GENERAL TERMS AND CONDITIONS OF SALE
Applicable to all sales as of February 3, 2016
ARTICLE 1 - Scope of application and enforceability
Design Studio Paris Berlin is a simplified joint-stock company with a single shareholder with a capital of 5,000 Euros, whose registered office is at 23 rue des Petites Ecuries 75010 Paris, registered with the Paris Registry of Trade and Companies under number 811 070 986, Intracommunity VAT n°: FR 7781070986 (hereinafter "Design Studio Paris Berlin").
These General Terms and Conditions of Sale apply, unless otherwise agreed in writing between the parties, to all sales concluded (the "Contract") with buyers, professionals or consumers (the "Customer(s)"), wishing to buy products offered for sale by Design Studio Paris Berlin (the "Products") on the website accessible via the link www.steilheit-paris.com (hereinafter the "Site").
These General Terms and Conditions of Sale are accessible at all times on the Site or on simple request to Design Studio Paris Berlin, and will be in any case attached to the purchase order sent to the Customer on a durable medium.
As these General Terms and Conditions of Sale may subsequently be amended, the version applicable to the sale concluded with the Customer is the one in force on the date of the order.
ARTICLE 2 – Products
The main characteristics of the Products, including specifications, illustrations and indications of size or capacity, are presented on the Site.
The Customer must refer to the description of each Product to find out the properties and essential features, before placing an order. Photographs and graphics presented on the Site may slightly vary.
Pursuant to Article L. 113-3 of the Consumer Code, Design Studio Paris Berlin informs the Customer on the Site and on the order summary of the period during which the spare parts necessary to use the goods are available on the market.
ARTICLE 3 – Order
Product offers are valid for as long as they are visible on the Site, within the limit of available stocks, as specified when the order is placed.
The Contract will be final after the Customer has been sent confirmation of acceptance of the order along with the General Conditions of Sale as well as the standard withdrawal form by Design Studio Paris Berlin by email, and after receipt of the full price.
The Customer must check the accuracy of the order and immediately report any error to Design Studio Paris Berlin.
ARTICLE 4 – Prices
Products are supplied at the prices in force shown on the Site when the order is registered.
Prices are expressed in Euros, excluding taxes and including taxes.
Product prices do not include any processing, shipping, transport and delivery costs, which are charged in addition, and calculated before the order is placed and which the Customer is informed of before validating the order.
An invoice is issued by Design Studio Paris Berlin and sent to the Customer's email address on a durable medium for orders placed on the Site.
Any order on the Site and delivered outside of the EU or to the French Overseas Departments and Territories, may be subject to customs duties and other taxes related to the import of products in the country of delivery.
These taxes and duties will be borne by the Customer under his sole responsibility, both in terms of declarations and payments to the competent authorities and/or bodies of the different countries. As these additional costs cannot reasonably be calculated in advance, Design Studio Paris Berlin is not required to check and inform the Customer of the amount of these applicable customs duties and taxes, in accordance with Article L.113-3-1 of the Consumer Code. To find out, we advise the Customer to check with the competent authorities in his country.
ARTICLE 5 – Terms of payment
The price is payable by the Customer in cash, in full on the day of the purchase when the Customer places the order on the Site:
- By credit card. Payment will be made through the secure Stripe system
It is recalled that confirmation of the order is subject to full payment of the prices of Products using a means of payment validated by Design Studio Paris Berlin.
The Customer is deemed to be the legitimate holder and user of the payment method he uses vis-à-vis Design Studio Paris Berlin, which is not required to carry out any checks.
ARTICLE 6 – Non-payment
Any non-payment shall automatically give rise, without prior formal notice, to the application by Design Studio Paris Berlin of late interest equal to the refinancing rate of the ECB plus 10 percentage points, as of the day following the due date, without the need for a reminder.
If the Customer is a professional, any late payment will also automatically give rise to the invoicing of a fixed fee for recovery costs, of 40 Euros. When the recovery costs incurred are higher than the amount of this fixed fee, Design Studio Paris Berlin may request an additional fee, on presentation of supporting documents.
ARTICLE 7 – Deliveries
Products ordered by the Customer on the Site will be delivered to the address indicated by him/her when he/she places his/her order, within twenty (20) working days from receipt of the payment by Design Studio Paris Berlin.
Except in special cases or unavailability of one or more Products, Products ordered will be delivered at the same time.
A delivery made no later than the delivery deadline but which the Customer does not take delivery ofshall not be considered a non-delivery.
The Customer undertakes not to delay or prevent receipt of the order.
7.1 If the Customer acts as a consumer,
If the delivery date of the Product is exceeded by thirty (30) days, not due to force majeure, the Customer may terminate the Contract by registered letter with acknowledgement of receipt or in writing on another durable medium (with the burden of proof lying with the Customer), if, after having requested Design Studio Paris Berlin, according to the same terms, to perform within a reasonable additional time, the latter fails to do so.
Where applicable, the Contract will be deemed terminated upon receipt by Design Studio Paris Berlin of the letter in which the Customer informs it of his/her decision, unless Design Studio Paris Berlin has performed between the sending and receipt of said letter. The Customer shall be reimbursed by Design Studio Paris Berlin for all amounts paid, as soon as possible and no later than within fourteen (14) days from the date the Contract was terminated. This reimbursement shall be made by any means of payment at the convenience of Design Studio Paris Berlin.
7.2 If the Customer acts as a professional
It is up to the Customer or person taking receipt of the order on his behalf to check the compliance and apparent condition of Products at the time of delivery and to make any necessary reservations on the delivery note, which must be confirmed to the carrier, with a copy sent to Design Studio Paris Berlin by registered letter, within three (3) days, not including public holidays, from receipt of the order.
ARTICLE 8 – Transfer of ownership - Transfer of risks
The ownership of Products and risks of damage or disappearance (subject to normal wear or an inherent defect in Products), loss or theft, caused by a third party or adverse weather conditions, will be transferred to the Customer upon delivery.
Article 9 – Withdrawal for consumer Customers
9.1 Right of withdrawal
The Customer has the right to withdraw from the Contract, without the need to give any reason, within fourteen (14) days from the date of delivery understood as the day when the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the Products, or of the last Product in case of separate deliveries of several Products of the same order.
To exercise the right of withdrawal, the Customer must notify Design Studio Paris Berlin, at the address indicated in Article 1 above, of its decision to withdraw from the Contract using the standard withdrawal form or any other unambiguous statement (for example letter sent by post, fax or email). The Customer can also complete and send the standard withdrawal form or any other unambiguous statement by email to email@example.com. If the Customer uses this option, Design Studio Paris Berlin will send the Customer, without delay, an acknowledgement of receipt of its withdrawal decision on a durable medium (e.g. by email).
For the withdrawal period to be complied with, the Customer must send his communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period, with the postmark or online registration of the request being taken as proof.
9.2 Effects of the withdrawal
In case of withdrawal by the Customer, Design Studio Paris Berlin will refund all payments received, including delivery costs (with the exception of additional costs due to the fact that the Customer has chosen a delivery method other than the cheapest standard delivery proposed by Design Studio Paris Berlin) as soon as possible and no later than within fourteen (14) days from the date Design Studio Paris Berlin is informed of the decision to withdraw from the Contract. Design Studio Paris Berlin will make the refund using the same payment method as the one used by the Customer to pay the initial transaction, except if the Customer expressly agrees to a different method; in any event, this refund will not incur any costs for the Customer.
Design Studio Paris Berlin may withhold reimbursement until receipt of the goods or until the Customer has provided proof of shipment of the Product(s), whichever date is earlier.
The Customer must return the Product(s) to Design Studio Paris Berlin, without undue delay, and no later than fourteen (14) days after communication of his/her decision to withdraw. This period is deemed complied with if the Customer returns the goods before the expiry of the (14) fourteen-day period.
The Customer will bear all direct costs of returning Product(s).
The Customer's liability is only incurred for depreciation of Product(s) resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of such Product.
ARTICLE 10 – Legal warranty
10.1 Warranty if the Customer is a consumer
If the Customer has bought Products as a consumer, the Products are subject to the legal guarantee of compliance provided for by Articles L.211-1 et seq. of the Consumer Code (in case of non-compliance of the Product with the Contract) and the legal guarantee against hidden defects provided for by Articles 1641 et seq. of the Civil Code (in case of hidden defects in the Product).
Design Studio Paris Berlin recalls the main existing legal provisions in this respect:
Article L.211-4 of the Consumer Code:
"The seller is obliged to deliver goods which comply with the contract and is liable for any lack of conformity which may exist upon delivery.
It is also liable for any lack of conformity resulting from packaging, assembly instructions or installation when it is responsible for this under the terms of the contract or has been carried out under its responsibility."
Article L.211-5 of the Consumer Code:
"To conform to the contract, the product must:
1° Be fit for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to."
Article L.211-12 of the Consumer Code:
"Legal action based on lack of conformity lapses two years after the delivery of the good."
Article 1641 of the Civil Code:
"The seller is bound by a warranty on account of the hidden defects of the good which renders it unfit for the use for which it is intended, or which reduce such use to such an extent that the buyer would not have purchased it, or would have offered a lower price for it, if they had been known to him.”
Article 1648 para. 1 of the Civil Code:
"Legal action arising out of redhibitory defects shall be taken by the buyer within a period of two years from the discovery of the defect."
Shipping costs will be reimbursed on the basis of the rate charged and return costs will be reimbursed on presentation of receipts.
Reimbursements of Products deemed non-compliant or defective will be made as soon as possible and no later than within thirty (30) days following the recognition by Design Studio Paris Berlin of the non-conformity or hidden defect.
The reimbursement will be made by the same means of payment as for the purchase. If the Customer agrees, Design Studio Paris Berlin may use another payment method at no additional cost to the Customer, i.e. by transfer to the Customer's bank account or by bank cheque sent to the Customer.
The liability of Design Studio Paris Berlin shall not be incurred in the following cases:
- non-compliance with the legislation of the country where the Products are delivered, which the Customer must check,
- in case of incorrect use, negligence or lack of maintenance by the Customer, as in case of normal wear of the Product, an accident or force majeure.
In any event, this warranty is limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.
10.2 Warranty if the Customer is a professional
If the Customer has purchased Products as a professional, Products are subject to the legal warranty against hidden defects provided for by Articles 1641 et seq. of the Civil Code.
ARTICLE 11 – Liability
11.1 Liability of Design Studio Paris Berlin
Design Studio Paris Berlin is liable for physical injuries and material damage caused to the Customer resulting from a fault on its part.
When the Customer acts as a professional, Design Studio Paris Berlin can in no way be held liable, regardless of the type of action for damages initiated, subject to mandatory statutory provisions, for damage that is non-material and/or sometimes classified as indirect, accessory or special, including damage resulting from a loss of profits, earnings or use suffered by the Customer or a third party.
When the Customer or a third party has contributed to the damage, the liability of Design Studio Paris Berlin will be proportionate to the fault attributable to it, and for the share contributing to the damage.
In any event, and except for physical injuries to persons, if the Customer is a professional, the financial liability of Design Studio Paris Berlin will be capped at the total amount of the price paid for the Product incriminated by the Customer. This clause will be applied unless otherwise provided by any public order rules of foreign laws. In this case, the liability will be limited to the extent permitted by said laws.
11.2. Customer's liability
The Customer is solely liable for any direct damage caused by him/her, to third parties or to Design Studio Paris Berlin, its representatives, directors, employees, resulting from a breach of his/her contractual or legal obligations. The Customer undertakes to take responsibility vis-à-vis these persons for all harmful consequences and also, without limitation, in case of a complaint, legal action, third-party claim or implication of liability, before any jurisdiction whatsoever, which could result from breaches of his/her legal or contractual obligations.
ARTICLE 12 – Information Technology, Data Files And Civil Liberties
The information collected is subject to data processing by Design Studio Paris Berlin intended, in particular, to process the order and establish invoices.
The recipient of the data is Design Studio Paris Berlin which reserves the right to communicate it to any partners responsible for the execution, processing, management and payment of orders.
In accordance with Law n° 78-17 "Information Technology, Data Files And Civil Liberties" of January 6, 1978 amended in 2004, the Customer has a permanent right to access, modify and oppose the information concerning him/her, which he/she can exercise by contacting firstname.lastname@example.org.
ARTICLE 13 – Intellectual property
The content of the Site is the property of Design Studio Paris Berlin and its partners, and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly forbidden, without the prior agreement of Design Studio Paris Berlin, and may constitute an infringement or unfair competition.
In addition, Design Studio Paris Berlin remains the owner of all intellectual property rights, in particular on its company name, trade name, brand, trademarks, photographs, presentations, studies, designs, models, prototypes created (even at the Customer's request) for the supply of Products to the Customer. In particular, the Customer shall refrain from any reproduction or use of the studies, designs, models and prototypes without the express prior and written consent of Design Studio Paris Berlin, which may request a financial compensation in exchange.
ARTICLE 14 – Notifications
All notifications or communications shall be deemed to have been validly delivered if they are sent either:
- By letter
- To Design Studio Paris Berlin: to the address of its head office, as specified in Article 1 above.
- To the Customer: to the postal address communicated to Design Studio Paris Berlin when the order was placed.
- By email
- To Design Studio Paris Berlin : to the following email address: email@example.com
- To the Customer: to the email address communicated to Design Studio Paris Berlin when the order was placed.
ARTICLE 15 - Language
These General Terms and Conditions of Sale are drafted in English. If they are translated into one or more other languages, only the English text shall be deemed authentic in case of a dispute.
ARTICLE 16 – Claims
All claims should be sent to Design Studio Paris Berlin by email to the following address: firstname.lastname@example.org.
Design Studio Paris Berlin will endeavour to respond as soon as possible and no later than within one month following receipt of the claim.
ARTICLE 17 – Applicable law
These General Terms and Conditions of Sale and the operations arising therefrom are governed by and subject to French law, to the exclusion of the Vienna Convention on the international sale of goods of April 11, 1980 (CISG).
ARTICLE 18 – Attribution of jurisdiction
The competent court will be determined according to the rules of common law, unless you are a trader.
For traders, any dispute between the parties concerning their trade relations and in particular the conclusion, interpretation, performance and termination of this contract will be subject to the exclusive jurisdiction of the courts of Paris, even in case of the introduction of third parties or when there are several defendants.
The consumer Customer is informed that he/she can in any event seek, free of charge, a conventional mediation, in particular with the mediators registered by the Consumer Mediation Commission whose references are provided below (Articles L.151-1 to L.157-2 of the Consumer Code) or with the existing sectoral mediation bodies, whose references are provided below or any other alternative dispute settlement method (conciliation, for example) in case of dispute.
In case of a cross-border dispute, the consumer Customer can contact the European Consumer Centre, whose details are provided below, and complete the online claim form.
Commission de la médiation de la consommation (Consumer Mediation Commission):
18, rue Tiphaine
75732 Paris Cedex 15
European Consumer Centre: