GENERAL TERMS AND CONDITIONS OF SALE 2024
Article 1: PURPOSE AND SCOPE OF APPLICATION
These general terms and conditions of sale (the "GTC") of the company DECOCLIM ("DECOCLIM"), a limited liability company with a capital of €1,600,000, registered with the FREJUS Trade and Companies Register under number 790 646 988,
- whose registered office is located at 21 Avenue Saint Exupéry 83120 Sainte- Maxime,
- whose place of business is located at 115 bis Chemin des Valettes 83490 Le Muy,
- and whose intra-community VAT number is FR73790646988,
Any order placed implies full and unconditional acceptance of the GTC by the Client, which take precedence over any contrary provisions that may appear on the Client's order forms and/or any general terms and conditions of purchase, except for specific conditions accepted by both Parties.
The contract is offered in French and consists of the GTC, the specific conditions (order form), and the order confirmation specifying the description and quantity of the Products, their price, and delivery terms (the "Contract"). The GTC can be viewed at any time on the Site.
Article 2: PRODUCTS
The Products are presented on the Site with a description sheet allowing the Client to become aware of their essential characteristics and price. DECOCLIM reserves the right to modify its product offering at any time, subject to ongoing Contracts.
Article 3: ORDER
The Products are presented on the Site with a description sheet allowing the Client to become aware of their essential characteristics and price. DECOCLIM reserves the right to modify its product offering at any time, subject to ongoing Contracts.
The Client selects the Product(s) and the desired quantity and adds them to the cart to place an order through the following process: (1) Access the cart and review a summary of the order details and total price, allowing for verification and correction of any errors. (2) Identify or create a client account using the provided form. (3) Review a summary of the order, detailing the ordered Products, their essential characteristics, price, and the total price, including additional fees if applicable. (4) Acknowledge and expressly accept the GTC by ticking the appropriate box and confirming the order (constituting consent and creating a payment obligation for the Client, which is explicitly reminded and recognized). The Client is then redirected to a secure site for payment. DECOCLIM confirms receipt of the order by sending an acknowledgment, which summarizes the order and details the essential characteristics of the ordered Product(s), the total price, delivery time, and includes the GTC (and the withdrawal form) as an attachment.
Article 4: RIGHT OF WITHDRAWAL AND RETURN
The Client has the right to withdraw without providing a reason and request the return of the product(s) for a refund within FOURTEEN (14) days after delivery. The Client benefits from a withdrawal period (the conditions for exercising and the effects of which are detailed in the section following the GTC) of FOURTEEN (14) days after the Client or a third party other than the carrier designated by the Client takes physical possession of the Product or the last Product in the case of separate deliveries from a single order.
Article 5: DELIVERY
The Products are delivered according to terms agreed upon between the Parties and summarized in the order confirmation (including delivery address, delivery fees, and estimated delivery times). In Metropolitan France, delivery is free of charge and is handled by the carrier UPS. A shipment confirmation email is sent to the Client, specifying the expected delivery date and time. The Client can modify the delivery options in case of absence. Delivery times are generally estimated at five (5) days, subject to force majeure.
Delivery times may be modified if the Client changes the order, as accepted by DECOCLIM. DECOCLIM reserves the right to split deliveries at no additional cost to the Client.
The Client has a period of SEVENTY-TWO (72) hours from delivery to report any apparent defects/damage concerning the Products by making specific reservations on the delivery slip, confirmed by registered letter with acknowledgment of receipt to DECOCLIM. This allows DECOCLIM to take appropriate action against the carrier if necessary.
After this period, the Products are deemed to comply with the order, meaning they show no apparent defects/damage. It is specified that the absence of reservations made in the forms and within the timeframes indicated above does not affect the Client's legal guarantees (see WITHDRAWAL AND RETURN section and the section following the GTC).
Article 6: PRICE - CONDITIONS OF PAYMENT
Product prices are quoted in euros, including all taxes, and are those in effect on the day of the order. They do not include transport costs, any additional fees, taxes, or charges of any kind, which will be specified for each Product and order. DECOCLIM may change its prices at any time without affecting ongoing Contracts.
Full payment is required when ordering the Products. DECOCLIM does not offer discounts, and no amount paid can be considered as a deposit or down payment. Payments will be made via an external online payment provider by credit card.
Article 7: LIABILITY – WARRANTIES
DECOCLIM cannot be held liable in the event of incorrect information provided by the Client during account creation or order, particularly concerning identification and delivery information. It is recalled that the Client benefits from legal guarantees, the main conditions and terms of which are detailed in the section following the GTC, including the warranty against hidden defects and the legal guarantee of conformity. The Client may exercise these warranties at the following addresses: DECOCLIM - 115 bis Chemin des Valettes 83490 Le Muy, and/or sav@decoclim.fr, indicating their identity, order reference, and the defect/non-conformity. The Client can then return the Product to DECOCLIM, indicating the remedy they wish among those available, as explained in point 2 of the section following the GTC. Under the warranties, DECOCLIM covers the cost of retrieving the Product(s) via the carrier.
Article 8: INTELLECTUAL PROPERTY
DECOCLIM remains the owner of all its intellectual property rights, notably over the content of the Site (particularly images and illustrations), the DECOCLIM brand and logo, the Products, and the domain name associated with the Site, which the Client acknowledges and agrees to respect.
Article 9: PERSONAL DATA PROTECTION
DECOCLIM is committed to complying with applicable legal and regulatory provisions on the protection of personal data concerning the Client and applying the DECOCLIM privacy policy. The purpose of processing this data is the performance of the Contract, for its duration, as well as for the duration of the warranty and the limitation periods. DECOCLIM undertakes to take measures to ensure the confidentiality, integrity, and security of the data collected, which will not be transferred to any third party that does not offer equivalent guarantees. The Client has the right to access, rectify, port, delete, and minimize the processing of their data, and to oppose its processing on legitimate grounds, as well as the right to set post-mortem directives. These rights can be exercised at the following addresses: DECOCLIM - 115 bis Chemin des Valettes 83490 Le Muy and/or relationclient@decoclim.fr, and the right to lodge a complaint with the relevant data protection authority (in France, the CNIL).
Article 10: EVIDENTIAL VALUE OF ELECTRONIC DOCUMENTS
Electronic documents between the Parties have evidential value under the Contract. Consequently, it is expressly agreed that, unless there is an obvious error or evidence to the contrary, the data retained by DECOCLIM in its information system has evidential value in the event of a dispute.
Article 11: MEDIATION
If the Client is a consumer, under the provisions of the Consumer Code, they have the right to use a free mediation service. The online dispute resolution platform (ODR) is available at the following address: https://ec.europa.eu/consumers. The mediator responsible for DECOCLIM is SAS Médiation Solution (https://www.sasmediationsolution-conso.fr) and can be reached at the following addresses: 222 Chemin de la Bergerie 01800 Saint Jean de Niost and/or contact@sasmediationsolution-conso.fr. A dispute can only be examined by the consumer mediator if: (i) the Client has attempted to resolve the dispute directly with DECOCLIM through a written complaint addressed to the following addresses: DECOCLIM - 115 bis Chemin des Valettes 83490 Le Muy and/or relationclient@decoclim.fr, and (ii) the Client has submitted their request to the mediator within ONE (1) year of submitting their written complaint to DECOCLIM.
Article 12: Resale of Products
The Products meet high-end quality criteria to ensure that they comply with the best production and marketing standards, thanks to the technical and commercial efforts of DECOCLIM, its suppliers, and distributors, which the Client acknowledges. For the distribution of the Products, DECOCLIM aims to maintain this brand image by: - Preserving the quality of the Products and their brand image, particularly through appropriate presentation that does not harm their reputation and provides all necessary information for their proper use, - Discouraging the sale of counterfeit products and parasitism, - Ensuring a high level of commercial service and after-sales service, meeting the best quality standards, especially by using trained and competent staff who are in contact with customers and respond to their requests, - Maintaining direct relationships between sellers and customers, particularly to ensure the proper use of the Products. Consequently, the specific marketing method of the Products requires the involvement of resellers with technical skills and quality standards that allow them to provide qualified services, including customer advice and product presentation, in line with their brand image. However, the Client may resell the Products to third parties: in this regard, the Client undertakes to make its best efforts to preserve and maintain the quality of the Products, their sales conditions, and associated services, as well as the brand image linked to the Products. As a result, the Client is prohibited from reselling the Products (with the exception of DECOCLIM spare parts) on any "marketplace" (defined as an online marketplace connecting merchants with potential customers to facilitate the conclusion of sales contracts, third-party intermediary online platform), by any means, directly and/or indirectly, in its own name or through any intermediary, throughout the European Union. The Client undertakes to enforce this prohibition on reselling the Products on marketplaces with its own customers and guarantees DECOCLIM against any resale of the Products on marketplaces by its own customers. In this regard, if necessary, the Client agrees to cooperate with DECOCLIM to stop such sales on marketplaces if DECOCLIM identifies third-party resellers selling the Products through marketplaces.
Failure to comply with this prohibition will result in (i) the suspension or, at DECOCLIM's discretion, the termination of the contractual relationship with the Client, automatically, thirty (30) days after a formal notice to comply with this prohibition remains unaddressed, and/or, at DECOCLIM's discretion, (ii) the payment by the Client to DECOCLIM of a penalty of fifty thousand euros (€50,000), automatically due, as a contractual penalty clause. By exception to this prohibition on reselling Products on any marketplace, reselling Products is authorized on a marketplace, provided that said marketplace demonstrates that it has the technical skills and quality standards to provide qualified services, including customer advice and a presentation of the Products that conforms to their brand image, particularly by complying with the following mandatory criteria: - The marketplace must be specialized, either primarily or secondarily, in the sale of climate comfort products (heating/air conditioning); - The marketplace must have, internally, personnel specifically trained and technically competent in climate comfort, enabling it to provide customers with qualified commercial and technical service for the Products, including advice (technical information on the Products, assistance in choosing, specific requests). It is specified that the Client remains free, in any case, to resell the Products by any other means, online or offline, without restriction, and in particular through its own online sales site or through third-party resellers (excluding marketplaces), in compliance with the quality criteria detailed above.
Article 13: Extended Producer Responsibility (EPR)
The unique identifier certifies registration in the register of producers in the DIY and gardening sector in accordance with articles L. 541-10 and following of the French Environmental Code. It has been assigned by ADEME to DECOCLIM and certifies its compliance with the obligation to register in the producer register of the said sector and its reporting of market placement declarations with the ECOMAISON organization. DECOCLIM’s unique identifier is: IDU DECOCLIM FR360231_14QTZP.
Article 14: Termination - Dispute Resolution
The Contract automatically terminates upon completion of the sale or in case of non-performance of an obligation specified in Articles 5 and/or 6 of the Contract, following a formal notice sent by the creditor of the obligation by registered letter with acknowledgment of receipt (LRAR) to the other Party, unaddressed within ten (10) days after receipt of the formal notice. Failure to comply with the General Terms and Conditions of Sale (GTCS) by the Client may result in the termination of the Contract and/or the suspension of the Client's account. The GTCS are governed by French law, excluding any conflict of law that would require the application of another law and/or the Vienna Convention on the International Sale of Goods.
IMPORTANT
1. Right of Withdrawal and Effects of Withdrawal
Right of Withdrawal and Return
You have the right to withdraw from the Contract without giving any reason within fourteen (14) days. The withdrawal period expires fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, physically takes possession of the goods or the last good in the case of separate delivery of a single order. To exercise the right of withdrawal, you must notify us of your decision to withdraw from the Contract by means of an unequivocal statement (for example, a letter sent by post, fax, or email) to DECOCLIM - 10 RUE HENRI BECQUEREL 83340 LE LUC and by email to relationclient@decoclim.fr. You may use the model withdrawal form, but it is not mandatory. If you use this option, we will promptly send you an acknowledgment of receipt of the withdrawal (for example, by email). To meet the withdrawal deadline, it is sufficient for you to send your communication regarding your exercise of the right of withdrawal before the withdrawal period expires.
Effects of Withdrawal
If you withdraw from this Contract, we will refund all payments received from you, no later than fourteen (14) days from the day we are informed of your decision to withdraw from the Contract. We will make the refund using the same means of payment that you used for the initial transaction unless we expressly agree otherwise; in any event, this refund will not incur any costs for you. We may withhold the refund until we have received the goods or you have provided proof of shipment of the goods, whichever is the earliest. You must return or hand over the goods without undue delay in their original packaging and, in any event, no later than fourteen (14) days after you have communicated your decision to withdraw from the Contract. The deadline is met if you send back the goods before the period of fourteen (14) days has expired. You will bear the direct costs of returning the product. These costs amount to approximately forty euros (€40) excluding VAT per product and will be deducted from the refund for the Product(s). Your liability is only engaged for the depreciation of the product resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the goods.
2. Information on the Legal Guarantee of Conformity and the Legal Guarantee for Hidden Defects
DECOCLIM is liable for defects in the conformity of the Products under the conditions of Articles L. 217-4 et seq. of the French Consumer Code and hidden defects in the item sold under the conditions provided for in Articles 1641 et seq. of the French Civil Code.
When acting under the legal guarantee of conformity, the consumer: - Has a period of two (2) years from the delivery of the goods to act, - Can choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code, - Is exempt from providing proof of the existence of the lack of conformity of the goods during twenty-four (24) months.
The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
The consumer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the French Civil Code and, in this case, may choose between the cancellation of the sale or a reduction of the price in accordance with Article 1644 of the French Civil Code.
Article L. 217-4 of the French Consumer Code
The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was made their responsibility under the contract or was carried out under their responsibility.
Article L. 217-5 of the French Consumer Code
The goods are in conformity with the contract if: 1° They are suitable for the use usually expected of similar goods and, where applicable: - Correspond to the description given by the seller and have the qualities that the seller presented to the buyer in the form of a sample or model; - Have the qualities that a buyer can reasonably expect, given the public statements made by the seller, producer, or representative, especially in advertising or labeling; 2° Or they present the characteristics defined by mutual agreement by the parties or are suitable for any special use sought by the buyer, brought to the attention of the seller, and accepted by the latter.
Article L. 217-12 of the French Consumer Code
The action resulting from the lack of conformity is time-barred two (2) years after the delivery of the goods.
Article L. 217-16 of the French Consumer Code
When the buyer requests from the seller, during the course of the commercial warranty granted at the time of the acquisition or repair of a movable property, a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining duration of the warranty. This period begins from the buyer's request for intervention or from the availability of the item for repair, if this availability occurs after the request for intervention.
Article 1641 of the French Civil Code
The seller is bound by the warranty for hidden defects of the item sold which render it unfit for the use for which it was intended, or which so diminish its use that the buyer would not have acquired it, or would have paid a lower price, had they known of them.
Article 1648 paragraph 1 of the French Civil Code
The action resulting from redhibitory defects must be brought by the buyer within TWO (2) years from the discovery of the defect.
Legal Notice
Service Publisher
DECOCLIM, SARL with a share capital of €1,600,000, registered with the FREJUS Trade and Companies Register under number 790 646 988
Head office: 21 AVENUE SAINT EXUPERY, 83120 SAINTE-MAXIME
Operational site: 115 bis chemin des Valettes, 83490 Le Muy
VAT identification number: FR73790646988
Phone: +33 9 72 60 95 63
Email: contact@decoclim.fr
Publication Director: Mr. William DANIZET
Website Host
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222-224 Boulevard Gustave Flaubert 63000 Clermont-Ferrand
Phone: +33 4 44 44 60 40
Hyperlinks
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Personal Data
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