Our general conditions of sale

Article 1 Scope

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by SAS ECY (“the Seller”) to consumers and non-professional buyers (“Customers or the Customer”), wishing to acquire the products offered for sale by the Seller (“the Products”) on the website www.dekory.fr

In particular, they specify the conditions of ordering, payment, delivery and management of any returns of products ordered by Customers.

These General Terms and Conditions of Sale may be supplemented by special conditions, set out on the website, before any transaction with the Customer.

These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible at any time on the www.dekory.fr website and will prevail, if necessary, over any other version or any other contradictory document.

These General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is the one in force on the website on the date of placing the order.

Article 2 Products offered for sale

The Products offered for sale on the www.dekory.fr website are as follows:

  • Decoration
  • Metal wall decoration
  • Mirror
  • Metal clock
  • Art of the Table

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website www.dekory.fr

The Customer is required to read it before placing an order.

The choice and purchase of a Product is the sole responsibility of the Customer.

The photographs and graphics presented on the www.dekory.fr website are not contractual and can not engage the responsibility of the Seller.

The Customer is required to refer to the description of each Product in order to know its properties, essential characteristics and delivery times, as well as, in the event of continuous or periodic supply of goods, the minimum duration of the proposed contract.

The contractual information is presented in French and is confirmed at the latest at the time of validation of the order by the Customer.

Article 3 Period of validity of the offer of Products

Product offers are within the limits of available stocks, as specified when placing the order.

Article 4 Seller’s contact details

The Seller’s contact details are as follows:

SAS ECY

8 Gloeckelsberg Street
67000 Strasbourg/France

contact@dekory.fr

In accordance with the Data Protection Act of 6 January 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) which came into force on 25 May 2018, the Customer has, at any time, a right of access, rectification, opposition, erasure and portability of all of his personal data by writing, by mail and justifying his identity, to the Seller’s address, mentioned above.

The validation of the order by the Customer implies acceptance without restriction or reservation of these General Terms and Conditions of Sale.

The Customer acknowledges having the required capacity to contract and acquire the Products offered on the website www.dekory.fr

Article 5 Commands

5-1 . Placing the order

It is up to the Customer to select on the website www.dekory.fr the Products he wishes to order, according to the following modalities:

The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is his responsibility to verify the accuracy of the order and to report or rectify any errors immediately.

The registration of an order on the www.dekory.fr website is carried out when the Customer accepts these General Terms and Conditions of Sale by ticking the box provided for this purpose and validates his order. This validation implies acceptance of all these General Terms and Conditions of Sale as well as the general conditions of use of the website www.dekory.fr

The sale is final only after the Customer has been sent confirmation of acceptance of the order by the Seller by e-mail, which must be sent without delay and after receipt by the latter of the full price.

Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the terms described above, on the website www.dekory.fr constitutes the formation of a contract concluded remotely between the Customer and the Seller.

Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.

The Seller 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.

The Customer will be able to follow the progress of his order on the website www.dekory.fr in the “Order tracking” section.

5-2 . Modification of the order

Any changes to the order by the Customer may only be taken into account by the Seller within the limits of its possibilities and provided that they are notified by e-mail to the following address: contact@dekory.fr to the Seller at least 2 days before the scheduled date for the shipment of the order.

Custom orders can no longer be modified once the order has been validated.

In the event that these modifications cannot be accepted by the Seller, any sums paid when placing the order by the Customer as defined in the article “Terms of payment” of these General Terms and Conditions of Sale will automatically be acquired by the Seller and may not give rise to any refund.

5-3 . Cancellation of the order

Orders cannot be cancelled by the Customer except the exercise of the right of withdrawal or force majeure.

In case of cancellation of the order by the Customer after its acceptance by the Seller less than 3 days before the date scheduled for the supply of the Products ordered, for any reason whatsoever except the exercise of the right of withdrawal or force majeure, the payment made at the time of the order, as defined in the article “Terms of payment” of these General Terms and Conditions of Sale will be automatically acquired by the Seller and will not give rise to any refund.

Section 6 Rates

The Products are supplied at the prices in force appearing on the www.dekory.fr website, when the order is registered by the Seller. Prices are expressed in Euros, including VAT.

The prices take into account any reductions that would be granted by the Seller on the website www.dekory.fr

These prices are firm and non-revisable during their period of validity, as indicated on the www.dekory.fr website, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They include processing, shipping, transportation and delivery costs.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

Section 7 Terms of payment

The price is payable in cash, in full on the day the order is placed by the Customer by secure payment, according to the following terms:

  • By credit card: Credit Card, Visa, MasterCard
  • PayPal
  • By phone: Google Pay

Payment by credit card is irrevocable, except in case of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.

Article 8 Deliveries

The Products ordered by the Customer will be delivered in metropolitan France, Europe, Canada and the United States within 5 to 15 days from the shipment of the order.

Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above. However, these deadlines are indicative. If the Products ordered have not been delivered within 30 days after the indicative date of delivery, for any reason other than force majeure or the fact of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in Articles L 216-2 L 216-3 L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.

In case of non-conformity of the Product delivered, the Seller – undertakes to remedy it or to reimburse the Customer, as indicated in the article – “Responsibility of the Seller – Warranty”.

The Seller bears the risks of transport and is obliged to reimburse the Customer in the event of damage caused during transport.

Deliveries are made by an independent carrier, to the address mentioned by the Customer when ordering and to which the carrier can easily access.

Article 9 Transfer of ownership – Transfer of risk

The transfer of ownership of the Seller’s Products, to the benefit of the Customer, will only be made after full payment of the price by the latter, regardless of the date of delivery of the said Products.

Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only be made when the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of the Seller.

Article 10 Right of withdrawal

In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen days (14 days at most following the communication of the decision to withdraw) following the notification to the Seller of the Customer’s decision to withdraw.
Returns are to be made in their original condition and complete (packaging, accessories, instructions …) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products will not be taken back.

In case of exercise of the right of withdrawal within the aforementioned period, only the price of the Product (s) purchased and the delivery costs are refunded; the return costs remaining the responsibility of the Customer.

The refund will be made within fourteen days (maximum 14 days) from the notification to the Seller of the decision to withdraw.

Section 11 Seller’s Liability – Warranty

The Products sold on the www.dekory.fr website comply with the regulations in force in France and have performances compatible with non-professional uses.

The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions,

  • the legal guarantee of conformity, for Products apparently defective, damaged or damaged or not corresponding to the order,
  • the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and making them unfit for use,

under the conditions and according to the modalities referred to in the box below and defined in the appendix to these General Terms and Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).

It is recalled that within the framework of the legal guarantee of conformity, the Customer has a period of two years from the delivery of the good to act against the Seller; – may choose between the repair or replacement of the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code; is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following the delivery of the Product.

The legal guarantee of conformity applies independently of the commercial guarantee that may cover the Product. The Customer may decide to implement the warranty against hidden Product defects in accordance with Article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.

Indeed, Article L.217-3 of the Consumer Code provides:

‘The seller shall deliver goods in conformity with the contract and with the criteria set out in Article L.

217-5. He is liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article

L. 216-1, which appear within two years of that date.’

The Seller will refund or replace the Products or parts under warranty found to be non-conforming or defective.

Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.

Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days of the Seller’s finding of the lack of conformity or hidden defect.

The refund will be made by crediting the Customer’s bank account.

The Seller cannot be held liable in the following cases:

  • non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,
  • in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.

The Seller’s warranty is, in any event, limited to the replacement or refund of non-compliant or defective Products.

Section 12 Protection of personal data

Pursuant to Law 78-17 of 6 January 1978 amended by Law No. 2018-493 of 20 June 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular.

This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.

The processing of information communicated through the website www.dekory.fr meets the legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.

The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification, opposition of portability and limitation of processing with regard to information concerning him.

This right may be exercised under the conditions and according to the modalities defined on the website www.dekory.fr

Section 13 Intellectual property

The content of the www.dekory.fr website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting, parasitism and act of unfair competition.

Article 14 Fortuity

These T&Cs expressly exclude the legal regime of unforeseeability provided for in Article 1195 of the Civil Code for all sales operations of Products from the Seller to the Customer. The Seller and the Customer therefore each waive the right to invoke the provisions of Article 1195 of the Civil Code and the regime of unforeseeability provided for therein, undertaking to assume its obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time of the conclusion of the sale, even if their execution would prove excessively onerous and to bear all the economic and financial consequences.

Section 15 Force majeure

The Parties cannot be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

Section 16 Applicable law – Language

These General Terms and Conditions of Sale and the operations resulting from them are governed by French law.

They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.

Section 17 Disputes

All disputes to which the purchase and sale operations concluded pursuant to these general conditions of sale could give rise, concerning both their validity, interpretation, execution, termination, consequences and consequences and which could not be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.

The Customer is informed that he may in any case resort to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or with existing sectoral mediation bodies or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

Section 18 Pre-contractual information – Customer acceptance

The fact that a natural (or legal) person orders on the website www.dekory.fr implies full acceptance and acceptance of these General Terms and Conditions of Sale and obligation to pay for the Products ordered, which is expressly acknowledged by the Client, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.

APPENDIX 1 Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of 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 this has been charged to him by the contract or has been carried out under his responsibility.

Article L217-5 of the Consumer Code

To comply with the contract, the property must:

Be fit for the use usually expected of a similar good and, where applicable:

correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model

present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling

Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted.

Article L217-12 of the Consumer Code

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article L217-16 of the Consumer Code

When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days shall be added to the duration of the guarantee which remained to run. This period runs from the buyer’s request for intervention or the making available for repair of the property in question, if this provision is subsequent to the request for intervention.

Article 1641 of the Civil Code

The seller is bound by the guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would have given a lower price, if he had known them.

Article 1648 paragraph 1 of the Civil Code

The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.