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Terms and Conditions

 

This page presents the general conditions of sale and use of the website www.design-mkt.com (hereinafter: the "Site").

 

1. PRELIMINARY INFORMATION

a) Purpose

The company DESIGN MARKET operates a platform accessible through the www.design-mkt.com website (hereinafter the "Site"), which allows individuals or professionals (hereinafter: the "Buyer(s)") to purchase designer furniture (hereinafter: the "Products").

These general conditions (hereinafter: the "Terms and Conditions") are intended to establish the terms and conditions for the supply of the sales services for the Products (hereinafter: the "Services") and to define the rights and obligations of the parties in this context.

They express the entire agreement between the Parties and supersede any agreement, letter, offer or other prior document, written or oral, for the same purpose.

They are accessible and printable at any time through a direct link from the home page of the Site.

They may be supplemented, where appropriate, by specific conditions of use, which complement these Terms and Conditions and, in case of conflict, prevail over the latter.

b) Site Operator

The Site and the Services are operated by the company DESIGN MARKET, French SAS registered in the RCS of Nanterre, FRANCE, with number 803 323 252, whose registered office is at 35 rue e Paris - 92100 Boulogne-Billancourt, FRANCE (hereinafter: "DESIGN MARKET").

c) Acceptance of the Terms and Conditions

By registering on the Site, the Buyers declare that they have read the Terms and Conditions and accept them expressly.

This acceptance, which is indicated by a tick box at the time the order is made, can only be full and complete. Any membership subject to reservation is considered null and void. Any Buyer who does not accept to be bound by the Terms and Conditions should not access the Site or use the Services.

The Buyer acknowledges the evidentiary value of the DESIGN MARKET automatic registration systems and, except in the case of evidence to the contrary, renounces the right to contest them in case of dispute.

The Site and the Services are available:
- To any individual with full legal capacity to commit themselves under these Terms and Conditions. Any Buyer who does not have full legal capacity can only access the Site and Services with the agreement of their legal representative.
- Any company acting through an individual who has the powers to contract in the name and on behalf of the company.

The Services are aimed at Professional Buyers acting in the course of their business (hereinafter: the "Professional Buyers"), as well as Private Buyers, who want to satisfy their own needs (hereinafter: the "Private Buyers").

2. PRODUCTS OFFERED FOR SALE

2.1 Type of products

The Site offers Products, new or used, including rare coins, which are sometimes unique. These products cannot therefore be exchanged or replaced.

They are sold either new, in their existing state, or restored, according to the information provided for in the listing of each Product. The Buyer acknowledges and agrees that used Products may have scratches, marks or defects.

The sale of antique and used Products implies that the Buyer fully knows and accepts the wear of the Product, its age and fragility, which are also its value and singularity.

Before ordering online and in accordance with the laws applicable to these Terms, the Buyer may learn about the characteristics of each Product they wish to order on the Site.

The photographs, representations and descriptions of the Products offered for sale online are given with the greatest possible precision. DESIGN MARKET is liable for what is specifically stated in the description of each Product.

2.2 Availability

The Buyer is expressly informed that the Products are offered for sale online to the limits of DESIGN MARKET suppliers' availability. The Buyer acknowledges and accepts that some Products may therefore no longer be available at the time the order is validated, and also acknowledges and accepts that DESIGN MARKET cannot be held responsible in such an event, which the Buyer recognize and accepts.

In case of Product's unavailability, DESIGN MARKET will immediately inform and suggest equivalent Products to the Buyer, if this is possible, as a replacement of the initial Products. The Buyer can refuse the Products suggested by DESIGN MARKET and ask for a full refund by sending an email to contact@design-mkt.com. DESIGN MARKET will then proceed to the refund of the total Order amount under forteen (14) days following the Buyer's request for refund.  

3. REGISTRATION ON THE SITE

Buyers wishing to use the Services must register on the Site under the terms described below.

3.1. The moment of registration

The Buyers recognise and accept they are required to register on the Site in order to take full advantage of the Services.

Buyers can register when they first visit the Site.

In any case, the Buyer must register at the latest when they are required to confirm their order as defined in the "Terms for ordering and purchasing" section below.

3.2. Registration procedure

3.2.1. To open their account, the Buyer must:

- Fill out the form provided and enter all the required information, including their name, email address and phone number. They must provide all the information marked as mandatory.
- Choose a username and a password that can be changed at any time. It is recommended that passwords are changed regularly.
- On the registration form, tick the box "I agree to the Terms of Service and will adhere to them unconditionally"

Buyers acknowledge and accept that in case of contradiction between the terms and conditions of the payment provider and these Terms and Conditions, the latter shall prevail.

The Buyers acknowledge and accept that any incomplete registration will not be validated.

DESIGN MARKET reserves the right, at its complete discretion and at any time after registration, to implement any process of verification it deems convenient regarding the identity and / or contact details of the Buyers.

The Buyer acknowledges and agrees that registration for the Services automatically entails registration to email notification alerts (message received, payment accepted, etc...) and recommendations from DESIGN MARKET.

3.2.2. When Buyers register, an account will automatically be opened in their name (hereinafter: the "Account"), giving them access to a personal area (hereinafter: the "Personal Area") that allows them to manage their use of the Services, in a manner and according to the technical means that DESIGN MARKET deems most appropriate for rendering such Services.

Buyers guarantee that all information they provide on the registration form is accurate, up to date and honest, and is not in any way misleading.

They undertake to update this information in their Personal Area without delay in the event of changes, so that they always meet the above criteria.

Buyers are informed and accept that the information entered to create or update their Account acts as proof of their identity. The Buyers are liable for the information entered once validated.

Buyers have access to their Personal Area at any time once they have been identified using their login and password.

This area allows the Buyer to check all the orders they have placed on the Site, and also allows them, if applicable, to follow the delivery of the Products purchased.

The Buyer acknowledges and accepts that DESIGN MARKET cannot be held liable in the event that the data contained in the user account disappears as a result of unforeseeable circumstances, technical failure or force majeure.

DESIGN MARKET will, however, commit to securely keeping all contractual elements whose conservation is required by law or applicable regulations.

DESIGN MARKET reserves the exclusive right to delete the account of any Buyer having breached these Terms and Conditions (including, but not restricted to, when the Buyer has knowingly provided false information on their registration and creation of their Account, or is inactive for at least a year). Said removal will not lead to damage to the removed Buyer who cannot claim any compensation as a result.

This removal does not exclude the possibility that DESIGN MARKET undertakes judicial proceedings against the Buyer when the facts warrant such action.

3.3. Strictly personal use

The Buyer agrees to use the Services personally, and to not allow any third party to use them in their stead or on their own behalf, including another buyer, accepting full responsibility for any such use.

The Buyer is also responsible for maintaining the confidentiality of their username and password and expressly recognises that any use of the Services from their Account will be deemed to have been effected by them. When the Account is opened by a legal entity, it recognises that its Account may be operated by one or more authorised persons using its login credentials. In this case, the legal entity agrees to enforce these persons to maintain strict confidentiality of its login data.

In the event that the Buyer finds that their Account has been used without their knowledge, they undertake to inform DESIGN MARKET as soon as possible using the contact details in the "Site Operator" section. Buyers recognise that DESIGN MARKET has the right to take appropriate action in such cases.

4. TERMS FOR ORDERING AND PURCHASING

The Products are sold to the limits of available stock. The availability of products is indicated in the description of each item on the Site.

In accordance with the laws applicable to these Terms, the ordering process will be as described below:

To place an order, the Buyer selects one or more Products and adds them to their cart.

When their order is complete, they can access their cart by clicking on the button provided. When revising their cart, the Buyer has the right to check the number and the nature of the Products they have chosen and to check the unit price, as well as the overall price of the order. They will be able to remove one or more Products from their cart. This summary will also specifically indicate to the Buyer whether or not they have the option to exercise a right of withdrawal as well as deadlines and conditions that apply.

To validate the order, the Buyer clicks the submit button, a form will then be displayed for them to enter their login details if they are already registered, or to register on the Site by filling out the corresponding registration form.

Once the Buyer has connected or fully completed the form, they will be asked to check and if necessary modify the contact information for shipping and billing. They must read and accept these Terms and Conditions and confirm their order, after which they will be invited to pay under the terms of the "Payment information" section.

Once payment is actually received by DESIGN MARKET, the latter undertakes to acknowledge receipt to the Buyer electronically, within a period of twenty-four (24) hours.

Similarly and in the same timeframe, DESIGN MARKET agrees to send the Buyer a summary email of the order to confirm its processing and to provide all information regarding the order.

5. SHIPPING

a) Shipping costs

Shipping costs are borne by the Buyer.

They are either listed directly on the Site at the time of the order, or for some pieces they are accessible upon request for a shipping quote to DESIGN MARKET (hereinafter: the "Quotation Request").

The Quotation Request is, if applicable, offered on the Site. It is made directly from the Site.

If the case of a Quotation Request made by the Buyer, DESIGN MARKET undertakes to inform the Buyer of the shipping costs applicable to the order within two (2) working days of receipt of the Quotation Request.

DESIGN MARKET will send the Buyer by any means it deems appropriate, especially email, a link to a URL for the summary page of the order on the Site. The amount of the shipping charges will be specified in the cart of the Buyer who may, if they accept these costs, confirm their order by validating their cart and proceeding to payment.

The Buyer is expressly informed that the Products in their order are still offered for sale on the Site during the Quotation Request procedure. The Buyer acknowledges and accepts that some or all of these Products may therefore no longer be available at the time the order is validated, and also acknowledges and accepts that DESIGN MARKET cannot be held responsible in such an event.

b) Shipping areas

The Buyer understands and agrees that deliveries are worldwide, except some areas impossible to deliver due to the nature of the pieces bought, that would need special handling. As an example, North Africa, some islands or others middle-east regions might not be eligible. Please contact our Customer Service for more information about delivery in particular areas. The buyers are informed that shipping to an island (like Corsica, Majorque, Minorque, Sardigna, etc.) is subject to supplementary costs. The buyers should contact our Customer Service for such special deliveries, before placing their orders. The buyers are informed that any supplementary costs to deliver on an island will be at their entire charge, or their order will be cancelled.

c) Delivery time

Orders are delivered by courier or specialised carriers designated by DESIGN MARKET, according to the pieces.

DESIGN MARKET undertakes to do its best to deliver the order within 60 days upon order confirmation and  customer funds reception.

In case of breach by DESIGN MARKET in its obligation to deliver in the above stipulated time that is not due to force majeure, the Buyer understands that they have the right to terminate the order by registered letter with acknowledgment receipt to the address stated in the "Customer Service" section if, after having instructed DESIGN MARKET to make delivery within a reasonable additional period and under the same terms, it was not performed in this time limit.

The contract is considered terminated when DESIGN MARKET receives communication of the termination in writing, unless it was executed in the meantime.

Upon termination of the contract in accordance with the above terms, DESIGN MARKET will reimburse the Buyer all sums it has paid, including shipping costs, within fourteen (14) days from the date the contract is terminated (and the products are sent back by the Buyer and well received).

DESIGN MARKET reserves the right, in any case, to contact the Buyer in order to propose alternative solutions to refund part or all the price of the order and shipping costs. The Buyer must explicitly express on durable medium their acceptance of the choice of a repayment alternative.

DESIGN MARKET reserves the right not to refund the Buyer when the request for reimbursement is based on malicious intent, which the Buyer acknowledges and accepts.

d) Terms of delivery

Unless otherwise indicated on the Site, delivery of the Products will only be to the ground floor of the address indicated by the Buyer and by means of a vehicle up to the size of a semitrailer truck.

DESIGN MARKET however, reserves the right to offer Buyers additional order delivery services for other floors and / or installation of the Products in the home.

The price of these services is indicated on the Site. If the Buyer wishes to subscribe to one or other of these services, they must include this when making the order on the Site.

By validating the order, the Buyer undertakes to ensure the vehicle defined above can access the place of delivery for a delivery at ground level - or in the stairs or elevator for a delivery à floor level - and to be present on the day and the hour fixed for the delivery. If it is not the case or the Buyer is not present on the day and time of delivery, defined in advance, an additional redelivery fee may be charged, and the shipping delay is automatically delayed og 14 (fourteen) days.

For this purpose, the Buyer undertakes to provide a valid phone number and accepts that this number is passed to the carrier to agree the date and time of delivery, and redelivery if any.

e) Damage and partial loss

In case of delivery of a package that is clearly and visibly damaged, the Buyer has the right to refuse it and activate the guarantee offered by the carrier. The Buyer shall also inform DESIGN MARKET by email without delay using the contact details provided in the "Customer Service" section.

Likewise, the Buyer may reject any packages that are incomplete or that contain damaged objects. In accordance with the laws applicable to these Terms, any possible action against the carrier for damage or partial loss is extinguished if a claim is not made to the carrier by registered letter within three (3) days of receipt of the items, excluding holidays, stating the grounds for objection. The Buyer acknowledges and accepts they will not be compensated if they fail to follow this process.

It is emphasised, however, that in the case of used products, cosmetic defects (state of wear, scratches, etc.) are unenforceable against DESIGN MARKET, which the Buyer expressly acknowledges and accepts.

The Buyer is deemed to have received the package in good condition unless they make a report of a damaged package under the above conditions. They therefore assume any liability in this regard and cannot challenge their order, except by implementation of any legal provisions to the contrary.

6. PRODUCT PRICES, TAXES AND SHIPPING COSTS

6.1. Product prices

The Product Prices are indicated on the Site. They are expressed in Euros, all taxes included, or in a different currency where clearly indicated. The Buyer can find details of the shipping costs under the "Shipping" section.

Prices are fixed, without discount or rebate. The Buyers acknowledge and accept that DESIGN MARKET may modify these prices at any time.

The prices displayed are valid only on the day of the order and carry no future effect. The price applicable to the Buyer is that which is valid when the order is made.

For deliveries outside the European Union and the French overseas territories, the Buyer is informed that customs duties and other taxes may be due. The necessary formalities and payment of such duties and taxes are not the responsibility of DESIGN MARKET and will in any event be borne by the Buyer.

The Buyer must therefore, before any order from the Site, be aware of any possible formalities in this regard, as well as the import ramifications of the Product before the competent authorities of the country of delivery. The Buyer acknowledges and accepts that they are solely responsible for the proper execution of any declarations and / or related formalities.

6.2. Price revisions

The prices referred to in the section "Product Prices" are subject to review by DESIGN MARKET at any time, at its discretion. These apply to all orders placed after their entry into force.

7. RETENTION OF OWNERSHIP CLAUSE

The Products sold remain the property of DESIGN MARKET until full payment of their price is received, in accordance with this ownership retention clause. The risk passes to the Buyer after receipt of the Products.

8. PAYMENT INFORMATION

Full payment of the price for the Products is due on validation of the order.

Payment for the Products is made online by VISA or MASTERCARD, AMERICAN EXPRESS or by bank transfer. Credit card payments are made through secure transactions provided by BNP PARIBAS.

DESIGN MARKET has no access to any data relating to the method of payment of the Buyer when paying by credit card.

Buyers guarantee DESIGN MARKET that they have the necessary authorisation to use the payment method chosen.

The delivery period defined in the section below will commence on the date of actual receipt of payment by DESIGN MARKET, who can use any means to prove this.

If payment from the Buyer is not received within eight (8) days from the order, the order will be cancelled and the Products offered for sale on the Site.

DESIGN MARKET reserves the right to suspend or cancel any order and / or delivery in case of non-payment of all sums payable by the Buyer, in the event of a payment incident, or in cases of fraud or attempted fraud concerning the use of the Site.

Moreover, failure to pay any sum due to DESIGN MARKET within the time frame set shall give rise to the collection of penalties equal to three (3) times the legal rate of interest to which will be added a lump sum of forty (40) Euros for recovery costs. These penalties will be due from the day after the due date of the unpaid amount, without prior notice.

9. LEGAL GUARANTEE

Buyers benefit from legal guarantees on the object sold with respect to non-compliance and hidden defects, including the lack of conformity resulting from the packaging of the Products.

It should be noted that when claiming against a legal guarantee of conformity, the consumer:
-      has a period of two years from delivery of the product in which to act;
-      may opt for repair or refund of the price in accordance with the laws applicable to these Terms;
-      must report the lack of conformity of the object during the six months following its delivery.

It should also be noted that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted by DESIGN MARKET.

Consumers can also decide to employ the guarantee against hidden defects of the object sold. In this event, they may choose between cancellation of the sale and a reduction of the purchase price in accordance with the laws applicable to these Terms.

If a Buyer finds that the Products delivered have a defect, non-conformity or are damaged, they must inform DESIGN MARKET using the contact details in the "Site Operator" section, stating the nature of the defect, non-compliance or damage found.

DESIGN MARKET will organise the method of return with the carrier of its choice, and it will inform the Buyer of this in any way it deems convenient. DESIGN MARKET will bear the cost of the return.

The Products must be returned in their original packaging to the address designated by DESIGN MARKET. They must be accompanied by a copy of the corresponding invoice.

Product returns not complying with the terms described above will not be considered.

DESIGN MARKET will make the necessary checks and reimburse the Buyer the full price paid for that Product plus the corresponding delivery costs, by any convenient means, as soon as possible and no later than fourteen (14) days following the date on which DESIGN MARKET has informed the Buyer of the inability to replace the Product.

10. OBLIGATION OF THE BUYERS

Without prejudice to other obligations hereunder, the Buyers undertake to fulfil the following obligations.

10.1. The Buyers undertake, in their use of the Services, to respect current laws and regulations and to not infringe the rights of others or of public order.

They are solely responsible for the proper execution of all administrative, fiscal and / or social formalities and all payments, fees or taxes of any kind imposed on them as applicable in relation to their use of the Services.

10.2. The Buyers undertake to only provide DESIGN MARKET, within the framework of the Services, information or data that is accurate, up to date and honest, and which is in no way misleading or likely to cause error. They undertake to keep this information up to date in order to always meet the above criteria.

They commit to provide DESIGN MARKET all information necessary for the proper execution of the Services and, more generally, to actively cooperate with DESIGN MARKET for the execution hereof.

10.3. The Buyers should take the necessary steps to safeguard the information in their Personal Area they deem necessary, for which no copy will be provided.

10.4. The Buyers are informed and accept that the implementation of the Services requires that they be connected to the Internet and that the quality of the Services depends directly on this connection, for which they are responsible.

11. RESPONSIBILITY OF DESIGN MARKET

11.1. DESIGN MARKET commits to provide the Services with due diligence and according to good practices, it being specified that it bears an obligation of means, to the exclusion of any obligation of result, which the Buyers expressly recognise and accept.

11.2. DESIGN MARKET cannot be held responsible for failure or delay in the execution of sales contracts due to circumstances beyond its control, a case of force majeure, disruption, or total or partial strikes, especially with respect to postal services and means of transport or even communications.

11.3. DESIGN MARKET will not be liable to the Buyer under the conditions of common law with respect to direct damage suffered by the Buyer resulting from a breach of DESIGN MARKET of its contractual obligations defined herein. The Buyer therefore waives any redress from DESIGN MARKET in any capacity whatsoever for consequential damages, including lost profits, loss of opportunity, or losses emanating from or as a consequence of the execution hereof.

In addition, DESIGN MARKET will not be liable to Professional Buyers for payment of damages of any kind due to their use of the Services for an amount in excess of the amount charged by DESIGN MARKET to the Professional Buyers under these terms.

DESIGN MARKET can also only be held liable if the Buyers have issued a claim by registered letter with acknowledgment of receipt within a period of one (1) month following the said occurrence.

12. PROHIBITED CONDUCT

12.1. The following are strictly prohibited: (i) any behaviour likely to interrupt, suspend, slow or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion of the DESIGN MARKET systems, (iii) any hijacking of the system resources of the Site, (iv) any action likely to impose a disproportionate burden on the infrastructure of the Site, (v) any infringements of security and authentication measures, (vi) all acts that violate the rights and financial, commercial or moral interests of DESIGN MARKET or of the users of the Site, (vii) any practice that hijacks the Site for purposes other than those for which it was designed, and finally more generally (viii) any breach of these Terms and Conditions or of laws and regulations.

12.2. It is also strictly forbidden to monetise, sell or license all or part of the access to the Services of the Site and to the information it contains.

12.3. In case of breach of any provision of this section or, more generally, breaches of the laws and regulations, DESIGN MARKET reserves the right to take all appropriate measures and to institute legal action.

13. CUSTOMER SERVICE AND RIGHT OF WITHDRAWAL

a) Customer service

Customer Service for the Site is available Monday to Friday from 09.30 to 12.30 am and from 2.00 to 6.30 pm French time, at standard rate on +33 (0)1 84 13 18 14, by email to contact@design-mkt.com, or by post to: DESIGN MARKET, 35 rue de Paris, 92100 Boulogne-Billancourt, FRANCE. In the latter two cases, DESIGN MARKET will endeavour to respond within two (2) working days.

b) Right of withdrawal and return of the products

Right of withdrawal

The provisions of this section are exclusively reserved for Private Buyers.

The Private Buyer declares to understand their right to withdraw from this contract without having to give reasons or pay penalties, with the exception of return costs which they shall bear and pay for, and the exception of orders delivered outside of Europe (for which the shipping fees shall be entirely born and pay for by the buyer).

The withdrawal period shall expire fourteen (14) days after the date the Buyer, or a third party other than the carrier and designated by the Buyer, takes physical possession of the Property or the last Property.

To exercise the right of withdrawal, the Buyer shall notify DESIGN MARKET of its decision to withdraw from this contract by means of an unequivocal statement (e.g. letter sent by post or email). The Buyer may also use the withdrawal template provided at the end of this document, but it is not mandatory to do so.

For compliance with the withdrawal period, it is sufficient that the Buyer transmits its communication relative to its exercise of the right of withdrawal before the expiration of the withdrawal period.

Once DESIGN MARKET has been notified of the wish to withdraw, it will inform the Buyer of the address to which the products must be returned. The products must be returned accompanied by a copy of the purchase invoice from the Site.

The Products must be returned in their original packaging, unopened and no later than fourteen (14) days after the Buyer has notified DESIGN MARKET of its decision to withdraw from this contract. This deadline is deemed met if the Buyer has returned the Products within fourteen (14) days.

The returned Products must not have been damaged in any way whatsoever; the Buyer is deemed responsible for the deterioration of the Products during their return.

The Buyer must bear the direct costs of returning the Product. It is the responsibility of the Buyer to find a suitable carrier (Design Market may recommend a carrier to the Buyer), and the Products travel at the risk of the Buyer. The Buyer is only liable in respect of the depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and functioning of the Product.

Effects of withdrawal

In case of exercising the right of withdrawal, we will refund all payments received from the Buyer, except the return shipping costs (forth and back shipping costs for orders delivered outside of Europe, for which the shipping fees shall be entirely born by the buyer), which remain the responsibility of the Buyer, without undue delay and in any event, no later than fourteen (14) days from the day we are informed of the decision to withdraw from this contract. DESIGN MARKET will make the refund by bank transfer or to the credit card used for the original transaction; in any event, such reimbursement will not result in costs to the Buyer with the exception of the return shipping (forth and back shipping costs for orders delivered outside of Europe).

DESIGN MARKET does however reserve the right to defer the repayment until actual recovery of the Products.

14. CERTIFIED PERIOD FURNITURE

The used Products offered for sale on the Site are mostly pieces dating from the 20th and 21st century, produced between 1940 and 2016, but may be new products. In all cases, the production date is clearly indicated in each Product description. If the Buyer wishes, they can opt for a certificate of authenticity that will be provided with the Product following a check carried out by one of the experts appointed by DESIGN MARKET. This is an optional extra, however, and is charged according to the value of the piece - price on request - and is added to the price of the Products ordered.

15. SPECIAL PROVISIONS ON THE NATURE OF CERTAIN PRODUCTS

All the Products sold on this Site are sold in compliance with the laws and regulations in force in France. Any obligatory displays required by the legislative and regulatory provisions are displayed on this Site, including in the description of each item.

16. DESIGN MARKET DISCLAIMER

a) Site accessibility and force majeure

DESIGN MARKET cannot be held responsible for temporary difficulties or impossibilities to access the Site caused by external influences, or that may be due to disruptions in telecommunications networks.

The unavailability, even if prolonged and without any limitation in time, of one or more Products, cannot be construed as causing injury to the Buyer and cannot give rise to the award of damages against DESIGN MARKET.

DESIGN MARKET will in no event be liable for breach of contract that can be attributed to a case of force majeure within the meaning given to it by French courts.

b) Visual representation of products

The visual representations of the Products published on the Site are guaranteed by DESIGN MARKET as being perfectly faithful to reality in order to meet its obligation of perfect information. However, in the current state of the art, the rendering of these representations, and especially in terms of colour or shape, can vary significantly from one computer terminal to another or differ from reality depending on the quality of graphics accessories and screen or due to the resolution of the display. These variations and differences may in no case be attributed to DESIGN MARKET which will in no case be held responsible for this.

c) Products sold on the Site

DESIGN MARKET agrees to comply with all applicable provisions in force in France and cannot be held responsible for non-compliance with regulations and laws in force in other countries.

DESIGN MARKET shall in no event be liable for the misuse or poor maintenance of the Products, accidental damage or any unreasonable or improper use of the Products after their delivery.

The Products offered for sale on the Site are sold uninstalled, the Buyer declares they will be responsible for the installation of the Products and that this will be performed according to the rules of the art, which they acknowledge and accept, unless they have signed up to the home installation service under the terms of the "Shipping" section.

d) Hyperlinks

The hyperlinks on this Site may refer to other websites and DESIGN MARKET cannot be held responsible if the contents of these sites contravene the laws. Similarly DESIGN MARKET cannot be held responsible if visiting one of these sites causes injury to the Buyer.

17. NEWSLETTERS FROM DESIGN MARKET AND ITS PARTNERS

a) DESIGN MARKET Newsletter

By registering for the Newsletter, ticking the appropriate box, or by expressly agreeing to it, the Buyer agrees that DESIGN MARKET can send them a Newsletter at a frequency and format of its choosing including information relating to its activity.

When the Buyer registers for the Newsletter or ticks the appropriate box, they agree to receive offers from DESIGN MARKET for products and services similar to those ordered.

Buyers who subscribe to the Newsletter can subsequently unsubscribe by clicking on the link provided for this in each of the Newsletters.

b) Partner Newsletter

Similarly, if the Buyer has accepted that their personal data (including their email address) be communicated to third party partners of DESIGN MARKET by ticking the appropriate box, they may receive newsletters issued by these partners, of a commercial nature or not, with the frequency and in the manner determined by said partners.

The Buyer may at any time unsubscribe by clicking on the link provided for this purpose in each of the newsletters issued by the partners. Alternatively, the Buyer may unsubscribe through direct contact with the issuers of said newsletters. DESIGN MARKET shall in no event be liable for any content, data or form of newsletters sent by those partners, regardless of the injury allegedly suffered by the Buyer. All claims must be made directly with the issuer of the newsletter.

18. INFORMATION REGARDING THE DATA PROTECTION ACT

a) Personal data

DESIGN MARKET has set a presonal data protection policy whose characteristics are explained in the document "Charter on the protection of personal data", which the Buyer is expressly invited to read.

b) Right of access, rectification and opposition

Under the Data Protection Act, the Buyer has the right to access, query, rectify and oppose data they provided. To achieve this they simply need to make the request to DESIGN MARKET via the email address contact@design-mkt.com or by post to the DESIGN MARKET offices mentioned at the top of these Terms and Conditions.

Personal data collected is subject to data processing for statistical purposes of the Site and for the dissemination of a newsletter.

The controller is Mr. Lionel Obadia.
Commission Nationale de l'Informatique et des Libertés Registration (CNIL) number: 1640140

c) IP address

In addition, DESIGN MARKET reserves the right to collect the IP (Internet Protocol) address of any user of the Site. The collection of the IP address will be done anonymously and will be retained for the same duration as the personal information. It will only be used to allow for proper administration of the Services offered on this Site. The IP address is a series of numbers separated by decimal points to uniquely identify a computer on the Internet.

19. INFORMATION REGARDING THE COLLECTION OF "COOKIES"

By using our Site you agree to our use of cookies in accordance with what is described below.

a) General - Purpose - Duration

To provide the Buyer with optimal navigation of this Site and better functioning of the various interfaces and applications, DESIGN MARKET will place a cookie on their computer. This cookie allows information relating to Site navigation to be stored (date, page, times) as well as any data entered by the Buyer during their visit (searches, login, email, password). These cookies are intended to be kept on the computer of the Buyer for varying periods of up to 6 months, and can be read and used by DESIGN MARKET during a subsequent visit to this Site by the Buyer.

We use cookies for:
- Statistics: Measuring the traffic on the Site i.e. the number of visits to the Site, which domains the visitors come from, which pages are visited on the Site and in what geographic area the visitors are located.
- Improving how the Site functions: To optimise the experience of the Buyer, including helping them remember their username and password when returning to the Site and connecting without having to login again.
- Connection to Social Networks: We offer the possibility of connecting to Social Networks, such as Facebook.
- Quality assurance: To ensure the quality of the ratings and to prevent abuse or irregularities in connection with the creation of the ratings and the use of the Site.
- Targeting advertising: To display specific advertisements on the Site which we feel may be of interest to the Buyer.

The site uses cookies from the following third parties:
- Google Analytics: for statistical purposes.
- Google Adwords, Google Shopping, Bing Ads, Criteo: for the purposes of targeted advertising.
- Facebook: set up by Facebook if the Buyer interacts with the Facebook plugin or if already connected to Facebook from another source in order to connect and integrate them.
- Twitter: set up by Twitter if the Buyer interacts with the Twitter plugin or if already connected to Twitter from another source in order to connect and integrate them.
- Google +: set up by Google if the Buyer interacts with the Google plugin or is already connected to Google from another source in order to connect and integrate them.
- Pinterest: set up by Pinterest if the Buyer interacts with the Pinterest plugin or is already connected to Pinterest from another source in order to connect and integrate them.
- Addthis: set up by Addthis if the Buyer interacts with the Addthis plugin or is already connected to Addthis from another source in order to connect and integrate them.

With respect to the advertising cookies we use, we provide all users of the Site a tick box to express their agreement during the collection of their data. They can also disable these cookies under the terms of the "Deleting cookies" section below.

b) Right to object to the implementation of the cookie

The Buyer can block, modify the retention period, or delete this cookie via their browser interface (usually: tools or options / privacy or confidentiality). In such a case, navigation on this Site may not be optimised. If the systematic disabling of cookies in the browser of the Buyer prevents them from using certain services or features provided by DESIGN MARKET, this dysfunction can in no case constitute damage to the Buyer who may not claim any compensation for this reason.

c) Deleting cookies

The Buyer also has the option to delete cookies previously placed on their computer by using the appropriate menu on their browser (usually tools or options / privacy or confidentiality). Such action does not impact the browsing of the Site, but the Buyer loses all the benefits provided by the cookie. In this case, they will have to again enter all the relevant information.

20. INTELLECTUAL PROPERTY OF SITE ELEMENTS

All elements of this Site belong to DESIGN MARKET and are protected by legislation on intellectual property.

The Buyer therefore recognises that, in the absence of authorisation, any total or partial copying and any distribution or operation of one or more of these elements, whether modified or not, is liable to result in legal action taken against them by DESIGN MARKET or its rights holders.

This protection will cover all text and graphic content of the Site, but also its structure, its name and its graphic charter or any other element present.

Similarly, the Buyer acknowledges that they have been informed that the framework of these Terms and Conditions is protected by intellectual property right and that any reproduction of this document, even partial, may result in prosecution for economic parasitism.

21. AMENDMENT OF THE TERMS AND CONDITIONS

DESIGN MARKET may modify these Terms and Conditions at any time. The Terms and Conditions applicable to the Buyer are those applicable on the date of their order. DESIGN MARKET commits to retain all its former Terms and Conditions and to send them to the Buyer upon request.

22. APPLICABLE LAW AND COMPETENT JURISDICTION

THESE TERMS AND CONDITIONS ARE SUBJECT TO THE APPLICATION OF FRENCH LAW.

IN CASE OF DISPUTES REGARDING VALIDITY, INTERPRETATION AND / OR EXECUTION OF THE TERMS AND CONDITIONS, THE PARTIES AGREE THAT THE ONLY COMPETENT JURISDICTION SHALL BE THE COURTS OF PARIS, EXCEPT IN THE CASE OF MANDATORY RULES TO THE CONTRARY.

THIS SITE MAY BE TRANSLATED INTO OTHER LANGUAGES TO FACILITATE THE NAVIGATION OF NON FRENCH SPEAKING BUYERS WHO WISH TO ORDER THROUGH THE SITE.

IN ANY CASE OF DISPUTE WITH A CLIENT WHO HAS THE CAPACITY OF TRADER WITHIN THE MEANING GIVEN BY THE COURTS OF FRENCH LAW, JURISDICTION IS ATTRIBUTED EXCLUSIVELY TO THE COURTS IN WHICH DESIGN MARKET OPERATES.

23. MEDIATION

The provisions of this section are exclusively reserved for Private Buyers.

In case of dispute relating to these Terms and Conditions, the Private Buyer may take advantage of the free use of a consumption mediator in accordance with the laws applicable to these Terms.

The Client can also file a complaint through the Online Dispute Resolution platform (known as the "ODR" platform) accessible through the link:
https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=EN

This link is also available on the Site in the "Help / FAQ" section.

In case of failure in the appointment of the mediator or of the mediation itself, the first party to act may apply to the competent court according to the terms set out in the "Applicable Law and Competent Jurisdiction" section.

24. SEVERABILITY

If any provision of these Terms and Conditions is declared invalid by a court, such invalidity shall not entail the invalidity of all other clauses, which continue to be effective.

25. NON WAIVER

The fact that the parties do not temporarily or permanently rely on one or more provisions of these Terms and Conditions shall under no circumstances constitute a waiver of the remaining Terms and Conditions.

26. ENTRY INTO FORCE

These Terms and Conditions become effective on 05 August 2016.

If a consumer wishes to cancel their order, they may use the below template.

 

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                                                      WITHDRAWAL TEMPLATE
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(Complete and return this form only if you wish to withdraw from the contract.)

DESIGN MARKET, 35 rue de Paris, 92100 Boulogne Billancourt, France, +33 (0)1 84 13 18 14, contact@design-mkt.com:
I / We (*) hereby notify you of my / our (*) withdrawal from the contract for the sale of the following:
Name of the Product(s) and Quantity: _____________________________________________________
Ordered/Received on the: __________________________________________________
Name(s) of the Consumer(s): ________________________________________________
Address of the Consumer(s): ________________________________________________________________
Signature of the Consumer(s) (only for notification on paper) ___________________________________

Date: _________________________.

(*) Delete as appropriate.