General Conditions of Sale of products online between professionals

Preamble

These general conditions of sale apply to all sales concluded on the FURNISH 1 website.
The FURNISH 1 website is a service of:
FURNISH 1 company
located at 46 RUE DES VIEILLES VIGNES 77183 FRANCE
website address: www.furnish1.com
email address: contact@furnish1.fr
telephone: 01 64 21 53 28
The FURNISH 1 website sells the following products: FURNITURE.
The customer declares to have read and accepted the general conditions of sale prior to placing his order. Validation of the order therefore constitutes acceptance of the general conditions of sale.

Article 1 - Principles

These general conditions express the entirety of the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the buyer is deemed to accept them without reservation.
These general terms and conditions of sale prevail over any other document, and in particular over any general terms and conditions of purchase. They apply, without restriction or reservation, to all services provided by the seller to professional buyers.
The seller and the buyer agree that these general terms and conditions govern their relationship exclusively. The seller reserves the right to modify these general terms and conditions from time to time. They will be applicable as soon as they are posted online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector for which companies are headquartered in France.
These general conditions of sale are communicated to any buyer who requests them, in order to enable them to place an order.
These general conditions of sale are applicable until .

Article 2 - Content

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and products offered by the seller to the buyer.
These terms and conditions apply only to purchases made on this website and delivered exclusively to mainland France and Corsica. For any delivery to the French overseas departments and territories or outside France, please notify us to obtain a specific quote.

Article 3 - The order

The buyer places his order online, from the online catalog and using the form on the site.
To confirm the order, the buyer must accept these terms and conditions by clicking on the appropriate button on the website. Acceptance will result in the seller sending a confirmation email in accordance with the terms and conditions described below.
The buyer must choose the delivery address and method. Payment is made by direct debit.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be subject to a possible exchange and the guarantees mentioned below.
In certain cases, including non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
If an ordered product is unavailable, the buyer will be informed by email.
The cancellation of the order for this product and its possible refund will then be made, the rest of the order remaining firm and definitive.
For any questions regarding the tracking of an order, the buyer can:
- call the following number: (cost of a local call), on the following days and times: ,
- send an email to the following address: contact@furnish1.fr

Article 4 - Electronic signature

The online provision of the buyer's bank details and the final validation of the order will constitute proof of the buyer's agreement. This will allow the seller to obtain payment of the amounts due under the order form and will constitute signature and express acceptance of all operations carried out. In the event of fraudulent use of bank details, the buyer is invited, as soon as this use is discovered, to contact the seller by calling the following number: , or by sending an email to the following address: contact@furnish1.fr.

Article 5 - Confirmation of the order

Contractual information will be confirmed by email at the latest at the time of delivery or, failing that, to the address indicated by the buyer on the order form.

Article 6 - Proof of the transaction

The computerized records, stored in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

Article 7 - Product Information

The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered while stocks last.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.
Product photographs are not contractual.

Article 8 - Price

Calculation
The seller reserves the right to modify its prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to availability on that date. Prices are indicated in euros. They do not include delivery costs, invoiced in addition, and indicated before validation of the order. Prices include the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
Payment of the full price must be made at the time of ordering. At no time can the amounts paid be considered as a deposit or down payment.
If one or more taxes or contributions, particularly environmental ones, were to be created or modified, either upwards or downwards, this change could be reflected in the selling price of the products.
Deposit
Any order may give rise to the payment of a deposit, the terms of which will be set at the time of sale. Except in cases of force majeure, any cancellation of the order by the buyer from 30 DAYS will not give rise to the reimbursement of this deposit provided.
Price reduction
The buyer may benefit from special discounts and rebates where applicable, according to the specific conditions specified when ordering.

Article 9 - Method of payment

Regulations
This is an order with payment obligation, which means that placing the order implies payment by the buyer. Payment for the order is made solely by debit from the buyer's bank account. The buyer must enter their bank details in the space provided and confirm this entry by adding their bank details as an attachment to the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of payment authorization by officially accredited organizations or in the event 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 fully or partially paid a previous order or with whom a payment dispute is currently being administered. The seller has implemented an order verification procedure intended to ensure that no person uses another person's bank details without their knowledge. As part of this verification, the buyer may be asked to fax the seller a copy of an identity document and proof of address. The order will then only be validated after receipt and verification by the seller of the documents sent.
The price is payable in full and in a single payment upon receipt of the order. The payment date will be mentioned on the invoice sent to the buyer.
Late payment
Any delay in payment will result in the immediate payment of all sums owed to the seller by the buyer, without prejudice to any other action that the seller would be entitled to take, in this respect, against the buyer.

Article 10 - Availability of products

Except in cases of force majeure or during closing periods clearly announced on the website's homepage, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date the order is registered, indicated in the order confirmation email.
For all deliveries in France (mainland France and Corsica), the delivery time is from the day following the day on which the buyer placed their order.
For any delivery to the French overseas departments and territories or outside France, please notify us to obtain a specific quote.
In the event of delay, the seller shall not be held liable for any reason whatsoever. Consequently, no claim for compensation of any kind may be made by the buyer.
In the event of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the option to cancel the order. The buyer will then have the choice of requesting either a refund of the sums paid within 30 days of their payment at the latest, or an exchange of the product.

Article 11 - Delivery terms

Delivery is only made after confirmation of payment by the seller's banking institution.
It is provided within the time period specified in Article 10, from receipt by the seller of the purchase order.
Any delay exceeding 60 DAYS may result in the cancellation of the sale. Any deposits paid or payment made at the time of ordering will then be returned to the buyer. Any payment made at the time of ordering will then be returned to the buyer.
In the event of non-compliance with the payment conditions set out above, the seller may suspend or cancel the sale.
The products are delivered to the address indicated by the buyer on the order form; the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may, at his request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a calling card in the mailbox, which will allow the package to be collected from the location and during the time indicated.
If the original packaging is damaged, torn, or open upon delivery, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, product missing from the delivery slip, damaged package, broken products, etc.).
This verification is considered to have been carried out as soon as the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered letter no later than two working days following receipt of the item(s) and send a copy of this letter by fax or regular mail to the seller at the address indicated in the legal notices on the site.
If the products need to be returned to the seller, a return request must be made to the seller within 14 working days of delivery. Any claim made outside this period will not be accepted. Product returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

Article 12 - Delivery errors

The buyer must notify the seller on the day of delivery or at the latest on the first working day following delivery of any claim for delivery errors and/or non-conformity of the products in nature or quality compared to the information appearing on the order form. Any claim made after this deadline will be rejected.
The claim may be made, at the buyer's choice:
- by contacting the seller at the following telephone number: 01 64 21 53 28;
- using the following email address: contact@furnish1.fr.
Any claim not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability towards the buyer.
Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and communicate it by email to the buyer. The exchange of a product can only take place after the exchange number has been assigned.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by Colissimo Recommandé, to the following address: D2076 Avenue Raoul Aladenize, 18500 Mehun Sur Yevre.
Return costs are the responsibility of the seller.

Article 13 - Product warranty

The seller guarantees the buyer against any lack of conformity of the services and any hidden defect, arising from a design or supply fault of said services, excluding any negligence or fault of the buyer.
In any event, in the event that the seller's liability is retained, the seller's guarantee would be limited to the amount excluding tax paid by the buyer for the purchase of the goods.

Article 14 - Right of withdrawal

The buyer being a professional purchasing within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided for by the consumer code.

Article 15 - Force majeure

Any circumstances beyond the control of the parties, preventing the performance under normal conditions of their obligations, are considered as grounds for exemption from the parties' obligations and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Any irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as cases of force majeure or fortuitous events, in addition to those usually recognized by the case law of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure event lasts for more than three months, these general conditions may be terminated by the injured party.

Article 16 - Partial non-validation

If one or more clauses of these general conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other clauses will retain their full force and scope.

Article 17 - Non-waiver

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 cannot be interpreted for the future as a waiver of the obligation in question.

Article 18 - Applicable law

These general conditions are subject to the application of French law.
The parties undertake to seek an amicable solution to any dispute which may arise from the interpretation or execution of the Contract.
If they fail to do so, the parties will submit the dispute to the Commercial Court.

Article 19- Collection of personal data

Data collected:
The personal data collected on this site are as follows:
Opening an account: when creating the user's account, their surname, first name, email address; telephone number; postal address;
Connection: when the user connects to the website, the latter records, in particular, their surname, first name, connection data, usage data, location data and payment data.
Profile: using the services provided on the website allows you to complete a profile, which may include an address and a telephone number.
Payment: As part of the payment for products and services offered on the website, the website records financial data relating to the user's bank account or credit card.
Communication: When the website is used to communicate with other members, data concerning the user's communications are temporarily stored.
Cookies: Cookies are used as part of the use of the site. The user has the option to disable cookies from their browser settings.

Use of personal data
The personal data collected from users is intended to provide the website's services, improve them, and maintain a secure environment. More specifically, the uses are as follows:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organization of the conditions of use of Payment Services;
- verification, identification and authentication of data transmitted by the user;
- offering the user the possibility of communicating with other users of the website;
- implementation of user support;
- personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
- prevention and detection of fraud, malware (malicious software) and management of security incidents;
- management of any disputes with users;
- sending commercial and advertising information, based on user preferences. Sharing personal data with third parties
Personal data may 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 in contact with third-party banking and financial companies with which it has entered into contracts;
- when the user publishes, in the free comment areas of the website, information accessible to the public;
- when the user authorizes a third party website to access his data;
- when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
- if required by law, the website may carry out the transmission of data to respond to claims made against the website and to comply with administrative and judicial procedures;
- if the website is involved in a merger, acquisition, sale of assets or bankruptcy proceedings, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party. Security and confidentiality
The Website implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Website cannot guarantee the security of the transmission or storage of information over the Internet.
Implementation of user rights
In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise at the following address contact@furnish1.fr:
- they can update or delete data concerning them by logging into their account and configuring the settings of this account;
- they can delete their account by writing to the following email address contact@furnish1.fr. Please note that information shared with other users, such as forum posts, may remain publicly visible on the website, even after their account has been deleted;
- they can exercise their right of access, to know the personal data concerning them, by writing to the following email address: contact@furnish1.fr. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy;
- if the personal data held by the website is inaccurate, they can request that the information be updated by writing to the following email address: contact@furnish1.fr;
- users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following email address: contact@furnish1.fr. Evolution of this clause
The website reserves the right to make any changes to this personal data protection clause at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the option to delete their account.