Terms of sale

1. Scope
Our sales and current contracts are subject to the present general conditions, unless expressly agreed otherwise between the parties. By purchasing, the customer declares that he/she has read and accepts without reservation the following general terms and conditions of sale.
These terms and conditions shall prevail over any other general terms and conditions of sale or special terms and conditions that have not been expressly approved by the seller.
The seller reserves the right to modify its general terms and conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the order by the buyer.

2. Formation of the contract

2.1 Date and conclusion of the contract
These general conditions of sale govern the transactions concluded, on the one hand, between APPARTEMENT TÉMOIN registered at the RCS of Créteil under the number 884 840 000 and whose headquarters is located in Gentilly (94250), and on the other hand, the customers users of the site (natural persons or legal entities) interested in the purchase of products and services offered on the site www.appartementtemoin.com, and any transaction with APPARTEMENT TÉMOIN online and offline.
The user of the site declares that he/she is of legal age and has the full legal capacity to commit to these general conditions of sale.

The Products belong to and are sold on the appartementtemoin.com website by APPARTEMENT TÉMOIN. However, not all products marketed can be sold online. APPARTEMENT TÉMOIN strives to be as accurate as possible in describing the products. However, we cannot guarantee that they are completely accurate, complete, reliable or error-free. The product images on the site are for illustrative purposes only. Although we strive to show colours accurately, we cannot guarantee that the colour display on your computer will accurately represent the colour of the products.

As APPARTEMENT TÉMOIN offers antique, second-hand or recycled furniture and decorative objects, they may contain traces of use, missing items, scratches, marks, defects due to their age, even after careful restoration. APPARTEMENT TÉMOIN may consider that the value of the object is its authenticity and the marks of time, in which case it is of course carefully cleaned but sold as is, without any guarantee.

In addition, furniture intended for children (beds, toys, etc.), having been manufactured several years ago, no longer meets the safety standards in force in France. It may present a risk when used for purposes other than decoration.

Products can be ordered by clicking on the items you wish to purchase, and following the on-screen instructions. You will be able to change all the information until the order is confirmed, when you click on "Pay Now" on the payment page.

After placing your order, you will receive an email from us confirming your order and giving you a reference number. Please note that this email does not mean that your order has been accepted. Your order constitutes an offer to purchase one of our Products. All orders are subject to our approval. We are under no obligation to accept your order and may, at our discretion, decline to accept any order. However, by clicking "Pay Now" you agree to the obligation to pay for the Product(s). If we accept your order, we will send you an email to confirm dispatch (the Dispatch Confirmation) of the order. The contract for the Product(s) ordered which is formed between you and us (the Contract) will only be concluded when we send you the Dispatch Confirmation. Once the Contract has been formed, we will be obliged to supply the goods to you in accordance with the Contract. APPARTEMENT TÉMOIN will issue an invoice which you can request from us via boutique@appartementtemoin.com.

The Contract will only relate to the Product(s) confirmed for despatch in the Despatch Confirmation. We will not be obliged to supply any other Product(s) that may have formed part of your order until a further Dispatch Confirmation in respect of them has been sent.

2.2 Prices
The price guaranteed to the buyer is the one displayed on the site at the time of purchase. APPARTEMENT TÉMOIN reserves the right to modify this price at any time, but the products will be invoiced on the basis of the prices in force at the time of the registration of orders.

2.3 Delivery rates and times
We deliver worldwide. The delivery costs for France, Europe, the United States and Canada are calculated automatically.

The delivery costs are specified once the article is added to the basket if delivery by colissimo. The product can also be said to be "on estimate", in this case the price of the delivery will be communicated by e-mail to the buyer, who, once he has accepted it, will have 24 hours to pay the total amount of the product and the amount of the delivery before being delivered to the address transmitted. After this period, if the buyer has not accepted and paid the invoice, the product is put back on sale. Delivery is made according to the provisions and in the order of arrival of orders. Delivery times are given as an indication. Exceeding delivery times shall not give rise to any damages or interest, or any deduction. In the case of payment by bank transfer, money order, paypal transfer and cash, your order will only be processed on receipt and collection of the latter.

2.4 Delivery

2.4.1 The quantity and qualities of the product delivered are those set out on the delivery confirmation form. APPARTEMENT TÉMOIN reserves the right to modify the goods to be delivered in the hypothesis described in paragraph 2 of article R 132-2 of the French Consumer Code, i.e. when the modifications are linked to technical developments and do not generate any increase in price or alteration of the quality of the product, it being understood that the consumer is free to mention the characteristics to which he/she is bound. The articles sold by APPARTEMENT TÉMOIN are guaranteed to be second-hand or reconditioned in accordance with the law in force.

2.4.2 The place of delivery is determined by the buyer at the time of the order, and the buyer undertakes to be present at the time of delivery. Any absence at the time of delivery will result in the obligation for the purchaser to recover his goods directly from the carrier within a reasonable time, the seller will be entitled to charge the purchaser the amount of the following delivery if this is possible. APPARTEMENT TÉMOIN reserves the right to choose the mode of transport that it deems most suitable for the product.

2.4.3 APPARTEMENT TÉMOIN cannot be held responsible for delivery problems resulting from difficulties in accessing the place of delivery. The consequences of these difficulties are borne by the purchaser. Thus, APPARTEMENT TÉMOIN cannot be held liable for damages caused in these cases, and the additional costs related to access difficulties will be charged to the customer. It is the responsibility of the purchaser to ensure that the premises are accessible to the goods delivered. The delivery personnel alone are entitled to judge the difficulty of access and reserve the right not to take a parcel upstairs, not to pass through windows, etc. The price of the delivery is calculated on the basis of a delivery at the foot of the building or house.

The additional costs for the rental of lifts and the storage of the returned goods shall be borne exclusively by the customer. In the event that delivery cannot be made due to access difficulties, the delivery costs, the costs of returning the goods to our company and/or the costs of representation shall be borne entirely by the customer.

2.4.4 Obligations of the buyer upon receipt of the goods. At the time of delivery, the purchaser must ensure the good conformity of the good received, and its state, he must unpack the product in the presence of the carrier before signing the delivery order. The customer undertakes to be present on the day of the delivery agreed with the delivery person and to check the conformity of the order on receipt. In the event of a problem with the delivery, the customer must express his/her reservations in the form of handwritten, dated and explicit observations with the presence of the carrier before signing the delivery note, by registered letter with acknowledgement of receipt addressed to APPARTEMENT TÉMOIN in 94250 Gentilly and formulated within three days. In the absence of a complaint on the delivery note, or if it has not been unpacked in the presence of the carrier, the product delivered is deemed to be satisfactory and may not be the subject of any subsequent dispute.

2.4.5 The transfer of ownership of the goods sold is subject to the effective receipt of full payment of the price by the buyer. Any non-performance by the buyer of his payment obligation, whatever the reasons, authorises APPARTEMENT TÉMOIN to demand the immediate return of the goods delivered.

2.4.6 You agree that you will not use the Products for any commercial or resale purposes. We shall not be liable to you for any loss of profit, business interruption, or loss of earnings.

3. Product warranty

3.1 Terms and conditions
The product guarantee corresponds to the "manufacturer's guarantee". The manufacturer's warranty covers any material or manufacturing defect. It is implemented by APPARTEMENT TÉMOIN free of charge in continental France only. Interventions under the warranty shall not have the effect of extending the duration of the warranty, subject to Article L211-16 of the Consumer Code. Under this warranty, the only obligation incumbent on the seller will be, according to his judgement, either the free replacement of the product for an identical product or a product of equivalent range if the product is no longer manufactured or available, or the repair of the product or of elements recognised as defective.

3.2 Warranty exclusions
Defects and deterioration caused by natural wear and tear or by external accidents, or by a modification of the product not foreseen or specified by the seller, are excluded from the warranty. The manufacturer's warranty shall not cover the case where an apparent defect at the time of receipt of the goods has not been declared by the consumer under the conditions mentioned in article 2.4.4.

4. Right of withdrawal
In accordance with Article L121-20 of the Consumer Code, the customer has a period of seven days to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception, where applicable, of return costs. The customer may waive this period in the event that he/she is unable to travel and at the same time needs to call upon an immediate service necessary for his/her living conditions. In this case, the customer may continue to exercise his right of withdrawal without having to justify his reasons or pay penalties. The period mentioned shall run from the date of receipt of the goods. If the seven-day period expires on a Saturday, Sunday, public holiday or non-working day, it shall be extended to the next working day. When the right of withdrawal is exercised APPARTEMENT TÉMOIN is obliged to reimburse the customer without delay and at the latest within thirty days of the date on which this right is exercised. The means of return will be at the initiative, convenience and expense of the customer. Under no circumstances shall APPARTEMENT TÉMOIN be obliged to organise the return of the cancelled goods in accordance with article 121-20 of the Consumer Code. The risks of returning the product, whatever the cause, are the responsibility of the customer. If the product is lost by the carrier during this shipment, the customer is solely responsible and cannot be reimbursed by APPARTEMENT TÉMOIN. No retraction will be accepted if the product is unsuitable for its re-marketing, because it is incomplete, damaged, or whose original packaging has been damaged or thrown away. In accordance with the provisions of Article L121-20-2 of the Consumer Code, no withdrawal may be made when the product delivered has been made to the consumer's specifications.

5. Data Protection Act
In accordance with law 78-17 of January 16, 1978, revised by law 2004-801 of August 6, 2004, you have the right to access and rectify data concerning you. This information is reserved for theAPPARTEMENT TÉMOIN team, and is not disclosed.
Our members have the right to access and rectify information concerning them, which they can exercise by sending an e-mail to boutique@appartementtemoin.com.

6. Intellectual property
All texts, comments, works, illustrations and images reproduced on the www.appartementtemoin.com website are protected by copyright, trademark law, patent law and image law, and this for the whole world. They are the full and complete property of APPARTEMENT TÉMOIN. As such, and in accordance with the provisions of the intellectual property code, only use for private purposes is authorised, subject to different, even more restrictive, provisions of the intellectual property code.

The fact of imposing a hypertext link to the site www.appartementtemoin.com is strictly subject to written authorisation from the company APPARTEMENT TÉMOIN on simple request addressed to APPARTEMENT TÉMOIN 94250 Gentilly or by email to boutique@appartementtemoin.com. Any other use constitutes an infringement and is punishable under intellectual property law unless prior authorisation has been obtained from the company APPARTEMENT TÉMOIN. Any total or partial reproduction of catalogue APPARTEMENT TÉMOIN is strictly forbidden, unless expressly authorised.

7. Jurisdiction
In the event of a dispute, only the court of Créteil (94) will be competent. All orders placed by our customers imply their full and unreserved acceptance of these general terms and conditions of sale.