GENERAL TERMS AND CONDITIONS OF SALE

The present general conditions of sale contractually govern the commercial relations between the affiliated reseller company noblessa identified by its SIRET number (hereafter "the Seller"), and the professional and non-professional Customers (the or the Customers).

All correspondence and complaints must therefore be addressed to the Seller, in its capacity as an independent merchant, operating under the NOBLESSA name.

ARTICLE 1. GENERAL CONDITIONS OF SALE

These general conditions of sale apply, without restriction or reservation, to the sale of products and the provision of services offered and carried out by the Seller, to consumers and professional and non-professional customers (the Customer).
Unless expressly agreed otherwise in writing by the Vendor, these general terms and conditions of sale shall prevail, where applicable, over any other version or any other document of the Customer, in particular its general terms and conditions of purchase.
The Customer declares that he/she has read these general terms and conditions of sale and has accepted them before concluding the contract for the sale of products or the supply of services. Validation of the order by the Customer implies unreserved acceptance of these General Terms and Conditions of Sale.
These General Terms and Conditions of Sale may be amended at a later date. The version applicable to the Customer's purchase is the one in force on the day the contract is concluded.

ARTICLE 2: QUOTATION

2.1. The Vendor may, at the CUSTOMER's request, draw up, free of charge, a costed estimate prior to any order, based on the indications, measurements and countertops supplied by the Customer, and including details of the furniture, appliances, equipment and accessories, and, where applicable, installation and delivery.

2.2 It should be noted that the Vendor retains full intellectual and artistic ownership of its projects, in particular the countertops it has produced on behalf of the CUSTOMER.
The Customer shall therefore refrain from reproducing or exploiting the said studies, drawings, models, etc., without the Vendor's express, written and prior authorisation, which may be subject to a financial consideration.

When a quotation is drawn up by the Vendor, free of charge, it has the value of special conditions which modify or supplement these general conditions of sale.
In this case, the sale of products and/or services will only be considered definitive after :
- validation and signature of the said quotation, thus transformed into an order form, and of any other terms and conditions for the provision of services by the Customer.
Unless otherwise specified in writing, quotations are valid for a period of 1 month.

2.3. Quotations only include the services and products described therein. Before any installation work is carried out, the Customer undertakes to make the room accessible, free of all movable property and ready to be fitted out in accordance with the quotation and/or order form. The Customer shall ensure that the room in which the service is to be provided complies with the technical countertops and that all sockets and drains are in the intended locations.

ARTICLE 3: ORDER FORM

3.1. The order form, which is distinct from the quotation, is a document on which the information identifying the company, the Vendor's name and signature, the Customer's contact details and consent by signature appear, as well as the words "I acknowledge that I have read and signed the general terms and conditions of sale and the service commitments".

3.2 This order form stipulates precisely all the products and/or services to be provided by the Seller, the delivery deadlines, the special conditions and the terms of payment.

3.3. Supplies shall consist exclusively of the items specified in the purchase order.

3.4. Any modification of the purchase order must be the subject of an amendment to the contract initially drawn up, insofar as these modifications do not concern elements in the course of manufacture or already manufactured. In order to be taken into account by the Vendor, any modification must be notified within a reasonable period of time and must have been accepted in writing by the Vendor.

3.5. The order form also includes the design and technical countertops, which are issued prior to signature of the said document. These countertops (drawn up on headed paper in the Seller's name) are attached to the order form and must be signed by the customer.
The perspective elements of the drawing do not include any measurements, are not an exact representation of reality and have no contractual value.
The only authentic elements are the technical countertop, the scale elevation drawings and the ground design drawings.

Before the order form is drawn up, the Vendor may, at the Customer's request, carry out a quantity survey at the Customer's home. For this purpose, the Customer hereby undertakes to authorise access to any person appointed by the Vendor. Failing this, the order will be placed on the basis of the information provided by the Customer, who undertakes to assume all the risks and additional costs associated with placing an order in the absence of a quantity survey, without recourse against the Vendor.

When the technical countertop is given to the Customer, the latter has been informed of any defects in the conformity of the existing installation and undertakes to have any necessary installation work carried out by professionals of his choice and under his responsibility, prior to installation.

3.6 Once the measurement has been carried out, an installation date may be planned and communicated to the customer, who must confirm this within 48 hours at the latest by e-mail to the shop. Any change to the measurement date will result in a new installation date imposed by Noblessa. If at the time of the technician's visit, the measurement could not be carried out (absence of lining, sockets, plumbing, etc.) and the customer requires a counter measurement after work, this request will be the subject of a re-invoicing, i.e. 96 euros including all taxes, at the customer's expense.

3.7 In the event of a postponement of the date of installation of the goods, the customer must imperatively inform noblessa at the latest 30 working days before the date of the first planned installation, by registered letter.

The postponement of the date does not modify the due date of the deposit on delivery initially foreseen in the contract. In addition, postponing delivery will incur storage costs of 150 euros (incl. VAT)/month from the 15th day of storage.

3.8 The signing of the order form by the Customer and the Seller constitutes the conclusion of the sales contract and formalises the commitment of the parties to perform in good faith.ARTICLE 4: SPECIAL CONDITIONS
4.1. Before accepting the quotation and the order form, the Customer has ensured that all the undertakings expressed verbally by the seller and that all the conditions to which it intends to make its agreement subject have been mentioned on the said documents which, once accepted and signed, will be the only authentic documents between the parties.
It is therefore the Customer's responsibility to check the accuracy of the order and to report any errors immediately.

4.2 The sale of products and services will only be considered definitive once the Vendor has sent the Customer confirmation of acceptance of the order and once the deposit due, i.e. 30% of the total amount of the order, has been received in full.
4.3 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.

Any changes to the order made by the Customer may only be taken into account by the Vendor within the limits of its possibilities. Any modifications will only be validly accepted after written confirmation from the Vendor and, where applicable, after acceptance by the Customer of the resulting amended quotation.

ARTICLE 4: SPECIAL CONDITIONS

4.1. Before accepting the quotation and the order form, the Customer has ensured that all the undertakings expressed verbally by the seller and that all the conditions to which it intends to make its agreement subject have been mentioned on the said documents which, once accepted and signed, will be the only authentic documents between the parties.
It is therefore the Customer's responsibility to check the accuracy of the order and to report any errors immediately.

4.2 The sale of products and services will only be considered definitive once the Vendor has sent the Customer confirmation of acceptance of the order and once the deposit due, i.e. 30% of the total amount of the order, has been received in full.
4.3 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.

Any changes to the order made by the Customer may only be taken into account by the Vendor within the limits of its possibilities. Any modifications will only be validly accepted after written confirmation from the Vendor and, where applicable, after acceptance by the Customer of the resulting amended quotation.

ARTICLE 5: PRICE COMPONENTS

5.1. Definition of the price
The products and services are invoiced at the price in force at the time the order is placed, in accordance with the order form drawn up by the Vendor. Prices are expressed in Euros, excluding VAT and including VAT.

By signing the order form, the Customer undertakes to pay the agreed price. This includes the drawing up of countertops, the supply of furniture and equipment, excluding the cost of installation and delivery (please refer to the prices displayed in the shop).
Prices are firm and guaranteed until the date on which the furniture is made available.

5.2. Installation
The prices communicated by the Vendor to the Customer are for a fitter approved by the Vendor on a prepared site, i.e. the room where the service is to be carried out must comply with the technical countertops and all sockets and drains must be placed in the locations specified in the technical countertop. 

ARTICLE 6. PAYMENT

6.1. General provisions - advance payments
As this is a sales contract, the conditions are set out in the order form.
A deposit of 30% of the price (including all taxes) stipulated on the quotation must be paid by the Customer on acceptance of the quotation.

Notwithstanding article L. 214-1 et seq. of the French Consumer Code, by signing the order form, the CUSTOMER expressly acknowledges that the sums paid in advance constitute a deposit.
In the event of cancellation of the order by the Customer for any reason whatsoever, other than force majeure, the deposit paid at the time the order was placed shall automatically be forfeited to the Service Provider and may not give rise to any reimbursement whatsoever.
Invoices are sent to the Customer at the latest upon acceptance of the work or delivery of the products. Unless otherwise stipulated, they are payable in cash on the day of delivery or on delivery of the products ordered.
Any sum not paid on the due date will incur late payment interest corresponding to the interest rate of the European Central Bank plus 7 points. A fixed indemnity of 40 euros will also be payable to cover collection costs.
In addition, any late payment will automatically, and without the need for prior formal notice, result in all debts owed by the Customer becoming due and payable, even if not yet due, as well as the right for the Seller to suspend all deliveries and work in progress until full payment has been made. The Vendor will also be entitled to terminate any contract in progress simply by sending a registered letter with acknowledgement of receipt.

6.2. Pose
La pose ne peut intervenir qu’après livraison des marchandises commandées au Vendeur et versement du dernier paiement du prix de celles-ci.
Sauf autres modalités de paiement convenues entre les parties et mentionnées sur le bon de commande et/ou sur tout autre contrat qui y est lié (et notamment sur l’offre de contrat de crédit éventuelle), le prix de la pose – ou du solde dû sur le prix de celle-ci si un versement a déjà été effectué antérieurement par le CLIENT – sera payable pour partie au début de la prestation à hauteur de 60% du montant prévu, le solde étant exigible au plus tard au moment de la fin des travaux et de la réception de ceux-ci par le CLIENT.
Toutefois, en cas de contestation de ce dernier de la parfaite exécution des travaux de pose, il devra en informer le magasin par courrier recommandé avec AR dans les 14 jours suivant la réception du chantier et sera autorisé à retenir 5% maximum du prix de la pose. Une fois les travaux de mise en conformité réalisés et sans nouvelle contestation du CLIENT aux mêmes conditions que précédemment, celui-ci sera tenu de procéder au règlement du solde retenu.

ARTICLE 7. SALE ON CREDIT

In the event of a sale on credit, by means of a loan granted by the seller or by an organisation outside the shop (in compliance with article L312-18 of the French Consumer Code), the offer of a credit contract must be submitted in as many copies as there are parties to the sales contract.

In this case, the order form will only become perfect on the twofold condition that:
1) the said borrower has not exercised his or her right of withdrawal by the end of a period of 14 calendar days from the date of acceptance of the credit agreement offer (art. L312-19 of the French Consumer Code) and that ;
2) the creditor has informed the borrower of its decision to grant credit within 7 days.
For a period of 7 days from acceptance of the contract by the borrower, no payment in any form whatsoever may be made by the lender to the borrower, or on the borrower's behalf, or by the borrower to the lender. As long as the lender has not notified the borrower of the granting of credit, and as long as the borrower may exercise his right of withdrawal, the Seller is not obliged to fulfil his obligation to deliver or supply. 
A contract for the sale or provision of services entered into with an assigned credit is automatically terminated, without compensation:
1) if the creditor has not, within 7 days of acceptance of the credit agreement by the borrower, informed the Vendor that the credit has been granted;
2) or if the borrower has exercised his right of withdrawal within the period stipulated in article L312-19 of the Consumer Code.

However, when the borrower expressly requests the immediate delivery or supply of the goods or services, the exercise of the right to withdraw from the credit agreement shall not result in the automatic cancellation of the contract of sale or provision of services unless this occurs within three (3) days of acceptance of the credit agreement by the borrower, provided that the purchaser has paid in cash before expiry of the aforementioned periods. 

ARTICLE 8. DELIVERY - COLLECTION OF GOODS

8.1. Delivery dates

The delivery date agreed between the parties is indicated on the order form. Delivery must be made to the customer's home and to the room where the project is to be carried out.

The Vendor undertakes to make its best efforts to supply the products and services ordered by the Customer within the framework of an obligation of means and within the timescales specified above. However, these timescales are given for guidance only.

The Customer undertakes to be present on the day agreed with the Seller or, if this is not possible, to entrust the acceptance of the goods to a third party of its choice, specially authorised in writing; in this case, the Customer may then express reservations concerning any apparent defects or shortages not discovered by this third party. In this respect, the Customer is reminded that, in any event, he/she benefits from the legal guarantees of conformity and hidden defects (see article 11). 
8.2. Late delivery
If the products or services have not been supplied within 90 days of the aforementioned indicative date, for any reason other than force majeure or the fault of the Customer, the Customer may cancel the sale under the conditions set out in articles L216-2, L216-3 and L216-4 of the French Consumer Code.
The sums paid by the Customer will then be refunded within 14 days of the date of cancellation of the contract at the latest, to the exclusion of any compensation or deduction. 
8.3. Postponement of the delivery date
If a delay in the execution of site preparation work for which the Customer is responsible makes it impossible to deliver the goods on the date agreed in the sales contract, the Customer must inform the seller by registered letter no later than 6 weeks before the initial delivery date.
The parties to the contract will then agree on a new delivery date by means of an amendment to the main sales contract drawn up at the shop.
Otherwise, the seller will deliver on the date originally agreed. If the customer is unable to accept delivery, he/she must bear all the costs incurred by the seller, including the cost of storing the goods ordered.

If the Customer fails to prepare the site and fails to inform the Seller at least 6 weeks before the date initially set for delivery, the Seller shall have the option of postponing the delivery date until after the site preparation work has been carried out.

In the event of a postponement of more than fifteen days of the collection or delivery date following the Customer's request, the Customer is obliged to pay the balance of its order on the date initially set, thus enabling the Vendor in particular to obtain financing from the lender. 

8.4. Collection by the CUSTOMER
Where it has been agreed that the CUSTOMER will collect the order himself, he undertakes to do so, at the latest, except in cases of force majeure, within 15 days of the notice of availability sent by the Vendor.

8.5. Reservations concerning delivery
Taking possession of the work and/or products constitutes acceptance, with any reservations being formulated as follows:
- In the absence of reservations formulated by registered letter or recorded delivery within a period of 15 days following acceptance of the work, the latter is presumed to be in conformity.
- Failing this, any reservations must be made by recorded delivery letter within 15 days of receipt of the work.

If the delivery is made by a carrier, the Customer must also confirm his reservations, in accordance with article L. 133-3 of the French Commercial Code, within 3 working days by registered letter with acknowledgement of receipt or bailiff's writ addressed to the Carrier - with a copy to the Vendor, when the carrier has been chosen by the Vendor.

This period is extended to 10 days when the Customer personally takes delivery of the items transported and when the Carrier does not provide evidence that it gave the Customer the opportunity to effectively check their good condition (in accordance with the provisions of articles L. 133-3 of the French Commercial Code and L. 224-65 of the French Consumer Code). 

8.6 Reprise des meubles existants

Conformément à la loi AGEC, lorsque le client achète des marchandises meubles, le magasin noblessa reprend gratuitement ses anciennes marchandises meubles dans la limite de produits équivalents (dimensions et nature) à ceux vendus par noblessa, hors sanitaires, électroménagers, et plans de travail en matière autre que le bois :
– reprise de 1 meuble pour 1 meuble
– au domicile du client, en pied d’immeuble, à une date prévue avec le magasin noblessa, dans le cas où le client a opté pour la livraison de ses marchandises.
– sur le lieu et au moment du retrait, dans le cas où l’acheteur retire lui-même sa commande ;

Il est précisé que les produits dont l’état risquerait de porter atteinte à la sécurité ou à la santé de son personnel seront refusés. Par conséquent pour des raisons de sécurité, noblessa ne reprendra pas que des meubles montés en l’état (sans vis, ni écharde, ni clou apparents).

La reprise doit être formulée par le client (expressément et de manière ferme et définitive) au magasin noblessa lors de la signature du bon de commande, sur lequel une mention devra apparaître en ce sens. Cette dernière s’effectuera en une seule fois pour l’intégralité des anciennes marchandises. Le client devra également préciser, à ce même moment, au magasin noblessa le volume des meubles concernés par cette reprise. 

ARTICLE 9. TRANSFER OF RISK

9.1. All products delivered to the Customer in performance of the contract remain the property of the Vendor until full payment has been received. The Customer declares that he accepts this clause without reservation. However, the risks (theft, loss, deterioration, etc.) relating to the said products are transferred to the Customer as soon as they are delivered either to the Vendor's shop or to the Customer, or to the carrier.

9.2 In the event of a partial delivery due to a delay for which the Seller is not responsible, the transfer of risks and legal ownership will only take place upon notification of the goods being made available.

ARTICLE 10. RETENTION OF TITLE

10.1. The Seller retains ownership of the goods sold until full payment has been received.
10.2. In the event of total or partial non-payment by the Customer, the Vendor reserves the right to claim ownership of the unpaid goods, in accordance with legal provisions. 

ARTICLE 11. GUARANTEES

Independently of the commercial guarantee, the Customer has the legal guarantee of conformity (articles L. 217-4 et seq. of the French Consumer Code) valid for two years from delivery of the goods, it being specified that the Customer benefits from a presumption of non-conformity during the guarantee period.

The Customer also benefits from the legal guarantee against hidden defects (article 1641 et seq. of the French Civil Code), enabling him/her to choose between rescission of the sale and a reduction in the sale price.

The Customer may make use of these guarantees by contacting the Vendor, whose contact details are given on the order form.
The Vendor will reimburse or rectify or have rectified (as far as possible) the services or repair or replace the products deemed to be defective as soon as possible and at the latest within 90 days following the Vendor's discovery of the defect or fault.
Reimbursement will be made by credit to the Customer's bank account or by cheque sent to the Customer.
The Vendor's guarantee is limited to the reimbursement of services or products actually paid for by the Customer. The Seller shall not be held responsible or liable for any delay or non-performance resulting from force majeure. 

11.1. LEGAL WARRANTIES 
All damage resulting from improper use of a product or from normal wear and tear linked to its use in good faith are excluded from the legal guarantees. 

In order to benefit from these guarantees, the Customer must present proof of purchase (invoice, order form) and the delivery note. 

The Customer acknowledges that he/she has been informed, prior to the conclusion of the sale, of the existence and terms and conditions of the legal and contractual guarantees available to him/her.

Professional customers may not hold the Vendor liable for defective products, provided that these products are not used primarily for their own private use or consumption.

11.1.1 Legal guarantee of conformity : 

Article L. 217-4 of the French Consumer Code: "The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity that exists at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility". 

Article L. 217-5 of the French Consumer Code: "The goods conform to the contract: 

1° If it is fit for the purpose usually expected of similar goods and, where applicable : 

- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ; 

- whether it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling; 
2° Or if it has the characteristics defined by mutual agreement between the parties or is 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: "Any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods". 

When bringing an action under the legal guarantee of conformity, the consumer : 
- has a period of two years from delivery of the goods in which to take action ; 
- may choose between repairing or replacing the goods, subject to the cost conditions set out in article L. 217-9 of the Consumer Code; 
- is exempted from proving the existence of the lack of conformity of the goods for a period of six months following delivery of the goods. This period is extended to twenty-four months from 18 March 2016, except for second-hand goods. 
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted. 

In this respect, the Customer shall be exclusively liable for any damage resulting from his or her own actions: lack of conformity or quality of the goods ordered, errors in the estimates and countertops drawn up by the Customer. 

The Customer has the choice between repairing or replacing the goods with an identical part, equipment or appliance or one of equivalent quality and price (subject to available stocks), subject to the provisions of article L. 217-9 of the French Consumer Code. 

11.1.2 Legal warranty against hidden defects

Article 1641 of the French Civil Code: "The seller is liable for any hidden defects in the item sold which render it unfit for the use for which it was intended, or which reduce this use to such an extent that the Customer would not have purchased it, or would only have paid a lower price for it, if he had known about them".

Article 1648 of the French Civil Code:

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

Similarly, under Article 1642-1, "the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity". The consumer may decide to invoke the guarantee against hidden defects in the item sold under article 1641 of the French Civil Code. In this case, they may choose between rescinding the sale or reducing the sale price in accordance with article 1644 of the Civil Code. 

11.2. CONTRACTUAL WARRANTIES
The Seller offers the following contractual warranties free of charge, from the day on which the goods are made available (date of delivery or collection):

11.2.1. Kitchen furniture is guaranteed for 5 years. Without prejudice to the provisions of the legal guarantee, the contractual guarantee is limited to the free replacement or repair of the items manufactured and delivered. Any other costs, such as the installation and re-installation of supposedly defective components, transport and travel costs, are excluded from the guarantee.

The guarantee will not apply
- if the furniture has been used in conditions other than those for which it was designed.
- damage to the kitchen caused by the Customer (incorrect installation by the Customer or his own installer, incorrect use, failure to follow the instructions, lack of maintenance, etc.), by the approved installer or by normal wear and tear.

11.2.2. All parts of the furniture hinges and slides are guaranteed for 20 years. The CUSTOMER will be responsible for all labour and travel costs. 

ARTICLE 12. IMPLEMENTATION OF LEGAL AND CONTRACTUAL GUARANTEES

12.1. Implementation
Any warranty request concerning a product must be submitted to the retailer, who will check that the request is well-founded.
When the CUSTOMER observes a breakdown or malfunction, he/she must :
- Report the breakdown and provide the purchase invoice within 5 working days from the date of occurrence to the Noblessa seller.
- Present at the time of the intervention :
- The faulty equipment
- The original invoice, together with the serial numbers of the defective appliance(s)
- To enable the authorised technician to intervene in the best possible conditions
When the malfunction or breakdown prevents the appliance from operating normally and the downtime exceeds 7 days, the contractual warranty period is extended by a period equal to the downtime (article L. 217-16 of the French Consumer Code). The period of immobilisation runs from the date of the purchaser's request for service or from the date on which the appliance is made available for repair if this is subsequent to the request for service.

12.2. Territory
Metropolitan France and Corsica. 

SECTION 13. WARRANTY EXCLUSIONS

All damage resulting from improper use of a product or from normal wear and tear linked to its use in good faith are excluded from the legal warranties. The following are considered to be misuse
- Normal or abnormal wear and tear resulting from poor maintenance or external causes (water infiltration, excessively high temperature, humidity, impact, abusive or unintended use, unsuitable maintenance products).
- Non-compliance with installation advice and assembly instructions.

- Damage or defects caused or not declared at the time of delivery, installation or assembly and not attributable to the Seller.
- Changes in the colour of the materials, oxidation, modification of the materials, linked to time or poor conditions of use or to any external event not attributable to the Vendor.
In the event that the Vendor's services do not include the installation of the equipment, the warranty only applies to parts, labour and travel for a period of 2 years. It should be noted that major household appliances are covered by a parts warranty.

ARTICLE 14. DURATION OF SPARE PARTS

The Seller undertakes to supply spare parts for all products offered for sale, identical or similar, for a period of five years, within a period of 2 months, at a charge. 

ARTICLE 15. MISCELLANEOUS PROVISIONS

15.1 Non-performance of the contract due to exceptional circumstances
The Seller will use all the means at its disposal to carry out all the services provided for in this contract. Nevertheless, the Seller shall not be liable for non-performance or delays caused by:
- Social conflicts such as: strikes, riots, popular movements, the state of civil war.
- Any decisions attributable to the authorities that make it impossible to pursue or carry out any economic activity under normal conditions.
- Acts of terrorism or sabotage.
- Natural disasters
- Pandemics
- All cases of force majeure making it impossible to perform the present contract. 

15.2 In the event of a breach by the Customer of its contractual obligations or of any difficulty in the application of this contract, the Customer must send a complaint by recorded delivery letter to the Vendor.

In accordance with article L. 211- 3 of the Consumer Code, the Customer is informed of the possibility of having recourse, in the event of a dispute, to a consumer mediation procedure, the contact details of which are given in the following article. The Customer has the possibility of seeking an amicable solution with the help of a consumer association or a professional organisation in the sector, or any other advisor of their choice, by writing to Customer Service Noblessa - Newton office noblessa 1165 Rue Jean René Guillibert Gauthier de la Lauzière, 13290 Aix-en-Provence.

Except in cases provided for in Article 2238 of the Civil Code, this situation does not interrupt the period of legal guarantees or the duration of the contractual guarantee. 

Subject to the assessment of the courts, compliance with the obligations of this contract and the conditions relating to the contractual guarantee presuppose that the CUSTOMER fulfils his financial commitments to the seller, uses the appliance in the normal way (cf. art. 13 of this contract) and that, for work requiring technical expertise, no third party not approved by the seller or the manufacturer repairs the appliance (except in cases of force majeure or prolonged default by the seller). 

ARTICLE 16. DISPUTES

16.1 Competent courts
All disputes to which the supply of services or delivery of products concluded in application of these General Terms and Conditions of Sale may give rise, concerning their validity, interpretation, performance, termination, consequences and consequences and which cannot be resolved amicably between the Vendor and the Customer, shall be submitted to the competent courts under the conditions of common law.

16.2 Mediation
If, within a period of one month from the date on which the Customer's complaint was sent by recorded delivery letter to the selling shop, the dispute has not been resolved amicably, the Customer may, in accordance with article L.612-1 of the Consumer Code, have recourse to another consumer mediator whose contact details are as follows:

Website:
https://www.mediationconso-ame.com/demande-de-mediation-ame.html 

By post:

AME Conso
11 place Dauphine
75001 PARIS
09.53.01.02.69 

ARTICLE 17. FORCE MAJEURE AND ACTS OF GOD

The occurrence of a fortuitous event or force majeure of such a nature as to delay, render economically exorbitant or prevent the performance of the delivery by the Vendor of the products and/or services has the effect of suspending the performance of the Vendor's contractual obligations and may not therefore give rise to compensation.

If the event continues for more than three months, the Vendor reserves the right to terminate the contract without compensation.

In addition to the cases usually recognised by case law, the following constitute an event of force majeure: strikes or staff shortages, any consequence of unforeseeable technological developments that call into question the norms and standards of its profession and any other unavoidable, unforeseeable event beyond the control of the parties that prevents the normal performance of these conditions. 

ARTICLE 18 - IMPREVISION

The present general terms and conditions of sale expressly exclude the legal regime of unforeseeability provided for in article 1195 of the Civil Code for all service supply operations. The parties each waive the right to invoke the provisions of article 1195 of the French Civil Code and the unforeseeable circumstances provided for therein, and undertake to fulfil their obligations even if the contractual balance is upset by circumstances that were unforeseeable when the sale was concluded, even if their performance proves excessively onerous, and to bear all the economic and financial consequences thereof. 

ARTICLE 19 - APPLICABLE LAW - LANGUAGE

These General Terms and Conditions of Sale and the resulting transactions between the Vendor and the Customer are governed by and subject to French law.
These General Terms and Conditions of Sale are drawn up 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 disputes. 

ARTICLE 20 - PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE

The Customer acknowledges that, prior to the immediate purchase or the placing of his/her order and the conclusion of the contract, he/she has been provided, in a clear and comprehensible manner, with these General Terms and Conditions of Sale and with all the information listed in article L.221-5 of the French Consumer Code and, in particular, with the following information :

- the essential characteristics of the services and, where applicable, the products ;
- the price of the services, products and ancillary costs (e.g. delivery);
- in the absence of immediate performance of the contract, the date or deadline by which the Vendor undertakes to provide the services and, where applicable, the products ordered;
- information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if this is not apparent from the context;
- information relating to legal and contractual guarantees and their implementation procedures;
- the possibility of resorting to conventional mediation in the event of a dispute. 
The fact that a natural person (or legal entity) makes an immediate purchase or orders services and/or products from the Vendor implies full and unreserved acceptance of these General Terms and Conditions of Sale and an obligation to pay for the services and/or 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 21 - PROTECTION OF PERSONAL DATA

21.1 Data controller
The Customer is hereby informed and accepts that the personal data provided by him/her may be collected and used by the Vendor.
The Vendor collects the Customer's personal data, in particular their surnames, first names, e-mail addresses and telephone numbers, in accordance with the legal provisions in force.
The person responsible for the personal data is a person identified in the shop within the affiliated company.

21.2 Purpose of collection
The personal data collected is processed electronically. It is necessary for the Vendor to fulfil its contractual obligations.
Customer information and personal data are necessary for the management of Orders and relations with Customers, as well as to keep them informed of all commercial offers and information.
This information and the management of Orders are also kept for security purposes. 

21.3 Retention period
Customers' personal data is stored for a period of 3 years, which is the reasonable period required for normal use of the data.
This data is kept in secure conditions, using current technical means, in compliance with legal and regulatory provisions.

21.4 Right of access, rectification and opposition, limitation of processing, deletion and portability of data
The Customer has a right of access, rectification, opposition and limitation of processing, deletion and portability of its data.
The Customer is hereby informed that the right to the portability of personal data concerns the data provided by the Customer as well as personal data generated by the Customer's activity, on the basis of the Customer's consent or the performance of these GTC.
To exercise these rights, the Customer must send a request to the Seller by post or e-mail, to the address given at the beginning of these GTC. If the request does not clearly identify the Customer, the Vendor may request a photocopy of the Customer's identity document. The Vendor will send a reply within 1 calendar month of receipt of the request. 

21.5 Recipients and Transfers
Personal data may be transmitted to service providers and contractual partners who intervene and contribute directly to the management of Orders (installer, supplier, noblessa parent company) and for whom it is absolutely necessary to have access to the personal data provided by the Customer (identity, address, telephone number, e-mail address).
These recipients may have access to all or part of the data collected by the Seller.
Prior to any communication of data to partners, the Vendor will take technical measures to protect such data.

21.6 Right to complain to the CNIL
In the event that the Customer considers that the processing of his/her personal data does not comply with legal and regulatory requirements, the Customer is hereby informed that he/she may make representations and refer the matter directly to the French supervisory authority, namely the CNIL, at the following address: 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07.