TERMS AND CONDITIONS OF SALE

Between   :

1 ° The company BERTRAND PRESTIGE, limited liability company to sole partner capital of 50,000 euros whose registered office is 1 Rue Beaujon and 14 Avenue Friedland 75008 PARIS registered at the RCS of Paris under the number 513 415 927

Represented by Mr Laurent TAIEB as Manager , duly authorized for the purposes hereof,

Hereinafter the “Seller

Firstly,

And

2 ° Any natural person acting exclusively in the strict framework of his personal needs, who consults the website shop.bertrandprestige.com (hereinafter, the “Site”) and / or makes a purchase from BERTRAND PRESTIGE (hereinafter referred to as the User or the Customer or the Buyer ).

Preamble

The company BERTRAND PRESTIGE, one associated liability company with a capital of 50000 euros whose head office is 1 rue Beaujon and 14 avenue Friedland 75008 PARIS registered in the Paris Trade and Companies Register under number 513   415   927 is engaged in the commercialization of furniture and object upscale decor.

The Seller ensures the marketing of products through the site www.shop.bertrandprestige.com

The customer service of the seller is reachable by phone at number +33 1 53 76 42 42  , by mail at the following address shop@bertrandprestige.com

The Parties agree that their relations will be governed exclusively by these terms and conditions of sale, excluding any conditions previously available on the Seller’s website.

The Seller reserves the right to modify at any time these terms and conditions of sale by publishing a new version on the Site. The general conditions of sale are those in force on the date of validation of the order.

The Parties agree that the photos of the Goods for sale on the website www.shop.bertrandprestige .com have no contractual value

Article 1 – Definitions 

The terms and expressions referred to below mean, when preceded by a capital letter, for the purposes of the interpretation and execution of this Agreement.   :

” Article or Product “   : the Goods which have been the subject of the Order   ;

” Good “   : any product offered for sale on the Site   ;

” Order “   : Goods request made by the Customer to the Seller   ;

” General Conditions of Sale “   : the general conditions of sale which are the object of the present   ;

” Contract “   : this act, including its preamble and annexes, as well as any amendment, substitution, extension or renewal made herein under the Convention of the Parties   ;

” Delivery Time “   : period between the date of Validation of the Order and the date of the Delivery of the Order to the Customer   ;

” Shipping cost “   : cost of the costs incurred by the Seller to deliver the Order to the Customer-specified delivery address   ;

” Delivery “   : Shipping the Item to the Customer   ;

” Delivery Mode “   : means any standard or express delivery method available on the Site at the time of the Order   ;

” Price “   : the unit value of a good; this value includes all taxes and delivery costs   ;

” Site “   : Sale site Online www.shop.bertrandprestige .com used by the Seller for the marketing of its goods ;

” Territory “   : has the meaning given to this term in Article 3   ;

” Validation of the Order “   : has the meaning given to Article 7   ;

” Online Sales “   : Marketing of Seller’s Goods and Services via the Site   ;

References to Articles are references to the articles of this Agreement, unless otherwise stated.

Any reference to the singular includes the plural and vice versa.

Any reference to a genre includes the other gender.

Article 2 – Object

These Terms and Conditions of Sale (hereinafter “GTC”) are intended, first, to inform any User on the terms and conditions under which the Seller (hereinafter ” BERTRAND PRESTIGE ” or “the Seller”) ) proceeds to the sale and delivery of the ordered products and, secondly, to define the rights and obligations of the Parties in the context of the sale of products by BERTRAND PRESTIGE to the User. They apply, without restriction or reservation, to all sales of products offered by BERTRAND PRESTIGE on its Accessible Website: through the Internet at www.shop.bertrandprestige.com .

Consequently, the fact for the Buyer to order a product offered for sale on the BERTRAND PRESTIGE Website implies full acceptance of these Terms and Conditions of Sale, which the Buyer acknowledges having read prior to its Order.

BERTRAND PRESTIGE reserves the right to modify at any time these Terms and Conditions of Sale. Nevertheless, the General Conditions of Sale applicable to the Order are those accepted by the Buyer at the time of placing the Order.

Article 3 – Scope

These General Terms and Conditions of Sale are reserved for consumers only as defined by law and case law, acting exclusively for their own account and domiciled in metropolitan France.

Article 4 – Entry into force and Duration

These general conditions of sale are deemed accepted by the Customer at the time of validation by double click of the order and apply for the duration necessary for the supply of the Products until the extinction of the guarantees

The offers of sale appearing on the Site, governed by these general conditions of sale, are valid for any Product as long as it remains online.

Article 5 – Product features

In accordance with Article L111-1 of the Consumer Code, the Seller undertakes to transmit and ensure the essential characteristics of the articles offered in particular concerning the material, the weight, the size and the color mentioned on the product description.

In addition, the Customer receives the information provided for in Articles L.   121-8 and L.   121-19 of the Consumer Code , before and after the conclusion of the sale and in particular by means of these General Terms and Conditions of Sale.

Article 6 – Prices

The selling prices of products online on the BERTRAND PRESTIGE Website , indicated in euros, are those in force at the time of placing the Order by the User. The selling prices of the products can be modified by BERTRAND PRESTIGE at any time. This modification will be notified to the User before any Order. The prices are applicable in the context of distance selling.

These prices do not include shipping costs, charged in addition to the price of products purchased. The shipping costs will be indicated before the registration of the Order by the Buyer.

Prices do not include VAT which is applied when placing the order and will appear on the order invoice.

Any change in the applicable VAT rate will automatically be reflected in the price of products sold by BERTRAND PRESTIGE within its Site. 

Article 7 – Orders

7 .1. Placing the order

As a preliminary point, it is recalled that to validly order the customer must   :

– be at least 18 years of age and have the necessary legal capacity or hold a parental authorization to pass and honor any order and be able to justify at any time, on our simple request;

The Customer has the opportunity to place his order from the catalog of products available on the site.

The Customer orders the Product (s) of his choice by clicking on “   Add to Cart   “.

If the Product is not immediately available, the Site indicates the estimated date of availability of the Product.

Once the Product has been added, the Customer can either continue his purchases or check his orders by clicking on “   Checkout   “.

At any time, the Customer may   :

   Check Products in the cart   : quantity, amount and detailed information on each of them by clicking on the icon «   My cart   

   Modify or cancel the order of one or more Products on the basket summary page,

   Continue product selection ,

   Confirm your order by clicking on the icon “Place an order”  On the shopping cart page displayed after the validation of the addition during the product sheet.

7 .2. Confirmation of the order

After having read the Products subject of the order on the basket summary page, the Customer can not validate his order and go to the next step without reading the general conditions of sale and personal data which he attests by checking the box provided for this purpose.

7 .3. Customer Identification

If he does not already have an account, the Customer must accurately fill in the fields marked with an asterisk as mandatory to validate his order and if necessary to create an account . He must indicate the information necessary for his identification, including a valid email address. A password will be randomly generated (which will be personal and confidential) and will be used later to identify himself on the Site.

The Customer is responsible for the choice and retention of his identifiers and must ensure their confidentiality BERTRAND PRESTIGE can not in any case be held responsible for any usurpations of identifiers and connections to customer accounts by third parties. The supply of personal information collected in connection with distance selling is mandatory, this information being necessary for the processing and delivery of orders and for the preparation of invoices. This information is strictly confidential.

Article 8 – Payment

The price is payable in cash, in full on the day of the placing of the order by the Buyer.

The price due by the Customer is the amount indicated on the summary order form which the Customer has read before definitively validating his order. The price is then recalled at the end of the payment in the summary document sent by e-mail to the Customer’s e-mail address by BERTRAND PRESTIGE .

Payment for purchases is made by means of a payment card .

Payment cards accepted to date are: CB, Visa, MasterCard and American Express , JCB and paylib .

To validate the payment, the buyer will be redirected to the payment platform Payzen, an online secure payment platform reserved for e-retailers who signed a VADS contract from banks.

It is the Customer’s responsibility to record and print his payment certificate if he wishes to keep his bank details and relating to his transaction.

For payment by credit card, payment terms are as follows   :

The transaction is immediately charged to the Customer’s credit card after verifying the Customer’s data, upon receipt of the debit authorization from the company issuing the credit card used by the Customer.

In accordance with Article L.   132-2 of the Monetary and Financial Code , the commitment to pay given by means of a payment card is irrevocable. By providing the information relating to his credit card, the Customer authorizes the Seller to debit his credit card the amount corresponding to the All Inclusive Price.

For this purpose, the Customer confirms that he is the holder of the bank card to be debited and that the name on the credit card is actually his. The Customer communicates on the PayZen platform the sixteen digits and the expiry date of his credit card and, if applicable, the numbers of the visual cryptogram.

In the event that the debit of the All-inclusive price is impossible, the Online Sale will immediately be automatically canceled and the Order will be canceled.

The Seller implements all means to ensure the confidentiality and security of the data transmitted on the Site www.shop.bertrandprestige.com .

Article 9 – Security

The website www.shop.bertrandprestige.com is the subject of one of the most effective security systems. It has not only adopted the SSL (Secure Socket Layer) encryption method but has also strengthened all the scrambling and encryption processes in order to most effectively protect all sensitive data related to the means of payment.

Article 10 – Delivery of the Order

10 .1- Amount of Delivery Costs

The amount of the Delivery Costs depends on the amount of the Order and the method of delivery chosen by the Customer. In any case, the amount of the Delivery Costs is indicated to the Customer before the Validation of the Order.

10 .2. – Delivery delay

Deliveries can only be made to French territory outside DOM-TOM, the European Union and Switzerland from Monday to Friday.

Deliveries are made by Chronopost. For customers domiciled in Ile-de-France, a pickup service is offered for free at the showroom located at 14 avenue Friedland 75008 PARIS from Monday to Friday from 10 am to 7 pm, Saturday from 11 am to 7 pm. A Coursier service is also available for shipping addresses in the Paris area. This option will only be valid if the order has been placed before 12PM (12h00) Paris Time (UTC +2). 

Any withdrawal of merchandise is subject to the presentation of the purchase order and a valid identity document in the name of the person on the order form. A third party may proceed with the withdrawal on presentation of the order, its identification and the original or copy of the identity document of the person who placed control as well as an established proxy.

Delivery Times are available on the Site and may vary depending on the availability of the Goods that have been the subject of the Order.

Delivery times are in working days and correspond to the average time of preparation and delivery of the Order on the Territory for products in stock.

Delivery Times run from the Seller’s Confirmation of Order date.

The Seller undertakes to make best efforts to deliver the products ordered by the Buyer within the time specified above. However, these deadlines are provided for information purposes and any overrun may not give rise to any damages and interest, withholding or cancellation of the order by the Buyer. However, if the products ordered have not been delivered within 15 days after the indicative date of delivery, for any reason other than force majeure, the sale may be solved at the written request of the Buyer or the Vendor. The sums paid by the Buyer will be returned to him without delay, to the exclusion of any compensation or retention.

The Customer is solely responsible for the non-performance or the bad execution of the contract due to a lack of indication during the Order (wrong or incomplete address, error on the name …).

10 .3. Delivery Tracking

Customers will be able to track the progress of processing the order in the space provided on the Site and by email.

10 .4. Verification of the Order upon arrival

The Customer is required to check the condition of the packaging as well as the items during the Delivery.

It is the Customer’s responsibility to issue the reservations and claims that he deems necessary, or even to refuse the parcel, when the parcel is obviously damaged upon delivery. Said reservations and complaints must be sent to the carrier by registered letter with acknowledgment of receipt within three working days, not including public holidays, following the date of delivery of the Goods. The Customer must also send a copy of this letter to the Seller. Failure to make a claim within the aforementioned period shall extinguish any action against the carrier in accordance with Article L.   133-3 of the French Commercial Code .

The Customer must ensure that the Goods delivered to him correspond to the Order. In case of nonconformity of goods in kind or quality to the specifications mentioned in the delivery order, the Customer must inform the Seller by e-mail and return the Goods to the address indicated in the conditions of Article 8.

Article 11 – Right to retract

In accordance with Article L. 121-20 of the French Consumer Code as amended by the March 17, 2014 reform, the Customer has a period of 14 (fourteen) days from the date of receipt of the products ordered to exercise his legal right of withdrawal. When the 14-day period expires on a Saturday, Sunday, public holiday or non-working day, it is extended until the next business day. It is specified that in case of an order concerning several products, the period of exercise of the right of retraction runs next to the receipt of the last product ordered.

The Customer wishing to exercise his right of withdrawal must inform the Seller of his desire to retract by sending him, before the expiry of the period of 14 days referred to above, any declaration, without ambiguity, expressing his desire to retract.

In accordance with Article L. 121-21-3.- of the French Consumer Code as amended by the reform of March 17, 2014, the Customer returns or returns to the Seller, without undue delay and, at the latest, in the fourteen days after the communication of its decision to retract the Articles within the aforementioned period, in their original packaging, complete, new.

The costs related to the return of items are the responsibility of the Customer.

The Seller will refund the products included delivery costs upon receipt of returned products.

The refund will be made via the platform PayZen .

Article 12 – Claims

The Customer must send any complaints to BERTRAND PRESTIGE, 14 avenue Friedland 75008 PARIS, by post or e-mail at shop@bertrandprestige.com , recalling the reference and the date of the Order.

Only complaints relating to the online sale of items will be taken into account.

Article 13 – Guarantee

The Seller is subject to the conditions of legal guarantees provided for in Articles L.   211-4, L.   211-5 and L.   211-12 of the Consumer Code and articles   1641 and 1648 of the Civil Code . In accordance with the legal provisions these articles of law are reproduced below   :

Article L. 211-4 of the Consumer Code  

The seller is required to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility.

Article L. 211-5 of the Consumer Code  

To be in conformity with the contract, the property must:

1º Be fit for the usual use of a similar good and, where appropriate:

– correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or a model;

– present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2 ° Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.

Article L. 211-12 of the Consumer Code  

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article 1641 of the Civil Code

The seller is bound by the guarantee by reason of the hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which diminish the use so much, that the buyer would not have acquired it, or not would have given a lower price, had he known them. 

Article 1648 paragraph 1 of the Civil Code  

The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect.

Article 14 – Intellectual property rights

All the elements of the Site, whether visual or sound, including its structure and its contents, as well as the databases and the technology (software) composing it or allowing its operation and / or its use, are the exclusive property BERTRAND PRESTIGE or third party authorized aving BERTRAND PRESTIGE exploit and benefit from the protection of the Code of intellectual property.

Any total or partial reproduction of the site for other purposes is expressly prohibited by articles L. 342-1 and L. 342-2 of the French Intellectual Property Code. Also prohibited is the communication to the public of all or part of the content of the site, in any form and intended for any public whatsoever.

In particular, the use for commercial purposes of the content of this site is expressly prohibited.

Consequently, it is notably forbidden to copy, modify or create a derivative work from the Site or any of these elements as well as to carry out reverse engineering operations in order to find and / or copy the source codes of software (except as provided by law); it is also forbidden to sell, assign, sublicense or transfer in any way to third parties any right relating to the software component of the Site or allowing its operation and / or use.

Similarly, it is also forbidden to modify these programs or to use modified versions of them and in particular (without this enumeration being exhaustive) in order to obtain unauthorized access to the service and to access the Site by other means than the interface that is provided to the User by the Seller for this purpose.

Article 15 – Data Privacy

In accordance with the law relating to data, files and freedoms of January 6, 1978, the personal information relating to customers may be subject to automated processing.

BERTRAND PRESTIGE reserves the right to collect information about Customers including by using cookies, for statistical analysis, in no case these data will be transmitted to third parties.

Customers have the right to access and correct data concerning them, in accordance with the law of January 6, 1978.

On the occasion of the creation of his account on the Site, the Customer will have the opportunity to choose if he wishes to receive offers from the Seller and its partners.

This site has been subject to authorization from the CNIL under number n e being awarded.

Article 16 – Applicable law

This Agreement will be governed by French law.

Article 17 – Attribution of jurisdiction

Any dispute resulting from the formation, interpretation or execution of this Agreement will be the exclusive jurisdiction of the courts in the jurisdiction of Paris notwithstanding plurality of defendants or warranty claim.

Made in Paris

The 20/05/2019

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