Article 1 - GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
These general conditions of sale are applicable exclusively to the online sale of products offered by the company La Chambre Paris via the website www.lachambreparis.com
The GTCs are made available to customers on the website where they can be consulted directly and can also be communicated on request by any means.
The GTCs are opposable to the customer who acknowledges having been informed of them and having accepted them before validating the payment of his order. The validation of the order by its confirmation is worth adhesion by the purchaser to the GCS in force at the day of the order whose conservation and reproduction are ensured by La Chambre Paris.
Article 2 - PRODUCTS
www.lachambreparis.com is a site of on-line sale of Household linen (hereafter the "Product(s)") opened to any natural person or legal entity using the Site www.lachambreparis.com (the "Customer").
The Products presented on the Site are each the subject of a description mentioning their essential characteristics. The photographs illustrating, where applicable, the products do not constitute a contractual document. The Products comply with the provisions of French law in force.
The Customer remains responsible for the methods and consequences of his access to the Site, particularly via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain at the Customer's expense. In addition, the Customer must provide and be entirely responsible for the equipment necessary to connect to the Site.
The Customer acknowledges having checked that the computer configuration he uses is secure and in working order.
Article 3 - ORDERS
La Chambre Paris strives to guarantee an optimal availability of its Products. Product offers are valid within the limits of available stocks.
If, despite La Chambre Paris' best efforts, a Product proves to be unavailable after the Customer's order, La Chambre Paris will inform the Customer by email or by phone, as soon as possible, and the Customer will have the choice between:
- the delivery of a Product of a quality and price equivalent to the one initially ordered, or
- the reimbursement of the price of the ordered Product within fifteen (15) days of the payment of the sums already paid.
It is agreed that apart from the reimbursement of the price of the unavailable Product, if this option is requested by the Customer, La Chambre Paris is not bound to any cancellation indemnity, except if the non-performance of the contract is personally attributable to him.
With the exception of any contrary mention appearing in these General Conditions and without prejudice to the right of withdrawal provided by the applicable law, the Customer's orders are firm and definitive.
At the time of placing an order, the Customer must inform his sales representative of the selection of the products he wishes to order by indicating the products and the quantities desired. The Customer has the possibility to check the details of their order and its total price when they receive their quotation. The Customer then has the possibility of asking to correct the contents of his basket and his information, if necessary, before validating it.
The Customer undertakes to read the General Terms and Conditions of Sale in force at the time before accepting them and confirming the terms and conditions and any delivery and withdrawal charges prior to payment of his order. The acceptance of the estimate returned signed to La Chambre Paris preceded by the mention "Good for agreement", involves the acceptance of the GCS and forms the contract.
The contractual information relating to the order (including the order number) will be confirmed by e-mail in due course and at the latest at the time of delivery.
Any e-mail that will be sent to the Customer in the context of an order will be sent to the e-mail address that the Customer uses or communicates to us as his reference e-mail address.
La Chambre Paris archives the quotations and invoices for the sale of Products in accordance with applicable legislation. By sending a request to the following address email@example.com, La Chambre Paris will provide the Customer with a copy of the contract that is the subject of the request.
Any modification of the order by the Customer after confirmation of the order is subject to the agreement of La Chambre Paris. The information communicated by the Customer when placing the order (in particular name, billing address and delivery address) is binding. Thus, La Chambre Paris cannot be held responsible in the event that an error during the placing of the order would prevent or delay the delivery.
The Customer declares to have the full legal capacity allowing him to commit himself under the present General Conditions.
Article 4 - PAYMENT TERMS AND SECURITY
The Customer expressly acknowledges that any order placed with La Chambre Paris is an order with an obligation to pay, which requires the payment of a price against the supply of the ordered Product. The Customer commits himself to pay the totality of the sum due to the order of his products. The payment will be debited as soon as the order is validated.
In any case, La Chambre Paris reserves the right to check the validity of the payment, before shipping the order, by any necessary means.
La Chambre Paris uses the online payment solutions Paypal and STRIPE. For the payment in several times, La Chambre Paris uses the Alma payment solution. If you pay your order in several times, you accept Alma's general customer conditions as well as Alma's special conditions for La Chambre Paris customers.
Orders can be paid using one of the following payment methods:
- Payment by credit card. The payment is made directly on the secure servers of the payment provider STRIPE, the Customer's bank details do not pass through the Site. The bank details communicated at the time of payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties.
The Customer's order is recorded and validated as soon as the payment is accepted by the STRIPE payment provider.
The Customer's account will only be debited with the corresponding amount when (i) the data of the bank card used has been verified and (ii) the debit has been accepted by the bank that issued the bank card. The impossibility of debiting the amounts due will result in the immediate nullity of the sale.
The bank card may be refused if it has expired, if it has reached the maximum amount of expenditure to which the Customer is entitled or if the data entered is incorrect.
- Payment by Paypal. The Customer already has a Paypal account. The Customer can use this account and pay his order in complete security without communicating his bank details.
- Payment by bank transfer. In case of payment by bank transfer, the Customer will have to make sure with his banking institution that the total amount of the order is credited on the account of La Chambre Paris and that the name of the Customer is indicated in reference of the order. The possible bank charges which can be claimed by the Customer's bank are only charged to the Customer.
For any payment of an order by bank transfer, La Chambre Paris will only send the order upon receipt of the Customer's bank payment.
Article 5 - PAYMENT OF THE PRICE
The price of the Products in force at the time of the validation of the quotation is indicated in euros excluding taxes and in euros excluding delivery and transport costs.
The price is payable in euros (€) exclusively. The price is payable in full after confirmation of the order. The proposed prices include the discounts and rebates that La Chambre Paris would have to grant.
If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before the validation of the order by the Customer. In case of payment by credit card, the total amount due by the Customer and its details are indicated on the quotation which forms the contract between La Chambre Paris and the Customer, and on the Customer's order confirmation page. In case of payment by bank transfer, the total amount due by the Customer and its details are indicated on the quotation which forms the contract between La Chambre Paris and the Customer.
Article 6 - FORMATION OF THE CONTRACT
Any request for a professional order leads to the establishment of a free quotation without obligation. The validity period of each estimate is one (1) month from the date of sending to the Customer, and mentions the description of the Products, the prices, our delivery times, our payment conditions, as well as all the specificities defined beforehand with the Customer. The signature of the estimate by the Customer, preceded by the mention "Good for agreement", acts as an order contract between the Customer and La Chambre Paris and is worth the acceptance of the present General Conditions of Sale without any reserve. The order will only be definitively validated once the estimate is signed and the payment is made at the time of the order. The execution of a contract gives place to the establishment of an invoice which will be sent by email to the Customer by La Chambre Paris. The prices invoiced during the validation of the order are those in force at the day of the recording of the order. In case of dispute, the signed estimate, the GTC, as well as the invoice will constitute the proof of the agreement between each party.
Article 7 - RESERVATION OF OWNERSHIP
La Chambre Paris remains the exclusive owner of the Products ordered on www.lachambreparis.com until receipt of the full price, including any shipping costs.
Article 8 - SHIPPING AND DELIVERY
The online sales offers presented on the site are reserved for consumers residing in France and abroad. The delivery means the transfer to the Customer of the physical possession or the control of the Product.
The orders placed by La Chambre Paris are prepared and dispatched within 24 hours maximum (except Saturday, Sunday and public holidays), provided that the payment of the order was not refused beforehand or awaiting reception following payment by bank transfer.
The sendings are then transmitted and taken care by a logistic service provider (Colissimo) which carries the parcels towards the address indicated by the customer during the order. It is therefore up to the customer to check that the address communicated to La Chambre Paris does not contain any error. La Chambre Paris cannot be held responsible if the address communicated by the Customer is erroneous, thus preventing or delaying the delivery. The Customer is informed by e-mail of the shipment of his order.
The possible shipping costs are those specified during the finalization of the order and are accepted by the validation of this one.
Delivery times are announced in working days when the order is placed. These deadlines include the preparation and the expedition of the order as well as the deadline planned by the carrier.
However, if one or several Products could not be delivered within the deadline initially announced, La Chambre Paris will send an email indicating to the Customer the new delivery date.
At the delivery, it could be asked to sign a receipt. No delivery will be made to a post office box. At the delivery, it is up to the Customer to check that the delivered Products are in conformity with his order and that the parcel is sealed and not damaged. If this is not the case, the Customer must indicate this on the delivery slip or send an e-mail to firstname.lastname@example.org.
. If the Customer has not received his/her order within 5 working days, he/she should contact the post office closest to the place of delivery. If this one via its service of follow-up of delivery does not have any trace of the parcel it will be advisable for the Customer to address an e-mail to the address email@example.com which will open a file of complaint near the conveyor.
Article 9 - EXCHANGE AND RIGHT OF RETRACTION
If a delivered Product does not give whole satisfaction to the Customer, this last one will be able to return it to La Chambre Paris. The products will not be taken back, nor exchanged, if they were washed or used. The Customer will have ninety (90) days to do so from the date of receipt of the order. The Customer will have to send an email to firstname.lastname@example.org specifying the order number and the reason of the return. La Chambre Paris will send the return procedure to the Customer to print the return form. The return costs in France will be paid by La Chambre Paris. The refund will be made within fifteen (15) days and will automatically be made to the account associated with the credit card used for the purchase or to the Paypal account used for the payment. For orders paid by bank transfer, the refund will be made within fifteen (15) days and will be made to the bank account that issued the payment of the order.
If a delivered Product has a manufacturing and/or quality problem, La Chambre Paris offers a ninety (90) day guarantee to exchange the Product. La Chambre Paris ensures the immediate replacement of the defective Product. In order to proceed to the exchange of the Product, the Customer will have to send an email to email@example.com specifying the order number and the Product(s) to be exchanged. La Chambre Paris will then send the procedure to the Customer to print the return form.
If the Customer has made a mistake in size or colour when ordering, he/she will be able to contact La Chambre Paris in order to exchange the Product. The Customer will have ninety (90) days to make the exchange request as from the date of reception of the order. The Customer will have to send an email to firstname.lastname@example.org specifying the order number and the Product(s) to exchange. La Chambre Paris will then send the procedure to the Customer to print the return form. Once the Product(s) is (are) received, La Chambre Paris will then be in charge of shipping the new Product(s). The delivery costs will be paid by La Chambre Paris.
By accepting the present General Terms of Sale, the Customer expressly acknowledges having been informed of the exchange and withdrawal terms.
Article 10 - INTELLECTUAL PROPERTY AND LICENSE OF USE OF THE SITE
La Chambre Paris is the only owner of all the elements present on the Site, in particular and without limitation, all texts, files, images animated or not, photographs, videos, logos, drawings, models, software, marks, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information (hereafter, the "Elements") which are protected by the French and international laws and regulations relating in particular to the intellectual property.
Consequently, none of the Elements of the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or for a fee, by a Client or a third party, whatever the means and/or media used, whether known or unknown to date, without the prior express written authorisation of La Chambre Paris on a case-by-case basis, and the Client is solely responsible for any unauthorised use and/or exploitation.
La Chambre Paris reserves the right to take legal action against any person who does not comply with the prohibitions contained in this article.
ARTICLE 11 - LIABILITY AND GUARANTEE
La Chambre Paris could not be held for person in charge of the non-fulfilment of the contract because of the Customer or because of an event qualified as force majeure by the competent courts or because of the unforeseeable and insurmountable fact of any third party to the present.
The Customer recognizes that the characteristics and the constraints of the remote sales do not make it possible to guarantee the safety, the availability and the integrity of the transmissions of data on Internet. Thus, La Chambre Paris does not guarantee that the Site and its services will function without interruption or operating error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change the content and/or their presentation.
La Chambre Paris cannot be held responsible for the use of the Site and its services by the Customers in violation of these General Conditions and for the direct or indirect damage that this use could cause to a Customer or a third party. In particular, La Chambre Paris cannot be held responsible for false declarations made by a Customer and for his behaviour towards third parties. In case La Chambre Paris is held responsible for such a behaviour of one of its Clients, the latter commits to guarantee La Chambre Paris against any sentence pronounced against him and to reimburse La Chambre Paris for all expenses, in particular lawyers' fees, incurred for his defence.
Independently of any additional contractual guarantee (commercial guarantee) which could be granted, the Products benefit from the legal guarantee of conformity provided for in articles L. 217-4 and following of the Consumer Code (in particular L. 217-4 to L. 217-14 of the Consumer Code), and from the guarantee of hidden defects provided for in articles 1641 to 1649 of the Civil Code.
ARTICLE 12 - PERSONAL DATA
The User is hereby informed that the personal data indicated as mandatory on the contact forms and collected as part of the service described herein are necessary for the commercial relationship. Among the personal data of the User that the Operator collects from him/her may be:
- His/her surname and first names
- His/her email address
- His/her postal address
- His/her billing address
- His/her telephone number
- His/her IP address (virtual address of his/her computer)
- His/her password
- His/her SIRET number
La Chambre Paris undertakes to ensure the protection of the Customer's personal data and of all the personal data obtained within the framework of a commercial relationship.
In this respect, each Client with an account on the La Chambre Paris website is solely responsible for preserving the confidentiality of his login and password, and is solely responsible for all accesses to his Client Account, whether authorized or not.
La Chambre Paris cannot be held responsible for any action or damaging fact carried out via the Client's personal space by a third party who would have had access to his login and password as a result of a fault or negligence attributable to the Client. The Client undertakes to inform La Chambre Paris immediately as soon as the Client is aware of or suspects an unauthorized use or an unauthorized access to his personal space.
All personal data collected by La Chambre Paris are collected directly from the Client and processed by La Chambre Paris to allow the implementation of the commercial relationship and its follow-up. These data may also be used to develop statistics to improve our services. This data may be transmitted to La Chambre Paris' partners and suppliers involved in the delivery, invoicing and management process for the purpose of processing orders as well as for marketing and customer relationship management.
La Chambre Paris complies with legislation on the protection of personal data. As La Chambre Paris collects personal data, it has been declared to the CNIL, registered under the number 2098919 v 0.
ARTICLE 13 - REFERENCES
The Client authorizes La Chambre Paris to mention the name of the Client and/or its logo as a partner reference in its communication media (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc.) subject to acceptance by the Client.
La Chambre Paris authorizes the Client to mention the name of La Chambre Paris and/or its logo as a reference in its communication media (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc.). Subject to acceptance by La Chambre Paris.
ARTICLE 14 - GENERAL PROVISIONS INTEGRALITY OF THE AGREEMENT BETWEEN THE PARTIES
These General Conditions constitute a contract governing the relationship between the Client and La Chambre Paris. They constitute the entirety of the rights and obligations of the Company and La Chambre Paris relating to their subject. If one or several stipulations of the present General Conditions were declared null and void in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their scope. Moreover, the fact that one of the parties to these General Conditions does not take advantage of a breach by the other party of any of the provisions of these General Conditions cannot be interpreted as a waiver on its part to take advantage of such a breach in the future.
MODIFICATIONS OF THE CONDITIONS
La Chambre Paris reserves the right to modify at any time and without notice the content of the Site or of the services available on it, and/or to cease temporarily or definitively to operate all or part of the Site.
Moreover, La Chambre Paris reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as the present General Conditions. The Customer is therefore required to refer to these General Conditions before any use of the Site.
The Customer acknowledges that La Chambre Paris cannot be held responsible in any way whatsoever towards him or any third party due to these modifications, suspensions or cessations. La Chambre Paris advises the Customer to save and/or print the present General Conditions for a safe and durable conservation, and thus to be able to invoke them at any time during the execution of the contract if necessary.
These General Conditions are governed, interpreted and applied in accordance with French law.
ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER
The Customer acknowledges to have carefully read the present General Conditions.
By registering on the Site, the Customer confirms to have taken knowledge of the General Conditions and to accept them, making him contractually bound by the terms of the present General Conditions.
The General Conditions applicable to the Customer are those available at the date of the order, a copy of which dated to this day can be given to the Customer at his request, it is thus specified that any modification of the General Conditions which would be carried out by La Chambre Paris will not apply to any order occurred previously, except express agreement of the Customer at the origin of a given order.