Terms and conditions
These general terms and conditions of sale (hereinafter referred to as the "General Terms and Conditions") apply to all purchases made by an Internet user (hereinafter referred to as the "CUSTOMER") on the website https://www.design-market.eu/ (hereinafter referred to as the "WEBSITE") from DESIGN MARKET, a simplified joint stock company with a capital of 11,012 euros, registered with the Paris Trade and Companies Registry under number 803 323 252, with its registered office at 59 boulevard Exelmans, 75016 Paris, France. Tel: +33 1 84 13 18 13 , e-mail: [email protected] (hereinafter "DESIGN MARKET").
DESIGN MARKET sells furniture and decorative items via its SITE. The purpose of these General Terms and Conditions is to govern the sale and delivery of PRODUCTS ordered from DESIGN MARKET via the SITE. They can be accessed and printed at any time via a hyperlink on the SITE homepage.
Any order placed on the SITE implies the CUSTOMER's unreserved acceptance of these general terms and conditions of sale.
The terms used below have the following meanings in these General Conditions:
- "CUSTOMER": refers to the co-contractor of DESIGN MARKET, who guarantees to be a consumer as defined by French law and jurisprudence. In this respect, it is expressly stipulated that the CUSTOMER is acting outside of any usual or commercial activity.
- "ORDER": refers to the purchase of PRODUCTS by a CLIENT from DESIGN MARKET.
- "ACCOUNT": refers to all the data provided by the CLIENT, hosted on the SITE. Access to the ACCOUNT is via the CUSTOMER's IDENTIFIERS and allows access to the CUSTOMER's PERSONAL AREA.
- "PERSONAL AREA": refers to the space dedicated to the CUSTOMER associated with his or her ACCOUNT, which allows the CUSTOMER to manage all the ORDERS placed via the SITE.
- "IDENTIFIER": refers to the email address and password chosen by the CUSTOMER, which is required to access his/her ACCOUNT on the SITE.
- "DELIVERY": refers to the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated at the time of the ORDER.
- "PRODUCTS": refers to all the furniture and decorative items marketed by DESIGN MARKET and offered for sale on the SITE. The PRODUCTS may be new or second-hand.
- "SITE": shall designate the Internet site accessible at the following address: https: //www.design-market.eu/
- "TERRITORY": shall designate the entire world, unless otherwise indicated to CUSTOMERS on the SITE at the time of their ORDER.
- "USER": shall designate any person accessing and browsing the SITE, whether a CLIENT or an ordinary Internet user.
These General Terms and Conditions govern the sale of PRODUCTS by DESIGN MARKET to its CLIENTS.
The CUSTOMER is clearly informed and acknowledges that the SITE is intended for consumers and professionals but that these General Terms and Conditions of Sale govern only the sale of PRODUCTS to consumers.
If you are a professional, the contractual conditions governing your transaction with DESIGN MARKET are available on the page "General conditions of sale to professionals".
3. ACCEPTANCE OF THE GENERAL CONDITIONS
The CUSTOMER undertakes to read these Terms and Conditions carefully and to accept them, before proceeding with the payment of an order for PRODUCTS placed on the SITE.
These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the ORDER. The CUSTOMER is invited to carefully read, download and print the General Conditions and to keep a copy.
DESIGN MARKET advises the CUSTOMER to read the General Terms and Conditions with each new ORDER, as the latest version of the General Terms and Conditions applies to each new ORDER for PRODUCTS.
Acceptance of these Terms and Conditions is evidenced by a box that must be checked by the CLIENT when ordering PRODUCTS on the SITE.
By clicking to place the order and then confirming said order, the CUSTOMER acknowledges that he/she has read, understood and accepted the General Conditions without limitation or condition.
4. REGISTRATION ON THE WEBSITE
In order to purchase a PRODUCT, the CLIENT must be at least 18 years of age and have legal capacity or, if a minor, be able to justify the agreement of his/her legal representatives.
4.1 Registration on the site
In order to place an order, the CLIENT will be invited to register on the SITE, i.e. to create an ACCOUNT.
All CUSTOMERS have the option of registering when they first visit the SITE.
In any case, he/she must register at the latest at the time of validation of his/her ORDER under the conditions of article 5 hereof.
4.2. Registration procedure
In order to open an ACCOUNT, the CLIENT must :
- Fill in the form provided for this purpose and provide all the information required, including their surname, first name, email address, telephone number and delivery address. They must provide all the information marked as mandatory. The sign (*) indicates the mandatory fields that must be filled in for DESIGN MARKET to process the CUSTOMER's registration.
- Choose IDENTIFiers, i.e. an email address and a password that can be changed at any time. It is recommended to change your password regularly.
Any incomplete registration will not be validated, which the CLIENT acknowledges and accepts.
DESIGN MARKET reserves the right to ask the CUSTOMER to confirm, by any appropriate means and at any time, his/her identity, eligibility and the information provided.
The information that the CLIENT provides to DESIGN MARKET during registration must be complete, accurate and up-to-date. DESIGN MARKET reserves the right to ask the CUSTOMER to confirm his identity, eligibility and the information provided by any appropriate means.
The registration of CUSTOMERS automatically leads to the opening of an ACCOUNT in their name - unless the CUSTOMER has chosen to order without registration - giving them access to a PERSONAL AREA that allows them to manage their PRODUCT ORDERS.
CLIENTS warrant that all information they provide in the registration form is accurate, current and truthful and is not misleading.
They undertake to update this information in their PERSONAL AREA without delay in the event of changes, so that it always corresponds to the above-mentioned criteria.
CUSTOMERS are informed and accept that the information entered for the purpose of creating or updating their ACCOUNT is proof of their identity. The information entered by CUSTOMERS is binding on them as soon as it is validated.
CUSTOMERS can access their PERSONAL AREA at any time after having identified themselves using their IDENTIFiers.
The CUSTOMER'S AREA allows the CUSTOMER to consult all his ORDERS made on the SITE, and also allows him, if necessary, to follow the DELIVERY of the PRODUCTS.
However, DESIGN MARKET undertakes to keep all contractual elements that are required to be kept by law or regulation in a secure manner.
In the event of a breach of these provisions relating to the registration of a CUSTOMER, DESIGN MARKET may send an e-mail to the USER and will allow him a period of seven (7) working days to bring himself into line with these provisions. This e-mail will indicate the grievances complained of and the obligations alleged to have been breached. At the end of this period, DESIGN MARKET may suspend the CLIENT's ACCOUNT. If the CUSTOMER fails to comply within a further period of seven (7) days, DESIGN MARKET may delete his ACCOUNT. In the case of pending ORDERS, these must be paid for by the CUSTOMER and delivered by DESIGN MARKET. The CUSTOMER will not suffer any damage as a result of this deletion and will not be entitled to claim any compensation for this.
This exclusion does not preclude DESIGN MARKET from taking legal action against the CUSTOMER if the facts justify this.
4.3 Strictly personal use
The CLIENT undertakes to use the services personally, and not to allow any third party to use them in his place or for his own account, including another CLIENT, unless he bears full responsibility.
The CUSTOMER is also responsible for maintaining the confidentiality of his IDENTIFIERS and expressly acknowledges that any use of the services from his ACCOUNT will be deemed to have been made by him.
If the CUSTOMER finds that his ACCOUNT has been used without his knowledge, he undertakes to inform DESIGN MARKET as soon as possible by any means. The CUSTOMER acknowledges that DESIGN MARKET is entitled to take all appropriate measures in such cases.
5.1. Product characteristics
DESIGN MARKET sells mainly second-hand PRODUCTS, which include rare items, sometimes only available in one piece. The PRODUCTS are sold as is, or restored, according to the information provided for each PRODUCT in its Information Sheet.
The SECOND-HAND PRODUCTS sold on the SITE are antique pieces sourced from a network of professional dealers (galleries and antique dealers) located throughout Europe.
In case of purchase of second-hand PRODUCTS, the CLIENT hereby acknowledges and accepts that these PRODUCTS may contain traces of use, scratches or restorations.
The purchase of an old and second-hand PRODUCT implies, on the part of the CLIENT, the acceptance and full knowledge of the PRODUCT's wear and tear, its age and fragility, which also make its value and uniqueness.
The PRODUCTS offered for sale on the SITE, whether new or second-hand, are mostly 20th and 21st century pieces, produced between the 1940s and today. Each PRODUCT Information Sheet clearly indicates the date of edition of the PRODUCT.
In accordance with the applicable legislation, DESIGN MARKET undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the compulsory information that the CLIENT must receive under the applicable law. The CLIENT undertakes to read this information carefully before placing an order on the SITE.
All PRODUCTS sold by DESIGN MARKET comply with current French legislation. However, the CLIENT accepts that second-hand PRODUCTS may not comply with current standards.
5.2. Ordering procedure
Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER's start page or terminal, the steps may differ slightly).
5.2.1. Product selection and purchase options
The CLIENT shall select the PRODUCT(S) of his/her choice by clicking on the PRODUCT(S) concerned and clicking on "Add to Cart". Once the PRODUCT is selected, the PRODUCT is placed in the CLIENT's shopping cart. The latter may then add as many PRODUCTS as he/she wishes to his/her basket by clicking on "Continue Shopping" or complete his/her ORDER by clicking on "Checkout".
Once the PRODUCTS have been selected and placed in the shopping cart, the CUSTOMER must click on the shopping cart and check that the contents of the order are correct. If the CUSTOMER has not already done so, he/she will then be invited to log in or register.
Once the CUSTOMER has validated the contents of the basket and has identified or registered, an online form will be displayed, automatically completed, summarising the price, applicable taxes and delivery costs.
The CLIENT is invited to check the content of its order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content.
The CUSTOMER may then proceed with the payment of the PRODUCTS by following the instructions on the SITE and provide all the necessary information for the invoicing and DELIVERY of the PRODUCTS.
For PRODUCTS for which options are available, these specific references appear when the correct options have been selected. ORDERS placed must include all information necessary to process the ORDER.
The CLIENT must also select the mode of DELIVERY.
The CUSTOMER must also select the method of payment and tick the box confirming his unreserved acceptance of the SITE's General Terms of Sale
5.2.3. Acknowledgement of receipt
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the order acknowledgement will automatically be sent to the CLIENT by e-mail, provided that the e-mail address given in the registration form is correct. DESIGN MARKET does not send order confirmations by post or fax.
For all PRODUCTS, the CLIENT will find on the SITE prices displayed in euros including all taxes, as well as the applicable delivery charges (depending on the applicable delivery method and zone).
In particular, prices include value added tax (VAT) at the rate in effect on the date of the order (note that there is no VAT on used products). Any change in the applicable rate may affect the price of the PRODUCTS as of the date the new rate comes into effect.
DESIGN MARKET's suppliers' prices are subject to change. The prices shown on the WEBSITE may therefore change. They may also change in the event of special offers or sales.
The prices indicated are valid, except in the event of a gross error. The applicable price is the one indicated on the SITE on the date the order is placed by the CLIENT.
In the case of deliveries to French overseas departments and territories and outside the European Union, the CLIENT is informed that customs duties and other taxes may be payable. The necessary formalities and the payment of these duties and taxes are the responsibility of the CUSTOMER. The CUSTOMER is invited to contact the customs agents in his country for more information on this subject.
During the ordering process, the CUSTOMER will be asked to enter the information required for invoicing (the sign (*) will indicate the mandatory fields that must be filled in for the CUSTOMER's order to be processed by DESIGN MARKET).
In particular, the CUSTOMER shall clearly indicate all information relating to the DELIVERY, in particular the exact address of the DELIVERY, as well as any access code to the DELIVERY address.
The CLIENT must also specify the chosen method of payment.
The order form that the CLIENT establishes online does not constitute an invoice. Regardless of the method of order or payment used, the CUSTOMER will receive an order confirmation by e-mail, as well as a purchase invoice. The invoice may be attached to the order confirmation or sent in a separate e-mail.
5.3. Date of the order
The date of the order is the date on which DESIGN MARKET acknowledges receipt of full payment for the order. The deadlines indicated on the WEBSITE, in particular the delivery deadlines, only start to run from this date.
5.4. Product availability
DESIGN MARKET undertakes to deliver the PRODUCT within the period indicated to the CLIENT, unless the parties have agreed otherwise.
In the event that a PRODUCT is unavailable, DESIGN MARKET may, if the parties agree, offer an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CLIENT decides to cancel its order for unavailable PRODUCTS, it will obtain a refund of all sums paid for the unavailable PRODUCTS within thirty (30) days of payment at the latest.
When requesting a quote for the DELIVERY of certain PRODUCTS, the CLIENT is informed that the PRODUCTS concerned will still be offered for sale on the SITE during the quote request procedure. The CLIENT hereby accepts that these PRODUCTS or some of them may no longer be available at the time of validation of the ORDER.
6. RIGHT OF WITHDRAWAL
The terms of the right of withdrawal are set out in Annex 1 - Withdrawal Policy of these conditions
7.1. Means of payment
The CUSTOMER can pay for PRODUCTS online on the SITE using the methods offered by DESIGN MARKET, i.e. by credit card or bank transfer. Payment by credit card is made by means of secure transactions provided by BNP PARIBAS or ALMA (payment in three instalments).
Payment in three instalments with Alma: The CUSTOMER who pays his order in three instalments by credit card, accepts the general customer conditions of Alma. In particular, the CUSTOMER may only pay in three instalments for purchases of between €400.00 and €4,000.00. The fees applicable to this method of payment are, for each transaction, 2.20% of the amount of the transaction.
The CUSTOMER guarantees DESIGN MARKET that he has all the necessary authorisations to use the chosen payment method.
DESIGN MARKET will take all necessary measures to ensure the security and confidentiality of the data transmitted online as part of the online payment on the SITE.
All confidential payment information provided on the SITE is transmitted to the SITE's bank in a completely secure manner and is not processed on the SITE or by DESIGN MARKET.
7.2. Date of payment
In the case of a single payment by credit card, the CLIENT's bank account will be debited as soon as the PRODUCTS are ordered on the SITE.
The delivery periods mentioned at the time of the ORDER and in Annex 2 - Delivery of these terms and conditions only start to run from the date of actual receipt of payment by DESIGN MARKET.
If the CLIENT decides to cancel the order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.4 of these Terms and Conditions.
7.3. Delay or refusal of payment
If the bank refuses to debit a card or other means of payment, the CLIENT must contact DESIGN MARKET directly in order to pay for the order by any other valid means of payment.
If the CUSTOMER fails to receive payment within eight (8) days of the ORDER, this contract will be terminated and the PRODUCTS will be put back on sale on the SITE by DESIGN MARKET.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the CLIENT proves impossible, the order will be cancelled and the sale automatically terminated.
8. EVIDENCE AND ARCHIVING
Any contract concluded with the CLIENT for an order of more than 120 euros including VAT will be archived by DESIGN MARKET for a period of ten (10) years in accordance with article L. 213-1 of the Consumer Code.
DESIGN MARKET agrees to archive this information in order to monitor transactions and to produce a copy of the contract at the CLIENT's request.
In the event of a dispute, DESIGN MARKET will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
9. TRANSFER OF OWNERSHIP
DESIGN MARKET remains the owner of the delivered PRODUCTS until the CLIENT has paid in full.
The above provisions do not prevent the transfer to the CLIENT, at the time of receipt by the CLIENT or by a third party designated by the CLIENT other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the retention of title, as well as the risks of damage that they may cause.
The terms of DELIVERY of the PRODUCTS are set out in Appendix 2 - Delivery Policy of this Agreement and are accessible at the bottom of each page of the SITE via a hypertext link.
The PRODUCTS are packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS, particularly during DELIVERY.
Depending on the type of PRODUCT, some will not be packed but collected by a specialised carrier and put under cover or in a wooden box.
CUSTOMERS agree to abide by the same standards when returning PRODUCTS under the conditions set out in Appendix 1 - Withdrawal Policy.
Apart from the commercial guarantees that DESIGN MARKET may offer for certain PRODUCTS, every CLIENT benefits from "legal" guarantees for all PRODUCTS, which are detailed below, in accordance with article L.111-1 of the Consumer Code.
12.1. Guarantee of conformity
Article L. 217-4 of the Consumer Code: "The seller delivers goods that conform to the contract and is responsible for any defects in conformity that exist at the time of delivery".
Article L.217-5 of the Consumer Code: "The goods conform to the contract:
1° Whether it is fit for the use normally expected of similar goods and, if so :
- if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;
- it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter.
In the event of a proven lack of conformity, the CLIENT may request the replacement or repair of the PRODUCT, at his choice. However, if the cost of the CLIENT's choice is clearly disproportionate to the other option, taking into account the value of the PRODUCT or the extent of the defect, DESIGN MARKET may proceed with a refund, without following the option chosen by the CLIENT.
Finally, the CLIENT is exempted from proving the existence of the lack of conformity of the PRODUCT during the twenty-four (24) months following the delivery of the PRODUCT except for second-hand goods for which this period is fixed at six (6) months.
It is specified that this legal warranty of conformity applies independently of the commercial warranty granted, if any, on the PRODUCTS.
12.2 Guarantee for hidden defects
DESIGN MARKET is liable for hidden defects in the PRODUCT sold that render it unfit for its intended use, or that reduce this use to such an extent that the CLIENT would not have purchased it, or would have paid a lower price for it, if he had known about them. (Article 1641 of the Civil Code)
This guarantee allows the CLIENT who can prove the existence of a hidden defect to choose between the reimbursement of the price of the PRODUCT if it is returned and the reimbursement of part of its price, if the PRODUCT is not returned.
In the event that replacement or repair is not possible, DESIGN MARKET undertakes to refund the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT in exchange for the return of the PRODUCT by the CLIENT to the address indicated by DESIGN MARKET.
The action resulting from redhibitory defects must be brought by the CUSTOMER within two (2) years of the discovery of the defect. (Paragraph 1 of Article 1648 of the Civil Code)
DESIGN MARKET cannot be held liable in the event of non-performance or poor performance of contractual obligations by the CUSTOMER, particularly when entering his ORDER.
DESIGN MARKET cannot be held liable or be considered to have failed to comply with these terms and conditions if the cause of the delay or failure to comply is linked to a case of force majeure as defined by the case law of the French Courts and Tribunals.
DESIGN MARKET has no control over websites that are directly or indirectly linked to the SITE. DESIGN MARKET therefore accepts no liability for the information published on these websites. Links to third-party websites are provided for information purposes only and no guarantee is given for their content.
Finally, DESIGN MARKET cannot be held liable for the misuse of the PRODUCTS, poor maintenance of the PRODUCTS, or the misuse or abuse of the PRODUCTS after they have been delivered.
14. FORCE MAJEURE
DESIGN MARKET cannot be held liable if the non-fulfilment or delay in the fulfilment of any of its obligations as described in these terms and conditions is the result of force majeure.
Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably be foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing his obligation.
If the impediment is temporary, performance of the obligation shall be suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract shall be terminated ipso jure and the parties shall be released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
DESIGN MARKET cannot be held liable for hacker attacks, the unavailability of materials, supplies, spare parts, personal or other equipment, the interruption of electronic communication networks or for any other circumstances or events beyond the control of DESIGN MARKET that occur after the conclusion of the GTC and that prevent the normal execution of the GTC.
In such a situation, the CLIENT cannot claim any compensation and cannot take any action against DESIGN MARKET.
DESIGN MARKET will endeavour to inform the CUSTOMER as soon as possible if one of the above events occurs.
15. PERSONAL DATA
15.1 General provisions
15.2. Provisions relating to cookies
The USER can also consult our page dedicated to the management of cookies here: https://www.design-market.eu/...
15.2.1 General - Purpose - Duration
In order to enable the USER to navigate the SITE as efficiently as possible and to improve the operation of the various interfaces and applications, DESIGN MARKET may place a cookie on the USER's computer. This cookie enables information to be stored relating to navigation on the site (date, page, time), as well as any data entered by the USER during his visit (searches, login, email, password). These cookies are stored on the USER's computer for a variable period of up to 6 months, and may be read and used by DESIGN MARKET when the USER visits this WEBSITE in the future.
- Statistics: Measure the traffic of the SITE, the number of visits to the SITE, from which domains the visitors come, which pages are visited on the SITE and in which geographical area the visitors are located.
- Improving the operation of the SITE: Optimising your experience, in particular by helping you to remember your login and password when you return to the SITE and thus log in without having to identify yourself again.
- Connection to Social Networks: We offer you the possibility to connect to Social Networks, such as Facebook.
- Quality assurance: Ensuring the quality of evaluations and preventing abuse or irregularities in the writing of evaluations and the use of the SITE.
- Targeted advertising: Displaying specific advertisements on the SITE that we think may be of interest to you.
- Google Ads, Bing Ads, Facebook Ads, Criteo, Skaze: for targeted advertising purposes.
- Facebook: set up by Facebook if you interact with the Facebook plugin or if it is already connected to Facebook from another source for the purpose of connecting to and integrating with them.
- Twitter: set up by Twitter if you interact with the Twitter plugin or if it is already connected to Twitter from another source for the purpose of connecting to and integrating with them.
- Pinterest: set up by Pinterest if you interact with the Pinterest plugin or if it is already connected to Pinterest from another source for the purpose of connecting to and integrating with them.
- Instagram: set up by Instagram if you interact with the Instagram plugin or if it is already connected to Instagram from another source for the purpose of connecting and integrating with it.
With regard to the advertising cookies that we use, we give any USER of the WEBSITE the option of not agreeing to this when their data is collected. They also have the possibility of deactivating these cookies under the conditions of the article "Deleting cookies" below.
15.2.2 Right to object to the installation of the cookie
The USER has the possibility of blocking the deposit of cookies on his or her terminal, by means of the consent window that appears on arrival at our site.
Once the cookies have been set, the USER always has the possibility of modifying the retention period or deleting the cookie as indicated below.
In any case, navigation on this SITE will not be optimised. If the systematic deactivation of cookies by the USER prevents him/her from using certain services or functionalities provided by DESIGN MARKET, this malfunctioning shall in no way constitute damage for the USER, who shall not be entitled to claim any compensation as a result.
15.2.3 Deleting cookies
All USERS also have the possibility of deleting the cookies previously present on their computer, by going to the menu of their browser provided for this purpose (generally, tools or options / privacy or confidentiality) or by going to their customer account.
Such an action has no effect on navigation on this SITE, but causes the USER to lose all the benefits provided by the cookie. In this case, the USER will have to re-enter all the information concerning him/her.
DESIGN MARKET provides the CUSTOMER with a Customer Service by telephone on the following number: +33 18.104.22.168.13 (not surcharged), available from Monday to Friday from 9.30 a.m. to 12.30 p.m. and from 1.30 p.m. to 6.30 p.m.
Any written complaint by the CUSTOMER must be sent by e-mail to [email protected] or by post to DESIGN MARKET - 59 boulevard Exelmans, 75016 Paris, FRANCE.
DESIGN MARKET will endeavour to respond within two (2) working days.
17. INTELLECTUAL PROPERTY
All textual, visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of DESIGN MARKET. Anyone who publishes a website and wishes to create a direct hyperlink to the WEBSITE must request permission from DESIGN MARKET in writing.
This permission from DESIGN MARKET will not be granted on a permanent basis. This link must be removed at the request of DESIGN MARKET. Hyperlinks to the SITE using techniques such as framing or in-line linking are strictly prohibited.
Any representation or reproduction, in whole or in part, of the SITE and its contents, by any means whatsoever, without the prior express authorisation of DESIGN MARKET, is prohibited and will constitute an infringement punishable by articles L.335-2 et seq. and articles L.713-1 et seq. of the French Intellectual Property Code.
Acceptance of these General Terms and Conditions of Sale constitutes recognition by USERS of DESIGN MARKET's intellectual property rights and an undertaking to respect them.
18. VALIDITY OF THE GENERAL CONDITIONS
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions shall not affect the validity of these General Conditions. Such a modification or decision does not authorise CLIENTS to disregard these General Conditions.
Any terms and conditions not expressly dealt with herein shall be governed in accordance with the practice in the retail sector for companies whose registered office is located in France.
19. MODIFICATION OF THE GENERAL CONDITIONS
These Terms and Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Terms and Conditions are dated precisely and may be amended and updated by DESIGN MARKET at any time. The General Terms and Conditions applicable are those in force at the time of the ORDER.
Changes to the Terms and Conditions will not apply to PRODUCTS already purchased.
20. JURISDICTION AND APPLICABLE LAW
These General Terms and Conditions and the relationship between the CLIENT and DESIGN MARKET are governed by French law.
In the event of a dispute, only the French courts will have jurisdiction.
However, prior to any recourse to an arbitral or state court, the CLIENT is invited to contact DESIGN MARKET.
If no agreement is reached or if the CLIENT proves that he has tried to resolve his dispute directly with DESIGN MARKET by means of a written complaint, an optional mediation procedure will be offered, conducted in a spirit of loyalty and good faith, with a view to reaching an amicable agreement in the event of any dispute relating to this contract, including the validity thereof.
To initiate this mediation, the CUSTOMER may contact the online dispute resolution platform provided by the European Commission. Any CUSTOMER can submit a complaint on the following website: https://ec.europa.eu/consumers/odr
The party wishing to initiate the mediation process must first inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute.
Since mediation is not compulsory, the CLIENT or DESIGN MARKET may withdraw from the process at any time.
In the event that mediation fails or is not envisaged, the dispute which may have given rise to mediation shall be referred to the competent court designated above.
ANNEX 1 - WITHDRAWAL POLICY
The CUSTOMER has the right to withdraw from the contract in principle by returning the PRODUCT to DESIGN MARKET.
The PRODUCT must be returned or restituted without undue delay, and at the latest within fourteen (14) days of the communication of the decision to withdraw, unless DESIGN MARKET offers to collect the PRODUCT itself.
In accordance with Article L. 221-18 of the Consumer Code, the withdrawal period expires fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the PRODUCT.
If the CLIENT has ordered several PRODUCTS via a single ORDER resulting in several DELIVERIES (or in the case of an ORDER for a single PRODUCT delivered in several batches), the withdrawal period shall expire fourteen (14) days after the day on which the CLIENT or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT delivered.
Notification of the right of withdrawal
To exercise his right of withdrawal, and in accordance with Article L.221-21 of the French Consumer Code, the CUSTOMER must notify his decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail) to : DESIGN MARKET - 59 Boulevard Exelmans, 75016 Paris, FRANCE or by e-mail to [email protected]
They can also use the form below:
For the attention of DESIGN MARKET - 59 boulevard Exelmans - 75016 Paris
Telephone number: +33 22.214.171.124.13
E-mail address: [email protected]
I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT below:
- PRODUCT reference [_________________________]
- Order number: [_________________________]
- Ordered on [_______________] / Received on [__________________]
- Means of payment used: [______________________________]
- Name of the CLIENT and, if applicable, the beneficiary of the order: [_____________________________]
- CLIENT's address: [______________________________________________________________]
- Delivery address: [______________________________________________________________]
- Signature of the CLIENT (except in the case of transmission by e-mail)
In order for the withdrawal period to be respected, the CLIENT must send his communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal
If the CLIENT withdraws from the contract, DESIGN MARKET undertakes to reimburse the sums paid, including the price of the PRODUCTS and the outward delivery costs (with the exception of any additional costs resulting from the CLIENT's choice of a delivery method other than the standard delivery method offered by DESIGN MARKET).
However, the CLIENT is responsible for the cost of returning the PRODUCTS. The return costs are identical to the delivery costs of the PRODUCTS.
The refund will be made without undue delay and in any case no later than fourteen (14) days from the day on which DESIGN MARKET receives the returned PRODUCT. (Article L.221-24 of the Consumer Code)
DESIGN MARKET will reimburse the CUSTOMER using the same payment method as the one used for the original transaction, unless the CUSTOMER and DESIGN MARKET expressly agree on a different method.
Terms of return
The CLIENT must return the PRODUCT to the address indicated by DESIGN MARKET without undue delay and in any case no later than fourteen (14) days after communicating his decision to withdraw from this contract. This period shall be deemed to have been observed if the CLIENT returns the goods before the end of the fourteen (14) day period.
After receiving and validating the CLIENT's request for withdrawal (no product will be taken back without prior validation of the written request for withdrawal by DESIGN MARKET), the CLIENT returns the PRODUCT to the address indicated by DESIGN MARKET. If necessary, DESIGN MARKET can provide the CLIENT, on request, with a list of specialised transporters. DESIGN MARKET cannot be held responsible for any damage caused by the return transport, which remains the CLIENT's sole responsibility.
It is strongly recommended that the CLIENT take out insurance with the carrier or courier (DHL, UPS, TNT, etc.) chosen by him/her: if the returned PRODUCT is damaged during the return transport, a deduction may be made from the CLIENT's refund.
Upon receipt of the product and verification of its conformity, DESIGN MARKET will refund the CLIENT's order in full within thirty (30) days.
The CLIENT shall bear the direct costs of returning the goods.
In all cases, it is the CLIENT's responsibility to return the goods at his own expense.
Condition of the returned goods
The PRODUCT must be returned in accordance with DESIGN MARKET's instructions and, if applicable, must include all accessories delivered. It is the CLIENT's responsibility to return the PRODUCT in the same condition as when delivered.
The CLIENT shall only be liable for the depreciation of the good resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the PRODUCT. In other words, the CLIENT may test the PRODUCT, but may be held liable for any manipulations other than those necessary.
In any case, no returns, exchanges or refunds will be made:
- products returned damaged or soiled during the return journey
- products returned without prior written notice to exercise the right of withdrawal
Exclusions from the right of withdrawal
The right of withdrawal is excluded in particular in the following cases
- Supply of goods made to the CLIENT's specifications or clearly personalised
- Supplies of sealed goods that cannot be returned for reasons of health protection or hygiene and that have been unsealed by the CUSTOMER after DELIVERY
- Contracts concluded at a public auction
- The order has been placed by a professional CUSTOMER (billing address as proof)
ANNEX 2 - DELIVERY POLICY
The PRODUCTS offered can only be delivered within the TERRITORY. It is impossible to place an ORDER for any delivery address located outside this TERRITORY. The PRODUCTS are shipped to the DELIVERY address indicated by the CLIENT during the ORDER process, on the ground floor by default if the CLIENT has not subscribed to an additional delivery service inside its building, and by means of a vehicle that can reach the size of a semi-trailer truck.
CUSTOMERS who live on an island and wish to order a large item are advised to contact DESIGN MARKET before placing an ORDER. They declare that they are aware that any additional transport costs will be borne entirely by them, failing which the ORDER will be cancelled.
The following areas are excluded from the standard delivery rates shown on the SITE:
(This list is not exhaustive, we may ask you for additional transport costs for certain remote or difficult to deliver areas)
- France: Corsica and areas outside mainland France
- Germany: all German islands
- Spain: all Spanish islands, Ceuta and Melilla
- United States: Hawaii, Alaska
- Greece: all Greek islands
- Italy: all Italian islands
- Portugal: Madeira and Azores
- United Kingdom: Channel Islands, Isle of Man, Shetlands and Scottish Islands
- Zones outside the European Union
For all ORDERS to these areas, please write to [email protected] before placing your order to obtain a personalised transport quote.
Furthermore, in the event of delivery outside the European Union, the CUSTOMER is informed that any customs duties and other taxes that may be payable will be at his exclusive expense.
During sales and promotional periods, as indicated on the home page of the website, the discounts offered on shipping costs (free shipping, reduced shipping costs, etc.) are not available outside continental Europe. In the case of an order placed during such a period for delivery outside the EU with reduced shipping costs, Design Market will be entitled to cancel the order or send a shipping quote to the buyer to pay the additional costs for delivery outside the EU.
The time required to prepare an ORDER varies according to the PRODUCT from one (1) to fifteen (15) days.
An e-mail message will automatically be sent to the CLIENT upon shipment of the PRODUCTS, provided that the e-mail address in the registration form is correct.
Delivery times & costs
During the ordering process, DESIGN MARKET will inform the CUSTOMER of the possible delivery times and options for the PRODUCTS purchased.
Delivery charges are calculated according to the delivery option chosen by the CLIENT. The amount of these costs will be due by the CLIENT in addition to the price of the PRODUCTS purchased. Details of delivery times and costs are indicated on the SITE.
In some cases, depending on the PRODUCTS and the CUSTOMER's delivery area, delivery costs may only be available upon request to DESIGN MARKET via the WEBSITE. In this case, DESIGN MARKET undertakes to respond within two (2) working days. In the case of a request for a quote, the CUSTOMER is informed that the PRODUCTS concerned will still be offered for sale on the SITE during the quote request procedure. The CLIENT hereby accepts that these PRODUCTS or some of them may no longer be available at the time of validation of the ORDER.
In the case of deliveries to French overseas departments and territories and outside the European Union, the CLIENT is informed that customs duties and other taxes may be payable. The necessary formalities and the payment of these duties and taxes are the responsibility of the CUSTOMER. The CUSTOMER is invited to contact the customs agents in his country for more information on this subject.
If the delivery date is not specified or agreed, DESIGN MARKET will deliver the PRODUCT without undue delay and no later than sixty (60) days after the conclusion of the contract.
The CLIENT is however informed that DESIGN MARKET uses external carriers to deliver the PRODUCTS. In this respect, depending on the PRODUCT ordered, the CLIENT agrees to provide the carrier with his telephone number so that he can contact him to arrange a delivery date and time.
DELIVERY of PRODUCTS can be made by parcel post or by specialised carriers, depending on the type and size of the products:
1) DELIVERY of small PRODUCTS
DELIVERY is made by parcel post via a postal service, depending on the country of delivery. The parcel will be given to the CUSTOMER against signature and/or presentation of an identity document.
In case of absence, a notice of passage will be left with the CUSTOMER. In this case, the CUSTOMER undertakes to collect the parcel from the designated post office within the specified time.
2) DELIVERY of bulky PRODUCTS
The DELIVERY of larger parts is carried out via specialised transporters (under box or simply under cover, depending on the PRODUCTS and destinations).
Unless otherwise indicated on the SITE, the DELIVERY of bulky PRODUCTS will take place at the address indicated by the CUSTOMER, on the ground floor by default if the CUSTOMER has not subscribed to an additional delivery service inside his building, and by means of a vehicle that can reach the size of a semi-trailer truck. The CUSTOMER undertakes to ensure that the place of DELIVERY is accessible to this type of vehicle.
Where possible, DESIGN MARKET will offer the CUSTOMER additional services of DELIVERY of the PRODUCTS on the same floor and/or installation of the PRODUCTS at home. In this case, in addition to guaranteeing that the place of DELIVERY is accessible to the above-mentioned vehicle, the CUSTOMER undertakes to ensure that the PRODUCTS can be assembled via the lift or stairs of the building where the DELIVERY takes place.
If the CUSTOMER is absent on the day and at the time of the prearranged DELIVERY, additional costs for travel or for a new DELIVERY will be charged in accordance with the terms and conditions set out in the chapter entitled "Problems with DELIVERY".
It is specified that deliveries will be made within a maximum of sixty (60) days. If the CUSTOMER fails to do so, he must give DESIGN MARKET formal notice to deliver within a reasonable period of time and, if he fails to do so, he may terminate the contract.
DESIGN MARKET will, without undue delay after receipt of the letter of cancellation, refund the CLIENT the total amount paid for the PRODUCTS, including value added tax and delivery costs, using the same method of payment that the CLIENT used to purchase the PRODUCTS.
If the DELIVERY of a bulky parcel could not be carried out due to the impossibility of accessing the dwelling with the above-mentioned vehicle or the impossibility of taking the PRODUCTS upstairs, or the absence of the CLIENT on the day and time of the DELIVERY fixed in advance, additional costs for a new delivery will be invoiced to the CLIENT:
- The amount of this additional charge will be equal to the initial DELIVERY charge
- The CUSTOMER will be contacted to propose a new DELIVERY date
If the CUSTOMER refuses or cancels an order, the cost of return DELIVERY - equal to the initial DELIVERY costs - will remain at the CUSTOMER's expense and will be deducted from the refund of the CUSTOMER's ORDER.
In the event of a new delivery being required, the delivery period shall be extended by a maximum of fourteen (14) days from the originally planned delivery date.
If the DELIVERY of a parcel could not be carried out due to the absence of the CUSTOMER, the CUSTOMER undertakes to collect the parcel from the designated post office within the time limit set.
In the event that the CUSTOMER does not collect the parcel within the time limit, the CUSTOMER shall bear the cost of returning the parcel. If the CUSTOMER fails to do so, the return costs will be charged to the CUSTOMER and deducted from the refund.
If a package is delivered with obvious damage, the CUSTOMER must refuse it. The CUSTOMER must immediately inform DESIGN MARKET by e-mail at: [email protected]
DESIGN MARKET is responsible until the PRODUCT is delivered to the CLIENT. The CLIENT is reminded that he has three (3) days to notify the carrier and DESIGN MARKET of any damage, partial loss or non-conformity found on delivery. If the CUSTOMER does not notify DESIGN MARKET of his justified complaint, he will no longer be able to take action against the carrier or DESIGN MARKET for damage or partial loss (the delivery note signed by the CUSTOMER without any reservations about damaged items, missing items or items that do not correspond constitutes acceptance of the CUSTOMER's order in its entirety and in perfect condition).
The CUSTOMER shall not be entitled to claim any compensation or reimbursement in the absence of timely notification.
In the event of a problem with the DELIVERY, the CUSTOMER must provide proof of the defects, and DESIGN MARKET reserves the right to carry out direct or indirect on-site inspections and checks. The return of non-conforming PRODUCTS is subject to prior acceptance by DESIGN MARKET.
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