1. Scope
The seller is defined below as the company SARL 2UPS via its online sales site Tissens.com whose headquarters is located at the following address: 2UPS SARL, BP 40 34370 BEZIERS France CAZOULS contacted by phone 04 67 98 99 17 or by email at serviceclient@tissens.com.
The customer is defined below as the company or the person signing and accepting these terms and conditions.
The terms and conditions are deemed fully accepted upon confirmation of the order by the customer on our controller. All our quotations, purchase order or invoice involve the customer the full acceptance of our terms of sale, our manufacturing lead times and delivery times.
Our sales and current contracts are subject to these terms and conditions unless special dispensation written and agreed between the vendor and the customer. Our terms and conditions replace all other terms and conditions of consumer purchase.
These terms and conditions govern the present and future relationship between the customer and the seller.
We reserve the right to amend without notice the terms of sale, however, the versions of the document will be available for reference header.
2. Order
2.1. Conclusion of Contract
The contract completion date is the date the customer has placed the order and accepted the general sales conditions. The sales by the seller are perfect between the parties and the property is acquired customer upon validation of payment or commands.
2.2. Description of products
The essential characteristics of the product are listed in the "product" in general contain a product photo and describing its main features.
The photographs, in support of the text, the products do not enter the contractual field; If errors occur, shall in no case the seller's liability can be initiated. The detailed product sheet is the only source contract. Manufacturers may change without notice the technical composition of the reference product. The seller is entitled at any time to update, improve its sheets or withdraw from sale its products. It is you, if you do not feel competent enough, to be assisted by counsel.
You can contact the vendor for additional information on the products presented via the "contact us" of our website or by calling 04 67 98 99 17
The products comply with French legislation and standards applicable in France and CEE.
2.3. Price
Prices are quoted in Euros all taxes excluding delivery charges. The products are supplied at prices prevailing at the time of placing the order.
They may vary, especially in case of change of the VAT rate. Prices may change without notice from the seller and may be subject to changes in raw materials. However, the prices on your order after its validation and registration are firm and final: if prices fall a few days after the order, we can not in any case compensate you for the difference; if prices rise, we are committed to delivering the price set on the day of the order. If you are a customer outside the European Union or in the DOM TOM, the invoice will be issued without VAT. All orders delivered outside metropolitan France may be subject to any local taxes, duties, dock dues and customs fees upon delivery. Their acquittal is your responsibility and your responsibility. Check with the relevant authorities of the country of delivery. However, goods purchased by professionals are at the price agreed in the order within the limits of the option period and general economic conditions (taxes, exchange rate ...) at the time of delivery. Product for professionals, the prices are without taxes, packaging, transport and insurance freight not included, ex Seller warehouse.
2.4. Processing the order
Your orders are processed in the shortest possible time by customer service. The seller will confirm your order and associated details by email or phone.
2.4.1. unavailability
2UPS Ltd distributes these products on different sales platforms in France and abroad, for obvious technical reasons it is impossible to hold a stock update it is possible that some items are in high demand temporarily out of stock time of your order.
In case of default of the contract resulting from the unavailability of the goods ordered, the customer is informed of this and can be an exchange or be refunded without delay and no later than thirty days from the payment of sums paid or wait if the reissue of the goods is possible.
2.4.2. Confirmation
Upon receipt of your order either by mail, telephone or through the website, we will contact you if needed and send you an order confirmation with manufacturing details if it is a fabrication custom.
2.5. Payment
The goods to be delivered and invoiced to you remain the property of the seller until full payment of their price.
Our invoices are payable to the order after receiving an order on payment for all products submitted and 100% of the order for sampling, collection of fabrics, lamps, carpets and cleaning products by check, money order or card banking, 30% of the day of the order, and 70% of the day of delivery. Payment by check or postal order payable in France or money order should be made payable to: "2UPS SARL" and sent to:
2UPS SARL, BP 40 34370 CAZOULS BEZIERS FRANCE
2.5.1. Payment of the price
The customer pays the spot price when ordering or on delivery, on the terms agreed between the parties.
2.5.2. Default
In the exceptional case where the seller would have accepted payment in installments or cash payment, non-payment of a maturity entails the obligation to pay the price plus 290 euros for costs occasioned by the recovery of amounts due (bailiff, bank charges, management fees, etc ..). In addition it will be charged equal to the refinancing rate of the ECB (European Central Bank) increased by 10 points.
since 7 November 2013: 10.25% (0.25 + 10%) rate applicable on the tax amount of the unpaid invoice.
The goods to be delivered and invoiced to you remain the property of the seller until full payment of their price. Failure to pay could lead to claim the goods by the seller, restitution being immediate and the goods delivered at your expense and risk.
See Article 5 of the terms and conditions for more information on the ownership of goods.
2.5.3. Secure Payment Site
Our site is the subject of a secure payment system via our partner bank Caisse d'Epargne.
To guarantee maximum security we use encryption technology SSL3. The secure payment SSL3 is the encryption system used at present and safest to make your payment.
The payment system Systempay used on our website in partnership with the Caisse d'Epargne, uses this system to allow you to pay safely with your credit card.
2.6. Delivery
The seller retains full and exclusive ownership of the goods sold until full payment of their price but the customer will bear the risks as they exit from the warehouse of the seller.
Delivery is made either by direct delivery to the buyer, or by notice provision either for business by handing over the goods to a carrier.
If delivery against refund, you must return the check to the carrier immediately (against the amount of the refund is paid in addition to the amount of the order). The seller is entitled to make partial deliveries. Any partial delivery accepted by the buyer is subject to billing from delivery.
The quantity and quality of the delivered goods are those attached to the order.
The seller reserves the right to change the goods to be delivered in the event described in paragraph 2 of Article R132-2 of the Consumer Code, that is to say when the changes are related to the technological change and they do not generate any increase in prices or a deterioration in product quality.
By express agreement, a case of force majeure or events such as lockout, strike, total or partial work stoppage in the plant of the vendor or its suppliers, epidemic, war, requisition, fire, flood, or interruption transportation delays, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or import of the goods, the seller is released from all responsibilities on delivery. The seller will keep the buyer informed timely cases and events listed above. In all cases, delivery within the deadlines can intervene only if the buyer has met its obligations to the seller regardless of the cause.
2.6.1. Shipping and processing
The delivery of our items is free worldwide. This course out customs charges and other respective burden to each country. These special charges will be borne by the customer.
The indicated delivery rates are valid for the whole world. The delivery of products outside mainland France is the subject of a quote when ordering.
Delivery is subject to availability and in the order of arrival of orders. Your orders are processed in the shortest possible time by customer service the seller.
for sending abroad tissue customs charges and other related taxes, are beings set to receive the carrier that is to make customs clearance.
2.6.2. time
The delivery times depend on supply possibilities and transport the seller. The delivery time overruns can not give damages, or restraint.
Shipments take place from 2 to 15 days approximately after receipt of the order.
The times indicated on the site are usually found average delays and correspond to the order processing time, plus shipment carriers.
2.6.3. Delivery in France
After setting delivered by our logistics service, your order is delivered in France in 4 to 15 business days for your situation.
2.6.4. Shipping Internationally
After setting delivered by our logistics service, your order is delivered within a period of 8 to 25 days depending on the destination country and the availability of the manufacturer. These times are for weekdays, excluding routing problem, according to availability, the shipping method chosen, the destination and time of year.
The times indicated are those usually observed. This information is presented for illustrative purposes and are not binding. Seller is not responsible for delivery of the carrier.
2.6.5. Place and date of delivery
The place and date of delivery are determined by the parties.
The purchaser agrees to be present at the time and place agreed for delivery. In the event of unauthorized absence for a legitimate reason, the seller shall be entitled to charge the purchaser the amount of the next delivery. Any absence during the second delivery will trigger the obligation for the purchaser to recover his property to the seller's warehouse, within a reasonable time. However, a second meeting will be possible if the carrier has passed without notifying the customer in advance and without additional cost.
2.6.6. access difficulties
The seller can not be held liable for consequential delivery problems access difficulties instead of that installment.
The consequences of these difficulties facing the purchaser. Thus, the seller can not be sued for damage in these assumptions.
The only delivery men are empowered to judge the difficulty of access and reserve the right not to go upstairs a package, not to make crossings window etc.
The customer agrees with the vendor to implement the necessary means to overcome the supply difficulties (equipment rental, labor supplement, passages of dimensions ...) in case the goods should be delivered with difficulty. The costs in this situation back automatically to the customer. The seller can not be held responsible for non delivery of the goods if the necessary means for it were not implemented by the customer.
2.6.7. Customer's obligation to delivery
On delivery, the customer must unpack the product in the presence of the carrier. He must then check the conformity of the Order delivered in the presence of the carrier before signing the Delivery.
In case of anomaly concerning the delivery, the Customer must indicate its reserves as detailed handwritten comments, dated, explicit and accompanied by his signature on the delivery note.
These anomalies can be:
Product damaged: scratches, bumps, shocks ...
Nonconforming product in kind (reference error, color ...) or quantity.
In case of anomaly or non-compliance, the Customer must refuse the goods and must, as soon as possible even on the day of delivery, submit its claims to Customer Service Seller by registered A / R in following address:
2UPS SARL, BP 40 34370 CAZOULS BEZIERS France
Any claim made beyond 14 days after delivery will be accepted.
The terms "subject to unpacking" or "subject to damage" is insufficient to prove the injury. Your reservations must be clear, precise and detailed.
The absence of complaints, non-expression of reservations by the Client mean that the product delivered is deemed satisfactory and will be subject to subsequent dispute. For example, the Customer may not issue stock to the seller after the departure of the carrier, even if the package has not been opened in the presence of the carrier.
In case of non-compliant goods delivered with the ordered goods after unpacking or at delivery, the purchaser may reject delivered products free of charge. The burden of proof of such non-compliance is the responsibility of the purchaser. In case of non conformity of the goods delivered, the seller will refund or exchange the product (s) (s) to the customer as soon as possible.
If payment to the receipt of goods, cash payment or by installments, the customer must return the full amount due otherwise it will not be possible to proceed with the delivery of the goods. See section 2.5 of these Terms of Sale.
As agreed in section 2.4.6 that these terms of sale, the customer agrees with the vendor to implement the necessary means to overcome the difficulties of delivery.
3. Customer Obligation
3.1. Payment
The buyer pays the spot price when ordering or on delivery, on the terms agreed between the parties. If the client was the subject of a payment default, we reserve the right to block all or part of the past or future orders and apply late penalties, see Section 2.5.2 for more information amles .
3.2. Delivery
On delivery, the customer must unpack the product in the presence of the carrier. It must then verify the compliance of the order delivered in the presence of the carrier before signing the delivery note.
Comply with Article 2.6.7 of the general conditions of sale.
3.3. Delivery difficulties
The customer agrees with the vendor to implement the necessary means to overcome the supply difficulties (equipment rental, labor supplement, passages of dimensions ...) in case the goods should be delivered with difficulty.
Comply with Article 2.6.6 of the general conditions of sale.
4. Obligations of the seller
Article L121-20-3 of the Consumer Code, it follows firstly that the seller, as a professional is automatically liable to the consumer for the proper performance of obligations under the contract concluded at a distance, that these obligations are to be performed by the professional who concluded the contract or by other service providers, without prejudice to its right of recourse against them; secondly it can be exempted from all or part of its liability by proving that non-performance or improper performance of the contract is attributable either to the consumer or to the unforeseeable and insurmountable, a third contract, or to a case of force majeure.
4.1. Information
The seller fulfills his duty of advice and information précontractuel as derived from Article L121-18 of the Consumer Code and the articles to which it refers. Thus the seller particular satisfies its obligation to inform the consumer about the essential characteristics of good since it allows the latter to obtain detailed description of the products by visiting the website or by calling tissens.com advisors 04 67 98 99 17.
By confirming the order, the vendor meets the requirements of Article L121-19 of the Consumer Code.
4.2. goods
The products comply with French legislation and standards applicable in France and CEE.
4.3. Delivery
The quantity and quality of the goods delivered are those attached to the order.
The seller reserves the right to change the goods to be delivered in the event described in paragraph 2 of Article R132-2 of the Consumer Code, that is to say when the changes are related to the technological change and they do not generate any increase in prices or a deterioration in product quality, provided that the consumer is free to identify the characteristics which he makes his commitment.
5. Reservation
The goods to be delivered and invoiced to you remain the property of the seller until full payment of their price. Failure to pay could lead to claim the goods by the seller, restitution being immediate and the goods delivered at your expense and risk.
During the period between the delivery and transfer of ownership, the risk of loss, theft or destruction and the damage you cause are your responsibility. The buyer agrees to the case of insolvency proceedings affecting his business, to actively participate in the establishment of an inventory of goods in inventory, the vendor claims ownership.
Otherwise, the seller has the right to see the inventory by bailiff at the expense of the buyer. The seller may prohibit the purchaser to proceed with the resale, processing or incorporation of goods in case of late payment.
To guarantee the payments not yet made and in particular the balance of the account of the buyer in the writings of the seller, it is expressly stipulated that rights to goods delivered but not paid are referred on identical goods from the seller in the stock in the Buyer, without the need to allocate payments on a specific sale or delivery.
6. Warranty
We strive to make our products and services meet your expectations.
When a concern arises with an item, the customer should contact the customer service by visiting the vendor's website and by using the "Contact Us" or by calling Customer Service on 04 67 98 99 17.
For articles, a difference can be found between the announced dimensions and those found on the products, made light craft were finishing products ( "made hands").
Warning: For all our furniture too dry and overheated atmosphere (over 20 °) can cause withdrawals or even slight cracks on the panels. Conversely, too humid atmosphere may dilate the wood to cause the rupture of fastenings.
6.1. manufacturer warranty
The product warranty is the "warranty manufacturers." "Warranty-makers' aims to defects in materials or workmanship. Its implementation (labor requested and necessary transportation) is made by the seller in mainland France only.
Interventions under the guarantee can not have the effect of extending the length thereof, subject to Article L. 211-16 of the Consumer Code.
Under this warranty, the only obligation the seller will, at its discretion, either a free replacement product for an identical or equivalent range if the product is no longer manufactured or repair of the product or the item found defective by its services.
The seller reserves the right not to return the goods to be replaced.
Any product called benefit of the guarantee must be previously submitted to customer service seller whose agreement is essential for any replacement or repair.
6.2. Limited Warranty
Seller's guarantee is limited to repair, replacement or a refund value of the goods found defective by the seller, taking account of the use which has been made and this free choice of the seller.
The seller will only ensure the replacement of defective parts and repairing the damage of the goods supplied to the buyer by him. The guarantee does not cover the labor costs, or those resulting from disassembly, reassembly and transport, except in the case of standard exchange.
6.3. Disclaimer of Warranty
The warranties exclude externally damages, consequential damages from improper product use, damage resulting from the intervention of a repairer not authorized by the seller or manufacturer defects and deterioration caused by wear natural or by an external accident (incorrect installation, faulty maintenance, abnormal use, fire, water damage ...)
The seller can not under any circumstances be held liable for material and immaterial damage that would occur during the troubleshooting in case the customer return products that were not supplied by the seller.
The manufacturer warranty does not cover cases where an apparent defect at the time of receipt of the goods had not been declared by the customer under the conditions set out in Article 3.2.
The seller can be liable under the guarantee of failure or damage caused directly or indirectly the following cases:
Any storage without protection or extended.
Any negligence, incorrect connection or handling, maintenance and use of non-compliant equipment with the technical specifications of the seller or manufacturer, or more generally a defective or awkward use.
Any addition of complementary device or accessory equipment or use of any parts required for the operation of equipment not conforming to the technical specifications of the vendor or manufacturer.
Any modification or mechanic, electronic, electrical or other to the equipment or its connecting devices by any third party.
In case of bankruptcy or manufacturer supply impossibility, the customer can turn against the seller, who assumes no responsibility for product warranty of that manufacturer.
7. Cancellation and withdrawal
7.1. Right to retract
As provided by Article L121-16 of the Consumer Code, the European Directive 2011/83 / EU Articles L121-17, L121-21 to L121-21-8 and as part of the sale distance, the buyer has a withdrawal period of 14 days from the delivery of the order.
When this period expires on a Saturday, Sunday or a holiday or holiday, it is extended to the next working day. The withdrawal is excluded in particular for contracts of goods clearly personalized or made supplies according to the consumer's specifications (custom-made articles and measure out standard, items subject to a particular design, specific sizes or thicknesses , items with additions or special modifications such as closures, custom colors, ticks, special arrangements).
Namely in the case of orders including various items delivered in batches: the deadline will run on receipt of the last good.
The exercise of this right is done either directly online via the withdrawal form or by sending a registered letter with acknowledgment formalizing the period of 14 calendar days from the Customer Service
2UPS SARL, BP 40 34370 CAZOULS BEZIERS - FRANCE - Tel. 04 67 98 99 17.
To exercise his right of withdrawal online, the buyer shall have no need to justify its decision and send its request using the withdrawal form available on the website at the following address: http: // Tissens. com / en / Module / powerfulformgenerator / display? id = 2 and in the order confirmation email. If the buyer does not need to give a reason regarding his withdrawal, we can not recommend it to indicate when the same motif purposes.
We recall that, under Article 16-c of the European Directive 2011/83 / EU, the right of withdrawal set out in Articles 9 to 15 shall not apply in respect of distance contracts and contracts off-site regarding the supply of goods made to customer specifications or clearly personalized. The fabrics under a cut may not fall within the scope of this law, it is the same for cleaning products, glues or other hardware goods or dry goods, if they have been opened.
7.2. Return of goods
The return of means will be initiated at the convenience and the customer's expense. In no case the seller can not be held to organize the return of canceled goods under Articles 120-21 of the Consumer Code and the European Directive 2011/83 / EU Articles L121-17, L121-21 to L121-21-8.
The transfer of risk from the customer to the seller shall be deemed effective upon receipt of the product to the seller's warehouse.
The products must be in good condition and returned in their original packaging, it is added to a package covering the entire product; they must show no trace of use, be accompanied by their accessories, assembly instructions and warranty certificate.
Only after checking that these conditions are met, or that the returned items are in perfect condition that the seller will refund the sums received for returned goods postage included, if the sending has subject to shipping costs.
Otherwise, no refund can not be payable, the client will retain ownership of the product, he can come to recover the seller's warehouse
2UPS SARL, BP 40 34370 CAZOULS BEZIERS - FRANCE, within 14 days.
The object returns whose weight does not exceed 30Kg can be made via Colissimo service La Poste. A simulator is available on the website of La Poste to calculate the cost, http://www.laposte.fr/Particulier/Utiliser-nos-outils-pratiques/Outils-et-documents/Calculez-le-tarif-de-vos-envois
Returns for the upper objects will 30Kg beings made by the carrier, the choice remains with customer convenience and a simulation of the cost can be made on site http://www.envoimoinscher.com
7.3. Result
The exercise of this right entails the repayment of the customer as the payment method used by the client for the initial transaction unless prior agreement between the two parties for another method of repayment, after qualitative and quantitative verification of the returned products. A discount may be applied in the case of a returned product damaged, worn, or not in accordance with the initial order. Additional shipping costs remain to the customer if the delivery method chosen is more expensive than the standard mode.
8. Cancellation clause
In case of non-compliance with an obligation of the buyer thereof, the sale may be terminated automatically and the goods returned to the seller if he sees fit, without prejudice to any damages that the seller could argue against the purchaser, within 48 hours after the notice has remained ineffective . In this case, the seller is entitled to claim from the buyer a fixed compensation of 10% of the sale amount.
9. Freedom of Information Act
According to the law 78-17 of 6 January 1978 consolidated by Law 2004-801 of August 6, 2004, you have a right to access and correct data. Through us, your address will not be passed to third parties. You can never receive proposals from other companies through our website.
9.1. Your privacy
The seller takes great care to protect your personal data and makes every effort to respect that right. When placing your order or request a catalog, the seller registers, for the processing of your application, some data such as name and postal address. The seller is required to ask for this information to organize for better trade relations and service that customers expect.
email address is only for services from the seller. In shipments by e-mail, will be specified clearly in the message subject, which appears in the inbox, identity, brand or commercial nature of these proposals.
Length of message, the client will also find the opportunity, by simple click, to exercise its right to object to the shipment of any new marketing message by email.
9.2. Use of Cookies
When consulting the vendor's site, this collection, from the software activated by your own computer, data on the date, page views, consultation time and the computer address of your computer, ISP, search engine, link, the origin of this consultation.
This collection allows the seller to improve the ergonomics of its website and to enhance the efficiency of its services and never making any advertising or commercial prospecting.
9.3. Data collected in the order
To effectively handle requests from the client, the seller requests a number of data: company name, delivery and billing address, email address, phone number.
Some of them are necessary to process the order, let others know the customer and tailor solutions to their needs. In no event information will only be given to a third party.
10. Intellectual Property
All the texts, commentaries, articles, illustrations and images, whether visual or audio, reproduced on the seller's website are protected by copyright, trademark law, patent law and image rights, and for the world. They are the full property of the seller or manufacturer concerned.
As such and in accordance with the Code of Intellectual Property, only use for private use subject to different rules even more restrictive code of intellectual property, is permitted.
Affixing a hypertext link to the vendor's site, using the technique known as framing or deep linking is strictly subject to written consent of the company, upon request to the webmaster: contact@tissens.com
Any other use constitutes infringement and is punishable under the Intellectual Property without prior authorization of the seller.
Total or partial reproduction of the seller is strictly prohibited unless expressly authorized seller.
11. Modification of terms of sale
The seller reserves the right to amend without notice the terms of sale, however, the versions of the document will be available for reference header.
It is available to customers a document containing the terms and conditions in a printable format (PDF) can be downloaded at the following address: http://tissens.com/cgv.pdf
The customer can download Adobe Reader at the following address: http://get.adobe.com/fr/reader/