1. Purpose of the contract
Temarte S.A.S., a limited company (hereinafter referred to as the "Seller"), registered with the RCS, number 921 288 080 R.C.S. Paris, with its registered office at n°15, des Halles - 75001 Paris, France, offers the marketing of its Products and Services on the Site www.temarte.com.
INTRA-COMMUNITY VAT: FR87921288080
The purpose of the present General Terms and Conditions of Sale and Guarantees (hereinafter "GTC") is to define the terms and conditions under which the Seller offers to sell Products and Services to Buyers.
Consequently, any order placed by the Buyer implies his unreserved acceptance of and full and complete adherence to these GSC, which prevail over any other document, except for special conditions expressly agreed to in writing by the Seller.
The Buyer acknowledges having read the GTC prior to placing the order.
The Seller reserves the right to modify at any time the present GTC by publishing a new version on the Site. In case of modification of the GTC, the applicable GTC are those in force at the date of the order, a copy of which is given to the Buyer with the order confirmation letter.
The nullity of a clause of the present GTC does not entail the nullity of the entire GTC. The temporary or permanent non-application of one or more clauses of the GTC by the Seller does not imply a waiver of the other clauses of the GTC, which shall continue to have effect.
The photos on the Site have no contractual value.
The applicable GTC are those in force on the day of the order by the Customer. It is expressly agreed that sales are concluded for domestic and not commercial purposes.
In the event of orders for more than 10 identical products or services, Temarte S.A.S. reserves the right to refuse them and to cancel them.
2. Product sale price and order value
The prices of the products on the Site are net prices indicated in euros, including all taxes, but excluding delivery costs, which are payable by the Customer.
The prices of the products are those in force at the time of registration of the order by the Client. However, Temarte S.A.S. reserves the right to modify its sales prices at any time and without prior notice, before the order is taken.
Shipping costs are subject to VAT at the standard rate. Any change in this rate will be automatically reflected in the selling price of the products.
Please note - For deliveries outside the European Union, the Customer must also pay customs duties and other taxes due for the import of products into the territory of delivery.
2.2 Total amount of the order
The total amount of the order is the final price in euros, including all taxes, processing and delivery costs. It is stated in the order confirmation email and in the electronic invoice that can be downloaded directly via the customer account.
The Customer places his order in accordance with the specifications appearing on the Site. Any order validated by the Client will not be considered effective by Temarte S.A.S. until it has been accepted by the relevant payment service providers.
2.3. Ordering procedures and methods
The Purchaser may place an order for Products via the internet on the www.temarte.com website, or request a quote for customized Products by telephone or via the form on the website.
Any order for a Product offered on the Site implies consultation and express acceptance of these General Terms and Conditions of Sale, without this acceptance being conditional on a handwritten signature by the Buyer.
The placing of an order on the Site is subject to strict compliance with the procedure described below. It is made concrete online by a succession of different screens on which are indicated the different phases that the Buyer must follow to validate his order with the Seller.
2.3.1. Choice of product
In order to place an order on the Site, the Buyer must choose a Product by browsing the Site. Once this choice has been made, he/she will click on the "Add to cart" button.
If the Buyer wishes to proceed directly to the online purchase of his/her Product, he/she must click the "order" box and then identify him/herself either as a Customer if he/she already has an existing personal account or by creating a personal account to become a Customer by filling in the mandatory fields provided for this purpose.
Online payment will only be possible with payment by credit card or via the relevant payment providers.
The Customer must then check the contents of his/her basket (or, if necessary, continue his/her selection if he/she wishes to add Products).
Once the basket is complete and suitable, he will choose his delivery method, add his email address to which he wishes to receive his order confirmation and can click on the "Go to payment" button.
If the Buyer already has an account, he/she will have to identify himself/herself in order to finalize his/her order.
The Buyer can identify himself to access his personal account, either by entering his email address and password in the fields provided for this purpose and clicking on the "Identify me" button.
If the customer does not have an account, he/she will not have to identify himself/herself and will go directly to the next step "Contact details and payment".
The Buyer will then check/rewrite (and complete or correct if necessary) the billing address and the delivery address of the Product(s).
In order to confirm the order and proceed with payment, the customer must tick the box "I have read and expressly accept the General Terms and Conditions of Sale" and then click on the "Confirm and Pay for my order" buttons.
When paying online, the Buyer will be redirected to a secure payment page and will receive an order confirmation email once the payment is made. It is at the time of payment that the order becomes final and the contract is deemed to be formed. The online payment will only be effective and the order definitive when the debit is confirmed by the payment providers concerned by return email.
The contractual information will be reproduced in the order confirmation email.
2.3.5 Creation of an account
If the Buyer does not have an account, he/she may create one by filling in the mandatory fields requested on the Website.
If the Buyer does not wish to create an account, his/her details will nevertheless be kept as for any Buyer and for the same purposes and may be found if he/she connects again to the Website to place an order.
3. By telephone
The Products can be quoted by telephone, on (+33)06 52 05 59 94 (not surcharged) from Monday to Friday from 9am to 5pm. Contractual information will be confirmed by email.
In any case, the professional Seller reserves the right to refuse any order for legitimate reasons and, more particularly, in case of suspicion of fraud or if the quantities of Products ordered are abnormally high for non-professional Buyers.
3.1. Procedure and terms for ordering a customized Product and/or Service.
The Products must be the subject of a request for a quote:
- either by telephone, on (+33)06 52 05 59 94 (non-surcharged number) from Monday to Friday from 9am to 5pm. Contractual information will be confirmed by email.
- or by the quote request form available on the Site by clicking on the "We sculpt your projects! The User will then have the possibility to detail his request and to send it directly.
During this call, the Buyer will be able to request all the information he/she wishes and/or place an order for this custom-made Product and/or Service.
If the Buyer decides to place an order, the Professional Seller will then send the Buyer the Temarte S.A.S. bank account number so that the Buyer can pay for the order by bank transfer.
Once Temarte S.A.S. has received the transfer, the Buyer will receive an email confirming the order.
In addition, Temarte S.A.S. may cancel any order in the event of non-conformity of the supporting documents or failure to transmit these documents. In this case, the cancellation of the order shall not entitle the Client to any damages.
4 - Secure payment
The Vendor uses all means to ensure the confidentiality and security of data transmitted by Customers on the Site.
Your bank details are thus protected, since only the payment agreement emails issued by the banks are kept.
4.1. Methods of payment
Payment is made using the secure payment system by credit card (Visa, Carte Bleue, Mastercard), by PayPal and by bank transfer.
1. Credit or debit cards: Visa, Carte Bleue, Mastercard.
The products and services presented on the site are payable in full when ordering.
Depending on the type of card, the customer will have to enter his card number, the expiry date and the security code (composed of 3 digits on the back of his credit card) and validate these data. The customer undertakes to use the bank card of which he/she is the holder. In the event of fraudulent use, Temarte S.A.S. shall not be held liable. All bank card holders are subject to a validation and authorisation check by the issuing organization. If the organization refuses to authorize payment, the order will not be accepted. In this case, Temarte S.A.S. shall not be liable for any delay or refusal to complete the order.
Temarte S.A.S. shall not be held responsible for any charges levied by the issuing body for payment of the order by credit card.
To be registered, the order must be paid in full. Any order that has not been paid for will not be honored.
The customer undertakes to guarantee Temarte S.A.S. that he/she has all the necessary authorisations to use the method of payment of his/her choice, when the order is registered. Temarte S.A.S. shall not be held responsible for any misuse or fraudulent use of a means of payment that has not been detected by the verification procedure.
The Customer's bank account shall be debited after one (1) working day following the date of confirmation of the Order. Payment shall be deemed effective once the bank payment centers have confirmed their agreement.
Payment of the Order by the Customer is irrevocable, without prejudice to the Customer's right of withdrawal.
The PayPal payment method is accepted (after opening a PayPal account). If the Customer wishes to cancel the direct debit authorisation with PayPal, he/she must log in to his/her PayPal account. Under the heading "My Sales", the Customer must click on "Update My Automatic Payments" and then on "Cancel" in order to end the direct debit agreement. For any additional request, the Customer can contact PayPal customer service.
3. Bank transfer:
In case of payment by bank transfer, please make the transfer to the following account
Beneficiary: TEMARTE S.A.S.
Bank: Banque QONTO - Address: 18 Rue de Navarin, 75009 Paris
IBAN: FR76 1695 8000 0111 3152 0423 334
In case of payment by bank transfer, the order will only be processed after receipt of the due payment.
Note on payment by bank transfer: in accordance with European SEPA standards, transfers between countries in the European Economic Area are free of charge.
The delivery period starts as soon as we receive your payment. In the case of payment by bank transfer, the delivery period starts from the day of receipt of the payment due. If the delivery deadline is exceeded and not justified by a case of force majeure, you may, in accordance with Article L 138-2 of the French Consumer Code, cancel the contract by registered letter with acknowledgement of receipt or by a written document on another durable medium, if, after having asked us, in the same way, to carry out the delivery within a reasonable additional period, we have not done so within this period. In addition, you may obtain a refund of the sums already paid.
4.2 Default of payment
Temarte S.A.S. reserves the right to suspend or refuse any order confirmation or delivery in the following limited cases
- in the event of an existing dispute with the customer, whether it be the total or partial non-payment of a previous order by the customer.
- non-validation or non-acceptance by banking payment centers.
- incomplete or incorrect orders;
- communication of obviously erroneous data;
- non-receipt of payment according to the agreed terms;
- if applicable, refusal of authorisation by the Customer's financial institution;
- where applicable, failure to confirm payment by web banking by the organization responsible for the technical execution of the payment.
Temarte S.A.S. will honor orders placed within the limits of its available stocks and those of its suppliers.
In the event of the proven non-availability of an ordered product, Temarte S.A.S. will seek to find a substitute product with the same technical characteristics and similar quality and price and will offer it to the Client.
In the event of the unavailability of the product ordered, in particular due to suppliers and/or manufacturers, the Customer will be informed by email as soon as possible and will have the option
- either cancel the order. The Customer will then be reimbursed for the sums collected (within 30 days at the latest following the date of cancellation of the order).
- or if the Product is likely to become available quickly, to wait for the new delivery time that would be stipulated.
This refund will be made using the same payment method used to pay for the order (credit to the bank account linked to the card used, or refund to the PayPal account used).
Temarte S.A.S. shall not be held responsible for the definitive unavailability or possible postponement of the date of availability of the Products, nor shall it give rise to any right to damages for the Customer.
Temarte S.A.S. reserves the right to delete or modify any product or content of the www.temarte.com website at any time, as it sees fit.
All our deliveries, services and offers are governed exclusively by these General Terms and Conditions of Sale, unless expressly agreed otherwise in writing. We object to any general or special conditions that are contrary to or deviate from these conditions.
The delivery of the material is entrusted to carriers chosen by Temarte S.A.S. and specialized in the consignment, courier or single parcel service. In the event of a special shipping request, the costs incurred will be invoiced to the buyer.
It is the responsibility of the Customer to communicate the exact and precise address(es) of the delivery at the time of ordering, as well as any particular constraints, such as: delivery times, delivery on a floor or in a basement, size or weight limitations, etc. These constraints must be expressly accepted by the Customer. These constraints must be expressly accepted by Temarte S.A.S.
Unless expressly agreed otherwise in writing, the price is payable in full on the day the order is placed. Temarte S.A.S. shall not be obliged to deliver the products ordered by you if the price has not been paid in full beforehand. Unless otherwise stipulated, Temarte S.A.S. does not grant discounts.
6.1. Terms of delivery
The Products ordered are delivered to the recipient under the following conditions:
Delivery is made by courier or carrier throughout metropolitan France, and in most E.E.E. member countries (European Economic Area plus Iceland, Liechtenstein, Norway) and Switzerland. Temarte S.A.S. reserves the right to modify the type of shipment selected and the delivery company, ensuring that this does not cause any prejudice to the Customer.
For deliveries outside France and/or the European Union and in order to comply with customs legislation, Temarte S.A.S. reserves the right to modify, without prior notice, the quantities or packaging of certain products. Under no circumstances may it be held responsible for the consequences of product quotas set up in certain countries.
Temarte S.A.S. reserves the right to cancel or refuse any order for delivery to certain countries or regions within the European Union.
Temarte S.A.S. reserves the right to cancel or refuse any order for delivery to a shipping address that corresponds to public places such as cafés, bars, car parks, roads, public squares, stations, airports or similar.
6.2. Delivery times
Delivery times depend on the destination, weight and volume of the package.
The products ordered are sent to the Customer within the time limits announced on the Site, and in any event, at the latest within 30 working days from the day following receipt of the order.
We remind you that, except for public holidays, orders placed from Monday morning to Thursday evening are processed the next day, orders placed from Friday morning to Sunday evening are processed the following Monday.
The times indicated correspond to the processing times, from order taking to delivery. In the case of items that can be delivered on different dates due to their availability, the delivery time is based on the longest indicative time. Temarte S.A.S. reserves the right to split deliveries. In this case, the shipping costs will only be charged once.
We are not responsible for delays in delivery caused by you giving an incorrect or incomplete address.
6.3. Costs of delivery
Delivery costs are extra. The delivery rates depend on the destination, weight and volume of the package. They include a contribution to the cost of preparing the parcel and the cost of transport itself.
These amounts are indicated when the order is placed.
The Customer is informed that he/she may have to pay several delivery charges for the same order, depending on the type of product ordered.
6.4. Tracking and receipt of the order
The Customer is informed of the dispatch of his/her order by an email containing a delivery tracking link.
The Customer undertakes to receive the products ordered at the delivery address indicated on the order confirmation email.
The Customer must date and sign the delivery note presented by the carrier. This dated and signed delivery note constitutes proof of transport and delivery.
If the Customer is absent, he/she has a period of time indicated by the carrier to collect the package.
Warning - In the event that the products are not collected within the time limit, they will be returned to the Seller who reserves the right to reimburse the amount of the order, excluding delivery costs which will be borne by the Customer.
7. Reservation of ownership
It is agreed that the goods delivered and invoiced to the Customer remain the property of Temarte S.A.S. until full payment of the price.
Failure to pay may result in the goods being reclaimed.
The aforementioned retention of title clause does not prevent the risks of loss or deterioration of the goods as well as any damage they may cause from being borne by you as soon as they are made available (for consumers) or as soon as they are sent (for professionals).
6 - Provision and delivery of products
Temarte S.A.S. Products are manufactured in limited quantities due to storage capacities.
Depending on the product concerned, Temarte S.A.S. may apply "just-in-time" stock management. Therefore, depending on the case, the availability of the products depends on the stock situation. Temarte S.A.S. undertakes to honor orders received provided that the products are available and that there is no default by one of its suppliers. The unavailability of a product is in principle indicated on the product page concerned. Customers may also be informed of the restocking of a product.
In any case, if the unavailability was not indicated at the time of the order, Temarte S.A.S. undertakes to inform the customer without delay if the product is unavailable and to indicate the estimated waiting time for receipt of this product.
Temarte S.A.S. may, at the request of the customer :
Either offer to dispatch all products at the same time as soon as the out-of-stock products are available again,
-Or proceed with a partial shipment of the available products initially, then with the shipment of the rest of the order when the other products are available, subject to clear information concerning the additional transport costs that may be incurred,
-Or offer an alternative product of equivalent quality and price, accepted by the customer. If the customer decides to cancel the order for unavailable products, he/she will be reimbursed for all sums paid for the unavailable products within thirty (30) days of payment at the latest.
6.4 Transfer of risks :
The transfer of ownership of the items purchased on www.temarte.com to the customer will only take place after full payment of all sums due, regardless of the date of delivery of the items to the customer.
In accordance with the law 80-335 of 12 May 1980 and the law 85-89 of 25 January 1985, the goods delivered will remain our property until full payment of the price even if they are no longer in the possession of the buyer.
The transfer of ownership and the execution of these general terms and conditions of sale apply only to the customer who placed the order.
During the period between delivery and transfer of ownership, the risk of loss, theft or destruction shall be borne by the buyer.
If the buyer fails to fulfill his payment obligations, the seller has the right to demand the immediate return of the goods delivered at the buyer's expense and risk.
7 - Complaints - Right of withdrawal
The Customer must make sure at the time of the provision of his order or at the time of the delivery of this one of well having the number of announced parcels and the good state of the products. If the product(s) delivered does (do) not conform in nature or quantity to the specifications indicated on the delivery note attached to the shipment or has (have) suffered damage during transport, the Customer must fill in the delivery note with legible reservations and also report the damage due to transport to Temarte S.A.S. by registered mail with acknowledgement of receipt or to the Site's Customer Service within 3 days.
In the case of a product that does not conform to the order, if the delivery was made :
- by Private Parcel: a pre-paid label will be sent to the Customer by email in order to return the product(s) at our expense, upon receipt of the complaint by Temarte S.A.S.
- by a carrier: the carrier will collect the goods from the Customer's home by appointment.
To this end, it is essential that the Customer keeps the items in the original packaging and in the condition in which they were delivered.
The Customer will be contacted promptly by Temarte S.A.S. and will be delivered again free of charge and by appointment for any available product.
7.2 Right of withdrawal
7.1. Withdrawal period
In accordance with Articles L.221-18 et seq. of the Consumer Code, the Customer has a period of fourteen (14) days to exercise his right of withdrawal, from receipt of the goods by the Customer or a third party, other than the carrier, designated by him.
In the case of an order for several goods delivered separately or in the case of an order for a good made up of multiple batches or parts whose delivery is staggered over a defined period of time, the period runs from receipt of the last good or batch or part.
7.2. Procedures for exercising the legal right of withdrawal
The Customer exercises his right of withdrawal without having to give reasons for his decision and without having to bear any costs other than the cost of returning the goods.
The Client shall inform Temarte S.A.S. of his decision to withdraw by sending him, before the expiry of the fourteen day period, the withdrawal form that can be downloaded online by clicking here or by any other unambiguous statement in which he expresses his wish to withdraw.
In the event that the Customer withdraws online, Temarte S.A.S. will send the Customer an acknowledgement of receipt of the withdrawal by email.
To exercise your right of withdrawal on all or part of the order, simply
1- Notify us of your request for withdrawal within 14 calendar days from the date on which you or a third party designated by you (other than the carrier) received the product(s) that were the subject of the order (or the last product delivered, if the order covers several products delivered separately).
You can notify us of your withdrawal by sending an email (or a letter) to the Customer Service Department specifying the following elements
The order number
The date of receipt of the order
The Product(s) subject to the withdrawal
Your name, first name and postal address
Your email address
Your cancellation message should be sent to the contact details specified in Article 2 of the General Conditions.
We will acknowledge receipt of your cancellation by email.
Cancellation form by mail
2- Then send us back the product(s) concerned in their original packaging in perfect condition within 14 calendar days from the date you notified us of your withdrawal to the following address
15, rue des Halles
- for goods delivered by private parcel service, return by post to the following address Temarte S.A.S. - N°15, rue des Halles, 75001 Paris, France. Important: direct deposits of goods by the Customer at this address are not accepted.
The cost of returning the said product(s) shall be borne by the Customer.
- For goods weighing more than 30 kg, delivered by carrier, after contacting the Customer Service, Temarte S.A.S. may organize the return, by appointment with the carrier designated by Temarte S.A.S.
In this case, Temarte S.A.S. will request a financial contribution of up to 1 euro per kilo transported. The weight of your products delivered is shown on the product sheet on the website. By requesting this method, the Client expressly accepts the deduction of this sum from the reimbursement for the withdrawal.
This must be done without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw. The Customer shall only bear the direct costs of returning the goods.
In the event that the right of withdrawal is exercised, the Seller reserves the right to cancel or take back all the advantages granted to the Customer on the occasion of the cancelled order and in particular any discount vouchers, purchase vouchers and more generally any price reduction to be used on products offered by the Seller on the Site.
The reimbursement is made by bank transfer and takes place upon receipt of the product(s) subject to the cancellation or of a proof of shipment of the said product(s) that you will have communicated to us by email or post to the address specified in Article 2 of the General Conditions.
Warning - The Customer is responsible for the depreciation in value of the said product(s) resulting from handling (other than that necessary to establish the nature, characteristics and proper functioning of the product(s))
If you have any questions about how to exercise your right of withdrawal, you can contact Customer Service at the following number: (+33)06 52 05 59 94.
7.3 Products to which the right of withdrawal does not apply
The right of withdrawal cannot be exercised in the following cases :
. Contracts for the supply of goods made to the consumer's specifications or clearly personalized (case of special and/or customized orders).
. Contracts for the supply of services which have been fully performed before the end of the withdrawal period and whose performance has begun after the consumer has given his prior express consent and expressly waived his right of withdrawal.
. Contracts for the supply of goods which, after delivery and by their nature, are inseparably mixed with other items.
7.4. Refunding the Customer
When the right of withdrawal is exercised, Temarte S.A.S. is obliged to reimburse the Customer for all sums paid, with the exception of any delivery costs, without unjustified delay and no later than fourteen (14) days from the date on which Temarte S.A.S. is informed of the Customer's decision to withdraw.
Temarte S.A.S. may defer reimbursement until the goods have been recovered or until the Customer has provided proof of shipment of the goods. The refund will be made by Temarte S.A.S. using the same means of payment that the Client used for the initial transaction.
7.5. Limits to the right to reimbursement
It is recalled that, in addition to the cases set out above, the Customer may be held liable by Temarte S.A.S. in the event of
- Deterioration of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods.
- any damage caused to the product from the moment the customer receives the goods until they are returned to the point of return at Temarte S.A.S.
- Incomplete return of the goods and their accessories without their packaging, instructions for use and documentation.
In such cases, the amount that may be withheld from the refund of the product or requested from the Client may amount to :
- 100% of the price of the good in the case of a damaged product,
- 50% of the price of the goods in the case of a used product,
- 50% of the price of the goods in the event of failure to return the accessories,
- 10% of the price of the goods if the instructions or documentation are not returned
8 - Commissioning, assembly and installation
The Customer shall carry out the assembly and/or commissioning of the products removed by him and the products delivered under his own responsibility.
In the event of a request for commissioning, assembly or installation, the subscription must be made at the same time as the order by selecting the corresponding services desired when choosing the delivery.
It is reminded that any installation can only be carried out in a room with equipment that meets the standards (electricity, plumbing, etc.).
9 - Guarantee and after-sales service
9.1. Definition of the warranty
Independently of the commercial guarantee, the Customer has the legal guarantee of conformity with Temarte S.A.S. valid for two years from the delivery of the goods, it being specified that the consumer benefits from a presumption of non-conformity during the guarantee period.
9.2 Conditions of acceptance:
The product is guaranteed if it is accompanied by its purchase invoice. The guarantee covers products in their original configuration and if their serial number remains legible.
For furniture, the warranty includes the replacement of parts. For other products, the warranty includes the replacement of parts and labor.
Defects on unpacking: if, on unpacking the furniture, a defect appears that prevents the product from being used in its expected configuration, the Customer must contact Temarte S.A.S. within 72 working hours. The product will be exchanged (excluding breakage during assembly and missing hardware).
9.3. Warranty exclusions
Warranty exclusions related to the origin of the damage :
The guarantee does not apply in the event of accidental material damage, and in particular does not cover deterioration and breakdowns resulting from :
- incorrect installation (incorrect assembly) or incorrect use or maintenance of the product, including
- improper use of the equipment or not following the instructions in the user manual ;
- use of power not in accordance with the manufacturer's instructions
- addition of non-original or incompatible peripherals, software or components;
- addition of parts that do not comply with those recommended by the manufacturer;
- opening and modification of the contents of the guaranteed product;
- lightning, flooding, fire, overvoltage, shock, poor ventilation, dropping, discoloration due to the action of light, burning, humidity, excessive heating without a humidifier, unevenness of the floor or presence of insects;
- repairs carried out and/or any intervention on the equipment and/or opening of it by a person not authorized by the manufacturer;
- maintenance, repair or replacement of parts due to normal wear and tear or lack of maintenance
- the responsibility of a third party or resulting from an intentional or malicious fault
- modification of the construction and original characteristics of the guaranteed product
- use for professional or commercial purposes;
- corrosion, oxidation, incorrect connection or external power supply problems. If, for example, a connection is made to a faulty socket, the guarantee will not apply.
Warranty exclusions related to the nature of the damage (consequential damage):
The warranty only covers the right to repair or replace the guaranteed product. Consequently, indirect damage resulting from the breakdown or deterioration is not covered by the guarantee and in particular
- The contents of the products. The contents of the products are not to be understood as the components but as the material that could for example be stored in a refrigerator, a freezer, or even computer data;
- The costs of commissioning, adjustment, cleaning;
- Damage of any kind resulting from the unavailability of the guaranteed product during the period between the deterioration and the breakdown and the repair or replacement of the guaranteed product.
- Other exclusions:
- Deterioration and breakdowns falling under the specific exclusions provided for in the manufacturer's guarantee for the guaranteed product, as mentioned in the product's user manual;
- Damage of an aesthetic nature;
- Adjustments accessible to the Customer without dismantling the guaranteed product and those that the buyer could easily have made himself by referring to the instructions;
- Guaranteed products that the Customer is unable to return or those that are returned without their accessories;
- Guaranteed products whose model or serial number is illegible or has been modified by the Customer;
- Seat covers and cushions including buttons, snaps, zips, seams, etc.
10 - Liability
Temarte S.A.S. does not accept any responsibility for the functional and/or technical aspects of its Site, and does not guarantee the total absence of viruses or other harmful elements on its Site and on the server(s) allowing access to it. If the use of the Site or its contents causes the user to suffer damage that requires the repair or replacement of equipment, materials or databases, Temarte S.A.S. shall not be liable for the costs of such operations.
Temarte S.A.S. shall not be liable for any indirect damage or costs, nor for any loss, in particular loss of data or information, nor for any damage or costs arising from the use or inability to use the product by the Client.
11 - Force majeure
Temarte S.A.S. shall not be held responsible for the non-performance of the contract concluded due to the occurrence of an event of force majeure.
All facts or circumstances that are irresistible, unforeseeable and independent of the will of the parties are considered fortuitous or force majeure events that exonerate responsibility.
12 - Personal data
As part of your commercial relationship with Temarte S.A.S., we may ask you for a certain amount of personal data. We indicate whether this data is compulsory or optional. They are only used to process your orders or requests (registration for our newsletter, participation in a game, request for information, user account management, activation of guarantees, product quality reminders and monitoring, etc.) and to personalize the communication and product offer on the site and in our newsletters.
If you did not object when you registered, we may contact you by post, telephone, e-mail or SMS to measure your satisfaction and to send you commercial offers tailored to your needs.
Your personal data may be kept to establish proof of a right, a contract or to comply with a legal obligation, and for a maximum period of three years from the end of the relationship. Your identity card data may be kept for a period of one year if you exercise your right of access or rectification. It may be archived for up to three years if you exercise your right to object.
CAUTION: such a manipulation may have the effect of preventing you in the future from using certain functionalities of our site but also other Internet sites with this computer.
In accordance with the law of 6 January 1978 relating to information technology, files and freedoms, you have the right to oppose, access, rectify and delete data concerning you, rights that you may exercise under the conditions provided for in the law of 6 January 1978 relating to information technology, files and freedoms, by e-mail to the following address: email@example.com or by letter sent to the Temarte S.A.S. Consumer Service: Temarte S.A.S. - Internet Customer Service - Rue des Halles n°15 - 75001 Paris - France. In all cases, your request must be signed and accompanied by a photocopy of your identity card.
13 - Applicable law - Disputes Mediation - Language
These general conditions of sale and the contractual relationship between Temarte S.A.S. and the user are subject to French law. In the event that these GTC are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
Any dispute will fall under the exclusive jurisdiction of the courts of the client's place of residence, in the absence of an amicable agreement between the client and Temarte S.A.S.
These GTC do not affect the legal rights of the client as a consumer. For further information on his rights, he should contact his local authority or a consumer advice organization.
Link to the European Commission's platform: http://ec.europa.eu/consumers/odr/
The application of the Vienna Convention on the International Sale of Goods is expressly excluded.
The application of the Vienna Convention on the international allocation of goods is expressly excluded.
Temarte S.A.S. shall archive the order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1348 of the Civil Code. The computerized records of Temarte S.A.S. shall be considered by the parties as proof of communications, orders, payments and transactions between the parties, unless proven otherwise.
If one or more stipulations of these general conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions of sale shall not be interpreted for the future as a waiver of the obligation in question.
14. Acceptance by the Buyer
The fact that the Buyer places an order on the Seller's website implies full acceptance of these General Terms and Conditions of Sale, which is expressly recognised by the Buyer, who waives, in particular, the right to rely on any contradictory document which would be unenforceable against the Seller.
15. Quality of information
Temarte S.A.S. takes the utmost care and uses every means to disseminate quality information on the www.temarte.com website, according to its technical knowledge.
Temarte S.A.S. endeavors to ensure to the best of its ability the accuracy and updating of the information published on this Site, the content of which it reserves the right to correct at any time and without notice.
It therefore informs the Visitor that it is up to him/her to verify the information by other means, including by contacting the company. Consequently, Temarte S.A.S. declines all responsibility : for any imprecision, inaccuracy or omission concerning the information available on the Site; for any damage resulting from fraudulent intrusion by a third party leading to a modification of the information made available on the Site; and more generally for any damage, direct or indirect, whatever the causes, origins, nature or consequences, caused as a result of access by any person to the Site or the impossibility of accessing it, as well as the use of the Site and/or credit given to any information coming directly or indirectly from the latter.
Temarte S.A.S. reserves the right to add and remove products and/or services from the Site at any time and without prior notice. Products are delivered within the limits of available stocks, indicated on the Site, at the time of the order.
16. Access to the website " www.temarte.com" :
Temarte S.A.S. shall not be held responsible for any direct or indirect damage resulting from access to its Website and those of its partners, or, on the contrary, from the impossibility of accessing it.
17. Links to third party sites
Hypertext links to the Site must be authorized in advance and expressly by Temarte S.A.S. and may only be established to the home page of the Site.
The Website may offer privileged access to partner websites, whether commercial or not, via hypertext links.
In both of the above cases, Temarte S.A.S. cannot be held responsible for the contents and compliance of these third party sites with the laws and regulations in force, nor for the contractual commitments made by the latter and for any damage suffered by the User while browsing these websites.
Temarte S.A.S. cannot be held responsible for any infringement of the rights of third parties: in this respect, it cannot be held responsible.
18. Security and confidentiality on the network
The messages you send us via the Internet may be intercepted on the network. Until they reach us, their confidentiality cannot be guaranteed. Please ensure that you do not disclose unnecessary, sensitive or third party personal or confidential information. In addition, the origin of the e-mail messages we receive may be falsified. Therefore, if you wish to communicate such information to us, you should always use the postal service. Complaints, statements or requests for advice sent via the Internet will not be taken into account.
Please make your requests exclusively by post. For further information on the procedures to be followed or on cases currently being investigated, please contact Temarte S.A.S. in writing to the contact person indicated above.
19. Respect for copyrights.
All texts, comments, titles, photographs, sounds, images, data, drawings, animated sequences with or without sound, videos and illustrations reproduced on this site, as well as the design, form and software, are the property of Temarte S.A.S. and are protected by the laws in force. The user is therefore prohibited from reproducing all or part of the Site (text, images, etc.).
The trademarks and/or logos of Temarte S.A.S. that appear on this site are registered trademarks and are protected by trademark law. Any use of the trademarks and/or logos of S.A.S. constitutes an infringement unless prior and express authorisation is given by Temarte S.A.S.
The use of any document from the www.temarte.com site is authorized solely for information purposes and for private use. Any use that could be made for other purposes is expressly prohibited. Furthermore, unless otherwise stated, the intellectual property rights on the documents contained in the Site and each of the elements created for this Site are the exclusive property of S.A.S. or its suppliers, who do not grant any licence or any right other than that of consulting the Site.
The reproduction of any documents published on the Site is only authorized for the exclusive purpose of information and for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited. All trademarks mentioned in this Site belong to their respective companies. All products, logos, and images mentioned in the pages of this Site are the property of their respective brand.
20. Company details
TEMARTE S.A.S. 15 rue des Halles - 75001 Paris France.
Registered in the Paris Trade Register (France).
Number 921 288 080 R.C.S. Paris
Intra-community VAT number FR 8792128808080.
Web : https://www.temarte.com
Monday to Friday from 9am to 5pm
Telephone: (+33) 06 52 05 59 94.
Email : firstname.lastname@example.org