ARTICLE 1 - SCOPE OF APPLICATION - GENERAL PROVISIONS
These sales terms and conditions (hereinafter the “Sales Terms”) apply to all sales contracts, to the exclusion of all other terms that are not otherwise expressly contemplated herein. These Sales Terms are applicable to all sales contracts:
- concerning one or more goods (hereinafter the “Product” or “Products” sold on the website www.galerie-rinck.fr (hereinafter the “Website”) by the company Rinck Décoration (hereinafter “Rinck”), SAS (Société par actions simplifiée, a simplified joint-stock company), with capital of €30,000, with registered offices at 21 avenue Daumesnil, 75012 Paris, France, and registered under the number 891 193 328 with Paris Registre du Commerce et des Sociétés (trade and company register).
- and concluded with any Internet user (hereinafter the “Client”) that has connected to the Website and wishes to make an online purchase for delivery anywhere in the world. These Sales Terms set forth the rights and obligations of Rinck and the Client, to the exclusion of any other document, in particular the Sales Terms and Conditions applicable to sales in stores or through other sales and distribution channels. These Sales Terms will have precedence over any other document.
The sales contract for one or more Products consists of:
- these Sales Terms and,
- the order confirmation received by the Client via email.
ARTICLE 2 - ENFORCEABILITY OF SALES TERMS
These Sales Terms can be reviewed on the Website in accordance with the provisions of Article 1125 of the French civil law, the Code Civil.
These Sales Terms are formally accepted on the Website through a positive double click by the Client confirming s/he has read and understood the Sales Terms when confirming her/his order. The act of placing an order on the Website therefore implies the Client’s full and unreserved acceptance of these Sales Terms.
In the absence of such acceptance, no order can be finalized and no Product can be purchased by the Client.
The Client acknowledges being fully informed of the fact that her/his agreement to the content of these Sales Terms does not require her/his handwritten signature on this document, but instead is confirmed solely by her/his act of placing an order.
The Client has the option of saving, such as by downloading or bookmarking, and reproducing these Sales Terms.
ARTICLE 3 - MODIFICATION OF THE SALES TERMS
Rinck reserves the right to modify these Sales Terms at any time. The version of the Sales Terms applicable to the sale will be the one in force and online when the Client places the order.
ARTICLE 4 – CAPACITY
The purchase of Products marketed by Rinck does not constitute one of the actes de gestion de la vie quotidienne (acts of managing everyday life) per the meaning of the provisions of Article 1145 of the French Code Civil. Consequently, the Client declares having the capacity to enter into a contract per the terms and conditions set forth below, meaning s/he is either an emancipated minor or is of legal adult age (in France, meaning 18 years of age) and therefore not protected per the meaning of Article 425 of the French Code Civil.
ARTICLE 5 – ORDER
5.1 PLACING THE ORDER
The Client places her/his order per the specifications displayed on the Website. The Client’s order will be considered by Rinck to be completed upon acceptance of the means of payment by the Website or, in the event of payment by wire transfer, the receipt of funds.
5.2 PERSONAL INFORMATION
When ordering, the Client agrees to provide the information requested of her/him and, by providing this information, attests to the accuracy and veracity of these details. Rinck cannot be held responsible for any input errors by the Client and any resulting delivery delays or errors.
To ensure the security of online transactions and to prevent fraud in payment method, Rinck reserves the right to verify the information entered when an order is placed. Consequently, Rinck may contact the Client, by telephone or by e-mail, to request one or more supporting documents.
This request will result in the order’s processing being suspended while such supporting documents are sent by email or post.
Should the Client not comply with or respond to the request to furnish the supporting documents, or should such documents not meet Rinck’s requirements, Rinck may cancel the order. The Client will receive no remuneration in the form of damages for such cancellation: The Client will only be refunded any sums already paid.
5.3 PAYMENT METHODS AND TERMS
All items are payable in full by the Client at the time of order.
- Payment can be made by secure debit or credit card (Visa, Carte Bleue, Mastercard, American Express).
- Rinck reserves the right to refuse accept foreign debit or credit cards.
The order is binding for the Client upon her/his confirmation of the order, subject to implementation of Article 8: “Right of Withdrawal.”
Approval of the order by the Client and payment for said order will lead to the Client’s receipt of a confirmation email sent by Rinck to the email address provided by the Client.
The data communicated by the Client and logged by Rinck during placement of the order constitutes proof of the transactions between the Client and Rinck.
Information relating to the order is subject to computerized data processing for which Rinck is responsible, in accordance with the provisions of Article 11 of these Sales Terms.
5.5 ESTIMATED DELIVERY DATE
In the confirmation email s/he receives, the Client will be informed of the approximate delivery time of her/his order. Once the Client’s order is logged and scheduled by our workshops (in the days following the Client’s placement of the order), the Client will then receive a new, more exact deadline. Please note that delivery deadlines may vary depending on order volume and the time of year.
5.6 ORDER CANCELLATION
The order is binding for the Client upon her/his online confirmation of her/his order, subject to the implementation of Article 8 “Right of Withdrawal.”
Any cancellation request must be made using the email address firstname.lastname@example.org.
Refunds for the order will be made in no more than fourteen (14) days.
5.7 MONITORING ORDER STATUS
Upon receipt of the order confirmation email sent by Rinck, the Client may monitor the status of her/his order and its delivery by clicking on “MY ACCOUNT” then “MY ORDERS” on the Website.
ARTICLE 6 – PRICES AND PRODUCTS
6.1 PRODUCT CUSTOMIZATION OR PERSONALIZATION
None of the items shown on the Website are kept in stock. Every Product is made especially for each Client after confirmation of her/his order. Should the Client order a Product or Products that are manufactured and/or finished per the Client’s specifications, the Client may not ask that such order be cancelled per Article L 221-28 of French Code de la consommation (consumer code) which rules out any recourse by the Client to the Right to Withdrawal.
6.2 PRODUCT INFORMATION
The Products available for online sale are those displayed on the Website. The Products are described by Rinck on the Website with the greatest possible accuracy through product description sheets and photographs. Rinck nevertheless hereby informs the Client that, despite the greatest care given this information, the photographs cannot be taken as exact representations of the Product being sold, especially with regard to colors and materials. There may be differences between the images and the actual Product due to the color quality of the photographs, the difficulty of displaying on a screen an exact rendering of the texture or color of the materials, or technological processing of the image, and this list of potential difficulties is not exhaustive. These differences cannot, under any circumstances, be interpreted as lack of conformity and/or lead to cancellation of the sale, and Rinck shall in no circumstances be held liable.
Any order constitutes the express and irrevocable acceptance of the description of the Product(s).
6.3 PRODUCT AVAILABILITY
As set forth in Article 6.1 above, all Products are manufactured after confirmation of the order, which involves an estimated delivery time of which the Client is informed on each product description sheet.
The Client hereby acknowledges and accepts that, in accordance with Article L 216-1 et seq. of the French Code de la consummation (consumer code), the Client has the option of terminating the contract by registered letter with acknowledgment of receipt or in writing on another durable medium, if after having enjoined, by the same terms and methods, Rinck to make the delivery or provide the service within a reasonable additional time, the latter has not yet performed this service or made the delivery within this time.
Rinck will refund the cost of the order within fourteen (14) days of the date on which the contract was denounced.
Rinck shall in no circumstances be held liable for the unavailability of the Product(s).
The prices shown on the Website are in euros, and are understood to include all taxes (indicated by “TTC” or “including tax”), including the VAT (Value-Added Tax) that is applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the Products.
Product prices shown on the Website do not take into account delivery and installation costs, which will be invoiced in addition to the Product(s) sales price (delivery and installation costs are shown on the Website and the Client is informed of these costs when ordering), not including any exceptions, which will be indicated on the Website where applicable.
The Products are invoiced at the price in effect on the Website at the time the order is placed by the Client. Rinck reserves the right to modify its prices at any time, without notice, while the price displayed when the Client places her/his order will not be subject to any modification.
ARTICLE 7 – DELIVERY
7.1 PRIOR TO DELIVERY OF THE ORDER
Prior to any order, the Client must ensure that each Product ordered can be delivered without difficulty and confirm that the dimensions of the packages and Products listed on the product sheet can be accommodated by the various areas/features of her/his home (elevators, stairways, corridors, landing doors, destination room, etc.). The Client must therefore take all measurements necessary to ensure the delivery can proceed smoothly.
By checking the box “I accept the Sales and Delivery Terms,” the Client declares that delivery of the items ordered is possible under normal conditions.
During delivery of the Product(s), any difficulty encountered for which the Client is solely responsible will result in the Client being held responsible for all costs related to a new or modified delivery of the Product(s) (redelivery, dismantling, delivery via window or balcony, etc.).
7.2 DELIVERY TERMS AND CONDITIONS
Product delivery is made by carrier to the address specified by the Client at the time of the order.
Product(s) can be delivered worldwide. Delivery and installation of the furniture will be to the address and to the room of the Client’s choice. Rinck’s carrier will contact the Client to arrange a delivery date. Should the Client be absent on the day of delivery, the Client must contact the carrier no later than one full day prior to the agreed-upon date to schedule a new delivery date.
When setting the delivery date and time with the Rinck carrier, the Client must expressly report any access difficulties that the carrier may encounter.
All additional costs related to the rental of lifts and/or delivery by crane or hoist will be borne by the Client and invoiced by the carrier in addition to the sales price and delivery costs specified on the Website.
The Client agrees to be on the delivery site on the delivery date agreed with the carrier and to inspect the delivery upon receipt to ensure it complies with her/his order.
Should the Client not be present at the address indicated on the day of delivery, or in the event of an error made by the Client in supplying the delivery address, the Client will be responsible for the costs of a new delivery.
The costs of a new delivery will be equal to the amount of the initial shipping costs, excluding any discounts, indicated when the order was placed on the Website.
Similarly, should delivery be impossible due to access difficulties not indicated by the Client prior to delivery, the costs of a new delivery will be borne by the Client.
Should it not be possible to establish a delivery date because of action or lack thereof on the part of the Client, fifteen (15) days after a dispatched electronic message has not met with a reply, the sale will be considered annulled and Rinck will then keep any amounts paid.
The Products are accompanied by a delivery slip. An invoice will be made available to the Client on the Website in the days following delivery.
7.3 DELIVERY AND INSTALLATION COSTS
The Client will be billed for delivery and installation costs, in addition to the Products sold, in a lump sum, depending on the delivery address provided by the Client. The Client is informed of these costs prior to her/his final confirmation of the order.
7.4 DELIVERY TIMES
Rinck informs the Client of the estimated delivery times on each product description sheet shown on the Website.
An estimated delivery date will be specified in the order confirmation email. This date will be specified with greater precision and confirmed in the days following the order, once Rinck has completed its review of technical requirements and other details.
In the event of a delivery problem, Rinck agrees to make every effort to keep the Client informed should the delivery be delayed.
Rinck cannot be held liable if the delivery delay is due to an instance of force majeure.
7.5 AT TIME OF DELIVERY
Prior to signing the delivery slip, the Client must:
- Inspect the visible condition of the package(s).
- Inspect the condition of the Products inside the package(s).
- Verify that the Products comply with the both the delivery slip and the merchandise actually ordered.
It is therefore the Client’s responsibility to carry out all the necessary inspections and verifications to confirm upon delivery that the Products comply with the order and its related documentation. Such inspection is deemed to have been performed once the Client has signed the delivery note.
In the event of anomalies observed upon delivery, the Client must express the necessary reservations in a detailed and legible manner that is as specific and exact as possible (breakage, damage, non-conformity, Product error, different color and/or dimensions; missing parts or items, etc.).
When delivery is made by carrier, the Client must express such reservations on the delivery slip. The Client also has the option of indicating any specific reservations concerning the delivered Products no later than three (3) days following the date of receipt or collection of the Products.
In the absence of specific reservations expressed by the Client, delivery will be presumed to comply with the order and related documentation, subject to the guarantees described in Article 9 below.
ARTICLE 8 – RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L 221-18 of the French Code de la consummation, for Products not manufactured to order or otherwise customized, the Client has a withdrawal period of fourteen (14) clear days from the date of receipt or collection of the Products to return them to Rinck for exchange or refund.
The Client will be solely responsible for the costs related to the return of a Product or Products.
However, the right of withdrawal cannot be exercised in accordance with the provisions of Article L221-28 of the French Code de la consummation when the Client has placed an order for a Product manufactured under the conditions described in Article 6.1 above. In such a case, Rinck will not accept the return of any such Product.
8.1 PRODUCT RETURN PROCEDURE
The Client must exercise her/his right of withdrawal by sending to Rinck, by email or post, the withdrawal form depicted below, attaching any document attesting to the date of receipt of the Products (e.g., delivery slip) for identification of the order by Rinck: “I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods below:
Ordered on (*):
Received on (*):
Order reference number:
Client signature) (only if this form is submitted in hard copy):
(*) Delete as necessary.
Rinck agrees to contact the Client within 72 hours to give them details of the Product return procedure.
The Product(s) for which the Client exercises her/his right of withdrawal must be returned to the address indicated by Rinck within no more than fourteen (14) clear days from the date of the Client’s withdrawal. The Client must return all of the Products to their original packaging, in perfect condition, and carefully prepare the return package(s).
Returns will only be accepted if the Client respects the Product return procedure.
The Client cannot exercise her/his right of withdrawal if the returned Products are unfit for resale due to problems such as conspicuous damage, etc.
When delivery has been made by carrier, the Client can either return the Products by her/his own means, or, when unable to do so, Rinck will make available to the Client, at the Client’s expense, a recovery service, which will equal the cost of the initial delivery excluding any discount or refund.
In the event of Products being returned by the Client when the Client has exercised her/his right of withdrawal in accordance with this article, the Client assumes all transportation risks.
8.2 PRODUCT EXCHANGES AND REFUNDS
The Client who has exercised her/his right of withdrawal may request a refund for her/his order.
When the Client exercises her/his right of withdrawal, Rinck agrees to refund the Client within fourteen (14) days of the date on which this right was exercised, in accordance with the provisions of Article L. 121-21-4 of the French Code de la consommation, after having thoroughly inspected the Products.
The refund method will be based on the method of payment chosen by the Client, minus the costs of returning the Products when the Client has chosen the option of returning the Products.
No refunds, in whole or in part, will be given for any Product that has been damaged by the Client.
ARTICLE 9 – WARRANTY
The Rinck warranty covers all components of a Product. Rinck ensures that the Product can serve all purposes and uses for which it is designed:
- The structure, coverings (leather, fabric, varnish, patinas, etc.), seams, visible woodwork, are guaranteed for two (2) years.
In any event, the Client is protected by the garantie légale de conformité (legal guarantee of conformity) as well as the warranty against latent defects per the legal provisions in force set forth in Articles L.217–1 to L.218–2 of France’s Code de la consommation and Articles 1641 to 1649 of the French Code Civil.
9.1 IN THE EVENT OF LACK OF CONFORMITY
Rinck is bound to deliver Products in conformity with the contract and is liable for any lack of conformity that may exist at the time the Products are delivered.
Action by the Client regarding lack of conformity must be brought within two (2) years of the date the Products are delivered.
Per the provisions in force in Articles L.217–9 et seq. of the French Code de la consommation, the Client shall choose between having the Products repaired or replaced.
Should the chosen option prove impossible or the cost of such action manifestly disproportionate to the value of the Products, Rinck is under no obligation to take action in accordance with the Client’s chosen method of resolution.
Nevertheless, the Client may only return the Product and be refunded the purchase price and initial delivery costs or keep the Product and be reimbursed for part of the Product when the conditions set forth in Article L.217–10 of the French Code de la consummation are met, meaning if:
- The requested, proposed, or agreed solution (repair or replacement [including delivery costs]) cannot be implemented within one month of the Client’s complaint, or
- If this solution cannot be achieved without major inconvenience for the Client given the nature of the Product and the desired use.
9.2 HIDDEN DEFECTS
Rinck is bound by the warranty against hidden defects in the Product sold that make it unfit for its intended use.
Action concerning hidden defects must be brought by the Client within two (2) years from the date of the defect’s discovery.
Per the provisions in force in Articles 1641 to 1649 of the French Code Civil, the Client has the choice of returning the item and being refunded the price of the item and related shipping costs, or keeping the item and having part of the price refunded.
Rinck may also offer the Client the option of having Rinck replace the Products.
9.3 DISCLAIMER OF WARRANTIES
The warranty does not cover:
- Changes in the appearance in the covers, upholstery, and/or padding due to wear and use of the seat (such as softening or indentation of foam rubber seat cushions) under normal use conditions (where applicable, according to the existing French certification regulations for Ameublement-Sièges [“Furniture-Seats”]).
- The residual distension of the leather on the most-used seats, which is related to the stress factors placed on the seat coverings during use.
- Discolorations, alteration, or any modification or deterioration of appearance due to:
- excessive exposure to natural or artificial light.
- the use of any maintenance product not suitable for the covering or coating, as well as non-compliance with care guidelines.
- external causes: domestic accidents, water damage, stains, burns, scratches, animal damage, etc.
- improper assembly, wedging, chocking, adjustment, or other interventions by persons not approved by Rinck.
- natural bodily actions of sweating, perspiring, and/or seborrhea.
- Color transfer from non-stabilized dyes, tints, etc., on articles coming into contact with the leather of the seats (clothing, blankets or throws, “decorative” cushions, belts, handbags, etc.).
- Distortion of seats, fixed or mobile mechanical structures, breakage of structures resulting from improper use or severe overloads concentrated on a given point related to a specific characteristic use or unusual use
- Damage to components such as zippers, inter-component bindings or attachments, headrest or armrest fittings or mechanisms, and various accessories resulting from improper use.
- Damage intentionally caused by a user.
- Uses in public or professional premises, unless it is a model suitable for such intensive use and such use is specified on the purchase order.
- Repairs or modifications performed by the Client or at the Client’s initiative by a company of her/his choice without the express written consent of Rinck.
To invoke the legal warranty, the Client must notify Rinck of the defect as soon as it appears by filling out the form available on the Website or by sending a letter, accompanied by photographs, to Rinck Client Service.
The Client must comply with the conditions for returning Products described in Article 8.1 above.
When the rights provided for in the legal warranty are being exercised by the Client, the costs of returning the Products are to be borne by Rinck.
ARTICLE 10 – DISPUTES AND LIABILITY
The Client is required to verify the completeness and veracity of the information s/he provides to Rinck when ordering, particularly the delivery address.
The Client is responsible for the information provided when registering and when ordering. Rinck cannot be held responsible for any data entry errors that could cause delivery errors. Should the delivery address prove to be erroneous or should the Client decide to change the delivery address after Rinck has shipped the Products, the Client will bear the costs of the new delivery.
The Client’s choice and purchase of Products are wholly the Client’s responsibility. Consequently, the total or partial inability to use Products, including due to a Product’s incompatibility, will not result in any compensation, reimbursement, or refund by Rinck or liability on the part of Rinck, except in the case of a proven hidden defect, non-conformity, other defect, or the Client’s exercising the right of withdrawal provided for by the provisions of the French Code de la consommation.
Rinck cannot be held liable for any risks, consequences, or damage inherent in the use of an Internet network, including service interruptions, external interference, or the presence of computer viruses. Rinck disclaims all liability for the content of the websites that may available through hyperlinks on the Rinck Website.
Rinck cannot be held liable for damage resulting from the improper use of the Products by the Client or in the event of unforeseeable circumstances or force majeure.
In accordance with the provisions of Article 1218 of the French Code Civil, there is force majeure in matters relating to a contract when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents performance of the obligation by the debtor.
In the event of force majeure or fortuitous event, Rinck agrees to inform the Client within seven (7) days of its occurrence. Should this impediment last more than a period of fifteen (15) days, the Client may request that her/his order be cancelled.
ARTICLE 11 –DATA PROTECTION ACT
The Client’s personal data (hereinafter the “Data”) is collected and processed in strict compliance with French Law No. 2018-493 of June 20, 2018, relating to the protection of individuals with regard to personal data, amending French Law No. 78-17 of January 6, 1978, relating to data protection to incorporate the provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
As such, the Client has the right, at any time, to withdraw her/his consent to the processing of her/his personal data as well as a right of access, a right to rectification, a right to erasure, a right to limit processing, a right to the portability of her/his Data, and a right of opposition. These rights can be exercised with regard to the Data collected and processed by Rinck by writing to the following address:
Rinck Decoration, 21 avenue Daumesnil, 75012 Paris, France
ARTICLE 12 – INTELLECTUAL PROPERTY
All elements, images, objects, and furnishings presented on the Website are and remain the exclusive intellectual property of Rinck.
The Client is not authorized to use, reproduce, modify, transfer, exploit, distribute, or dispose of any content of the Website, in whole or in part, for any purpose whatsoever, including but not limited to software, visuals, and audio content. The texts, images, designs, drawings, and layout, as well as the elements relating to corporate identity on this Website, are protected by intellectual property rights. Any copying, extraction, excerpting, distribution, modification, or adaptation of the Website’s content is strictly prohibited.
The Client is authorized to download and print text, images, and graphic elements for private and non-commercial use only. Reproducing designs, sketches, drawings, images, sound archives or other audio elements, video sequences, and texts in other electronic or printed publications requires prior written consent from Rinck.
Any unauthorized use of the Website content is considered counterfeiting and punishable by law. The brands and logos appearing on the Website are protected registered trademarks. Any total or partial reproduction of these brands and/or logos made using elements from the Website without Rinck’s express authorization constitutes the offense of counterfeiting punishable by Articles L335-2 et seq. of France’s Code de la propriété intellectuelle (Intellectual Property Code).
The databases established by Rinck are protected by copyright as well as by the French law of July 1, 1998, transposing into the Code de la propriété intellectuelle Directive 96/9/EC of the European Parliament and of the Council of March 11, 1996, on the legal protection of databases. Any excerption can only be limited and performed for private purposes. Use of any simple link or hyperlink is strictly prohibited.
Consequently, the Client can only access the content of the database and any other element of the Website and display them for non-commercial and private use.
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ARTICLE 14 – SEVERABILITY OF CLAUSES
Should any one or more of the provisions in these Sales Terms and conditions be held, for any reason, to be invalid, illegal, unenforceable, null and void, or inapplicable as a result of a law, a regulation, or following a final judgment of a competent court, it shall not affect or call into question the validity, legality, enforceability, and applicability of the other provisions of these Sales Terms, which will remain in force.
The Client will remain bound to fulfil her/his contractual obligations and cannot, as such, avail herself/himself of any exemption from liability.
ARTICLE 15 – NO WAIVER
The fact that Rinck does not avail itself at any time of any provision or clause of these Sales Terms cannot be interpreted as a waiver of Rinck’s subsequently invoking this provision or clause or hinder Rinck’s exercising any other right or privilege.
ARTICLE 16 – LANGUAGE, APPLICABLE LAW, MEDIATION, AND COMPETENT JURISDICTION
The Sales Terms are written in French. In the event that they are translated into one or more languages, the French text will prevail in the event of a dispute.
The Sales Terms are subject exclusively to French law.
Prior to any dispute, the parties will seek to reach an amicable agreement.
In the absence of an amicable agreement, any dispute relating to the development, execution, interpretation, and termination to which the Sales Terms could give rise, even in the event of a warranty claim or of multiple defendants, is the exclusive jurisdiction of the French courts.