0 GENERAL TERMS AND CONDITIONS OF SALE Definitions - Website: The present commercial website, accessible at caravane.fr, that sells interior design and decoration items (e.g., furniture, linen, lights, lamps and rugs) online to individuals. - User: Any natural or legal person or internet user who uses the Website or connects to the Website. - Client: Any User who has created an account on the CARAVANE Website. - CARAVANE: The CARAVANE company. - Personal Data or Information: Any data or information that the User or Client voluntarily provides when they register a Personal Account on the Website and/or any data or information that is collected as a result of a User and/or Client accessing and/or using the Website. - Order Confirmation and Check-Out: By validating an order and using the Website, the Client is indicating their full acceptance of and their agreement to be bound by the General Terms and Conditions of Sale set out on this Website. Purpose These General Terms and Conditions of Sale govern the contractual relations between CARAVANE and the Client and are applicable to all orders made on the Website. Enforceability of the General Terms and Conditions of Sale The Client declares that they have read and understood the General Terms and Conditions of Sale. All sales and orders of items offered by CARAVANE are subject to the acceptance of these General Terms and Conditions of Sale. By placing an order on the Website, the Client is indicating that they fully accept the General Terms and Conditions of Sale. In this respect, the Client is entitled to access, download, save and reproduce these General Terms and Conditions of Sale. The contract of sale for an item or items purchased on the Website consists of the General Terms and Conditions of Sale in force at the time the order was placed and purchased. The Client acknowledges that they are fully aware that their agreement to the content set out in the General Terms and Conditions of Sale does not require the handwritten signature of this document, but results by their proceeding to finalising the order. Following the reading of these General Terms and Conditions of Sale, a positive double click indicates the Client’s acceptance of these General Terms and Conditions of Sale and constitutes proof that the Client has read and fully accepts the provisions set out in the General Terms and Conditions of Sale. These General Terms and Conditions of Sale will prevail over any other general or special condition not expressly agreed to by CARAVANE. CARAVANE's failure at any time to enforce any one of the provisions of these General Terms and Conditions of Sale shall not in any case be construed as a waiver of its right to subsequently enforce a provision. CARAVANE reserves the right to amend or modify the General Terms and Conditions of Sale at any time. In such circumstances, the General Terms and Conditions of Sale applicable to an order will be those published online when a Client places that order. Capacity The purchase of products commercialised by CARAVANE does not constitute an act of daily life within the meaning of Article 1146 of the French Civil Code. Thus, the Client declares that they have the capacity to enter into contracts in accordance with the following conditions: that they are of legal age or an emancipated minor and are not ‘protected’ within the meaning of Article 488 of the French Civil Code. Products Offered for Sale Online The products offered for online sale are those presented on the Website. Using descriptions and photographs, CARAVANE has made every effort to describe and display the products on its Website as accurately as possible. However, despite great care being taken, the Client should be informed that CARAVANE cannot guarantee the complete accuracy between the products and the photographs of the products, especially in relation to colours. Differences may arise for a variety of reasons, including issues related to the colour quality of photographs, difficulties related to displaying colours and textures on monitors and issues related to technical adaptions. Under no circumstances, will these differences be deemed as defects that can give rise to the cancellation of a sale for which CARAVANE is liable. The placement of any order implies an express and irrevocable acceptance of the product descriptions. Before placing an order, the Client must ensure that the products(s) being ordered (especially any heavy or bulky products) can be delivered without any difficulty to the address and property nominated for delivery. Notably, it is the Client’s responsibility to ensure that the items can fit through any doorways and hallways. Delivery cannot be made through windows. CARAVANE will not be liable should a delivery fail because the conditions of access to the Client's property made it impossible to deliver the items ordered. Unavailability of a Product The products offered and the prices displayed on the Website are valid as long as they appear on the Website and while stocks last. If, exceptionally, a product is ordered that is not available, CARAVANE will contact the Client as soon as possible by email or telephone to inform them of the situation. The Client can elect to confirm their order by accepting an extended delivery period or can elect to be fully reimbursed for the price they were invoiced. CARAVANE will not be liable for any product unavailability. Prices The prices of the products offered for sale on the Website are in Euros, are inclusive of VAT and are only valid on the Website. These prices do not include any delivery and packaging charges, which will be provided for each order before check-out. CARAVANE reserves the right to modify the prices of the products at any time and may do so without giving notice to the Client. The products will be invoiced based on the prices in force at the time at which the order is placed. The placement of any order implies an express and irrevocable acceptance of the product prices. For international shipments, prices are mentioned in the Website in Euros, the prices are indicated without taxes at the check-out. These orders are subject to possible taxes and customs fees of the destination country. Customs duties must be paid by the Client directly to the carrier. This also concerns orders above 150€ to the UK. Orders To make a purchase on the Website, the User will first need to register for a Personal Account. In accordance with Article 1369-1 of the French Civil Code, all the steps involved in the sales process are clearly stated on the Website. The contractual process comprises the following steps: - Step 1: Select and validate the products (during this step, the Client can modify and/or correct their order); - Step 2: Complete all the compulsory fields of the registration and information forms; - Step 3: Read the General Terms and Conditions of Sale; - Step 4: Accept all the General Terms and Conditions of Sale; and - Step 5: Place the order by clicking on the tab ‘order with an obligation to pay’. Under this process, the Client has the opportunity to verify the details of their order and the total price and to correct any errors before finalising their order. The order is not definitively confirmed until the Client has validated their agreement to make the payment and the bank has accepted and confirmed the transaction. A summary of the Client's order is then available in printable format. Once an order has been placed, an order confirmation email will be sent to the Client summarising the order (e.g., the order number, a list of the products ordered and their prices). All of the data provided by the Client during the order process and the order confirmation email are proof of the transaction. CARAVANE reserves the right to refuse any order from any Client with whom there is a dispute over the payment of a previous order for as long as this dispute is not resolved. Payment CARAVANE accepts the following methods of payment on the Website: PayPal and bank and credit cards (payments by credit are limited to the following cards: ‘Carte Bleue classique’, Visa and MasterCard). Secure Payment Process To ensure maximum security, CARAVANE uses PayZen system. This system secures all the payment steps that must be carried out between the purchaser and the bank. The steps are fully encrypted and protected. The protocol combines both SSL and electronic banking. This ensures that any information related to an order and credit card number(s) are not circulated unencrypted on the Internet. PayZen does not store credit card numbers after payment transactions have been transmitted to CARAVANE’s bank. Invoice Each invoice is available on the Website and is accessible under the 'My Orders’ section of the Client’s Personal Account. Delivery CARAVANE delivers within Europe and internationally. The products will be sent to the delivery address specified by the Client at the time of ordering. Delivery costs are calculated according to the weight and volume of the products ordered and the country of destination. Colissimo ensure the delivery of orders. Orders are delivered from Monday to Saturday, between 8 am and 1 pm, directly to the delivery address specified by the Client. A signature is required upon receipt. In case of absence or inability to deliver an order, a delivery notice will be left detailing the date of the attempted delivery and the address of the post office from which the parcel can be collected (proof of identity will be required). As stated on the delivery notice, the Client has 15 days from the attempted date of delivery to collect their parcel. After this period has elapsed, the parcel will be automatically returned to the sender. The Client can track their parcel by connecting to the Colissimo’s websites and using the number detailed on the delivery notice. The Client will be sent an email once their order has been dispatched. CARAVANE is committed to a delivery time of less than 15 days. However, please note, this delivery timeframe is an estimate and should be used as a guideline only. In any event, the products will be delivered to the Client within a maximum of 30 days. After this 30-day period, the Client can either grant CARAVANE additional time to deliver the products or cancel their orders by sending a letter to CARAVANE by registered mail with proof of delivery. In the event of the cancellation of the sales agreement, CARAVANE will issue the Client with a full refund within 14 days from receipt of the request for cancellation of the contract. Any delay in delivery must be indicated to CARAVANE within 21 working days of shipment to enable the carrier to conduct a proper investigation. For international shipments, prices are mentioned in the Website in Euros. Prices includes VAT but excluded any customs duties and other taxes. Customs duties must be paid by the Client directly to the carrier. Delivery is free of charge for any orders in France and in the United Kingdom exceeding a value of 100 euros except for orders : - Containing Fabric by-the-metter : Less than of equal to 3m - For which the delivery amount is more than 100 euros - Deliveries to Corsica, coastal island and mountain areas difficult to access - Contains voluminous items The following products are considered as voluminous : - Developped perimeter : greater than or equal to 3m - Total weight : greater than or equal to 30kg - Total lenght : greater than or equal to 2m *The developed perimeter is equal to : (width + height) x 2 + lenght. Additional charges apply for any order containing voluminous items. Some of those product can not be shipped abroad and to some coastal islands. Cancellations and Returns If the Client is not entirely satisfied with the items(s) ordered, they have the right to return the item(s) within 14 clear days of the date the order is delivered. As stated in Article L121-20-12 of the French Consumer Code, if the 14-day period expires on a Saturday, a Sunday, a public holiday or a non-working day, it is extended until the next working day. The Client must complete the return form provided in the parcel, indicating the item(s) that they wish to return. The Item(s) should be returned to the following address: PROLOG Logistique ZI Courbiere Rue des alouettes Lieu-Dit La Penneraiserie St Macaire en Mauges 49450 SEVREMOINE Products must be returned in their original packaging and in perfect condition. CARAVANE will not accept the return of products that have been soiled, damaged, scratched, stained or washed. Returns that do not meet our policy will not be accepted and will be returned to the Client. The Client will bear the costs of returning any such products. The document " Déclaration en Douane / CN23 " present in the transparent envelope must be stuck on the exterior of your package with the sentense" Vente de marchandise " deleted the box " Retour de marchandise " checked. CARAVANE reserves the right not to accept an international return if it does not comply with these conditions. In the case of a cancellation, the Client has 14 days to return the product(s) purchased. In accordance with the provisions of Article L121-21-4 of the Consumer Code, in the case of a return, accepted by CARAVANE, the Client will be reimbursed within a maximum of one month from the day on which CARAVANE receives the products(s) and confirms that they comply with the relevant provisions for return. In-store returns and exchanges are not allowed. Exclusion: In accordance with the Article L.221-28 of the Consumer code, the Customer has no right of withdrawal regarding products made to order or which are personalized. Fabrics and made to order products cannot be returned or exchanged. Transfer of Ownership/Transfer of Risk Regardless of the date of delivery of the product(s), the transfer of ownership of the product(s) to the Client will only occur once the Client has made full payment. However, the risks of loss or damage to the product(s) will only be transferred to the Client once the Client has received the product(s). In the event of loss or damage (e.g., a parcel that is damaged upon receipt or a parcel that has already been opened), it is the Client's responsibility to undertake all the necessary steps to lodge a claim with the postal services. Guarantee CARAVANE undertakes to guarantee the quality of its products within the meaning of Articles L211-4 and following of the Consumer Code and to replace or refund any item found to have a latent defect (Articles 1641 and following of the French Civil Code). To comply with an order, the product must correspond to the description given on the Website and possess the attributes described or the attributes that a purchaser could legitimately expect given the public statements made by the seller, the manufacturer or its representative, particularly in advertisements and labels. In accordance with Article L211-11 of the French Consumer Code, if a lack of conformity is confirmed, the Client will be reimbursed the return costs after the product has been returned and the necessary invoices provided. Thus, the Client should keep all shipping receipts and invoices. If the Client fails to include their shipping invoice(s), the reimbursement will be made on the basis of the basic postal rates for sending a parcel. The provisions of this Article do not prevent the Client from benefiting from the right of cancellation mentioned above. Liability CARAVANE cannot be held liable for any of the damages or harm inherent in using the Internet network, particularly interruptions in service, external intrusions or the presence of computer viruses. CARAVANE assumes no responsibility for the content of websites that can be visited via hypertext link(s) contained on its own Website. In addition, CARAVANE is exempt from all liability for any breach(es) of its contractual obligations in the event of force majeure or any unforeseen event. Force majeure consists of any event that occurs independently of CARAVANE and the Client, which has the effect of partially or totally preventing the performance of the contractual obligations. Force majeure events or unforeseen events refer to events, other than those which are normally accepted by case law, such as total or partial strikes (internal or external to CARAVANE), lockouts, epidemics, earthquakes, fires, storms, floods, water damage, the blocking of means of transport or supply, governmental or legal restrictions and the shutdown of electronic communications. In the event of force majeure or an unforeseen event, CARAVANE agrees to inform the Client within 7 days of its occurrence. If the impediment continues for a period of more than 15 days, the Client may request the cancellation of their order. Intellectual Property All elements of the Website are and remain the intellectual and exclusive property of CARAVANE. The User is not authorised to reproduce, broadcast, distribute or use any elements of the Website, whether software, visual or audio for any reason whatsoever, even partially. The texts, images, drawings, layout and the graphic charter of the Website are protected by intellectual property law. It is strictly forbidden to copy, extract, circulate, broadcast, modify or adapt the content of the Website. The downloading and printing of text, images and graphical elements are authorised for private and non-commercial use only. The reproduction of drawings, images, audio files, video sequences and texts in other publications (electronic or print) requires the prior written consent of CARAVANE. Any failure to obtain such authorisation will be treated and pursued as a case of intellectual property right infringement. The trademarks and logos on the Website are registered and protected. Any full or partial reproduction of these trademarks and/or logos made using elements of the Website without CARAVANE’s express consent constitutes an act of infringement punishable by Articles L335-2 and following of the Intellectual Property Code. The databases created by CARAVANE are protected by copyright law and the Law of 1 July 1998, which transposed the European Directive of 11 March 1996 on the legal protection of databases into the Intellectual Property Code. All extractions must be limited and made only for private use. Links (simple or hypertext) are strictly forbidden. The Protection of Personal Data and Registration Merely browsing the Website does not require registration or identification with CARAVANE. However, to place an order online, the User will be required to register a Personal Account. When registering a Personal Account on the Website, the User and/or Client accepts that CARAVANE will and authorises CARAVANE to process their Personal Data in accordance with CARAVANE’s Privacy Policy. As part of the registration process, the User agrees to provide data that is true, accurate, current, complete and factual in all respects. By registering for a CARAVANE ‘Personal Account’, the User and/or Client is agreeing to allow CARAVANE to collect and process their Personal Data, including their IP address(es). The collection and processing of this information and Client’s Personal Data allows CARAVANE to process, fulfil, ship and deliver the Client's order(s). The Personal Data collected are intended solely for internal use by CARAVANE. However, the Client’s Personal Data may also be communicated to CARAVANE’S partners, if the Client expressly gives their consent to this by ticking the appropriate box when placing an order. The Client’s Personal Data will not otherwise be transmitted to third parties under any circumstances. The Personal Data collected by CARAVANE from the Client when placing an order are required to manage the transaction and, for this purpose, may be communicated, in whole or in part, to third parties or any of CARAVANE's service providers involved in the processing of orders. In accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016, applicable from 25 May 2018, of the European Parliament and Council, the Client has the right at any time to access, rectify, modify, limit and delete their Personal Data and the right to the portability of their Personal Data. The Client can exercise these rights at any time by contacting ‘CARAVANE WEB’, which is responsible for the processing of Personal Data, as follows: - By mail to : CARAVANE, 20 rue Saint-Nicolas, 75012 PARIS - By email to: caravaneweb@caravane.fr If the Client objects to their Personal Data being processed, the Client will not be able to place any order(s). The Privacy Policy, which the Client accepts actively and without reservation when registering a Personal Account, governs the Personal Data communicated by the Client. CARAVANE once again invites the Client to read the Privacy Policy carefully. Disputes These General Terms and Conditions of Sale are subject to French Law. All disputes that cannot be settled by mutual agreement out of court, notwithstanding a plurality of defendants or a guaranteed appeal, fall under the exclusive jurisdiction of the courts of Paris, unless otherwise specified by public order. Private Sales We will not accept returns or exchanges on sofas, seats and headboards. Once your order has been validated, it cannot be cancelled. The delivery of sofas, headboards and seats is only available in France and at the customer's expense. An appointment with the carrier will be necessary for delivery. The carrier will contact you directly to agree on a delivery time within 8-10 days for Paris-île de France, and 3 weeks maximum for the rest of France. Please note that these estimated delivery times are indicative, and that any delay cannot give rise to damages or cancellation of the current order. The carrier will deliver in the room of the buyer's choice. If the room does not fit through the door, the costs of additional means or repeat delivery will be at his expense. Delivery times for orders including products from the Private Sales collection may exceptionally be extended from 8 to 10 days. It will not be possible to modify the order once it has been placed, it will be necessary to reorder. The return will be charged to the customer, no exchange will be accepted. Returns are accepted within 14 days except for sofa, seat and headboard products. 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