GENERAL TERMS AND CONDITIONS OF SALE

 Terms and Conditions of Sale

Preamble

 These general terms and conditions of sale apply to all sales concluded on the website www.1001-housses.com

The website www.1001-housses.com is a service of:

• The sole proprietorship RIEHL
• located at 1512 chemin de stramousse 06530 Cabris, France
• website URL: www.1001-housses.com
• e-mail: contact.1001housses@gmail.com

The website 1001 Housses sells the following products: Covers for various objects or furniture.

The customer declares to have read and accepted the general terms and conditions of sale prior to placing their order. The validation of the order therefore constitutes acceptance of the general terms and conditions of sale.

Article 1 - Principles

These general conditions express the entirety of the parties' obligations. In this sense, the buyer is deemed to accept them without reservation.

These general terms and conditions of sale apply to the exclusion of all other conditions, including those applicable to in-store sales or through other distribution and marketing channels.

They are accessible on the 1001 Housses website and will prevail, if necessary, over any other version or any other contradictory document.

The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.

If a sales condition is missing, it will be considered to be governed by the practices in force in the distance selling sector for companies headquartered in France.

 Article 2 - Content

The purpose of these general conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer, from the 1001 Housses website.

These conditions only concern purchases made on the 1001 Housses website and delivered exclusively in mainland France or Corsica. For any delivery to French overseas departments and territories or abroad, a message should be sent to the following e-mail address: contact.1001housses@gmail.com.

These purchases concern the following products: Covers for various objects and furniture.

Article 3 - Pre-contractual information

The buyer acknowledges having been provided, prior to placing their order and concluding the contract, in a clear and understandable manner, with these general terms and conditions of sale and all the information listed in Article L. 221-5 of the Consumer Code.

The following information is provided to the buyer in a clear and understandable manner:

- the essential characteristics of the good;

- the price of the good and/or the method of calculating the price;

- if applicable, all additional transport, delivery or postage costs and all other possible incidental costs;

- in the absence of immediate performance of the contract, the date or period within which the seller undertakes to deliver the good, regardless of its price;

- information relating to the identity of the seller, their postal, telephone and/or electronic contact details, and their activities, those relating to legal guarantees, the functionalities of the digital content and, if applicable, its interoperability, the existence and methods of implementing guarantees and other contractual conditions.

Article 4 - The order

The buyer has the possibility to place their order online, from the online catalog and using the form provided there, for any product, within the limits of available stock.

The buyer will be informed of any unavailability of the ordered product or good.

For the order to be validated, the buyer must accept, by clicking in the indicated place, these general conditions. They must also choose the delivery address and method, and finally validate the payment method.

The sale will be considered final:

- after the seller has sent the buyer confirmation of acceptance of the order by e-mail;

- and after the seller has collected the full price.

Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be dealt with within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, particularly non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

For any question relating to the tracking of an order, the buyer can send an email to the seller at the following email address: contact.1001housses@gmail.com

Article 5 - Electronic signature

The online provision of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement:

-  eligibility of amounts due under the purchase order;

-  signature and express acceptance of all operations performed.

In the event of fraudulent use of the credit card, the buyer is invited, as soon as this use is noted, to contact the seller at the following email address: contact.1001housses@gmail.com

Article 6 - Order confirmation

The seller provides the buyer with an order confirmation, by electronic mail.

Article 7 - Proof of the transaction

The computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.

Article 8 - Product information

The products governed by these general conditions are those listed on the seller's website and which are indicated as sold and shipped by the seller. They are offered within the limits of available stock.

The products are described and presented with the greatest possible accuracy.

Article 9 - Price

The seller reserves the right to modify its prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to availability at that date.

Prices are indicated in euros. They do not include delivery costs, which are charged extra and indicated before the order is validated. Prices are exclusive of VAT because VAT is not collected by the sole proprietorship RIEHL (art 293b of the CGI).

If one or more taxes or contributions, particularly environmental ones, are created or modified, whether upwards or downwards, this change may be reflected in the selling price of the products.

Article 10 - Payment method

This is an order with an obligation to pay, which means that placing the order implies payment by the buyer.

To pay for their order, the buyer has the choice of all payment methods made available by the seller and listed on the seller's website. The buyer guarantees to the seller that they have the necessary authorizations to use the payment method chosen by them, when validating the purchase order. The seller reserves the right to suspend any order processing and any delivery in the event of refusal of payment authorization by credit card from officially accredited organizations or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not paid a previous order in full or in part or with whom a payment dispute is ongoing.

Payment of the price is made in full on the day of the order, according to the following terms:

- credit card

- paypal

 Article 11 - Product availability - Refund - Resolution

Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the website's home page, shipping times will be as indicated below, within the limits of available stock. Shipping times run from the date the order was registered, as indicated on the order confirmation email.

For deliveries to mainland France and Corsica, the average delivery time is 10 to 15 days from the day after the buyer placed their order, according to the following terms: Private carrier.

For deliveries to French overseas departments and territories or another country, the delivery terms will be specified to the buyer on a case-by-case basis.

In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract, instruct the seller to perform it within a reasonable additional period.

Failing performance at the expiration of this new period, the buyer may freely terminate the contract.

The buyer must carry out these successive formalities by registered letter with acknowledgment of receipt or by writing on another durable medium.

The contract will be considered terminated upon receipt by the seller of the letter or writing informing them of this termination, unless the professional has performed in the meantime.

The buyer may however terminate the contract immediately, if the dates or deadlines mentioned above constitute an essential condition of the contract for them.

In this case, when the contract is terminated, the seller is obliged to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.

In the event of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the option of canceling their order. The buyer will then have the choice of requesting either reimbursement of the sums paid within 14 days at the latest of their payment, or an exchange of the product.

Article 12 - Delivery methods

Delivery means the transfer to the consumer of physical possession or control of the goods. The ordered products are delivered according to the terms and within the deadline specified above.

The products are delivered to the address indicated by the buyer on the purchase order; the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at their request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the purchase order.

If the buyer is absent on the day of delivery, the delivery person will leave a delivery notice in the mailbox, which will allow the package to be collected at the indicated place and time. Or the package will be dropped off at a relay point that the seller will indicate by email.

If at the time of delivery, the original packaging is damaged, torn, opened, we advise the buyer to check the condition of the items. If they have been damaged, the buyer may refuse the package and note a reservation on the delivery slip (package refused because opened or damaged).

The buyer or any other person representing them may indicate on the delivery note, in the form of handwritten reservations accompanied by their signature, any anomaly concerning the delivery (damage, product missing compared to the delivery note, damaged package, broken products, for any problem related to transport...). They have 3 days to report it. This period is extended to 10 days if the carrier does not justify having given the consumer the opportunity to effectively check the good condition of the delivered goods.

The buyer can confirm these reservations to us by email or simple mail to the address indicated in the legal notices of the site.

This timely notification will allow us to facilitate our recourse against the carrier in case of a problem (loss or damage to the package).

Article 13 - Delivery errors

The buyer may submit to the seller any claim for delivery error and/or non-conformity of the products in nature or quality compared to the indications on the purchase order.

The claim may be made, at the buyer's choice:

- by e-mail to the following address: contact.1001housses@gmail.com

In case of delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by simple Colissimo without signature, to the following address: RIEHL 1512 chemin de stramousse, 06530 Cabris.

Return costs are borne by the seller in these cases.

Article 14 - Product Warranty

14-1 Legal conformity guarantee

The seller guarantees the conformity of the goods sold to the contract, allowing the buyer to make a claim under the legal conformity guarantee provided for in articles L. 217-4 et seq. of the Consumer Code.

In the event of implementation of the legal conformity guarantee, it is recalled that:

- the buyer benefits from a period of 2 years from the delivery of the goods to act;

- the buyer can choose between repair or replacement of the goods, subject to the cost conditions provided for in article L. 217-17 of the Consumer Code;

- the buyer does not have to provide proof of the non-conformity of the goods during the 24 months in the case of new goods, following the delivery of the goods.

14-2 Legal warranty against hidden defects

In accordance with articles 1641 et seq. of the Civil Code, the seller is liable for hidden defects that may affect the sold good. It will be up to the buyer to prove that the defects existed at the time of sale of the good and are of a nature to render the good unfit for its intended use. This warranty must be implemented within two years from the discovery of the defect.

The buyer can choose between rescission of the sale or a reduction of the price in accordance with article 1644 of the Civil Code.

 Article 15 - Right of withdrawal

Application of the right of withdrawal

You have the right to withdraw from this contract without giving any reason within fourteen days and you have an additional 14 days to return the product(s).

In accordance with the provisions of the Consumer Code, the withdrawal period expires 14 days after the day on which you, or a third party other than the carrier and designated by you, physically takes possession of the last good or the last item ordered.

In addition, the buyer has these 14 days to return any item that does not suit them and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.

Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing their re-marketing as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete products will not be accepted for return.

The right of withdrawal can be exercised online, using the withdrawal form available in the appendix at the bottom of this page on our website www.1001-housses.com. In this case, an acknowledgment of receipt on a durable medium (by email) will be immediately sent to the buyer. Any other method of declaring withdrawal is accepted on www.1001-housses.com. It must be unambiguous and express the intention to withdraw.

You must notify your decision to withdraw to: RIEHL 1512 chemin de stramousse 06530 CABRIS. Email: contact.1001housses@gmail.com

In the event that the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the delivery costs will be reimbursed without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will proceed with the reimbursement using the same payment method you used for the initial transaction, unless you expressly agree to a different method; in any event, this reimbursement will not incur any costs for you.

You must return the ordered items to us, without undue delay and, in any event, no later than fourteen days after you have communicated your decision to withdraw from this contract. This deadline is considered met if you return the goods before the expiration of the fourteen-day period.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Return costs are borne by the buyer.

The goods must be returned to the following address by any means chosen by the buyer, but allowing official tracking:

RIEHL 1512 chemin de stramousse 06530 CABRIS

The exchange (subject to availability) will be carried out, at the latest, within 14 days from the receipt, by the seller, of the products returned by the buyer under the conditions provided above.

Exceptions 

According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
- for the supply of goods whose price depends on fluctuations in the financial market beyond the professional's control and likely to occur during the withdrawal period;

- for the supply of goods manufactured according to the consumer's specifications or clearly personalized;

- for the supply of goods liable to deteriorate or expire rapidly;
- for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- for the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
- for the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the professional's control;
- for maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by them, within the limits of spare parts and work strictly necessary to respond to the emergency;
- for the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- for the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
- for the supply of digital content not supplied on a tangible medium, the performance of which has begun after the consumer's express prior agreement and express waiver of their right of withdrawal.

Article 16 - Force Majeure

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their cessation.

A case of force majeure is characterized by three criteria: externality to the perpetrator, irresistibility (a truly insurmountable event), and unpredictability. The definition of force majeure remains subject to the sovereign appreciation of the courts.

Shall be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by them, despite all reasonably possible efforts. 

The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the force majeure lasts longer than three months, these general conditions may be terminated by the injured party.

Article 17 - Intellectual Property

The content of the website remains the property of the seller, who is the sole holder of the intellectual property rights to this content.

Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offense.

Article 18 - Data Protection and Liberties

The personal data provided by the buyer is necessary for processing their order and issuing invoices.

It may be communicated to the seller's partners responsible for the execution, processing, management, and payment of orders.

The buyer has a permanent right of access, modification, rectification, and opposition concerning the information about them. This right can be exercised under the conditions and according to the procedures defined on the 1001 Housses website.

Article 19 - Partial Invalidation

If one or more provisions of these general conditions are held to be invalid or declared as such pursuant to a law, regulation, or following a final decision of a competent court, the other provisions will retain their full force and scope.

Article 20 - Non-waiver

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions shall not be interpreted for the future as a waiver of the obligation in question.

Article 21 - Title

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles shall be declared non-existent.

Article 22 - Language of the contract

These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

Article 23 - Mediation and dispute resolution

The buyer may resort to conventional mediation, particularly with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute. 

We adhere to the following mediation company:

CM2C

14 rue Saint Jean

75017 PARIS

www.cm2C.net

In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent extrajudicial resolution of online disputes between consumers and professionals in the European Union. This platform is accessible via the following link: https://webgate.ec.europa.eu/odr/.

Article 24 - Applicable law

These general conditions are subject to French law. Consequently, regarding jurisdictional competence, the buyer may refer the matter to:
· The court of their place of residence;
· The court of the place of delivery of the ordered item(s);
· The court of their place of residence at the time of the conclusion of the contract or the occurrence of the damaging event.

This applies to both substantive and procedural rules. In case of dispute or complaint, the buyer shall first contact the seller to obtain an amicable solution.

Article 25 - Personal Data Protection

Data Collected 

The personal data collected on this site are as follows:

- account opening: when the user creates their account, their name; first name; email address; phone number; postal address; 

- connection: when the user connects to the website, it records, in particular, their name, first name, connection data, usage data, location data and payment-related data;

- profile: the use of the services provided on the website allows the creation of a profile, which may include an address and a phone number;

- payment: for payment for products and services offered on the website, it records financial data relating to the user's bank account or credit card;

- communication: when the website is used to communicate with other members, the user's communication data is temporarily stored;

- cookies: cookies are used when using the site. The user has the option to disable cookies from their browser settings.

Use of personal data 

The personal data collected from users is intended to provide the services of the website, improve them, and maintain a secure environment. More specifically, the uses are as follows:

-  access and use of the website by the user;

-  management of the operation and optimization of the website;

-  organization of the terms of use of Payment Services;

-  verification, identification, and authentication of data transmitted by the user;

-  offering the user the possibility to communicate with other users of the website;

-  implementation of user assistance;

-  personalization of services by displaying advertisements according to the user's browsing history and preferences;

-  prevention and detection of fraud, malware (malicious software), and security incident management;

-  management of any disputes with users;

-  sending commercial and advertising information, according to the user's preferences.

Sharing of personal data with third parties

Personal data may be shared with third-party companies in the following cases:

-  when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has contracts;

-  when the user publishes, in the free comment areas of the website, publicly accessible information;

-  when the user authorizes a third-party website to access their data;

-  when the website uses the services of providers to provide user assistance, advertising, and payment services. These providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in compliance with the provisions of the applicable data protection regulations;

-  if required by law, the website may transmit data to respond to claims made against the website and comply with administrative and judicial procedures;

-  if the website is involved in a merger, acquisition, asset sale, or bankruptcy proceeding, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.

Security and confidentiality

The website implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of transmitting or storing information on the internet.

Implementation of user rights

In application of the applicable regulations on personal data, users have the following rights, which they can exercise by making their request to the following email address: contact.1001housses@gmail.com.

• the right of access: they can exercise their right of access to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity to verify its accuracy. 
• the right of rectification: if the personal data held by the website is inaccurate, they can request that the information be updated.
• the right to erasure of data: users can request the deletion of their personal data, in accordance with applicable data protection laws. 
• the right to restriction of processing: users can ask the website to limit the processing of personal data in accordance with the hypotheses provided by the GDPR. 
• the right to object to data processing: users can object to their data being processed in accordance with the hypotheses provided by the GDPR.  
• the right to data portability: they can request that the website provide them with the personal data provided to it, to transmit it to a new website.
• the right to object to the use of telephone data: users can register on a list to object to telephone solicitation.

Evolution of this clause

The website reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the modification by email, with a minimum notice of 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the option to delete their account.

Appendix: 

Withdrawal Form 

(to be completed by the consumer,

and sent by registered letter with acknowledgment of receipt,

within a maximum period of 14 days following the date of conclusion of the service contract)

Consumer's first and last name: .................

Consumer's address: .................

Date: ..................

Consumer's signature

Appendix:

Consumer Code

Article L. 217-4: “The seller delivers goods that conform to the contract and is liable for any conformity defects existing at the time of delivery.

They are also liable for conformity defects resulting from the packaging, assembly instructions, or installation when the latter was the seller's responsibility under the contract or was carried out under their responsibility.”

Article L. 217-5: “The goods conform to the contract:

1° If they are fit for the purpose usually expected of similar goods and, where applicable:

- if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;

- if they exhibit the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;

2° Or if they have the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, brought to the seller's attention, and which the seller has accepted.”

Article L. 217-6: “The seller is not bound by public statements made by the producer or their representative if it is established that they were unaware of them and could not legitimately have been aware of them.”

Article L. 217-7: “Conformity defects that appear within twenty-four months from the delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller can challenge this presumption if it is incompatible with the nature of the goods or the alleged conformity defect.”

Article L. 217-8: “The buyer is entitled to demand conformity of the goods with the contract. However, they cannot contest conformity by invoking a defect that they knew or could not have been unaware of when they entered into the contract. The same applies when the defect originates from materials they themselves supplied.”

Article L. 217-9: “In the event of a conformity defect, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if that choice entails a manifestly disproportionate cost compared to the other option, taking into account the value of the goods or the importance of the defect. In such a case, the seller is obliged to proceed, unless impossible, according to the option not chosen by the buyer.”

Article L. 217-10: “If repair and replacement of the goods are impossible, the buyer can return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is available to them: 1° If the requested, proposed, or agreed solution under Article L. 217-9 cannot be implemented within one month following the buyer's claim; 2° Or if this solution cannot be implemented without major inconvenience to the buyer, taking into account the nature of the goods and the use they seek. However, the sale cannot be rescinded if the conformity defect is minor.”

Article L. 217-11: The application of the provisions of Articles L. 217-9 and L. 217-10 shall be free of charge for the buyer. These same provisions do not preclude the award of damages.

Article L. 217-12: “The action resulting from a conformity defect is time-barred after two years from the delivery of the goods.”

Article L. 217-13: "The provisions of this section do not deprive the buyer of the right to bring an action for redhibitory defects as provided for in Articles 1641 to 1649 of the Civil Code or any other contractual or extra-contractual action recognized by law."

Article L. 217-14: "Recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the Civil Code."

Article L. 217-15: "Commercial guarantee means any contractual commitment by a professional to the consumer for the reimbursement of the purchase price, the replacement or repair of the goods or the provision of any other service relating to the goods, in addition to their legal obligations to guarantee the conformity of the goods.
The commercial guarantee must be in a written contract, a copy of which is given to the buyer.
The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope, and the name and address of the guarantor.
In addition, it clearly and precisely states that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 and by the guarantee against defects in the sold item, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16, as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code, are fully reproduced in the contract.
In case of non-compliance with these provisions, the guarantee remains valid. The buyer is entitled to invoke it."

Article L. 217-16: “When the buyer requests from the seller, during the commercial guarantee granted to them at the time of acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the remaining guarantee period.

This period runs from the buyer's request for intervention or the availability of the goods for repair, if this availability is subsequent to the request for intervention.”

Civil Code

Article 1641: “The seller is bound by the warranty against hidden defects of the sold item that render it unfit for its intended use, or that diminish this use so significantly that the buyer would not have acquired it, or would have paid a lower price for it, had they known of the defects.”