General terms and conditions of sale
Christiansen Design Terms and Conditions of Sale
CHRISTIANSEN DESIGN advises and accompanies its private and professional clients in the development of real estate or furniture, in interior decoration and in event decoration. Within the framework of its mission, CHRISTIANSEN DESIGN can be mandated by its client to purchase furniture and accessories for which it can ensure the reception and installation with, if necessary, the assistance of qualified professionals.
ARTICLE 1 - Purpose and Scope
The purpose of these general conditions is to define the rights and obligations of CHRISTIANSEN DESIGN and the customer. They are accessible on the CHRISTIANSEN DESIGN Internet site and are systematically transmitted prior to the order. The signature of a quotation by the customer implies his unrestricted and unreserved acceptance of these general terms and conditions of sale, which shall prevail over any other contradictory document, unless special terms and conditions are negotiated. The customer acknowledges having read and accepted them before placing any order and declares having the legal capacity to contract and commit himself.
The general terms and conditions of sale may be subject to subsequent modifications, the version applicable to the order being the one in force on the day the contract is concluded.
ARTICLE 2 - Orders
Any order for goods or services shall be subject to a quotation sent by CHRISTIANSEN DESIGN to its customer by e-mail or by post with a validity of 30 days. The order shall be final once it has been confirmed by the signature of the quotation by the customer with the handwritten mention "Good for agreement" and the payment of a deposit of 50% of the total amount of the quotation.
It is expressly specified that this deposit can in no case be qualified as a deposit, the order binding the parties definitively.
ARTICLE 3 - Right of withdrawal.
When the order is placed by a customer, a natural person acting for purposes that do not fall within the scope of his commercial, industrial, artisanal or liberal activity, the customer has a period of fourteen (14) clear days from the acceptance of the offer to exercise his right of withdrawal from a contract concluded at a distance, following a telephone canvassing or off-premises
This right of withdrawal is applicable to contracts concluded off-premises between two professionals when the subject of these contracts does not fall within the scope of the main activity of the professional solicited and when the number of employees employed by the latter is less than or equal to five.
The customer shall send to CHRISTIANSEN DESIGN before the expiry of the aforementioned period, a registered letter with acknowledgement of receipt indicating, without ambiguity, his/her wish to withdraw. The Customer acknowledges having received the withdrawal form with the quote. The reimbursement of the amount paid for the order will be made at the latest within fourteen days following the receipt of the letter.
The shipping and return costs remain the exclusive responsibility of the customer. In accordance with Article L 121-21-5 of the Consumer Code, the customer may upon express request on paper or on a durable medium, request the execution of the service before the end of the withdrawal period for contracts concluded off-premises. Notwithstanding, he/she retains the right to exercise his/her right of withdrawal before the end of said period. In this case, the customer will have to pay the agreed price in proportion to the service provided until the notification of his withdrawal. It is recalled that this right of withdrawal can not be exercised for contracts under the provisions of Article L 121-21-8 of the Consumer Code.
ARTICLE 4 - Price and payment
All prices are expressed in euros, exclusive of tax and VAT, on the basis of the current price list. The payment of the services is carried out according to the following methods, except different provisions specified on the estimate:
- 50% with the order
- 50% with the realization of the service. Once the service has been provided, the client may not use subjective arguments to refuse payment of the services for which he has made a commitment. Payments shall be made by bank or postal check or by bank transfer addressed to CHRISTIANSEN DESIGN.
ARTICLE 5 - Reservation of ownership and risks
CHRISTIANSEN DESIGN shall retain ownership of the movable goods sold until full and effective payment of the price. Failure to pay may result in the reclamation of part or all of the goods up to the amount of the sums due or to fall due. These provisions do not prevent the transfer to the customer, upon delivery, of the risks of loss and deterioration of the goods purchased as well as the damage they may cause.
ARTICLE 6 - Deadlines for the performance of the service
The service shall be performed on the date or within the period specified in the estimate or in any other document attached thereto between the client and CHRISTIANSEN DESIGN. CHRISTIANSEN DESIGN undertakes to make every effort to satisfy the customer within the framework of an obligation of means and within the time limits specified. However, these deadlines are communicated as an indication. When the services include the reception of materials or furniture delivered by third parties, the possible delays in the delivery times could not be imputed to him. When the services ordered have not been provided within 30 days after the indicative date specified above, for any reason other than force majeure, the fact of the customer or a third party including a provider, the consumer may request in writing the resolution of the contract under the conditions provided for in Articles L 138-2 and L 138-3 of the Consumer Code. The sums paid by the customer will then be returned to him at the latest in the fourteen days which follow the date of denunciation of the contract, with the exclusion of any compensation or deduction.
ARTICLE 7 - Provider's liability - Guarantee
7-1 Consulting services
Within the framework of its consulting mission, the customer acknowledges that CHRISTIANSEN DESIGN is only bound by an obligation of means. The responsibility resulting from the implementation of this advice and recommendations shall be incumbent upon the professionals who shall be mandated for this purpose by the customer.
It is expressly stipulated that CHRISTIANSEN DESIGN is neither a delegated project manager nor a project manager in the execution of the work and as such shall not incur any liability in this respect.
His intervention is limited, if necessary, to putting his client in contact with qualified professionals in the field of architecture and building, who will remain responsible for the recommendations and technical monitoring of the site.
7-2 Sale of movable property
In the case of the sale of movable goods, the customer benefits from the legal guarantee:
- of conformity mentioned in articles L211-1 to L212-1 of the consumer code for consumer customers, including:
Article L211-4: "The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his expense by the contract or has been carried out under his responsibility."
Article L211-5: "To be in conformity with the contract, the goods must: 1° Be fit for the use usually expected of similar goods and, where appropriate : - correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model; - have the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling; 2° Or have the characteristics defined by common
agreement by the parties or be fit for any special purpose sought by the buyer, brought to the attention of the seller and that the latter has accepted."
Article L211-12: "The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good"
Article L211-9: "In the event of defect of conformity, the purchaser chooses between the repair or the replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. He is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer".
- against hidden defects mentioned in articles 1641 and following of the civil code.
The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price, if he had known about them (article 1641 of the civil code).
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect (article 1648 al 1 of the civil code).
In order to assert his rights, the customer must inform CHRISTIANSEN DESIGN, by registered mail with acknowledgement of receipt, of the existence of defects or lack of conformity
ARTICLE 8 - Intellectual property - Protection of personal data
CHRISTIANSEN DESIGN shall remain the owner of all intellectual property rights on the studies, drawings, models, prototypes, photographs, illustrations or any other content produced with a view to providing the services to the client, which are protected by copyright.
The client shall therefore refrain from reproducing or exploiting the said documents without the express, written and prior authorisation of CHRISTIANSEN DESIGN, which may make it conditional on a financial consideration.
The customer authorizes CHRISTIANSEN DESIGN to take photos and videos of the interior at all stages of its intervention and after delivery, as well as to use them for promotional purposes on all current and future media, subject to the customer's anonymity.
CHRISTIANSEN DESIGN is required to collect information for the performance of its services, in particular in connection with its service providers, which will be recorded in electronic format.
In accordance with Article 39 of the French Data Protection Act n°78.17 of January 6, 1978, the customer has the right to access, modify and delete his personal data by sending a letter to the Provider's head office.
ARTICLE 9 - Insurance
The Service Provider has taken out civil and professional liability insurance with the MAAF Company Policy No.
178236797 K 001.
A copy of this policy can be provided to the customer upon request
ARTICLE 10 - Applicable Law - Language
The present general conditions and the operations resulting from them are subject to French law.
They are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 11 - Disputes
Any dispute that could not be resolved amicably between the provider and his customer will be submitted to the competent courts
under the conditions of common law.
In application of article L156-1 of the French Consumer Code, the customer is informed that he/she can resort to conventional mediation or to any alternative dispute resolution method such as conciliation, in case of dispute. In the event of a dispute with a customer who is a merchant, and in the absence of an amicable agreement, the parties agree to give exclusive jurisdiction to the Tribunal de Commerce de Versailles.