General Terms and Conditions of Sale and Use
Article 1: Scope and Object
1.1 Definitions, scope
These General Terms and Conditions of Sale and Use (hereinafter referred to as “T&Cs”) apply to any connection to and browsing of the website operated at the following address: https://belull.com/ (hereinafter the “Website www.belull.com” or the “Site”).
This Site is the property of its publisher, Epsilon Composite, a public limited company with share capital of €2,951,590, registered with the Bordeaux Trade and Companies Register under number 342320 272, having its registered office at 5 route de Hourtin – 33340 Gaillan Médoc (hereinafter “Epsilon Composite” or the “Company”).
The T&Cs apply without restriction or reservation to all sales made between the Company and any person wishing to make a purchase on the Site (hereinafter the “Customer”).
The Customer hereby formally declares that he/she is an individual, non-professional natural person, that he/she is of age or emancipated and that he/she has full legal capacity to contract and place an online order.
The Customer and Epsilon Composite jointly agree that their relations are governed exclusively by these T&Cs. In this respect, the Customer acknowledges that any order validated by a first click on a “I agree” check mark and then by the “click” to validate the order implies irrevocable adherence to these T&Cs. This validation by the Customer associated with the authentication and non-repudiation procedure and the protection of the integrity of the messages constitutes the expression of the unequivocal will of the Parties deemed to be signatories to the act of distance selling.
Epsilon Composite reserves the right to adapt or modify these T&Cs at any time. Each order will be deemed to have been placed under the terms of the T&Cs in force on the day it is placed on the site, the date on which the T&Cs are put online being the effective date.
The purpose of these T&Cs is to define the online sales regime for decoration and furniture products and the rights and obligations arising therefrom.
These Terms and Conditions of Sale are intended to govern:
• the organisation of legal relations between Epsilon Composite and the Customer.
• the terms of sale between Epsilon Composite and the Customer (price, order, payment, delivery, etc.).
Article 2: Product overview
The characteristics of the products offered for sale online are presented in the various sections of our Site.
Some products are offered for sale as bespoke products. These products may not be sold online. The customer will be redirected to a contact and information request form.
Only the information exchanged with the sales department will be authentic for the order. Other technical and commercial information is given for information only on the website.
Photographs are not included in the contract.
Differences between the products delivered and the photos representing them on the website may exist, but the Company cannot be held liable for these differences as long as they do not concern the essential characteristics of the products and do not affect their quality or their use.
Due in particular to the various Internet navigation software and/or display monitors, the colour rendering on the www.belull.com Website is indicative and cannot be guaranteed to be true to the reality of the colours of the products represented.
All texts and images, photos, trademarks, logos presented on the BELULL website are protected, for the whole world, under copyright and intellectual property rights; their reproduction, even partial, is strictly prohibited.
Article 3: Period of validity of sales offers
Products are offered for sale while stocks last. In the event of an order for a product that has become unavailable, the customer will be informed of this unavailability, as soon as possible, by email or postal mail.
Article 4: Product prices
The various sections of our Site indicate the prices in euros. Prices are inclusive of all taxes (including VAT) at the ordinary tax rate applicable on the day of the order, excluding shipping costs.
The amount of VAT is specified when a product is selected by the Customer and the shipping and assembly costs or any other ancillary service appear on the screen at the end of the customer’s selection of the different products.
Specific taxes, other than VAT, applicable at the discretion of the regulations (such as the eco-tax on furniture) are indicated only on the shopping cart page, which is the only page to be taken as proof.
Epsilon Composite reserves the right to modify the prices at any time before the final validation of the order, in particular in the event of an increase in costs, the VAT rate and in the event of a manifest error.
The products are invoiced at the rate in force on the Site at the time of final validation of the order by the Customer.
The prices excluding tax of Epsilon Composite include only the price of the product itself, as described, as well as its packaging.
Epsilon Composite reserves the right to modify its prices at any time, without notice. The products ordered are invoiced at the price in force at the time the order is recorded.
The products remain the property of Epsilon Composite until full payment has been received by Epsilon Composite. Regardless of the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products are therefore shipped at the Company’s own risk.
Article 5: Order procedure and methods
5.1 Obligations incumbent upon the Customer
To place an order, the Customer must log on to the Website. The Company endeavours to provide permanent access to its Website. However, breakdowns or maintenance operations may lead to service interruptions without the Company being held liable.
When placing their first order, the Customer must create a customer account via the “MY ACCOUNT” section, then “New registration” and fill in the mandatory information. On this occasion, the Customer communicates the information enabling him/her to be identified, the sincerity and accuracy of which he/she certifies.
Registration on the Epsilon Composite Website is effective as soon as the Customer clicks on the “Register” button.
The Customer can also create an account from the section “Confirm the order“, then “Create your account” of the registration form and fill in the mandatory information on the form dedicated to this purpose.
Registration on the Epsilon Composite Company Website is effective as soon as the Customer clicks on the “Order” button.
On the occasion of subsequent orders, the Customer may access his/her account by entering his/her username and password.
The Customer agrees to make strictly personal use of his/her account, not to disclose his/her username and password to third parties and to take all reasonable measures to keep them secret.
The Client shall indemnify the Company for any liability arising from fraudulent use of his/her own account.
The Company reserves the discretionary right to refuse a registration and to suspend or delete an account without being held liable in this respect.
5.2 Placing the order
The Customer must follow the various steps specified on the Website. Any order placed will be confirmed by the sending of a confirmation email by Epsilon Composite to the email address indicated by the Customer containing the summary of the order, the place of delivery and the method of payment. This information will also be available on the Website in the “MY ACCOUNT” section. In the event of failure to receive this confirmation email, the Customer must verify his/her spam emails or other anti-spam software.
Prior to the final validation of his/her order, the Customer may make changes to it when he/she finds that an error has occurred in the data entry.
The Customer can only validate his/her order after having read these T&Cs and having accepted them by ticking the box dedicated to this purpose, with 1 “click” (Article 1127-2 of the Civil Code).
Any order validated by the Customer shall not be considered effective by Epsilon Composite until payment has been confirmed.
The data communicated by the Customer and recorded by Epsilon Composite during the registration of the order constitute proof of transactions between the Customer and Epsilon Composite.
The information relating to the order is subject to computerised data processing, for which Epsilon Composite is responsible, in accordance with the provisions of Article 14 of these T&Cs
The order confirmation as well as the invoice are sent by email to the Customer, once payment has been made.
5.3 Monitoring the Order
Upon receipt of the email sent by Epsilon Composite, the Customer may, by logging on to the site, via the “MY ACCOUNT” and then “MY ORDERS” buttons, monitor the progress of his/her order and delivery.
The Customer also has the possibility of tracing his/her order by contacting the Customer Relations Department on the toll-free number depending on the operator, displayed on the order confirmation sent to the Customer.
Article 6: Payment
6.1 Payment terms
The products presented on the Website are payable at the time of order, in a single payment.
The Customer may pay for his/her order by the following means of payment:
Credit card: Visa, Mastercard, Amex and Credit Card
Epsilon Composite offers its customers an online payment by credit card secured by SSL (Secure Socket Layer) encryption protocol. Epsilon Composite uses the payment provider PAY PLUG (www.payplug.com). The bank details of the purchaser paying by credit card are not kept by Epsilon Composite and are sent directly to PAY PLUG.
Some payment methods use 3D Secure security enhancement. This technology complements standard security by requesting an additional code sent by SMS to the Customer’s mobile phone or by voice message to the Customer’s landline phone.
Customer must enter their bank details. The Customer’s communication of his/her credit card number and cryptogram constitutes authorisation to debit his/her account up to the amount of the order.
Any order with payment by credit card shall be considered effective only when the payment centres concerned have given their consent.
Bank transfer made offline through the Web Customer Service to the bank account of Epsilon Composite, the references of which are accessible after validation of the order.
The bank account holder must be the person placing the order (surname, first name and address). The order will be booked for seventy-two (72) hours from the validation of the cart and will only be confirmed upon receipt of the transferred amount.
If the transfer is not received within seventy-two (72) hours of validation of the cart, the order will be considered as cancelled by the Customer.
6.2 Combating payment fraud
For reasons of fraud limitation, Epsilon Composite reserves the right, in order to accept the sale, to ask the Customer to prove his/her identity, the place of his/her domicile and the means of payment used. In this case, the processing of the order will take place from the receipt of these documents. Epsilon Composite reserves the right to cancel the order in the absence of receipt of said supporting documents or receipt of supporting documents deemed non-compliant.
Epsilon Composite reserves the right to refuse to honour any order in the event of a dispute relating to the payment of a previous order.
6.3 Payment incident
Epsilon Composite shall not be obliged to proceed with the delivery of the products ordered by the Customer if the latter does not pay the full price under the conditions indicated above.
When debiting the order, in the event of incomplete, irregular or non-existent payment for any reason whatsoever or in the event of any payment incident, Epsilon Composite reserves the right to suspend or cancel the delivery of orders in progress.
In the event of non-payment for any reason, an amicable lump sum compensation of fifteen euros (€15) will be required by Epsilon Composite in addition to the amount of the invoice, plus the debit fees invoiced by the bank of Epsilon Composite in the event that the amicable recovery has remained unsuccessful within a period of ten (10) days from the date of sending the first letter of request for recovery, whether this letter is sent by registered mail or by simple letter. Recovery will be by litigation. The litigation costs that would be required to be invoiced by the collection firm intervening for Epsilon Composite directly to the Customer are independent of the amicable flat-rate compensation.
In the event of non-payment after formal notice has remained without effect, Epsilon Composite shall retain until full payment a right of full ownership over the ordered products and may bring a claim before the competent judge.
Article 7: Delivery
Periods of time
Epsilon Composite reserves the right to choose the most appropriate mode of transport according to the nature of the product, its weight and its volume, which the Customer declares to have read and accepted.
Delivery times may not exceed four (4) months after the date of validation of payment by the Customer.
Delivery times cannot be guaranteed in case of force majeure, as defined by Article 13 of these T&Cs. Delivery times do not take into account any procedures for monitoring the Customer’s payment which could delay the shipment of his/her order.
If the product is in stock, the announced delays run from the registration of the order. In all cases, the expected delivery date is indicated on the acknowledgement of receipt of the order.
This is an average time corresponding to the service used for a delivery in Continental France. In the event of unavailability, the Customer will be responsible for collecting the product from the services concerned.
When the product is sent by carrier to the delivery address indicated by the Customer, the carrier will then contact the Customer as soon as possible to agree with him/her on a delivery appointment date. Epsilon Composite cannot be held liable for delivery delays due to unavailability of the Customer.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above. However, these deadlines are given for information only. If the Products ordered have not been delivered within four (4) months of the date of validation of payment, for any reason other than force majeure or the Customer’s fault, the sale may be cancelled at the Customer’s written request under the conditions provided for in Articles L. 216-2, L. 216-3, L. 241-4 of the Consumer Code.
The sums paid by the Customer will then be returned to him/her no later than fourteen (14) days following the date of termination of the contract, excluding any compensation or deduction.
Delivery tracking is updated on the Site according to the progress of the order.
Delivery is made by courier or parcel relay depending on the weight and size. When it is agreed for delivery to take place at the foot of the truck or at the door of the home, the Customer shall take the necessary measures to personally deliver the package inside his or home in the room of his/her choice and shall assume all responsibility for the damage likely to occur on this occasion.
In the event of an anomaly during delivery, the Customer is invited to enter all of his reservations on the delivery note submitted by the carrier. It is recalled for all useful purposes that the reservations expressed by the Customer are intended to establish the existence and extent of damage at the time of or during delivery. To be admissible, the Customer must indicate his/her reservations in the form of handwritten, detailed, dated, explicit observations accompanied by his/her signature on the delivery slip.
The delivery rate is determined by Epsilon Composite based on the weight of the package, the Delivery Region and accessibility (floor, staircase) if it is agreed that delivery will take place within the Customer’s home. Additional charges may be made in the following cases:
If the accessibility is not that declared by the Customer.
If the Customer misses the appointment.
Epsilon Composite reserves the right to postpone delivery after payment of these additional costs.
The risk of loss or deterioration of the property shall not pass to the consumer until the consumer takes possession of the property.
On the other hand, the risk shall pass to the consumer upon delivery to the carrier if the consumer has chosen a carrier other than that offered by the trader.
Article 8: Right of withdrawal
8.1. Information concerning the exercise of the right of withdrawal
Periods of time
In accordance with the provisions of Article L. 221-18 of the Consumer Code, the Customer has a period of fourteen (14) calendar days to assert his/her right of withdrawal, without having to justify any reason. The period begins the day after the receipt of the order.
In the case of an order for several goods delivered separately or in the case of an order for an item consisting of multiple lots or parts the delivery of which is staggered over a defined period, the period shall run from the receipt of the last item or lot or part.
In the case of contracts for regular delivery of goods over a defined period, the period shall begin from the receipt of the first goods.
Exercise of the right of withdrawal
For the exercise of its right of withdrawal, the Customer must inform Epsilon Composite of its decision by sending it, before the expiry of the aforementioned fourteen (14) day period, the standard withdrawal form provided for this purpose, which will have been sent to it with the email validating its order (and reproduced in the appendix to these T&Cs), or any other unambiguous statement expressing its willingness to withdraw.
Loss of the right of withdrawal
Pursuant to Article L. 221-28 of the Consumer Code, it is recalled that the right of withdrawal may not be used for contracts:
« 1° Supply of services which have been fully performed before the end of the withdrawal period and which have begun to be performed with the express prior agreement of the consumer and the express waiver of his/her right of withdrawal; 2° Supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period;
3° The supply of goods made to the consumer’s specifications or clearly personalised;
4° The supply of goods which are liable to deteriorate or expire rapidly;
5° Supply of goods which were unsealed after delivery and are not suitable for return due to hygiene or health protection reasons;
6° The supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
7° Supply of alcoholic beverages, the delivery of which is delayed beyond thirty days and the value of which is agreed upon at the time of conclusion of the contract and is dependent on fluctuations in the market which cannot be controlled by the trader;
8° Maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by him or her, within the limit of the spare parts and work strictly necessary to respond to the emergency;
9° Supply of audio or video recordings or computer software which were unsealed by the consumer after delivery,
10° The supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;
11° Concluded at a public auction;
12° Provision of accommodation services, other than residential accommodation, transport services for goods, car rental services, catering or leisure activities that must be provided on a specific date or period;
13° Supply of digital content which is not supplied on a physical medium if the performance has begun after the consumer’s prior express consent and his/her prior express agreement and waiver of his/her right of withdrawal. ”
In particular, the Company draws the attention of the Customer to the fact that the order of furniture which is clearly customised or made according to his/her specifications shall not give right to any withdrawal.
Condition relating to the condition of the product
For the exercise of this right of withdrawal, the returned product must be returned in a condition allowing it to be put back on sale immediately. The product must therefore be returned in its new condition, with all the various instructions and accessories with which it was delivered and in its original packaging. Epsilon Composite reserves the right to refuse the refund of the product if all these conditions are not met.
In the event that the Customer has chosen to remove the packaging, he/she loses all right of withdrawal.
In the event of the exercise of the right of withdrawal within the aforementioned period, and in accordance with the provisions of Article L. 221-24 of the Consumer Code, Epsilon Composite shall reimburse the Customer for the price of the returned product (s) within fourteen (14) calendar days from the date on which it was informed of the Customer’s decision to withdraw.
Epsilon Composite nevertheless reserves the right to withhold reimbursement until the goods have been recovered or the Customer has supplied evidence of having sent back the goods, whichever is the earliest.
Reimbursement will always be made on the basis of the amounts actually paid by the Customer, as entered on his/her invoice.
As a matter of principle and unless the Customer expressly requests otherwise, Epsilon Composite shall refund the latter by re-crediting the means of payment used at the time of payment. If it is physically impossible to use this process, Epsilon Composite shall offer to issue a bank check payable to the Customer for the amount due and send it to him/her by post.
8.2 Terms of return of products
Following its withdrawal, the Customer must return his/her product(s) to Epsilon Composite no later than fourteen (14) days after communication of its decision to withdraw. To this end, it must return them in the original packaging that he/she will have kept with all the instructions, reshipped by the carrier who made the delivery.
The physical return of products is carried out according to the same method as that allowed during the outward transport.
It is expressly agreed that the Customer shall bear the full cost of returning the products.
Article 9: Warranties and after-sales service, Spare parts
All Epsilon Composite products benefit from the legal warranty of conformity provided for in the Consumer Code (Articles L. 217-4 to L. 217-14) and the legal warranty relating to defects of the item sold provided for in the Civil Code (Articles 1641 to 1648).
Exclusions from warranty
When selling an exhibition model, it is understood that the Customer expressly accepts the product as it is with the apparent defects that it includes.
Consequently, the Customer will not be able to obtain the refund or replacement of the said product by invoking the benefit of any warranty for these defects.
Epsilon Composite remains, however, bound by the legal warranties of conformity and defects of the item sold for any defect other than those deemed to be accepted on the exhibition model. It is recalled that the warranties do not apply when the damage is related to one of the following causes:
– wear and natural ageing of the Products,
– the use of unsuitable abrasive or maintenance or cleaning products,
– failure to comply with precautions, advice and instructions concerning the use, assembly, maintenance, storage, preservation or protection of the products,
– discolouration due to light, in particular on all fabric products, except where the product is deemed to be “UV-resistant” in its product description,
– shocks or falls of any kind of the Products,
– lightning, floods, fire, torrential rain, storms, thunderstorms, hurricanes, floods, hail or any other case of force majeure as assessed by case law,
– the intervention or repair carried out on products other than under this warranty,
– the addition or replacement of parts that do not comply with those recommended by Epsilon Composite,
– the changes in the structure and nature of the goods themselves.
It is further recalled that the Warranties applied to Epsilon Composite products cannot cover a professional or commercial use of the Product, nor can they cover an unpredictable or inappropriate use of the product. Finally, the warranties only cover the right to repair, replace or refund the guaranteed product. Accordingly, it does not cover consequential damages.
In accordance with Article L. 217-9 of the French Consumer Code reproduced below, it is recalled that the consumer chooses between repair and replacement of the Product when the warranty applies. However, the law provides that the trader may impose another method where the one chosen by the consumer entails a manifestly disproportionate cost. In this regard, the Company reserves the right to repair the product and not to replace it whenever it deems this method to be the most appropriate.
Applicable legal provisions
The Customer is aware of the following provisions of the French Consumer Code (Articles L. 217-4, L. 217-5, L.217-7, L.217-9 and L. 217-12 of the French Consumer Code) as well as of Article 1641 and the first paragraph of Article 1648 of the French Civil Code as in force on the date of posting of these General Terms and Conditions.
Article L. 217-4 of the Consumer Code:
“The seller shall deliver goods in compliance with the contract and shall be liable for any lack of conformity existing at the time of delivery.
It shall also be liable for non-conformities resulting from the packaging, assembly instructions or installation when the latter has been entrusted with this by the contract or if this has been carried out under its responsibility.”
Article L. 217-5 of the Consumer Code:
“The item complies with the contract:
1° If it is fit for the usual intended use of a similar item and, if applicable:
– if it corresponds to the description given by the seller and possesses the qualities which the seller has presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or its representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.”
Article L. 217-7 of the Consumer Code:
“Any lack of compliance which arises within 24 months of the delivery of the goods shall be presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods sold, that period shall be six months.
The seller may contest this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked”.
Article L. 217-9 of the Consumer Code:
“In case of non-conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer’s choice if this choice results in a cost that is manifestly disproportionate in relation to the other method, taking into account the value of the goods or the extent of the defect. In such a case, the seller is then obliged to proceed, unless impossible, according to the method not chosen by the buyer.”
Article L. 217-12 of the Consumer Code:
“The action resulting from the lack of conformity shall lapse within two years of the delivery of the goods.”
Article 1641 of the French Civil Code:
“The seller shall be bound by the warranty in respect of hidden defects in the item sold which render it unfit for its intended use or which reduce this use to the extent that the purchaser would not have purchased it, or would have paid a lower price only, had he/she been aware of them”.
Article 1644 of the French Civil Code: “In the case of Articles 1641 and 1643, the buyer has the choice to return the item and get reimbursed, or to keep the item and be reimbursed for part of the price.”
Article 1648 – paragraph 1 of the Civil Code:
“The action resulting from the impermissible defects must be brought by the purchaser within two years of the discovery of the defect.”
9.2 After-sales service
Apart from the commercial or legal warranty, the Customer always has the possibility to contact the Sales Department to answer questions about the use of a product, its maintenance methods or the order of a part that has become defective.
For the exercise of this service, the Customer shall contact by email the following address: firstname.lastname@example.org
Article 10: Litigation and Liability
The Customer is required to check the completeness and veracity of the information he provides to Epsilon Composite at the time of ordering and in particular the delivery address.
The Customer is responsible for the information he/she has provided when registering and ordering. Epsilon Composite cannot be held liable for any input errors that could cause delivery errors. If the delivery address proves to be incorrect or if the Customer decides to change the delivery address after shipment of the product (s) by Epsilon Composite, the costs of the new delivery will be borne by the Customer.
The Customer’s choice and purchase of products are under his/her sole responsibility. Consequently, the total or partial impossibility of using products in particular due to product incompatibility cannot give rise to any compensation, refund or challenge of the liability of Epsilon Composite, except in the case of a proven hidden defect, non-compliance, defect or exercise of the right of withdrawal provided for by the provisions of the Consumer Code.
For all stages of access to the site, the ordering, delivery, customer service or subsequent services, Epsilon Composite only bears an obligation of means. Consequently, Epsilon Composite cannot be held liable for any inconvenience or damage inherent to the use of the Internet, in particular an interruption in service, an external intrusion or the presence of computer viruses, or any act qualified as force majeure, in accordance with the case-law.
In addition, Epsilon Composite cannot be held liable in the event that the order is unsuccessful or if it is prevented from fulfilling any of its obligations due to a case of force majeure within the meaning of Article 13 of these T&Cs.
The products sold on the Website are intended for private use. Under no circumstances may they be used professionally by associations or authorities where products do not meet the standards of professional use.
Article 11: Evidence
Computerised records, kept in the Company’s computer systems under reasonable security conditions, will be considered as evidence of communications, orders and payments made between the Parties.
Accordingly, the computer systems and files shall be authentic in the relations between the Company and the Customer.
Thus, the Company may validly produce in the context of any procedure, for the purposes of proof, the data, files, programs, recordings or other elements, received, issued or stored by means of the computer systems operated by the Company, on any digital or analogue medium, and avail itself of them.
Article 12: Retention and archiving of transactions
The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with Article 1348 of the French Civil Code.
Article 13 – Force majeure
The Parties may not be held liable if the non-performance or delay in the performance of any of their obligations as described herein, results from a case of force majeure within the meaning of Article 1218 of the French Civil Code.
As such, the company shall not be held liable for any defects or delays in delivery that may be linked, directly or indirectly, to a health crisis (epidemics, pandemics) or state of emergency that may be decreed as a result of it.
Article 14: Personal data
By registering on the site and making purchases, the Customer consents to the personal data that he/she communicates to the Company being retained by the Company.
In accordance with the provisions of the French Data Protection Act 78-17 of 6 January 1978s, any User has a right to access, rectify, oppose, limit the processing, erase and port his/her personal data.
To exercise this right, the Customer may send a letter to the following address: Epsilon Composite, Web Customer Service, BP 30052, 5 route de Hourtin 33340 Gaillan Médoc or an email to the following address: email@example.com (by specifying your surname, first name, address and telephone contact details, then attaching a copy of the front and back of your ID). In case of difficulty in managing your personal data, you can complain to the CNIL: https://www.cnil.fr/fr/agir
Data collected and purposes pursued
Customers’ personal data may be collected for one or more of the following purposes:
(i) Manage and send the order placed by the Customer;
(ii) Respond to a Customer’s request from the Contact form;
(iii) Establish a register of registered customers and prospects;
(iv) Send newsletters and promotional or commercial offers if the Customer consents;
(v) Compile trade and site attendance statistics;
(vi) Comply with our legal or regulatory obligations.
The data concerned are those that the Customer consents to provide when registering on the site, making purchases or making requests from the contact form. They shall concern:
Surname, first name of the Client
Mobile or landline No.
Floor, Convenience of access (Floor, Elevator, Digicode)
Billing address if different from delivery address
Subscribe to the newsletter
Products already ordered
The Company shall inform the Customer, at the time of the collection of the personal data, whether certain data must be entered or whether they are optional. It shall also indicate the possible consequences of failure to respond.
The information necessary for registration for the newsletter will be provided to Sendinblue, which will be responsible for sending the newsletters to customers. Sendinblue is responsible for its own data processing:
Data controller’s identity.
The data controller is the Company as identified in Article 1 of these T&Cs.
The data controlle
ris the Company as identified in Article 1 of these T&Cs.
All Company personnel may have access to the personal data of Customers, as well as its partners or service providers in charge of the performance, processing, management and payment of orders and deliveries.
Personal data retention period
Customers’ personal data is retained for the duration of their registration on the site and then for 5 years from the last order, unless a request for deletion, erasure or withdrawal of consent is made.
Place of data retention
Personal data is only retained on secure servers located in France.
Transfer of personal data
Customers’ personal data shall not be transferred, rented or exchanged for the benefit of third parties. In particular, such data shall not be processed outside the European Union.
Where the Customer chooses to disclose his/her personal data, he/she expressly gives his/her consent for the collection and use of this data in accordance with what is stated in these T&Cs and the legislation in force.
Article 15: Cookies
A cookie is a small file containing text information that is stored on the visitor’s hard drive when the visitor visits a website. In the context of the consultation of our Site, browsing cookies may be installed in the visitor’s computer and record information relating to the browsing of the visitor’s computer on our Site, such as the pages consulted, the date and time of consultation, etc.
The Customer is fully informed that the installation of certain cookies does not require the Customer’s prior consent.
This includes all files strictly necessary for the provision of an online communication service explicitly requested by the user, or files intended to enable or facilitate the electronic transmission of the communication.
As such, the company declares that it uses files to measure the audience on its site and detect possible browsing problems.
In accordance with the recommendations of the CNIL (French Data Authority), the Company limits the retention of the information concerned to a period of 25 months.
The company declares that it does not use files other than those for which user consent is not required.
Article 16: Governing Law – Mediation – Dispute
These General Terms and Conditions of Sale are subject to the laws of France.
The parties shall seek a possible amicable agreement, prior to any litigation.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, our company adheres to the following ombudsman: AME – Association of European Ombudsmen with the following contact details: 11 place Dauphine – 75001 PARIS |Phone: 09 53 01 02 69 – www.mediationconso-ame.com.
After prior written action by consumers with regard to our company, Epsilon Composite, BP 30052, 5 route de Hourtin – 33340 Gaillan Médoc, the Ombudsman of the AME may be contacted, for any consumer dispute that has not been settled, either by post or via the following website: http://www.mediationconso-ame.com/unifa-equipement-de-la-maison
All disputes to which purchase and sale transactions concluded pursuant to these T&Cs may give rise, concerning their validity, interpretation, performance, termination, consequences and repercussions and which cannot be resolved between the seller and the customer, shall be subject to the competent French courts under the conditions of ordinary law.
Article 17: Entire agreement
These General Terms and Conditions of Sale and the summary of the order sent to the Customer form a contractual whole and constitute the entire contractual relationship between the Parties.
ANNEX I: MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract)
For the attention of: ………………….. I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*), – Name of the goods: – Goods reference: – Order Number: – Ordered on(*)/ received on (*) – Name of consumer(s) – Address of consumer(s) – email address used for the customer account of consumer (s): Signature of consumer(s) (only if this form is notified on paper), – Date