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Terms Of Sale







Preamble

These general conditions of sale  are intended to govern the contractual relations that may arise during the use of the services offered on the ROOM GROUP website. This website allows the purchase of the products offered for sale by ROOM GROUP on its website www.cop-room.com.
 
Article 1 - Purpose of the General Terms of Sale The General Terms and Conditions of Sale are exclusively applicable to all products as detailed in Article 5 and posted online at www.cop-room.com. "Website"), as well as the Contracts concerning the sale of ROOM GROUP Products to buyers established in France and / or in a member country of the European Union and having the quality of consumer and non-professional within the meaning of the Consumer Code .These General Terms and Conditions of Sale together with the online order and the General Terms and Conditions of Use available on the Website, constitute the contractual documents binding on ROOM GROUP and the Buyers, that is, on the parties, to the exclusion of any other document, prospectus, catalog or photograph, having only informative and indicative value.The general conditions of sale are written, as well as all the contractual or informative information mentioned on the Website, in French.Access to the Website is free and free for anyone with lawful access to the Internet.

Article 2 - Availability and opposability of the General Terms and Conditions of SaleThe General Terms and Conditions of Sale are available and directly accessible on the Website. They can be communicated by mail to any professional, consumer or non-professional buyer who requests it. This request must be in the form of an email to contact@cop-room.com.The General Terms and Conditions of Sale are binding on Purchasers who, before placing an order and checking a box provided for that purpose, acknowledge having read these General Terms and Conditions of Sale.The validation of the order upon receipt by the Buyer of the confirmation of his order is equivalent to the Buyer's acceptance of the General Terms and Conditions of Sale in force on the date of the order.In accordance with Article 1127-2 of the Civil Code, ROOM GROUP keeps the General Terms and Conditions of Sale and ensures their reproduction.

Article 3 - Modification of the General Terms of SaleROOM GROUP reserves the right to modify these General Terms and Conditions of Sale at any time and solely for the purpose of ensuring compliance with the legislation in force.In the event of modification, the General Conditions of Sale applicable to the order or sale of products are those accepted by the Purchaser on the date on which they ticked the box attesting to their becoming aware of the General Terms and Conditions of Sale. sale. At the request of the Buyer, a copy of the version in force on that date may be communicated to him.

Article 4 - Terms of the GSCThe entirety of the clauses of these general conditions of sale are opposable to the Buyer.The nullity of a contractual clause does not entail the nullity of the General Conditions of Sale, except if this clause was decisive of the consent of one of the parties, to conclude the Contract.The spontaneous, temporary or permanent non-application by ROOM GROUP of one or more clauses of the General Terms and Conditions of Sale does not constitute a waiver by the other clauses of the General Terms and Conditions of Sale, which continue to have effect.

Article 5 - Products
5.1 - Product Characteristics The Products are understood, within the meaning of these General Conditions of Sale, of any goods that may be the subject of a Contract and presented on the Website for sale.The Products are presented in the catalog available on the Website. Each of these Products is described individually and this description (hereinafter, the "Description") is available on the right of the product image. The Description of each product mentions its essential characteristics within the meaning of article L111-1 of the code of consumption, namely: Size, color, condition.ROOM GROUP undertakes that the photographs illustrating the Products reproduce in the most exact way these Products. However, these photographs can not constitute a contractual document.
5.2 - Precautions of the ProductsThe precautions for using the Products are detailed in the Description. ROOM GROUP undertakes to provide the buyer with any information useful for the proper use of the Product.
5.3 - Conformity of the productThe Products comply with the requirements of French law in force. Thus, they comply with the requirements relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers as soon as they are first placed on the market.
5.4 - StocksThe Products are offered at the presentation on the catalog of the Website and sold within the limits of available stocks.In case of unavailability of the Product due to a shortage of stocks, ROOM GROUP immediately informs the Buyer of the catalog of the Website.After order placed by the Buyer, in case of unavailability of the Product due to an inventory error, ROOM GROUP informs the Buyer directly and offers him a Product of a quality and an equivalent price. In the absence of acceptance by the Buyer, ROOM GROUP provides him with a voucher for the amount of the order usable for any next order. In case of disagreement of the buyer, ROOM GROUP refunds to the buyer the sums he has paid within three (3) months.Apart from reimbursement of the price of the unavailable product, ROOM GROUP is not liable for any cancellation compensation for the order, unless this cancellation results from a breach of its contractual obligations.

Article 6 - Price
6.1 - General Provisions on PriceThe selling prices of the Products presented on the website catalog are indicated, for each of them, in euros including all taxes, excluding delivery and transport costs. The selling price of the Product is the one in force on the day of the order, as presented on the catalog of the Website.Delivery and transport costs will be clearly displayed on the Website and will be returned to the Buyer during the order process and before validation. They will be charged to the Buyer in addition to the price of the Product.The total amount owed by the Buyer is indicated on the confirmation page of the order, before validation of the order.In the event of promotion by the prices, ROOM GROUP displays the promotional price on the catalog of the Website by leaving the selling price of apparent origin. The promotional price is applied to any order placed during the promotion period.The period during which the promotion period is maintained is visible on the Website in a visible manner.
6.2 - Modification of the priceROOM GROUP reserves the right to change prices at any time. However, it guarantees the Buyer the application of the price in effect on the day of the validation of his order.

Article 7 - The offers
7.1 - Geographical scope of the offersThe Online Sales Contracts of Products presented on the Website are reserved for Buyers residing in France and / or in a member country of the European Union and for deliveries in these same geographical areas.
7.2 - Description of the offers
7.2.1 - Presentation of the offerROOM GROUP presents, on the catalog of its Website, offers of sale of Products intended for every Buyer.
7.2.2 - Acceptance of the offerThe Buyer accepts the offer after implementation of the double click process. By this process, the Buyer validates his order for the first time and then confirms his order.
7.2.3 - Duration of the offerThe offer is valid, in the absence of particular indication, as long as the Products appear in the catalog and while stocks last.

Article 8 - Buyer's Order
8.1 - Steps of the orderThe Buyer, to place an order, proceeds:- (i) filling his virtual basket with the quantity of products he has selected in the catalog of the Website;- (ii) the verification of the details of his order and the total price thereof in his virtual basket and may, if he changes his mind or wishes to correct any errors, proceed to the modification of his order in using the opportunity offered to return to the previous pages;- (iii) launching the order by pressing the "order" button; and- (iv) the information of his personal information allowing the delivery of the Product and the payment thereof; then- (v) confirms his order after having read the General Terms and Conditions of Sale; and- (vi) receive, as soon as possible and by e-mail, an acknowledgment of receipt of the order forming the contract and confirming payment.
8.2 - Modification of the orderAny modification of order by the Buyer after confirmation of it by the double click process is subject to acceptance of ROOM GROUP. This acceptance must be requested by the Buyer by email to the following address: contact@cop-room.com.The response of ROOM GROUP is communicated to the Buyer within 72 hours.Failing agreement, it is proceeded to the cancellation of the order and the refund of the sums paid by the Purchaser.
8.3 - Validation of the orderROOM GROUP reserves the right to refuse any order for legitimate reasons such as the abnormality of the quantity of products ordered, particularly with a very high quantity.

Article 9 - Contract
9.1 - Conclusion of the contractThe sales contract is formed at the time of the sending, by the Buyer, of the confirmation of his order.
9.2 - Archiving and proofThe archiving of communications, purchase orders and invoices is done on a reliable and durable support. A reliable copy of these documents reproducing them identically is also kept on this medium.These documents may be produced as proof of the contract.
9.3 Resolution of the contractThe order can be solved by the Buyer by registered letter with acknowledgment of receipt or in writing on a durable medium in case:- delivery of a product that does not conform to the characteristics of the Product declared by ROOM GROUP on the Website catalog; or- delivery beyond the deadline set in the purchase order or, in the absence of such a date, within thirty days after the conclusion of the Contract, after ROOM GROUP has been ordered, under the same terms and without result, d make the delivery within a reasonable additional time.In all cases, the Buyer who resolves the contract may demand the refund of the price paid plus interest calculated at the legal rate from the date of receipt of the price.The order can be solved by ROOM GROUP in case:- Buyer's refusal to take delivery; and or- Non-payment of the price (or balance of the price) at the time of delivery;

Article 10 - Payment
10.1 - RequirementThe price is due in full after confirmation of the order. No money will be paid before order confirmation.
10.2 - Additional paymentNo additional payment can be made after payment of the price.
10.3 - Securing the paymentThe Website has a secure online payment system to encrypt the transmission of the Buyer's bank data.
10.4 - Late paymentAny amount not paid at the due date produces, without formal notice, an interest fixed at the legal rate in force on the day of the placing of the order.
10.5 - Default of paymentROOM GROUP reserves the right, when the agreed price is not paid by the due date, either to request the execution of the sale or to resolve the contract by registered letter with acknowledgment of receipt.
10.6 - Retention of title clauseROOM GROUP remains the owner of the Product sold until payment of the price by the Buyer and undertakes, as long as the property is not transferred to the Buyer, to take all the precautions necessary for the proper conservation of the Product.

Article 11 - Delivery
11.1 - DefinitionDelivery means, in accordance with the provisions of the Consumer Code, the transfer to the Buyer of physical possession or control of the goods.
11.2 - Delivery timeROOM GROUP undertakes, in accordance with the delivery deadline indicated on the Website, to deliver the ordered Product within 15 days after confirmation of the order.
11.3 - Delayed deliveryWhen the ordered Product is not delivered on the date or expiry of the period mentioned on the order form, the Buyer may, in accordance with Article 9.3 of the General Conditions of Sale and after unsuccessfully ordering ROOM GROUP to fulfill its delivery obligation within a reasonable additional time, to resolve the contract by registered letter with acknowledgment of receipt or by writing on another durable medium.
11.4 - Place of deliveryThe Product (s) is / are delivered to the address indicated by the Buyer when creating his account on the Website.
11.5 - Terms of delivery The delivery is made by the direct delivery of the product to the Buyer or, failing that, by the sending by ROOM GROUP of a notice of provision to the Buyer.The Purchaser must proceed to the withdrawal of the ordered Product within fifteen (15) days from the notice of availability.In the absence of withdrawal within the time indicated, ROOM GROUP may, after formal notice of the Buyer remained in vain, proceed to the withdrawal and resolve the order by right.When the Product is delivered to the address indicated on the order form by a carrier, it is up to the Buyer to check, in the presence of the deliveryman, the condition of the delivered Product and, in case of damage or missing, to make reservations on the delivery note or on the transport receipt, and possibly to refuse the product and to inform ROOM GROUP within a reasonable time.
11.6 - Product ComplianceUnder the conditions of Article 9.3 of the General Terms and Conditions of Sale, if the Product does not comply with the order, the Buyer shall, within a reasonable time, submit a complaint to ROOM GROUP for the replacement of the product. or possibly, the resolution of the sale.
11.7 - Unavailability of ProductsIn the event of unavailability of the Products upon delivery, ROOM GROUP may propose to the Buyer, under the conditions of Article 5.4 of the General Terms and Conditions of Sale, a Product equivalent in quality and price to that ordered. The Buyer reserves the right to accept this proposal.In case of refusal of the Buyer, the contract may be canceled under the conditions of Article 9.3 of the General Terms and Conditions of Sale.
11.8 - Failure to deliverThe total delivery default leads to the automatic resolution of the sales contract.
11.9 - Delivery and transfer of risksThe risk of loss or damage to the Product is transferred to the Purchaser at the moment when he himself or a third party that he has designated physically takes possession of it.When the Product is delivered to the Buyer through a carrier chosen by ROOM GROUP, the latter remains responsible for the risk of loss or damage to the Product.
11.10 - Transfer of ownershipThe ownership of the Product is transferred to the Buyer from the actual delivery of the Product to the Buyer, except in the event that the Buyer has not paid the full price. In this case, ROOM GROUP remains the owner of the Product.

Article 12 - Legal guarantee of conformity and guarantee of hidden defects
12.1 - Information on the legal guarantee of conformity and the guarantee of hidden defectsIn accordance with Article L211-2 of the Consumer Code, the General Terms and Conditions of Sale determine the terms of implementation of the legal guarantee of conformity and the guarantee relating to the defects of the thing sold as well as its contents.All Products are covered by the legal guarantee of conformity and the legal guarantee of hidden defects.
12.2 - Application of the legal guarantee of conformityIn accordance with Article L217-4 of the Consumer Code, ROOM GROUP undertakes to deliver a Product that complies with the contract and is liable for any lack of conformity existing at the time of delivery as well as for those resulting from the packaging.It is understood that according to the article L217-5 of the same code, the Product is in conformity with the contract (i) if it corresponds to the description which is made on the Website in the catalog of Products and that it presents the qualities that the buyer can legitimately expect following the public statements of ROOM GROUP, as well as the producers and representatives of the Product, except when ROOM GROUP is not in a legitimate position to know the said declarations and (ii) it is fit for the purpose sought by the Buyer.If, under the conditions set out in articles 11.5 and 11.6 of the General Conditions of Sale, the Product is not in conformity with the contract, the Purchaser is entitled to exercise an action in conformity for two years from the date of delivery of the Product, except :- if he was aware of the defect at the time of contract;- if he could not ignore the defect at the time of contract;- when the defect results from materials that he himself has provided.
12.3 - Application of the legal guarantee of hidden defectsIn accordance with the legislation on the guarantee of latent defects, ROOM GROUP undertakes to guarantee the Purchaser hidden defects of the Product rendering it unfit for the use for which it is intended or which so diminish this use that the Buyer does not would not have acquired or would have given a lower price if he had known them.It is agreed that the legal guarantee to which ROOM GROUP is liable covers all costs incurred by hidden defects.It is recalled that ROOM GROUP is under no obligation to guarantee the buyer against apparent defects of which he has been able to convince himself and that the defect must be prior to the sale.In application of the legal warranty of latent defects, the Buyer may, within two years from the discovery of the defect:- return the Product and get the price back; or- keep the Product and ask ROOM GROUP to refund part of the price.
12.4 - ClaimsClaims made under the legal warranties must be sent by email to the following address: contact@cop-room.comProducts that are the subject of the implementation of this guarantee must be returned new, complete and in their original condition and packaging after receipt and confirmation of the complaint by the after-sales service.If necessary, the Buyer will be reimbursed for the return postage costs at the latest within thirty days following receipt of the Product by ROOM GROUP.
12.5 - Law applicable to legal warrantiesArticle 12 of the General Conditions of Sale applies to buyers residing in a Member State of the European Union other than France without prejudice to more favorable legislative provisions in that State.

Article 13 - Liability
13.1 - DisclaimerThe responsibility of ROOM GROUP can not be held liable in case of non-performance or improper performance of the contract due (i) to the fact of the Buyer or (ii) to the insurmountable and unpredictable fact of a third party to the contract or (iii) to force majeure, provided that force majeure is an unforeseeable, irresistible event external to ROOM GROUP and that the temporary impediment only suspends the performance of its obligation, unless the resulting delay justifies the termination of the contract, when the final impediment entails the termination of the contract as of right.The responsibility of ROOM GROUP can not be held liable for non-compliance of the Product with the legislation of the country of the Purchaser to which it belongs to check if the product is not prohibited for sale in his country.
13.2 - Product Safety FailureROOM GROUP is not liable for damages caused by the Product due to a safety defect. If necessary, it is appropriate for the Purchaser to seek the liability of the identifiable manufacturer by means of the information mentioned on the packaging of the product.

Article 14 - Termination clauseIn the cases provided for by the General Conditions of Sale, the sale will be solved by simple registered letter with acknowledgment of receipt. The resolution will be acquired automatically without the need to resort to judicial formalities.

Article 15 - Right of withdrawal
15.1 - Terms of exercise of the Buyer's right of withdrawalIn application of the provisions of the Consumer Code, the Purchaser has a period of fourteen (14) days from delivery of the Product to exercise his right of withdrawal, without having to justify any reasons or to pay a penalty.The Purchaser communicates his decision to exercise his right of withdrawal by completing the form in Appendix 1 (hereinafter, the Retraction Form) to the following address: contact@cop-room.com.After sending the Retraction Form, the Buyer has another fourteen (14) day period to return the Product concerned by the retraction. The Product is returned under the conditions of Article 12.4 of the General Conditions of Sale.The return costs of the Product concerned by the exercise of the Purchaser's right of withdrawal are the responsibility of the Purchaser.The exercise by the Purchaser of his right of withdrawal within the aforementioned periods shall result in the refund of the price of the Product concerned by the exercise of the right of withdrawal. ROOM GROUP reimburses the Product no later than fourteen (14) days from the date of receipt of the Retraction Form by bank transfer to the account used to purchase the Product when confirming the order.The refund does not involve any costs for the Buyer.

15.2 - Commitment of the responsibility of the purchaser in case of use of the Product before the implementation of the right of retractionThe use of the Product by the Buyer prior to the implementation of his right of withdrawal in excess of the necessary manipulations to establish the nature, characteristics and proper functioning of the Product that the buyer could normally carry out in a store incurs the responsibility of the Buyer. Buyer up to the depreciation of the Product.

Article 16 - Intellectual PropertyAll the elements reproduced on the Website and in the General Terms and Conditions of Sale are the exclusive property of ROOM GROUP, the publisher of the Website and are protected by copyright, trademark law and patent law. . Protection is valid for the legal term of protection and for the entire world.Any reproduction and distribution of these elements, without prior written permission of ROOM GROUP, the publisher, expose offenders to legal proceedings.

Article 17 - Treatment of personal dataThe processing of personal data collected has the purpose of managing orders and operating for commercial purposes.In accordance with the Data Protection Act, the Purchaser has a right of access, rectification, a right to the portability of his personal data, and a right to be forgotten. The controller of this data is Farès Kuzbari.The Purchaser may, by giving his prior consent through a box ticked during the validation of his order, receive emails or marketing SMS from ROOM GROUP. The Buyer can return to his choice and unsubscribe by clicking on the unsubscribe button at the bottom of each email received from the website for emails and send an SMS stating "STOP" for SMS received from the of the Website.It is understood that the Buyer who does not wish to be the subject of any form of commercial prospection by telephone can register for free on the Bloctel opposition list on the site bloctel.gouv.fr.The Buyer who does not want his contact details to be re-used for commercial purposes, informs Farès Kuzbari.

Article 18 - Right to mediationThe Buyer may freely use his right to mediate to settle amicably a dispute with ROOM GROUP.In case of dispute, he must contact ROOM GROUP, 22 Boulevard General Leclerc, Neuilly sur Seine 92200 / contact@cop-room.com. The contact can only be made from Monday to Friday, except holidays or non-working days, and from nine (9) to seventeen (17) hours by telephone, or at any time by e-mail way.In the event of failure of the request for complaint to the aforementioned service, or of absence of answer of this service within a period of two (2) months, the buyer can submit the dispute relating to the order or the General Conditions of sale and the opponent to ROOM GROUP to the mediator as identified as follows:Farès KuzbariThe mediator, as identified above, will attempt, in complete independence and impartiality, to bring the buyer and ROOM GROUP together to reach an amicable solution.The buyer and the seller are free to accept or reject (i) the mediation and (ii) the solution proposed by the mediator.

Article 19 - Competent jurisdictionIn the absence of an amicable agreement, the purchaser can seize the court for any dispute relating to the existence, the interpretation, the conclusion, the execution or the breach of the Contract as well as all documents related to this Contract.The court of competent jurisdiction shall be that of the place of domicile of the defendant or the place of actual delivery of the Product.

Article 20 - Applicable lawThe General Conditions of Sale and the Contract formed after the confirmation of order are subject to French law.