be made at the time of ordering, online, by credit card (Visa, Mastercard, Carte Bleue or American Express).
The order is only confirmed by the Seller once (i) the Buyer has accepted the Terms and Conditions, (ii) the validity of the payment has been verified and confirmed, and (iii) confirmation of the order’s acceptance has been sent to the Buyer.
In any event, the Seller reserves the right to refuse any order or delivery in the event of (i) the limits specified in the ‘Terms and Conditions of Purchase’ section of these terms being exceeded, (ii) there is an existing dispute with the Buyer, (iii) the Buyer has failed to pay for a previous order in full or in part, (iv) payment by credit card is declined by the relevant banking institutions, (v) payment is not made or is made only in part.
In the case of payment by credit card, the order amount is debited after the order has been dispatched.
5. DELIVERY AND ACCEPTANCE
a. Delivery terms
Once the order has been prepared, it is dispatched to the postal address provided by the Buyer when placing the order.
The Products are delivered by a specialist service provider (hereinafter the “Carrier”). If the Buyer is not at home, the Carrier will leave a delivery notice in the Buyer’s letterbox. The Buyer must then contact the Carrier to arrange a new delivery date. It is nevertheless specified that if the Buyer does not contact the Carrier, the latter will make two further delivery attempts, the date and time of which will be determined at the Carrier’s discretion.
The Buyer is informed that the parcel will be held by the Delivery Company for a period of ten (10) days following the first delivery attempt.
b. Deadlines
Orders are processed within an estimated timeframe of 3 working days.
Please note that an order is only dispatched once it has been processed.
Once the order has been processed, the relevant Products are dispatched and delivered within the following estimated timeframes:
Delivery in 5 to 6 weeks,
Sundays and public holidays are not considered working days.
In any event, the order shall be fulfilled within a maximum of 40 days from the day following the date on which the Buyer confirmed their order, subject to full payment of the price and compliance with the terms and conditions of purchase set out in the ‘Terms and Conditions of Purchase’ section of these T&Cs.
If delivery has not been made by the end of this period, the Buyer may cancel their order in accordance with the terms set out in the section entitled ‘Delayed Delivery’ below.
c. Delayed delivery
In the event of a delay in delivery (where the maximum delivery period of [60] days following order confirmation has been exceeded), the Buyer must notify the Seller of this delay as soon as possible by email by clicking here, so that the Seller can initiate an investigation with the Carrier.
If, during this investigation, the order is located within 7 days of the date of the customer’s letter, it will be dispatched within 14 days of the date of the customer’s letter to the delivery address specified in the order. Once this 7-day period has elapsed, or if, following this investigation, the order is deemed lost, the Seller shall refund the full amount paid by the Buyer (including delivery charges), via the payment method used, within 14 days of receiving the customer’s email.
In any event, in the event of a delivery delay of more than 16 working days from the date of the Buyer’s email reporting the delay, not due to force majeure, the Buyer may cancel their order by contacting Customer Services via email: info-france@flokk.com.
If the Buyer exercises this right to cancel the order in accordance with the terms of this Article 5.c, the Seller will not retain the payment for the order.
In the event that payment for the order has already been received, the Seller shall refund the full amount paid by the Buyer (including delivery charges), via the original payment method, within a maximum of fourteen (14) days of receiving the notice of cancellation, to the exclusion of any further compensation.
d. Reception
Each delivery shall be deemed to have been completed once the Product(s) have been made available by the Carrier to the Buyer, or to a third party designated by the Buyer. It is the Buyer’s responsibility to check the conformity and integrity of the Product(s) shipped immediately upon receipt.
Any discrepancies or complaints identified at the time of delivery (including late delivery, missing or damaged goods) must be reported in full and in detail by the Buyer on the delivery note provided by the Carrier at the time the Products are made available and/or confirmed by registered letter to the Carrier within ten (10) days of receipt of the order.
Any such reservation must be notified simultaneously and as soon as possible to the Seller’s Customer Service department here. A copy of the complaint sent to the Carrier must be attached.
6. STATUTORY WARRANTIES
a. Description of statutory guarantees
Statutory guarantee of conformity – In accordance with Articles L. 217-3 et seq. of the French Consumer Code, the Seller is obliged to deliver a Product that complies with the order placed by the Buyer and shall be liable for any lack of conformity existing at the time of delivery of said Product, which becomes apparent within two (2) years of delivery.
The Seller is also liable, within the same time limits, for any lack of conformity resulting from the packaging.
This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The limitation period for the Buyer’s claim begins on the day the Buyer becomes aware of the lack of conformity.
- Under the statutory guarantee of conformity, the Product must, in particular, comply with the terms of the contract by:
-
- 1. Conform to the description, type, quantity and quality, or any other characteristic specified in the contract;
- 2. Be suitable for any specific purpose required by the Buyer, which has been brought to the Seller’s attention no later than at the time the contract is concluded and which the Seller has accepted;
- 3. Be delivered with all accessories to be supplied in accordance with the contract.
- In addition to the criteria for conformity with the contract, the Product is deemed to be in conformity if it meets the following criteria:
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- 1. It is fit for the purpose for which goods of the same type are normally intended, taking into account, where applicable, any provisions of European Union law and national law, as well as any technical standards or, in the absence of such technical standards, the specific codes of conduct applicable to the sector concerned;
- 2. Where applicable, it possesses the qualities that the Seller presented to the Buyer in the form of a sample or model prior to the conclusion of the contract;
- 3. Where applicable, it shall be supplied with all accessories, including packaging, that the Buyer may reasonably expect;
- 4. It corresponds in quantity, quality and other characteristics, including in particular durability and safety, that the Buyer may legitimately expect for goods of the same type, having regard to the nature of the Product and to any public statements made by the Seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.
- However, the Seller shall not be bound by any public statements referred to in the preceding paragraph if it can demonstrate:
- 1. That he did not know them and was not reasonably in a position to know them;
- 2. that, at the time the contract was concluded, the public statements had been corrected in circumstances comparable to those of the original statements; or
- 3. That the public statements could not have influenced the decision to purchase.
The Buyer may not contest conformity on the grounds of a defect relating to one or more specific characteristics of the Product, in respect of which the Buyer was specifically informed that they deviated from the criteria of conformity set out above, and to which deviation the Buyer expressly and separately consented at the time the contract was concluded.
Unless otherwise expressly stated in relation to specific products, the Seller does not provide any commercial guarantee within the meaning of Article L. 217-21 of the Consumer Code.
Statutory warranty against hidden defects – Similarly, in accordance with Article 1641 of the Civil Code, the Seller is liable under the warranty for hidden defects in the item sold which render it unfit for its intended use, or which so impair that use that the Buyer would not have purchased it, or would have paid only a lower price for it, had they been aware of them.
Any claim arising from such defects must be brought by the Buyer within two (2) years of the discovery of the defect.
b. Procedure to follow
If the Products delivered do not match those ordered by the Buyer or if they contain hidden defects, the Buyer must send an email to the Seller’s Customer Service department here to notify them of the non-conformity or hidden defects in their Product(s).
The Seller’s Customer Service team will acknowledge receipt of the Buyer’s request and confirm the procedure to be followed. Upon receipt of instructions from the Seller’s Customer Service team, the Buyer shall return the non-compliant Products or those affected by a hidden defect to the Seller at the address provided by Customer Service.
The Product(s) must be (i) returned, at the Seller’s expense, complete, unused (except in the case of a hidden defect), in their original, undamaged packaging and (ii) where possible accompanied by their original packaging, the return form and a photocopy of the invoice.
Furthermore, the Seller does not accept parcels sent carriage forward. Any risk associated with the return of the Product(s) shall be borne by the Seller.
Upon receipt of the Product(s) alleged to be non-compliant or to have a hidden defect, the Seller shall inspect the Product(s) to determine whether or not they comply with the terms of the sale. Similarly, the Seller may carry out a quality test on the Product(s) returned by the Buyer to verify that the returned Product(s) are indeed the original Product(s). It is understood that these checks shall be carried out as soon as possible and within a maximum period of one (1) month.
c. Content of statutory guarantees
If it is confirmed that the Product(s) is/are non-compliant or that a latent defect is found to exist, the Buyer may choose between repair and replacement of the Product, subject to the cost conditions set out in Article L. 217-12 of the French Consumer Code. Please note that the Buyer (i) has a period of two (2) years from the delivery of the Product to take action and (ii) is exempt from providing proof of the Product’s lack of conformity during the twenty-four (24) months following the delivery of the Product.
In the context of the Buyer’s right to claim under the warranty against hidden defects in the goods sold, as provided for in Article 1641 of the Civil Code, the Buyer may choose between rescission of the sale or a reduction in the purchase price in accordance with Article 1644 of the Civil Code.
7. RIGHT OF WITHDRAWAL
a. Scope of statutory guarantees
The Buyer has a right of withdrawal which they may exercise within fourteen (14) clear days, without having to give any reason or pay any penalties, except for the cost of returning the goods, which is their responsibility. This withdrawal period expires fourteen (14) clear days after the day on which the Buyer, or a third party designated by the Buyer other than the Carrier, takes physical possession of the Products.
If the Buyer has ordered several Products in a single order, or if the Products have been delivered in several instalments, the withdrawal period does not begin until the Buyer, or a third party designated by the Buyer other than the Carrier, has taken physical possession of the last Product or the final instalment of the delivery.
To exercise their right of withdrawal, the Buyer must notify the Seller of their decision to withdraw by means of an unambiguous statement before the expiry of the withdrawal period, in particular:
(i) by telephone on: 01 48 61 99 12
(ii) by email, by filling in the form available here
In order for the withdrawal period to be observed, the Buyer need only send notification of their intention to exercise their right of withdrawal before the withdrawal period expires.
If the withdrawal relates only to some of the products ordered, the Buyer must specify on the withdrawal form exactly which products the withdrawal relates to.
b. Returning the Products subject to the cancellation
Once the Buyer has notified the Seller of their decision to withdraw, the Buyer must return the Product(s) to the Seller in full, unused, in their original, unopened packaging and, where possible, accompanied by their original packaging, the return form and a copy of the invoice, without undue delay and no later than fourteen (14) days following the Buyer’s notification of their decision to withdraw, to the address provided by Customer Services. This deadline is deemed to have been met if the Products are returned before the expiry of the fourteen (14)-day withdrawal period.
If the Products are not returned within fourteen (14) days of the Buyer notifying us of their decision to withdraw, no refund will be issued.
The cost of returning the Product(s) shall be borne by the Buyer.
c. Refund of the Products subject to cancellation
The Seller undertakes, following inspection of the returned product, to refund the Buyer the full amount paid, including delivery costs (with the exception of any additional delivery costs arising from the Buyer having chosen, where applicable, a delivery method other than the least expensive standard delivery option offered by the Seller). Unless the Buyer expressly agrees to another method of refund, the refund for the Product(s) shall be made via the original payment method used by the Buyer, without undue delay and, in any event, no later than fourteen (14) days from the date on which the Seller is informed of the Buyer’s decision to withdraw. This refund shall not incur any costs for the Buyer. However, the refund of this sum may be deferred until the returned Products have been effectively recovered or until the Buyer has provided proof of dispatch of the Product, whichever occurs first.
The Buyer is advised that Products whose seals have been broken after delivery are not eligible for a refund.
For further information regarding the scope, content and instructions on how to exercise the Buyer’s right of withdrawal, the Buyer may contact Customer Services here.
8. PRODUCT WARRANTY
The product warranty provided by the Seller covers defects, such as defects in materials and workmanship, from the date of manufacture of the product. The warranty covers all necessary replacement parts. Labour and transport costs are not covered. Wear and tear is assessed on the basis of normal use and is not covered by the warranty. Unless otherwise stated, the maximum user weight is 110 kg. The warranty is subject to normal cleaning of the product and any textiles and/or leather. The warranty does not cover the effects of wear and tear or stains where the Buyer chooses a light colour for the plastic, metal components or fabric.
- Warranty period:
See the brand’s general warranty terms and conditions here.
- Product quality:
The Supplier is ISO 9001 certified. Conference chairs are tested and approved in accordance with standard EN 16139 or EN 1729. Tables are tested and approved in accordance with standard EN 15372 or EN 12521. Work chairs are tested and approved in accordance with standard EN 1335, which is the European standard for office chairs, taking into account chair dimensions, safety requirements and safety testing methods. European standards are based on daily use of 8 hours per day by persons weighing up to 110 kg. The Buyer may contact the Seller for further information on this point.
9. ENVIRONMENTAL RESPONSIBILITY AND SUSTAINABLE DEVELOPMENT
Environmental responsibility is at the heart of the Seller’s business. All seats are made from recyclable materials. A full list of the recyclable materials used in each product and their Environmental Product Declaration (ISO 14025-EPD) is available on request. The Seller is certified to the OSP 14001 standard. Almost all products are certified by the GREENGUARD Environmental Institute’s certification programme, which indicates that the products do not emit harmful substances.
10. MEDIATION
If you have any issues with an order, please contact our Customer Service team:
Customer Service telephone number: 01 48 61 99 12
Monday to Friday, 9am to 5pm (excluding public holidays)
In accordance with the provisions of the Consumer Code regarding the amicable settlement of disputes, Flokk is registered with the Paris Mediation and Arbitration Centre (hereinafter the “Mediator”), whose contact details are as follows: 39 Avenue Franklin D. Roosevelt - 75008 Paris - http://www.cmap.fr. If a written complaint is not resolved by our Customer Service team, you may refer the matter to the Mediator free of charge. To find out how to refer a matter to the Mediator, click here. At European level, the European Commission has also set up an online dispute resolution platform, accessible here.
11. PERSONAL DATA
a. Personal data
The provision of personal information (personal data), marked with an asterisk, collected in connection with online sales is mandatory, as this information is necessary for the processing and delivery of orders, as well as for the preparation of invoices. This information is strictly confidential and is used only by the Seller, or its subcontractors subject to the same obligations, for the processing of orders placed and in accordance with the Personal Data Policy available here.
Please note that the Buyer has the right to access, amend, correct and delete any personal data concerning them.
To exercise this right, the Buyer may send a message, accompanied by proof of identity, to the Seller’s Customer Service department here.
The Buyer may receive emails from the Seller containing information about the Seller’s Products and activities, provided the Buyer has given their prior consent by ticking the box provided for this purpose. The Buyer retains the right to refuse such communications either in advance by not giving their consent at the time of order confirmation, or retrospectively by expressing their refusal via email by clicking here.
b. Cookies
This website uses cookies. Cookies are small text files stored on the Buyer’s computer’s hard drive. For further information on how the Seller uses cookies on this website, please read the information available here.
12. MISCELLANEOUS PROVISIONS
a. Force majeure
Neither Party shall be liable for any total or partial failure to perform its obligations under these Terms and Conditions if such failure is caused by an event constituting force majeure.
Events that meet the criteria established by the case law of the Court of Cassation and by legislation are considered to constitute force majeure.
The Party invoking an event constituting force majeure must notify the other Party within five (5) working days of the occurrence of such an event. The Parties agree that they must consult with one another as soon as possible in order to jointly determine the terms for fulfilling the order during the period of force majeure. Should the interruption due to force majeure exceed one (1) month, the Seller may choose not to fulfil the order, in which case the Seller shall be responsible for reimbursing the Buyer.
b. Liability
In the context of distance selling, the Seller is bound only by an obligation of means. The Seller shall not be held liable for any damage resulting from the use of the internet, such as loss of data, unauthorised access, viruses, service interruptions or other unforeseen issues.
c. Partial invalidity
If one or more provisions of these Terms and Conditions are deemed invalid or are declared as such pursuant to a law, regulation or following a final decision by a competent court, the remaining provisions shall remain in full force and effect.
d. Full text of the Terms and Conditions
These Terms and Conditions and the order summary sent to the Buyer form a single contractual document and constitute the entirety of the contractual relationship between the Parties. In the event of any inconsistency between these documents, the Terms and Conditions shall prevail.
e. Amendments to the Terms and Conditions
It is hereby stated that the Buyer may save or print these Terms and Conditions, provided that they are not altered in any way.
The current Terms and Conditions can be viewed at any time under the ‘Terms and Conditions’ section, which is accessible from every page of the Website.
The Seller may update these Terms and Conditions at any time. Any such update will be the subject of a prior and specific notification on the Website.
f. Governing law and competent courts
These Terms and Conditions and the contractual relationship between the Buyer and the Seller are governed by French law. In the event of any dispute or litigation, the Court.