{"id":18202,"date":"2023-11-13T07:10:42","date_gmt":"2023-11-13T06:10:42","guid":{"rendered":"https:\/\/noblessa.fr\/terms-and-conditions-of-sale\/"},"modified":"2024-02-11T19:38:25","modified_gmt":"2024-02-11T18:38:25","slug":"terms-and-conditions-of-sale","status":"publish","type":"page","link":"https:\/\/nob.web-n-co.fr\/en\/terms-and-conditions-of-sale\/","title":{"rendered":"TERMS AND CONDITIONS OF SALE"},"content":{"rendered":"<p>[et_pb_section fb_built=&#8221;1&#8243; _builder_version=&#8221;4.17.6&#8243; _module_preset=&#8221;default&#8221; global_colors_info=&#8221;{}&#8221;][et_pb_row _builder_version=&#8221;4.17.6&#8243; _module_preset=&#8221;default&#8221; global_colors_info=&#8221;{}&#8221;][et_pb_column type=&#8221;4_4&#8243; _builder_version=&#8221;4.17.6&#8243; _module_preset=&#8221;default&#8221; global_colors_info=&#8221;{}&#8221;][et_pb_text _builder_version=&#8221;4.23.1&#8243; _module_preset=&#8221;default&#8221; header_font=&#8221;Arial|||on|on|||#A48044|&#8221; header_text_align=&#8221;center&#8221; header_font_size=&#8221;28px&#8221; global_colors_info=&#8221;{}&#8221;]<\/p>\n<h1>TERMS AND CONDITIONS OF SALE<\/h1>\n<p>[\/et_pb_text][\/et_pb_column][\/et_pb_row][et_pb_row _builder_version=&#8221;4.17.6&#8243; _module_preset=&#8221;default&#8221; global_colors_info=&#8221;{}&#8221;][et_pb_column type=&#8221;4_4&#8243; _builder_version=&#8221;4.17.6&#8243; _module_preset=&#8221;default&#8221; global_colors_info=&#8221;{}&#8221;][et_pb_text _builder_version=&#8221;4.23.1&#8243; _module_preset=&#8221;default&#8221; link_font=&#8221;||||on||||&#8221; link_text_color=&#8221;#666666&#8243; header_2_font=&#8221;Arial||||||||&#8221; header_2_font_size=&#8221;20px&#8221; global_colors_info=&#8221;{}&#8221;]<\/p>\n<p>These general terms and conditions of sale contractually govern the commercial relationship between the affiliated reseller noblessa identified by its SIRET number (hereinafter &#8220;the Seller&#8221;), and professional and non-professional customers (the or the Customer).<\/p>\n<p>All correspondence and complaints should therefore be addressed to the Vendor, in his capacity as an independent merchant operating under the NOBLESSA name.<\/p>\n<p>&nbsp;<\/p>\n<h2>ARTICLE 1. TERMS AND CONDITIONS OF SALE<\/h2>\n<p>These general terms and conditions of sale apply, without restriction or reservation, to the sale of products and the provision of services offered and performed by the Vendor, to professional and non-professional consumers and customers (the or the Customer).<br \/>Unless expressly agreed otherwise in writing by the Vendor, these general terms and conditions of sale shall prevail, where applicable, over any other version or other document of the customer, in particular its general terms and conditions of purchase.<br \/>The Customer declares that he has read and accepted these terms and conditions of sale before concluding the contract for the sale of products or the supply of services. Validation of the order by the Customer implies unreserved acceptance of these General Terms and Conditions of Sale.<br \/>These General Terms and Conditions of Sale may be amended from time to time. The version applicable to the Customer&#8217;s purchase is that in force on the day the contract is concluded.<\/p>\n<p>&nbsp;<\/p>\n<h2>ARTICLE 2: QUOTATION<\/h2>\n<p>2.1. At the CUSTOMER&#8217;s request, the Vendor can draw up, free of charge, a costed estimate prior to any order, based on the indications, measurements and plans supplied by the Customer, and including details of furniture, appliances, equipment and accessories, and, where applicable, installation and delivery.<\/p>\n<p>2.2. It should be noted that the Vendor retains full intellectual and artistic ownership of its projects, in particular the plans it has produced on behalf of the CLIENT.<br \/>The Customer therefore refrains from reproducing or exploiting the said studies, drawings, models, etc., without the Vendor&#8217;s express prior written authorization, which may be subject to a financial consideration.<\/p>\n<p>When a quotation is drawn up by the Vendor, free of charge, it has the value of special conditions modifying or supplementing the present general sales conditions.<br \/>In this case, the sale of products and\/or services will not be considered final until :<br \/>&#8211; validation and signature of the said quotation, thus transformed into an order form, and of any other terms and conditions for the provision of services by the Customer.<br \/>Unless otherwise specified in writing, quotations are valid for 1 month.<\/p>\n<p>2.3. Quotations only include the services and products described therein. Prior to installation, the customer undertakes to make the room accessible, free of all movable property and ready to be fitted out in accordance with the quotation and\/or order form. He will ensure that the room in which the work is to be carried out complies with the technical drawings, and that all outlets and drains are in the right places.<\/p>\n<p>Any intervention ordered by the customer from a project manager, decorator, architect or any other professional prior to the installation or supply of the products will be at the CLIENT&#8217;s expense and under its sole responsibility.<\/p>\n<p>&nbsp;<\/p>\n<h2>ARTICLE 3: ORDER FORM<\/h2>\n<p>3.1. The order form, which is distinct from the quotation, is a document containing information identifying the company, the seller&#8217;s name and signature, the customer&#8217;s contact details and consent by signature, and the words &#8220;I acknowledge having read and signed the general terms and conditions of sale and service commitments&#8221;.<\/p>\n<p>3.2. This order form stipulates precisely all the products and\/or services to be provided by the Seller, the delivery deadlines, the special conditions and the terms of payment.<\/p>\n<p>3.3. Supplies include only those items specified in the order form.<\/p>\n<p>3.4. Any modification of the order form must be the subject of an amendment to the contract initially drawn up, insofar as these modifications do not concern elements in the course of manufacture or already manufactured. In order to be taken into account by the Vendor, any modification must be notified within a reasonable period of time and accepted in writing by the Vendor.<\/p>\n<p>3.5. The purchase order also includes design and technical drawings, which are issued prior to signature of the document. These plans (drawn up on headed paper in the Vendor&#8217;s name) are attached to the order form and must be signed by the customer.<br \/>The perspective elements of the drawing do not include any measurements, do not represent reality exactly and have no contractual value.<br \/>Only the technical drawing, the scaled elevation drawings and the ground design drawings are authentic.<\/p>\n<p>Before issuing the purchase order, the Vendor may, at the customer&#8217;s request, carry out a quantity survey at the customer&#8217;s home. To this end, the Customer hereby undertakes to authorize access to any person appointed by the Vendor. Failing this, the order will be placed on the basis of the information transmitted by the Customer, who undertakes to assume all risks and additional costs associated with placing an order in the absence of a measurement, without recourse against the Vendor.<\/p>\n<p>At the time of delivery of the technical plan to the customer, the latter has been informed of any lack of conformity of the existing installation and undertakes to have any necessary installation work carried out by professionals of his choice and under his responsibility, prior to installation.<\/p>\n<p>3.6 Once the measurement has been carried out, an installation date can be planned and communicated to the customer, who must confirm this within 48 hours by e-mail to the store. Any change in the measurement date will result in a new installation date imposed by noblessa. If, at the time of the technician&#8217;s visit, the measurement could not be carried out (absence of lining, sockets, plumbing, etc.) and the customer requires a counter-measurement after the work, this request will be subject to a re-invoicing, i.e. 96 euros including VAT, at the customer&#8217;s expense.<\/p>\n<p>3.7 If the date of installation of the goods is postponed, the customer must inform noblessa by registered letter at least 30 working days before the date of the first installation.<\/p>\n<p>The postponement of the delivery date does not affect the due date of the deposit initially stipulated in the contract. In addition, postponed delivery will incur storage charges of 150 euros\/month (incl. VAT) from the 15th day of storage.<\/p>\n<p>3.8 The signing of the order form by the Customer and the Vendor constitutes the conclusion of the sales contract and formalizes the commitment of the parties to perform in good faith.<\/p>\n<p>&nbsp;<\/p>\n<h2>ARTICLE 4: SPECIAL CONDITIONS<\/h2>\n<p>4.1. Before accepting the quotation and the order form, the Customer has ensured that all the commitments expressed verbally by the Vendor and all the conditions to which he intends to make his agreement subject have been mentioned on the said documents, which, once accepted and signed, will be the only authentic documents between the parties.<br \/>It is the customer&#8217;s responsibility to check the accuracy of the order and to report any errors immediately.<\/p>\n<p>4.2 The sale of products and services will only be considered definitive once the Vendor has sent the customer confirmation of acceptance of the order and once the deposit due, i.e. a percentage of 30% of the total amount of the order, has been received in full.<br \/>4.3 The Vendor reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.<\/p>\n<p>Any modifications to the order by the Customer will only be taken into account by the Vendor within the limits of its possibilities. Any modifications will only be validly accepted after written confirmation from the Vendor and, where applicable, after acceptance by the Customer of the resulting modified quotation.<\/p>\n<p>&nbsp;<\/p>\n<h2>ARTICLE 5: PRICE COMPONENTS<\/h2>\n<p>5.1. Price definition<br \/>Products and services are invoiced at the rate in force at the time of order, according to the order form drawn up by the Vendor. Prices are given in Euros, excluding VAT and including VAT.<\/p>\n<p>By signing the order form, the Customer undertakes to pay the agreed price. This includes the preparation of summary plans, the supply of furniture and equipment, excluding the cost of installation and delivery (please refer to in-store prices).<br \/>Prices are firm and guaranteed until the date of delivery.<\/p>\n<p>5.2. Installation<br \/>The prices communicated by the Vendor to the Customer are for a fitter approved by the Vendor on a prepared site, i.e. the room where the service is to be carried out must comply with the technical plans and all sockets and drains must be placed in the locations specified in the technical plan.<\/p>\n<p>&nbsp;<\/p>\n<h2>ARTICLE 6. PAYMENT<\/h2>\n<p>6.1. General provisions &#8211; advance payments<br \/>As this is a sales contract, the conditions are set out in the order form.<br \/>A deposit of 30% of the price (all taxes included) stipulated on the quotation must be paid by the customer on acceptance of the quotation.<\/p>\n<p>Notwithstanding article L. 214-1 et seq. of the French Consumer Code, by signing the contract, the CLIENT expressly acknowledges that the sums paid in advance are down-payments.<br \/>In the event of cancellation of the order by the Customer for any reason whatsoever other than force majeure, the deposit paid at the time of ordering shall be automatically acquired by the Service Provider and shall not give rise to any reimbursement whatsoever.<br \/>Invoices are sent to the customer at the latest upon acceptance of the work or delivery of the products. Unless otherwise stipulated, they are payable in cash on the day of delivery or on delivery of the products ordered.<br \/>Any sum not paid by the due date will incur late payment interest corresponding to the interest rate of the European Central Bank plus 7 points. A fixed indemnity of 40 euros will also be payable to cover collection costs.<br \/>In addition, any delay in payment will automatically entail, without the need for prior formal notice, the payment of all debts owed by the Customer, even if not yet due, as well as the right for the Seller to suspend all deliveries and work in progress until full payment has been made. The Vendor shall also be entitled to terminate any current contract by sending a registered letter with acknowledgement of receipt.<\/p>\n<p>6.2. Installation<br \/>Installation can only take place once the goods ordered have been delivered to the Vendor and the final payment has been made.<br \/>Unless other payment terms have been agreed between the parties and mentioned on the order form and\/or on any other contract linked to it (and in particular on any offer of a credit contract), the price of the installation &#8211; or of the balance due on the price of the installation if a payment has already been made by the CLIENT &#8211; will be payable in part at the start of the service, up to 60% of the planned amount, the balance being payable at the latest at the time of completion of the work and acceptance of the work by the CLIENT.<br \/>However, in the event of the latter contesting the perfect execution of the installation work, he must inform the store by registered letter with acknowledgement of receipt within 14 days of receipt of the work and will be authorized to withhold a maximum of 5% of the installation price. Once the compliance work has been completed, and in the absence of any further dispute by the CLIENT under the same conditions as above, the CLIENT will be obliged to pay the balance withheld.<\/p>\n<p>&nbsp;<\/p>\n<h2>ARTICLE 7. CREDIT SALE<\/h2>\n<p>In the event of a sale on credit, by means of a loan granted by the vendor or by an organization outside the store (in compliance with article L312-18 of the French Consumer Code), the offer of a credit contract must be submitted in as many copies as there are parties to the sales contract.<\/p>\n<p>In this case, the purchase order becomes perfect only if :<br \/>1) the said borrower has not exercised his right of withdrawal within 14 calendar days from the date of acceptance of the credit agreement offer (art. L312-19 of the French Consumer Code and that ;<br \/>2) the lender has informed the borrower of its decision to grant credit within 7 days.<br \/>For a period of 7 days from acceptance of the contract by the borrower, no payment in any form whatsoever may be made by the lender to the borrower, or on the borrower&#8217;s behalf, or by the borrower to the lender. As long as the lender has not notified the Seller of the granting of credit, and as long as the borrower may exercise his right of withdrawal, the Seller is not obliged to fulfil his obligation to deliver or supply.<\/p>\n<p>The contract of sale or provision of services concluded with an affected credit is automatically terminated without compensation:<br \/>1) if the lender has not, within 7 days of acceptance of the credit agreement by the borrower, informed the Seller of the granting of credit;<br \/>2) or if the borrower has exercised his right of withdrawal within the period stipulated in article L312-19 of the French Consumer Code.<\/p>\n<p>However, where the borrower expressly requests immediate delivery or provision of the goods or services, the exercise of the right of withdrawal from the credit agreement shall not automatically entail cancellation of the contract of sale or provision of services unless it takes place within three (3) days of acceptance of the credit agreement by the borrower, provided that the purchaser has paid cash before expiry of the aforementioned periods.<\/p>\n<p>&nbsp;<\/p>\n<h2>ARTICLE 8. DELIVERY &#8211; COLLECTION OF GOODS<\/h2>\n<p>8.1. Delivery times<\/p>\n<p>The delivery date agreed between the parties is indicated on the order form. Delivery must be made to the customer&#8217;s home and to the room where the project is to be carried out.<\/p>\n<p>The Vendor undertakes to use its best efforts to supply the products and services ordered by the Customer within the framework of an obligation of means and within the time limits specified above. However, these times are given as an indication only.<\/p>\n<p>The Customer undertakes to be present on the day agreed with the Vendor, or, if this is not possible, to entrust the acceptance of the goods to a third party of his choice, specially authorized in writing; in this case, the Customer may then express reservations concerning any apparent defects or shortages not discovered by this third party. In this respect, the customer is reminded that he\/she benefits in all cases from the legal warranties of conformity and latent defects (see article 11).<\/p>\n<p>8.2. Late delivery<br \/>If the products or services have not been supplied within 90 days of the aforementioned indicative date, for any reason other than force majeure or the customer&#8217;s fault, the customer may cancel the sale under the conditions set out in articles L216-2, L216-3 and L216-4 of the French Consumer Code.<br \/>The sums paid by the Customer will then be returned to him at the latest within 14 days following the date of termination of the contract, to the exclusion of any compensation or deduction.<\/p>\n<p>8.3. Postponement of delivery date<br \/>If a delay in the execution of site preparation work for which the customer is responsible makes it impossible to deliver the goods on the date agreed in the sales contract, the customer must inform the seller by registered letter no later than 6 weeks before the initial delivery date.<br \/>The parties to the contract then agree on a new delivery date by means of an amendment to the main sales contract drawn up at the store.<br \/>Otherwise, the seller will deliver on the date originally agreed. If the customer is unable to accept delivery, the customer shall bear all costs incurred by the seller, including the cost of storing the goods ordered, after being ordered to do so.<\/p>\n<p>In the event of the Customer failing to prepare the worksite and failing to inform the latter at least 6 weeks before the date initially set for delivery, the Seller shall have the option of postponing the delivery date until after the worksite preparation work has been completed.<\/p>\n<p>In the event of a postponement of more than fifteen days of the collection or delivery date following the Customer&#8217;s request, the latter is obliged to pay the balance of his order on the date initially set, thus enabling the Vendor to obtain financing from the lender.<\/p>\n<p>8.4. Collection by the CUSTOMER<br \/>Where it has been agreed that the CUSTOMER will pick up his order himself, he undertakes to do so, at the latest, except in cases of force majeure, within 15 days of the notice of availability sent by the Vendor.<\/p>\n<p>8.5. Delivery reservations<br \/>Taking possession of the work and\/or products constitutes acceptance, any reservations being formulated as follows:<br \/>&#8211; If no reservations are made by registered letter or recorded delivery within 15 days of acceptance, the work is presumed to be in conformity.<br \/>&#8211; Failing this, all reservations must be formulated by registered letter within 15 days of acceptance of the work.<\/p>\n<p>If delivery is made by a carrier, the Customer must also confirm his reservations, in accordance with article L. 133-3 of the French Commercial Code, within 3 working days by registered letter with acknowledgement of receipt or bailiff&#8217;s writ addressed to the carrier &#8211; with a copy to the Vendor, if the carrier has been chosen by the Vendor.<\/p>\n<p>This period is extended to 10 days when the Customer personally takes delivery of the items transported and when the carrier does not justify having given him the opportunity to effectively check their good condition (in accordance with the provisions of articles L. 133-3 of the French Commercial Code and L. 224-65 of the French Consumer Code).<\/p>\n<p>8.6 Taking back existing furniture<\/p>\n<p>In accordance with the AGEC law, when the customer buys furniture, the noblessa store will take back the old furniture free of charge within the limit of products equivalent (dimensions and nature) to those sold by noblessa, excluding sanitaryware, household appliances, and worktops made of materials other than wood:<br \/>&#8211; trade-in of 1 piece of furniture for 1 piece of furniture<br \/>&#8211; at the customer&#8217;s home, at the foot of the building, on a date agreed with the noblessa store, if the customer has opted for delivery of his goods.<br \/>&#8211; at the place and time of collection, if the purchaser collects the order himself;<\/p>\n<p>Please note that products in a condition that could endanger the health or safety of our staff will be refused. Therefore, for safety reasons, noblessa will only take back furniture that has been assembled in its original state (with no visible screws, splinters or nails).<\/p>\n<p>The return must be formulated by the customer (expressly and in a firm and definitive manner) to the noblessa store when signing the order form, on which a mention to this effect must appear. This will be done in one go for all the old goods. At the same time, the customer must inform the noblessa store of the volume of furniture to be taken back.<\/p>\n<p>&nbsp;<\/p>\n<h2>ARTICLE 9. TRANSFER OF RISK<\/h2>\n<p>9.1. All products delivered to the Customer in execution of the contract remain the property of the Vendor until full payment has been received. The Customer declares that he accepts this clause without reservation. However, the risks (theft, loss, deterioration, etc.) relating to the said products are transferred to the Customer as soon as they are delivered either to the seller&#8217;s store or to the Customer, or to the carrier.<\/p>\n<p>9.2 In the event of partial delivery due to a delay for which the Seller is not responsible, the transfer of risk and legal ownership will only take place on notification of the goods being made available.<\/p>\n<p>&nbsp;<\/p>\n<h2>ARTICLE 10. RETENTION OF TITLE<\/h2>\n<p>10.1. The Vendor retains ownership of the goods sold until full payment has been received.<br \/>10.2. In the event of total or partial non-payment by the Customer, the Seller reserves the right to claim ownership of the unpaid goods, in accordance with legal provisions.<\/p>\n<p>&nbsp;<\/p>\n<h2>ARTICLE 11. GUARANTEES<\/h2>\n<p>Independently of the commercial warranty, the customer has the legal warranty of conformity (articles L. 217-4 et seq. of the French Consumer Code) valid for two years from delivery of the goods, it being specified that the customer benefits from a presumption of non-conformity during the warranty period.<\/p>\n<p>The customer also benefits from the legal guarantee against hidden defects (article 1641 et seq. of the French Civil Code), enabling him to choose between rescission of the sale and a reduction in the purchase price.<\/p>\n<p>The customer may invoke the guarantees available to him by contacting the seller, whose contact details are given on the order form.<br \/>The Seller will refund or rectify or cause to be rectified (as far as possible) the services or repair or replace the products found to be defective as soon as possible and at the latest within 90 days of the Seller&#8217;s discovery of the defect or fault.<br \/>Reimbursement will be made by crediting the Customer&#8217;s bank account or by cheque sent to the Customer.<br \/>The Vendor&#8217;s warranty is limited to the reimbursement of services or products actually paid for by the Customer.<\/p>\n<p>Professional customers may not hold the Vendor liable for defective products, insofar as these products are not used primarily for their own private use or consumption.<br \/>The Seller shall not be held responsible or liable for any delay or non-performance resulting from force majeure.<\/p>\n<p>&nbsp;<\/p>\n<h2>11.1. LEGAL WARRANTIES<\/h2>\n<p>All damage resulting from misuse of a product or normal wear and tear linked to its use in good faith are excluded from legal warranties.<\/p>\n<p>In order to benefit from these guarantees, the customer must present proof of purchase (invoice, purchase order) and the delivery note.<\/p>\n<p>The Customer acknowledges having been informed, prior to the conclusion of the sale, of the existence and terms and conditions of the legal and contractual warranties available to him.<\/p>\n<p>&nbsp;<\/p>\n<p><strong><u>11.1.1 Legal warranty of conformity :  <\/u><\/strong><\/p>\n<p>Article L. 217-4 of the French Consumer Code: &#8221;  <em>the seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter is his responsibility under the contract or was carried out under his responsibility.<\/em>  &#8220;<\/p>\n<p>Article L. 217-5 of the French Consumer Code: &#8221; <em>The goods conform to the contract:<\/em><\/p>\n<p><em>1\u00b0 Whether it is fit for the use ordinarily expected of similar goods and, if so :<\/em><\/p>\n<p><em>&#8211; if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;<\/em><\/p>\n<p><em>&#8211; it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;<\/em><\/p>\n<p><em>2\u00b0 Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller&#8217;s attention and accepted by the latter&#8221;.<\/em><\/p>\n<p>Article L. 217-12 of the French Consumer Code: &#8221; <em>Any action resulting from a lack of conformity must be brought within two years of delivery of the goods<\/em>. &#8220;<\/p>\n<table>\n<tbody>\n<tr>\n<td>\n<p><strong>When acting under the legal warranty of conformity, the consumer<\/strong>:<br \/>&#8211; has a period of two years from the date of delivery of the property to take action;<br \/>&#8211; may choose between repairing or replacing the good, subject to the cost conditions stipulated in Article L. 217-9 of the French Consumer Code;<br \/>&#8211; is exempted from proving the existence of the lack of conformity of the good during the six months following the delivery of the good. This period is extended to twenty-four months from March 18, 2016, except for used goods.<\/p>\n<p>&nbsp;<\/p>\n<p>The legal warranty of conformity applies independently of any commercial warranty.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p>&nbsp;<\/p>\n<p>In this respect, he will be exclusively liable for damage resulting from his own actions: lack of conformity or quality of the goods ordered, errors in the estimates and plans drawn up by himself.<\/p>\n<p>The customer has the choice between repairing or replacing the good with an identical part, equipment or appliance or one of equivalent quality and price (subject to available stocks), subject to the provisions of article L. 217-9 of the French Consumer Code.<\/p>\n<p><strong><u>11.1.2 Legal warranty against hidden defects<\/u><\/strong><\/p>\n<p>Article 1641 of the French Civil Code  <em>The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair that use to such an extent that the customer would not have purchased it, or would only have paid a lower price for it, had he been aware of them.<\/em><\/p>\n<p>Article 1648 of the French Civil Code:<\/p>\n<p><em>&#8220;The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.<\/em><\/p>\n<p>Similarly, under article 1642-1, &#8221; <em>the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be discharged from the defects or apparent lack of conformity. <\/em><\/p>\n<table>\n<tbody>\n<tr>\n<td>The consumer may decide to invoke <strong>the warranty against hidden defects in the item sold<\/strong>, as defined in article 1641 of the French Civil Code. In this case, the customer may choose between rescission of the sale or a reduction in the purchase price in accordance with article 1644 of the French Civil Code.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p>&nbsp;<\/p>\n<h2>11.2. CONTRACTUAL GUARANTEES<\/h2>\n<p>The Seller offers the following contractual warranties free of charge, from the day the goods are made available (date of delivery or collection):<\/p>\n<p>11.2.1. Kitchen furniture is guaranteed for 5 years. Without prejudice to the provisions of the legal warranty, the contractual warranty is limited to the free replacement or repair of items manufactured and delivered. On the other hand, all other costs, such as installation and re-installation of supposedly defective components, transport and travel costs, are excluded from the warranty.<\/p>\n<p>The warranty will not apply:<br \/>&#8211; if the furniture has been used in conditions other than those for which it was designed.<br \/>&#8211; damage to the kitchen caused by the customer (incorrect installation by the customer or the customer&#8217;s own installer, incorrect use, failure to follow instructions, lack of maintenance, etc.), by the authorized installer or by normal wear and tear.<\/p>\n<p>11.2.2. All furniture hinge and runner parts are guaranteed for 20 years. Labor and travel costs will be borne by the CUSTOMER.<\/p>\n<p>ARTICLE 12. LEGAL AND CONTRACTUAL WARRANTIES<br \/>12.1. Implementation<br \/>Any warranty claim concerning a product must be submitted to the dealer, who will check that the claim is well-founded.<br \/>When the CUSTOMER notices a breakdown or malfunction, he must :<br \/>&#8211; Report the breakdown and provide the purchase invoice to the Noblessa seller within 5 working days from the date of breakdown.<br \/>&#8211; Present during the intervention :<br \/>&#8211; Faulty equipment<br \/>&#8211; The original invoice, together with the serial numbers of the defective device(s)<br \/>&#8211; Enable the certified technician to work in the best possible conditions<br \/>When the malfunction or breakdown prevents the device from operating normally and the downtime exceeds 7 days, the contractual warranty period is extended by a period equal to the downtime (article L. 217-16 of the French Consumer Code). The period of immobilization runs from the date of the purchaser&#8217;s request for service, or from the date on which the equipment is made available for repair if this is subsequent to the request for service.<\/p>\n<p>12.2. Territory<br \/>Metropolitan France and Corsica.<\/p>\n<p>&nbsp;<\/p>\n<h2>ARTICLE 13. WARRANTY EXCLUSIONS<\/h2>\n<p>All damage resulting from misuse of a product or normal wear and tear due to its use in good faith are excluded from legal warranties. Misuse includes :<br \/>&#8211; Normal or abnormal wear and tear resulting from poor maintenance or external causes (water infiltration, excessive temperature, humidity, shock, abusive or unintended use, unsuitable maintenance products).<br \/>&#8211; Non-compliance with installation and assembly instructions.<\/p>\n<p>&#8211; Damage or defects caused or not declared at the time of delivery, installation or assembly and not attributable to the Seller.<br \/>&#8211; Changes in the color of materials, oxidation, modification of materials, due to time or poor conditions of use or any external event not attributable to the Seller.<br \/>In the event that the Vendor&#8217;s services do not include the installation of equipment, the warranty applies only to parts, labor and travel for 2 years. Please note that major household appliances are covered by a parts warranty.<\/p>\n<p>&nbsp;<\/p>\n<h2>ARTICLE 14. LIFE OF SPARE PARTS<\/h2>\n<p>The Vendor undertakes to supply spare parts for all products offered for sale in identical or similar condition within 2 months for a period of five years, at a charge.<\/p>\n<p>&nbsp;<\/p>\n<h2>ARTICLE 15. MISCELLANEOUS PROVISIONS<\/h2>\n<p>15.1. Non-performance of contract due to exceptional circumstances<br \/>The Vendor will use its best endeavors to perform all the services provided for in the present contract. However, the latter shall not be liable for non-performance or delays caused by:<br \/>&#8211; Social conflicts such as strikes, riots, popular movements and civil war.<br \/>&#8211; All decisions attributable to the authorities which make it impossible to pursue or carry out any economic activity under normal conditions.<br \/>&#8211; Act of terrorism or sabotage.<br \/>&#8211; Natural disasters<br \/>&#8211; Pandemics<br \/>&#8211; All cases of force majeure making it impossible to perform the present contract.<\/p>\n<p>15.2. In the event of any breach by the Customer of its contractual obligations, or of any difficulty in the application of this contract, the Customer must send a complaint by registered letter to the Vendor.<\/p>\n<p>In accordance with article L. 211- 3 of the French Consumer Code, the Customer is informed of the possibility of having recourse, in the event of a dispute, to a consumer mediation procedure, the contact details of which are listed in the following article. The customer has the opportunity to seek an amicable solution with the help of a consumer association or professional organization in the industry, or any other counsel of his choice by writing to Customer Service Noblessa &#8211; Newton office noblessa 1165 Rue Jean Ren\u00e9 Guillibert Gauthier de la Lauzi\u00e8re, 13290 Aix-en-Provence.<\/p>\n<p>Except in cases covered by article 2238 of the French Civil Code, this situation does not interrupt the legal warranty period or the contractual warranty period.<\/p>\n<p>Subject to the appreciation of the courts, compliance with the obligations of the present contract and the conditions relating to the contractual warranty presuppose that the CUSTOMER respects his financial commitments to the seller, uses the appliance in a normal manner (cf. art. 13 of the present contract) and that for interventions requiring technical expertise no third party not approved by the seller or the manufacturer intervenes to repair the appliance (except in cases of force majeure or prolonged default by the seller).<\/p>\n<p>&nbsp;<\/p>\n<h2>ARTICLE 16. DISPUTES<\/h2>\n<p>16.1 Jurisdiction<br \/>All disputes arising from the provision of services or the delivery of products under these general terms and conditions of sale, concerning their validity, interpretation, performance, termination, consequences and consequences, and which cannot be resolved amicably between the Vendor and the Customer, shall be submitted to the competent courts under the conditions of common law.<\/p>\n<p>16.2 Mediation<br \/>If the dispute cannot be settled amicably within one month of the date on which the Customer&#8217;s complaint was sent to the selling store by registered letter, the Customer may, in accordance with article L.612-1 of the French Consumer Code, have recourse to another consumer mediator whose contact details are as follows:<\/p>\n<p>Website :<br \/><a href=\"https:\/\/www.mediationconso-ame.com\/demande-de-mediation-ame.html\">https:\/\/www.mediationconso-ame.com\/demande-de-mediation-ame.html<\/a><\/p>\n<p>By post:<\/p>\n<p>AME Conso<br \/>11 place Dauphine<br \/>75001 PARIS<br \/>09.53.01.02.69<\/p>\n<p>&nbsp;<\/p>\n<h2>ARTICLE 17. FORCE MAJEURE AND ACTS OF GOD<\/h2>\n<p>The occurrence of a fortuitous event or force majeure of such a nature as to delay, render economically exorbitant or prevent the execution of the delivery by the Vendor of the products and\/or services has the effect of suspending the execution of the Vendor&#8217;s contractual obligations and cannot therefore give rise to compensation.<\/p>\n<p>If the event continues for more than three months, the Seller reserves the right to terminate the contract without compensation.<\/p>\n<p>In addition to the cases usually recognized by jurisprudence, the following constitute force majeure: strikes or staff shortages, any consequence of unforeseeable technological developments that call into question the norms and standards of its profession, and any other inevitable, unforeseeable event beyond the control of the parties that prevents the normal execution of the present conditions.<\/p>\n<p>&nbsp;<\/p>\n<h2>ARTICLE 18 &#8211; REVISION<\/h2>\n<p>The present general conditions of sale expressly exclude the legal regime of unforeseeability provided for in article 1195 of the Civil Code for all service supply operations. The parties each waive their right to invoke the provisions of article 1195 of the French Civil Code and the unforeseeable circumstances provided for therein, and undertake to assume their obligations even if the contractual balance is upset by circumstances that were unforeseeable when the sale was concluded, even if their performance proves excessively onerous, and to bear all the economic and financial consequences thereof.<\/p>\n<p>&nbsp;<\/p>\n<h2>ARTICLE 19 &#8211; APPLICABLE LAW &#8211; LANGUAGE<\/h2>\n<p>These General Terms and Conditions of Sale and the transactions arising therefrom between the Vendor and the Customer are governed by and subject to French law.<br \/>These General Terms and Conditions of Sale are written in French.<br \/>Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.<\/p>\n<p>&nbsp;<\/p>\n<h2>ARTICLE 20 &#8211; PRE-CONTRACTUAL INFORMATION &#8211; CUSTOMER ACCEPTANCE<\/h2>\n<p>The Customer acknowledges having been informed, prior to the immediate purchase or the placing of his order and the conclusion of the contract, in a clear and comprehensible manner, of the present General Terms and Conditions of Sale and of all the information listed in article L.221-5 of the French Consumer Code and in particular the following information:<\/p>\n<p>&#8211; the essential characteristics of the services and, where applicable, the products;<br \/>&#8211; prices of services, products and ancillary costs (e.g. delivery);<br \/>&#8211; in the absence of immediate execution of the contract, the date or deadline by which the Vendor undertakes to provide the services and, where applicable, the products ordered;<br \/>&#8211; information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if not apparent from the context;<br \/>&#8211; Information on legal and contractual warranties and how to make use of them;<br \/>&#8211; the possibility of resorting to conventional mediation in the event of a dispute.<\/p>\n<p>The fact that a natural person (or legal entity) makes an immediate purchase or orders services and\/or products from the Vendor implies full acceptance of these General Terms and Conditions of Sale and obligation to pay for the services and\/or products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to invoke any contradictory document which would be unenforceable against the Vendor.<\/p>\n<p>&nbsp;<\/p>\n<h2>ARTICLE 21 &#8211; PROTECTION OF PERSONAL DATA<\/h2>\n<p>21.1 Data controller<br \/>The Customer is hereby informed and accepts that the personal data provided by him may be collected and used by the Vendor.<br \/>The Vendor collects the Customer&#8217;s personal data, in particular surnames, first names, e-mail addresses and telephone numbers, in accordance with the legal provisions in force.<br \/>The person responsible for personal data is a person identified in the store within the affiliated company.<\/p>\n<p>21.2 Purpose of collection<br \/>The personal data collected is processed electronically. They are necessary for the Vendor to fulfil its contractual obligations.<br \/>Customer information and personal data are required to manage Orders and customer relations, as well as to keep customers informed of all commercial offers and information.<br \/>This information and the management of Orders are also kept for security purposes.<\/p>\n<p>21.3 Shelf life<br \/>Customers&#8217; personal data is stored for a period of 3 years, which is a reasonable period for normal use of the data.<br \/>This data is stored in secure conditions, using state-of-the-art technology and in compliance with legal and regulatory provisions.<\/p>\n<p>21.4 Right of access, rectification and opposition, limitation of processing, deletion and portability of data<br \/>Customers have the right to access, rectify, object to and limit the processing, erasure and portability of their data.<br \/>The Customer is informed that the right to the portability of personal data concerns the data that he himself has provided as well as personal data generated by his activity\u0301, on the basis of his consent or the execution of these GTC.<br \/>To exercise his rights, the Customer must send the Vendor a letter or e-mail to the address given at the beginning of this document, including his request, a photocopy of his identity card bearing the Customer&#8217;s signature and specifying the reply address. The Vendor will reply within 1 calendar month of receipt of the request.<\/p>\n<p>21.5 Recipients and Transfers<br \/>Personal data may be transmitted to service providers and contractual partners who intervene and contribute directly to the management of Orders (installer, supplier, parent company noblessa) and for whom it is absolutely necessary to have access to the personal data provided by the Customer (identity, address, telephone number, e-mail address).<br \/>These recipients may have access to all or part of the data collected by the Seller.<br \/>Before any data is communicated to partners, the Vendor will take technical measures to protect it.<\/p>\n<p>21.6 Right to complain to the CNIL<br \/>In the event that the Customer considers that the processing of his\/her personal data does not comply with legal and regulatory requirements, he\/she is informed that he\/she may make representations and refer the matter directly to the French supervisory authority, i.e. the CNIL, at the following address: 3 Place de Fontenoy &#8211; TSA 80715 &#8211; 75334 PARIS CEDEX 07.<\/p>\n<p>[\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":"<p>TERMS AND CONDITIONS OF SALEThese general terms and conditions of sale contractually govern the commercial relationship between the affiliated reseller noblessa identified by its SIRET number (hereinafter &#8220;the Seller&#8221;), and professional and non-professional customers (the or the Customer). All correspondence and complaints should therefore be addressed to the Vendor, in his capacity as an independent merchant operating under the NOBLESSA name. &nbsp; ARTICLE 1. TERMS AND CONDITIONS OF SALE These general terms and conditions of sale apply, without restriction or reservation, to the sale of products and the provision of services offered and performed by the Vendor, to professional and non-professional consumers and customers (the or the Customer).Unless expressly agreed otherwise in writing by the Vendor, these general terms and conditions of sale shall prevail, where applicable, over any other version or other document of the customer, in particular its general terms and conditions of purchase.The Customer declares that he has read and accepted these terms and conditions of sale before concluding the contract for the sale of products or the supply of services. Validation of the order by the Customer implies unreserved acceptance of these General Terms and Conditions of Sale.These General Terms and Conditions of Sale may be [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"class_list":["post-18202","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v23.4 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>TERMS AND CONDITIONS OF SALE - noblessa cuisines<\/title>\n<meta name=\"description\" content=\"Discover the general sales conditions of noblessa custom kitchen and interior design stores.\" \/>\n<meta name=\"robots\" content=\"noindex, nofollow\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"TERMS AND CONDITIONS OF SALE - 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