General terms and conditions of sale
General conditions of sale of products online to private consumers
These general conditions of sale apply to all sales concluded on the Cozy Furniture website.
The website www.meubles-cosy.com is a service to:
Furnish1 located 46 rue des Vieilles Vignes 77183 Croissy Beaubourg, France
URL address of the site: www.meubles-cosy.com
Phone Number: 0164215328
The Cozy Furniture Website markets the following products: Home Equipment. The customer declares that he has read and accepted the general conditions of sale previously to the grant of his order. The validation of the order is therefore acceptance of the general conditions of sale.
Article 1 - Principles
These general conditions express all the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation. These Terms and Conditions of Sale apply to the exclusion of any other conditions, including those applicable for store sales or other distribution and marketing circuits. They are accessible on the Cozy Furniture website and will prevail, where appropriate, any other version or other contradictory document. The seller and the buyer agree that these terms and conditions govern exclusively their relationship. The seller reserves the right to change his general conditions punctually. They will be applicable as soon as they are online. If a sales condition became lacking, it would be considered to be governed by the uses in force in the distance selling sector whose companies are headquartered in France. These general conditions of sale are valid until 31 December 2021.
Article 2 - Content
The purpose of these general conditions is to define the rights and obligations of the parties as part of the online sale of property offered by the seller to the buyer, from the Cozy Furniture Website. These conditions concern only the purchases made on the Cozy Furniture site and delivered exclusively in metropolitan or Corsica. For any delivery in DOM-TOM or abroad, a message should be sent to the following e-mail address: email@example.com. These purchases concern the following products: home equipment.
Article 3 - Precontractual information
The buyer recognizes having had communication, prior to the grant of his order and to the conclusion of the contract, in a legible and understandable manner, these terms and conditions of sale and all the information listed in Article L. 221- 5 of the Consumer Code. Are transmitted to the buyer, in a clear and understandable manner, the following information: the essential characteristics of the property; the price of the property and / or the mode of calculation of the price; where appropriate, all additional costs of transport, delivery or postage and all other possible expenses; In the absence of immediate execution of the contract, the date or time to which the seller undertakes to deliver the property, regardless of its price; information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities, those relating to the legal guarantees, the functionalities of the digital content and, if necessary, to his interoperability, the existence and the modalities for implementing guarantees and other contractual conditions.
Article 4 - The order
The buyer has the ability to pass your order online, from the online catalog and using the form, for any product, within the limits of available stocks. The buyer will be informed of any unavailability of the product or the ordered property. In order for the order to be validated, the buyer will have to accept, by clicking at the specified location, these Terms and Conditions. It will also have to choose the address and mode of delivery, and finally validate the method of payment. The sale will be considered definitive: after the dispatch to the buyer of the confirmation of the order acceptance by the seller by e-mail; and after receipt by the seller of the entire price. Any order is worth accepting prices and description of products available for sale. Any dispute on this point will intervene in the context of a possible exchange and the guarantees mentioned below. In some cases, including lack of payment, erroneous address or other problem on the account of the buyer, the seller reserves the right to block the purchaser's order until the problem resolution. For any questions relating to the follow-up of an order, the buyer can call the following phone number: 0164215328 (cost of a local call), at the following days and hours: Monday to Friday from 9h to 18h, or send a Mail to seller at the following email address: firstname.lastname@example.org.
ARTICLE 5 - ELECTRONIC SIGNATURE
The online provision of the buyer's bank card number and the final validation of the order will prove proof of the buyer's agreement: the payment of sums due under the order form; Signature and express acceptance of all operations carried out. In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is, to contact the seller at the following phone number: 0164215328.
Article 6 - Order confirmation
The seller provides the buyer with a command confirmation, by email.
Article 7 - Proof of the transaction
The computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered the evidence of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable support that can be produced as evidence.
Article 8 - Product Information
The products governed by these Terms and Conditions are those on the Seller's website and which 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 were able to occur as to this presentation, the liability of the seller could not be engaged. The photographs of the products are not contractual.
Article 9 - Price
The seller reserves the right to modify his prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to availability at that date. Prices are in euros. They do not take into account the delivery charges, invoiced in addition, 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 passed on to the price of the products of the online store. If one or more taxes or contributions, in particular environmental, had to be created or modified, up and down, this change may be passed on to the selling price of the products.
Article 10 - Method of payment
This is an order with payment obligation, which means that the passing of the order involves a settlement of the buyer. To settle his order, the buyer has, for his choice, of the set of payment methods made available by the seller and listed on the site of the seller. The buyer guarantees the seller that he has the permissions possibly necessary to use the payment method chosen by him, during the validation of the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of payment permit by credit card from 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 settled completely or partially a previous order or with whom a payment dispute would be in the process of being administered . The payment of the prize is carried out in full on the day of the order, according to the following modalities: PayPal bank card
Article 11 - Availability of products - Refund - Resolution
Except in case of force majeure or during the closed periods of the online store that will be clearly announced on the site's homepage, the shipping times will be, within the limits of available stocks, those listed below. Shipping deadlines run from the date of registration of the command indicated on the confirmation email of the order. For deliveries in Metropolitan France and Corsica, the deadline is approximately 10 days from the day following the one where the buyer has completed his order, according to the following modalities: Delivery Eco deposited at the foot of the home. At the latest, the deadline will be 30 working days after the conclusion of the contract. For deliveries in DOM-TOMs or another country, the methods of delivery will be specified at the buyer on a case-by-case basis. In case of non-compliance with the agreed date of delivery, the buyer shall, before breaking the contract, direct the seller to execute the contract within a reasonable additional time. In the absence of execution at the expiry of this new delay, the buyer will freely break the contract. The Buyer will have to fulfill these successive formalities by registered letter with acknowledgment of receipt or by writing on another sustainable support. The contract will be considered solved at the receipt by the seller of the letter or writing informing him of this resolution, unless the professional was executed in the meantime. The buyer may, however, be able to immediately resolve the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract. In this case, when the contract is resolved, the seller is obliged to reimburse the buyer of all the sums paid, at the latest within 14 days of the date on which the contract was denounced. In case of unavailability of the ordered product, the buyer will be notified as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice to request either the refund of the sums paid within 14 days at the latest of their payment or the exchange of the product.
Article 12 - Terms of delivery
Delivery is transferred to the consumer of physical possession or good control. The products ordered are delivered according to the terms and time specified above. The products are delivered to the address indicated by the purchaser on the purchase order, the buyer will have to ensure its accuracy. All parcels returned to the seller because of an erroneous or incomplete delivery address will be re-effected at the expense of the buyer. The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, validating the option provided for this purpose on the order form. If the buyer is missing on the day of delivery, the deliveryman will leave a notice of passage in the mailbox, which will remove the package at the time and time indicated. If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the status of the items. If they have been damaged, the buyer must refuse the package and write a reservation on the delivery slip (parcel refused because open or damaged). The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing compared to the delivery note, damaged parcel, broken products ...). This verification is considered carried out when 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 within two working days of receipt of the article (s) and send a copy of that mail by fax or mail to the seller at the address indicated in the notice legal site. If the products need to be returned to the seller, they must be the subject of a return request from the seller within 14 days of delivery. Any complaint made outside this period can not be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions ...).
Article 13 - Delivery errors
The buyer must formulate the seller the same day of the delivery or at the latest on the first business day following the delivery, any claim for delivery and / or non-compliance of products in kind or in quality compared to indications appearing on the order form. Any complaint made beyond this deadline will be rejected. The claim can be made, at the choice of the buyer: by phone at the following number:; By e-mail at the following address: email@example.com. Any complaint not made in the rules defined above and within the time limit may not be taken into account and will clear the seller of any liability vis-à-vis the buyer. Receipt of the claim, the seller will assign an exchange number of the relevant product (s) and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the allocation of the exchange number. In the event of an error of delivery or exchange, any product to be exchanged or repayed must be returned to the seller as a whole and in its original packaging, in colissimo recommended, at the following address: Warehouse furniture, Avenue Raoul Aladenize, 18500 mehun on Yèvre. The return costs are the responsibility of the seller.
Article 14 - Product Guarantee
14-1 Legal conformity guarantee
The seller is guaranteeing the compliance of the property sold to the contract, allowing the buyer to formulate a request under the legal guarantee of compliance provided for in Articles L. 217-4 et seq. Of the Code of Consumer. In the case of implementation of the legal guarantee of conformity, it is recalled that: the buyer has a period of 2 years from the issuance of the property to act; The buyer may choose between the repair or the replacement of the property, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code; The buyer does not have to prove the non-compliance of the property during the 24 months in case of new goods (6 months in case of used goods), following the issuance of the property.
Legal guarantee of hidden defects in accordance with Articles 1641 and following of the Civil Code, the seller is guarantor of hidden defects that may affect the well sold. It will be up to the Buyer to prove that the vices existed for the sale of the property and are likely to make the good unsuitable for the use to which it is intended. This guarantee must be implemented within two years of the discovery of the vice. The buyer may choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.
Article 15 - Right of withdrawal
Application of the right of withdrawal in accordance with the provisions of the Consumer Code, the Buyer has a period of 14 days from the date of delivery of his order, to return any article that does not suit him and request the exchange or The reimbursement without penalty, with the exception of return fees that remain the responsibility of the buyer. Returns are to be performed in their original and complete status (packing, accessories, instructions ...) allowing their recommendation to the new state, accompanied by the purchase invoice. Damaged products, salis or incomplete are not included. The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on sustainable support will be immediately communicated to the Buyer. Any other mode of retraction reporting is accepted. It must be devoid of ambiguity and express the desire to retract. In the event of the exercise of the right of withdrawal within the abovementioned period, the price of the purchased product (s) and delivery charges are reimbursed. The return fee is the responsibility of the buyer. The exchange (subject to availability) or the repayment will be made within approximately 10 days, and at the latest, within 14 days of receipt, by the seller, products returned by the buyer under the conditions planned above. Exceptions under Article L221-28 of the Consumer Code, the right of withdrawal can not be exercised for contracts: the supply of goods whose price depends on fluctuations in the financial market escafter to the control of the professional and likely to produce during the withdrawal period; providing goods made according to consumer specifications or significantly personalized; providing goods likely to deteriorate or to perish quickly; providing goods that have been descended by the consumer after delivery and can not be returned for health or health protection reasons; providing goods that, after having been delivered and by their nature, are mixed in an inseparable way with other articles; providing alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed to the conclusion of the contract depends on fluctuations in the market beyond the control of the professional; maintenance or repair work to be carried out at emergency at the home of the consumer and expressly solicited by him, within the limits of the spare parts and strictly necessary work to meet the emergency; providing audio or video recordings or computer software when they have been descented by the consumer after delivery; providing a journal, a periodical or magazine, except for subscription contracts to these publications; providing numerical content not provided on a hardware medium whose execution has begun after express prior agreement of the consumer and renunciation expressly with his right of withdrawal.
Article 16 - force majeure
Any circumstances beyond the willingness of the parties preventing the execution under normal conditions of their obligations are considered as causes of exemption from the obligations of the parties and result in suspension. The party that invokes the above circumstances must immediately warn the other part of their occurrence, as well as their disappearance. The facts or irresistible circumstances, external, inevitable, independent of the parties and may not be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as case of force majeure or fortuitous cases, in addition to those usually adopted by the case law of French courses and courts: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, floods, Lightning, stopping telecommunication networks or difficulties with external telecommunication networks to customers. The parties will move closer to examine the incidence of the event and agree on the conditions under which the implementation of the contract will be continued. If the case of force majeure has a duration greater than three months, these terms and conditions may be terminated by the injured party.
Article 17 - Intellectual Property
The content of the website remains the property of the seller, only holder of intellectual property rights on this content. Buyers undertake to make no use of this content; Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
Article 18 - Computer and Freedoms
The nominative data provided by the buyer are necessary for the processing of his order and the establishment of invoices. They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders. The processing of information communicated through the Cozy Furniture Web site has been declared to the CNIL. The buyer has a permanent right of access, modification, rectification and opposition with respect to the information concerning him. This right may be exercised under the conditions and depending on the terms defined on the Cozy Furniture site
. Article 19 - Non-partial validation
If one or more stipulations of these general conditions are held for invalid or declared such pursuant to a law, settlement or following a final decision of a competent jurisdiction, the other stipulations will keep all their strength. and their scope.
Article 20 - Non-renunciation
The fact of one of the parties not to avail oneself of a breach by the other Party in any of the obligations referred to in these general conditions can not be interpreted for the future as a renunciation of the obligation in question.
Article 21 - Title
In case of difficulty of interpretation between any of the titles at the top of the clauses, and any of the clauses, the securities will be declared non-existent.
Article 22 - Language of the contract These general conditions of sale are written in French. In the case where they would be translated into one or more foreign languages, only the French text would make faith in case of dispute. Article 23 - Mediation and dispute settlement The buyer may use conventional mediation, particularly with the Committee on the Mediation of Consumer Consumer or with existing sectoral mediation bodies, or any alternative mode of dispute settlement (conciliation, for example) in case of dispute. The names, contact details and email address of the mediator are available on our site. In accordance with Article 14 of Regulation (EU) No 524/2018, the European Commission has put in place an online dispute settlement platform, facilitating the independent rules by the extrajudicial disputes between consumers and professionals of the 'European Union. This platform is available at the following link: https://webgate.ec. europa.eu/odr/.
Article 24 - Applicable Act
These general conditions are subject to the application of French law. The competent court is the court court. This is so for the basic rules as for the rules of form. In the event of a dispute or complaint, the Buyer will be aimed at the seller to obtain an amicable solution.
Article 25 - Protection of personal data
Data collected Personal data that is collected on this site are as follows: opening of account: when creating the user's account, its name; first name ; email address ; Phone Number ; address ; connection: When connecting the user to the website, it registers, in particular, its name, first name, connection, use, location data and its payment data; Profile: The use of the services provided on the website allows you to enter a profile, which may include an address and a telephone number; Payment: As part of the payment of the products and services offered on the website, it registers financial data relating to the bank account or the credit card of the user; Communication: When the website is used to communicate with other members, the user communications data is subject to temporary conservation; Cookies: Cookies are used as part of the use of the site. The user has the ability to disable cookies from the settings of his browser. Using Personal Data The purpose of personal data collected from users are aimed at providing the services of the website, improve and maintain a secure environment. Specifically, the uses are as follows: access and use of the website by the user; operation of operation and optimization of the website; organization of conditions of use of payment services; verification, identification and authentication of the data transmitted by the user; proposal to the user of the possibility of communicating with other users of the website; Implementation of user support; Customizing services by displaying advertisements based on the user's navigation history, according to his preferences; Prevention and detection of fraud, malware (Malicious Software or malware) and security incident management; management of potential disputes with users; Sending commercial and advertising information, depending on the user's preferences. Sharing personal data with third parties Personal data can be shared with third-party companies, in the following cases: when the user uses payment services, for the implementation of these services, the website is related to third-party banking and financial companies with which it has completed contracts; When the user publishes, in the free commentaries of the website, information available to the public; When the user authorizes the website of a third party to access his data; When the website uses service providers to provide user assistance, advertising and payment services. These providers have limited access to the data of the user, in connection with the execution of these benefits, and have a contractual obligation to use them in accordance with the provisions of the applicable regulation of data protection. staff ; If the law requires it, the website may transmit data to address complaints against the website and comply with administrative and judicial procedures; If the website is involved in a merger, acquisition, disposal of assets or judicial recovery procedure, it may be required to assume or share all or part of its assets, including personal data. In this case, users would be informed before personal data are transferred to a third party. Security and Confidentiality The website implements organizational, technical, software and physical measures for digital security to protect personal data from unauthorized alterations, destruction and access. However, it is noted that Internet is not a completely secure environment and the website can not guarantee the security of the transmission or storage of information on the Internet. Implementing User Rights Under the Regulations Applicable to Personal Data, users have the following rights, whether they may exercise by applying to the following address: firstname.lastname@example.org. The right of access: they may exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, the website may apply for the identity of the user to verify the accuracy. The right of rectification: if the personal data held by the website are inaccurate, they may request the updating of the information. The right to delete data: users may request the deletion of their personal data, in accordance with the applicable data protection laws. The right to the limitation of treatment: users can request the website to limit the processing of personal data in accordance with the assumptions provided by the RGDP. The right to oppose the data processing: Users may oppose that his data is processed in accordance with the assumptions provided by the RGDP. The right to portability: they may claim that the website gives them the personal data provided to them to transmit them to a new website. Evolution of this clause The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of e-mail modification, within a minimum of 15 days before the effect date. If the user does not agree with the terms of the new writing of the personal data protection clause, he has the ability to delete his account. Appendix: withdrawal form (compete by the consumer, and to send by registered letter with acknowledgment of receipt, within the maximum period of 14 days following the date of conclusion of the benefit contract)
For the attention of: Furnish1 located at: 46 rue des Vieilles Vignes, 77183 Croissy Beaubourg Phone Number: 0164215328, Mail Address: email@example.com
I shall notify you, hereby, my retraction of the contract on ....................., ordered: .........
First name and consumer name: .................
Consumer address: .................
Signature of the consumer Annex: Consumer Code Article L. 217-4:
"The seller delivers a property consistent with the contract and responds with existing compliance defects when issuing. It also meets compliance defects resulting from the packaging, assembly instructions or installation when it was charged by the contract or was carried out under its responsibility. " Article L. 217-5: "The property complies with the contract: (1) if it is customary to usually expected a similar and, if necessary: if it corresponds to the description given by the seller and has the qualities that it has presented to the buyer as a sample or model; If it presents the qualities that a buyer may legitimately wait in respect of the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling; (2) or if it presents the characteristics defined by the parties or is specific to any special purpose sought by the buyer, brought to the knowledge of the seller and that the latter accepted. " Article L. 217-6: "The seller is not required by the public statements of the producer or his representative if he is established that he did not know them and was legitimately unable to know them". Article L. 217-7: "The defects of compliance that appears within twenty-four months from the issuance of the property are presumed to exist at the time of deliverance, unless otherwise evidenced. This period is fixed at six months. The seller can fight this presumption if it is not compatible with the nature of the property or the lack of conformity invoked. " Article L. 217-8: "The Buyer is entitled to require the compliance of the property to the contract. However, he can not dispute compliance by invoking a defect he knew or could not ignore when he contracted. The same goes when the defect has its origin in the materials it itself provided. " Article L. 217-9: "In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the property. However, the seller may not proceed according to the choice of the buyer if this choice leads to a clearly disproportionate cost in the light of the other modality, given the value of the property or the importance of the defect. It is therefore obliged to proceed, unless impossible, according to the modality not chosen by the buyer. " Article L. 217-10: "If the repair and replacement of the property is impossible, the buyer can make the property and make the price restore or keep the property and make a part of the price. The same faculty is open to it: (1) if the solution requested, proposed or agreed pursuant to Article L. 217-9 can not be implemented within one month following the claim of the Buyer; (2) or if this solution can not be without major inconvenience for the latter considering the nature of the good and the use it seeks. The resolution of the sale can however be pronounced if the lack of conformity is minor. " Article L. 217-11: The application of the provisions of Articles L. 217-9 and L. 217-10 takes place without any expenses for the buyer. These same provisions do not preclude the allowance of damages. Article L. 217-12: "The action resulting from the lack of conformity is prescribed by two years from the issuance of the property." Article L. 217-13: "The provisions of this section shall not deprive the buyer of the right to exercise the action resulting from the drafting defects as it follows from Articles 1641 to 1649 of the Civil Code or any other action of contractual or extracontractual nature recognized by law. " Article L. 217-14: "The recursory action fear being exercised by the final Vendur against successive sellers or intermediaries and the producer of the property Corporal furniture, according to the principles of the Civil Code. Article L. 217-15: "The commercial guarantee refers to any contractual commitment to a professional with respect to the consumer with a view to reimbursement of the purchase price, replacement or repair of the property or the benefit Any other service in connection with the property, in addition to its legal obligations to ensure the compliance of the property. The commercial guarantee is the subject of a written contract, of which a copy is given to the buyer. The contract precise The content of the guarantee, the modalities of its implementation, its price, its duration, its territorial extent and the name and address of the guarantor. In addition, he mentions clearly and precisely that, regardless of the guarantee Commercial, the seller remains given the legal guarantee of compliance mentioned in Articles L. 217-4 to L. 217-12 and that relating to the defects of the thing sold, under the conditions laid down in Articles 1641 to 1648 and 2232 of the Code civil. The provisions of Articles L. 217-4, L. 21 7-5, L. 217-12 and L. 217-16 and Article 1641 and the first paragraph of Article 1648 of the Civil Code are fully reproduced in the contract. In case of non-compliance with these provisions, the guarantee remains valid. The buyer is entitled to take advantage of it. "Article L. 217-16:" when the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or reparation. of a personal property, a statement covered by the warranty, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request of 'intervention of the buyer or the provision for repair of the property in question, if this provision is after the request for intervention. " Civil Code Article 1641: "The seller is bound by the warranty for the hidden defects of the sold thing that makes it unfit for the use to which it is destined, or which diminish this use so much, that the buyer would not have Not acquired, or would have given a lower price, if he knew them. " Article 1648: "The action resulting from the redirected defects shall be brought by the purchaser, within two years from the discovery of the vice. In the case provided for in Article 1642-1, the action must be Introduced, barely foreclosure, within the year following the date on which the seller can be discharged from defects or compliance defects ".