GENERAL TERMS AND CONDITIONS
1. About us
Le Studio Open design, a sole proprietorship, whose registered office is at Tuilerie des Clairets - 61260 - VAL AU PERCHE - registered in the ALENÇON Trade and Companies Register under number 393 834 148 represented by Mr Gilles de Saint Germain. Studio Open design offers the following services : Sale of eco-design furniture & lighting.
Studio Open design invites its users to carefully read these General Terms and Conditions of Sale and Use. The CGU apply to all Services provided by Studio Open design to its Clients in the same category, regardless of the clauses that may be included in the Client's documents, and in particular its general terms and conditions of purchase.
The GTC/CGU are systematically communicated to the customer upon request.
The customer is required to read the GTC/CGU before placing an Order.
In the event of a subsequent modification of the GTC/CGU, the customer is subject to the version in force at the time of ordering.
The data recorded in the Studio Open design computer system constitutes proof of the transactions concluded with the client.
3. Definitions of the terms
"Customer" refers to any natural or legal person who places an order on this site: www.open-design61.eu
"Order" refers to any order placed by the user registered on this site, in order to benefit from the company's services;
"General Terms and Conditions of Sale and Use" or "GTC/GTCU" refers to these general terms and conditions of sale and use online;
"Consumer" refers to the buyer who is a natural person and who does not act for professional needs and/or outside his professional activity;
"Professional" refers to the buyer who is a legal or natural person acting within the framework of his professional activity;
"Services" refers to all services offered to users by the company through this site;
"Site" refers to this site, i. e. www.open-design61.eu ;
"Company" means Studio Open Design Company, more fully described in Section I hereof; and "User" refers to any person who uses the site.
4. Registration process
Registration on the site is open to all legal or natural persons of full age and with full intellectual and legal capacity.
The use of the services offered on the site is subject to the user's registration on the site. Registration is free of charge.
To proceed with registration, the user must complete all mandatory fields, without which the service cannot be delivered. Failing this, the registration cannot be completed.
Users guarantee and declare on their honour that all the information provided on the site, in particular during registration, is accurate and in accordance with reality. They undertake to update their personal information from the page dedicated to them and available in their account.
All registered users have a username and password. The latter are strictly personal and confidential and must not be communicated to third parties under any circumstances, otherwise the account of the offending registered user will be deleted. Each registered user is personally responsible for maintaining the confidentiality of their username and password. The company will under no circumstances be held responsible for the usurpation of a user's identity. If a user suspects fraud at any time, he or she should contact the company as soon as possible so that the company can take the necessary measures and regularize the situation.
Each user, whether a legal or natural person, can only have one account on the Site.
In the event of non-compliance with the GTC/CGU, in particular the creation of several accounts for a single person or the provision of false information, the company reserves the right to temporarily or permanently delete all accounts created by the offending registered user.
The deletion of the account results in the permanent loss of all benefits and services acquired on the Site. However, any Order made and invoiced by the Site before the account is deleted will be executed under normal conditions.
In the event that an account is deleted by the company for failure to comply with the duties and obligations set out in the GTC/CGU, the offending user is strictly prohibited from re-registering on the site directly, by means of another e-mail address or by an intermediary without the express authorization of Studio Open design.
5. Service and prices
The services covered by the GTC/CGU are those that appear on the site and are offered directly by the Studio Open design or its partner service providers.
The services are described on the corresponding page within the site and all their essential characteristics are mentioned. Studio Open design cannot be held responsible for the impossibility of providing this service when the user is not eligible.
When a registered user wishes to obtain a service sold by Studio Open design through the website, the price indicated on the service page corresponds to the price in euros excluding tax (excluding VAT) and takes into account the discounts applicable and in force on the day of the Order. The indicated price does not include the delivery costs which will be indicated if necessary in the summary before placing an order.
Studio Open design reserves the right to modify its prices at any time. He undertakes to invoice the services at the rate applicable at the time of their Order. For services whose price cannot be known a priori or indicated with certainty, a detailed quotation will be sent to the Client.
Under no circumstances may a user require the application of discounts no longer in effect on the day of the Order.
6. Ordering information
Any Order can only be placed when the user has registered on the Site. The user, when logged into his account, can add services to his virtual shopping cart. He can access the summary of his virtual basket in order to confirm the services he wishes to order and make his order by pressing the "order" button.
He will then have to enter his address, the delivery method and a valid payment method in order to finalize the order and effectively form the sales contract between him and the Studio Open design.
The recording of an order on the site is carried out when the customer accepts the GTC / GCU by ticking the box provided for this purpose and validates his order. This validation constitutes proof of the sales contract. The finalization of the order implies the acceptance of the prices and terms of performance of the services as indicated on the Site.
Once the Order has been placed, the Customer will receive confirmation by e-mail. This confirmation will summarize the Order and information relating to the performance of the service(s).
In the event of non-payment, incorrect customer address or other problem on the customer's account, Studio Open design reserves the right to block the customer's order until the problem is resolved. In the event that it is impossible to carry out the service, the client will be informed by e-mail to the address provided to Studio Open design. The cancellation of the order of this service and its refund will be made in this case, the rest of the order remaining firm and final.
In the event of cancellation of an order accepted by Studio Open design less than 10 days before the scheduled date of provision of the Service for reasons other than force majeure, Studio Open design reserves the right to retain 30% of the amount excluding VAT of the order as damages for the damage suffered.
7. Payment terms and conditions
Unless otherwise specified, all sales are paid in cash at the time of placing the order.
Depending on the nature or amount of the order, Studio Open design remains free to require a deposit or payment of the full price when placing the order or when receiving the invoice.
Payment is made by credit card:
In the event of non-payment of all or part of the services by the date agreed on the invoice, the Professional Client must pay the Studio Open Design a late payment penalty at a rate equal to the rate applied by the European Central Bank for its refinancing operation plus 10 percentage points. The financing transaction selected is the most recent on the date of the order for the Services.
In addition to the late payment compensation, any sum, including the deposit, not paid on its due date shall automatically give rise to the payment of a fixed compensation of 40 euros due for recovery costs.
In the event of failure to pay all or part of the services by the date agreed on the invoice, the Consumer Client must pay Studio Open Design a late payment penalty at a rate equal to the legal interest rate.
No compensation may be made by the Client between penalties for delay in providing the services ordered and amounts due by the Client to Studio Open design for the purchase of services offered on the site.
The penalty due by the Client, whether professional or consumer, is calculated on the amount including all taxes of the remaining amount due, and runs from the due date of the price without any prior formal notice being necessary.
In the event of non-compliance with the payment conditions described above, Studio Open design reserves the right to cancel or suspend the sale.
8. Performance of services
The services ordered on the site will be provided by:
The Studio Open design undertakes to use all human and material resources to carry out the service within the deadlines announced at the time of placing the order. However, it can under no circumstances be held liable for delays in the performance of services caused by faults for which it is not responsible.
If the services have not been carried out within the prescribed period, the Customer may request the cancellation of the sale under the conditions provided for in Articles L216-2 and L216-3 of the Consumer Code. The sums paid by the client will be returned to him at the latest within fourteen days following the date of termination of the contract.This provision does not apply when the delay of the Studio Open design is due to a customer error or a case of force majeure, or which takes place during an unforeseeable event, beyond the control of the Studio Open design.
In the event that the execution of a physical service could not have been carried out or would have been postponed due to an address error indicated by the client, the delivery costs of the service provider mandated by the Studio Open design in order to carry out the unsuccessful service will be the responsibility of the client.
For all orders placed on this site, the customer has a right of withdrawal of 14 days from the provision of the Service.
To exercise this right of complaint, the client must send a declaration to Studio Open design, at firstname.lastname@example.org, in which he expresses his reservations and complaints, together with the relevant supporting documents.
A complaint that does not comply with the conditions described above will not be accepted.
After examination of the claim, the Studio Open design may replace or refund the provision of services as soon as possible and at its own expense.
10. Consumer's right of withdrawal
The Consumer has a right of withdrawal of 14 days from the placing of the Order, except for the products mentioned in Article L221-28 of the Consumer Code as reproduced below:
"The right of withdrawal may not be exercised for contracts:
1/ To provide services fully performed before the end of the withdrawal period and whose performance has begun after prior express agreement of the consumer and express waiver of his right of withdrawal;
2/ The supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the trader and likely to occur during the withdrawal period;
3/ The supply of goods made according to consumer specifications or clearly personalised;
4/ The supply of goods likely to deteriorate or expire quickly;
5/ The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6/ The supply of goods which, after having been delivered and by their nature, are inextricably mixed with other articles;
7/ The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the trader;
8/ Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
9/ The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10/ The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
11/ Concluded at a public auction;
12/ The supply of accommodation services, other than residential accommodation, transport of goods, car rental, catering or leisure activities, which must be provided by a specified date or period;
13/ The provision of digital content not provided on a material medium, the execution of which has begun after prior express consent of the consumer and express waiver of his right of withdrawal.
13. Data protection and privacy
Studio Open design ensures an appropriate level of security proportional to the risks incurred and their probability, in accordance with the General Data Protection Regulations 2016/679 of 27 April 2016.
However, these measures do not constitute a guarantee and do not commit the Studio Open design to an obligation of result regarding data security.
To enable its users to benefit from optimal navigation on the Site and better functioning of the various interfaces and applications, the Company may install a cookie on the User's computer. This cookie makes it possible to store information relating to navigation on the site, as well as any data entered by users (in particular searches, login, email, password).
The user expressly authorizes Studio Open design to store a file called a "cookie" on the user's hard disk.
The user has the possibility to block, modify the storage period, or delete this cookie via the interface of his browser. If the systematic deactivation of cookies on the user's browser prevents him from using certain services or features of the site, this dysfunction can in no way constitute damage to the member who will not be able to claim any compensation as a result.
15. Amendments to the Regulations
Studio Open design reserves the right to modify its website, the services offered on it, the GTC/CGU as well as any delivery procedure or other component of the services provided by Studio Open design through its website.
When placing an order, the user is subject to the stipulations set out in the T&Cs/TU in force at the time the order is placed.
Under no circumstances can Studio Open design be held responsible for the unavailability, whether temporary or permanent, of the website and, although it uses all means to ensure the service permanently, it may be interrupted at any time. In addition, Studio Open design reserves the right, by a voluntary act, to make the site unavailable in order to perform any update, improvement or maintenance operation.
As mentioned previously in this document, Studio Open design can under no circumstances be held responsible for delays in the provision of a service for reasons beyond its control, beyond its control, unpredictable and irresistible or for which it cannot be held responsible.
17. Intellectual Property
The brand, logo and graphic charter of this site are trademarks registered with the INPI and works protected by intellectual property rights, the ownership of which belongs exclusively to Studio Open design. Any distribution, exploitation, representation, reproduction, whether partial or complete, without the express authorization of Studio Open design will expose the offender to civil and criminal proceedings.
18. Jurisdiction clause
The law governing the GTC/GTCU is French law. Any dispute that may arise between Studio Open design and a user during the execution of the present contract will be the subject of an attempt to resolve it amicably. Failing this, disputes will be brought to the attention of the competent courts of general law.
The client is informed that he may resort to conventional mediation, with the consumer mediation commission provided for in Article L534-7 of the Consumer Code or with the existing sectoral mediation bodies. It may also use any alternative dispute resolution mechanism in the event of a dispute.
19. Pre-contractual information
Prior to his order, the customer acknowledges having received, in a readable and understandable manner, the General Terms and Conditions of Sale and the information and information provided for in Articles L111-1 to L111-7 of the Consumer Code, and in particular :
the essential characteristics of the services;the price of the services;the date or period by which the company undertakes to provide the service;information relating to the company's identity (postal, telephone, electronic contact details);information relating to legal and contractual guarantees and their implementation;the possibility of using conventional mediation in the event of a dispute;information relating to the right of withdrawal (deadline, exercise modalities). The placing of an order on the site implies acceptance and acceptance of the GCU. The client will not be able to rely on a contradictory document.