ARTICLE 1 - Scope of application

TRADIS, a limited liability company with a capital of €10,000, registered with the Saintes Trade and Companies Register under number 531 619 161, intracommunity VAT number FR82531619161, whose registered office is located at 3 rue des Garlus, 17800 Pons (hereinafter referred to as "TRADIS"). These General Terms and Conditions of Sale (hereinafter referred to as the "GTCS") apply to all sales concluded by TRADIS on the www.tradis-design.com website (hereinafter referred to as the "Website"). 

In particular, they specify the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers. The Products offered for sale on the www.tradis-design.com website are as follows: solid wood furnishings and associated services (shop fitting services).

The Services offered for sale on the www.tradis-design.com website are as follows: shop fitting services.

Any customer of the Website (hereinafter the "Customer") who orders products sold by TRADIS (hereinafter the "Products") on the Website implies full and unreserved acceptance of these GTC, which shall prevail over any other special conditions of the Customer, in particular the Customer's general terms and conditions of purchase, unless previously waived in writing by TRADIS. TRADIS reserves the right to modify the GTC at any time, the new GTC being applicable as soon as they are published online, excluding transactions in progress. Customers who wish to keep a copy of this version should print it out or save it on their computer.

The choice and purchase of a Product is the sole responsibility of the Customer. The Customer must refer to the description of each Product in order to find out about its properties and essential characteristics. Product offers are subject to availability, as specified when the order is placed.

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

These General Terms and Conditions of Sale are accessible at all times on the www.tradis-design.com website and will prevail, where applicable, over any other version or any other contradictory document.

The Customer declares that he/she has read these General Terms and Conditions of Sale and has accepted them by ticking the appropriate box before placing an order online, as well as the general terms and conditions of use of the www.tradis-design.com website.

As these General Terms and Conditions of Sale may be subject to subsequent amendment, the version applicable to the Customer's purchase is that in force on the website on the date the order is placed.

In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer.

Validation of the order by the Customer implies unreserved acceptance of these General Terms and Conditions of Sale.

The Customer acknowledges having the capacity required to contract and purchase the Products offered on the www.tradis-design.com website.

TRADIS is registered with the Registre national des metteurs sur le marché d'éléments d'ameublement under number FR024366_10SVLP.

ARTICLE 2 - PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE

The fact that a natural person (or legal entity) places an order on the www.tradis-design.com website implies full and unreserved acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products ordered, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Vendor.

ARTICLE 3 - PROFESSIONAL STATUS

3.1 The Site is reserved exclusively for professionals, in particular retailers, for the provision of Fitting Services. To this end, when registering on the Site, the Customer must provide the name of their company and their field of activity.

3.2 The Customer undertakes to make its purchases on the Site (hereinafter referred to as the "Purchases") solely for the purposes of its professional activity. This commitment is evidenced in particular by a "click" when validating each order.

ARTICLE 4 - ORDERS

4.1 Customer account

All Purchases made on the site are subject to the creation of an account by the Customer. The Customer must provide all the information required for TRADIS to be able to process their orders (invoicing, delivery), in particular:

  • Company name and, if applicable, SIRET number,
  • Surname and first name,
  • Their postal address and email address,
  • If applicable, its intra-community VAT number.

The Customer undertakes to update this information as soon as there is a change in its contact details.

4.2 Ordering Products

It is the Customer's responsibility to select the Products they wish to order on the www.tradis-design.com website, in accordance with the following procedures:

  • Creation of a customer account
  • Selection of Products
  • Validation of the Basket
  • Confirmation of delivery charges and address
  • Confirmation of the order
  • Payment
  • Order confirmation received by email

The minimum order value is set at €500 excluding VAT. In exceptional circumstances, the Seller reserves the right to accept a lower order subject to the payment of administrative costs to be borne by the Buyer.

The Products are presented on the Site with a description enabling the Customer to know their essential characteristics and their price.

Contractual information is presented in French and is confirmed at the latest when the Customer confirms the order.

The availability of a Product is indicated on its description sheet. The Product may be "in stock" or "on order". TRADIS uses its best efforts to ensure the accuracy of product availability. However, TRADIS cannot be held responsible if such information proves to be inaccurate.

The customer confirms their choice of Product(s) by validating their basket and acknowledges and accepts these GTCS by clicking to validate. They then proceed to pay for their order in accordance with the conditions set out in Article 7 of the GTCS.

The sale will only be considered final once the Seller has sent the Customer confirmation of acceptance of the order by e-mail and once the Seller has received payment in full.

If the Product is not available, TRADIS undertakes to inform the Customer within one (1) working day following the Order Confirmation referred to in point (3.6) above. In this situation, TRADIS may either offer the Customer a similar or equivalent Product, offer to cancel the order, or indicate a new delivery date. In the event that the Customer has ordered several Products, only the contract for the sale of the unavailable Product is covered by the above provisions.

If the Product is available, TRADIS makes a firm commitment to dispatch the Product within 7 days of the Order Confirmation. The Customer's bank account will then be debited for the amount of the order.

4.3 Ordering layout services

Layout Services may only be ordered by professionals.

It is the Customer's responsibility to select the Services they wish to order on the www.tradis-design.com website, in accordance with the following procedures:

  1. Creation of a customer account
  2. Selection of Services
  3. Selection of any options (1-hour surcharge for the telephone appointment, Priority delivery of plans within 4 working days, Second layout proposal)
  4. Validate Basket
  5. Order validation
  6. Payment
  7. Order confirmation received by email

The customer confirms their choice of Service(s) by validating their basket and acknowledges and accepts these GTS by clicking to validate. They then proceed to pay for their order in accordance with the conditions set out in Article 7 of the GTCS.

The Customer is invited to fill in the form enabling him to describe his project, indicating in particular the surface area of the shop to be fitted out and the budget.

The Customer undertakes to send TRADIS the plans of the commercial premises which are the subject of their project, and to select the inspirational photos for a better understanding of the choices of ambience and styles sought.

The Customer may then select a meeting with the TRADIS interior design department.

During this telephone meeting, which lasts approximately 30 minutes (additional time is chargeable on option), the project can be refined.

TRADIS makes a firm commitment to send the 3D visuals within 10 working days of the telephone call between the Customer and TRADIS. If the Customer has purchased the express delivery option, this period will be reduced to 4 working days.

The 3D visuals can be accessed via the customer area.

The Customer is informed that the 3D visuals are sketches giving a realistic view, according to the information provided by the Customer to TRADIS.

The rendering of the visuals cannot be considered contractual, in that they are produced using synthetic images which may present a perception different from reality.

Any additional proposal or modification (other than the deletion of elements) will be carried out after payment of the corresponding option on the site by the Customer.

Any change to the floor plan of the premises will give rise to the purchase of a new Layout Service.

The sending of 3D visuals by TRADIS does not imply any obligation on the part of the Customer to purchase.

Once the 3D visuals have been validated, the Customer will be able to access a quote and a pre-filled basket containing the furniture selected by TRADIS.

The Customer may then order the Products in accordance with these General Terms and Conditions of Sale.

4.4 Sales contract

Any order placed on the www.tradis-design.com website constitutes the formation of a contract concluded remotely between the Customer and the Vendor.

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.

An order is registered on the Vendor's site when the Customer accepts these General Terms and Conditions of Sale by ticking the box provided for this purpose and validating the order. The Customer has the opportunity to check the details of their order and its total price and to correct any errors before confirming their acceptance (article 1127-2 of the French Civil Code). This validation implies acceptance of these General Terms and Conditions of Sale in their entirety and constitutes proof of the sales contract. It is therefore the Customer's responsibility to check the accuracy of the order and to report any errors immediately.

ARTICLE 5 - PRODUCT TOLERANCES

As our products are made of solid wood and manufactured by hand, tolerances in terms of flatness and spacing between boards are to be expected. The flatness tolerance is set at 5 mm. The gap tolerance between two wooden planks (boards) is set at 4 mm. 

The customer is informed that there may be slight differences between the photos of the products shown on the website and the products received. The furniture is handcrafted, which means that there may be slight variations in colour compared to the photo on the product sheet. This may be due to colour rendering by software, wood grain and knots, manual finishing, and varnished raw steel metal.

These differences and tolerances do not represent manufacturing defects.

ARTICLE 6 - PRICES

The Products and Services are supplied at the current prices shown on the www.tradis-design.com website when the order is registered by the Seller. The prices of the Products and Services are expressed in Euros and are exclusive of tax and delivery charges. The prices displayed on the Site show the unit amount of any eco-contributions (in particular the WEEE eco-contribution and the WEEE eco-contribution).

The VAT rate applicable is in force at the time the order is validated.

The prices take into account any discounts granted by the Seller on the www.tradis-design.com website.

The company reserves the right to unilaterally modify the prices of its offer at any time, particularly in the event of an increase in costs, it is understood that, in the event of a price increase subsequent to the acceptance of the offer, only the price fixed on the day of this acceptance will be applicable to the customer. They include the costs of processing, dispatch, transport and delivery, under the conditions indicated on the www.tradis-design.com website and calculated before the order is placed.

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

An invoice is drawn up by the Vendor and given to the Customer upon delivery of the Products and Services ordered.

ARTICLE 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, using the following methods:

  • by credit card: Visa, MasterCard
  • by bank transfer
  • by cheque 
  • by postal order

Payment data is exchanged in encrypted mode.

In the case of payment by bank card, the card is debited when the order is placed.

If payment is made by cheque, it must be issued by a bank domiciled in mainland France. The cheque is cashed on receipt, and a message together with the invoice is sent to the customer by e-mail. If full payment is not received within 48 working hours of the order being recorded online, the order will be considered null and void. The goods will not be dispatched until the cheque has been paid into our bank account, which may extend the processing of your order by a few days.

The Vendor shall not be obliged to deliver the Products and/or Services ordered by the Customer if the Customer does not pay the Vendor the price in full in accordance with the above conditions.

Payments made by the Customer will not be considered final until the Vendor has actually received the sums due.

Payments by bank card on our Internet site are secured in accordance with French and international interbank regulations. This solution enables the Customer to make purchases in complete security. The bank details of the Customer paying by bank card are not kept by TRADIS.

Notwithstanding cash payment and in accordance with the French Law on the Modernisation of the Economy no. 2008-776 of 4 August 2008, any delay in payment shall automatically give rise to the application of a penalty equal to the interest rate applied by the ECB to its most recent refinancing operation plus 10 percentage points, payable from the first day of delay.

In addition, in accordance with decree no. 2012-1115 of 2 October 2012, any late payment by the Customer shall automatically give rise to the application of a fixed penalty of forty (40) Euros, without prejudice to the late payment penalties provided for in the previous paragraph.

Failure to pay by the due date shall render all debts owed to the Customer by TRADIS immediately payable, without prior formal notice.

ARTICLE 8 - DELIVERIES

Products can only be sent to addresses in Metropolitan France excluding Corsica, Belgium and Luxembourg. For all other deliveries, the Customer must contact TRADIS via the contact section. Shipping costs are only offered for deliveries in mainland France for all order from 1500€ excluding VAT. For other countries, shipping costs are applied and are defined according to the order volume. 

Once the Product has been dispatched, TRADIS will inform the Customer by sending an e-mail and, if applicable, providing the delivery tracking number.

Delivery times are indicative and run from the time of data verification in the case of delivery without prior payment and from the time of receipt of payment or bank authorisation in the case of delivery with prior payment.

Our deliveries are made within a maximum of 10 working days from confirmation of the order for products "in stock". Under no circumstances may the buyer request compensation or cancellation of the order due to a delay in delivery beyond the seller's control. In this case for any reason considered as force majeure linked to the seller or the carrier.

Deliveries are made by an independent carrier appointed by TRADIS, to the address given by the Customer when the order was placed and to which the carrier has easy access. Deliveries are made on the ground floor only and in front of the shop entrance.

The Products are delivered to the address indicated by the Customer in his/her "Customer Area" when placing the order. It is therefore the sole responsibility of the Customer to ensure that the information they provide to TRADIS for this purpose is and remains correct and that it will enable them to receive the Products they purchase on the Site. If the delivery address provided by the Customer is incorrect, the Products will be reshipped at the Customer's expense.

Any change (change of address, request for delivery to a floor, access requiring a VL, etc.) requested by the Customer after the order has been sent and which is different from what was planned at the time the order was placed will be invoiced in full to the end Customer.

Delivery by appointment is intended for Professional Customers. Individual Customers will not be able to benefit from this service unless the Customer pays additional charges. For this, the Customer must contact customer services via the "contact" section.

Delivery occurs by handing over the Products to the Customer against signature of a delivery note. If the Customer is absent on the day of delivery, a new delivery will be automatically scheduled for the following day. The costs of this new presentation will be invoiced to the customer and must be paid before delivery.

Except in special cases or where one or more Products* are unavailable, the Products ordered will be delivered in a single delivery. If the Vendor delivers the goods in several parts, each delivery will constitute a separate contract. The Customer may not treat the contract (in its entirety) as terminated if the Seller fails to deliver one or more of the parties or if the Customer has a claim against one or more of the parties.

Delivery consists of the transfer to the Customer of physical possession or control of the Product. It is the Customer's duty to check the Product for any damage in the presence of the carrier. To do this, the Customer must check the overall condition but also open the package to ensure that it is in good condition. If any damage is found, the customer must make specific reservations on the carrier's delivery note and refuse the goods. If no reservations are made and the goods are accepted, the delivery is considered to be in order. We will not reimburse a customer if this check has not been carried out at the time of delivery and no reservations have been noted on the delivery note.

The Vendor will reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the Customer has duly proved the lack of conformity or the apparent or hidden defects, under the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these General Terms and Conditions of Sale (see guarantees, in particular).

In the event that the order has not been collected in time by the customer during delivery to a relay point and that it is returned to us after the defined deadline or if the customer has refused delivery, return costs of €69 excluding VAT per pallet will be applied and deducted from the refund of the order. If, on the other hand, it turns out that we are responsible for the error, we will send the customer a return label by e-mail, and the return costs will be at our expense.

* ATTENTION: Our stock items are available within 7 days, and our made-to-order items within 6 to 12 weeks depending on the items selected. If you order several pieces of furniture with different lead times, the longest lead time will be taken into account in order to send you your entire order. If you don't want to wait, we invite you to place 2 separate orders (minimum order of €500 excluding VAT applies per order).

Reservations with the carrier

Upon delivery of the Product, the Customer must carefully check for any apparent damage. In the event of apparent damage (for example damaged package, already opened, missing packages, such and such an item damaged in such and such a place, etc.), the Customer must refuse the Product or accept it with written precise and reasoned reservations. The Customer is hereby informed that any reservations must be made immediately to the delivery person and must be specified directly on the delivery note; any general reservation such as "subject to unpacking, packaging intact" has no value. The reservations must be detailed and describe the damage(s) suffered by the product. The customer is hereby informed that the absence of any written reservations on the delivery note constitutes delivery of the product in accordance with the terms of the contract. Any reservations must be confirmed by registered letter with acknowledgement of receipt within 3 days, in accordance with articles L133-3 et seq. of the French Commercial Code. Please send us all photos (packaging + furniture) by return e-mail. 

If for any reason whatsoever, the customer has not been able to express sufficiently precise written reservations and wishes to provide clarification, they must send a registered letter with acknowledgement of receipt to the TRADIS head office within 24 hours. To ensure better follow-up, they may also send a copy of this registered letter to serviceclient@tradis-design.com.

To obtain a replacement or refund of the product, the customer must comply with the procedure described above.

Any refusal of delivery, for an appointment not confirmed after dispatch, or for an absence during the confirmed appointment, is considered as a withdrawal. The corresponding fee will be deducted from the refund when the product is returned to TRADIS. (see Article 10 right of withdrawal).

Damaged or non-compliant Products

Within thirty (30) days of receipt of the order, the Customer may enter any complaint concerning the Products ordered in his/her account, based on the following criteria:

  • Product not in conformity: the Product received does not correspond to the Product ordered;
  • Damaged Product: the Product received is broken or damaged.

If the Customer's complaint is well-founded, the dispute declared by the Customer will give rise, depending on the case :

  • either an exchange of the Product ordered,
  • or reimbursement by TRADIS.

If the Product does not conform, the Customer must return the Product concerned in the condition in which it was received, in its original packaging and on a pallet, with all the accompanying items (accessories, packaging, instructions). TRADIS and the Customer will jointly choose the appropriate method of transport for the return, depending on the volume and weight of the Product.

If the Product is broken or damaged: the Customer must, at the request of TRADIS :

  • Either return the Product concerned in the condition in which it was received, in its original packaging, with all accompanying items (accessories, packaging, instructions). TRADIS and the Customer will jointly choose the appropriate method of transport for the return, depending on the volume and weight of the Product.
  • Provide sufficient proof of the damage to the Product (including photographs).

If the Customer returns the Product concerned, the refund will only be made once TRADIS has received it.

Product not received

Within twenty-one (21) working days of the Order Confirmation, the Customer may report the non-receipt of the Product in his/her account.

If it is established that the non-receipt by the Customer is not due to a delay, the dispute declared by the Customer will give rise to the reshipment of the Product.

If it is established that non-receipt is due to a delay not attributable to TRADIS, TRADIS will inform the Customer of a new date of receipt.

If it is established that non-receipt is due to a delay attributable to TRADIS, the Customer will have the choice between :

  • Cancellation of the order resulting in a refund,
  • Setting a new delivery date.

ARTICLE 9 - TRANSFER OF OWNERSHIP - TRANSFER OF RISKS

The transfer of ownership of the Seller's Products to the Customer will only take place after full payment of the price by the Customer, regardless of the date of delivery of the Products. TRADIS reserves the right to demand the return of the Products in the event of non-payment of the full price by the Customer.

Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating to them will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.

The Customer undertakes not to pledge the Products covered by this retention of title clause. The Customer undertakes to notify all its creditors of this retention of title clause.

REMINDER

Delivery consists of the transfer to the Customer of physical possession or control of the Product. It is the Customer's duty to check, in the presence of the carrier, whether there is any damage to the Product. To do this, the Customer must check the overall condition but also open the parcel to ensure that it is in perfect condition. If any damage is found, the customer must make specific reservations on the carrier's delivery note and refuse the goods. If no reservations are made and the goods are accepted, the delivery is considered to be in order. We will not reimburse a customer if this check has not been carried out at the time of delivery and no reservations have been noted on the delivery note.

ARTICLE 10 - RIGHT OF WITHDRAWAL

10.1. - Right of withdrawal for Professional Customers

In accordance with article L221-3 of the Consumer Code, the right of withdrawal between professionals is only applicable when the following three conditions are met:

  • The contract must be concluded off-premises,
  • the subject of the contract must not fall within the scope of the company's main business,
  • the company must have five or fewer employee

When the three conditions for exercising the right of withdrawal are met, the Customer has a period of fourteen days from receipt of the Product, or from receipt by a third party other than the carrier, designated by the Customer, to exercise his right of withdrawal from the Vendor (C. consom. art. L 221-18). Products must be returned in their original packaging and in perfect condition within 14 days following notification to the Vendor of the Customer's decision to withdraw.

Products must be returned in their original and complete condition (packaging, accessories, instructions, etc.) so that they can be remarketed as new, accompanied by the purchase invoice.

Products that are damaged, soiled or incomplete cannot be returned.

The right of withdrawal may be exercised using the standard withdrawal form attached to these GTCs or by email (serviceclient@tradis-design.com) or by post for the attention of TRADIS - Service clients TRADIS, 3 rue des Garlus, 17800 PONS indicating :

  • the order date
  • the order number
  • the customer's name
  • the customer's address
  • Customer signature

in which case the Vendor will immediately send the Customer an acknowledgement of receipt on a durable medium, or any other unambiguous statement expressing the Customer's wish to withdraw.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be reimbursed; the cost of returning the Product(s) will be borne by the Customer. To this end, a charge of €69 excluding VAT per pallet will be deducted from the refund.

The refund will be made within 14 days of receipt by the Vendor of the Products returned by the Customer in accordance with the conditions set out in this article.

10.2. - Consumer Customer's right of withdrawal

In accordance with the provisions of the Consumer Code, the Customer, as a consumer, has a period of fourteen days from receipt of the Product, or from receipt by a third party, other than the carrier, designated by the Customer, to exercise his/her right of withdrawal from the Vendor (C. consom. art. L 221-18). Products must be returned in their original packaging and in perfect condition within 14 days following notification to the Vendor of the Customer's decision to withdraw.

Products must be returned in their original, complete condition (packaging, accessories, instructions, etc.) so that they can be remarketed as new, accompanied by the purchase invoice.

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

The right of withdrawal may be exercised using the standard withdrawal form available in Appendix 3 or by email (serviceclient@tradis-design.com) or by post to the attention of TRADIS - Service clients TRADIS, 3 rue des Garlus, 17800 PONS indicating :

  • the order date
  • the order number
  • the customer's name
  • the customer's address
  • Customer's signature

In this case the Vendor will immediately send the Customer an acknowledgement of receipt on a durable medium, or any other unambiguous statement expressing the Customer's wish to withdraw.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be reimbursed; the cost of returning the Product(s) will be borne by the Customer. To this end, a charge of €69 excluding VAT per pallet will be deducted from the refund.

The refund will be made within 14 days of receipt by the Vendor of the Products returned by the Customer in accordance with the conditions set out in this article.

ARTICLE 11 - SELLER'S LIABILITY - WARRANTY

The Products sold on the www.tradis-design.com website comply with the regulations in force in France and their performance is compatible with professional use. 

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

  • the legal guarantee of conformity, for Products that appear to be defective, spoiled or damaged or that do not correspond to the order,
  • the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the Products delivered and rendering them unfit for use,

under the terms and conditions set out in the box below and defined in the appendix to these General Terms and Conditions of Sale (Warranty of Conformity / Warranty against Hidden Defects).

It should be noted that under the legal guarantee of conformity, the Customer has a period of two years from the date of delivery of the goods in which to take action against the Vendor; 

  • may choose between repairing or replacing the Product ordered, subject to the cost conditions set out in article L 217-9 of the French Consumer Code;
  • is exempted from having to prove the existence of the Product's lack of conformity during the six months following delivery of the Product. This period is extended to twelve months for second-hand goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may cover the Product. The Customer may decide to invoke the warranty against hidden defects in the Product in accordance with Article 1641 of the French Civil Code; in this case, the Customer may choose between rescinding the sale or reducing the sale price in accordance with Article 1644 of the French Civil Code.

It should be noted that under the legal guarantee of conformity, the Customer has a period of two years from delivery of the goods to take action against the Vendor; 

  • may choose between repairing or replacing the Product ordered, subject to the cost conditions set out in article L 217-9 of the French Consumer Code;
  • is exempted from having to prove the existence of the Product's lack of conformity during the six months following delivery of the Product. This period is extended to twelve months for second-hand goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may cover the Product. The Customer may decide to invoke the warranty against hidden defects in the Product in accordance with Article 1641 of the French Civil Code; in this case, the Customer may choose between rescinding the sale or reducing the sale price in accordance with Article 1644 of the French Civil Code.

In order to assert his/her rights, the Customer must inform the Vendor, in writing, of the non-conformity of the Products within a maximum period of 60 days from delivery of the Products or of the existence of hidden defects within the aforementioned periods and return the defective Products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).

The Vendor will reimburse, replace or repair Products or parts under warranty that are deemed to be non-compliant or defective. The Warranty is limited to the replacement of the Product found to be defective and does not cover any material or immaterial and/or indirect damage resulting from this defect. The replacement of defective products or parts will not have the effect of extending the duration of the guarantee.

Article L211-9 of the French Consumer Code: "In the event of a lack of conformity, the buyer may choose between repairing or replacing the goods.

However, the seller may not proceed according to the buyer's choice if this choice would result in a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the significance of the defect. In this case, the seller is obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.

The benefit of the Guarantee is excluded in the event of deliberate deterioration or use of the Product that does not comply with its instructions for use.

Postage costs will be reimbursed on the basis of the invoiced rate and return postage costs will be reimbursed on presentation of receipts.

Reimbursements for Products deemed to be non-compliant or defective will be made as soon as possible and at the latest within 15 days of the Seller's finding of the non-compliance or hidden defect.

Refunds will be made by crediting the Customer's bank account or by cheque sent to the Customer.

The Vendor may not be held liable in the following cases: 

  • failure to comply with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,
  • in the event of misuse, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.

Article L211-12 of the French Consumer Code: "Any action resulting from a lack of conformity is time-barred after two years from delivery of the goods.

The consumer must take every precaution to ensure that the product(s) are packaged and protected as much as they were in their original packaging. Products must be returned to the consumer on a pallet and properly shrink-wrapped.

Only products with defects covered by the guarantee will be reimbursed in full. If the consumer returns products without defects at the same time as products with defects, return costs will be applied to the products without defects (€69 excluding VAT per pallet). 

In the event of a proven dispute, the goods will be returned to the customer within 15 days.

ARTICLE 12 - INTELLECTUAL PROPERTY

The content of the www.tradis-design.com 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 infringement of copyright.

All texts, comments, works, illustrations, works and images reproduced or represented on the Site are strictly reserved under copyright law and intellectual property law, for the entire duration of the protection of these rights and for the entire world. 

The trademarks appearing on the Site are the property of their owner and any unauthorised use would constitute an act of infringement.

ARTICLE 13 - PERSONAL DATA

TRADIS attaches great importance to protecting and respecting the privacy of its Customers and their personal data and undertakes to comply with the applicable regulations, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016. 

TRADIS collects and processes the personal data of its Customers in order to manage the various stages of the order, answer questions and carry out satisfaction surveys following an order. Customers have the right to access, rectify, oppose and delete their personal data. They may also request the limitation and portability of this data. 

Customers may exercise these rights by writing to dpo@tradis-design.com, specifying their contact details (name, SIREN number, registered office address, contact details). TRADIS may be required to verify the identity of the Customer in order to secure the processing of their request. For more detailed information on TRADIS' practices relating to personal data, the Personal Data Protection Policy is accessible in Appendix 2.

ARTICLE 14 - FORCE MAJEURE

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations as described herein is the result of a case of force majeure, within the meaning of article 1218 of the French Civil Code.

The following in particular are expressly assimilated to cases of force majeure releasing the Seller from its obligation to deliver within the time limits initially set: fire, flooding, production or transport strikes, including by any part of its personnel, shortages of raw materials, energy and means of transport. 

In such circumstances, the performance of any order will be suspended ipso jure, without compensation, from the date of occurrence of the event.

If the event lasts for more than 30 days, the sales contract concluded between the Vendor and the Customer may be terminated by the most diligent party, without either party being entitled to claim damages. 

This termination will take effect on the date of the first presentation of the registered letter with acknowledgement of receipt denouncing the said sales contract.

ARTICLE 15 - PARTIAL NULLITY

If one or more of the stipulations of these GCS are held to be invalid or declared as such in the application of a law, regulation or final decision of a competent court, the other stipulations will retain all their force and scope.

ARTICLE 16 - NON-RENUNCIATION

The fact that one of the Parties does not take advantage of a breach by the other Party of any of the obligations referred to in these GCS shall not be interpreted as a waiver of this obligation.

ARTICLE 17 - APPLICABLE LAW - LANGUAGE

These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law.

In the event that national legislation is more favourable to the Customer than French law, the said more favourable law shall prevail in the event of a dispute.

These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 18 - DISPUTES

In the event of any dispute to which the purchase and sale transactions entered into pursuant to these General Terms and Conditions of Sale may give rise, concerning their validity, interpretation, performance, termination, consequences or consequences and which cannot be resolved between the Vendor and the Customer, the Parties shall endeavour to resolve the dispute amicably.

Any request must be sent to the Vendor by registered letter with acknowledgement of receipt.

In the absence of an amicable agreement :

- If the Customer is a consumer: the Customer may refer the matter free of charge to the Consumer Ombudsman at the following address:

Contact details for the mediator can be obtained from Tradis customer service.

Failing agreement, the dispute will be submitted to the competent courts under the conditions of common law.

Within the framework of Contracts signed with professional Clients, and in the absence of an amicable agreement, the dispute will be subject to the exclusive jurisdiction of the courts within the jurisdiction of the Court of Appeal of Paris, including in summary proceedings, notwithstanding the introduction of third parties or multiple defendants.

- If the customer is a professional: the competent courts will be those within the jurisdiction of the registered office of TRADIS.

ANNEX 1 - PROVISIONS RELATING TO LEGAL GUARANTEES

Article L217-3 of the French Consumer Code

The seller shall deliver goods that conform to the contract and to the criteria set out in Article L. 217-5. 

He shall be liable for any lack of conformity that existed at the time of delivery of the goods, within the meaning of article L. 216-1, and which becomes apparent within two years of delivery. 

In the case of a contract for the sale of goods containing digital elements : 

1° Where the contract provides for the continuous supply of digital content or a digital service for a period of two years or less, or where the contract does not specify the duration of the supply, the seller is liable for any lack of conformity in the digital content or digital service which becomes apparent within two years of delivery of the goods; 

2° Where the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller is liable for any lack of conformity in the digital content or digital service that becomes apparent during the period in which it is supplied under the contract. 

For such goods, the applicable period does not deprive the consumer of his right to updates in accordance with the provisions of article L. 217-19. 

The seller shall also be liable, during the same periods, for any lack of conformity resulting from the packaging, the assembly instructions or the installation, where the latter was his responsibility under the contract or was carried out under his responsibility, or where the incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions supplied by the seller. 

This warranty period applies without prejudice to articles 2224 et seq. of the Civil Code. The starting point for the limitation period for the consumer's action is the day on which the consumer becomes aware of the lack of conformity. 

Article L217-4 of the Consumer Code

Goods conform to the contract if they meet the following criteria, where applicable: 

1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic provided for in the contract; 

2° It is fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of conclusion of the contract and accepted by the latter; 

3° It is supplied with all the accessories and installation instructions that must be provided in accordance with the contract; 

4° It is updated in accordance with the contract.

Article L217-5 of the French Consumer Code

I.- In addition to the criteria of conformity with the contract, goods are considered to be in conformity if they meet the following criteria:

1° It is fit for the use normally expected of goods of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned; 

2° Where applicable, it possesses the qualities that the seller has presented to the consumer in the form of a sample or model, prior to the conclusion of the contract; 

3° Where applicable, the digital elements it contains are provided in the most recent version available at the time the contract is concluded, unless the parties agree otherwise; 

4° Where applicable, it is delivered with all the accessories, including packaging, and installation instructions that the consumer can legitimately expect; 

5° Where applicable, it is supplied with the updates that the consumer may legitimately expect, in accordance with the provisions of article L. 217-19 ; 

6° It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the goods as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.

II. -However, the seller is not bound by any of the public declarations mentioned in the preceding paragraph if he demonstrates : 

1° That he was not aware of them and could not legitimately have been aware of them ; 

2° that, at the time the contract was entered into, the public declarations had been corrected under conditions comparable to the initial declarations; or 

3° That the public statements could not have influenced the decision to purchase. 

III. -The consumer may not contest the conformity by invoking a defect relating to one or more particular characteristics of the goods, which he was specifically informed deviated from the conformity criteria set out in this article, a deviation to which he expressly and separately consented when the contract was concluded. 

Article 1641 of the French Civil Code

The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Article 1643 of the French Civil Code

He is liable for hidden defects, even if he did not know about them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.

Article 1644 of the Civil Code

In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and having part of the price refunded.

Article 1648 paragraph 1 of the Civil Code

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

ANNEX 2 - POLICY ON THE PROCESSING AND PROTECTION OF PERSONAL DATA

What is the purpose of our Personal Data Protection Policy? 

TRADIS would like to remind you of its commitment to respect the trust you have placed in us and to apply the regulations in force in France and the European Union regarding the protection of personal data.

This Personal Data Protection Policy informs you of the conditions under which TRADIS, in its capacity as data controller, collects and uses your personal data. It supplements the information provided to you when you send us your data by filling in a form. For example, when you create a customer account on our website.

This Policy applies to data collected by post or by telephone when you contact our customer service department, as well as when you use our website. It concerns rules relating to the personal data of all our customers and prospective customers, regardless of the channel through which this data is collected. 

It is permanently accessible to everyone at www.tradis-design.com. We invite you to read it carefully and to refer to it regularly.

What data is processed? 

We may process the following categories of personal data:

  • Data relating to your identity: title, surname, first name, address, etc.
  • Contact details: address, telephone number, e-mail address, etc.
  • Financial data: payment information, etc.
  • Commercial data: customer number, purchase history, information relating to your customer account, opinions on our products, customer segment, etc.
  • Technical data: connection data, browsing history, login and password, etc.

This data depends on your interactions with our company: creating a customer account on our site, ordering online, contacting customer service, etc., and on your use of our services and our site.

Failure to provide information marked as mandatory will prevent us from carrying out your request. For example, your delivery address is required to deliver your order.

Why do we process your data? 

For each processing operation, we collect and use only the data that is relevant and necessary for the intended purpose.

We process your data for the purposes of fulfilling a contract with you: Registering and fulfilling your orders, providing you with the services to which you subscribe, processing your requests and complaints, providing after-sales service, and recovering unpaid amounts. 

  • We also use your data for other purposes, enabling us to pursue our legitimate interests, always ensuring that we respect your rights and interests, and where necessary, on the basis of your express consent: To manage and improve customer relations, to improve your experience when using our website, to carry out statistical analyses, to carry out satisfaction surveys, to ensure the management and publication of customer opinions on our products, to prevent abuse and fraud, to inform you of new services or changes to our website.
  • Your data is also used to enable us to comply with our legal or regulatory obligations.

The length of time we keep your personal data depends on the purpose for which it is used.

Will you receive commercial offers? 

We do not use your personal details to send you commercial offers, whether by post, telephone, e-mail or SMS.

Who is your data intended for? 

For the purposes set out above, the recipients of personal data are the duly authorised staff of TRADIS, its service providers, partners and sub-contractors. 

Data may also be transmitted to the competent authorities, at their request, or in order to comply with other legal obligations.

How do we ensure the security of your data? 

We are committed to ensuring the security and confidentiality of your personal data by implementing appropriate technical and organisational measures to prevent its loss, accidental destruction, misuse and unauthorised access.

Is your data processed outside the EU?

We may transfer your data to a country outside the European Union. In such cases, we ensure that the processing carried out complies with a level of protection of personal data corresponding to that required by the regulations.

What are your rights? 

In accordance with the applicable regulations, you have various rights that you can exercise at any time:

You have a right of access, a right of rectification, a right to the deletion of data concerning you, as well as the right to request the portability of the data you have provided to us. 

You have the right to object on legitimate grounds to the processing of your data, or to request that such processing be restricted.

You also have the right to object at any time and without cause to the processing of your data for direct marketing purposes, as well as to profiling where this is carried out for the same purpose. 

You have the right to stipulate instructions concerning the fate of your personal data after your death.

If you do not wish to be contacted by telephone by companies of which you are not a customer, you can register free of charge on the www.bloctel.gouv.fr website.

How to exercise your rights 

To exercise any of your rights, simply write to our Customer Service Department at the following address: TRADIS - Service Clients TRADIS - 3 rue des Garlus - 17800 PONS or by e-mail to: data@tradis-design.com, stating your full name and address. TRADIS may need to verify your identity in order to process your request. 

We will respond to your request within one month of receipt of your complete request. We reserve the right to refuse requests that are manifestly unfounded or excessive. 

TRADIS has appointed a Data Protection Officer (DPO) whose mission is to ensure compliance with applicable regulations and the rules described in this Policy. 

We undertake to do our utmost to respect your rights with regard to your personal data. If, however, you consider that these rights have not been respected, you have the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL), the supervisory authority responsible for ensuring compliance in France with the regulations applicable to the processing of personal data: www.cnil.fr

How do we use cookies? 

To find out more about our commitments regarding the use of your browsing information, please consult our Cookie Policy below.

How can I keep up to date with changes to our Data Protection Policy? 

We undertake to update this Policy from time to time. It is available on our website, which is accessible to everyone, and its application covers the relationship between consumers and TRADIS, regardless of the framework of this relationship: Internet, mail, telephone.

MORE ABOUT COOKIES

Preamble 

This Cookies section tells you more about the origin and use of browsing information processed when you access the www.tradis-design.com website. This section also informs you of your rights. This Policy is therefore important for you, who wish to have a positive and confident experience of our offers and services, and for Us, who wish to answer your questions about the use of your browsing data accurately and completely and to take account of your wishes. 

We may purchase advertising space directly or through our service providers (communication consultancies) in order to promote our activities and offers on third party sites/applications, by means of advertising content (text, graphics, animations, videos, etc.) disseminated by these sites/applications. 

When you visit our site and view our advertising content, information relating to the browsing of your terminal (computer, tablet, smartphone, etc.) may be recorded in "Cookies" files installed on your terminal, subject to the choices you have made concerning Cookies and which you may modify at any time.

What are the cookies used for on this site? 

Only the sender of a cookie can read or modify the information contained in it. 

The cookies we issue on our site 

When you connect to our website www.tradis-design.com, we may, subject to your choices, install various cookies on your terminal, enabling us to recognise your terminal's browser for the duration of the cookie's validity. The cookies we issue are used for the purposes described below, subject to your choices, which result from the settings of your browser software used when you visit our site.

The cookies we use enable us to:

  • compile statistics and volumes of visits to and use of the various elements making up our www.tradis-design.com site (sections and content visited, path taken), enabling us to improve the interest and ergonomics of our services,
  • to adapt the presentation of our site to the display preferences of your terminal (language used, display resolution, operating system used, etc.) during your visits to our site, depending on the hardware and viewing or reading software that your terminal has,
  • to store information relating to a form that you have filled in on our www.tradis-design.com site (registration or access to your account) or to products, services or information that you have chosen on our www.tradis-design.com site (service subscribed to, contents of an order basket, etc.),
  • to allow you to access reserved and personal areas of our site www.tradis-design.com, such as your account, using identifiers or data that you may have previously entrusted to Us,
  • to implement security measures, for example when you are asked to reconnect to content or a service after a certain period of time. 

Cookies issued on our site by third parties...

The issue and use of cookies by third parties are subject to the privacy protection policies of these third parties. We inform you of the purpose of the cookies of which we are aware and of the means available to you to make choices with regard to these cookies. 

... Third-party applications integrated into our site

We may include on our site computer applications from third parties which allow you to share content from our site with other people or to inform these other people of your consultation or your opinion regarding content on our site. This is particularly the case for the "Share" and "Like" buttons on social networks such as "Facebook", "Twitter", "LinkedIn", "Viadeo" and so on.

The social network providing such an application button is likely to identify you thanks to this button, even if you did not use this button when visiting our site. In fact, this type of application button may allow the social network concerned to track your browsing on our site, simply because your account with the social network concerned was activated on your terminal (open session) during your browsing on our site. We have no control over the process used by the social networks to collect information relating to your browsing on our site and associated with the personal data they hold. We invite you to consult the privacy protection policies of these social networks in order to find out how the browsing information they may collect through these application buttons is used, particularly for advertising purposes. These protection policies should enable you to exercise your choices with regard to these social networks, in particular by configuring your user accounts for each of these networks.

Your choices concerning cookies 

You have several options for managing cookies. Any settings you make may affect your browsing on the Internet and your conditions of access to certain services requiring the use of cookies. 

You can choose at any time to express and modify your wishes with regard to cookies, by the means described below. 

Choices offered by your browser software 

You can configure your browser software so that cookies are stored on your terminal or, conversely, so that they are rejected, either systematically or depending on the sender. You can also configure your browser software so that you are offered the option of accepting or rejecting cookies from time to time before a cookie is likely to be stored on your terminal. For more information, see "How to exercise your choices, depending on the browser you are using". 

Agreement on Cookies 

The recording of a cookie in a terminal is essentially subject to the will of the Terminal user, which he or she can express and modify at any time and free of charge through the choices offered to him or her by his or her browser software. 

If you have accepted the storage of cookies in your Terminal in your browser software, the cookies integrated into the pages and content that you have consulted may be stored temporarily in a dedicated space in your Terminal. They will only be readable there by the sender. 

Refusing cookies 

If you refuse to accept cookies on your terminal, or if you delete the cookies stored on your terminal, you will no longer be able to benefit from a certain number of functions which are nevertheless necessary for browsing certain areas of our www.tradis-design.com website. This would be the case if you tried to access our content or services that require you to be identified. This would also be the case if we - or our service providers - were unable to recognise, for technical compatibility purposes, the type of browser used by your terminal, its language and display settings or the country from which your terminal appears to be connected to the Internet.

Where applicable, we decline all responsibility for the consequences linked to the degraded operation of our services resulting from the impossibility for Us to record or consult the cookies necessary for their operation which you would have refused or deleted.

How do you exercise your choices, depending on the browser you use? 

Each browser has a different configuration for managing cookies and your choices. It is described in your browser's help menu, which will tell you how to modify your cookie preferences. 

Please note that this procedure will not prevent advertising from being displayed on your terminal. It will only block technologies that enable advertising to be tailored to your browsing habits and your centres of interest. 

Please note that a cookie is used to take your wishes into account. If you delete all the cookies stored on your terminal (via your browser), we - or our service providers - will no longer know that you have chosen this option. 

Your choices expressed online to inter-professional platforms 

You can connect to the Youronlinechoices site, offered by digital advertising professionals grouped together within the European Digital Advertising Alliance (EDAA) and managed in France by the Interactive Advertising Bureau France. 

This will enable you to find out which companies have registered with this platform and offer you the option of refusing or accepting the cookies used by these companies to adapt the advertising likely to be displayed on your terminal to your browsing information: http://www.youronlinechoices.com/fr/controler-ses-cookies/

This European platform is shared by hundreds of Internet advertising professionals and constitutes a centralised interface enabling you to express your refusal or acceptance of cookies that may be used to adapt the advertising likely to be displayed on your terminal to your browsing information. Please note that this procedure will not prevent the display of advertisements on the websites you visit. It will only block technologies that enable advertising to be tailored to your centres of interest.

What is the purpose of the cookies accompanying our advertising content broadcast by third parties? 

When you access a site/application containing advertising spaces displaying one of our advertisements, this advertisement is likely to contain a cookie. Subject to your choices, this cookie may be stored on your terminal and enable us to recognise your terminal's browser for the duration of the cookie's validity. 

Cookies embedded in our advertisements broadcast by third parties are used for the purposes described below, subject to your choices, which result from the parameters of your browser software used when you visit our site www.tradis-design.com and which you may express at any time.

The Cookies we issue enable us if your terminal has allowed them to be saved, according to your choices: 

count the number of times our advertising content is displayed and activated on third-party sites/applications, identify this content and these sites/applications, and determine the number of users who clicked on each piece of content 

to calculate the sums owed to the players in the advertising distribution chain (advertising agency, advertising network, distribution site/support) and to draw up statistics 

to adapt the presentation of the www.tradis-design.com site to which one of our advertising content leads, 

according to the display preferences of your terminal (language used, display resolution, operating system used, etc.) during your visits to our Site and according to the hardware and software for viewing or reading that your terminal has, 

according to the location data (longitude and latitude) transmitted to us (or to our service providers) by your terminal with your prior consent.

Why do you want to see ads tailored to your browsing habits?

Our aim is to present you with the most relevant advertising possible. To this end, cookie technology makes it possible to determine in real-time which advertising to display to a terminal, depending on its recent browsing on one or more sites or applications. 

Your interest in the advertising content displayed on your terminal when you visit a site often determines the site's advertising resources, enabling it to operate its services, which are often provided to users free of charge. You would no doubt prefer to see advertisements that correspond to what interests you rather than advertisements that are of no interest to you. Similarly, advertisers who wish to see their ads displayed are interested in displaying their offers to users who are likely to be most interested in them.

If you share the use of your terminal with other people

If your terminal is used by several people and when the same terminal has several browsers, We cannot be certain that the services and advertisements intended for your terminal correspond to your own use of this terminal and not to that of another user of this terminal. 

Where applicable, the sharing with other people of the use of your terminal and the configuration of the parameters of your browser with regard to cookies are a matter of your free choice and your responsibility.

Personal data and browsing information

We may adapt our offers and advertising to you based on information relating to the browsing habits of your terminal on our site or on sites or services published by third parties and on which we issue cookies. 

Insofar as you have provided us with personal data concerning yourself, in particular your electronic contact details, when registering or accessing one of our services, we are likely, subject to your choices, to associate browsing information relating to your terminal, processed by the cookies we issue, with your personal data in order to send you, for example, electronic advertising or to display on your terminal, within advertising areas containing cookies issued by us, personalised advertising specifically intended for you, likely to be of personal interest to you. 

You may ask us at any time to stop receiving advertising or marketing tailored to the browsing information on your terminal, by contacting us directly and free of charge, or by using the unsubscribe link included in any marketing that we may send you by e-mail. In this case, the advertisements that you may continue to receive unless you object to this by contacting us, will no longer be adapted to the browsing information on your terminal.

Anti-waste law

Registration number pursuant to article L.541-10 of the Environment Code attesting to TRADIS's compliance with the Waste Furniture Elements scheme: 

Registration number: FR024366_10SVLRADIS

ANNEX 3 - STANDARD WITHDRAWAL FORM

For the attention of TRADIS - Service clients TRADIS, 3 rue des Garlus, 17800 PONS (serviceclient@tradis-design.com)

I hereby declare that I withdraw from the order listed below:

Order of : __________________________

Surname and first name of customer : __________________________

Customer's postal address : __________________________

Customer's e-mail address : __________________________

Date of order : __________________________

Customer's signature (if sent on paper only)