FOREWORD
The site and all related rights are the property of Cornershop-design. The cornershop-design.com brand is a trademark registered with the Institut National de la Propriété Industrielle under the n° 10 3 717 625.
SUBJECT
The present general terms of sale govern the transactions between the company Cornershop-design, 1 bis rue Mornay 75004 Paris France, SIRET number 35166044400024, and the site’s users, whether individual or legal entities, interested in the products and services offered by the company.
The site’s users agree that their relations will be governed solely by the present terms.
Any duly validated order via the site implies total and unconditional acceptance of the present general terms of sale and, possibly, of the special terms or terms that are specific to one or more products, services or orders.
Should any of the terms prove to be lacking, it will be considered as governed by the common practices in the distance selling and e-commerce sector. The seller undertakes to comply with all provisions of the French consumer code relative to distance sales.
The present terms govern all steps needed for placing an order, from payment to delivery, and provide for a follow-up of the order between the contracting parties.
ORDER AND AVAILABILITY
An order cannot be recorded on the site unless the buyer has been properly identified by means of entering his/her identifier and password, both of which are strictly personal to the buyer. The registration procedure includes the input of personal information (surname, first name, address, telephone, e-mail address) that are necessary in order to process the order.
The buyer declares being at least 18 years old and having legal capacity, or parental permission that allows the buyer to place an order on the site.
Any order signifies acceptance of the prices and descriptions of the products available for sale. The buyer confirms having reviewed and accepted the present General terms of sale before placing the order. The order’s validation therefore implies acceptance of the General terms of sale.
After the order has been placed, the seller sends a confirmation e-mail to the user.
The seller undertakes to honour the orders received through the Internet site, but only within the limits of the availability of the items. The seller undertakes to inform the buyer in the event that an item is unavailable.
The seller reserves the right not to honour an order from a buyer with whom a dispute exists relative to a previous order.
PRICE
The prices of the items are displayed in euros, tax included, and for illustrative purposes, in pounds sterling and in dollars. The prices do not include the shipping fees that are variable according to the weight, dimensions, transportation method and destinations of the purchased items. The shipping charges are at the buyer’s expense, as are, for shipments to certain foreign countries, all customs expenses and other duties related to the importing of the items.
The seller reserves the right to modify its prices at any time, but the items will be invoiced on the basis of the price in effect at the time of the order.
PAYMENT PROVISIONS
All payments are made in Euros. The user can choose to pay for his/her purchases:
- By cheque when placing the order
Payment by bank cheque is only possible for cheques in euros drawn on a bank located in France or Monaco. The cheque must be made out to the seller, and sent to the following address together with a copy of the order summary:
Cornershop-design 1 bis rue Mornay 75004 Paris.
- Online when ordering, by bank card or PayPal
To provide its customers with secure transactions, Cornershop-design has selected the secure Paybox System payment platform that offers several payment means: Bank Card, Signature, MasterCard, American Express and PayPal. When the buyer is invited to pay for his/her order, Cornershop-design directs the buyer to the Paybox platform, which then opens an encrypted SSL page (https). After entering the card data and transiting via various fraud control and management filters, Paybox submits the authorisation request to the Bank Card Network or to the private issuer in question. The buyer is then returned to the site with the payment result (Accepted / Refused / Cancelled). In real-time, Cornershop-design is informed of the transaction’s outcome, via a computerized message sent to its Web server by Paybox. A payment ticket (slip) is also immediately sent to it.
DELIVERY
The delivery timeframes, variable according to the item’s destination country and the shipping method, are indicated in the order confirmation sent to the buyer.
The seller cannot be held liable for delivery delays attributable to the carrier, nor for errors with the delivery address due to incomplete or incorrect indications in the form filled out by the buyer, which cannot claim any compensation in this regard.
The postal charges, which include packaging and handling expenses, are indicated in the order summary and are payable by the buyer. A buyer whose delivery address is located in Mainland France can, if desired, personally collect the item at the seller’s head office. In this case, no postal charges will be owed by the buyer. The buyer will have to request an estimate in the event of large or particularly fragile items that require the intervention of a specialised carrier. The transaction will only be completed after acceptance of the estimate provided by the seller, and the buyer’s complete payment for the order, postal charges included.
The items will be delivered and handed over to the buyer or to any other person duly authorised by the latter. The items are shipped at the risks and perils of the recipient, who must verify, upon delivery, that the condition of the merchandise is compliant with the description provided on the site. Should the item be damaged, the recipient must declare reservations to the carrier and return the item within two business days of the delivery. Beyond this time, no complaint will be admissible. In case of high value items, and based on a proposal from the seller, insurance covering the risks of loss or damage can be obtained from the carrier. The cost of this optional insurance is payable by the buyer.
WITHDRAWAL AND RETURN RIGHT
In compliance with articles L.121-20 et seq of the French Consumer Code, the buyer has an interval of fourteen (14) business days in which to exercise his/her right of withdrawal by returning the ordered item(s) to the seller without having to give any reason nor pay penalties, except for return shipping, where applicable. This 14-day interval begins on the day when the items are received. The item must be shipped in the same condition in which it was received, and in its original packaging. Reimbursement will be made within a maximum of 30 days after the item is received by the buyer, by crediting the buyer’s account, by cheque sent to the address to which the item was invoiced, or by means of a credit note in the same amount that can be used on the site, at the buyer’s choice.
CONDITIONS FOR THE PUBLICATION OF ADVERTISEMENTS BY EXTERNAL SELLERS
The publication of an advertisement submitted by an individual or professional seller external to Cornershop-design implies the unconditional acceptance of the present general terms of sale. The seller acknowledges being the sole and exclusive author of the advertisement and the owner of the object put up for sale. The seller may be required to provide documentation as proof of the object’s origin and its authenticity. The advertisement is disseminated under the exclusive liability of the seller, who guarantees Cornershop-design against any recourse or sentence for damages as a result of a disputed advertisement or one that violates the rights of third parties.
SIGNATURE AND PROOF
Any site user who does not have a customer account will have to undergo a registration procedure in order to open a customer account. The identifier and password constitute confidential data that the customer must not disclose to third parties. In case of suspected unauthorised usage of the account, the customer must quickly point this out to the seller.
In all cases, the online provision of the bank card number and the order’s final validation will serve as proof of the integral nature of the said order, in compliance with the provisions of the law of 13 March 2000, and will result in the enforceability of the sums agreed to by entering the items shown in the purchase order.
This validation is equivalent to signature and formal acceptance of all operations carried out on the site. However, in case of fraudulent usage of his/her bank card, the customer is asked, upon learning of any such usage, to contact the seller’s customer service department.
LIABILITY
Should the Cornershop-design company be found liable relative to a user of the site, the possible financial consequences cannot be greater than the value of the disputed order.
The seller cannot be held liable in the event that the non-performance of its obligations can be attributed either to an unforeseeable and insurmountable action by a third party to the contract, or to a case of force majeure as defined by French case law. Similarly, the seller cannot be held liable in the event of any inconveniences or damages resulting from the usage of the Internet network, notably a service interruption, intrusion from the exterior or the presence of computer viruses.
PERSONAL DATA
The seller reserves the right to collect personal data on the buyer. The personal data communicated by the seller or collected via the site’s operations are intended to ensure the proper completion of the deliveries, to improve the service quality and to better meet customer expectations. The user agrees to the vendor’s usage of such data, notably in order to allow the latter to communicate information relative to services and promotional offers that could be of interest to the user.
If the user does not wish to receive such offers, s/he can submit this request at any time either directly within his/her account via the Internet, or by letter sent to the following address: Cornershop-design 1 bis rue Mornay 75004 Paris, while indicating his/her surname, first name, e-mail address and, if possible, customer reference.
In compliance with the provisions of the Information Technology and Freedoms law of 6 January 1978, the customer has the right to access and rectify the personal data pertaining to him/her, by simply writing to the seller’s customer service department.
The user is informed that this automated information processing, notably the management of e-mail addresses, has been declared to the CNIL.
The seller makes every effort to ensure the confidentiality and security of the data transmitted over the Web. To this end, the Internet site uses a secure payment method of the SSL type (Secure Socket Layer).
Cornershop-design can in no way be held liable for hypertext links leading to other Internet sites. The creation of links of this type to the present site by other sites is subject to a prior non-exclusive agreement that can be revoked at any time.
INTELLECTUAL PROPERTY
All elements of the site, whether visual or sound, including the underlying technology, are protected by copyright, trademarks or patents. Any total or partial reproduction of this site or of its components is prohibited and constitutes an infringement subject to sanction by intellectual property law.
INTEGRAL NATURE
Should any clause of the present contract become null and void as a result of a change of any legislation, regulation or as a result of a legal decision, this in no way affects the validity and compliance of the other clauses of the general terms of sale.
DURATION
The present terms apply for the entire period during which products and services are made available online by Cornershop-design.
PROOF
The computerized logs retained in the information systems of the company and of its partners, under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
RETENTION AND ARCHIVING OF TRANSACTIONS
The purchase orders and invoices are archived on a reliable and lasting medium such as to provide a true and lasting copy in compliance with article 1348 of the [French] Civil Code.
APPLICABLE LAW AND JURISDICTION
The present terms are subject to French law. In case of dispute, only the French courts have jurisdiction.