ONLINE TERMS AND CONDITIONS
Article 1: The company
The website www.lesdessinespapierspents.com (hereafter the “Site”) is published by the company Les Dessinés Papiers-Peints, located at 3, rue Vendôme
13007 Marseille France, whose registration number at the Trade Register is
913 063 319.
The company, under its trade name Les Dessinés Papiers-Peints, offers on its Site a range of decoration products, wallcoverings and wallpapers.
These general terms and conditions of sale (hereinafter the “GTC”) exclusively govern orders placed remotely by e-mail or on the Site at Les Dessinés Papiers-Peints by any individual or legal entity with the legal capacity to contract (hereinafter the “Customer”) for any product offered for sale on the Site.
The GTC are subject to change and updates. They are permanently accessible from the home page of the Site. Each order placed on the Site is subject to the GTC in force on the day the order is placed.
The validation of the order of a product offered on the site www.lesdessinespapierspeints.com implies the express acceptance by the customer of these Terms and Conditions of Sale, without this acceptance requiring a handwritten signature.
Should one or more clauses of the GTC become invalid or null and void, in particular due to a change in the law, this shall not affect the validity of the other clauses, which shall remain in full force and effect.
Article 2: Products
The products presented on the Site are wallpapers and wallcoverings. Each product is presented with its technical characteristics and under a unique reference.
Les Dessinés Papiers-Peints offers “ready-to-hang” packs of each of its models in the standard formats described in the e-shop.
Les Dessinés Papiers-Peints also offers its customers bespoke size wallpapers to fit their room, if these do not match with the standard “ready-to-hang” formats.
Les Dessinés Papiers-Peints makes every effort to respect the colours of the products on its Site. However, the shades of colour may vary slightly depending on the Client’s computer screen, therefore colours of pictures on the website are not contractual. Les Dessinés Papiers-Peints is not responsible for the colours accuracy of the products and cannot be held responsible for these differences due to the quality of the screens and/or their technical settings.
Also the colours of the paper may vary slightly depending on the moment of printing. The colours of the samples are therefore not contractual. The rendering and the scales of motifs on the paper catalogue intended to have an overview of the references and their setting in situation is also not contractual.
Customized orders
For custom orders that require a custom-size visual, the Customer takes charge of providing all necessary information for a simulation. The visual can only be modified with respects to the structural elements of the room. Les Dessinés Papiers-Peints provides a pre-prod visual for validation. Beyond two requests for modification, additional invoicing may be considered.
Article 3: Prices
For a delivery in France or Europe, the prices shown on the Site are shown in euros and include all French taxes (French VAT and any other tax such as possible eco-participation).
The price indicated on the product sheets does not include delivery costs which will be invoiced to the Customer in addition. The delivery rates applicable to the order will be specified to the Customer before the payment and the final confirmation of his order.
Les Dessinés Papiers-Peints reserves the right to change its prices at any time. In the event of a modification, the price invoiced to the Customer is the price indicated on the order form or in the shopping basket and accepted by the Customer at the moment he/she confirms the order.
The total price of the order (including VAT, handling charges, product packaging and transport costs) is that indicated in the shopping cart or on the quotation, before the order confirmation by the Customer.
The applicable VAT is the one in force at the day of the order in France, any change of rate could be reflected on the price of the products. Les Dessinés Papiers-Peints does not practice tax-free sales.
After the order confirmation by Les Dessinés Papiers-Peints an invoice will be edited and will be accessible in the customer area.
Article 4: Availability
Les Dessinés Papiers-Peints undertakes to honour orders received within the limits of available stocks of products. In the event of unavailability of the product(s), Les Dessinés Papiers-Peints undertakes to inform the Customer as soon as possible by telephone or e-mail.
If Les Dessinés Papiers-Peints cannot supply an ordered product, the company will notify the customer of the expected delay via e-mail. The latter may then request either a refund of the sums paid within 30 days at the latest of their payment, or the exchange of the unavailable product for another product, or the cancellation of the order. No cancellation penalty will be applied for such an order cancellation. No cancellation compensation (apart from the full refund of the order) may also be requested, such unavailability resulting from the delay in updating these unavailabilities.
Article 5: Terms and conditions for taking an order
5.1 Orders placed on the Site
To place an order on the Site, the Customer must follow the purchase process provided for by the Site.
At the time of his first order, the Customer must create a customer account (hereinafter the “Account”) by filling in the form dedicated to this purpose. This Account is strictly personal and allows him to identify himself before validating each order.
The Customer expressly agrees to provide complete and accurate information. In case of error in the wording of the delivery address or incomplete or erroneous information, making impossible the delivery of an order, Les Dessinés Papiers-Peints could not be held responsible.
The Customer can only validate his order after having read the GCS and having accepted them by ticking the box provided for this purpose. Consequently, any order placed on the Site implies express and unreserved acceptance of the GCS on the part of the Customer.
The order will only be validated by Les Dessinés Papiers-Peints once it has been paid for by the appropriate means of payment, in Euros. Any bank or exchange fees are at the expense of the Customer. Only when the order has been paid in full can it be validated and shipped. In accordance with the provisions of Article L. 121-11 of the Consumer Code, Les Dessinés Papiers-Peints has the right to cancel or refuse a Customer’s order for legitimate reasons, in particular in the event of an anomaly on the order form, abnormal behaviour and/or bad faith on the part of the Customer, refusal to pay, late payment for previous orders, or the existence of a dispute relating to payment of a previous order.
Following validation of the order and payment of the order, a confirmation email summarising the order, to which the corresponding invoice will be attached, will be sent to the Customer by Les Dessinés Papiers-Peints to the email address indicated by the Customer.
The date of the order is the validation date. All orders will be processed within 10 working days of the validation date.
5.2 Remote control or e-mail commands
The Customer can place an order by e-mail to Les Dessinés Papiers-Peints.
The remote order will be the subject of a summary e-mail (hereafter “Summary E-mail”) containing a summary of the order (references of the product ordered, quantity, price, delivery costs) to which the GCS will be attached again.
For the validation of the order the Customer will have to confirm, by return of E-mail Recapitulation of the order.
The order will be validated by Les Dessinés Papiers-Peints only once paid by the appropriate means of payment, all bank charges being at the expense of the customer.
All orders will be processed within 10 working days of the validation date.
Article 6: Payment
For all orders on the Site, Les Dessinés Papiers-Peints accepts payment by credit card. For remote orders, bank transfers and Visa and Mastercard bank cards are accepted. It is up to the buyer to record and print his payment slip if he wishes to keep the details of the banking operation relating to the transaction.The products remain the property of Les Dessinés Papiers-Peints until full payment is received by Les Dessinés Papiers-Peints.
Article 7: Delivery of products
The ordered products are delivered to the address indicated by the Customer. The Customer expressly agrees to provide complete and accurate information. In case of error in the wording of the delivery address or incomplete or erroneous information, making impossible the delivery of an order, Les Dessinés Papiers-Peints could not be held responsible.
In the hypothesis of an incomplete or false delivery address preventing the delivery, in the absence of a demonstration of the Customer, Les Dessinés Papiers-Peints will give the products to the sale and will preserve the payment, after a 3 months deadline.
Les Dessinés Papiers-Peints undertakes to make its best efforts to deliver the products ordered within the deadlines indicated at the time of order confirmation.
The Customer will be informed by e-mail at the address indicated by him/her of any possible delay in delivery. In such a situation, the Customer will also be informed by e-mail of the new delivery times.
The products sold on the Site can be delivered worldwide subject to the delivery conditions of the chosen carrier.
Deliveries are made by the Post Office, Fedex, UPS and DHL, unless the specificities of the delivery imply the choice of another carrier. The cost of delivery is the responsibility of the Customer and is invoiced with processing fees according to a fixed price specified before the order is placed and validated by the Customer.
Delivery times vary according to the availability of the products ordered, the place of delivery and the delivery method chosen. In all cases the delivery time is a maximum of 30 days from the validation of the order, except for personalized orders for which the delivery time runs from the date of manufacture of the personalized product.
If the delivery could not be carried out for reasons of accessibility or absence of person for the reception of the order at the address indicated by the Customer for the delivery, Les Dessinés Papiers-Peints could not be held for person in charge.
Upon receipt of the delivery, the Customer or his representative is required to inspect the goods in the presence of the duly authorised carrier. In case of damage(s) due to transport, the Customer as recipient, must expressly notify the reserves deemed necessary within the time limits to the carrier, and send a copy to Les Dessinés Papiers-Peints, which reserves, failing this, the right to refuse the return, refund or replacement of the products.
Article 8: Right of withdrawal
8.1 Withdrawal
In case of cancellation after payment of an order of a good at the request of the Customer before the production, an indemnity equal to 50% will be kept by Les Dessinés Papiers-Peints, the refund of the balance will intervene within 30 days as from the date of acceptance of the cancellation by Les Dessinés Papiers-Peints. The cancellation indemnity will be 100% of the price once the products have already been put into production. The Customer to cancel an order will have to address to Les Dessinés Papiers-Peints an email to the following address: sayhello@lesdessines.com.com indicating the number of the order. The date of cancellation will be the date of sending the cancellation letter by the Customer.
The right of retraction is not exercised on personalized orders, described in article 1. In accordance with Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised if the goods are made to the customer’s specifications or are clearly personalised.
8.2 Procedure
If the Customer wishes to exercise his right of retraction, he must respect the procedure described below:
• The products concerned must imperatively be returned in their original packaging and in perfect condition, i.e. perfectly packed, without any trace on the printed surface, nor on the back and in particular no trace of glue, the paper must not have been laid.
• The Customer must enclose (i) the previously completed and printed withdrawal form or any other unambiguous written statement expressing his willingness to withdraw, and (ii) the invoice (accessible from the order confirmation email) or the delivery note:
Standard withdrawal form
(if you wish to withdraw from the contract, fill in this form and send it back).
◦ – To: Les Dessinés papiers-Peints – 3, rue Vendôme 13007 Marseille
◦ – I/we (*) hereby revoke the contract concluded for
the purchase of the following goods (*).
◦ – For the following reason (please specify if necessary) :
◦ – Ordered on (*) / received on (*)
◦ – Name of consumer(s)
◦ – Address of the consumer(s)
◦ – Signature of the consumer(s) (only in case of message by
written)
◦ – Date
(* Strike out what does not apply)
• The products must be returned, at the Customer’s expense, to the following address: Les Dessinés Papiers-Peints,
• 3, rue Vendôme 13007 Marseille
France
Or reported to the same address during opening hours.
8.3 Repayment period
Subject to compliance with the procedure referred to above, Les Dessinés Papiers-Peints undertakes to reimburse the Customer for the price of the products concerned, including VAT, excluding return costs, within a maximum period of 14 (fourteen) days from the date of receipt of the products by Les Dessinés Papiers-Peints and confirmation of the perfect condition of the goods by Les Dessinés Papiers-Peints. The amount of the refund will be directly credited to the Customer’s bank account used for the order or by any other appropriate means of payment, at the discretion of Les Dessinés Papiers-Peints.
•
Article 9: Guarantees
9.1. Legal guarantees
Customers benefit from the legal guarantee of conformity as well as the guarantee against hidden defects in accordance with the provisions of articles L217-4 and following of the Consumer Code and articles 1641 to 1649 of the Civil Code.
All claims for lack of conformity, requests for exchange or refund must be made by email to the following address: sayhello@lesdessines.com
9.2 Legal guarantee of conformity
If the delivered products are not in conformity (if they present obvious printing defects or if they do not correspond to the ordered dimensions) the Customers are invited to return them to Les Dessinés Papiers-Peints as soon as possible at the expense of Les Dessinés Papiers-Peints. Les Dessinés Papiers-Peints undertakes to return a compliant product as soon as possible.
The action resulting from the lack of conformity shall be time-barred after two (2) years from the delivery of the products subject to compliance with the storage conditions.
9.3. Legal guarantee against hidden defects
The action resulting from latent defects must be brought by the purchaser within 2 (two) years from the discovery of the defect.
Article 10: Limitation – Exemption from liability
Les Dessinés Papiers-Peints declines all responsibility for the misuse or abuse of the products ordered by the Customer.
Les Dessinés Papiers-Peints is in no way responsible for the consequences resulting from : storage of the products in abnormal or incompatible conditions with their nature, their transformation, failure to follow the installation instructions (the installation instructions are available on the website, and are attached to the invoice), abnormal wear resulting from poor maintenance, a choice of glue unsuitable for installation, or imperfect installation, deterioration of the products due to water infiltration, shocks or inappropriate use, temperatures or hygrometry rates.
Article 11: Protection of personal data
In order to meet the needs of its Customers and to ensure optimal remote service, Les Dessinés Papiers-Peints and the Site are required to collect some of their personal data.
The personal data collected by the Site and by Les Dessinés Papiers-Peints are processed for the exclusive purpose of managing the Customer relationship. «Personal data (name, address,
email and telephone) may be transmitted to third parties in order to ensure proper delivery of the order. Les Dessinés Papiers-Peints is responsible for their processing.Les Dessinés Papiers-Peints certifies the confidentiality of the personal data collected.
In accordance with the provisions of the Data Protection Act n°78-17 of 6 January 1978 as amended by Act n°2004-801 of 6 August 2004, the processing of information collected by Les Dessinés Papiers-Peints is subject to a completely secure register, as required by the RGPD, including for each order, the name, first name, e-mail address, postal address and telephone number of the customer, the data are used only for the sending of the orders.
The Customer has a right of access, rectification and opposition to the data concerning him, collected by the Site. To exercise this right, the Customer must send an email to the following address sayhello@lesdessines.com. The Customer and more generally any user of the Site acknowledge that by accepting the GTC, they authorize Les Dessinés Papiers-Peints to install cookies on the hard disk of their computer in order to identify each of their connections, to allow them to access their Account without having to re-identify themselves and to adapt the features of the Site to their needs.
Les Dessinés Papiers-Peints reserves the right for its Customers and any user of the Site to refuse the installation of cookies by modifying the configuration parameters of their computer, it being specified however that such a modification is likely to alter the functionalities of the Site.
Article 12: Intellectual Property
All elements of the site www.lesdessinespapierspeints.com are and remain the exclusive intellectual property of Les Dessinés Papiers-Peints.
No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether software, visual or sound.
Any simple link or hypertext link is strictly forbidden without the express consent of Les Dessinés Papiers-Peints.
Article 13: Applicable law
The present General Terms and Conditions of online and remote sales for individuals are subject to French law, the French courts have exclusive jurisdiction for all disputes.