Terms of Sales
General conditions of sale of products online between professionals
Preamble
The present general terms and conditions of sale apply to all sales concluded on the FURNISH 1 website.
The FIT@HOME website is a service of :
the company FIT@HOME
located at 46 RUE DES VIELES VIGNES 77183 FRANCE
website address : www.fitahome.fr
e-mail address : contact@fitahome.fr
telephone : 01 64 21 53 28
The FIT@HOME website sells the following products: FURNITURE.
The client declares to have read and accepted the general sales conditions prior to placing the order. The validation of the order therefore implies the acceptance of the general sales conditions.
Article 1 - Principles
The present general conditions express the entirety of the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the buyer is deemed to accept them without reservation.
The present general conditions of sale prevail over any other document, and in particular over any general conditions of purchase. They apply, without restriction or reservation, to all services rendered by the seller to professional buyers.
Seller and Buyer agree that these terms and conditions shall exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the customs in force in the sector of the remote sale whose companies have seat in France.
The present general conditions of sale are communicated to any buyer who requests them, in order to enable him to place an order.
The present general conditions of sale are applicable until .
Article 2 - Content
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and products offered by the seller to the buyer.
The present conditions concern only the purchases made on this website and delivered exclusively in Metropolitan France and Corsica. For any delivery in the DOM-TOM or outside France, it is advisable to indicate it to obtain a specific estimate.
Article 3 - The order
The buyer places his order online, from the online catalog and using the form on the site.
For the order to be validated, the buyer must accept, by clicking on the place indicated on the site, the present general conditions. His acceptance will lead to the sending of a confirmation e-mail from the seller, in accordance with the conditions described below.
The buyer will have to choose the address and the mode of delivery. Payment is made by direct debit.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will intervene within the framework of a possible exchange and guarantees mentioned below.
In certain cases, in particular default of payment, erroneous address or other problem on the account of the purchaser, the salesman reserves the right to block the order of the purchaser until the resolution of the problem.
In case of unavailability of an ordered product, the buyer will be informed by e-mail.
The cancellation of the order of this product and its possible refunding will then be carried out, the remainder of the order remaining firm and definitive.
For any question relating to the follow-up of an order, the purchaser can :
- call the following number: (cost of a local call), on the following days and times: ,
- send an e-mail to the following address: contact@fitahome.fr
Article 4 - Electronic signature
The online provision of bank details of the buyer and the final validation of the order will be worth proof of the agreement of the buyer. This will allow the seller to obtain the payability of the sums due under the purchase order and it will be worth signature and express acceptance of all operations carried out.
In case of fraudulent use of bank details, the buyer is invited, as soon as this use is noticed, to contact the seller by calling the following number : or by sending an e-mail to the following address: contact@fitahome.fr
Article 5 - Confirmation of the order
The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the buyer on the order form.
Article 6 - Proof of the transaction
The computerized registers, kept in the computer systems of the seller in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is made on a reliable and durable support that can be produced as evidence.
Article 7 - Information on the products
The products governed by these general conditions are those that appear on the seller's website and that are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions could occur as for this presentation, the responsibility of the salesman could not be committed.
The photographs of the products are not contractual.
Article 8 - Price
Calculation
The seller reserves the right to modify its prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to availability on that date. The prices are indicated in euros. They do not take into account the delivery costs, invoiced in supplement, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online store.
The payment of the totality of the price must be realized at the time of the order. At no time, the paid sums could be regarded as deposits or installments.
If one or several taxes or contributions, in particular environmental, were to be created or modified, in rise as in fall, this change could be reflected on the selling price of the products.
Deposit
Any order can give place to the payment of a deposit, whose methods will be fixed at the time of the sale. Except in cases of force majeure, any cancellation of the order by the buyer after 30 DAYS will not give rise to the reimbursement of this deposit.
Price reduction
The buyer may benefit from special discounts and rebates, if any, according to the specific conditions specified at the time of the order.
Article 9 - Method of payment
Payment
It is an order with obligation of payment, which means that the placing of the order implies a payment of the purchaser. The payment of the order is done only by direct debit on the bank account of the buyer. The buyer must enter his bank details in the space provided and confirm this entry by adding his bank details as an attachment to the order form. The seller reserves the right to suspend any order management and any delivery in case of refusal of authorization of payment from the officially accredited organizations or in case of non-payment. The seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not paid in full or in part a previous order or with whom a payment dispute is being administered. The seller has set up an order verification procedure to ensure that no one uses another person's bank details without their knowledge. As part of this verification, the buyer may be asked to fax the seller a copy of an identity card and proof of address. The order will then be validated only after reception and verification by the seller of the documents sent.
The price is payable in full and in one payment upon receipt of the order. The date of payment will be mentioned on the invoice sent to the buyer.
Late payment
Any delay in payment will result in the immediate payment of the totality of the sums due to the seller by the buyer, without prejudice to any other action that the seller would be entitled to take, on this account, against the buyer.
Article 10 - Availability of products
Except in cases of force majeure or during periods of closure clearly announced on the homepage of the site, the shipping times will be, within the limits of available stocks, those indicated below. The delivery time starts from the date of registration of the order indicated on the order confirmation email.
For any delivery in France (metropolitan France and Corsica), the time is from the day following the one when the buyer has placed his order.
For any delivery in the DOM-TOM or outside France, it is advisable to indicate it to obtain a specific estimate.
In case of delay, the responsibility of the seller cannot be engaged, and this, for any cause whatsoever. Consequently, no request for compensation, of any nature whatsoever, can be claimed by the buyer.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice to ask either for the refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.
Article 11 - Terms of delivery
The delivery is made only after confirmation of the payment by the banking organization of the salesman.
It is provided within the time specified in Article 10, from the receipt by the seller of the order form.
Any delay of more than 60 DAYS may lead to the cancellation of the sale. The deposits paid or the payment made with the order will then be returned to the buyer. The payment made with the order will then be returned to the buyer.
In the event of non-observance of the conditions of payment appearing above, the salesman will be able to suspend or cancel the sale.
The products are delivered to the address indicated by the purchaser on the purchase order, the purchaser will have to take care of its exactitude. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the deliveryman will leave a notice in the mailbox, which will allow the buyer to pick up the package at the place and during the time indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because opened or damaged).
The buyer must indicate on the delivery form and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery form, damaged package, broken products ...).
This verification is considered to have been carried out as soon as the buyer, or a person authorized by him, has signed the delivery note.
The buyer will then have to confirm by registered mail these reserves to the carrier at the latest in the two working days following the reception of the article(s) and to transmit a copy of this mail by fax or simple mail to the salesman at the address indicated in the legal mentions of the site.
If the products need to be returned to the seller, they must be the subject of a request for return to the seller within 14 working days following delivery. Any claim made outside of this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions...).
Article 12 - Errors of delivery
The buyer shall file with the seller on the day of delivery or at the latest on the first business day following delivery, any claim of error of delivery and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this deadline will be rejected.
The complaint could be made, with the choice of the purchaser:
- by contacting the seller at the following telephone number: 01 64 21 53 28 ;
- by using the following e-mail address: contact@fitahome.fr
Any complaint not made in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the purchaser.
Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the attribution of the exchange number.
In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, in Colissimo Recommandé, to the following address D2076 Avenue Raoul Aladenize, 18500 Mehun Sur Yevre.
The return costs are borne by the seller.
Article 13 - Guarantee of the products
The seller guarantees the buyer against any lack of conformity of the services and any hidden defect, resulting from a defect in the design or supply of the said services to the exclusion of any negligence or fault of the buyer.
In any case, if the responsibility of the seller would be retained, the guarantee of the seller would be limited to the amount paid by the buyer for the purchase of the good.
Article 14 - Right of withdrawal
The buyer being a professional buying within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided by the code of consumption.
Article 15 - Force majeure
All circumstances beyond the control of the parties, preventing the execution under normal conditions of their obligations, are considered as causes of exoneration of the obligations of the parties and involve their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the courts and French tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties will meet to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, the present general conditions may be terminated by the injured party.
Article 16 - Partial non-validation
If one or more clauses of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other clauses will keep all their force and their scope.
Article 17 - Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party to any of the obligations referred to in these terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 18 - Applicable law
The present general conditions are subject to the application of French law.
The parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or performance of the Contract.
If they fail to do so, the parties shall submit the dispute to the Commercial Court.
Article 19- Collection of personal data
Data collected:
The personal data that is collected on this site is as follows:
Account opening: during the creation of the user's account, his name, first name, e-mail address; telephone number; postal address; ;
Connection: when the user connects to the website, it records, in particular, his name, first name, connection data, usage data, location and payment data.
Profile: When using the services provided on the website, a profile is created, which may include an address and telephone number.
Payment: When paying for the products and services offered on the website, the website records financial data about the user's bank account or credit card.
Communication: when the website is used to communicate with other members, data concerning the user's communications is temporarily stored.
Cookies: Cookies are used as part of the use of the website. The user has the option of disabling cookies from the settings of his browser.
Use of personal data
The personal data collected from users is used to provide and improve the website services and to maintain a secure environment. Specifically, the uses are as follows:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organizing the conditions of use of the Payment Services;
- verification, identification and authentication of the data transmitted by the user;
- offering the User the possibility of communicating with other users of the Website;
- implementation of user assistance;
- personalization of services by displaying advertisements according to the user's browsing history and preferences;
- prevention and detection of fraud, malicious software and management of security incidents;
- management of possible disputes with users;
- sending commercial and advertising information, according to the user's preferences.
Sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the user uses the payment services, for the implementation of these services, the website is in relation with third party banking and financial companies with which it has contracted;
- when the user publishes, in the free comment areas of the website, information accessible to the public;
- when the user allows a third party's website to access his/her data;
- when the website uses service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data in order to provide these services and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;
- if required by law, the website may carry out the transmission of data to follow up on claims made against the website and to comply with administrative and judicial procedures;
- if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In such a case, users would be notified before any personal data is transferred to a third party.
Security and Privacy
The website implements organizational, technical, software and physical measures for digital security to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.
Implementation of users' rights
In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise at the following address: contact@fitahome.fr
- they can update or delete their data by logging into their account and configuring the settings of this account;
- They can delete their account by writing to contact@fitahome.fr. Note that information shared with other users, such as forum postings, may remain publicly visible on the website even after their account is deleted;
- they can exercise their right of access to their personal data by writing to the following e-mail address: contact@fitahome.fr. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy;
- if the personal data held by the website are inaccurate, they can request the update of the information, by writing to the following email address: contact@fitahome.fr ;
- Users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following e-mail address: contact@fitahome.fr.
Evolution of this clause
The website reserves the right to make changes to this privacy policy at any time. If a change is made to this data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by e-mail at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he/she has the possibility to delete his/her account.
