General terms and conditions of sale
General Provisions
These general terms and conditions of sale (hereinafter referred to as the "General Terms and Conditions of Sale") apply to all contracts of sale entered into with Christian Liaigre SAS:
• concerning one or more items (hereinafter the "Products") sold on the website www.liaigre.com (hereinafter the "Website") by Christian Liaigre SAS (hereinafter "LIAIGRE"), a French simplified joint stock company (société par actions simplifiée) with share capital of €242,150, whose registered and business address is 46, Rue de Lille, 75007 Paris, registered with the Paris Trade and Companies Register under number 393 070 099 and whose EU VAT number is FR 30 393 070 099.
• and concluded with any user who makes a purchase on the Website (hereinafter the "Customer") .
The contract of sale consists of:
• these General Terms and Conditions of Sale and,
• the order confirmation for one or more Products received by the Customer by e-mail.
Preamble
LIAIGRE sells very high-quality Products around the world under the "LIAIGRE" brand.
LIAIGRE sells the aforementioned Products via its Website. The list of Products offered for online sale by LIAIGRE can be consulted on the same Website.
The Customer may save and duplicate these General Terms and Conditions of Sale.
LIAIGRE reserves the right to modify these General Terms and Conditions of Sale at any time. The version of the General Terms and Conditions of Sale applicable to the sale will be the applicable version published online at the time the Customer places the order.
Article 1. - Purpose
The purpose of these General Terms and Conditions of Sale is to set out the rights and obligations of LIAIGRE and the Customer with regard to the online sale of the Products offered on the Website. These General Terms and Conditions of Sale shall prevail over any other document.
The Customer acknowledges having read these General Terms and Conditions of Sale before confirming the order as described in Article 4. Any order placed on the Website therefore constitutes unconditional acceptance of these General Terms and Conditions of Sale.
These General Terms and Conditions of Sale apply to orders placed for delivery to a European Union country, as proposed at the time of placing an order and/or creating a Customer account.
Article 2. - Scope
These General Terms and Conditions of Sale are solely reserved for consumers, as defined by law and case law, acting exclusively for their own account and for non-professional purposes. Consequently, the Customer represents that he has the legal capacity to enter into the agreement under the terms and conditions described below, meaning that he is an emancipated minor or has attained the age of majority and is not subject to protection within the meaning of Article 425 of the French Civil Code.
In accordance with Articles L.111-1 et seq. of the French Consumer Code, the main details and prices of the Products sold online are available on the Website.
Furthermore, the Customer receives the information provided for in Articles L.221-8 and L.221-11 of the French Consumer Code, relating in particular to the conditions of exercise of the right of withdrawal, prior to and after the conclusion of the sale.
Article 3. - Entry into force and Duration
These General Terms and Conditions of Sale apply to the Customer and LIAIGRE on the date of confirmation of the Order as defined in Article 4.
These General Terms and Conditions of Sale apply for the time needed for the supply of the Products and until the expiry of the warranties and obligations incumbent on LIAIGRE.
Article 4. - Ordering Products
The Customer places the order in accordance with the specifications appearing on the Website. The Customer's order will be deemed effective by LIAIGRE from the acceptance of payment by the Website or the receipt of funds in the event of payment by bank transfer.
An order confirmation will be sent to the Customer by e-mail.
The Customer will receive confirmation of the shipment of the order by e-mail.
All Orders placed on the Website are exclusively intended for the Customer's personal use. The Customer or the recipient of the Products shall refrain from any partial or total resale of the Products ordered.
Delivery will take place at the delivery address entered by the Customer at the time of the order.
In accordance with Article L.121-11 of the French Consumer Code, LIAIGRE reserves the right to refuse the order for any legitimate reason (and in particular in the event of an abnormal order, if a product is unavailable, in case of doubt as to the Customer's creditworthiness, in the event of errors in the order, or in the event of abnormal and unjustified returns and exchanges).
Article 5. - Personal details
When placing the order, the Customer agrees to provide the information requested. LIAIGRE cannot be held responsible for any errors in the information entered by the Customer or for the consequences thereof, which may lead to a delay or an error in delivery.
To ensure the security of transactions and to prevent means of payment fraud, LIAIGRE reserves the right to verify the information entered when the order is placed. Therefore, LIAIGRE may be required to request one or more supporting documents from the Client, by telephone or electronically.
This request will have the effect of suspending the order pending the transmission of these supporting documents by e-mail or by post.
In the event of non-compliance of the supporting documents or in the absence of a response, LIAIGRE may cancel the order. This cancellation will not give rise to the payment of any compensation to the Customer, who will only be reimbursed for the sums paid.
Article 6. - Order tracking
On receiving the order confirmation e-mail sent by the Website, the Customer will be able to track the progress of the order and delivery by contacting the Web Customer Service department: eshopcustomerservice@liaigre.group.
Article 7. - Products and Conditions of Validity
The Products available for sale online are exclusively those shown on the Website. Each Product is described with the utmost care using descriptions and photos taken by LIAIGRE. However, despite the care taken by LIAIGRE, the photographs may not provide an exact image of the Product, particularly with regard to the colours and rendering of the various materials. Differences may arise due to the colour quality of the photographs. LIAIGRE may not be held liable for any such differences and in no circumstances may they be interpreted as defects or result in the cancellation of the sale. The Customer is advised to refer to the description of each Product for details of its characteristics.
Any order constitutes express and irrevocable acceptance of the description of the Products.
Article 8. - Price
The prices of the Products sold on the Website are shown in euros and include all taxes (including VAT) applicable on the date of the order and to the destination country (as well as the eco-contribution payable in France). Any change in the VAT rate may be passed on to the price of the Products.
The prices of the Products do not include delivery and assembly costs, which will be charged in addition to the sale price of the Products (delivery and assembly costs are displayed on the Website and notified to the Customer when ordering), with certain exceptions that will be specified on the Website. These exceptions concern areas that are difficult to access (high-rise buildings, items requiring a 20m3 truck, etc.).
At the time of confirming the order, the price to be paid is the total amount comprising the price of the Products (including tax) plus delivery and assembly costs (including tax).
The offer of Products and their prices are valid as long as they are displayed on the Website and subject to available stocks.
Accordingly, information on the availability of the Products is provided to the Customer at the time of placing the order. Exceptionally, errors or modifications may occur, in particular in the event of simultaneous orders for the same Product by several Customers. If a Product is unavailable after the order is placed by the Customer, LIAIGRE shall inform the Customer by e-mail as soon as possible, offering either a replacement with another Product shown on the Website, or the cancellation of the order. If the Customer chooses to cancel the order, a refund will be made within 30 days of payment if the Customer's bank account has been debited.
LIAIGRE reserves the right to change the Products and the prices of the Products proposed on the Website at any time and without prior notice, it being specified that the Products offered for sale and their corresponding prices will be those in force at the time of the order as accepted by the Customer by confirming the order.
Article 9. - Payment Terms
All Products and delivery costs are payable in full by the Customer when placing the order.
Payment can be made:
• By bank card (Visa, Carte Bleue, Mastercard) in a secure transaction.
• By bank transfer if necessary. If necessary, the Customer will be contacted directly by the Website Customer Service department by telephone and/or by e-mail.
Payments by cheque are not accepted.
The Customer warrants that he has the necessary authorisations to use these payment methods.
Payment by bank card is made directly on Sherlock's, the website of LIAIGRE's partner bank, LCL. The Customer must be the holder of the bank card used and follow the procedure indicated to proceed with the payment.
LCL's website, Sherlock's, ensures the security and recording of the payment order. The Website has no access to the Customer's bank card data, which are encrypted to ensure payment security.
The Customer's bank card is debited for the total amount of the order at the time of payment, when the order is placed, and subject to verification of the payment details and receipt of the debit authorisation from the payment card issuer.
By providing his bank card details, the Customer authorises LIAIGRE to charge his bank card for the amount corresponding to the total price.
The Products ordered remain the property of LIAIGRE until the total price of the order is received. Thus, in the event of late payment, LIAIGRE reserves the right to suspend delivery until the debtor's account has been fully settled.
In the event that the total price cannot be debited within two (2) days (4 days if payment is made by bank transfer), the online sale on the Website will be immediately cancelled as of right and the order will be cancelled.
LIAIGRE implements all appropriate means to ensure the confidentiality and security of the data transmitted on the Website.
Article 10. – Confirmation
The order is confirmed for the Customer as soon as it is validated, subject to the application of Article 13. - "Right of withdrawal".
Once the order has been accepted by LIAIGRE, a confirmation e-mail is sent to the address indicated by the Customer when creating his account.
The data provided by the Customer and recorded by LIAIGRE at the time of registration and of placing the order constitute proof of the transaction between the Customer and LIAIGRE.
Article 11. - Delivery of the Order
11.1. Delivery Costs
The cost of delivery and, if applicable, assembly, via a carrier or express delivery company will be charged to the customer in addition to the price of the Products ordered. The fixed amount of these costs will depend on the Products ordered and the delivery address provided by the Customer. These costs are stipulated before the order is validated.
11.2. Mode of Delivery
LIAIGRE offers several methods for delivery to the address indicated by the Customer on placing the order, determined according to the weight and volume of the Products in the order:
- Either by carrier, which will ensure the delivery and installation of bulky Products
- Or by Colissimo, Chronopost, or another service provider for small Products
Before placing an order, the Customer must ensure that each Product ordered can be delivered without difficulty and that the dimensions of the Products as provided in the Product description are suited to any access constraints (lift, staircase, corridor, doors, position, etc.). The Customer must take all necessary measures to ensure the delivery takes place smoothly.
By ticking the box "I accept the General Terms and Conditions of Sale", the Customer confirms that the Products can be delivered under normal conditions.
When making an appointment with LIAIGRE's carrier, the Customer must expressly report any access difficulties that the carrier may encounter.
In the event of any difficulty encountered during the delivery of the Products for which the Customer is solely responsible, the Customer will be charged additional costs for a new delivery of the Products (redelivery, dismantling, window delivery, etc.).
Delivery (and assembly if necessary) of the Products may be made in a European Union country. Delivery (and assembly) of the Products is made to the Customer's home and the room specified by the Customer. The carrier will contact the Customer to agree on a delivery date. If the Customer is absent on the delivery date, the Customer must contact the carrier no later than 24 hours before the scheduled time to agree on a new appointment.
Any additional costs incurred for the hiring of a furniture lift or hoist, an additional delivery person and other specific requirements shall be borne by the Customer and charged by the carrier in addition to the sale price and the delivery costs mentioned on the Website at the time of the order.
The Customer undertakes to be present on the delivery date scheduled with the carrier and to inspect the contents of the order on delivery.
If the Customer is not present at the address indicated on the delivery date, or in the event of an error committed by the Customer in indicating the delivery address, redelivery costs will be borne by the Customer. The same shall apply if delivery is impossible due to access difficulties not previously indicated; redelivery costs will be borne by the Customer.
The Products will be accompanied by a delivery note. An invoice will be issued and sent to the Customer by e-mail in the days following delivery.
11.3. Delivery Address
The Client chooses a delivery address in a European Union country at the time of placing the order. The Customer is solely responsible for any failure to deliver if inaccurate information is provided at the time of the order.
11.4. Delivery time and delay
LIAIGRE shall inform the Customer of the estimated delivery times for each Product on the Website. The delivery times are then indicated when the Customer places the order for the Products.
An estimated delivery date is provided on the order confirmation e-mail sent to the Customer.
In the event of a delay in delivery, LIAIGRE undertakes to make every effort to keep the Customer informed of the change in the delivery date by e-mail.
The Customer may track the order at any time under the conditions set out in Article 6 of the General Terms and Conditions of Sale.
In the event of a delay of more than thirty (30) days from the order, the Customer is advised to contact LIAIGRE's Customer Service department using the contact details provided in Article 12 "Complaints" and may decide to set a new delivery date or terminate the contract of sale. In the event of termination, the Customer will be reimbursed in accordance with Article L.216-2 of the French Consumer Code.
On receipt of the order cancellation request, if the order has not yet been shipped, the delivery will be cancelled and the Customer will be refunded the amounts debited immediately and no later than 14 (fourteen) days from the date of the order cancellation request.
If the order has already been shipped at the time of the order cancellation request, the Customer must refuse the parcel when it is delivered by the carrier. When the Products are returned, LIAIGRE may refund the amounts debited for the Products within 14 (fourteen) days of receipt of the rejected parcel provided it is intact and in its original condition. The Customer shall be responsible for the delivery costs debited. Return transport costs will be borne by the Customer and will be deducted from the total amount due to the Customer.
11.5. Inspection of Products on delivery
The Customer is responsible for inspecting the Products at the time of delivery. On receipt of the delivery, the Customer must:
- Check the condition of the parcels (packaging)
- Check the condition of the Products inside the parcel before removing them
- Check that the Products delivered correspond to those shown on the delivery note
- Check that the Products match the order
Delivery shall be deemed to have been made when the Product is transferred to the carrier. The Products are transported at the Customer's own risk. The delivery note issued by the carrier, dated and signed by the Customer on delivery, constitutes proof of transport and delivery of the Product(s) ordered.
Article 12. – Complaints
In the event of problems or defects found during the inspection of the parcels and Products by the Customer, the Customer must note this clearly and legibly on the Delivery Order: breakage, damage, Product error, dimensions, missing Products, etc.
When delivery is made through an express transport provider, the Customer can express any specific reservations regarding the Products delivered no later than 3 (three) days from the date of receipt or collection of the Products.
In the absence of specific reservations made by the Customer, the delivery shall be deemed compliant.
To be accepted, any return (whether by express transport provider or carrier) must be notified to the Website Customer Service department in advance. Complaints for non-conformity, missing or defective Products must be reported directly by e-mail to eshopcustomerservice@liaigre.group, within 3 (three) days of delivery of the Products.
The Customer must keep the packaging and the delivery note, which will be requested by LIAIGRE. The Customer must provide any evidence justifying the claim.
LIAIGRE shall arrange for the removal of the Product at its expense.
After receiving, inspecting and validating the returned Product, LIAIGRE will resend the Product initially ordered at its expense. If the Product is out of stock, it will offer the Customer an equivalent Product or a refund (Product(s) + delivery costs).
Article 13. - Right of withdrawal
In accordance with the provisions of Article L.221-18 of the French Consumer Code, the Customer has a withdrawal period of 14 working days from the date of receipt of Products ordered on the Website to return them to LIAIGRE for a refund.
The return costs shall be borne exclusively by the Customer.
The Products must be returned intact and in their original packaging (with instructions, spare parts, accessories, etc.).
In accordance with Article L.121-20-2 of the French Consumer Code, orders for products made to measure (not shown on the Website) or customised products may not be cancelled or refunded by LIAIGRE.
To exercise the right of withdrawal, the Customer must make a return request to the Website Customer Service department by sending an e-mail to eshopcustomerservice@liaigre.group.
If the Customer returns Products under the right of withdrawal pursuant to this Article, the Customer bears the transport risks.
The Product must be returned unused, intact, complete, in new condition, in its original packaging, following the procedure that will be communicated to the Customer by e-mail.
If the Customer is unable to do so, LIAIGRE shall provide the Customer with a collection service at the Customer's expense, the cost of which amounts to the cost of the initial delivery, excluding any discount. In all cases, returned Products are transported at the Customer's own risk.
Any Product that is damaged, incomplete, missing, or whose original packaging has been damaged, will not be refunded.
If the right of withdrawal is exercised, and after receipt and inspection of the Product, LIAIGRE will reimburse the sums paid (price of the Product alone, excluding delivery costs) within 30 days. The reimbursement will be made according to the means of payment chosen by the Customer less the costs of collecting the Products when the option to return the Products has been chosen by the Customer.
LIAIGRE does not offer the possibility of returning Products ordered on the Website to a physical store.
Steps to follow:
The Customer must contact the Website Customer Service department at eshopcustomerservice@liaigre.group and follow the procedure that will be communicated to him by e-mail.
In any event, the Customer must choose an authorised carrier to return the Product to the following address:
Christian Liaigre
58 quai de la Marine
93450 Ile Saint Denis
FRANCE
Article 14. – Warranty
LIAIGRE guarantees the Products for a period of two years from their delivery date, in accordance with Articles L.217-4 et seq. of the French Consumer Code.
The Product is in conformity:
(i) If it is suitable for the use usually expected of a similar item and, if applicable:
• if it corresponds to the description given by the seller and has the characteristics the seller presented to the buyer in the form of a sample or model;
• if it has the characteristics a buyer may legitimately expect with regard to public statements made by the seller, the producer or its representative, in particular in advertising or labelling;
(ii) or if it has the characteristics defined by mutual agreement by the parties or is fit for any special purpose sought by the buyer, brought to the attention of and accepted by the seller.
If the Product is not in conformity, the Customer chooses between repair and replacement of the item. However, LIAIGRE may decide not to proceed according to the Customer's choice if this incurs manifestly disproportionate costs in relation to the other choice, given the value of the item or the importance of the defect. In such case it is required to proceed with the option not chosen by the Customer, unless this is impossible.
The warranty covers all manufacturing defects and does not cover damage caused by mistreatment of the Products, misuse, accidents, the use of harmful or corrosive products (water, solvents, etc.), wear, damage caused by negligence, lack of maintenance, damage caused by carriers, damage caused by external factors or force majeure and not attributable to defects in the conformity of the Products.
Any intervention, modification or transformation of the guaranteed Products by the Customer or a third party shall render any claim against LIAIGRE null and void.
The Customer may also decide to implement the warranty against hidden defects of items sold within the meaning of Articles 1641 to 1648 and 2232 of the French Civil Code and, in this case, may choose between the termination of the sale or a reduction of the sale price in accordance with Article 1644 of the French Civil Code.
No compensation is due in respect of any immobilisation of the Product for repair under the Warranty.
It is also recalled that all finishes of furniture and sofas may suffer colour variations over time due to the effects of sunlight, ageing etc.
No claim shall be admissible in this respect.
To enforce the legal warranty, the Customer must report the defect to LIAIGRE as soon as it appears by contacting the Website Customer Service department: eshopcustomerservice@liaigre.group, indicating the required information including the order number, details of the defect and enclosing photographs. The Customer will then follow the procedure explained by the Website Customer Service department.
The Customer shall comply with the Product return conditions described by the Website Customer Service department.
The cost of returning the Product under the legal warranty shall be borne by LIAIGRE.
Article 15. – Repair
Except in the specific cases in which the aforementioned legal warranty applies, LIAIGRE provides its Customers with a repair service available for a fee.
To take advantage of this service, the Customer is invited to contact the Customer Relations department by e-mail: relation.client@liaigre.group.
Article 16. – Disputes and liability
LIAIGRE undertakes to describe the Products sold on its Website with the utmost accuracy.
LIAIGRE may not be held liable for a variation in colour between the Product delivered and its representation on the Website.
The Customer is responsible for ensuring the accuracy of the data entered on the Website and provided to LIAIGRE when creating his customer account and in particular the delivery address.
LIAIGRE cannot be held responsible for data input errors that could cause errors in delivery. If the delivery address is incorrect or if the Customer decides to change the delivery address after the Products have been shipped, the costs of the new delivery will be borne by the Customer.
The Customer is solely responsible for his choice and purchase of the Products. Consequently, any impossibility in using the Products, particularly due to the incompatibility of the Product, may not give rise to any compensation, reimbursement or liability for LIAIGRE, except in the case of a hidden defect, non-conformity of the Product, a defect or the exercise of the right of withdrawal provided by the provisions of the French Consumer Code, the principles of which are recalled above.
LIAIGRE shall not be held liable for any inconvenience or damage inherent in the use of the internet, including service disruption, external intrusion or the presence of a computer virus. LIAIGRE is not responsible for the websites accessed by hyperlinks on the Website.
Article 17. - Force Majeure
Neither party shall be held liable if the performance of the contract is delayed or prevented due to a case of force majeure or unforeseeable circumstances due to the other party or a third party or external causes.
Force majeure is defined as an insurmountable and unavoidable event resulting from an event outside the control of the parties, which consists of an event or series of events meeting the definition of force majeure within the meaning of Article 1218 of the French Civil Code.
The following events are also considered as cases of force majeure for the purposes hereof: floods, fires, total or partial strikes, lock-outs (including strikes and lock-outs affecting LIAIGRE directly or indirectly), epidemics, blockages of means of transport or any reason, earthquakes, storms, water damage, government or legal restrictions, computer failures, blocking of telecommunications.
The Customer may not invoke such events to cancel the order or withhold payment of invoices. The Products ready to be delivered at the time of the event must be accepted and paid for by the Customer.
Article 18. – Personal data
LIAIGRE reserves the right to collect data about the Customer, in particular through the use of cookies. LIAIGRE may, for commercial reasons, transmit the Customer's identity and contact details to a transport partner.
The information provided in the purchase order is subject to automated data processing.
LIAIGRE collects and processes Data in compliance with the provisions of the French data protection law no. 78-17 of 6 January 1978 (the "Data Protection Act") and Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 (the "Regulation"), in accordance with its Privacy Policy, which is available at the following address: https://eshop.studioliaigre.com/en/content/2-privacy-policy
The Privacy Policy is an integral part of the General Terms and Conditions of Sale.
The Customer is referred to the Privacy Policy and is advised to read it for further details on the collection and processing of the Customer's Data.
Pursuant to the provisions of the French Data Protection Act and the Regulation, Customers have a right to access, rectify or delete their data, to restrict or oppose the processing of their data, to issue instructions regarding the retention, erasure and transmission of their data on their death, and the right to data portability.
Customers can exercise their rights by writing to:
LIAIGRE E-Shop
46, Rue de Lille
75007 Paris
LIAIGRE undertakes to ensure adequate levels of protection in accordance with the applicable legal and regulatory requirements. However, as no solution provides absolute security, there remains a residual risk when transferring data over the internet.
LIAIGRE shall notify the French data protection agency (CNIL) and/or the Customer concerned of any Data breaches covered by the Regulation.
Article 19. – Intellectual property
All parts of the Website are and remain the intellectual and exclusive property of LIAIGRE.
The Customer is not authorised to reproduce, exploit, distribute, or use, even partially, any elements of the Website, including software and visual or audio content, for any reason whatsoever. The text, images, drawings and graphics charter of the Website are protected by intellectual property law. The copying, extraction, distribution, modification or adaptation of the content of the Website is prohibited.
The downloading and printing of text, images and graphic elements are allowed for private and non-commercial use only. The reproduction of drawings, images, sound files, videos and text in other electronic or printed publications requires the prior written consent of LIAIGRE.
The absence of authorisation constitutes an offence for infringement of copyright. The trademarks and logos appearing on the Website are registered and protected trademarks. Any total or partial reproduction of these trademarks and/or logos, made from the elements of the Website without the express authorisation of LIAIGRE, constitutes an offence for infringement of copyright and is punishable by Articles L.335-3 et seq. of the French Intellectual Property Code.
Article 20. – Severability of clauses
The fact of any clause of the General Terms and Conditions of Sale becoming null and void, unenforceable, invalid, illegal or inapplicable as a result of a law or regulation or following the final ruling of a competent court, may not call into question the validity, legality or enforceability of the other provisions of these General Terms and Conditions of Sale, which shall remain in force.
The Customer shall remain bound to fulfil his contractual obligations and may not, in this respect, claim any exemption from liability.
Section 21 – Non-waiver
The fact that LIAIGRE does not avail itself at any time of any provision of the General Conditions of Sale may not be interpreted as a waiver of the right to subsequently avail itself of this provision or prevent LIAIGRE's exercise of any other right or privilege.
Article 22. – Language, applicable law, mediation and jurisdiction
The General Terms and Conditions of Sale are drafted in French. If they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
The General Terms and Conditions of Sale are subject to French law.
Any dispute relating to the sale of a Product or the interpretation of the General Terms and Conditions of Sale not resolved after a complaint (Article 12) may be brought before the ombudsman, the Centre de Médiation et d’Arbitrage de Paris (CMAP), of which LIAIGRE is a member, as provided for by the provisions L.611-1 et seq. of the French Consumer Code.
To do this, a mediation request detailing the complaint should be referred to the Centre de Médiation et d'Arbitrage de Paris, a non-profit association under the law of 1901, whose registered office is located at 39 avenue Franklin D. Roosevelt, 75008 Paris, France. The Customer can consult the CMAP website at the following address: https://www.cmap.fr/offre/un-consommateur/.
If an amicable settlement cannot be reached, the dispute shall be subject to the jurisdiction of the French Courts.