GENERAL CONDITIONS OF SALE
These General Conditions of Sale (GCS) define the contractual relationship between any professional customer (referred to below as ‘the Customer’) and Depot Bingo S.A.S. (‘Decoration Brands’), a simplified joint stock company with a capital of €300,000 registered on the Beauvais Trade and Companies Register (RCS) under the number 491 127 254, the registered office of which is Parc d’Activité de la Belle Assise, 60480 Oursel-Maison, for the purpose of ordering and supplying household and personal goods marketed under the brands owned by JJA (referred to below as ‘the Products’) and any associated services from the website www.decorationbrands.com (referred to below as ‘the Website’).
1. SCOPE OF APPLICATION
Access to the Website is strictly reserved for Professionals. Any individual or private or public legal entity purchasing products via the www.decorationbrands.com website as part of their non-trading, commercial, self-employed or charitable activity is considered to be a professional.
Decoration Brands guarantees that JJA, the importer of the products sold on the Website, in its capacity as a member of Eco-mobilier, is registered on the National Register of Market Distributors of Furnishing Items under the number FR004875. This number guarantees that the products marketed under JJA’s brands comply with the regulatory obligations applying to it pursuant to Art. L541-10-6 of the (French) Environment Code.
Sales made to overseas professionals or abroad may require additional and/or specific conditions. For further information, please contact the Customer Service Department using the form provided for such purpose on the Website under the ‘Contact us’ heading.
Any order of Products placed on the Website implies the Customer’s full and complete acceptance of these GCS, which alone will govern the sales of Products and their delivery. They thus prevail over the conditions appearing in any document relating to the customer’s purchasing conditions, unless the parties amend them in writing.
The fact that Decoration Brands does not apply one of these Conditions cannot, under any circumstances, be interpreted as a waiver by it of applying it at a later date.
Decoration Brands reserves the right to adapt or modify these GCS at any time. The updated version of the GCS is available on the Website. The Customer will be informed of the new GCS pursuant to an online modification and the new conditions will be automatically applicable only to sales made after they have been published.
2. PRODUCTS - CHARACTERISTICS - STANDARDS
2.1 Subject to availability, the Products offered for sale by Decoration Brands are those listed on its website (referred to below as ‘the Offer’).
There may be slight differences between the Products delivered and those represented on the Website. As long as they do not denature the Products or affect their quality, such differences cannot justify a cancellation of the order or a refusal of the delivery.
The photographs of the Products published on the Website or in the digital catalogues may differ from the purchased Product in terms of colour rendering due to technical difficulties linked, in particular, to Internet browsers and/or display monitors. Decoration Brands cannot be held liable for the inaccuracy resulting from such differences.
2.2 The products presented for sale on the Website comply with French and European standards and regulations that are applicable on the date of their entry into French territory. Decoration Brands also undertakes to ensure that the Products guarantee the rights of third parties in their forms, designs and packaging.
Consequently, in the event that the Customer envisages directly or indirectly marketing the Products in a territory other than the European Union, it will be solely responsible for verifying the standards and specific markings that may be applicable and for ensuring that they are respected in the territory in question. Decoration Brands cannot, under any circumstances, be held liable for the harmful consequences that may result for the Customer from any non-compliance of the Products with local standards.
Furthermore, due to the nature of their use, some Products may not meet the specific requirements of the regulations applicable to establishments receiving the public (referred to below as ERP) and, in particular, fire-resistance standards. Consequently, it is the Customer’s responsibility to verify, before any purchase, the compatibility of the product with its use. Decoration Brands cannot be held liable in the event of non-compliance with such requirements.
2.3 In addition, some of our Products are not suitable for intensive use and are not, therefore, recommended for Professionals. Professionals must, prior to any order, ensure that the Products selected are suitable for the use for which they are intended.
Products intended for professional, collective, use and/or in establishments receiving the public will be referred to in the item information sheet by the ‘PRO’ logo. Decoration Brands cannot be held liable for the Customer’s failure to comply with its obligation to provide prior information and/or for any use that is contrary to the published statement.
Quotes may be produced at the request of the Customer in consideration of the needs expressed by the latter. Any modification and/or extension of the products and services will give rise to the production of a new or supplementary quote.
All quotes must be specifically accepted by the Customer.
Any order by the Customer must be formally accepted by Decoration Brands. Consequently, an order will be firm and definitive only once an order confirmation email has been sent to the Customer and the full amount of the order has been paid.
The sale prices of the Products appearing on the Website are indicative only. The sale prices of the Products that are applicable are those that apply on the day of the Customer’s order.
Prices are expressed in euros and are exclusive of tax. They include the environmental eco-tax for Products that are subject to such tax and exclude any packaging, delivery, commissioning or installation costs.
5. PAYMENT CONDITIONS
The price is payable in cash in full when the order is placed.
Decoration Brands issues electronic invoices. They are deemed to be original invoices for the purposes of application of Arts. 286 and 289 of the General Tax Code. By accepting the GCS, you agree to receive invoices in electronic format.
Payment can be made:
• By CB, Visa®, American Express®, Mastercard® credit cards;
Payment is secure: credit card details are encrypted using SSL (Secure Socket Layer) and are never sent unencrypted over the network. Payment is made directly to the bank. At no time does Decoration Brands have access to these details and cannot store them on its servers. They are, therefore, requested for each new transaction on the Website.
• Via your Paypal® account;
• By bank transfer using the bank account details given when placing the order.
In the event of the non-payment of the total or part of the price of the goods, the goods will remain the property of Decoration Brands until full payment of the price by the Customer.
Decoration Brands reserves the right to check the validity of the payment before the order is dispatched by any means it considers necessary (in particular, identity papers, proof of address, etc).
In the event of fraud, Decoration Brands reserves the right to remove any customer without notice or compensation.
6.1 Terms of delivery
The delivery times referred to on the Website are in working days and are indicative only. Decoration Brands cannot be held liable to the Customer in the event of a change in these times and/or a delay in delivery by the carrier.
Delivery times cannot exceed 30 working days after the date of validation of payment by the Customer (date of registration of the order).
Under no circumstances can Decoration Brands be held liable if there is a delay or suspension of delivery that is attributable to the Customer. If the Customer is absent at the time of the delivery by the carrier, the delivery may give rise to the payment of additional costs, storage and/or warehousing costs and the cancellation of the order by Decoration Brands.
As all communications between the Customer and the Website are essentially carried out by email exchanges, it is essential that the Customer enters a valid email address in his or her account information. Failing this, Decoration Brands cannot be held liable for the associated consequences.
6.2 Place and manner of delivery
Decoration Brands undertakes to deliver Products that conform with the order in packaging conditions that are sufficiently good to protect their integrity.
Delivery will be made to the address indicated by the Customer when placing the order by handing over the Products directly to the Customer, provided the latter has supplied all of the details necessary for their correct delivery. Standard delivery takes place exclusively at ground floor level, except for the ‘Your Place’ delivery service for the eligible Products and countries (France, Belgium, Luxembourg).
Deliveries can be total or partial and will be carried out, at the choice of Decoration Brands, by external partner carriers.
7. B2B WARRANTIES - RETURNS
7.1 Guarantee of conformity
Without prejudice to the provisions of Art. L.133-3 of the (French) Commercial Code, any complaint about apparent defects or the non-conformity of the Products delivered by Decoration Brands must, under penalty of being time-barred, be sent to Customer Services via the form provided for such purpose on the Website under the ‘Contact us’ heading within a maximum period of five working days from delivery. Such document must contain all information that enables Decoration Brands to verify the validity of the reservations issued by the Customer.
Any return of Products must first be accepted by Decoration Brands. In default, the return will be made at the Customer’s expense and risk.
In the event of a proven defect, Decoration Brands will carry out the standard exchange or reimbursement of the Product or Products in question. The liability of Decoration Brands is limited to the replacement or reimbursement of the Products in question. No compensation of any kind can be claimed by the Customer. In any event, the requests for replacement or reimbursement can be accepted and analysed only after receipt of the so-called defective Products where this has been requested by Decoration Brands.
7.2 Warranty for hidden defects
Decoration Brands is bound by a warranty covering hidden defects in the item sold that render it unfit for the use for which it was intended or that diminish such use so much that the Customer would not have acquired it or would have only paid a lower price if he or she had known about them.
Having regard to the nature of sales between professionals, any request for a return due to a hidden defect must be sent within a maximum period of three (3) calendar months from the delivery of the Product to Decoration Brands’ Customer Service via the contact form provided for this purpose on the Website under the ‘Contact us’ heading. The Customer must provide proof that the hidden defect existed when the Product was purchased.
Any return of Products must be first accepted by Decoration Brands. In default, the return will be made at the expense and risk of the Customer. Decoration Brands will proceed with the standard exchange or reimbursement of the Product or Products in question. The liability of Decoration Brands is limited to the replacement or reimbursement of the Products in question. No compensation of any kind can be claimed by the Customer.
As a commercial gesture, Decoration Brands authorises the Customer to return a Product, without providing reasons, within a maximum period of thirty (30) calendar days. The return request must be sent to Decoration Brands’ Customer Service via the contact form provided for such purpose on the Website under the ‘Contact us’ heading.
The returned Product must be returned in a condition that allows it to be immediately sold again. The Product must, therefore, be returned in new condition together with all of the instructions and accessories that were delivered with it and in its original packaging.
Subject to compliance with all of these conditions and with the specific agreement of Decoration Brands, the Customer may be reimbursed for the purchase value of the returned product. Unless otherwise agreed by Decoration Brands, the shipping and return costs are at the expense of the Customer.
8. B2C WARRANTY - AFTER-SALES SERVICE
The Products sold by Decoration Brands are covered by the legal warranty covering conformity and hidden defects for the benefit of the consumer, as stipulated in Arts. L.217-4 and following of the Consumer Code and Art. 1641 and following of the (French) Civil Code.
In the event of a manufacturing non-conformity of any of the Products via a complaint from a consumer, customer or a random inspection by a competent administrative or judicial authority, the Customer undertakes to provide direct after-sales service to the consumer. The Customer will always have the possibility of contacting Decoration Brands’ Customer Service via the contact form provided for such purpose on the Website under the ‘Contact us’ heading in order to answer any questions relating to a warranty request requiring the assistance of Decoration Brands.
In the event of a complaint, Decoration Brands reserves the right to apply any exception likely to limit or exclude the legal warranty on the Customer and the consumer.
Decoration Brands will initiate, as soon as possible and at its own expense, a procedure for the withdrawal and/or recall of the Product in question, depending, in particular, on the level of seriousness of the non-conformity revealed. This procedure will systematically include the communication of immediate measures to be taken and the procedure for return and/or withdrawal of the Products.
9. EXCLUSION FROM WARRANTY
The Decoration Brands BtoB and BtoC warranties are excluded in the following situations:
• Abnormal and/or non-conforming use of the Product with respect to its specifications;
• Negligence and/or fault of the Customer in the storage/maintenance of the Product;
• Natural wear and tear of the Product;
• Use of the products outdoors, except for the Products specially designed for such purpose;
• Discolouration due to light, particularly in all fabric products, except where the product is deemed to be ‘UV resistant’ in its product description;
• Apparent defects that the customer was able to see for him or herself;
• Non-compliance with precautions, advice and instructions on the use, assembly, maintenance, storage, preservation or protection of the products;
• Shocks or falls of any kind to the Products;
• All faults or defects resulting from lightning, floods, fire, torrential rain, storms, hurricanes, high water, hail or any other force majeure event as assessed by case law;
• The addition or replacement of parts that do not comply with those recommended by the brand;
• Changing the structure of the product itself;
• Work on or repairs to the products other than within the scope of the warranty;
• In the event of the sale by the Customer of a product displayed in a shop.
• For Feeric Lights & Christmas branded Products, the intensive and continuous use of the Products.
Decoration Brands cannot be held liable for any indirect and non-consecutive damage such as - and without this list being considered exhaustive - prejudice or commercial problems, loss of customers, loss of profit, income or operation, loss of brand image or data.
The maximum amount of compensation that may be paid by Decoration Brands, whatever the basis of the claims, cannot exceed the total amount, excluding taxes, invoiced to the Customer for the order that generated the damage, except in the event of personal injury.
11. INTELLECTUAL PROPERTY
The Products sold on the Website are protected by various intellectual and industrial property rights. These intellectual property rights are and remain the exclusive property of JJA. Decoration Brands, in its capacity as licensee, ensures the respect of these rights by the Customer and the consumer.
Decoration Brands, in its role as licensee, authorises the Customer to use, reproduce and exploit the visuals and intellectual property rights solely in the context of the promoting and marketing of the Products. The use of the trademarks and/or visuals of the Products and/or logos and/or media for distribution and reproduction and/or any other element of communication referred to in the previous paragraph may be limited in order to preserve the specific and exclusive agreements referred to by certain brands.
Any registration by the Customer of trademarks, designs, models, distinctive signs in general or any reservation of domain name or usernames that include an intellectual property right belonging to JJA is strictly prohibited.
Any purchase of keywords such as ‘Google Adwords’, commercial links or other Internet referencing must be applied in accordance with the relevant legislation and case law and, in particular, not be used in such a way as to create confusion between the Customer and the Decoration Brands and/or JJA companies.
The Customer is not authorised to modify the Product visuals, brands, packaging, presentation and distinctive signs and/or use them in a modified presentation. Decoration Brands reserves the right to monitor the use that the Customer makes of such brands, visuals and distinctive signs.
Decoration Brands and/or JJA cannot be liable for any product name, collection name, visual or logo reproduced by the Customer on any promotional or information medium whatsoever that does not constitute a trademark, logo or model registered by JJA where such use infringes the rights of a third party.
In the event of resale on ‘marketplace’ platforms by the Customer of any Product purchased on the Website, the Customer undertakes to refer to the brand of the Products. This statement is compulsory on all product sheets and the Customer is prohibited from referring to its trading name or any of its brands so as to avoid any confusion in the mind of the consumer.
If any of the clauses of this contract are declared to be null and void pursuant to a change in legislation or regulations or a court decision, this will not, under any circumstances, affect the validity of and compliance with all of the other provisions of these General Conditions of Sale.
The computerized registers that are held in the computer systems of Decoration Brands and its partners under reasonable security conditions will be considered as proof of communications, orders and payments between the Parties.
The archiving of order forms and invoices is carried out on a reliable and durable medium that corresponds to a faithful and durable copy in accordance with Art. 1348 of the Civil Code.
14. FORCE MAJEURE
In the event of the occurrence of a force majeure event as defined in Art. 1218 of the Civil Code, the effects of which could not be avoided by appropriate measures, the performance of its obligation by the person the subject of the obligation will be suspended if the impediment is temporary, unless the resulting delay justifies the termination of the contract.
If the impediment is definitive, the contract will be automatically terminated and the parties released from their obligations under the conditions provided for in Arts. 1351 and 1351-1 of the Civil Code.
A force majeure event within the meaning of this Article is, in particular, war, natural disaster, embargo, epidemic, an event of such a nature as to hinder the proper functioning of the parties or their suppliers (such as strike, lock-out, partial unemployment, shortage of raw materials, accident, incident, supply difficulties, interruption or delay in transport).
The parties cannot be liable for any other direct or indirect losses or damage caused by or resulting from such suspension or termination.
15. APPLICABLE LAW - ATTRIBUTION OF JURISDICTION
These GCS and any contract concluded pursuant to them are subject to French law. They are drawn up in French. If they are translated into one or more languages, only the French version can be relied on in the event of a dispute.
Decoration Brands and the Customer exclude the application of the Vienna Convention on the International Sale of Goods.
Any dispute relating to the validity, interpretation, performance and/or non-performance of these general conditions of sale and the Customers covered by them will fall within the exclusive jurisdiction of the Paris Tribunal de Commerce [Commercial Court], even in the event of multiple defendants or calls on guarantees. Decoration Brands nonetheless reserves the right to waive the benefit of the above paragraph and bring proceedings in any other competent court or resort to mediation or arbitration.