General conditions of sale

Introduction

These general conditions of sale apply to all sales concluded on the website ABC MEUBLES.

The website www.abc-meubles.com is a service of: > • ABC MEUBLES SARL
• located at 29 AVENUE DE LA LIBERTE, LE TREMBLAY, 61100 LA LANDE PATRY, France
• Website URL: www.abc-meubles.com
• e -mail: contact@abc-meubles.com
• telephone: +33 (0) 2 33 62 83 83
The ABC MEUBLES website sells the following products: furniture products.
The customer declares to have taken knowledge and having accepted the general conditions of sale prior to the placing of his order. The validation of the order is therefore valid acceptance of the general conditions of sale.

Article 1 - Principles

These terms and conditions express the full obligations of the parties. In this sense, the buyer is deemed to accept them without reserve.
The present general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable for the sales in store or by means of other channels of distribution and marketing.
They are accessible on the website ABC MEUBLES and will prevail, if necessary, on any other version or any other contradictory document.
The seller and the buyer agree that these terms and conditions govern their relationship exclusively. The seller reserves the right to modify his general conditions. They will be applicable as soon as they are put online.
If a condition of sale should be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France. These terms and conditions are valid until May 25, 2018.

Article 2 - Content

These terms and conditions are intended to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer, from the ABC MEUBLES website.
These conditions apply only to purchases made on the ABC MEUBLES website and delivered exclusively in mainland France, Corsica, and European Union countries.

Article 3 - Pre-contractual information

The buyer acknowledges having communicated, before the placing of his order and the conclusion of the contract, in a readable and understandable way, these general conditions of sale and all the information listed in Article L 221-5 of the Consumer Code.

The following information is transmitted to the buyer in a clear and comprehensible manner:
- the essential characteristics of the property
- the price of the good and / or the method of calculating the price
- and, if applicable, any additional costs of transport, delivery or postage and any other costs that may be due
- in the absence of immediate execution of the contract, the date or the deadline at which the seller undertakes to deliver the goods, regardless of their price
- information relating to the identity of the seller, to its postal, telephone and electronic contact details, and its activities, those relating to the functionalities of the digital content and, where appropriate, its interoperability, the existence and implementation of the warranties and other contractual conditions.

Article 4 - The order

The buyer has the opportunity to place his order online, from the online catalog and using the form therein, for any product, within the limits of available stocks.
The buyer will informed of any unavailability of the product or the ordered good.
In order for the order to be validated, the purchaser will have to accept, by clicking in the place indicated, the present general conditions. He will also have to choose the address and the mode of delivery, and finally to validate the method of payment.
The sale will be regarded as final:
- after the sending to the buyer of the confirmation of the acceptance of the order by the seller by email
- and after receipt by the seller of the full price
Any order is acceptance of prices and descriptions of products available for sale. Any dispute on this point will occur in the context of a possible exchange and guarantees mentioned below.
In some cases, including default of payment, wrong address or other problem on the account of the buyer, the seller reserves the right to block the order of the buyer until the problem is solved.
For any question relating to the follow-up of an order, the buyer must call the following telephone number: 0233628383 (cost of 'a local call), on the following days and hours: Monday to Thursday, from 8:30 to 12h/13h30 to 17h30 and Friday from 8h30 to 12h/13h30 to 16h, or send an email to the seller at the following email address : contact@abc-meubles.com.

Article 5 - Electronic Signature

The online supply of the credit card number of the buyer and the final validation of the order will be proof of the agreement of the buyer:
- payment of sums due under the order form < br /> - signature and express acceptance of all the transactions carried out
In the event of fraudulent use of the bank card, the buyer is invited, as soon as the use is found, to contact the seller at the following telephone number : 0233628383.

Article 6 - Order Confirmation

The seller provides the buyer with an order confirmation and a payment confirmation by e-mail.

Article 7 - Proof of the transaction

Computerized records kept in the vendor's computer systems under reasonable security conditions will be considered as proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence.

Article 8 - Product Information

Products governed by these terms and conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions could occur regarding this presentation, the responsibility of the seller could not be engaged.
The photographs of the products are not contractual.

Article 9 - Price

The seller reserves the right to change prices at any time but agrees to apply the current rates indicated at the time of order, subject to availability on that date.
Prices are indicated in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take account of the VAT applicable on the day of the order and any change of the rate applicable VAT will be automatically passed on the price of the products of the on-line shop. (Except for orders to Switzerland, prices are exclusive of VAT.)
If one or more taxes or contributions, including environmental, were to be created or modified, up or down, this change may to be reflected in the selling price of the products.

Article 10 - Method of payment

This is an order with a payment obligation, which means that the placing of the order involves a payment from the buyer.
To settle his order, the buyer has, at his choice , all the methods of payment made available by the seller and listed on the seller's website. The buyer guarantees the seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. The seller reserves the right to suspend any order management and any delivery in case of refusal of authorization for payment by credit card from officially accredited bodies or in case of non-payment. The seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully paid or a previous order or with whom a payment dispute is being administered. .

The information circulates safely thanks to an encryption system. The validation of the order by means of the credit card number and its expiration date is mandate to pay the price all taxes included in the order. The data relating to the card are kept only during the processing of the order. The debit of the card is made at the time of the order on the site.
The payment in 3 times free of charge is made as part of a payment by credit card on our secure server Mercanet, and is subject to General conditions of sale.
The first payment (1/3 of the amount of the order) is made the day of the order and is followed by two equal monthly payments that will be taken automatically the next two months.

Article 11 - Product Availability, Refund, Resolution

Except in case of force majeure or during periods of closure of the online store that will be clearly announced on the home page of the site, shipping times will, within the limits of available stocks, those indicated -Dessous. Shipping times run from the date of registration of the order indicated on the order confirmation email.
Preparation and shipping times are displayed on each product page. They are from the day following the day the buyer placed his order. You have the choice between two types of delivery:
-by carrier at the entrance of the building or ground floor
-by specialized carrier in the delivery to the floor for the Paris region or Normandy . For other regions, please send your request by email to contact@abc-meubles.com or by phone 0233628383. At the latest, the deadline will be 30 working days after the conclusion of the contract.
For deliveries to another country, the delivery terms will be specified to the buyer on a case-by-case basis.
In case of non-compliance with the agreed date or delivery time, the buyer must, before breaking the contract, order the seller to execute it within a reasonable additional time.
Failing enforcement on the expiry of this new period, the buyer can freely break the contract.
The purchaser will have to carry out these successive formalities by registered letter with acknowledgment of receipt or by a writing on another durable medium.
The contract will be regarded as solved at the reception by the salesman of the letter or the writing informing him this resolution, unless the professional has executed in the meantime.
The buyer can however immediately resolve the contract, if the dates or deadlines seen above are for him an essential condition of the contract.
In this case, when the contract is resolved, the seller is obliged to reimburse the buyer for the totality of the sums paid, at the latest within 14 days following the date on which the contract was denounced.
In case of unavailability of the ordered product, the buyer will be informed at the earliest and will have the opportunity to cancel the order. The buyer will then have the choice to request either the refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.

Article 12 - Terms of delivery

The products are delivered to the address specified by the buyer on the order form, the buyer must ensure its accuracy.

-For orders shipped in Colissimo, an email you will be sent with the tracking number.
-For orders shipped by carrier, it will contact you by email or phone to set a day of delivery. Transportation is to the entrance of your building, the ground floor. Deliveries are made Monday to Friday. In case of refusal for delivery to the floor, the shipping costs will be doubly charged. For the Normandy and Paris region, you can directly choose the floor delivery option, for other regions, please send your request by phone to 02 33 62 83 83, by mail to commercial@abc-meubles.com or on the online chat of the website abc-meubles.com.
Any package returned to the seller because of an incorrect or incomplete delivery address will be returned at the expense of the buyer. The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form. > If the buyer is absent on the day of delivery, the driver will leave a notice in the mailbox, which will remove the package and / or reprogram a new delivery.

If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items. The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products ...). > Reserves or rejection of the package will be mandatory for any claim.

This check is considered as if the buyer, or a person authorized by him, signed the delivery note.

If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any claim made outside this period can not be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions ...).

Article 13 - Delivery Errors

The buyer must formulate with the seller the same day of the delivery or at the latest the first working day following the delivery, any claim of error of delivery and / or nonconformity of the products in kind or in quality. compared to the indications on the order form. Any complaint made after this time will be rejected.
The complaint can be made, at the choice of the buyer:
- telephone number: 0233628383
- e-mail address: contact @ abc-meubles.com
Any complaint not carried out in the rules defined above and within the given deadlines will not be able to be taken into account and will release the seller from any responsibility vis-à-vis the buyer. br />
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, to the following address: /> 29 AVENUE FREEDOM, 61100 LA LANDE PATRY .
In case of error on our part, the cost of return are the responsibility of the seller.

Article 14 - Product Warranty

Legal guarantee of conformity and legal guarantee of the latent defects.
ABC MEUBLES is guarantor of the conformity of the goods to the contract, allowing the buyer to make a request under the legal guarantee of conformity envisaged in articles L. 217-4 and following of the code of the consumption or the guarantee of the defects of the thing sold within the meaning of articles 1641 and following of the civil code. In case of implementation of the legal guarantee of conformity, it is reminded that:
- the buyer has a period of 2 years from the delivery of the property to act
- the buyer can choose between the repair or the replacement of the good, subject to the conditions of cost envisaged by the article L. 217-17 of the code of consumption
- the buyer does not have to bring the proof of the non-conformity of the good during the 24 months in case of new goods, following the delivery of the good.
In addition, it is recalled that:
- the legal guarantee of conformity applies independently of the commercial guarantee indicated below
- the purchaser can decide to implement the guarantee against the hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, he can choose between the resolution of the sale or a reduction of the price in accordance with article 1644 of the civil code.

Commercial guarantee
sold products are also covered by a commercial guarantee to ensure their compliance and ensuring the refund of the purchase price, replacement or repair of goods. It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.

Article 15 - Right of withdrawal

Application of the right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order, to return any item that does not suit him and request the exchange or refund without penalty, with the exception of the return costs which remain the responsibility of the customer.
Returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing their remarketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not included.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. You will find this form on this link: https://www.abc-meubles.com/fr/content/7-satisfait-ou-rembourse. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to retract.
In the event of exercise of the right of retraction within the aforementioned period, the price of the product (s) bought (s) and the Delivery charges are refunded.
Return shipping is the responsibility of the buyer. > The exchange (subject to availability) or refund will be made no later than 14 days from the date of receipt by the seller of the products returned by the buyer under the conditions provided above.

Article 16 - Force majeure

Any circumstances beyond the parties' control that prevent the performance of their obligations under normal conditions are considered to be grounds for exoneration of the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.
Will be considered as force majeure facts or circumstances irresistible, external parties, unpredictable, inevitable, beyond the control of parties and who can not be prevented by them, despite all efforts reasonably possible. Expressly, are regarded as case of force majeure or fortuitous cases, besides those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will come together to examine the impact of the event and to agree on the conditions under which the execution of the contract will be continued. . If the case of force majeure has a duration greater than three months, these terms and conditions may be terminated by the injured party.

Article 17 - Intellectual property

The content of the website remains the property of the seller, the sole owner of intellectual property rights on this content.
Buyers undertake to make no use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute a forgery offense.

Photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, the responsibility of abc-meubles.com can not be engaged in case of error in one of these photographs or one of these texts. All elements of the site abc-meubles.com whether visual or sound, including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of ABC MEUBLES SARL, or its co-contractors.

Article 18 - Information, Freedoms and Personal Data

The personal data provided by the buyer are necessary for the processing of his order and the preparation of invoices.
They can be communicated to the partners of the seller responsible for the execution, the treatment, the management and the payment of the orders.
The treatment of the information communicated through the website ABC MEUBLES has been declared to the CNIL.
The buyer has a right permanent access, transparency of information and communications of modification, rectification, opposition, right to be forgotten, as regards information concerning him. This right can be exercised under the conditions and according to the modalities defined on the website ABC MEUBLES.

The present site is subjected to the respect of the French law of January 6, 1978, known as "Data processing and freedoms"; it has been the subject of a declaration to the National Commission for Data Processing and Freedoms under the number: 2187184.

The entry into force of the General Data Protection Regulation ( RGPD) will be effective from May 25, 2018.
This regulation replaces the directive on the protection of personal data adopted in 1995, while drawing largely on the Data Protection Act which exists since 1978 (and comes the reinforce).
It is important for ABC MEUBLES that we notify you of changes to our privacy policy. For any request concerning this new regulation, you will be able to address directly to the data protection officer (DPO), Tiphaine Desmasures either by telephone at 02 33 62 83 83 or by email at commercial@abc-meubles.com. />
According to this regulation, you have the right to the portability of your data, that is to say the right to receive the personal data that you have provided us in a structured format, readable by the machine and the right to transmit this data to another controller.
You can make your request by email to commercial@abc-meubles.com or directly export your data via access to your account, in "my personal data ". Also, you have the option to modify your personal information if it has changed via your account in "personal information".

Article 19 - Partial non-validation

If one or more stipulations of these general terms and conditions are held invalid or declared as such pursuant to a law, regulation or following a final decision of a competent jurisdiction, the other stipulations will all their strength and reach.

Article 20 - Non-Waiver

The fact that one of the parties does not claim a breach by the other party of any of the obligations referred to in these terms and conditions can not be interpreted for the future as a waiver of the obligation in question.

Article 21 - Title

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

Article 22 - Language of the contract

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text would be valid in case of dispute.

Article 23 - Mediation

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

Article 24 - Applicable law

These general conditions are subject to the application of French law. The competent court is the court of first instance for disputes whose amount is less than or equal to € 10,000 or the court of first instance for disputes whose amount is greater than € 10,000.
This is the case for substantive rules as for the rules of form.

In case of difficulties in the application of this contract, the buyer has the possibility before any legal action, to seek an amicable solution especially with the the assistance of a professional association of the branch, a consumer association or any other council of its choice. It is recalled that as a general rule and subject to the discretion of the Courts, compliance with the provisions of this contract relating to the contractual guarantee assumes that the buyer honors its financial commitments to the seller. Complaints or disputes will always be received with kindness, good faith is always presumed in the person who takes the trouble to expose his situations. In case of dispute, the customer will first contact ABC MEUBLES via its customer service commercial@abc-meubles.com to obtain an amicable solution. The attribution of competence in the event of litigation, and in the absence of amicable agreement between the parts, will be given to one of the French jurisdictions territorially competent.