Terms of sales

Article 1: Entirety

These general terms explain the obligations of both parts. In this direction, the purchaser is deemed to have accepted the full clauses provided without reserve.

These conditions apply to the exclusion of all other conditions, and notably those applicable to sales in pharmacies or to other means of distribution and commercialization networks.

They are available at all times on the website www.maisonlefrancois.fr and will prevail on any other version or any other contradictory document.
The seller and the purchaser agree that these terms and conditions exclusively govern their relationship.

The seller reserves the right to change or improve its general conditions. They take effect from their publication on line.

If a condition is found to be lacking, it would be governed by the procedures in force in the area of distance selling companies which have headquarters in France.

The present general terms of sale shall be valid up to December 31st, 2020, subject to modification.

 

Article 2 – Contents

The current sales terms and conditions are to protect the rights and obligations of the parties in the case of electronic sale of goods offered by Maison Lefrançois within the present e-commerce boutique www.maisonlefrancois.fr.
These conditions only concern purchases made by buyers located in France and delivered exclusively on French territory. For any delivery outside France, send a message to [email protected]
These purchases concern the following products:
A selection of collection items from the traditional and new ranges of Maison Lefrançois, indoor and outdoor furniture, kitchen utensils and decorative accessories, as well as customized items on sale designed and manufactured to the buyer’s specifications within the sole limit of the choices offered.
By confirming the order, the purchaser acknowledges having read the present general terms of sale and having accepted them. In this respect, they are enforceable in accordance with the terms of Article 1119 of the Civil Code.

Article 3 – Pre-contractual information

The purchaser expressly acknowledges having read and accepted the general terms of sales and all the information listed in Article L. 221- 5 of the Civil Code, before the placing of his order and the conclusion of the contract, in a readable and understandable way.

www.maisonlefrancois.fr website is the property of Lefrançois SAS, which does business under the name Maison Lefrançois.

The publication manager’s contact information is:

Valentin ADDA, as President of the Company
Lefrançois SAS
6 rue de la Paroisse
78000 Versailles
France
E-mail address: [email protected]
RCS Versailles: 834 690 828 and VAT Number: FR 36 834 690 828
SAS with a capital of 39 000 euros
Under the trade name Maison Lefrançois.

Article 4 – Orders

The purchaser can make his order online, from the online catalog and using the form, for any product, while stock lasts.
Should a product ordered be unavailable, the buyer will be informed by email.
The buyer will have to accept, by clicking in the indicated place, these general terms of sales to confirm his order. He will also have to choose the address and the shipping method, and finally validate his account information.
The sale will be considered final:
– once the Seller has sent the Buyer the confirmation of acceptance of his order through acknowledgment of receipt by email;
– and once Maison Lefrançois has received full payment for the total price of the order and possibly the cost of postage and handling.
Any order implies 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 listed below.
In some cases, especially in non-payment, wrong address or other problem on the account of the buyer, the seller reserves the right to block the buyer’s order until the problem solved.
The cancellation of the order of this Product and its possible refund will be made, the rest of the order will be considered as definitive.
Should the buyer need any information about the order, he must call +33 1 39 53 65 26 from Monday to Friday from 9 am to 6 pm or send an e-mail [email protected]

Article 5 – Electronic Signature

The on-line provision of a credit card number and the order’s final validation will constitute proof of the whole order:
– sums incurred for the order to become due and payable,
– signature and express acceptance of all performed transactions.
In case of misuse of the credit card, the buyer must call +33 1 39 53 65 26 from Monday to Friday from 9 am to 6 pm or send an e-mail [email protected]

Article 6 – Order Confirmation

The seller sends the buyer with his agreement an email to the address specified by the buyer confirming the express commitment of the parties. (Box to click)

Article 7 – Proof of payment

The electronic forms, kept in the seller’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 made on a reliable and durable backup media and can be produced as evidence.

Article 8 – Product Information

Products shall be governed by these terms are those listed on the website of the seller and are indicated as sold and shipped by the seller. They are offered while stock last.
The products proposed are described as accurately as possible. However, if errors or omissions have been made, the responsibility of FAGUO will not be involved.
The photographs of the products are not binding.

Article 9 – Price
The seller reserves the right to change prices at any time. However, any products ordered from the Maison Lefrançois company will be billed at the rates in effect at the time of order.
Prices listed on the website are in euros, VAT applicable included. They do not include shipping which is billed as a supplement and listed on the order page. Any changes in the rate will be automatically applied to the price of the products in the shop online. Full payment must be made when ordering. At no time payments may not be considered as down payments or installments.
Should one or more taxes or compulsory levies be imposed or modified from time to time, whether upwards or downwards, his change will be reflected in the price of selling items on the company website Maison Lefrançois and sales documents.
For orders to a country other than Metropolitan France you are the importer of the product concerned. Customs duties or other local taxes of importation or taxes of the State are susceptible to be demanded. These duties and amounts are not the responsibility of the company Lefrançois. These duties and taxes are to be paid by the customer, who is entirely responsible as regards both declarations and payments to the competent authorities and bodies in the country concerned.

All orders irrespective of their origin are payable in Euros.

Prices are subject to change at any time, but products will be charged on the basis of the current rates at registration time.

Products delivered to the Client remain the property of Maison Lefrançois until effective payment of the total amount due.

The total is debited from the buyer’s account (credit card or PayPal account) no later than six (6) days after the customer order, all taxes included in euros (€).

Article 10 – Payment method

This is an order with payment obligation, which means that the placing of the order involves a settlement of the buyer.
The buyer has all the payment methods available and listed on Maison Lefrançois’ website. The buyer guarantees the seller that he has the authorizations to use the payment method chosen, when validating the order form. Maison Lefrançois reserves the right to suspend the processing, or shipping of a delivery in the case of a credit card refusal, or in the case of nonpayment.
Lefrançois’ Company also reserves the right to refuse an order from a consumer who has not settled completely or partially a previous command or with whom a payment dispute is still being administered. The seller has implemented an order verification procedure to ensure that no one uses the bank details of another person without his knowledge or consent.

As part of the verification process, the customer might be requested to send a copy of identification, as well as a proof of residency to Maison Lefrançois.
The order will be validated only after receipt and verification by the Company of the parts sent.
Payments made by the buyer will be considered as definitive only after receipt of the sums due by the seller.

Article 11 – Products availabilities – Refund – Resolution

Shipping times are indicated below, while stocks and materials last in the case of a make to order. Except in case of force majeure or during periods of closure of Maison Lefrançois’ website, this will be clearly announced on the homepage of the site. Shipping times run from the date of the order’s registration mentioned on the order confirmation.
For deliveries in Metropolitan France, the period is eight (8) weeks from the day following the day the buyer confirmed his order.
In case of non-compliance with the date or the agreed delivery time, the buyer must, before resolving the contract, order the seller to execute it within a reasonable additional time.
Failing execution on the expiry of this new period, the buyer may freely resolve the contract.
The consumer must complete these successive formalities by writing on a durable form.
The contract will be considered resolved upon receipt by the seller of the writing informing him of this resolution, unless the act is undertaken.
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 required to reimburse the buyer for all sums paid, and no more than 14 days of the date on which the contract was terminated.
In case of unavailability of the product ordered or impossibility to realize because of the unavailability of materials, the buyer will be informed at the earliest and will have the opportunity to cancel his order. Then, the buyer will have the choice to request either the refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.

Article 12 – Delivery

Delivery means the transfer to the consumer of physical possession and control of the product. It is made only after confirmation of full payment by the seller’s bank.
The ordered products are delivered by an external carrier.
No delivery is made to campsites, hotels, post offices and post office boxes. Products are delivered to the address specified by the buyer on the order form, the buyer must ensure its accuracy. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be returned at the expense of the buyer. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided on the order form.
If the buyer is absent the day of delivery, the driver will leave a notice in the letter box, which will remove the package at the place and during the time indicated.
If at the time of delivery, the original packaging is damaged, torn open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reserve on the delivery note (package refused because open or damaged).
The buyer must indicate on the delivery form with his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products …).
This check is considered to have been made once the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm by mail these reservations to the carrier no later than two working days after receipt of the item (s) and send a copy of this letter by e-mail or simple mail to the seller at the address indicated in the legal notices of the site.
If the products need to be returned to Maison Lefrançois, this must be the subject of a return request to the company within 7 days of delivery. Any claim made outside this period cannot be accepted. The return of the product can only be accepted for products in their original state without any customization (packaging, accessories, instructions …)

Article 13 – Delivery faults
The consumer must make to Maison Lefrançois, the day of delivery or the first business day after delivery at the latest, any claim of error of delivery and / or non-conformity of goods in kind or in quality compared to the indications on the order form. Any claim made after this time will be rejected.
The claim will have to be made by email through the contact page or:
– phone number: +33 1 39 53 65 26 Monday to Friday from 9am to 6pm;
– e-mail address: [email protected]
Any claim not made in compliance and within the time limits will not be considered and Maison Lefrançois shall disclaim all liability.
After receiving the claim and considering its validity, Maison Lefrançois will issue the Customer with a return number for the product(s) in question, either by email.
In case of delivery error or exchange, all products for exchange will have to be turned over to the Maison Lefrançois as a whole and in its original packaging, by a carrier and whose contact details will be transmitted to the address that Maison Lefrançois will communicate to you.
Shipping cost is Maison Lefrançois’ responsibility, if the carrier is the same as that which was confirmed when ordering the product.

Article 14 – Risk Transfer

The seller is discharged from the delivery which is entrusted to an independent carrier, according to the choice of the buyer.
Of course, the buyer must indicate to the carrier he chooses the delivery address.
Delivery is considered completed once the carrier has delivered the ordered products to the carrier.
In these circumstances, the buyer has no recourse against the seller in case of failure to deliver the items transported.

Article 15 – Product guarantee

The products sold by Maison Lefrançois are artisanal finished products and surface treatment on raw materials (wood, metal, …) is applied manually. It cannot be blamed on the company the final result is not strictly identical for all parts sold.
Also, there will be a color shades tolerance remaining close to the color ordered. Finally, the weight of the same furniture can vary by +/- 8% from one order to another.

Maison Lefrançois is responsible of the goods’ conformity with the contract, allowing the buyer to make a request under the conformity’s legal guarantee envisaged in articles L. 217-4 and following of French Consumer Code. The company is also responsible to guarantee the buyer against all hidden vices of the product sold in accordance with articles 1641 and following of the French Civil Code (see Annex)
If the legal guarantee of conformity is established, it is recalled:
– the buyer has a 2-year period from delivery of the property to act;
– the buyer can choose between the repair or replacement of the item, subject to the cost conditions laid down by Article L. 217-17 of the French Consumer Code;
– the buyer is exempted from showing proof of the conformity’s lack of the good during the 6 months following the delivery of it.
In addition, it is recalled that:
– the buyer can decide to set up the guarantee against hidden defects of the item sold within by Article 1641 of the French Civil Code. In this case, he can choose between the cancellation of the sale or a reduction of the price in accordance with Article 1644 of the French Civil Code.

The claimed defects must not result from badly damaged articles caused by careless handling, from abnormal wear or aging, from an accidental event or more generally from an external cause.

Article 16 – Withdrawal

In application with the provisions of the French Consumer Code, the buyer has 14 working days from the date of delivery of his order, to return any item which does not suit him and request the exchange or refund, excluding delivery costs and customized products.
All products (both defective and non-defective) must be returned in their original packing, in perfect condition within 14 days of receiving notification of the decision by Maison Lefrançois, with the invoice.
Are not taken back damaged, soiled or incomplete products.
Withdrawal Right can be exercised online, using the withdrawal form available on the website www.maisonlefrancois.fr (annex 2). 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 express the intention to retract.
In case of withdrawal’ right within the right period, only the price of the product(s) purchased will be refunded. Shipping costs will not be refunded.
The return costs are the buyer’s responsibility.
The exchange (subject to availability) or refund will be made within 14 days from the receipt, by the seller, of the returned products by the buyer under the conditions provided above.

The buyer is expressly informed this withdrawal’s right is excluded for contracts for goods made at the request of the buyer or clearly customized in accordance with Article L 121-21-8 of the French Consumer Code.

Article 17 – Return Shipping

All returns of goods must be made in their original packaging and will be exchanged or refunded to the buyer provided that (a) the item is not customized; (b) the item is returned in its original packaging and accompanied by the Maison Lefrançois order corresponding to the respected deadline described in previous articles.
The return address will be communicated to the buyer by Maison Lefrançois.

The buyer is expressly informed that customized products are neither exchangeable nor refundable and cannot be returned.

Article 18 – Force majeure

Any circumstances beyond the willingness of the parties preventing performance under normal conditions shall be considered as grounds for exoneration from the obligations of the parties and can result in suspension.
The party invoking the above circumstances shall immediately inform the other party in writing, by registered letter of their occurrence and end.
Force majeure or circumstances beyond control will be regarded as that which are external to the two parties, unforeseeable, inevitable, independent of the will of the parties, and which could not be prevented by them, despite all reasonably possible efforts. Force majeure, as well as what is defined by the tribunals of French courts, will be considered to include: blocking of supplies or transport, earthquakes, fires, storms, floods, lightning, breakdown of telecommunications networks or difficulties specific to telecommunication networks external to customers.
The parties will review the impact of the event and agree on the conditions under which the contract will be continued. If the force majeure case is of duration greater than three months, the present general conditions can be cancelled by the injured party.

Article 19 – Intellectual property

The contents posted on the website (texts, technical documents, drawings, photographs, videos, sounds, etc.) remains the property of Maison Lefrançois, the sole owner of the intellectual property rights to this content.
Buyers undertake not to make any use of this content; any total or partial reproduction of Maison Lefrançois’ content is strictly prohibited and may constitute an infringement of said laws.

Article 20 – Data Files and Individual Liberties

Nominative data provided by the buyer are necessary for the processing of orders and invoices.
As such, the information may be disclosed concerning the business partners of the company with the sole aim to fulfill the order and delivery of products.
The processing of information communicated through the website has been declared to the CNIL.
The buyer has a constant right of access, modification, correction and suppression of the data concerning him. This right may be exercised under the conditions and according to the conditions defined on the website www.maisonlefrancois.fr.

Article 21 – Protection of personal data

21.1 Collecting personal information
Personal data collected on this site are as follows:

Account opening: creating the user’s account as his name, first name, email address.
Connection: when the user logs in to the website, the user registers, in particular, his last name, first name, login, usage, location and payment data.
Profile: the use of services provided on the website can provide a profile, which may include an address and a phone number.
Payment: as part of the payment of products and services offered on the website, it records financial data relating to the bank account or credit card of the consumer.
Cookies: Cookies are used, as part of the use of the website. The user has the option to disable cookies from his browser settings.

21.2 Using personal information
Personal data collected from users is to permit improving site services and maintain a secure environment.
Specifically, the uses are as follows:
– access and use of the site by the user;
– operation management and site optimization;
– organization of use’s conditions of Payment Services;
– Inspection, identification and authentication of the data transmitted by the user;
– management of any disputes with users.

21.3 Sharing personal data with third parties
Personal data may be shared with third-party firms as follow:
– when the consumer uses payment services, for implementing, the site is connected with third-party banking and financial firms with which it has forged partnership agreements;
– when the user authorizes the website of a third party to access his data;
– when the site requires services to provide user support, advertising and payment services. These service providers have limited access to the user’s data, in connection with the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable personal data protection regulations;
– if required by law, the site may transmit data to respond to claims against it and comply with administrative and judicial procedures;
– if the site is involved in a merger, acquisition, asset transfer or bankruptcy proceeding, it might be required to assign or share all or part of its assets, including personal data. In this case, users would be informed before personal data are transferred to a third party.

21.4 Security and confidentiality
The site implements organizational, technical, software and physical security measures for the protection of personal data against unauthorized alteration, destruction and access. However, it should be noted that Internet is not a completely secure environment and the site cannot guarantee the security of the transmission or storage of information on Internet.

21.5 Mise en œuvre des droits des utilisateurs
In application of the regulations applicable to personal data, users have the following rights:
– They can update or delete the data that concerns them by logging into their account and configuring the settings of this account;
– they can delete their account by writing to the following email address: [email protected];
– they can exercise their access right, to know their personal data, by writing to the following email address: [email protected] In this case, prior to the implementation of this right, the site may request proof of the user’s identity to check its accuracy;
– if personal data held by the site are inaccurate, they may request the update of information, by writing to the following email address: [email protected]
– users may request the removal of their personal data, in accordance with applicable data protection laws, by writing to the following email address: [email protected]

21.6 Evolution clause
The Site reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made for this, the Site undertakes to publish the new version on its website.
The Site will also inform users about change by email, within a minimum of 15 days before the effective date. If the user does not agree with the terms of the redrafting of personal data protection clause, he has the option to delete his account.

Article 22 – No partial validation

If any provision of these Terms is held to be invalidated or declared such under any law, regulation or following a final decision of a competent court, other provisions shall remain in full force and scope.

Article 23 – No waiver

Should one of the parties not act against a breach by the other party to any of the obligations stipulated in those present General terms cannot be construed as a waiver of the obligation for the future.

Article 24 – Title

In the event of a difference of interpretation between the heading and the clause to which it refers, any litigation concerning this shall be considered groundless.

Article 25 – Contract Language

The original Terms of sale are written in French. This document has been translated in English for a better understanding. To note, only the French text would prevail in the event of a dispute.
These Terms are only governed by and construed in accordance with the French law.

Article 26 – Mediation

The buyer can resort to a French conventional mediation, with the e-commerce mediator of the FEVAD (Federation of e-commerce and distance selling) in case of dispute.
Website: www.mediateurfevad.fr
French Postal Adress: Le service du Médiateur du e-commerce de la FEVAD, 60 rue la Boétie, 75008 PARIS, FRANCE
Email address: [email protected]

Article 27 – Governing law

These general Terms are subject to the application of French law to French law. This is for the fund rules as to the rules of form. If any dispute or claim arises, the buyer shall preferably turn to Lefrançois’ Company in order to seek a fair solution.