Terms and Conditions of Sale

LEGAL NOTICES

SOLLEN is the publisher of the website www.sollen-design.com

SOLLEN is a registered trademark of the company SAS MEELOA, with a capital of 80.000€ registered in the Bordeaux Trade and Companies Register, under the number

897-518-429.

To contact us : france@sollen-design.com / 05 47 74 30 10

Its head office is located Hangar 15, Quai des Chartrons – 33300 BORDEAUX

Intracommunity VAT number : FR05897518429

The present General Terms and Conditions of Sale and Use govern all use of the site and the services offered on it.

SECTION 1 – GENERAL PROVISIONS RELATING TO THESE TERMS AND CONDITIONS

The general terms and conditions of sale (the ” General Terms and Conditions of Sale “, or the ” CGV “) are applicable exclusively to the online sale of products offered by the Operator on the Website.

The GTC are made available to customers on the Site where they can be directly consulted and can also be communicated to them on request by any means.

The GTC are opposable to the customer who acknowledges, by checking a box or by clicking on the button provided for this purpose, to have been informed and to have accepted them before placing an order. The validation of the order by its confirmation is worth adhesion by the purchaser to the CGV in force at the day of the order whose conservation and the reproduction are ensured by the Operator.

SOLLEN reserves the right to change these Terms and Conditions at any time.

The General Conditions valid at the time of an order will be those in force at the same time, when the order is placed.

ARTICLE 2 – DESCRIPTION OF THE PRODUCTS

The Website is an online sales site for Premium seating furniture, open to any person of legal age using the Website (the ” Customer”).

The Products presented on the Site are each the subject of a description, mentioning their essential characteristics.  The instructions for use of the Product, if it is an essential element, appear on the Site or are sent at the latest with the delivery. The Products comply with the requirements of French law in force.

The Customer remains responsible for the methods and consequences of his access to the Site, particularly via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain at the user’s expense. In addition, the Customer shall provide and be fully responsible for the equipment necessary to connect to the Site.

The Customer acknowledges that he has verified that the computer configuration he uses is secure and in working order.

ARTICLE 3 – ORDERING

The Customer expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires the payment of a price against the supply of the Product ordered.

In any case, the Operator reserves the right to check the validity of the payment, before the dispatch of the order, by all necessary means.

-ORDER PLACEMENT

The order will be considered as effective as of the acceptance of the means of payment by the Website, and as of reception of the transfer carried out.

-INFORMATION

When placing an order, the Customer undertakes to provide the information requested and undertakes to ensure that it is true.

In case of doubt regarding this information, SOLLEN reserves the right to contact the Customer concerned and request further documentation. SOLLEN also reserves the right to cancel or suspend the order made, in case of unverifiable information.

-AVAILABILITY OF PRODUCTS

The products offered for sale online are those present on the site. All the present furniture are manufactured after validation and reception of the payment of the order, that implying an estimated delivery time of 6 to 8 weeks. In case of existing stock, the delay will be effective from 48 to 96 hours.

-PRICE

SOLLEN reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time of the order, subject to availability on that date. The prices are indicated in euros. They do not take into account the delivery costs, invoiced in supplement, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products on the online store.

If one or more taxes or contributions, especially environmental, were to be created or modified, in rise or in fall, this change could be reflected in the selling price of the products.

-PAYMENT TERMS

The online provision of the Customer’s credit card number and the final validation of the order will be considered proof of the Customer’s agreement:

  • Payability of amounts due under the purchase order;
  • Signature and express acceptance of all operations performed.

In the event of fraudulent use of the bank card, the Customer is invited, as soon as this use is noticed, to contact the commercial service  at the following telephone number: 05 47 74 30 10

All our products are payable in full by the Customer when placing the order.

-METHODS OF PAYMENT IN INSTALLMENTS
Possibility of paying in multiples without charge thanks to ONEY’s solution, payment in 3X 4X: the customer hereby accepts Oney’s legal notice accessible from here: https: //f.hubspotusercontent00.net/hubfs/508350/ONEY/cgv-payplug-oney.pdf

-PROVING THE TRANSACTION

The computerized registers, kept in the computer systems of the seller in reasonable conditions of security, will be considered as proof of communication, orders and payments between the parties. The archiving of purchase orders and invoices is made on a reliable and durable support that can be produced as evidence.

-ORDER CANCELLATION

Once the Customer has validated his order, the cancellation of the latter is no longer possible.

-PRICE CHANGES

The price of a product as well as the delivery charges are subject to change at any time. These changes will not affect the order, if it has been placed beforehand and its validation has been approved: the price will be the one displayed at the time of payment.

  • The Customer would not respect the General Conditions in force at the time of his order;
  • Customer’s order history shows that there are outstanding amounts from previous orders ;
  • One of the Customer’s previous orders is the subject of a dispute currently being processed ;
  • The Customer has not responded to a request for confirmation of his order sent by the Operator.

The Operator shall file the contracts for the sale of Products in accordance with the applicable legislation. By sending a request to the following address : france@sollen-design.com the Operator will provide the Customer with a copy of the contract that is the subject of the request.

ARTICLE 4 – DELIVERY

The Customer must ensure in advance that the product purchased can be delivered without difficulty. The Customer must ensure, thanks to the dimensions indicated, that the ordered product will be able to face the physical constraints which could exist on the place of desired delivery By finalizing his order, the Customer validates and accepts the General Conditions of Sale, attesting the good realization of the delivery thanks to the good conformity of the place of arrival.

If a difficulty is encountered during delivery, any additional costs necessary for the proper reception of the product will be charged to the Customer.

SOLLEN can not be held responsible for any input errors by the Customer, which could cause delivery problems.

SOLLEN can not be held responsible for any errors made by the Customer and / or failure to comply with the terms of delivery including the appointment that he himself will have set with the carrier.

The shipping costs are those specified during the finalization of the order and are accepted by the validation of the order.

if one or more Products could not be delivered within the time initially announced, the Operator will send an e-mail indicating to the Customer the new delivery date.

The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to him to check that this address does not contain an error. The responsibility of the Operator could not be committed if the address communicated by the Customer is erroneous, preventing or delaying the delivery.

Upon delivery, you may be asked to sign a receipt.

-DELIVERY ERROR

The Customer shall file with the Seller on the day of delivery or at the latest on the first business day following delivery, any claim of error of delivery and/or non-conformity of the products in kind or in quality, compared to the indications on the order form. Any claim made after this period will be rejected.

The claim can be made at the choice of the Customer:

Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the Customer. The exchange of a product can only take place after the exchange number has been assigned.

In the event of a delivery error or exchange, any product to be ” changed or refunded must be returned to SOLLEN as a whole, unused, in protective packaging suitable for shipping the product .

All costs incurred shall be borne by the Customer.

-RETRACTATION

  • The customer wishing to withdraw has 60 days to return the product.

The product must be returned unused, in protective packaging suitable for shipping the same type of product.

  • If the product shows signs of prior use, SOLLEN reserves the right to reduce the refund to the Customer.

The refund of the returned product will be made after confirmation of receipt of the product to the company

The Customer’s responsibility is only engaged with regard to the depreciation of the good resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of this good.

In accordance with article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of articles L. 221-18 and following of the Consumer Code, the Customer is invited to fill in the standard withdrawal form :

” To the attention of SAS MEELOA

email : france@sollen-design.com

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/services (*):

Ordered on (*)/received on (*) :

Name of consumer(s):

Consumer(s) Address:

Signature of consumer(s) (only if notifying this form on paper) :

Date:

(*) Cross out what is not applicable. “

The Operator will send an acknowledgement of receipt of the Customer’s withdrawal request by e-mail.

If applicable, the Customer may exercise his right of withdrawal by notifying the following information to the Operator :

Name, geographical address, telephone number, e-mail address; decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail, provided that these details are available and therefore appear on the standard withdrawal form) The Customer may use the sample withdrawal form but it is not mandatory.

The returned Product must be in its original packaging, in perfect condition, fit for resale, unused and with all accessories.

In addition to the returned Product, the return package must also contain a letter specifying the Customer’s exact and complete contact information (last name, first name, address) as well as the order number and the original purchase invoice.

The Operator will refund the Customer the amount of the Product within fourteen (14) days from the receipt of the Product and all the elements allowing to implement the refund of the Customer. This refund may be made by the same means of payment as the one used for the Customer. As such, the Customer having paid his order in the form of credits / gift vouchers may be reimbursed by credits / gift vouchers according to the will of the Operator.

-LIABILITY AND WARRANTY

The Operator cannot be held responsible for the non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or due to the unforeseeable and insurmountable fact of any third party to the present.

The Customer acknowledges that the characteristics and constraints of the Internet do not allow the security, availability and integrity of data transmissions on the Internet to be guaranteed. Thus, the Operator does not guarantee that the Site and its services will function without interruption or operating error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change their content and/or presentation.

The Operator cannot be held responsible for the use that would be made of the Site and its services by the Customers in violation of the present General Conditions and for the direct or indirect damage that this use could cause to a Customer or to a third party. In particular, the Operator cannot be held responsible for false declarations made by a Customer and for his behavior towards third parties. In the event that the responsibility of the Operator is sought because of such behaviour by one of its Customers, the latter undertakes to guarantee the Operator against any sentence pronounced against him and to reimburse the Operator for all costs, in particular lawyers’ fees, incurred in his defence.

Independently of any additional contractual warranty (commercial warranty) that may be granted, the Products benefit from the legal warranty of conformity provided for in articles L. 217-4 and following of the French Consumer Code (in particular L. 217-4 to L. 217-14 of the French Consumer Code), and the warranty for hidden defects provided for in articles 1641 to 1649 of the French Civil Code.

When you act within the framework of the legal guarantee of conformity:

  • you have two (2) years from the delivery of the goods to act ;
  • you can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
  • you are exempt from proving the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods (except for second-hand goods).
  • You can decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code.

-RESERVATION OF PROPERTY

SOLLEN remains the owner of the goods until full payment has been made.

The property of the goods is therefore reserved for us until all claims have been paid, if payment is made in instalments.

In the event of non-payment, SOLLEN reserves the right to demand full payment or to take back the goods in their entirety. The Customer will be responsible for the goods as soon as they are handed over : the transfer of possession entails the transfer of risk.

-INFORMATICS AND FREEDOM

The personal data provided by the Customer are necessary for the processing of his order as well as for the establishment of invoices.

These data may be communicated to SOLLEN partners responsible for the execution, processing, management and payment of orders. The processing of information provided through the SOLLEN website has been declared to the CNIL. The buyer has a permanent right of access, modification, rectification and opposition regarding the information concerning him. This right can be exercised under the conditions and according to the procedures defined on the SOLLEN website.

-PARTIAL NON-VALIDATION

If one or more stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent jurisdiction, the other stipulations will keep all their force and their scope.

-NON-WAIVER

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these terms and conditions shall not be construed for the future as a waiver of the obligation in question.

-LANGUAGE OF THE CONTRACT

The present General Conditions of Sale are written in French language. In the event that they are translated into one or more foreign languages, only the French text is binding in the event of a dispute.

-RESPONSIBILITY

The products offered on the website www.sollen-design.com comply with the French legislation in force. The responsibility of SOLLEN could not be committed in case of non-compliance with the legislation of the country where the product is delivered.

The visuals illustrating SOLLEN furniture are not contractual since they are only non-substantial differences (colors, appearance, aspect of the material). Only the technical characteristics of the product are concerned (structure, material, dimensions).

-COMPUTER LAWS

In strict compliance with Law No. 2018-493 of June 20, 2018 related to the protection of individuals with regard to personal data amending Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms of the same date, to incorporate the provisions of European Regulation No. 2016/679 of the European Parliament and of the Council on the protection of personal data and on the free movement of such data, and repealing Directive 95/46 EC of April 27, 2016, the Customer’s personal data is collected and processed.

The Customer has the right to withdraw his consent to the processing of his data as well as a right of access, at any time. It is also possible to access a right of rectification, erasure, limitation of processing, portability of data and a right of opposition. To do so, the customer must send a letter to the head office of SOLLEN : Hangar 15, Quai des Chartrons – 33300 BORDEAUX / SAS MEELOA

-INTELLECTUAL PROPERTY

All elements on the Site are and remain the exclusive intellectual property of SOLLEN.

The Customer is not authorized to reproduce, exploit, disseminate and thus use the elements of the SOLLEN Site, whether published in any format : visual or audio.

In accordance with the law N°92-597 of July1st, 1192 relative to the Code of the Intellectual Property, it is also forbidden to extract or reproduce the images, drawings, sound documents or video sequences as well as the texts in any document format.

-MAJOR FORCE

Any circumstances beyond the control of the parties that prevent the performance of their obligations under normal conditions shall be considered as grounds for exemption from the obligations of the parties and shall result in their suspension.

The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence and of their disappearance.

Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties, and which could not be prevented by the latter, despite all reasonably possible efforts. It is expressly stated that, in addition to the usual cases of force majeure or fortuitous events, the following are considered to be cases of force majeure or fortuitous events, as defined by the jurisprudence of the French courts and tribunals blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customer.

The parties will meet to review the impact of the event and agree on the conditions under which the performance of the contract will continue. If the case of force majeure lasts longer than three months, these terms and conditions may be terminated by the injured party.

-LITIGATION AND MEDIATION

In the event of a possible dispute between the Professional and the Client, both parties shall endeavor to find an amicable solution.

If this is not the case, the Customer may have recourse to conventional mediation, in particular with the Commission for Consumer Mediation or after the existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute. The Ombudsman’s name, contact information and email address are available on our website.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link : https://webgate.ec.europa.eu/odr/.