This page presents the terms and conditions of sale of www.design-mkt.com (hereafter: the « Site »). If you are a trade or business, click on "Trade" hereunder to see our conditions for trade customers.
You are a PRIVATE INDIVIDUAL? Perfect, you will find hereunder the terms and conditions for the sale of our products to private individuals!
PREAMBLE
These terms and conditions of sale (hereinafter the "Terms and Conditions") apply to any purchase made by an Internet user (hereinafter the "CLIENT") on the website https://www.design-mkt.com/ (hereinafter the "SITE") from DESIGN MARKET, an SAS company with a capital of 7,829.52 euros, registered in the Nanterre Trade and Companies Register under number 803 323 252, located 27 rue de Paris - 92100 Boulogne Billancourt, France. Tel: +33 1 84 13 18 13, E-mail: contact@design-mkt.com (hereinafter "DESIGN MARKET").
DESIGN MARKET sells through its SITE furniture goods and decorative items.
The purpose of these Terms and Conditions is to supervise the sale and DELIVERY of PRODUCTS ordered from DESIGN MARKET via the SITE. They can be accessed and printed at any time via a hypertext link available on the SITE's home page.
IMPORTANT : Any order placed on the SITE necessarily implies the CLIENT's unconditional acceptance of these terms and conditions of sale.
The terminology used below have the following meanings in these Terms and Conditions:
"CLIENT": refers to the contracting party of DESIGN MARKET, who guarantees to be a private individual as defined by European law and jurisprudence. As such, it is expressly provided that the CLIENT acts outside any usual or commercial activity.
"ORDER": refers to the purchase of PRODUCTS by a CLIENT of DESIGN MARKET.
"ACCOUNT": refers to all the data provided by the CLIENT, hosted on the SITE. Access to the ACCOUNT is through the CLIENT's IDENTIFIERS and allows access to the CLIENT's PERSONAL SPACE.
"PERSONAL SPACE": refers to the space dedicated to the CLIENT associated with his ACCOUNT, which allows to manage all the ORDERS placed through the SITE.
"IDENTIFIERS": refers to the email address and password chosen by the CLIENT, necessary for access to his ACCOUNT on the SITE.
"DELIVERY": refers to the first delivery of the PRODUCTS ordered by the CLIENT at the delivery address indicated during the ORDER.
"PRODUCTS": refers to all furniture goods and decorative items marketed by DESIGN MARKET and offered for sale on the SITE. PRODUCTS can be new or second hand.
"SITE": refers to the website accessible at the following address: https://www.design-mkt.com/
"TERRITORY": refers to the whole world, unless otherwise indicated to CUSTOMERS on the SITE when ORDERING.
"USER": refers to any person who accesses and browses the SITE, whether a CLIENT or a simple Internet user.
These Terms and Conditions govern the sale of PRODUCTS by DESIGN MARKET to its CLIENTS.
The CLIENT is clearly informed and acknowledges that the SITE is intended for private individuals and professionals but that these Terms and Conditions of Sale only govern the sale of PRODUCTS to private individuals.
If you are a professional, the contractual conditions governing your transaction with DESIGN MARKET are available in the ”TRADE” part of this page.
The CLIENT undertakes to read these Terms and Conditions carefully and accept them, before proceeding to the payment of an order for PRODUCTS placed on the SITE.
These Terms and 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 CLIENT is invited to carefully read, download, print and keep a copy of the Terms and Conditions.
DESIGN MARKET advises the CLIENT to read the Terms and Conditions each time a new ORDER is placed, the latest version of which applies to any new PRODUCT ORDER.
The acceptance of these Terms and Conditions is materialized by a box which must be effectively ticked by the CLIENT when ordering the PRODUCTS on the SITE.
By clicking to place the order and then confirming the order, the CLIENT acknowledges having read, understood and accepted the Terms and Conditions without any limitations or conditions.
To be able to purchase a PRODUCT, the CLIENT must be at least 18 years old and have legal capacity or, if he is a minor, be able to prove the agreement of his legal representatives.
4.1. Time of registration
To be able 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 to register during their first visit to the SITE.
In any case, he must register at the latest at the time of his ORDER confirmation under the conditions of article 5 hereof.
4.2. Registration procedure
For the purpose of opening his ACCOUNT, the CLIENT must:
- Fill in the form provided for this purpose and fill in all the required information, including their surname, first name, email address, telephone number and delivery address. He must provide all the information indicated as mandatory. The sign (*) indicates the mandatory fields that must be completed for the CLIENT's entry to be processed by DESIGN MARKET.
- Choose IDENTIFIERS, i. e. an email address, as well as a password, which can be modified 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 CLIENT to confirm, by any appropriate means and at any time, its identity, eligibility and the information provided.
The information that the CLIENT provides to DESIGN MARKET at the time of registration must be complete, accurate and up to date. DESIGN MARKET reserves the right to ask the CLIENT to confirm, by any appropriate means, its identity, eligibility and the information provided.
The registration of CLIENTS automatically leads to the creation of an ACCOUNT in their name, giving them access to a PERSONAL SPACE that allows them to manage their PRODUCT ORDERS.
CUSTOMERS guarantee that all the information they provide in the registration form is accurate, up-to-date and sincere, and is not misleading in any way.
They undertake to update this information without delay in their PERSONAL SPACE 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 SPACE at any time after identifying themselves with their IDENTIFIERS.
The PERSONAL SPACE allows the CLIENT to view all his orders placed on the SITE, and also allows him, if necessary, to follow the DELIVERY of the PRODUCTS.
DESIGN MARKET undertakes, however, to securely store all contractual elements whose storage is required by law or regulation in force.
In the event of a breach of these provisions relating to the registration of a CLIENT, DESIGN MARKET may send an e-mail to the USER and will allow him a period of seven (7) working days to comply with these provisions. This e-mail will indicate the alleged grievances as well as the obligations allegedly not respected. At the end of this period, DESIGN MARKET may suspend the CLIENT's ACCOUNT. If the CLIENT fails to comply within a further seven (7) days, DESIGN MARKET may delete its ACCOUNT. In the event of pending ORDERS, they must be paid for by the CLIENT and delivered by DESIGN MARKET. Such deletion shall not be likely to constitute damage to the excluded CLIENT, who shall not be entitled to any compensation as a result.
This exclusion is not exclusive of the possibility for DESIGN MARKET to take legal action against the CLIENT, when the facts justify it.
4.3 Strictly personal use
The CLIENT undertakes to use the services personally, and not to allow any third party to use them in its place or for its own account, including another CLIENT, unless it bears full responsibility.
The CLIENT 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.
In the event that the CLIENT notices that his ACCOUNT has been used without his knowledge, he undertakes to notify DESIGN MARKET as soon as possible, by any means. CUSTOMERS acknowledge that DESIGN MARKET has the right to take all appropriate actions in such cases.
5.1. Product features
DESIGN MARKET sells new or second-hand PRODUCTS, which include rare parts, sometimes available in a single copy.
PRODUCTS are sold new, as is, or restored, as indicated for each PRODUCT in its Information Sheet.
In the event of the 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 wear and tear of the PRODUCT, its age and fragility, which also make it valuable and unique.
The PRODUCTS offered for sale on the SITE, whether new or second-hand, are mainly 20th and 21st century pieces of furniture, produced between the 1940s and today. Each PRODUCT Information Sheet clearly indicates the PRODUCT issuing date.
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 mandatory 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 European legislation.
However, the CLIENT accepts that second-hand PRODUCTS may not comply with current standards.
5.2. Ordering process
PRODUCTS ORDERS are placed directly on the SITE. To place an order, the CLIENT must follow the steps described below (please note, however, that depending on the CLIENT's start page or terminal, the steps may slightly differ).
5.2.1. Selection of PRODUCTS and purchase options
The CLIENT must select the PRODUCT(s) of his choice by clicking on the PRODUCT(s) concerned and clicking on<em >"Add to Cart". Once the PRODUCT has been selected, the PRODUCT is placed in the CLIENT's basket. The latter can then add to his basket as many PRODUCTS as he wishes by clicking on<em >"Continue shopping"or finish his ORDER by clicking on<em >"Order".
5.2.2. Orders
Once the PRODUCTS have been selected and placed in his basket, the CLIENT must click on the basket and check that the content of his order is correct. If the CLIENT has not yet done so, he will then be asked to login or register.
Once the CLIENT has validated the contents of the basket and has logged in or registered, an online form will appear to the CLIENT, automatically completed and summarizing the price, applicable taxes and shipping fees.
The CLIENT is invited to check the content of his ORDER (including the quantity, characteristics and references of the PRODUCTS ordered, the invoicing address, the means of payment and the price) before validating its content.
The CLIENT may then proceed to the payment of the PRODUCTS by following the instructions on the SITE and provide all the information necessary for 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 the information necessary for the proper processing of the ORDER.
The CLIENT must also select the DELIVERY mode.
The CLIENT must also select the payment method and tick the box confirming his acceptance without limitations of the SITE's Terms and Conditions of Sale
5.2.3. Order confirmation
Once all the steps described above are completed, a page appears on the SITE to confirm the CLIENT's order. A copy of the order confirmation is automatically sent to the CLIENT by e-mail, provided that the e-mail address indicated via the registration form is correct. DESIGN MARKET does not send any order confirmation by post or fax.
5.2.4. Prices
For all PRODUCTS, the CLIENT will find on the SITE prices displayed in euros all taxes included, as well as the applicable shipping fees (depending on the applicable delivery option and area).
Prices include in particular value added tax (VAT) at the rate in force on the date of order. Any change in the applicable rate may impact the price of PRODUCTS as of the effective date of the new rate.
The prices of DESIGN MARKET suppliers are subject to change. As a result, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales.
The prices indicated are valid, unless there is a gross error. The applicable price is the one indicated on the SITE on the date on which the order is placed by the CLIENT.
In the event of delivery to the French overseas departments and territories and outside the European Union, the CLIENT is informed that customs duties and other taxes may apply. The CLIENT shall be responsible for the necessary formalities and the payment of the said duties and taxes.
5.2.5. Invoicing
During the ordering process, the CLIENT must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CLIENT's order to be processed by DESIGN MARKET).
In particular, the CLIENT must clearly indicate all information relating to the DELIVERY, in particular the exact address of the DELIVERY, as well as any access code to the address of the DELIVERY.
The CLIENT must also specify the chosen payment method.
The order form that the CLIENT establishes online does not constitute an invoice. Regardless of the order or payment method used, the CLIENT will receive an order confirmation by e-mail, as well as a purchase invoice. The invoice can be attached to the order confirmation, or sent in another separate email.
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 time limits indicated on the SITE only start to run from this date.
5.4. Availability of PRODUCTS
DESIGN MARKET undertakes to deliver the PRODUCT within the time limit indicated to the CLIENT, unless the parties have agreed otherwise.
In the event that a PRODUCT is unavailable, DESIGN MARKET may, and if the parties agree, offer an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CLIENT decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for unavailable PRODUCTS at the latest within thirty (30) days of payment.
As part of a shipping quotation request formulated for the DELIVERY of certain PRODUCTS, the CLIENT is informed that the PRODUCTS concerned will always be offered for sale on the SITE during the quotation request process. The CLIENT hereby accepts that these PRODUCTS or some of them may therefore no longer be available at the time of validation of the ORDER.
The terms and conditions of the right of withdrawal are set out in the "Return Policy", a policy available in Annex 1 hereto and accessible at the bottom of each page of the WEBSITE via a hypertext link "Shipping and Returns".
7.1. Payment methods
The CLIENT can pay for his PRODUCTS online on the SITE according to the means proposed 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.
The CLIENT guarantees DESIGN MARKET that it holds all the authorizations required to use the chosen means of payment.
DESIGN MARKET will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the SITE.
It is hereby specified that all confidential payment information provided on the SITE is transmitted to the SITE bank in a totally secure manner and is not processed on the SITE or by DESIGN MARKET.
7.2. Payment date
In the event of a single payment by credit card, the CLIENT's bank account will be debited as soon as PRODUCTS are ordered on the SITE.
The delivery periods mentioned at the time of the ORDER and <em >in<strong >Annex 2 - Shipping Policyhereof shall only start to run from the effective date of payment receipt by DESIGN MARKET.
If the CLIENT decides to cancel his 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 DESIGN MARKET does not receive payment from the CLIENT 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 would prove impossible, the order would be cancelled and the sale automatically terminated.
Any contract concluded with the CLIENT corresponding to an order for an amount exceeding 120 euros including VAT will be archived by DESIGN MARKET for a period of ten (10) years in accordance with European laws.
DESIGN MARKET agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CLIENT's request.
In the event of a dispute, DESIGN MARKET will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
DESIGN MARKET remains the owner of the PRODUCTS delivered until they have been fully paid for by the CLIENT.
The above provisions shall not prevent the transfer to the CLIENT, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage to the PRODUCTS covered by the reservation of ownership, as well as the risks of damage that they may cause.
The terms and conditions for DELIVERY of the PRODUCTS are set out in Annex 2 - Shipping and Policy hereto and accessible at the bottom of each page of the SITE via a hypertext link “Shipping and returns”.
PRODUCTS will be packed in accordance with the transport standards in force, in order to guarantee maximum protection for the PRODUCTS, particularly during DELIVERY<strong >.
Depending on the type of PRODUCTS, some will not be packaged but transported by a specialized carrier under blankets, or in a wooden crate.
CUSTOMERS undertake to comply with the same standards when returning PRODUCTS under the conditions set out in Annex 1 - Return Policy.
In addition to the commercial guarantees that DESIGN MARKET may offer for certain PRODUCTS, all CUSTOMERS benefit from "legal" guarantees for all PRODUCTS, which are detailed below, in accordance with European law.
12.1. Compliance guarantee
The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility.
The good is in conformity with the contract:
1) If it is suitable for the use usually expected of a similar property and,if applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the
buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller by 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 suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted".
DESIGN MARKET is likely to be liable for defects in conformity existing at the time of delivery and defects in conformity resulting from packaging, assembly instructions or installation when the latter has been charged to it or has been carried out under its responsibility.
The action resulting from the lack of conformity is prescribed two (2) years after the PRODUCT is issued.
In the event of 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 compared to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, DESIGN MARKET may proceed with a refund, without following the option chosen by the CLIENT.
Finally, the CLIENT is exempted from providing proof of the existence of the lack of conformity of the PRODUCT during the twenty-four (24) months following the issuance of the PRODUCT except for second-hand goods for which this period is set at six (6) months.
It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, if any, on the PRODUCTS.
12.2 Warranty against hidden defects
DESIGN MARKET is bound by the warranty for hidden defects in the PRODUCT sold that make it unfit for the use for which it is intended, or that reduce this use to such an extent that the CLIENT would not have acquired it, or would have given only a lower price, if he had known them.
This warranty allows the CLIENT who can prove the existence of a hidden defect to choose between the refund of the PRODUCT price if it is returned or the refund of part of its price if the PRODUCT is not returned.
In the event that replacement or repair is impossible, DESIGN MARKET undertakes to refund the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the address to be indicated by DESIGN MARKET.
The action resulting from the fundamental defects must be brought by the CLIENT within two (2) years of the discovery of the defect.
DESIGN MARKET may under no circumstances be held liable in the event of non-performance or improper performance of contractual obligations attributable to the CLIENT, in particular when placing his ORDER.
DESIGN MARKET may not be held liable, or considered to have failed to comply herewith, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case law of the French courts and tribunals.
It is also specified that DESIGN MARKET does not control websites that are directly or indirectly linked to the SITE. Consequently, it excludes any liability for the information published in it. Links to third party websites are provided for information purposes only and no warranty is given as to their content.
Finally, DESIGN MARKET cannot be held responsible for the misuse of the PRODUCTS, the improper maintenance of the PRODUCTS, or the abusive or improper use of the PRODUCTS after their DELIVERY.
DESIGN MARKET cannot be held liable if the non-execution or delay in the execution of one of its obligations described in these Terms and Conditions results from a case of force majeure.
Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably have been foreseen at the time the contract was concluded and whose effects 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 is automatically terminated and the parties are released from their obligations.
In this respect, DESIGN MARKET may not be held liable in particular in the event of an attack by hackers, unavailability of equipment, supplies, spare parts, personal or other equipment, interruption of electronic communications networks, as well as in the event of the occurrence of any circumstance or event beyond the control of DESIGN MARKET occurring after the conclusion of the Terms and Conditions and preventing its execution under normal conditions.
It is specified that, in such a situation, the CLIENT may not claim any compensation and may not bring any action against DESIGN MARKET.
In the event of one of the above-mentioned events, DESIGN MARKET will endeavour to inform the CLIENT as soon as possible.
15.1 General provisions
DESIGN MARKET collects personal data concerning its CLIENTS.
The data collected by DESIGN MARKET is used to process orders placed on the SITE, manage the CLIENT's account, analyze orders, and ensure the proper administration of the SITE.
By subscribing to the Newsletter on the SITE's homepage, or by checking the box provided for this purpose when registering, the USER accepts that DESIGN MARKET may send him/her a newsletter that may include information relating to his/her activity, news and promotional offers. This Newsletter will only cover products and services similar to those offered on the SITE.
Any USER will have the possibility to unsubscribe from the Newsletter at any time, by sending an e-mail to the following address: newsletter@design-mkt.com or by clicking on the hypertext link provided for this purpose within each Newsletter.
Any USER also has the possibility to subscribe to the DESIGN MARKET Partners Newsletter by checking the box provided for this purpose when creating his ACCOUNT or on the SITE forms provided for this purpose.
Any USER will have the possibility to unsubscribe from the Newsletter at any time, by contacting the partner directly or by clicking on the link provided for this purpose within each Newsletter
The CLIENT's data are kept confidential by DESIGN MARKET in accordance with its declaration made to the CNIL under number 1640140, for the purposes of the contract, its execution and in compliance with the law.
The data may be communicated, in whole or in part, to DESIGN MARKET service providers involved in the ordering process, and in particular to companies responsible for the DELIVERY of PRODUCTS.
It is reminded that the CLIENT whose personal data are processed has the right to access, rectify, update, portability and delete information concerning him/her, in accordance with the European General Data Protection Regulation (GDPR).
In accordance with GDPR, the CLIENT may also, for legitimate reasons, object to the processing of data concerning him, without reason and without charge.
The CLIENT may exercise these rights, either by sending an e-mail to contact@design-mkt.com or by sending a letter to the following address:<em >DESIGN MARKET 59 boulevard Exelmans - 75016 Paris, Franceby proving its identity.
The CLIENT is invited to consult the Privacy and Data protection declaration of DESIGN MARKET SITE Users, available at the following address https://www.design-mkt.com/content/17-personal-data, which will provide further information about personal data protection, and on the processing carried out through the SITE, in accordance with the GDPR.
15.2. Cookies
By using the SITE, the USER agrees that the SITE may use cookies in accordance with these Terms and Conditions.
a) General - Purpose - Duration
In order to allow the USER an optimal navigation on this SITE as well as a better functioning of the various interfaces and applications, DESIGN MARKET may install a cookie on his computer. This cookie makes it possible to store information related to browsing 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 intended to be stored on the USER's computer for a variable period of up to 13 months, and may be read and used by DESIGN MARKET during a subsequent visit by the USER to this SITE.
We use cookies to:
- Statistics: Measure SITE traffic, the number of visits to the SITE, which domains visitors come from, which pages are visited on the SITE and in which geographical area visitors are located.
- Improve SITE operation: Optimize your experience, including helping you remember your username and password when you return to the SITE and thus connect without having to log in again.
- Connection to Social Networks: We offer you the possibility to connect to Social Networks, such as Facebook.
- Quality assurance: Ensure the quality of evaluations and prevent abuse or irregularities in the drafting of evaluations and the use of the SITE.
- Target Advertising: Display specific ads on the SITE that we think you may be interested in.
The SITE uses cookies from the following third parties:
- Google Analytics: for statistical purposes.
- Google Adwords, Google Shopping, Bing Ads, Criteo, Skaze, Facebook Ads: 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 in order to connect and integrate them.
- Twitter: set up by Twitter if you interact with the Twitter plugin or if it is already connected to Twitter from another source in order to connect and integrate them.
- Google +: set up by Google if you interact with the Google plugin or if it is already connected to Google from another source in order to connect and integrate them.
- Pinterest: set up by Pinterest if you interact with the Pinterest plugin or if it is already connected to Pinterest from another source in order to connect and integrate them.
- Instagram: set up by Instagram if you interact with the Instagram plugin or if it is already connected to Instagram from another source in order to connect and integrate them.
With regard to the advertising cookies that we use, we give the right to any USER of the SITE not to give his agreement on this subject when collecting his data. It also has the possibility to disable these cookies under the Terms and conditions of the article "Deleting cookies" below.
b) Right to object to the installation of the cookie
The USER has the possibility to block, modify the storage period, or delete this cookie via the interface of his browser (usually: tools or options / privacy or confidentiality). In such a case, navigation on this SITE will not be optimized. If the systematic deactivation of cookies on the USER's browser prevents him from using certain services or functionalities provided by DESIGN MARKET, this malfunction shall in no way constitute damage to the USER, who shall not be entitled to any compensation as a result.
c) Deleting cookies
Any USER also has the possibility to delete cookies previously present on his computer, by going to the menu of their browser provided for this purpose (generally: tools or options / privacy or confidentiality). Such action has no impact on his browsing on this SITE, but causes the USER to lose all the benefit provided by the cookie. In this case, he will have to re-enter all the information concerning him.
DESIGN MARKET provides the CLIENT with a Customer Service by telephone at the following number: +33 1.84.13.18.13 (number not surcharged), available from Monday to Friday from 9:30 to 12:30 and from 13:30 to 18:30 (UTC +1)
Any written complaint from the CLIENT must be sent by e-mail to contact@design-mkt.com or by post to: DESIGN MARKET - 27 rue de Paris - 92100 Boulogne-Billancourt, France.
DESIGN MARKET will endeavour to provide a response within two (2) business days.
All textual, visual and sound 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. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request DESIGN MARKET's written authorization.
This authorization from DESIGN MARKET will under no circumstances be granted definitively. This link must be deleted at the request of DESIGN MARKET. Hypertext links 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 content, by any means whatsoever, without the express prior authorization of DESIGN MARKET, is prohibited.
The acceptance of these Terms and Conditions of Sale constitutes recognition by the USERS of DESIGN MARKET's intellectual property rights and an undertaking to respect them.
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these Terms and Conditions shall not affect the validity of these Terms and Conditions. Such modification or decision shall in no way entitle CUSTOMERS to disregard these Terms and Conditions.
Any terms and conditions not expressly provided for herein shall be governed in accordance with the practice of the retail trade sector, for companies whose registered office is located in France.
These Terms and Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The Terms and Conditions are precisely dated and may be modified and updated by DESIGN MARKET at any time.
The applicable Terms and Conditions are those in force at the time of the ORDER.
The modifications made to the Terms and Conditions will not apply to PRODUCTS already purchased.
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 SHALL HAVE JURISDICTION.
However, prior to any recourse to the arbitral or state judge, the CLIENT is invited to contact DESIGN MARKET.
If no agreement is reached or if the CLIENT justifies having previously attempted to resolve his dispute directly with DESIGN MARKET by a written complaint, then an optional mediation procedure will be proposed, 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 its validity.
To initiate this mediation, the CLIENT may contact the CLIENT's mediator: MEDYCIS, whose contact details are:
MEDYCIS - Centre de médiation et de règlement amiable des huissiers de justice - 73, Boulevard de Clichy 75009 PARIS, FRANCE and which can be accessed via this link: https://conso.medicys.fr
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the conflict.
As mediation is not mandatory, the CLIENT or DESIGN MARKET may withdraw from the process at any time.
IN THE EVENT THAT MEDIATION FAILS OR IS NOT CONSIDERED, THE DISPUTE THAT MAY HAVE GIVEN RISE TO MEDIATION WILL BE REFERRED TO THE COMPETENT COURT DESIGNATED ABOVE.
Principle of withdrawal
The CLIENT has the right to withdraw from the contract by returning the PRODUCT to DESIGN MARKET.
To this end, the PRODUCT must be returned without undue delay, and at the latest within fourteen (14) days following the communication of its decision to withdraw, unless DESIGN MARKET offers to pick up the PRODUCT itself.
Withdrawal period
In accordance with the European law, 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, physically takes possession of the PRODUCT.
In the event that 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, physically takes possession of the last PRODUCT delivered.
Notification of the right of withdrawal
To exercise its right of withdrawal, and in accordance with European laws, the CLIENT must notify its decision to withdraw by means of an unambiguous statement (for example, letter sent by post or e-mail) to: DESIGN MARKET - 59 Boulevard Exelmans - 75016 Paris, France or by e-mail to contact@design-mkt.com.
He can also use the form below:
RETRACTATION FORM
To the attention of DESIGN MARKET - 59 boulevard Exelmans - 75016 Paris, France
Telephone number: +33 1.84.13.18.13
E-mail address: contact@design-mkt.com
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 [__________________]
- Method of payment used: [ _____________________________]
- Name of the CLIENT and, if applicable, of the beneficiary of the order: [__________________________]
- CLIENT's address: [_________________________________________________________________________]
- Delivery address:[____________________________________________________________________ ]
- CLIENT's signature (except in the case of transmission by e-mail)
- Date
In order for the withdrawal period to be respected, the CLIENT must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of retraction by the CLIENT, DESIGN MARKET undertakes to refund all sums paid, including shipping costs (with the exception of additional shipping costs resulting, where applicable, from the CLIENT's choice of a delivery method other than the standard delivery method proposed by DESIGN MARKET).
Thus, in the event that the CLIENT exercises his right of withdrawal, he shall only have to bear the cost of returning the PRODUCTS.
Refund shall be made without undue delay and, in any event, no later than fourteen (14) days from the day DESIGN MARKET receives the returned PRODUCT.
DESIGN MARKET may defer refund until the PRODUCT is received or until the CLIENT has provided proof of shipment of the goods, whichever comes first.
DESIGN MARKET will refund using the same method of payment as the CLIENT used for the initial transaction, unless the CLIENT and DESIGN MARKET expressly agree on a different method, in any event, this refund will not incur any costs for the CLIENT.
Methods of return
The CLIENT shall, without undue delay and in any event not later than fourteen (14) days after notification of his decision to withdraw from this contract, return the PRODUCT to the address indicated by DESIGN MARKET.
This deadline is deemed to have been met if the CLIENT returns the property before the expiry of the fourteen (14) day deadline.
Return costs
The CLIENT shall bear the direct costs of returning the PRODUCT. In all cases, it is the CLIENT's responsibility to return it by himself, at his own expense.
Condition of the products returned
The PRODUCT must be returned in accordance with the instructions of DESIGN MARKET and include all accessories delivered.
The CLIENT shall only be liable for the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CLIENT has the possibility to test the PRODUCT but his responsibility can be engaged if he carries out manipulations other than those necessary.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in particular in the following cases:
Delivery areas
The PRODUCTS offered can only be delivered on the TERRITORY. It is impossible to place an ORDER for any delivery address outside this TERRITORY. PRODUCTS are shipped to the DELIVERY address indicated by the CLIENT during the ORDER process, on the ground floor only, and by means of a vehicle that can reach the gauge of a semi-trailer truck.
CLIENTS residing on an island and wishing to order a bulky piece of furniture are invited to contact DESIGN MARKET prior to any ORDER. They declare that they are informed that any additional transport costs will be charged, under penalty of cancellation of the ORDER<em >.
The following areas are excluded from the standard shipping rates displayed on the SITE:
(this list is not exhaustive, you might be asked for additional shipping charges for remote areas)
For any orders to these areas, please send an email to contact@design-mkt.combefore you place your order in order to receive a personalized shipping quotation.
In addition, in case of delivery in particular areas and outside EU, the CLIENT is informed that any customs duties and other taxes that may be due will be at his sole expense.
Preparation time
The time required to prepare an ORDER varies depending on the PRODUCTS from one (1) to fifteen (15) days.
An email will automatically be sent to the CLIENT when the PRODUCTS are dispatched, provided that the electronic address given in the registration form is correct.
Delivery times & Costs
During the ordering process, DESIGN MARKET indicates to the CLIENT the possible shipping times and options for the PRODUCTS purchased.
Shipping fees are defined according to the delivery option chosen by the CLIENT.
These shipping fees will be due by the CLIENT in addition to the price of the PRODUCTS purchased.
The details of shipping times and costs are indicated on the SITE.
In some cases, depending on the PRODUCTS and the Delivery Area, shipping fees may only be accessible on request for a shipping quotefrom DESIGN MARKET, formulated through the SITE. In this case, DESIGN MARKET undertakes to reply within two (2) working days. As part of a request for a shipping quote, the CLIENT is informed that the PRODUCTS concerned will always be offered for sale on the SITE during the shipping quotation process. The CLIENT hereby accepts that these PRODUCTS or some of them may therefore no longer be available at the time of the ORDER confirmation.
In the absence of any indication or agreement as to the delivery date, DESIGN MARKET shall deliver the PRODUCT without undue delay and at the latest sixty (60) days after the conclusion of the contract.
However, the CLIENT is informed that DESIGN MARKET uses external carriers to deliver its PRODUCTS. As such, according to the PRODUCT ordered, the CLIENT agrees to communicate to the carrier his telephone number so that he can contact him to set up a delivery date and time.
Delivery options
PRODUCT DELIVERY can be carried out by parcel post or by specialized carriers, depending on the type and size of the products:
1) DELIVERY OF SMALL PRODUCTS
DELIVERY is carried out in parcels, by post via a postal service, depending on the country of delivery. The parcel will be delivered to the CLIENT against signature.
In the event of absence, a delivery slip will be left with the CLIENT, in order to allow him to pick up his parcel at his post office or relay point, when the PRODUCT allows it.
2) DELIVERY OF BULKY PRODUCTS
The DELIVERY of bulky products is carried out via specialized carriers (under crate or simply under blankets, depending on PRODUCTS and shipping areas).
Unless otherwise indicated on the SITE, the DELIVERY of bulky PRODUCTS will be made to the address indicated by the CLIENT, on the ground floor only, and by means of a vehicle that can reach the gauge of a semi-trailer truck. The CLIENT undertakes to guarantee the accessibility of the delivery location to this type of vehicle.
In some cases, DESIGN MARKET will offer the CLIENT additional DELIVERY services for the PRODUCTS on floors and/or installation of the PRODUCTS at home. In this case, in addition to guaranteeing the accessibility of the place of DELIVERY to the aforementioned vehicle, the CLIENT undertakes that the PRODUCTS may be mounted via the elevator or via the stairs of the building at the place of DELIVERY.
In the event of the CLIENT's absence on the day and time of the DELIVERY set up in advance, additional shipping fees or new DELIVERY will be charged in accordance with the terms expressed in the chapter "shipping issues".
Shipping issues
It is specified that deliveries will be made within a maximum of sixty (60) days. Failing this, the CLIENT must give notice to DESIGN MARKET to deliver within a reasonable time and in the event of non-delivery within this time, it may terminate the contract.
DESIGN MARKET will refund, without undue delay from the receipt of the termination letter, to the CLIENT the total amount paid for the PRODUCTS, including taxes and shipping costs, using the same method of payment as that used by the CLIENT to purchase the PRODUCTS.
If the DELIVERY could not be carried out because of the impossibility of accessing the accommodation with the aforementioned vehicle or the impossibility of assembling the PRODUCTS on the floor, or the CLIENT's absence on the day and time of the DELIVERY fixed in advance, additional costs for new delivery will be charged to the CLIENT:
In the event of a new delivery required, the delivery time is extended by a maximum of fourteen (14) days compared to the delivery date initially planned.
If the DELIVERY of a parcel could not be carried out because of the CLIENT's absence, the CLIENT undertakes to collect his parcel at the designated post office within the time limits set.
In the event that the CLIENT has not collected his parcel within the time limits set, the CLIENT shall bear the cost of reshipping the parcel.
In the event of DELIVERY of a clearly damaged package, it is the CLIENT's responsibility to refuse it. The CLIENT must immediately inform DESIGN MARKET by email at: contact@design-mkt.com
DESIGN MARKET is responsible until the DELIVERY of the PRODUCT to the CLIENT. It is recalled that the CLIENT has a period of three (3) days to notify the carrier of any damage or partial loss noted at the time of delivery. In the absence of notification of its justified protest, the CLIENT may no longer take action against the carrier for damage or partial loss (the delivery note signed by the CLIENT without reservation of damaged article(s), missing part(s) or part(s) which do not correspond, constitutes acceptance of the CLIENT's order in full and in perfect condition).
The CLIENT may not claim any compensation or reimbursement in the absence of notification within the time limits set.
In the event of a problem related to the DELIVERY, the CLIENT must provide any justification as to the reality of the defects found, DESIGN MARKET reserving the right to proceed, directly or indirectly, to any observation and verification on the spot. The return of non-conforming PRODUCTS is subject to prior acceptance of DESIGN MARKET.
© Design Market - All rights reserved
You are a TRADE/BUSINESS? Please, hereunder the terms and conditions for the sale of our products to trade/business customers.
PREAMBLE
These terms and conditions of sale (hereinafter the "Terms and Conditions") apply to any purchase made by an Internet user (hereinafter the "CLIENT") on the website https://www.design-mkt.com/(hereinafter the "SITE") from DESIGN MARKET, an SAS company with a capital of 7,829.52 euros, registered in the Nanterre Trade and Companies Register under number 803 323 252, located at 27 rue de Paris - 92100 Boulogne-Billancourt, France. Tel: +33 1 84 13 18 13, Email: contact@design-mkt.com (hereinafter "DESIGN MARKET").
DESIGN MARKET sells through its SITE furniture goods and decorative items.
The purpose of these Terms and Conditions is to supervise the sale and DELIVERY of PRODUCTS ordered from DESIGN MARKET via the SITE. They can be accessed and printed at any time via a hypertext link available on the SITE's home page.
IMPORTANT: Any order placed on the SITE necessarily implies the CLIENT's unreserved acceptance of these terms and conditions of sale.
The terminology used below have the following meanings in these Terms and Conditions:
"CLIENT": refers to DESIGN MARKET’s co-contractor, who guarantees to proceed professionally to the purchase of the PRODUCTS proposed by DESIGN MARKET.
"ORDER": refers to the purchase of PRODUCTS by a CLIENT of DESIGN MARKET.
"ACCOUNT": refers to all the data provided by the CLIENT, hosted on the SITE. Access to the ACCOUNT is through the CLIENT's IDENTIFIERS and allows access to the CLIENT's PERSONAL SPACE.
"PERSONAL SPACE": refers to the space dedicated to the CLIENT associated with his ACCOUNT, which allows to manage all the ORDERS placed through the SITE.
"IDENTIFIERS": refers to the email address and password chosen by the CLIENT, necessary for access to his ACCOUNT on the SITE.
"DELIVERY": refers to the first delivery of the PRODUCTS ordered by the CLIENT at the delivery address indicated during the ORDER.
"PRODUCTS": refers to all furniture goods and decorative items marketed by DESIGN MARKET and offered for sale on the SITE. PRODUCTS can be new or second hand.
"SITE": refers to the website accessible at the following address: https://www.design-mkt.com/
"TERRITORY": refers to the whole world, unless otherwise indicated to CUSTOMERS on the SITE when ORDERING.
"USER": refers to any person who accesses and browses the SITE, whether a CLIENT or a simple Internet user.
These Terms and Conditions govern the sale of PRODUCTS by DESIGN MARKET to its professional CLIENTS.
The CLIENT is clearly informed and acknowledges that the SITE is intended for private individuals and professionals but that these Terms and Conditions of Sale only govern the sale of PRODUCTS to professionals.
If you are a private individual, the contractual conditions governing your transaction with DESIGN MARKET are available in the “INDIVIDUAL” part of this page.
The CLIENT undertakes to read these Conditions carefully and accept them, before proceeding to the payment of an order for PRODUCTS placed on the SITE.
These Terms and 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 CLIENT is invited to read carefully, download, print and keep a copy of the Terms and Conditions.
DESIGN MARKET advises the CLIENT to read the Terms and Conditions with each new order, the latest version of which applies to all new orders for PRODUCTS.
The acceptance of these Terms and Conditions is materialized by a box which must be effectively ticked by the CLIENT when ordering the PRODUCTS on the SITE.
By clicking to place the order and then confirming said order, the CLIENT acknowledges having read, understood and accepted the Terms and Conditions without limitation or condition.
To be able to purchase a PRODUCT, the CLIENT must be at least 18 years old and have legal capacity or, if he is a minor, be able to prove the agreement of his legal representatives.
4.1. Time of registration
To be able 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 to register during their first visit to the SITE.
In any case, he must register at the latest at the time of validation of his order under the conditions of Article 5 hereof.
4.2. Registration process
For the purpose of opening his ACCOUNT on the SITE, the CLIENT must:
- Fill in the form provided for this purpose and fill in all the required information, including their surname, first name, email address, telephone number and delivery address. He must provide all the information marked as mandatory. The sign (*) indicates the mandatory fields that must be completed for the CLIENT's entry to be processed by DESIGN MARKET.
- Choose IDENTIFIERS, i. e. an email address, as well as a password, which can be modified 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 CLIENT to confirm, by any appropriate means and at any time, its identity, eligibility and the information provided.
The information that the CLIENT provides to DESIGN MARKET at the time of registration must be complete, accurate and up to date. DESIGN MARKET reserves the right to ask the CLIENT to confirm, by any appropriate means, its identity, eligibility and the information provided.
The registration of CUSTOMERS automatically leads to the creation of an ACCOUNT in their name, giving them access to a PERSONAL SPACE that allows them to manage their PRODUCT ORDERS.
CUSTOMERS guarantee that all the information they provide in the registration form is accurate, up-to-date and sincere, and is not misleading in any way.
They undertake to update this information without delay in their PERSONAL SPACE 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 SPACE at any time after identifying themselves with their IDENTIFIERS.
The PERSONAL SPACE allows the CLIENT to view all his orders placed on the SITE, and also allows him, if necessary, to follow the DELIVERY of the PRODUCTS.
DESIGN MARKET undertakes, however, to securely store all contractual elements whose storage is required by law or regulation in force.
In the event of a breach of these provisions relating to the registration of a CLIENT, DESIGN MARKET may send an e-mail to the USER and will allow him a period of seven (7) working days to comply with these provisions. This e-mail will indicate the alleged grievances as well as the obligations allegedly not respected. At the end of this period, DESIGN MARKET may suspend the CLIENT's ACCOUNT. If the CLIENT fails to comply within a further seven (7) days, DESIGN MARKET may delete its ACCOUNT. In the event of pending ORDERS, they must be paid for by the CLIENT and delivered by DESIGN MARKET. Such deletion shall not be likely to constitute damage to the excluded CLIENT, who shall not be entitled to any compensation as a result.
This exclusion is not exclusive of the possibility for DESIGN MARKET to take legal action against the CLIENT, when the facts justify it.
4.3 Strictly personal use
The CLIENT undertakes to use the services personally, and not to allow any third party to use them in its place or for its own account, including another CLIENT, unless it bears full responsibility.
The CLIENT 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.
In the event that the CLIENT notices that his ACCOUNT has been used without his knowledge, he undertakes to notify DESIGN MARKET as soon as possible, by any means. CUSTOMERS acknowledge that DESIGN MARKET has the right to take all appropriate measures in such cases.
5.1. Product features
DESIGN MARKET sells new or second-hand PRODUCTS, which include rare parts, sometimes available in a single copy.
PRODUCTS are sold new, as is, or restored, as indicated for each PRODUCT in its Information Sheet.
In the event of the purchase of second-hand PRODUCTS, the CLIENT hereby acknowledges and accepts that these PRODUCTS may contain traces, scratches or restorations.
The purchase of an old and second-hand PRODUCT implies, on CLIENT side, the acceptance and full knowledge of the wear and tear of the PRODUCT, its age and fragility, which also make it valuable and unique.
The PRODUCTS offered for sale on the SITE, whether new or second-hand, are mainly 20th and 21st century pieces, produced between the 1940s and today. Each PRODUCT Information Sheet clearly indicates the PRODUCT issuing date.
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 mandatory 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 European legislation.
However, the CLIENT accepts that second-hand PRODUCTS may not comply with current standards.
5.2. Ordering process
PRODUCTS ORDERS are placed directly on the SITE. To place an order, the CLIENT must follow the steps described below (please note, however, that depending on the CLIENT's start page or terminal, the steps may differ slightly).
5.2.1. Selection of PRODUCTS and purchase options
The CLIENT must select the PRODUCT(s) of his choice by clicking on the PRODUCT(s) concerned and clicking on "Add to Cart". Once the PRODUCT has been selected, the PRODUCT is placed in the CLIENT's basket. The latter can then add to his basket as many PRODUCTS as he wishes by clicking on "Continue shopping" or finish his ORDER by clicking on "Order".
5.2.2. Ordering information
Once the PRODUCTS have been selected and placed in his basket, the CLIENT must click on the basket and check that the content of his order is correct. If the CLIENT has not yet done so, he will then be asked to identify himself or register.
Once the CLIENT has validated the contents of the basket and has identified or registered, an online form will appear to the CLIENT, automatically completed and summarizing the price, applicable taxes and shipping fees.
The CLIENT is invited to check the content of his ORDER (including the quantity, characteristics and references of the PRODUCTS ordered, the invoicing address, the means of payment and the price) before validating its content.
The CLIENT may then proceed to the payment of the PRODUCTS by following the instructions on the SITE and provide all the information necessary for 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 the information necessary for the proper processing of the ORDER.
The CLIENT must also select the DELIVERY mode.
The CLIENT must also select the payment method and tick the box confirming his acceptance without reservation of the SITE's Terms and Conditions of Sale.
5.2.3. Order confirmation
Once all the steps described above are completed, a page appears on the SITE to confirm the CLIENT's order. A copy of the order confirmation is automatically sent to the CLIENT by e-mail, provided that the e-mail address communicated via the registration form is correct.
DESIGN MARKET does not send any order confirmation by post or fax.
5.2.4. Prices
For all PRODUCTS, the CLIENT will find on the SITE prices displayed in euros all taxes included, as well as the applicable shipping fees (depending on the applicable delivery method and area).
Prices include value added tax (VAT) at the rate in force on the date of order. Any change in the applicable rate may impact the price of PRODUCTS as of the effective date of the new rate.
The prices of DESIGN MARKET suppliers are subject to change. As a result, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales.
The prices indicated are valid, unless there is a gross error. The applicable price is the one indicated on the SITE on the date on which the order is placed by the CLIENT.
In the event of delivery to the French overseas departments and territories and outside the European Union, the CLIENT is informed that customs duties and other taxes may apply. The CLIENT shall be responsible for the necessary formalities and the payment of the said duties and taxes.
In the event of default or late payment, DESIGN MARKET applies late payment penalties as follows:
Penalties for late payment = (amount including VAT of the invoice * 3 * LEGAL RATES APPLICABLE FOR THE HALF) * (number of days late in the semester / 365)
The APPLICABLE LEGAL RATE refers to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 %.
Late payment penalties are due the day following the payment date on the invoice without the need for a reminder. Any CLIENT in case of late payment is automatically liable to the creditor for a lump sum compensation for recovery costs in the amount of 40 euros. When the recovery costs incurred exceed the amount of this fixed indemnity, DESIGN MARKET may request additional compensation, upon justification.
5.2.5. Invoicing
During the ordering process, the CLIENT must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CLIENT's order to be processed by the DESIGN MARKET).
In particular, the CLIENT must clearly indicate all information relating to the DELIVERY, in particular the exact address of the DELIVERY, as well as any access code to the address of the DELIVERY.
The CLIENT must also specify the chosen payment method.
The order form that the CLIENT issues online does not constitute an invoice. Regardless of the order or payment method used, the CLIENT will receive an order confirmation by e-mail, as well as a purchase invoice. The invoice can be attached to the order confirmation, or sent in another separate email.
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 time limits indicated on the SITE only start to run from this date.
5.4. Availability of PRODUCTS
DESIGN MARKET undertakes to deliver the PRODUCT within the time limit indicated to the CLIENT, unless the parties have agreed otherwise.
In the event that a PRODUCT is unavailable, DESIGN MARKET may, and if the parties agree, offer an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CLIENT decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for unavailable PRODUCTS at the latest within thirty (30) days of payment.
As part of a quotation request formulated for the DELIVERY of certain PRODUCTS, the CLIENT is informed that the PRODUCTS concerned will always be offered for sale on the SITE during the quotation request process. The CLIENT hereby accepts that these PRODUCTS or some of them may therefore no longer be available at the time of validation of the ORDER.
6.1. Payment methods
The CLIENT can pay for his PRODUCTS online on the SITE according to the means proposed 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.
The CLIENT guarantees DESIGN MARKET that it holds all the authorizations required to use the chosen means of payment.
DESIGN MARKET will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the SITE.
It is hereby specified that all confidential payment information provided on the SITE is transmitted to the SITE bank in a totally secure manner and is not processed on the SITE or by DESIGN MARKET.
6.2. Payment date
In the event of a single payment by credit card, the CLIENT's bank account will be debited as soon as PRODUCTS are ordered on the SITE.
The delivery periods mentioned at the time of the ORDER and in Annex 1 hereto shall only start to run from the effective date of receipt of payment by DESIGN MARKET.
If the CLIENT decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.4 of these Terms and Conditions.
6.3. 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 CLIENT does not receive payment from the CLIENT 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 would prove impossible, the order would be cancelled and the sale automatically terminated.
DESIGN MARKET remains the owner of the PRODUCTS until full payment of the price, in principal, interest and accessories, even if payment terms are granted.
Any clause to the contrary, in particular inserted in the CLIENT's terms and conditions of sale, shall be deemed unwritten.
As such, if the CLIENT is subject to a receivership or judicial liquidation, DESIGN MARKET reserves the right to claim, in the context of the collective proceedings, the PRODUCTS sold and unpaid.
As from the DELIVERY, the CLIENT is constituted as the depositary and custodian of the said PRODUCTS.
In the event of non-payment and unless DESIGN MARKET prefers to request the full execution of the sale, DESIGN MARKET reserves the right to consider the sale as cancelled for fault, after a formal notice of default of 15 days and to claim the delivered goods, the return costs remaining the responsibility of the CLIENT and the payments made being acquired by DESIGN MARKET as a criminal clause.
Unless otherwise agreed by the Parties, the transfer to the CLIENT of the risks of theft, loss, damage or destruction shall take place upon delivery or in the event of delivery to a carrier upon delivery of the goods to the first carrier.
The terms and conditions for DELIVERY of PRODUCTS are set out in the "Shipping Policy" referred to in Annex 1 hereto and accessible at the bottom of each page of the SITE via a hypertext link "Shipping and Returns".
PRODUCTS will be packed in accordance with the transport standards in force, in order to guarantee maximum protection for the PRODUCTS, particularly during DELIVERY.
Depending on the type of PRODUCTS, some will not be packaged but transported by a specialized carrier under cover, or in a wooden crate.
Apart from the commercial guarantees that DESIGN MARKET could offer for certain PRODUCTS, any CLIENT benefits from the guarantee for hidden defects in the PRODUCT.
DESIGN MARKET is bound by the warranty for hidden defects in the PRODUCT sold that make it unfit for the use for which it is intended, or that reduce this use to such an extent that the CLIENT would not have acquired it or would have given it a lower price if he had known them.
This warranty allows the CLIENT who can prove the existence of a hidden defect to choose between the refund of the PRODUCT price if it is returned or the refund of part of its price if the PRODUCT is not returned.
In the event that replacement or repair is impossible, DESIGN MARKET undertakes to refund the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT.
The action resulting from hidden defects must be brought by the CLIENT within two (2) years of the discovery of the defect.
Unless otherwise provided by public policy, DESIGN MARKET shall not be liable for any damage of any kind whatsoever resulting directly or indirectly from the use or inability to use the PRODUCTS, in particular:
- DESIGN MARKET shall not be liable for the occurrence of any special, indirect or incidental damage, such as, in particular, loss of production, loss of profits, even if the CLIENT has been informed of the possibility of such damage or loss occurring;
- DESIGN MARKET shall not be liable for the loss or destruction of any property, damage or expense resulting directly or indirectly from the use, misuse, or inability to use the PRODUCT by the CLIENT, independently or in combination with another product;
- DESIGN MARKET will not be liable for any commercial loss of any kind whatsoever;
- DESIGN MARKET will under no circumstances be required to provide replacement equipment.
Under no circumstances shall DESIGN MARKET's contractual liability, as it may be incurred pursuant to these Terms and Conditions, exceed the amount of sums paid or still to be paid by the CLIENT for the purchase of the PRODUCT in question.
DESIGN MARKET may under no circumstances be held liable in the event of non-performance or improper performance of contractual obligations attributable to the CLIENT, in particular when entering his ORDER.
DESIGN MARKET may not be held liable, or considered to have failed to comply herewith, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case law of the French courts and tribunals.
It is also specified that DESIGN MARKET does not control websites that are directly or indirectly linked to the SITE. Consequently, it excludes any liability for the information published in it. Links to third party websites are provided for information purposes only and no warranty is given as to their content.
Finally, DESIGN MARKET cannot be held responsible for the misuse of the PRODUCTS, the improper maintenance of the PRODUCTS, or the abusive or improper use of the PRODUCTS after their DELIVERY.
DESIGN MARKET cannot be held liable if the non-execution or delay in the execution of one of its obligations described in these Terms and Conditions results from a case of force majeure.
Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably have been foreseen at the time the contract was concluded and whose effects 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 is automatically terminated and the parties are released from their obligations.
In this respect, DESIGN MARKET may not be held liable in particular in the event of an attack by hackers, unavailability of equipment, supplies, spare parts, personal or other equipment, interruption of electronic communications networks, as well as in the event of the occurrence of any circumstance or event beyond the control of DESIGN MARKET occurring after the conclusion of the Terms and Conditions and preventing its execution under normal conditions.
It is specified that, in such a situation, the CLIENT may not claim any compensation and may not bring any action against DESIGN MARKET.
In the event of one of the above-mentioned events, DESIGN MARKET will endeavour to inform the CLIENT as soon as possible.
14.1 General provisions
DESIGN MARKET collects on the SITE personal data concerning its CLIENTS.
The data collected by DESIGN MARKET is used to process orders placed on the SITE, manage the CLIENT's account, analyze orders, and ensure the proper administration of the SITE.
By subscribing to the Newsletter on the SITE's homepage, or by checking the box provided for this purpose when registering, the USER accepts that DESIGN MARKET may send him/her a newsletter that may include information relating to his/her activity, news and promotional offers. This Newsletter will only cover products and services similar to those offered on the SITE.
Any USER will have the possibility to unsubscribe from the Newsletter at any time, by sending an email to the following address: newsletter@design-mkt.com or by clicking on the hypertext link provided for this purpose within each Newsletter.
Any USER also has the possibility to subscribe to the DESIGN MARKET Partners Newsletter by checking the box provided for this purpose when creating his ACCOUNT or on the SITE forms provided for this purpose.
Any USER will have the possibility to unsubscribe from the Newsletter at any time, by contacting the partner directly or by clicking on the link provided for this purpose within each Newsletter
The CLIENT's data are kept confidential by DESIGN MARKET in accordance with its declaration made to the CNIL under number 1640140, for the purposes of the contract, its execution and in compliance with the law.
The data may be communicated, in whole or in part, to DESIGN MARKET service providers involved in the ordering process, and in particular to companies responsible for the DELIVERY of PRODUCTS.
It is reminded that the CLIENT whose personal data are processed has the right to access, rectify, update, portability and delete information concerning him/her, in accordance with the European General Data Protection Regulation (GDPR).
In accordance with the GDPR, the CLIENT may also, for legitimate reasons, object to the processing of data concerning him, without reason and without charge.
The CLIENT may exercise these rights, either by sending an e-mail to contact@design-mkt.com or by sending a letter to the following address: DESIGN MARKET 59 boulevard Exelmans - 75016 Paris, France by proving its identity.
The USER is invited to consult the Charter on the protection of the personal data of DESIGN MARKET Users available at the following address https://www.design-mkt.com/content/17-personal-data-protection which will provide further information about personal data protection, and the processing carried out via the SITE, in connection with the GDPR
14.2. Cookies
By using the SITE, the USER agrees that the SITE may use cookies in accordance with these provisions.
a) - Purpose - Duration
In order to allow the USER an optimal navigation on this SITE as well as a better functioning of the various interfaces and applications, DESIGN MARKET may install a cookie on his computer. This cookie makes it possible to store information 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 intended to be stored on the USER's computer for a variable period of up to 13 months, and may be read and used by DESIGN MARKET during a subsequent visit by the USER to this SITE.
We use cookies to:
- Statistics: Measure SITE traffic, the number of visits to the SITE, which domains visitors come from, which pages are visited on the SITE and in which geographical area visitors are located.
- Improve SITE operation: Optimize your experience, including helping you remember your username and password when you return to the SITE and thus connect without having to log in again.
- Connecting to Social Networks: We offer you the possibility to connect to Social Networks, such as Facebook.
- Quality assurance: Ensure the quality of evaluations and prevent abuse or irregularities in the drafting of evaluations and the use of the SITE.
- Target Advertising: Display specific ads on the SITE that we think you may be interested in.
The SITE uses cookies from the following third parties:
- Google Analytics: for statistical purposes.
- Google Adwords, Google Shopping, Bing Ads, Criteo, Skaze, Facebook Ads: 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 in order to connect and integrate them.
- Twitter: set up by Twitter if you interact with the Twitter plugin or if it is already connected to Twitter from another source in order to connect and integrate them.
- Google +: set up by Google if you interact with the Google plugin or if it is already connected to Google from another source in order to connect and integrate them.
- Pinterest: set up by Pinterest if you interact with the Pinterest plugin or if it is already connected to Pinterest from another source in order to connect and integrate them.
- Instagram: set up by Instagram if you interact with the Instagram plugin or if it is already connected to Instagram from another source in order to connect and integrate them.
With regard to the advertising cookies that we use, we give the right to any USER of the SITE not to give his agreement on this subject when collecting his data. It also has the possibility to disable these cookies under the Terms and Conditions of the article "Deleting cookies" below.
b) Right to object to the installation of the cookie
The USER has the possibility to block, modify the storage period, or delete this cookie via the interface of his browser (usually: tools or options / privacy or confidentiality). In such a case, navigation on this SITE will not be optimized. If the systematic deactivation of cookies on the USER's browser prevents him from using certain services or functionalities provided by DESIGN MARKET, this malfunction shall in no way constitute damage to the USER, who shall not be entitled to any compensation as a result.
c) Deleting cookies
Any USER also has the possibility to delete cookies previously present on his computer, by going to the menu of their browser provided for this purpose (generally, tools or options / privacy or confidentiality). Such action has no impact on his browsing on this SITE, but causes the USER to lose all the benefit provided by the cookie. In this case, he will have to re-enter all the information concerning him.
DESIGN MARKET provides the CLIENT with a Customer Service by telephone at the following number: +33 1.84.13.18.13 (number not surcharged), available from Monday to Friday from 9:30 to 12:30 and from 13:30 to 18:3 (UTC +1)
Any written complaint from the CLIENT must be sent by e-mail to contact@design-mkt.comor by post to: DESIGN MARKET - 27 rue de Paris - 92100 Boulogne-Billancourt, France.
DESIGN MARKET will endeavour to provide a response within two (2) business days.
All textual, visual and sound 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. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request DESIGN MARKET's written authorization.
This authorization from DESIGN MARKET will under no circumstances be granted definitively. This link must be deleted at the request of DESIGN MARKET. Hypertext links 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 content, by any means whatsoever, without the express prior authorization of DESIGN MARKET, is prohibited.
The acceptance of these Terms and Conditions of Sale constitutes recognition by the USERS of DESIGN MARKET's intellectual property rights and an undertaking to respect them.
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these Terms and Conditions shall not affect the validity of these Terms and Conditions. Such modification or decision shall in no way entitle CUSTOMERS to disregard these Terms and Conditions.
Any terms and conditions not expressly provided for herein shall be governed in accordance with the practice of the retail trade sector, for companies whose registered office is located in France.
These Terms and Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The Terms and Conditions are precisely dated and may be modified and updated by DESIGN MARKET at any time.
The applicable Terms and Conditions are those in force at the time of the ORDER.
The modifications made to the Terms and Conditions will not apply to PRODUCTS already purchased.
The Commercial Court having jurisdiction over the registered office of DESIGN MARKET shall have jurisdiction to hear any dispute concerning the application of these Terms and Conditions and their interpretation, execution and subsequent contracts of sale concluded by DESIGN MARKET, or concerning the payment of the price, even in the event of multiple debtors, calls for guarantees or summary proceedings.
However, DESIGN MARKET reserves the right to bring the CLIENT before the Commercial Court in whose jurisdiction the CLIENT has its registered office. These Terms and Conditions as well as the relationship between the CLIENT and DESIGN MARKET are governed by French law.
However, prior to any recourse to the arbitral or State judge, preference shall be given to negotiation in a spirit of loyalty and good faith with a view to reaching an amicable agreement in the event of any dispute arising relating to these Terms and Conditions, including its validity.
The Party wishing to implement the negotiation process shall inform the other Party by registered letter with acknowledgement of receipt indicating the elements of the conflict. If, after a period of fifteen (15) days, the Parties are unable to reach agreement, the dispute shall be submitted to the competent court designated below.
Throughout the negotiation process and until its conclusion, the Parties refrain from taking any legal action against each other and for the conflict under negotiation. By way of exception, the PARTIES are entitled to apply to the court for interim measures or to request an order on request. Any action before the court for interim relief or the implementation of a procedure on request shall not entail any waiver on their part of the amicable settlement clause, unless they expressly request otherwise.
Delivery areas
The PRODUCTS offered can only be delivered on the TERRITORY. It is impossible to place an ORDER for any delivery address outside this TERRITORY. PRODUCTS are shipped to the DELIVERY address(es) indicated by the CLIENT during the ORDER process, on the ground floor only, and using a vehicle that can reach the gauge of a semi-trailer truck.
CLIENTS residing on an island and wishing to order a large part are invited to contact DESIGN MARKET prior to any ORDER. They declare that they are informed that any additional transport costs will be entirely at their own expense, under penalty of cancellation of the ORDER.
The following areas are excluded from the standard shipping rates displayed on the SITE:
(this list is not exhaustive, you might be asked for additional shipping charges for remote areas)
For any orders to these areas, please send an email to contact@design-mkt.com before you place your order in order to receive a personalized shipping quotation.
In addition, in case of delivery in particular areas and outside EU, the CLIENT is informed that any customs duties and other taxes that may be due will be at his sole expense.
Preparation time
The time required to prepare an ORDER varies according to the PRODUCT from one (1) to fifteen (15) days.
An email will automatically be sent to the CLIENT when the PRODUCTS are dispatched, provided that the electronic address given in the registration form is correct.
Delivery times and Costs
During the ordering process, DESIGN MARKET indicates to the CLIENT the possible delivery times and options for the PRODUCTS purchased.
Shipping fees are defined according to the delivery option chosen by the CLIENT.
These shipping fees will be due by the CLIENT in addition to the price of the PRODUCTS purchased.
The details of shipping times and costs are indicated on the SITE.
In some cases, depending on the PRODUCTS and the Delivery Area, shipping fees may only be accessible on request for a shipping quote from DESIGN MARKET, request via the SITE. In this case, DESIGN MARKET undertakes to reply within two (2) working days. As part of a request for a shipping quote, the CLIENT is informed that the PRODUCTS concerned will always be offered for sale on the SITE during the shipping quotation process. The CLIENT hereby accepts that these PRODUCTS or some of them may therefore no longer be available at the time of the ORDER confirmation.
However, the CLIENT is informed that DESIGN MARKET uses external carriers to deliver its PRODUCTS. As such, according to the PRODUCT ordered, the CLIENT agrees to communicate to the carrier his telephone number so that he can contact him to set up a delivery date and time.
Delivery options
PRODUCT DELIVERY can be carried out by parcel post or by specialized carriers, depending on the type and size of the products:
1) DELIVERY OF SMALL PRODUCTS
DELIVERY is carried out in parcels, by post via a postal service, depending on the country of delivery. The parcel will be delivered to the CLIENT against signature.
In the event of absence, a delivery slip will be left with the CLIENT, in order to allow him to pick up his parcel at his post office or relay point, when the PRODUCT allows it.
2) DELIVERY OF BULKY PRODUCTS
Unless otherwise indicated on the SITE, the DELIVERY of bulky PRODUCTS will be made to the address indicated by the CLIENT, on the ground floor only, and by means of a vehicle that can reach the gauge of a semi-trailer truck. The CLIENT undertakes to guarantee the accessibility of the delivery location to this type of vehicle.
In some cases, DESIGN MARKET will offer the CLIENT additional services of DELIVERY of the PRODUCTS on floors and/or installation of the PRODUCTS at home. In this case, in addition to guaranteeing the accessibility of the place of DELIVERY to the aforementioned vehicle, the CLIENT undertakes that the PRODUCTS may be mounted via the elevator or via the stairs of the building at the place of DELIVERY.
In the event of the CLIENT's absence on the day and time of the DELIVERY set up in advance, additional shipping fees or new DELIVERY fees will be charged in accordance with the terms expressed in the chapter "SHIPPING ISSUES".
Shipping issues
The delivery time indicated in the ORDER is for information purposes only and is not guaranteed.
Consequently, any delay in making the products available will not result in the CLIENT benefiting from:
- The award of damages;
- The allocation of penalties;
- Cancellation of the ORDER.
If the DELIVERY could not be carried out because of the inaccessibility of the shipping vehicle or the impossibility of assembling the PRODUCTS on the floor, additional shipping fees or new delivery may be charged to the CLIENT. The amount of these additional costs will be equal to the initial DELIVERY costs.
It is the CLIENT's responsibility to check the PRODUCTS delivered as soon as they are delivered.
In the event of missing, damaged or apparently non-compliant products, the CLIENT must make all necessary reservations on the delivery note upon receipt of said PRODUCTS. In the event of DELIVERY of a clearly damaged package, it is the CLIENT's responsibility to refuse it. The CLIENT must inform DESIGN MARKET by email at: contact@design-mkt.com
Failing this, the CLIENT is deemed to have accepted the PRODUCTS without reservation.
The CLIENT must provide any justification as to the reality of the defects found, DESIGN MARKET reserving the right to proceed, directly or indirectly, to any observation and verification on the spot. The return of non-conforming PRODUCTS is subject to prior acceptance by DESIGN MARKET.
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