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Online general terms of sale

  1. FIELD OF APPLICATION
  2. COVER OF THE OFFER
  3. PRICES
  4. ORDER
  5. AVAILABILITY OF THE PRODUCTS
  6. DURATION OF THE OFFER
  7. DELIVERY
  8. DEFAULT OF PAYMENT - OWNERSHIP RESERVATION
  9. TRANSFER OF RISKS
  10. FORCE MAJEURE
  11. RIGHT OF WITHDRAWAL
  12. GUARANTEES AND REPLACEMENT
  13. PRODUCT INFORMATION
  14. DISAGREEMENT AND RESPONSIBILITY
  15. DISAGREEMENT AND RESPONSIBILITY
  16. DATA PROCESSING AND FREEDOMS
  17. INTELLECTUAL PROPERTY
  18. APPLICABLE LAW AND COURTS WITH JURISDICTION

1. FIELD OF APPLICATION

These General Terms of Sale apply to all orders placed on the https://www.sia-deco.com website, hereinafter referred to as the “Website”, an e-commerce service published by the company SIA NEW COMPANY, (hereinafter referred to as “SIA”, an SAS with capital of EUR 125,000 whose registered office is located at 7 rue de la Porte de Buc – 78 000 Versailles – France, registered in the Commercial Register of Versailles under No. SIRET 812 776 482 000 42, VAT No. FR 09 812 776 482.

These General Terms of Sale will apply such as they appear on the Website. SIA may at any time modify and update these General Terms of Sale, it being specified, however, that the General Terms of Sale that apply will be those in force on the date of the order by the Customer which have been formally accepted by the Customer and confirmed by SIA.

Each purchase on the Website is subject to all the provisions of the General Terms of Sale applicable on the date that the order is placed. The Customer may only validate his order after having taken cognisance of these general terms and having accepted them by ticking the box dedicated to this purpose. The Customer is defined as the consumer who places an order or who plans to place an order.

As a consumer, the Customer has specific rights, which would be called in question should the products acquired within the context of the electronic store in reality be connected with his professional activity. In this latter case, the Customer may not avail himself of the provisions of consumer law in general and those of the distance selling in particular. Moreover, he states having the legal capacity to commit himself pursuant to these General Terms of Sale.

2. COVER OF THE OFFER

The Website offers a telesales service. All the information contained in the https://www.sia-deco.com website is in English, French, Italian and Spanish for the e-shopping part and will be subsequently expanded to the German, Portuguese and Dutch languages.

3. PRICES

All prices are indicated in euros inclusive of all taxes, excluding delivery charges. Any change in the applicable rate of VAT may be applied to the sale price of the products in the catalogue.

The price guaranteed to the buyer is that displayed on the Website when placing the order. The product price, fixed when making the purchase, is firm and final. It does not include the participation to the shipping costs invoiced in addition and which will be indicated in the confirmation of the order. This price is payable in full and in a single payment.

SIA reserves the right to change its prices at any time, without notice, it being understood that the contractual price is that displayed when placing the order and which is binding on SIA.

The Customer may not avail himself of the prices charged on the Website to request an alignment of the in-store prices or vice versa.

4. ORDER

The Customer may place an order on the Website according to the following order process:

  • Choice of items and addition to the shopping cart

  • Confirmation of the contents of the shopping cart

  • Identification on the Website if the Customer is not already identified

  • Choice of the delivery method

  • Acceptance of the General Terms of Sale and payment

  • Confirmation of the payment

Any purchase order signed with the confirmation click is an irrevocable commitment by the Customer which may be questioned only within the limits laid down by these General Terms of Sale. Online entry of the bank card number and final confirmation of the order will be deemed to be proof of the entirety of the said order in accordance with the provisions of the Act of 13 March 2000 and the amounts committed by the entry of the products listed on the purchase order will be due.

Conclusion of the contract will take place only on confirmation of the order by SIA. The Customer will receive an acknowledgement of receipt and confirmation of the order by e-mail.

SIA reserves the right not to confirm an order for any reason whatsoever, in particular relating to a problem of supply of the products or any problem relating to the order received.

On receipt of the confirmation email sent by SIA, the Customer may, by clicking on “My Account” then “My orders”, track the situation of his order and delivery.

In the case of fraudulent use or attempted fraudulent use of the payment means, SIA reserves the right not to confirm or ship the order.

In order to prevent fraud related to the means of payment on the Internet, SIA reserves the right to check the reliability of the information entered during registration of the order by the Customer.

Therefore, SIA’s Customer Service may ask the Customer, by phone and/or e-mail, for one or more supporting documents (a copy of his identity card and proof of address). This request will have the effect of suspending the order pending the transfer of these supporting documents by email to contact@sia-deco.com, by fax to (specify) or by postal letter to the following address: SIA Service Client Internet, 7 rue de la Porte de Buc – 78 000 Versailles – France.

In addition, SIA may cancel the order in the event of the non-conformity of the supporting documents or if these documents are not sent. In this case, the Customer may not claim damages for cancellation of the order.

5. AVAILABILITY OF THE PRODUCTS

The products presented on the Website are valid within the limit of the stocks available. Prior to any purchase, the Customer is kept informed of the availability of the products

The Customer acknowledges this and hereby accepts that SIA will make its utmost efforts to process and honour all orders which have been confirmed in an order confirmation by SIA.

Since processing times are necessary between registration of an order and its payment by the Customer, products may become unavailable during this period.

Should, after confirmation of the order by SIA, products become totally or partially unavailable, SIA will inform the Customer by email of this unavailability in accordance with Article L 121-20-3 of the Consumer Code and will refund the price of the missing product within a thirty-day period following payment of the product. In the event of an order that includes several products, only the missing products will be refunded by SIA, with the order remaining valid for the other products.

6. DURATION OF THE OFFER

The offers contained on this website are valid for as long as the products which relate to them remain online and indicated as being available and until depletion of the stocks.

7. DELIVERY

7.1 Delivery terms

The products are delivered to the address indicated by the Customer on the order when placing the order on the Website. Delivery is deemed to be made as soon as the product is handed over to the carrier.

The delivery docket presented by the carrier and that is dated and signed by the Customer on delivery of the product will constitute evidence with regard to shipment and delivery.

On delivery, the Customer must check the contents, the conformity and the condition of the product or products.

In the case of delay, damage, total or partial losses, or any other problem, it is the Customer’s responsibility to make any claim to the carrier such as the refusal to accept the parcel, with SIA disclaiming any liability at all times.

Therefore, on delivery, SIA recommends that the Customer examines the condition of the delivered products before signing the acknowledgement of receipt of the parcel. If he finds anomalies, he must refuse delivery of the products or make handwritten, detailed and dated reservations. A copy of his reservations must be kept by the Customer in order to possibly send them to SIA.

7.2 Delivery Areas

SIA orders can be delivered to below listed areas :

  • France

  • Germany

  • Spain

  • Belgium

  • Luxembourg

  • Netherlands

  • Autria

  • Italy

SIA plans to enlarge its delivery areas as soon as possible.

7.3 Delivery methods

With a concern for keeping delivery charges down as much as possible, SIA makes its best efforts to ship the items promptly while limiting the number of shipments. However, furniture and large objects will be shipped separately in order to better control the shipment which will be made by furniture professionals. Therefore, if in the same order, there are at least one product with a weight lower than 30kg and at least one bulky product or a product weighing more than 30kg (such as a piece of Furniture), SIA will automatically split the order into two (2) parcels and therefore into two (2) shipments. The shipment method will result in an extra charge for the carriage costs as specified when ordering.

The delivery method will be specified when ordering. Depending on the items, different delivery methods are possible:

For standard orders (weight less than 30kg and not bulky)

  • Home delivery: the order will be delivered by La Poste. The delivery person will go to the Customer’s address and will deliver the parcel provided a signature of receipt is obtained. In the event of absence of the recipient, a non-delivery notice will be posted in the recipient’s mail box specifying the post office from which the parcel must be collected. The Customer then has 10 days to collect his parcel. After this period, the latter will be automatically returned to SIA. In the absence of the Customer contacting the Customer Service by e-mail at contact@sia-deco.com and/or by phone on (specify) within a period of 2 weeks after the return, SIA will automatically refund the Customer for the amount of his order, with the carriage costs remaining borne by the Customer.

  • Collection of the parcel in a pick-up point: The Customer can have his order delivered to a pick-up point. An SMS message or an e-mail will inform the Customer of the arrival of his parcel in the selected pick-up point. He must present an identity card which is mandatory for the collection of any parcel (2 identity documents for collection of the parcel by a third party). The Customer then has 14 days to collect his parcel. After this period, the latter will be automatically returned to SIA. In the absence of the Customer contacting the Customer Service by e-mail at contact@sia-deco.com and/or by phone on (specify) 01.34.91.08.05 within a period of 2 weeks after the return, SIA will automatically refund the Customer for the amount of his order, with the carriage costs remaining borne by the Customer.

For bulky orders or those weighing more than 30kg

  • Home delivery to the “doorstep” by a carrier: On reception of the parcel, the carrier will contact the Customer (via email or phone) in order to book a delivery time. Deliveries are made from Monday to Friday, 8.00 to 17.00, and, in some departments, on Saturday from 8.00 to 13.00. The parcel is delivered by hand to the Customer at the tailgate of the truck in front of the place of delivery indicated when ordering. The Customer must therefore make arrangements to be able to take delivery of his parcels and carry them inside by his own means. In the event of the absence of the Customer on the delivery day, the additional delivery charges will be borne by the Customer.

  • Specialised delivery by a carrier: Delivery of the order is carried out by two persons after agreeing a delivery time. Deliveries are made from Monday to Friday 8.00 to 17.00 and, in some departments, on Saturday from 8.00 to 13.00. The parcel is delivered to the room chosen by the Customer. The packaging will be removed by the delivery team. Prior to any order and to any purchase, the Customer must ensure that each product ordered will be delivered without problems and check that the dimensions of the parcels will meet the specific requirements of his home (lifts, stairs, corridors, doors, destination rooms). The Customer must take all measures to ensure delivery goes smoothly.

In the case of absence of the Customer on the day of the delivery or failing information on the need for specific delivery and the impossibility of any kind for the carriers to deliver on the agreed date, the additional delivery charges will be borne by the Customer.

7.4 Delivery lead times

The average delivery lead times will be 3-4 working days for all products. This time is given only as an indicative time and is not a firm commitment by SIA. The delivery lead time limit is twenty (20) working days.

In the event of delivery lead time limit being exceeded by more than 14 days, and if this overrun is not due to a case of force majeure, the customer will be able to terminate the sales contract by e-mail or by registered letter with acknowledgement of receipt sent to:

SIA Service Clients, 7 rue de la Porte de Buc – 78 000 Versailles - France

The sale will be considered to have been cancelled if delivery has not taken place before receipt of the email or letter by SIA.

The cost of the purchase paid by the Customer will be reimbursed within 30 days of the cancellation request by the Customer.

7.5 Delivery charges

Delivery charges are calculated and indicated when confirming the shopping cart. They are calculated according to the weight of the products, their volume, the distance and the delivery method. Delivery costs may be offered without charge on an ad hoc basis only within the context of promotional marketing operations by SIA.

8. DEFAULT OF PAYMENT - OWNERSHIP RESERVATION

Payment of the entirety of the price is due when ordering on the SIA website.

The Customer undertakes to pay the price indicated for the product ordered on the website (the price of the products and the shipment). No payment by the Customer may be considered to be a deposit.

The Customer pays his order by bank card as proposed on the Website.

The Customer guarantees to SIA that he has the necessary authorisations to use the payment method by card when placing the order.

SIA reserves the right to refuse to honour an order or to make a delivery from a Customer who has not paid for a previous order in full or in part or with whom a payment disagreement is outstanding.

9. TRANSFER OF RISKS

The products ordered remain the property of SIA until final and full payment of their price in accordance with the terms of Act No. 80 335 of 12 May 1980.

10. FORCE MAJEURE

The risks are transferred to the Customer on hand-over of the products by SIA to the carrier. The products travel at the Customer’s risk. This is also the case in the event of prepaid shipment or return of products.

During the withdrawal period mentioned in Article 12 below, the Customer is responsible for the products of his order. In the event of damage to or destruction of the product while in the Customer's custody, the latter will bear all the consequences of it.

11. RIGHT OF WITHDRAWAL

It is expressly understood that cases of force majeure are considered to be, in addition to those which are usually applied by the case-law of French courts and tribunals, total or partial strikes, internal or external to the company, a blockage of means of transport or supply for any reason whatsoever, legal or governmental restrictions, computer breakdowns, a blockage of telecommunications including communication networks and in particular the Internet.

The occurrence of a force majeure event will suspend, initially, automatically, the fulfilment of the order. If after a period of three 3 months, the parties note the persistence of the force majeure event, the order will be automatically cancelled, unless otherwise agreed by both parties.

12. GUARANTEES AND REPLACEMENT

In accordance with the provisions of Article 121-20 of the Consumer Code, the customer has a withdrawal period of 14 working days from the date of receipt allowing him to cancel all or part of his order and to return the product or products at his expense. If this period expires on a Saturday, a Sunday or a public holiday, it is extended until the first following working day.

The returned product must be in its original condition and packaging. It must not have been used, nor have suffered any damage however minimal and be in a state of perfect cleanliness. SIA has full discretion in deciding whether the products are in their original state when they are returned to SIA. The Customer must enclose the return slip available on the Website in the FAQ section with the returned product and specify that he is exercising his right of withdrawal.

SIA will make a refund of the product by crediting the bank card within a maximum period of 30 days subject to having received the products in return in their packaging and their original state at the following address:

Vente-Unique.com

West Park

Parc du Bosc HETREL

27340 CRIQUEBEUF-SUR-SEINE

The shipment cost of the returned items will be borne by the buyer, unless the items delivered do not comply with the order or contain visible defects duly recorded on receipt by the Customer as indicated in Article 13. In the case of the return of a damaged and incomplete product, the Customer will not be refunded. SIA disclaims any responsibility in the event of loss, dispatch to the wrong address or delay in delivery when returning the product. The delivery charges will not be refunded should one of the products purchased be kept by the customer.

If the customer is unable to return the products by himself (in particular in the case of a heavy or bulky item), the Customer must contact the customer service, within a maximum period of fourteen working days from the date of receipt, by email to contact@sia-deco.com stating the order number and mentioning the use of his right of withdrawal. The customer service department will then contact the Customer to organise the collection of the product. It will submit the carriage quote to the customer who must accept it by return of email. The refund will be made after deduction of the cost of collection of the product.

13. PRODUCT INFORMATION

After the payment of his order, the Customer benefits from the legal conformity guarantee as well as the guarantee against hidden defects in accordance with the legal provisions in force of Articles L.211-1 to L.211-12 of the Consumer Code and Articles 1641 to 1649 of the Civil Code.

The Customer must carry out, on delivery, all the necessary examinations for detecting damage, missing items, flaws or other visible defects or non-conformities of the products delivered for his order. In particular, he must check the condition of the packaging, the number of parcels and the products in terms of their quantities, their references, their condition and their characteristics.

In the case of a non-conformity or defect of a product delivered, the Customer must return the product within a period of 14 working days following the receipt of the order at the following address:

Vente-Unique.com

West Park

Parc du Bosc HETREL

27340 CRIQUEBEUF-SUR-SEINE

The product must be returned in its original condition and packaging and accompanied by the return slip available on the Website in the FAQ section. Returned items that are incomplete, damaged or soiled by the customer will not be accepted.

On receipt of the product in the prescribed manner, SIA will send back to the Customer, at its own expense, the originally ordered product. In the event of the unavailability of the product, SIA will refund the product by crediting the bank card within a maximum period of 30 days.

The guarantee relates only to the right to a replacement or a refund of the products in question and not to any consequential damages.

SIA disclaims all liability for any inconvenience or damages inherent in the use of the Internet network, in particular a break of service, an external intrusion or the presence of computer viruses.

SIA disseminates, with the utmost rigour, information which relates to the essential characteristics of the products and undertakes to provide descriptive information in the form of a “product data sheet”.

14. DISAGREEMENT AND RESPONSIBILITY

SIA disseminates, with the utmost rigour, information which relates to the essential characteristics of the products and undertakes to provide descriptive information in the form of a “product data sheet”.

Variations between the products delivered and those shown on the Website may exist, mainly for hand-made products for which the uniformity of production cannot be wholly assured or for those which have been subject to adaptations related to technical or technological changes. These differences, when they do not relate to the essential characteristics of the products and do not affect their quality, cannot be used to justify a cancellation of the order or a refusal of delivery. Perfect representation of the products on the Website and/or in the catalogues cannot be guaranteed. In particular because of differences in the colour rendered by the web browsers and/or viewing monitors, SIA cannot be held responsible for any inaccuracy of the photographs shown on the Website.

15. DISAGREEMENT AND RESPONSIBILITY

The Customer must check the completeness and the veracity of the information that it provides to SIA when ordering and in particular the delivery address.

The Customer is responsible for the information that he provides when registering and ordering. SIA may not be held responsible for any input errors which could result in delivery errors. If the delivery address is incorrect or if the customer decides to change the shipping address after shipment of the products by SIA, the costs of the new delivery will be borne by the Customer.

The choice and purchase of the products by the Customer are under his sole responsibility. Therefore, total or partial inability to use products, in particular because of the incompatibility of the product, may not give rise to any compensation, refund, or involvement of SIA’s liability, except in the case of a proven hidden defect, a non-compliance, a flaw or the exercise of the right of withdrawal laid down in the provisions of the Consumer Code.

SIA disclaims any liability resulting from the misuse of the products by the Customer or a fortuitous event or force majeure.

A fortuitous event or force majeure releasing the parties from their liability is considered to be all uncontrollable facts or circumstances, unpredictable and independent of the will of the parties, in particular in the case of a strike by carriers having a national impact and natural disasters such as floods or fires.

The products sold on the Website are intended for private use. In no case may they be used for professional purposes by associations or communities, or any entity for a professional purpose since they do not meet the standards for professional use.

16. DATA PROCESSING AND FREEDOMS

The information requested from the Customer is necessary for processing his order and may not be communicated to third parties without the prior authorisation of the Customer. However, the information gathered may be communicated to third parties bound to SIA by a contract for the performance of subcontracted tasks required for the management of the Customer’s account, orders and payments. In accordance with the “Data Processing and Freedoms” Act of 6 January 1978 as amended by the Act of 6 August 2004, the Customer has a right to access, edit, correct and delete his personal data. To exercise this right, the Customer can consult or edit his data by logging onto the Website to “My Account / My newsletters” or sending an e-mail to contact@sia-deco.com

Moreover, the information provided on the Website also enables SIA to send to the Customer with his express agreement, newsletters informing him of commercial operations in progress, events organised by SIA and to follow the latter’s news.

However, the Customer retains the right to refuse such newsletters, either by not giving his consent when registering and/or confirming his order, or by opposing, free of charge, the use of his contact details for the dispatch of commercial offers. The Customer can make his request either by clicking on the unsubscribe link present in each email message or by logging onto the Website in “My Account /My Newsletters”.

SIA informs the Customer that this automated processing of information has been subject to a declaration to the CNIL under number 1967216.

17. INTELLECTUAL PROPERTY

The content of the Website (texts, logos, graphic images and/or sound etc.) is the property of SIA and is protected by French and international laws relating to intellectual property. The content may not be copied, reproduced or recorded in any manner whatsoever, except with the prior and written permission of SIA.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offence.

SIA is holder of intellectual property rights under copyright, of the designs and models, or other rights of a similar kind.

Moreover, the Customer may only access the content of the database or any other element of the Website and view it for non-commercial and private use.

18. APPLICABLE LAW AND COURTS WITH JURISDICTION

These General Terms of Sale are written in the French language. Should they be translated into one or more languages, only the French text would be regarded as authentic in the event of a disagreement.

These General Terms of Sale are governed by French law.

The Parties will seek, prior to any legal proceedings, a possible non-judicial agreement.

In the absence of a non-judicial agreement, any disagreement relating to the formation, performance, interpretation and cessation to which the General Terms of Sale could give rise, even in the case of action to enforce a guarantee or more than one defendant, falls within the exclusive jurisdiction of the French courts