Terms and Conditions
ARTICLE 1. SUBJECT
The present selling terms aim to define the contractual relationship between the corporation FLEUX, LLC registered to the Paris Register of commerce and societies under the license number B481283901, the buyer and the applicable terms to any purchase via the FLEUX e-store, http://www.fleux.com/, anyway that the customer either be a professional or a simple consumer. The acquisition of a good or a service via the present website implies the full acceptation of the present terms by the customer.
FLEUX reserves the right to change the selling terms at any moment. In this case the applicable terms are those in effect on the day of the customer’s order.
ARTICLE 2. TERMINOLOGY
The services offered by http://www.fleux.com/ on its website, the sale of products which will be nominated “products”, every people whom wish to profit of the products and who accepted the standard form contract as forecasted in the article 4 will be, afterward, nominated a “ customer” , every company which request http://www.fleux.com/ to sell one of its product via the website will be nominated “supplier”, every order made by a customer, following the present condition will be nominated “the order”.
ARTICLE 3. SPECIFICITY OF GOODS AND SERVICES OFFERED
The products and services offered are those published in the catalog on the website http://www.fleux.com/. The descriptions of the products displayed by http://www.fleux.com/ on its website are limited by the information given by the suppliers to http://www.fleux.com/. However, the information mentioned on any product-sheet are given indicatively and if any errors occur FLEUX cannot be hold as responsible. The pictures are not contractual. The Fleux Company commits to do the best to rectify as quickly as possible the mistakes or the omissions after being informed.
ARTICLE 4. LENGTH OF VALIDITY OF THE SALES OFFERS
In case of an order with several products, which one or many needing a delivery deferment indicated on the product sheet, the total order will be shipped once all products will be ready.
In case of an order of unavailable product, the customer will be informed of this unavailability, as fast as possible, by phone or e-mail, of a partial delivery or an order annulation. A product substitution will be offered, mainly by phone; if the customer is not reachable an e-mail will be sent.
The customer will dispose of 48 worked hours (except weekends and holidays) to claim the annulation or the special shipping (partial delivery or with a substitution product) of his order by contacting our customer service at firstname.lastname@example.org. After the 48 worked hours and if no claim has been made by the customer, the partial order will leave our warehouse. If the payment has already been made before the information of unavailability, a refund procedure begins: the customer will receive an e-mail about it. After this procedure the customer’s bank account will be credited within 14 days according to the current law.
ARTICLE 5. PRODUCTS PRICES
The “catalog” rubric of our website indicates the price, including taxes, without the shipping fees. The amount of the ATV and the shipping fees appears on screen at the end of the selection of the products by the customer.
The prices appearing in the catalog includes all the taxes, are in euros and reckon with the VAT rate on the order day; any rate change could be reverberated on the price of the products or services. FLEUX reserves the right to modify its prices at any moment, however implying that the price showed on the catalog the day of the order is the only one applicable to the customer, under condition that the price would be serious. The prices indicated do not include the fees of order process, shipping and delivery if they happened in the geographical zone set out below.
ARTICLE 6. ORDER
Customers have two orders options:
•Order online: http://www.fleux.com/
•By phone, from Monday to Friday 11AM to 6PM: +33(1) 42 77 73 85 for Fleux 1, +33(1) 42 77 73 85 for Fleux 2 and +33 (1) 53 00 93 30 from 9:30AM to 5:30PM
The customers ensure that they have the full rights on the credit card and that the card gives access to enough money funds to cover all the costs engaged by the use of the products. Only the customers legally allowed subscribing contracts about goods and services displayed by the website can order on the website http://www.fleux.com/.
By clicking on the “Fiinish my order” button while the order process, the customer declare to accept fully and wholehearted the totality of this Standard Form Contract. The data saved by http://www.fleux.com/ constitute the proof of all transactions between http://www.fleux.com/ and its customers. http://www.fleux.com/ will confirm you systematically your order, then its expedition via e-mail.
The contractual information is presented in English and will need a confirmation resuming this contractual information at last at the moment of the delivery. The prices of our products are including all taxes and do not include the order processing and shipping fees. http://www.fleux.com/ reserves the right to refuse any order from a customer with who litigation exists.
ARTICLE 7. PAYING TERMS AND CONDITIONS
The payment of the acquisitions is done by credit card. The credit cards accepted are: CB, Visa and MasterCard. The customer’s bank account will be debited after a time of two days following the order day. The order will be effective after the secured bank centers gave their agreement; in case of payment refusal the order will be automatically cancelled.
Only the BNP bank possesses the confidential information (credit card number, expiration date) and cannot be accessed by a third-person.
According to the law of January the 6th 1978 protecting informatics and liberties, you have the right to access, modify and delete the totality of your personal data, by writing and justifying your identity to : FIA-NET - Service Informatique et Libertés - Traitement n°1186887 - 39, rue Saint-Lazare, 75009 PARIS FRANCE
ARTICLE 8. DELIVERY
The products will be shipped to the delivery address indicated by the customer during the ordering process, only in the geographical zone agreed. The contributions to the ordering process and to the shipping fees include all taxes. When shipping a complete order, http:// www.fleux.com/ provide an original bill describing the shipping fees and the VAT.
http://www.fleux.com ships the packages everywhere in metropolitan France and to all the countries of the European Union.
All risks are on the customer’s responsibility once the products left the FLEUX warehouse.
Fleux’ offers two delivery services in metropolitan France: default shipping with Colissimo 48h and Express shipping in 24h with Chronopost.
You can also choose to get your package delivered to a relay joint with the “My Storekeeper” option of Colissimo.
3 levels of shipping fees are available depending on your order composition:
Level 1: Order of small and light objects => Textile, papers, small decorations
DEFAULT 6€90: Colissimo EXPRESS 13€ Chronopost RELAY JOINT 4€90 Colissimo
Level 2: Order of one two or three small furnishings or many small sized articles (Chairs, stools, etc…)
DEFAULT: 6€90 Colissimo EXPRESS 16€90: Chronopost RELAY JOINT: 4€90
Level 3 Order bigger than 3 small furnishings.
DEFAULT 16€90: Colissimo EXPRESS 28€: Chronopost
In case of big furniture (Couch, bed, table…) a private conveyer will home deliver you, at your building’s doorstep.
Fleux offers you 2 delivery services: default shipping with Colissimo between 48 and 78 hours and express shipping in 24 or 48 hours with Chronopost
The shipping fees are based on the package’s weight, destination and the postal service chosen. The total amount is automatically signaled on your order bill.
Delivery in Corsica: only via Colissimo. The delivery price will be automatically signaled on your order bill.
The shipping time is stated for every product on the website. Except special mention, the products are shipped within 24 hours, when the order is made before 8AM.
The delivery time concur with the ordering process and the delivery, which are calculated depending on the date of reception of the order. The delivery time also depend on the destination of the order and does not include the holidays or the weekends. However in the case of a two weeks delay, the customer will have 60 days, starting on the expected day of delivery , to claim his denunciation right according to the law of January the 18th 1992. Once the denunciation right has been claimed, http://www.fleux.com makes a refund within 14 worked days.
In case of partial delivery, this right only concerns the undelivered product’s balance.
Every delivery is considered done once the conveyer has presented the products to the customer, embodied by its control system. It is up to the recipient to check the product at the delivery and to make all claims or complaints which could be justified, or to refuse the package if it is susceptible to has been open or if it looks deteriorated. The said claims or complaints must be addressed to the conveyer by registered mail with a reception notice within three workable days following the delivery date, and a copy must be sent to http://www.fleux.com/
In the case where the delivered products are not conform to the nature or the quantity specified on the delivery bill, the customer must under penalty of deprivation, send his complaint within the 8 days following the delivery.
IN CASE OF A TRACKED COLISSIMO SHIPPING
The customer can be informed of the departure by an e-mail recapitulating the products shipped and informing the tracking number (starting usually by 8V.) allowing clicking or logging in (www.coliposte.net) to know its development.
It takes 2 to 5 worked days to be delivered or receive a delivery notification in your mailbox. Once the delivery notification is received the customer has 15 days to get his package at the post office. Passed this date, the parcel will be sent back to http://www.fleux.com/. It will be to the customer to get in relation with http://www.fleux.com/ for an eventual reshipping or refund of the order (excluding shipping fees).
NON RECEPTION OF THE PACKAGE
If 5 worked days after the shipping or the parcel, the customer does not have any news of his order; he must get in relation with the closest post office from the delivery address of the package.
The Customer Service of http://www.fleux.com/ will open an investigation with the postal services. The customer will receive an e-mail saying that the investigation is open. The definitive answer from the post services can take from one to three weeks to be delivered, after the e-mail has been sent to the customer.
• If the parcel is found, it is sent to the customer: the reception process will follow its regular flow (parcel delivery or delivery notice, etc.).
• If the parcel is declared lost (the definitive answer is often formulated within 3 weeks), www.fleux.com prevent the customer and begin immediately the package refund (products ands shipping fees).
IN THE CASE OF A SHIPPING BY A CONVEYER
In case of a cumbersome parcel, the package is packed and delivered on a wooden pallet, at the doorstep or the entrance of the building.
In a case where the recipient is absent, a delivery note is left in the mailbox: the details of the conveyer are communicated to the customer who has to get another rendezvous by calling them on the phone number on the delivery note.
If the conveyer could not leave a delivery note (unknown address, un-communicated door code.), he get in touch with http://www.fleux.com/ to get the missing element from the customer. If the customer does not answer, the parcel comes back to htt://fleux.com/ and a refund is done.
FLEUX offers to its customer to withdraw the orders in the store, 39 rue Sainte-Croix de la bretonnerie, 75004 Paris, France. The customers have a month to withdraw their packages after receiving the note sent by e-mail “ready to be withdrawn in store”.
ARTICLE 9. CUSTOMER SERVICE/SERVICE DEPARTMENT
•For any information, question or complaint, the customer can get in relation with the Customer Service from Monday to Friday 9:15AM-5:30PM
•Address: 39 rue sainte croix de la bretonnerie 75004 Paris France
•Phone: +33 (0)1 53 00 93 30
ARTICLE 10 CANCELLATION RIGHTS
All the products are sold under the clause “satisfied or refunded “within 14 days after the delivery date according to the Consummation Code, article L 121-21.
To make the refund policy easier, every return must be authorized beforehand by http://www.fleux.com/ with the attribution of a return number and a return note to put in the parcel with the returning products. You must inform http://www.fleux.com/ to the following address: email@example.com or via the withdrawal form.
The returning address is the following, except explicit specification:
•39 rue Sainte Croix de la Bretonnerie
•75004 Paris France
The customer use his withdrawal right according to the L121-21 article of the Consummation Code, within 14 days after reception of the goods. This right is exercised by the return of products to http://www.fleux.com/. The refund to the customer will be done by transfer within 14 days after reception of the goods by http://fleux.com, as a following to the use of the withdrawal right.
The withdrawal right can be used after the order and before the logistical process of the package. In this case the order is simply cancelled and we inform our bank.
No return for cash on delivery will be accepted for any reason.
This withdrawal right cannot be used if the delivered products have obviously been durably used (more than a few minutes).
The goods must imperatively be returned correctly packed , in their original packages , in a perfect selling state (un-damaged, un-broken, un-soiled by the customer) and with all its eventual accessories, instruction sheets and documentations, at the address specified above and with the original copy of the selling bill whose the customer must keep a copy.
The packages whose the expedients could not be identified (order number, e-mail address, name, address) will not be accepted.
In the case of a cumbersome parcel, the product must be packed in the same way than at the delivery (on a wooden pallet if it has been delivered that way).
The fees and risks relied to the product’s return are expedient responsibility.
ARTICLE 11. LEGAL WARRANTY ON HIDDEN CONSTRUCTION DEFECTS
All the goods provided by the seller are under the legal warranty intended by the 1641 (and following) articles of the Civil Code. In case of hidden construction defects on a sold product, it could be returned to the seller whom will take it back, change it or refund it. All complaints, change or refund claims must be done by postal way to the following address: rue sainte croix de la bretonnerie 75004 Paris, France.
ARTICLE 12 RESPONSIBILITIES
The seller, in the online sale process, has only the obligation to send the goods; his responsibility could not be engaged for a damage resulting from the use of the internet such as: data loss, intrusion, malware, service break or any independent problems.
ARTICLE 13. INTELLECTUAL PROPERTY
Every element on the FLEUX website is and stays the exclusive intellectual property of FLEUX. No one is authorized to reproduce, exploit, broadcast or use in any way, even partially, any element of the website, be it software, sound or picture. Any simple link or hyperlink is strictly forbidden without a written explicit agreement of FLEUX.
ARTICLE 14. PERSONAL DATA
Information homed and processed as you browse the website http://www.fleux.com/ are the objects of a informatics process used by Fleux’, its subcontractors and partners, to optimize the services offered, process your requests, make your browsing and your registration easier and inform you about offers and updates from Fleux’, except if you specified it .
The recipients of the data are Fleux, its subcontractors and partners.
According to the law n°78-17 of January the 6th 1978 about informatics, files and liberties, this website has been declared to the NCIL (National Commission on Informatics and Liberties) under the license number: 1655260 v 0. According to this law, you have the right to access , modify and suppress your personal data.
In case of cession or use by a third person of the personal data, http://www.fleux.com/ commits beforehand to inform the user in order to allow him to use his opposition right. http://www.fleux.com/ can also provide consolidated statistics relative to its customers, sales and trading structures relative to the website information to trustable third-persons but these statistics will not include any personal data.
This article could not stop the cession or the transfer of activity to a third-person. Therefore, according to the law of protection of informatics and liberties of January the 6th 1978, the customer can claim his right to access to the file, as his right to modify or suppress his personal data, by addressing his demand (by indicating his e-mail address, name, surname, postal address), via http://www.fleux.com/, in the “Contact us” section or by the mail at : 39 rue sainte croix de la bretonnerie 75004 Paris France.
According to the protection law of “informatics and liberties” of January the 6th 1978 updated in 2004, you will have the right to access and modify your personal data by getting in relation with us with your demand and a photocopy of you ID by mail : Fleux’ Service Communication 39 rue sainte croix de la Bretonnerie 75004 Paris France.
You can also, on legitimate motivations, oppose yourself to the process of your personal data.
You can also access to your personal data and proceed eventually to modify your personal data directly via the website by logging in your account. At last you can also unsubscribe to the newsletters offered by http://www.fleux.com/ by clicking on the link at the bottom of the last newsletter you received.
Furthermore your bank information is never in our possession. Transactions are entirely processed by BNP Bank and PayPal.
ARTICLE 15. ARCHIVING
FLEUX will archive the order and payment bills on a durable and reliable device constituting an accurate copy according to the disposition of the 1348 article of the Civil Code. FLEUX’s computerized registers will be considered by the parts as proofs for communication, orders, payments and transactions between the parts.
ARTICLE 16-RESPONSIBILITIES-LITIGATIONS-APPLICABLE LAW
The copies of pictures or texts illustrating the displayed products are not contractual. Accordingly, the responsibility of http://www.fleux.com/ could not be engaged in case of mistake in one of these texts or pictures.
http://www.fleux.com/ could not be held for liable damages of any nature, be it material, immaterial or physical, resulting from a malfunction or misuse of the sold products. The same applies in case of eventual modifications from the suppliers.
The responsibility of http://www.fleux.com/ will be at all events , limited to the amount of the order and could not be questioned for simple mistakes or omissions which could subsists despites all the precautions taken in the products display.
http://www.fleux.com/ could not be held responsible toward a customer or a third person, for any indirect damages, any exploitation, and profit or turnover losses in any way, even if this damage, prejudice or loss was predictable by http://www.fleux.com/ , or if its possibility was brought to our attention.
Without restricting the previous paragraphs, the responsibility of http://www.fleux.com/ in the terms of this standard form contract cannot exceed an amount equal to the amount paid or payable at the transaction related to the said responsibility, whatever the cause or the form of the concerned action.
http://www.fleux.com could not be held responsible for the non-execution of the contract agreed in case of stock shortage or unavailability of the product, force majeure, perturbation, partial or total strike of postal services and transportation industry, and/or communication, flooding and wildfire.
In case of litigation, the customer should get in relation primary with http://www.fleux.com/ to reach an amicable settlement. If it is not possible, the Parisian court is the only institution qualified, regardless of the geographical zone of delivery or the payment modality accepted.
This standard form contract in English will be executed and interpreted according to the French laws. Any dispute arising from its validity, interpretation or execution will be submitted to the Parisian court, which is expressly and exclusively in charge.
http://www.fleux.com/ reserves the right to modify the standard form contract. Customers whom would not want the contractual relationship defined by the new version of the standard form contract, must notify it, and after the appliance of the new contract, they must stop using the services provided by http://www.fleux.com/. If hypothetically any term of this contract would be considerate as illegal or un-usable by a legal decision, the other would stay applicable.