1. GENERAL INFORMATION
These general conditions of sale exclusively govern the sales of one or more products (hereinafter referred to as “the Product(s)”) marketed by SAS GROUPEMENT MOBILIER DE FRANCE (hereinafter referred to as “the Seller”) on the website www.mobilierdefrance.com (hereinafter referred to as “the Site”).
The Customer declares that they have read these general terms and conditions of sale before placing their order; validation of the order therefore constitutes unreserved acceptance by the Customer of these general terms and conditions of sale. Unless proven otherwise, the data recorded on the Site when the Customer places their order constitutes proof of all transactions made by the Customer on the Site.
The Customer must print and keep these general terms and conditions of sale.
2. PRODUCTS
The Customer chooses the property according to their own criteria (dimensions, firmness, materials, etc.).
The Customer is informed that for technical reasons (color difference related to the quality of the computer and/or printer, size difference due to a visual effect related to the photo, etc.) differences may exist between the photos of the Products appearing on the Site and the Products themselves (color, size, etc.). The Customer is invited to refer to the description of each Product to know its precise characteristics.
3. ORDER
The Customer places their order in accordance with the specifications on the website. They will carefully select the product(s) they wish to order and place them in their shopping cart.
To place an order, the Customer must create a Customer account. At this time, the Customer will provide, under their sole responsibility, their identity (first and last name), contact details (address, telephone number, email address) and delivery address.
If the Customer already has a Customer account, he/she must log in and verify that his/her personal information (identity, contact details) and delivery address are correct.
In the event of an input error, the Site shall not be held liable for any consequences in terms of delay or impossibility of delivery. All costs related to the reshipment or organization of a new delivery of the Products due to an input error by the Customer shall be the sole responsibility of the Customer.
The Customer will be able to check the details of their order and the total price before its complete validation.
The Customer will receive confirmation of their order on the Site by email (to the address they have provided).
The order will only be considered validated after payment by the Customer under the conditions specified in article 9 below.
4. PRODUCT AVAILABILITY - RE-STOCKING
4.1. Product and price offers are valid as long as they are visible on the Site and within the limits of available stocks.
Each Product is accompanied by a descriptive sheet established by the manufacturer.
In the event that a Product is unavailable after the order has been placed, the Customer will be informed by email or telephone using the contact details provided on the order form.
The Customer may be offered a similar Product at an identical price.
If the Customer refuses the replacement product, the order will be cancelled and the price paid will be refunded.
If the Customer's bank account has been debited, the Customer will be reimbursed by check or bank transfer within a maximum of 14 days.
4.2. The Site cannot guarantee the restocking of the Products sold and is only responsible for it to the extent of its possibilities or the possibilities of the manufacturer.
5. PROVISION – DELIVERY – TRANSFER OF RISKS
The Site ensures delivery to mainland France, excluding Corsica.
When placing the order, the Customer will have the option to choose:
- Picking up your order from a store MOBILIER DE France
- Delivery of your order to the address of your choice, in the room of your choice
- Delivery of your order to the address of your choice, at the foot of the building
The cost of delivery will be indicated to the Customer before validation of the order.
Any specific request or other services related to delivery – and not included in the price – must be subject to a prior quote.
The Site undertakes to deliver or make the Product(s) ordered available to the Customer (if the latter has opted for in-store collection) at the latest on the delivery date or time agreed on the order form.
If the Customer has opted to collect their order in store MOBILIER DE FRANCE , he will be informed by email or telephone of the availability of his order, which will be delivered to him by appointment, upon presentation of proof of identity accompanied by a copy of the order form.
If the Customer has opted for delivery to their home, the Product(s) will be delivered to the address indicated by the Customer, in the room of their choice.
However, if due to the cramped conditions of the premises or the means of access, not specified when ordering, the Product cannot be delivered to the room chosen by the Customer, the Product will then be delivered to the threshold of the Customer's home. The Customer will be personally responsible for the transport and assembly of the Product in his home, or after acceptance of a quote, will bear the additional cost related to the difficulties encountered from the threshold of the home to the interior (rental of lifts, delivery by cradle, etc.).
If the Customer has opted for delivery to the foot of the building, the Product(s) will be delivered to the address indicated when placing the order. The Customer will be responsible for delivering the Product(s) to their home.
Access difficulties or the impossibility of delivering cannot be attributed to the seller, nor justify the cancellation of the order.
In the event of non-compliance with the delivery deadline by the Seller, the Customer may terminate the contract by complying with the following procedure (provided for by law):
- initially, the Customer must send the Site a formal notice in writing to deliver the Product within a reasonable additional period;
- secondly, if the Site has not delivered the Product within this additional period, the Customer may inform the Site, in writing, of the termination of the sales contract.
The contract will be terminated upon receipt by the Seller of the letter or written document informing it of this termination, unless delivery has taken place in the meantime.
The amounts already paid will then be returned to the Customer, without duplication, within 14 days of termination of the contract. The above provisions are not applicable in the event of force majeure or unforeseeable circumstances.
The Customer is required to provide the Site with all information necessary for delivery of the Product. The Site excludes all liability in the event of an error or inaccuracy in the delivery address.
If the Customer has opted for delivery, the Product(s) will be delivered to the address indicated by the Customer, in the room of their choice. However, if due to the cramped nature of the premises or the means of access, not specified when ordering, the Product cannot be delivered to the room chosen by the Customer, the Product will then be delivered to the threshold of the Customer's home. The Customer will be personally responsible for the transport and assembly of the Product in their home, or after acceptance of a quote, will bear the additional cost related to difficulties encountered from the threshold of the home to the interior (rental of lifts, delivery by cradle, etc.).
If delivery is not possible, the Product will be made available to the Customer at the store and the invoice will become immediately due.
Access difficulties or the impossibility of delivering cannot be attributed to the seller, nor justify the cancellation of the order.
We particularly draw the Customer's attention to the fact that our obligations (delivery, installation, collection of furniture, etc.) in relation to orders placed may be suspended to comply with the recommendations of health and government organizations (e.g. Covid-19), without this engaging our liability and without the possibility for the Customer to cancel current orders.
Any risk of loss or damage to the Product(s) is/are transferred to the Customer at the time the latter or a third party designated by the latter takes physical possession of these goods.
6. SHOPPING
The Customer may request a postponement of the delivery date. In this case, the goods will be stored at the Site's expense for one month from the delivery date specified on the order form.
After this period, and after formal notice to take delivery of the goods has remained unsuccessful for 7 days, the Site may invoice the Customer for storage costs based on the rate communicated to it in the formal notice, or place the goods in storage at the Customer's expense and risk.
7. CLAIMS
The Customer or his agent is required to check the Product at the time of delivery and, in the event of apparent damage, to mention on the delivery slip any reservations he intends to make regarding the condition of the Product received, any general reservation of the type "subject to unpacking, packaging intact" having no value.
The Customer must make any reservations, precise and detailed, on the delivery slip given to the delivery person.
In the event of transport damage or loss, the Customer must confirm his reservations within 3 days, excluding public holidays, by registered letter with acknowledgment of receipt or bailiff's writ addressed to the carrier (to the address indicated on the delivery note), with a copy to the Seller. This period is extended to 10 days, when the consumer personally takes delivery of the goods and when the carrier does not provide proof of having given him the opportunity to actually check their good condition (article L 133-3 of the Commercial Code and L 224-65 of the Consumer Code).
The Customer may not invoke against the Site an apparent lack of conformity of the Product or a defect that he knew or could not ignore when he acquired the Product.
8. PRICE
The prices of the Products are indicated on the Site in euros, all taxes included, including eco-participation, packaging included excluding participation in delivery costs.
The prices appearing on the Site may be modified at any time but the Product will be invoiced to the Customer on the basis of the price in effect at the time of validation of the order.
9. PAYMENT
Payment for Products on the Site must be made by credit card at the time the order is placed. The order will be validated after actual payment by the Customer.
Any other payment method must be subject to a specific request from the Customer by email and agreement from the Site, which may lead to a modification of delivery times.
Payment methods offered:
- Cash payment by bank card
- Payment in 4X by credit card with our partner FLOA:
Our financial partner FLOA offers payment solutions for your purchases of goods and/or services, in 4 installments by credit card. These payment solutions are reserved for individuals (adult individuals) residing in France, holders of a Visa or MasterCard bank card with an expiry date corresponding to the repayment period. FLOA, RCS Bordeaux 434 130 423, whose registered office is located at Immeuble G7 – 71 Rue Lucien Faure in Bordeaux (33300) subject to the control of the Prudential Control and Resolution Authority (ACPR) 4 Place de Budapest, CS 92459, 75436 PARIS CEDEX 09 and registered with ORIAS under number 07 028 160 (www.orias.fr)
FLOA reserves the right to accept or reject your financing request; you have a legal withdrawal period of 14 days. To learn more, click here .
Please note that if you request to pay for your order of goods and/or services using these payment solutions, your personal data will be transmitted to FLOA for the purpose of reviewing your financing request, managing your credit agreement and, where applicable, recovery. For more information, click here .
10. RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the Customer has a period of 14 days from the moment the Customer or his agent physically took possession of the Product to exercise his right of withdrawal without having to justify reasons or pay penalties. In the event of an order for Product(s) manufactured according to the consumer's specifications or is clearly personalized, the Customer will not benefit from any right of withdrawal (article L 221-28 of the Consumer Code).
The Customer may exercise his right of withdrawal by sending the attached slip or a registered letter to the Site, before the expiry of the 14-day period, to: GROUPEMENT MOBILIER DE FRANCE , Internet Sales, 8/10 rue Séjourné 94000 CRETEIL.
The Customer must return the Product(s) to the Seller, at the address communicated to him by the Seller, at the latest within fourteen days following the communication of his decision to withdraw, in its original and complete condition allowing its resale as new, accompanied by a copy of the purchase invoice.
Products in poor condition, stained or incomplete will not be accepted.
In the event of exercising the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the shipping costs will be reimbursed to the Customer, with the return costs remaining the responsibility of the Customer.
The Customer will be reimbursed no later than 14 days from the day the Site is informed of the Customer's decision to withdraw. The reimbursement will be made by check or bank transfer.
The Site may defer reimbursement until the Site has received the Product or until the Customer has provided proof of shipment of the Product, whichever is the earliest.
11. LEGAL GUARANTEES
The Customer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the Customer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
When the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal warranty is applicable to this digital content or this digital service throughout the period of supply provided. During this period, the Customer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date on which it appeared.
The legal guarantee of conformity entails an obligation for the seller, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives the Customer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience for them.
If the goods are repaired under the legal guarantee of conformity, the Customer benefits from a six-month extension of the initial guarantee.
If the Customer requests the repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The Customer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund upon return of the goods, if:
1° The seller refuses to repair or replace the goods;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the goods causes a major inconvenience for the Customer, in particular when the Customer definitively bears the costs of recovery or removal of the non-compliant goods, or if he bears the costs of installation of the repaired or replacement goods;
4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The Customer is also entitled to a reduction in the price of the goods or to termination of the contract when the lack of conformity is so serious that it justifies immediate price reduction or termination of the contract. The Customer is then not required to request the repair or replacement of the goods beforehand.
The Customer is not entitled to cancel the sale if the lack of conformity is minor.
Any period of immobilization of the property for the purpose of repair or replacement suspends the warranty which remained to run until delivery of the repaired property.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the consumer code .
A seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover ( Article L. 241-5 of the Consumer Code ).
The Customer also benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the Civil Code , for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund upon return of the good.
The seller will inform the Customer of the practical arrangements for returning the goods if they cannot be brought into conformity at the place where they are located. If the goods can be returned by post, without incurring costs for the Customer that are disproportionate to their value, the Customer may be asked to send the goods to the seller by this means.
The legal guarantees are due by the seller - whose identification and contact details are indicated in the header of these general conditions of sale and on the order form - to whom it will be necessary to contact in writing to implement the guarantees.
The Client's attention is particularly drawn to the following points:
- Our furniture is not intended for professional or collective use (unless otherwise indicated on the order form); it must be used for the purpose for which it was designed and in normal atmospheric conditions (normal humidity and temperature);
- Be sure to respect the load or weight limits indicated;
- Leather is a natural material that relaxes and “bags” with use
- Excessive exposure to natural light (sun, moon) can cause discoloration;
- It is advisable to regularly maintain your furniture and seats with suitable products (sweating, natural body perspiration and seborrhea can damage your seats).
12. SPARE PARTS
The Customer is informed that the spare parts essential for the use of the goods will be available within one year of delivery.
13. RETURNS
No Product may be returned to the Seller without prior information and in compliance with its reshipping instructions.
14. RETENTION OF TITLE CLAUSE
The Site reserves the right of ownership of the Products delivered until full payment of the Products.
To claim to benefit from this clause, the Site will simply have to make known its formal wish to have the Products returned to it by a simple registered letter with acknowledgment of receipt addressed to the Customer.
The sale will be automatically cancelled and the deposits already paid will remain acquired by the Site.
It is nevertheless expressly specified that unless the warranty clause provided for in Article 11 above is applied, the Customer will be responsible for the Products placed in his hands from the moment they are physically handed over, the transfer of possession entailing the transfer of risks.
The Customer must therefore take all measures and, where appropriate, all insurance to cover the possible destruction, partial or total, of the Products, whatever the origin.
15. SECURITY
The Site is subject to a security system that uses the SSL (Secure Socket Layer) security protocol to encrypt the Customer's banking information. Any unpaid amount due to fraudulent use of a bank card will result in the registration of the details relating to the order in the payment incident file.
In an effort to limit fraud, the Site may request from the Customer all supporting documents necessary to fulfill the order (identity documents, proof of address, etc.). These requests will be made by email or telephone. Refusal by the Customer to provide these documents will result in the cancellation of the order.
The time taken to transmit the requested documents to the Site may delay the delivery of the ordered Product.
16. CUSTOMER SERVICE
For any information or question relating to a Product before ordering or any question relating to the execution of an order or the guarantee, Customer Service is available to the Customer:
- by telephone: 01 79 84 17 95
- by email: infoweb@mobilier-de-france.com
- by post to the following address for any complaints or requests for information: GROUPEMENT MOBILIER DE FRANCE , Internet Sales, 8/10 rue Séjourné, 94044 CRETEIL Cedex
17. PASSWORD MANAGEMENT
The Customer will be provided with a password to access their Customer account. This password is personal and confidential. The Customer is solely responsible for the use and confidentiality of this password. The Site disclaims all liability in the event of fraudulent use of this password.
18. INTELLECTUAL PROPERTY
All texts, comments, works, illustrations, works and images reproduced or represented on the Site are protected by copyright and intellectual property law worldwide. Any reproduction or representation, in whole or in part, of the Site or of all or part of the elements found on the Site.
19. ENVIRONMENT/WASTE TREATMENT
If the Customer so wishes, when purchasing the Product on the Site, they may drop off their old product at a recycling center or a local collection point set up by local authorities or donate it to a social association. In accordance with the law, if you request it when ordering, we will take back your old used furniture (within the limit of the quantity and type of product [equivalent nature and dimensions] that is replaced).
The recovery will take place:
- in store if you collect your order yourself (you are responsible for returning your devices/furniture)
- at home when you have opted for delivery of your goods.
The Site is registered in the National Register of Furniture Marketers under number FR019050_10DE3A. This number guarantees that your Seller Store, by adhering to eco-mobilier, complies with the regulatory obligations incumbent upon it pursuant to Article L 541-10-1, 10° of the Environmental Code.
20. APPLICABLE LAW/PROCESSING OF CLAIMS
This contract is subject to French law.
In the event of a dispute, the parties will endeavor to settle their dispute amicably.
If he can prove that he has previously attempted to resolve the dispute directly with the Seller by means of a written complaint which has remained unsuccessful, the Customer may, in accordance with Articles L 612-1 et seq. of the Consumer Code, have recourse free of charge to the Consumer Mediator with a view to resolving the dispute amicably, by writing to AME CONSO (Association of European Mediators), 11 Place Dauphine 75001 PARIS or www.mediationconso-ame.com
21. DATA PROTECTION AND FREEDOM / COOKIES
The data relating to the Customer's order collected during the first order are subject to automated processing of personal data by the GROUPEMENT Company MOBILIER DE FRANCE , whose contact details appear in the preamble to these general terms and conditions of sale, data controller.
This processing of personal data has the following purposes:
- management and monitoring of Customer orders, monitoring of deliveries and invoicing, monitoring of Customer relations, including for the implementation of the guarantee, carrying out studies, surveys and product tests, the fight against payment fraud
- and if the Customer has consented, loyalty and commercial prospecting actions (sending targeted products, information on promotions, organization of games, newsletters, etc.)
The legal bases for processing are the execution of the sales contract for the data necessary for the execution of the order and the Customer's consent for the sending of commercial information.
Personal data may be transmitted to service providers as part of order fulfillment. If the Customer has consented, the data may also be transferred to the seller's partners, who may then send the Customer commercial offers.
However, the Client may object, free of charge and at any time, to any commercial prospecting, receipt of information or newsletters and/or any transfer of data concerning him/her by writing to the following address: GROUPEMENT MOBILIER DE FRANCE , Internet Sales, 8/10 rue Séjourné, 94044 CRETEIL Cedex or at infoweb@mobilier-de-france.com
The data collected are: last name, first name, postal address, email address, telephone number, IP address.
The mandatory or optional nature of the data is indicated to the Customer upon collection by an asterisk. Some data is mandatory because it is necessary for order management. Failure to respond may result in cancellation of the order. The data will be hosted in countries that are members of the European Union or have a sufficient and appropriate level of protection.
The data will be kept for the duration necessary to manage the commercial relationship.
The Client has the right to access, rectify, limit, oppose, erase and transfer (if applicable) personal data concerning him/her under the conditions set out by the laws and regulations in force in France. The Client may also transmit his/her post-mortem instructions.
To exercise their rights, the Customer must write by email to infoweb@mobilier-de-france.com, stating their first and last name and presenting their request. In accordance with current regulations, the Customer's request must be accompanied by a scanned identity document bearing their signature and specify the address to which the response should be sent. A response will then be sent to you within one (1) month, possibly extended by two (2) months following receipt of the request.
The Client may contact the French Data Protection Authority (CNIL) in the event of a complaint on its website www.cnil.fr or by post at 3 place de Fontenoy, 75334 Paris Cedex 07.
The Customer also has the option of registering on the telephone canvassing opt-out list at www.bloctel.gouv.fr or by mail to Wordline – Service Bloctel – CS 61311 – 41013 BLOIS Cédex.
COOKIES
WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of:
GROUP MOBILIER DE FRANCE
Internet Sales
8/10 rue Séjourné
94044 CRETEIL Cedex
infoweb@mobilier-de-france.com
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if this form is notified on paper):
Date :
(*) Delete as appropriate.