General terms and conditions of sale from 01.11.2022
ARTICLE 1 – Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all purchases of decorative upholstery and design services (“the Services”) offered by ATELIER FUNFROCK SAS (“the Provider”) to consumers and non-professional customers (“the Customer”).
In particular, they specify the conditions for placing orders, making payments and providing the Services ordered by Customers.
The customer must read them before placing an order. The choice and purchase of a Service are the sole responsibility of the Customer.
These conditions apply to the exclusion of all other conditions, in particular those applicable to other sales channels for Services or on the Internet.
These General Terms and Conditions of Sale are systematically communicated to all Customers prior to the conclusion of the contract for the provision of Services and shall prevail, where applicable, over any other version or any other contradictory document.
The Customer declares that he has read and accepted these General Terms and Conditions of Sale before concluding the contract for the provision of Services. Validation of the order for Services by the Customer implies unreserved acceptance of these General Terms and Conditions of Sale.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is that in force on the day the contract is concluded.
The Service Provider’s contact details are as follows:
ATELIER FUNFROCK SAS
2 rue de l’Europe
Customs duties or other local taxes or import duties or state taxes may be payable. They are the sole responsibility of the Customer. ATELIER FUNFROCK SAS may, after agreement with the customer, advance the costs, which will be invoiced to the customer without any margin.
ARTICLE 2 – Orders
For services for which an estimate has been drawn up in advance, the sale of Services will only be considered definitive after :
the Service Provider draws up a quotation and sends the Customer confirmation of acceptance of the order by e-mail, fax or post.
validation of the quotation and any other terms and conditions for the provision of Services by the Customer by e-mail, fax or post.
Quotations issued by the Service Provider are valid for 90 days.
The purchaser will be informed of any unforeseen circumstances. Renovation work that appears only after removal of the old fabrics or stripping will be the subject of an additional quotation subject to validation under the same conditions as the initial quotation.
ATELIER FUNFROCK reserves the right to cancel or refuse any order from a customer with whom there is a dispute over payment of a previous order.
An order based on a quotation is not considered final by the Service Provider until the Customer has paid a deposit of 50% of the total amount of the order.
Under no circumstances may this deposit be considered as a down payment.
Any changes to the order made by the Customer will only be taken into account by the Service Provider within the limits of its possibilities. These modifications will give rise to an estimate and a price adjustment.
In the event of cancellation of the order by the Customer after its acceptance by the Service Provider, for any reason whatsoever other than force majeure, the deposit paid at the time of the order, as defined in the “Terms of Payment” article of these General Terms and Conditions of Sale, shall automatically be forfeited to the Service Provider and shall not give rise to any reimbursement whatsoever.
ARTICLE 3 – Prices
The Services and Prices offered by the Service Provider are based on the quotation provided by the Service Provider. Prices are given in Euros, excluding VAT and including VAT.
These rates are firm and non-revisable.
A final invoice is drawn up by the Service Provider and sent to the Customer upon delivery of the Services ordered.
ATELIER FUNFROCK will supply the fabrics and materials required for the service. If the customer supplies his own fabric and/or materials, a surcharge of 20% of the total cost of the quotation will be applied to cover reception/storage costs.
ARTICLE 4 – Terms of payment AND RESERVATION OF TITLE
Any sum paid in advance of the price is subject to interest at the legal rate from the expiry of a period of three months from the date of payment until the date on which the service is provided (article L 214-2 of the French Consumer Code).
A deposit corresponding to 50% of the total price of the Services ordered is required when the Customer places the order.
The balance upon delivery of the work.
The following secure payment methods are used:
by bank transfer,
If payment is made by cheque, it must be issued by a bank domiciled in mainland France or Monaco.
Cheques are cashed on receipt.
Payment by credit card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.
Under no circumstances may this deposit be considered as a down payment.
The Service Provider shall not be obliged to provide the Services ordered by the Customer unless the price has first been paid in full in accordance with the above conditions.
Payments made by the Customer shall not be considered final until actual receipt of the sums due by the Service Provider.
In the event of late payment and payment of sums due by the Customer beyond the time limit set out above, and after the payment date shown on the invoice sent to the Customer, late payment penalties calculated at the rate of 1.5% per month of the amount of the invoice including VAT, will be automatically due to the Service Provider, without any formality or prior notice.
Late payment will result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Service Provider may take against the Customer in this respect.
In addition, the Service Provider reserves the right, in the event of non-compliance with the above payment conditions, to suspend or cancel the provision of the Services ordered by the Customer and/or to suspend the performance of its obligations.
The Customer shall not be charged any additional fees in excess of the costs incurred by the Service Provider for the use of a means of payment.
Under no circumstances can a claim justify a delay in payment.
The service provider retains ownership of the contracted goods until full payment has been received from the customer.
ARTICLE 5 – Supply of services and transport
5-1 . Provision of services
The Services ordered by the Customer will be supplied within the times indicated in the quotation, starting from the final validation of the Customer’s order, under the conditions set out in these General Terms and Conditions of Sale, to the address indicated by the Customer at the time of ordering.
The Service Provider undertakes to use its best efforts to provide the Services ordered by the Customer within the framework of an obligation of means and within the deadlines specified above. However, these times are given as an indication only.
If the Services ordered have not been provided within 3 months after the indicative date specified above, for any reason other than force majeure or the Customer’s fault, the Customer may notify the Service Provider, under the conditions specified in Art. L 216-6 of the French Consumer Code
or the suspension of payment of all or part of the price until the Service Provider performs, under the conditions of articles 1219 and 1220 of the French Civil Code (exception d’inexécution),
or the cancellation of the sale, after having given the Service Provider formal notice to perform within a reasonable additional period of time which the Service Provider has not complied with.
Cancellation may be immediate if the Service Provider refuses to perform, or if it is clear that he will be unable to provide the Services, or if the delivery deadline not met constituted, for the Customer, an essential condition of the sale.
In the event of cancellation of the sale, any sums paid by the Customer will be refunded within fourteen days of the date of cancellation of the contract, without prejudice to the right of the Customer to claim damages.
Services may be provided at any other location designated by the Customer, subject to 1 month’s notice and an additional 2 months’ notice, at the Customer’s sole expense.
Similarly, in the event of a specific request from the Customer concerning the conditions of supply of the Services, duly accepted in writing by the Service Provider, the related costs will be subject to specific additional invoicing.
In the absence of reservations or complaints expressly made by the Customer when the Services are supplied, they will be deemed to conform to the order in terms of quantity and quality.
The Customer shall have a period of 8 days from the provision of the Services in which to express such reservations or complaints, in writing, to the Service Provider, together with all supporting documents.
No claim will be validly accepted if the Customer fails to comply with the formalities and deadlines.
The customer agrees that the service provider may subcontract the work to Pascal FUNFROCK, 35 rue Plati 98000 MONACO.
The work is packaged by the Service Provider : protective film for decorations, bubble wrap for furniture.
Deliveries of goods are deemed EXW ex-Works from the Marlenheim works, unless otherwise specified in the quotation.
The Service Provider cannot be held responsible for the inaccessibility of the place of delivery. The consequences will be borne exclusively by the Customer.
ARTICLE 6 – Service Provider’s liability – Warranty
The Service Provider will refund the Customer or rectify (as far as possible) as soon as possible and at its own expense, the Services whose lack of conformity has been duly proven by the Customer.
The Service Provider guarantees the Customer, in accordance with legal provisions and without additional payment, against any lack of conformity or hidden defect.
The customer is solely responsible for the choice, destination, use and installation of the products.
The work is carried out to the highest quality standards. The customer’s attention is drawn to the fact that certain fabrics or materials may show defects in appearance or slight imperfections, while remaining within the standards accepted in such cases.
The Service Provider cannot guarantee absolute color conformity between the samples presented and the product used. He cannot be held responsible.
The dimensional stability of fabrics is variable, inherent in their composition and texture, and should not be a reason for complaint.
Maintenance of products, whether removable (curtains, bedspreads) or fixed (seats, wall coverings), must be carried out by a professional dry cleaner.
No claims will be accepted in the event of non-compliance with these requirements.
6-1 . Legal warranty of conformity
The Service Provider undertakes to provide a Service that complies with the contractual description and any regulations applicable in France.
It is liable for any lack of conformity existing at the time the Services are provided.
In the event of non-conformity, the Customer may demand that the defective Services be brought into conformity, that a new conforming Service be supplied free of charge or, failing this, that the price be reduced or that the sale be rescinded, in accordance with the legal conditions.
It may also suspend payment of all or part of the price or the delivery of the benefit provided for in the contract until the Service Provider has fulfilled its obligations under the legal warranty of conformity, under the conditions of articles 1219 and 1220 of the French Civil Code.
In order to assert its rights, the Customer must inform the Service Provider, in writing, of the existence of any lack of conformity within a maximum period of 8 days from the provision of the Services.
It is also the Customer’s responsibility to ask the Service Provider to bring defective Services into conformity or to supply a new, compliant Service free of charge. The defective Service is brought into conformity within a period not exceeding thirty days following the Customer’s request.
If the requested compliance is impossible or involves disproportionate costs under the conditions set out in Article L 217-12 of the French Consumer Code, the Service Provider may refuse to comply.
If the conditions set out in article L 217-12 of the French Consumer Code are not met, the customer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with articles 1221 et seq. of the French Civil Code.
Finally, the customer may demand a price reduction or rescission of the sale (unless the lack of conformity is minor) in the cases provided for in article L 217-14 of the French Consumer Code.
If the lack of conformity is so serious that it justifies a reduction in price or the immediate cancellation of the sale, the Customer is not obliged to first request that the defective Services be made compliant or that a new, compliant Service be supplied free of charge.
The price reduction is proportional to the difference between the value of the Service provided and the value of this service in the absence of the lack of conformity.
In the event of cancellation of the sale, the Customer will be reimbursed for the price paid within the following fourteen days at the latest, using the same means of payment as the one used by the Customer at the time of payment, unless the Customer expressly agrees otherwise, and in any event at no additional cost.
The foregoing provisions are without prejudice to the possible award of damages to the Customer for loss suffered by the latter as a result of the lack of conformity.
6-2 . Legal warranty against hidden defects
The Service Provider is liable for latent defects within the scope of the legal warranty against latent defects resulting from a design or manufacturing defect in the Services ordered.
The customer may decide to invoke the warranty against hidden defects in the Services in accordance with article 1641 of the French Civil Code; in this case, he may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.
6-3 . Warranty exclusions
The Service Provider shall not be held responsible or liable for any delay or non-performance resulting from force majeure or non-compliance with the legislation of the country in which the Services are provided, which it is the responsibility of the Customer, who is solely responsible for the choice of Services requested, to verify.
ARTICLE 7 – Intellectual property
The Service Provider retains ownership of all intellectual property rights to studies, drawings, models, prototypes, etc., produced (even at the Customer’s request) with a view to providing the Services to the Customer.
The Customer therefore refrains from reproducing or exploiting said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Service Provider, which may be subject to a financial consideration.
Any breach on the part of the Customer shall be deemed to be misconduct and shall entitle the Service Provider to claim damages.
ARTICLE 8 – Anticipation
In the event of a change in circumstances unforeseeable at the time of conclusion of the contract, in accordance with the provisions of article 1195 of the French Civil Code, the Party which has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from its co-contractor.
The cases of unforeseeability likely to give rise to the application of the legal regime provided for in Article 1195 of the French Civil Code, for operations for the Supply of Services from the Service Provider to the Customer subject to the present General Terms and Conditions of Sale, are restrictively defined as a change in the economic circumstances surrounding the conclusion of the sale and significantly affecting the balance of the sale.
ARTICLE 9 – Enforcement in kind
Notwithstanding the provisions of article 1221 of the French Civil Code, the Parties agree that in the event of either Party failing to meet its obligations, the Party suffering the default may not seek enforcement, subject to the public policy provisions of article L 217-12 of the French Consumer Code.
As an express exception to the provisions of article 1222 of the French Civil Code, in the event of either Party failing to meet its obligations, the defaulting Party may not, subject to the public policy provisions of article L 217-12 of the French Consumer Code, itself have the obligation performed by a third party, at the defaulting Party’s expense. The creditor of the obligation may, however, request in court that the defaulting Party advance the sums necessary for such performance.
In the event of non-performance of any of the obligations incumbent upon the other Party, the Party suffering the default may request the termination of the contract in accordance with the terms and conditions set out in the article “Termination of the contract”.
ARTICLE 10 – Proportional reduction of the price in the event of imperfect performance of the obligation
In addition to the price reduction that may occur in the event of the legal warranty of conformity being invoked under the conditions described above, in the event of a Party failing to meet one or other of its obligations, the creditor may, in application of article 1223 of the French Civil Code, 30 days after receipt by the debtor of a formal notice to perform served by registered letter with acknowledgement of receipt, which has remained without effect, if he has not yet paid for all or part of the service, notify the debtor as soon as possible of his decision to accept imperfect performance of the contract and to reduce the price proportionally.
The debtor’s acceptance of the creditor’s decision to reduce the price must be in writing.
Failing agreement between the Parties on the amount of this proportional price reduction, it will be determined by an expert under the conditions of article 1592 of the French Civil Code.
In the event that the creditor of the obligation has already paid the price, he may, failing agreement between the parties, ask the judge to reduce the price.
ARTICLE 11 – Non-performance exception
Pursuant to article 1219 of the French Civil Code, each Party may refuse to perform its obligation, even if it is due, if the other Party fails to perform its obligation and if such non-performance is sufficiently serious, i.e. likely to jeopardize the continuation of the contract or fundamentally upset its economic equilibrium. The suspension of performance will take effect immediately upon receipt by the defaulting Party of the notice of default sent to it to this effect by the Party suffering the default, indicating the intention to apply the exception of non-performance for as long as the defaulting Party has not remedied the default noted, served by registered letter with acknowledgement of receipt or on any other durable written medium providing proof of posting.
This exception may also be used as a preventive measure, in accordance with the provisions of article 1220 of the French Civil Code, if it is clear that one of the Parties will not perform its obligations on the due date, and that the consequences of such non-performance are sufficiently serious for the Party suffering the default.
This option is used at the risk and peril of the Party taking the initiative.
The suspension of performance will take effect immediately upon receipt by the Party presumed to be in default of the notification of the intention to apply the preventive non-performance exception until such time as the Party presumed to be in default performs the obligation in respect of which a future breach is manifest, served by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of dispatch.
ARTICLE 12 – Force majeure
The Parties shall not be held liable if the non-performance or delay in performance of any of their obligations as described herein is due to force majeure, as defined in article 1218 of the French Civil Code, or to exceptional health or climatic contingencies beyond the Parties’ control.
During this suspension, the Parties agree that the costs incurred by the situation will be borne by the party prevented from doing so.
During this suspension, the Parties agree that the costs generated by the situation will be shared equally.
ARTICLE 13 – Termination of the contract
The defaulting Party may, notwithstanding the clause Resolution for breach of obligations by one of the Parties set out below, in the event of a sufficiently serious breach of any of the obligations incumbent on the other Party, notify the defaulting Party by registered letter with acknowledgement of receipt, of the wrongful termination of the present contract, 30 days after receipt of a formal notice to perform which has remained unsuccessful, in application of the provisions of article 1224 of the French Civil Code.
13-1 – Termination for failure of a party to meet its obligations
In the event of non-compliance by either party with the following obligations :
non-payment on the due date of services ordered by the Customer, or late delivery under the conditions specified above, the contract may be terminated at the discretion of the aggrieved party.
It is expressly understood that such termination due to a party’s failure to meet its obligations will take place ipso jure 30 days after receipt of a formal notice to perform, which has remained wholly or partly without effect. The formal notice may be served by registered letter with acknowledgement of receipt or by any extrajudicial act.
This formal notice must state the intention to apply the present clause.
13-2 – Provisions common to all termination cases
It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of the present agreement will be validly put in default by the mere payability of the obligation, in accordance with the provisions of article 1344 of the French Civil Code.
The services exchanged between the Parties since the conclusion of the contract and until its termination having found their utility as and when the mutual performance thereof, they will not give rise to restitution for the period prior to the last service not having received its counterpart.
In any event, the injured party may apply to the courts for damages.
ARTICLE 14 – Applicable law – Language
These General Terms and Conditions of Sale and the transactions arising therefrom between the Service Provider and the Customer are governed by and subject to French law.
These General Terms and Conditions of Sale are written in French.
Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 15 – Disputes
All disputes arising from the provision of services under these general terms and conditions of sale, concerning their validity, interpretation, performance, resolution, 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.
The Customer is hereby informed that he may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
ARTICLE 16 – Pre-contractual information – Customer acceptance
The Customer acknowledges having been informed by the Vendor in a legible and comprehensible manner, by means of the provision of these General Terms and Conditions of Sale, prior to his immediate purchase or the placing of the order and in accordance with the provisions of article L 111-1 of the French Consumer Code,
on the essential features of the Service, enabling them to acquire them with full knowledge of the facts. The Customer must refer to the description of each Service in order to learn about its properties and essential features;
on the price of the Services and related costs or, in the absence of payment of a price, on any benefit provided instead of or in addition to it;
in the absence of immediate execution of the contract, on the date on which or the period within which the Service Provider undertakes to provide the Services ordered;
information concerning the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if these are not apparent from the context;
Information on legal and contractual warranties and how to make use of them;
on the existence and implementation of guarantees (legal guarantee of conformity, guarantee against hidden defects, any commercial guarantees) and, if applicable, on after-sales service;
on termination and other important contractual terms and conditions and, where applicable, on the costs of using remote communication technology, the existence of codes of conduct and financial sureties and guarantees;
on accepted means of payment;
on the possibility of resorting to conventional mediation in the event of a dispute.
The fact that the Customer makes an immediate purchase or orders a Service implies full acceptance of these General Terms and Conditions of Sale and the General Terms and Conditions of Sale on the reverse side of the order, as well as an obligation to pay for the Services ordered. The Customer expressly acknowledges this and, in particular, waives the right to rely on any contradictory document that may be unenforceable against the Service Provider.