TERMS OF SALE

Terms of sale

PREAMBLE

Offers from the e-shop are made by DesignHeure. The electronic catalog provides the following information :

• Identification of the Company :
DesignHeure
10 bis, rue de la Savonnerie
34200 Sète
France
N°SIRET : 484 986 021 000 18

Tel : (33) 04 67 53 99 63
Fax : (33) 04 88 04 96 04

E mail : contact@designheure.com

• Description of the main characteristics of the proposed products.
Mention of the total price of the proposed products in Euros, inclusive of tax for countries of the EU, and exclusive of tax for the other countries. These prices do not include the shipping costs.

• Information regarding the arrangements for payment, delivery or performance.

• Existence of a right of withdrawal.

• The period for which the offer and the price remain valid.

All information displayed on the www.designheure.com (hereinafter referred to as the "Site") is presented in French. The customer may nonetheless opt for a presentation of the e-shop and the catalog in English.

The customer acknowledges, before placing the order, that he has read all the information aforementioned and the General Terms of Sale.

The customer also declares that the purchase of said product is not in direct connection with his professional activity, such purchase being reserved for his personal use only.

Being a consumer, the customer has specific rights which shall be questioned if the products purchased through the e-shop would be actually purchased for his professional activity.
Moreover, the customer declares that he has the legal capacity to enter into this Agreement.

1-Purpose

The purpose of these General Terms of Sale is to define the rights and obligations of the parties in the context of on-line selling of products proposed in this e-shop by DesignHeure.

2-Area of the offer

The geographical area covered by the offer made by the e-shop of DesignHeure is the following:

France
Europe
Outside Europe : South Africa, Andorra, Saudi Arabia, Argentina, Australia, Bahamas, Cameroon, Canada, China, South Korea, Ivory Coast, Egypt, United Arab Emirates, U.S.A., Guadeloupe, French Guyana, Hong Kong, Hungary, Indonesia, Island, Israel, Japan, Jordan, Kuwait, Lebanon, Liechtenstein, Morocco, Martinique, Mexico, Norway, New Caledonia, New Zealand, Poland, Czech Republic, Reunion, Russia, Saint Barthélémy, Saint Martin, Senegal, Singapore, Slovakia, Switzerland, Tahiti, Taiwan, Thailand, Turkey, Venezuela.

3-Contractual documents

This Agreement is made up of the following documents, in decreasing hierarchical legal value :
these General Terms of Sale
the order form
The photographs of the products on the Site are not contractual. Designheure shall not be liable in case of errors or alterations resulting from the processing of these photographs.

4-Order taking

Any order form signed by the customer by an "approval click" shall constitute an irrevocable commitment which can only be challenged in the cases restrictively listed in this Agreement in Section 16 "Right of withdrawal" and Section 11"Fulfillment of the order".

5-Confirmation of the order

The contract shall only be effective upon DesignHeure's confirmation of the order.
The customer will receive an acknowledgement of receipt by fax, mail or e-mail to confirm the order including all elements (such as list of ordered products, price, date of delivery, shipping costs,….)
Designheure reserves its right not to confirm the order for any reason whatsoever, in particular for any problem of products procurement or any problem concerning the received order.

6-Term of the offer

The offers proposed on the Site shall be valid as long as the products related thereto are on line and while stock last.

7- Price - Invoice

Prices are indicated in Euros . The amounts indicated in Pounds, US dollars or in any other currency are only indicative. The exact amount will be calculated in accordance with the current rate of the dollar or of the other concerned currency at the time of the payment.
The purchaser is guaranteed the price posted on the Site at the time of purchase.
The price fixed at the time of purchase is firm and does not include the shipping costs which are extra. Said costs will be indicated in the confirmation of the order.
For a delivery inside the EU, the prices include the VAT applicable at the date of the order. Prices are inclusive of VAT. Neither customs duties nor VAT shall be due for a delivery inside the EU. Any variation of the VAT applicable rate may affects the sale price of the products of the catalog.
In the event of delivery outside the EU, the customer will have to pay for customs duties or VAT or any other taxes due to the import of products in the country of delivery. The customer is also solely responsible for the formalities related thereto unless otherwise specified. The customer is solely responsible for checking whether the products ordered can be imported under domestic law in the country of delivery.
The invoice will be issued by DesignHeure. The customer shall indicate the address where the invoice is to be sent.

8-Payment

The price is payable upon placement of the order.
The customer undertakes to pay the total price of the products (price of products and shipping costs) as stipulated on the Site and also to pay for, or have someone pay for the customs duties, the VAT or any other taxes due to the import of products in the country of delivery, directly to the forwarding or customs agent.
The customer shall pay for his order
• By credit card as proposed on the Site.
When approving the order form, the customer warrants DesignHeure that he has all authority needed to use such a method of payment by credit card.

9-Non payment - Retention of title

Title to the ordered products shall pass to the customer upon full and definitive payment pursuant to the Act dated May 12, 1980. Designheure reserves its right to claim the return of the ordered products in case of non payment.
Under those circumstances, and upon DesignHeure's request, the customer shall return any product for which the payment has not occurred. The customer shall pay for any costs in connection therewith.

10-Transfer of risks

Risks of loss shall pass to the customer upon delivery of the product to the carrier by DesignHeure. Products transportation are at the customer's own risk, even if they are shipped or returned carriage free.
During the withdrawal period mentioned hereunder in Section 16, the customer, as custodian, shall be liable for the product. If the product is damaged or destroyed during the customer's custody, this latter will bear all the consequences thereof.

11-Fulfillment of the order

The order will be fulfilled within the period indicated on the Site and confirmed by Designheure at the time of the confirmation of the order. In any case, the order will be fulfilled within 30 days following the confirmation of the order at the latest, subject to the limit of available stock and unless otherwise agreed.
If the product ordered is not available or is out of stock, DesignHeure undertakes to inform the customer as soon as possible and to indicate a replenishment time.
The customer may, at its option, wait for the availability of the product or obtain a refund.and shall inform DesignHeure by e-mail.

12-Delivery

The area of delivery corresponds to the geographical area covered by the offer.
Products are delivered to the address indicated by the customer in the order form.
Delivery shall be deemed to have been made when the products are delivered to the carrier.
The delivery note given by the carrier, dated and signed by the customer upon delivery will constitute an evidence with regard to transport and delivery.
The customer shall check the content, the conformity and the condition of the product(s) on delivery thereof.
In the event of delays, damages, total or partial losses, or any problem whatsoever, the customer shall be responsible for exercising all claims against the carrier. DesignHeure shall never be held liable for any reason whatsoever.
Therefore, DesignHeure advises the customer to check the condition of the products upon delivery and before signing the acknowledgement of receipt of the parcel.
If the customer notes any damage he shall reject the products or issue handwritten, precise and dated reservations. These reservations must be confirmed by registered letter with recorded receipt sent to the carrier within three (3) working days following the delivery date of the products. A copy shall be sent to DesignHeure.

13-Force majeure

It is expressly understood that are considered as cases of force majeure, in addition to those which are usually retained by the case law in France,
- total or partial strikes, interruption of transport facilities or of procurement for any reason whatsoever, legal or governmental restrictions, computer breakdown, interruption of telecommunications including communication networks and especially internet.
Should a case of force majeure occurs, the fulfillment of the order will in a first step be suspended.
If after a three (3) months period, the parties ascertain the continuance of said case of force majeure, the order will be automatically cancelled, unless otherwise agreed by both parties.

14-Collection of the goods in the event of the customer's absence

In the event of the customer's absence at the time of the delivery, the carrier will leave a delivery notice at the delivery address given by the customer. The products shall be collected at the address indicated by the carrier and according to the carrier's instructions.
If after the period indicated by the carrier, the customer has not collected the products, the products will be returned to Designheure which reserves its right to refund to the customer the price of the products, the postage costs remaining payable by the customer.

15-Claims

Claims related to the non conformity of the delivered product(s) with the order shall be made in writing directly to Designheure and immediately upon receipt of said product(s). The customer must keep the packaging and the delivery note.
In case of an error, the customers undertakes to return said product within seven (7) days from its receipt provided that the product is returned to DesignHeure, without opening the packaging, in its original condition and packaging, together with all the associated documents.
Once DesignHeure has received the product in due form, it will, at its expenses, send the product initially ordered by the customer.

16-Right of withdrawal

The customer shall have a period of seven (7) working days as from the delivery to return any product which do not suit him, at his expenses, for exchange or refund, pursuant to Section L. 121-16 of the French Consumption Code.
If this period expires on Saturday, on Sunday, or on holiday, it will be extended to the next working day.
The product must be returned in its original condition and packaging. It shall neither have been used, nor have suffered any damage, and shall be in a perfectly clean condition.
This right of withdrawal can be exercised without any penalty, except for the return costs.
The customer will be refunded for the sums paid within a maximum of thirty (30) days as from the receipt of the product. For this purpose, the customer will inform DesignHeure of his bank account number.

17-Warranty

In order to avoid any trouble, products are verified by DesignHeure before their shipment. However, the customer shall be entitled, for all defective products, to a three (3) months contractual warranty as from the date delivery subject to compliance with the recommendations set forth in the user documentation and the directions for use enclosed with the products.
In any case the statutory warranty against hidden defects provided for under the French Civil Code (Section 1641 et seq.) shall be enforceable.
The customer is entitled to an extended warranty for certain products. In that case, conditions and term of the warranty are defined in the warranty certificate delivered with the product. Said warranty does not cover damages or dysfunctions due to non compliance with directions for use of the product.
To implement the warranty, the customer shall return the product at its expenses to DesignHeure, with the original invoice.
DesignHeure undertakes to return an identical product at its expenses, except in case of stock out or a withdrawal of the concerned product from the range proposed by DesignHeure. In this latter case, Designheure will refund the customer.

18–Personal informations

The personal information requested from and related to the customer is essential to process and ship his order, to issue invoices and to draft warranty agreements, as the case may be. This information may be provided to the suppliers of DesignHeure.
The customer may object to such disclosure pursuant to Act dated January 6 1978, and exercise its right of access, correction and deletion of the information related to him by writing to, or calling, DesignHeure, 10 bis, rue de la Savonnerie - 34200 Sète – France

Tel.: (33) 04 67 53 99 63 – Fax: (33) 04 88 04 96 04.

19-Electronic signature

The "approval click" constitutes an electronic signature. Between the parties this electronic signature has the same legal value as a handwritten signature.

20-Evidence

Computer-based registers, recorded in the computer system of DesignHeure in reasonable conditions of security shall be deemed to be the evidence of the communications, orders and payments that have occurred between the parties.
Order forms and invoices are stored on a reliable and permanent medium so as to constitute a mean of evidence.

21-Intellectual property

DesignHeure owns the intellectual property right upon the Site and the right to display the elements of the catalog, in particular the photographs for which it has obtained the necessary authorizations from the concerned persons.
Consequently, total or partial reproduction of the elements contained in the Site or the catalog on any medium whatsoever, the use of such elements and the fact to make them available to third parties are strictly prohibited.

22- Entire agreement

These General Terms of Sale represent all obligations of the parties. No other general or special term and conditions communicated by the customer shall neither be included in, nor depart from these General Terms.

23-Non renunciation

Any one or more failure by DesignHeure to enforce any provision of this Agreement or to exercise any right shall in no way constitute a waiver of such right or remedy on any future occasion.

24-Severability

Should one or several clauses of these General Terms be considered as being non valid or is declared to be so in accordance with an act, a rule or pursuant to definitive ruling of a competent court, the remaining clauses will remain valid.

25-Litigation

This Agreement is governed by the French Law, for both the substantive and procedural rules.
THE PARTIES AGREE THAT, IN THE EVENT OF A DISPUTE ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT FOLLOWING OR IN APPLICATION OF THIS AGREEMENT, AND IF NO AMICABLE SETTLEMENTS WERE REACHED, THE COMPETENT JURISDICTION WILL BE THE COURTS OF THE REGISTERED OFFICE OF DESIGNHEURE, NOTWITHSTANDING THE CASE OF PLURALITY OF DEFENDANTS, OR EMERGENCY PROCEDURE.