Terms of sale

Effective as of 11/11/2023

ARTICLE 1 - SCOPE

These General Terms and Conditions of Sale (the "T&Cs") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("the Customers" or "the Customer") wishing to purchase the products offered for sale ("the Products") by the Seller on the website https://www.ambienthome.fr. The Products offered for sale on the website are as follows: lamps, chandeliers, wall lights.

The main characteristics of the Products, in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the website https://www.ambienthome.fr, and the Customer is required to read them before placing an order. The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are valid while stocks last, as specified when the order is placed. These T&Cs are accessible at any time on the website https://www.ambienthome.fr and shall prevail over any other document.

The Customer declares that they have read these T&Cs and accepted them by ticking the box provided for this purpose before starting the online ordering procedure on the website https://www.ambienthome.fr. Unless proven otherwise, the data recorded in the Seller's computer system constitute proof of all transactions concluded with the Customer.

Seller's contact details:

  • Jacques sébastien Thomas
  • 60, rue François 1er, 75008 Paris
  • Registration number: 101 549 319
  • Email: info@ambienthome.fr
  • Telephone: 0783007802

ARTICLE 2 - PRICES

The Products are supplied at the prices in force shown on the website https://www.ambienthome.fr at the time the order is recorded by the Seller. Prices are expressed in euros, excluding and including VAT.

Prices take into account any discounts granted by the Seller on the website https://www.ambienthome.fr. These prices are firm and not subject to revision during their period of validity, but the Seller reserves the right, outside the period of validity, to change prices at any time.

Prices do not include handling, shipping, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the website and calculated before the order is placed. The payment requested from the Customer corresponds to the total amount of the purchase, including these charges.

An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.

ARTICLE 3 - ORDERS

It is the Customer's responsibility to select on the website https://www.ambienthome.fr the Products they wish to order, as follows: the Customer chooses a Product and places it in their basket; they may remove or modify this Product before confirming their order and accepting these general terms and conditions of sale. They will then enter their contact details or log in to their account and choose the delivery method. Once the information has been confirmed, the order will be considered final and will require payment by the Customer in accordance with the terms provided.

Product offers are valid for as long as they are visible on the website, while stocks last. The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to check that the order is correct and to report any error immediately.

Any order placed on the website https://www.ambienthome.fr constitutes the formation of a distance contract between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding payment for a previous order. The Customer may follow the progress of their order on the website.

ARTICLE 4 - PAYMENT TERMS

The price is paid by secure payment, by the following means:

  • Payment by bank card,
  • Payment by PayPal, Apple Pay

The price is payable in cash by the Customer, in full on the day the order is placed. Payment data are exchanged in encrypted form using the protocol defined by the approved payment service provider handling the banking transactions carried out on the website https://www.ambienthome.fr.

Payments made by the Customer will only be considered final once the sums due have actually been received by the Seller. The Seller shall not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the full price under the conditions set out above.

ARTICLE 5 - DELIVERY

The Products ordered by the Customer will be delivered in the countries offered when ordering on the website. Deliveries are made within 3 to 8 working days for standard delivery, and within 24 to 48 hours for express delivery, to the address indicated by the Customer when ordering on the website. Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or where one or more Products are unavailable, the Products ordered will be delivered in a single shipment.

The Seller undertakes to use its best efforts to deliver the products ordered by the Customer within the time limits specified above. If the Products ordered have not been delivered within 10 days after the indicative delivery date, for any reason other than force majeure or the act of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be refunded no later than fourteen days following the date of termination of the contract, without any compensation or deduction.

Deliveries are made by an independent carrier, to the address given by the Customer when ordering, which must be easily accessible to the carrier. Where the Customer has arranged for a carrier of their own choice, delivery is deemed to have taken place as soon as the Products ordered have been handed over by the Seller to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to carry out the delivery and that they have no warranty claim against the Seller in the event of failure to deliver the goods transported.

In the event of a special request by the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be invoiced separately, on the basis of a quotation previously accepted in writing by the Customer.

The Customer is required to check the condition of the products delivered. They have 30 days from delivery to make any complaint by e-mail (info@ambienthome.fr), together with all relevant supporting documents (in particular photos). After this period, and failing compliance with these formalities, the Products will be deemed to be compliant and free from any apparent defect, and no complaint can validly be accepted by the Seller.

The Seller will refund or replace as soon as possible and at its own expense any delivered Products whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 et seq. of the French Consumer Code and those provided for in these T&Cs.

The transfer of the risks of loss and deterioration relating to the Products will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk, except where the Customer has chosen the carrier themselves. In that case, the risks are transferred when the goods are handed over to the carrier.

ARTICLE 6 - TRANSFER OF OWNERSHIP

Ownership of the Products will only pass from the Seller to the Customer after full payment of the price by the Customer, regardless of the delivery date of said Products.

ARTICLE 7 - RIGHT OF WITHDRAWAL

In accordance with article L221-18 of the French Consumer Code: "For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first item."

The right of withdrawal may be exercised online, using the withdrawal form attached and also available on the website, or by any other unambiguous statement expressing the wish to withdraw, in particular by letter sent to the Seller at the postal or e-mail address indicated in ARTICLE 1 of the T&Cs.

Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products will not be accepted.

Return costs remain the responsibility of the Customer.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.

ARTICLE 8 - SELLER'S LIABILITY - WARRANTIES

The Products supplied by the Seller benefit from:

  • the legal warranty of conformity, for Products that are defective, damaged or do not correspond to the order,
  • the legal warranty against hidden defects resulting from a defect in materials, design or manufacture affecting the products delivered and rendering them unfit for use,

Provisions relating to legal warranties

Article L217-4 of the French Consumer Code

"The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation where the latter was made the seller's responsibility under the contract or was carried out under the seller's responsibility."

Article L217-5 of the French Consumer Code

"The goods are in conformity with the contract:

1° If they are fit for the use usually expected of similar goods and, where applicable:

- if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model

- if they have the qualities that a buyer may legitimately expect with regard to public statements made by the seller, the producer or their representative, in particular in advertising or labelling

2° Or if they have the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, made known to the seller and accepted by the latter."

Article L217-12 of the French Consumer Code

"Any action resulting from a lack of conformity is time-barred two years after delivery of the goods."

Article 1641 of the French Civil Code.

"The seller is bound by a warranty against hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would only have paid a lower price for it, had they known of them. "

Article 1648, paragraph 1, of the French Civil Code

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

Article L217-16 of the French Consumer Code.

"Where, during the term of the commercial warranty granted to the buyer upon the purchase or repair of movable goods, the buyer asks the seller for a repair covered by the warranty, any period of immobilisation of at least seven days is added to the remaining term of the warranty. This period runs from the buyer's request for intervention or from the time the goods in question are made available for repair, if this is later than the request for intervention."

In order to assert their rights, the Customer must inform the Seller in writing (by e-mail or letter) of the non-conformity of the Products or the existence of hidden defects upon their discovery.

The Seller will refund, replace or have repaired the Products or parts under warranty found to be non-compliant or defective.

Shipping costs will be refunded on the basis of the rate invoiced, and return costs will be refunded upon presentation of supporting documents.

Refunds, replacements or repairs of Products found to be non-compliant or defective will be carried out as soon as possible and no later than 30 days after the Seller has established the lack of conformity or the hidden defect. Refunds may be made by bank transfer or cheque.

The Seller cannot be held liable in the following cases:

  • non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,
  • in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
  • The photographs and graphics presented on the website are not contractual and cannot give rise to the Seller's liability.

The Seller's warranty is, in any event, limited to the replacement or refund of non-compliant or defective Products.

ARTICLE 9 - PERSONAL DATA

The Customer is informed that the collection of their personal data is necessary for the sale of the Products by the Seller and for its transmission to third parties for the purpose of delivering the Products. This personal data is collected solely for the performance of the contract of sale.

9.1 Collection of personal data

The personal data collected on the website https://www.ambienthome.fr is as follows:

Ordering Products:

When the Customer orders Products:

First name, surname, postal address, e-mail address, telephone number.

Payment

As part of the payment for the Products offered on the website https://www.ambienthome.fr, the website records financial data relating to the bank account or credit card of the Customer / user.

9.2 Recipients of personal data

Personal data is used by the Seller and its contractors for the performance of the contract and to ensure the efficiency of the sale and delivery of the Products.

The category or categories of contractor(s) is (are):

  • website host

9.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act (loi Informatique et libertés) and, from 25 May 2018, Regulation 2016/679 on the protection of personal data.

9.4 Restriction of processing

Unless the Customer gives their express consent, their personal data is not used for advertising or marketing purposes.

9.5 Data retention period

The Seller will keep the data collected for a period of 5 years, covering the applicable limitation period for contractual civil liability

9.6 Security and confidentiality

The Seller implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Exercise of the rights of Customers and users

In accordance with the regulations applicable to personal data, Customers and users of the website https://www.ambienthome.fr have the following rights:

  • They may update or delete their data as follows: by e-mail (info@ambienthome.fr).
  • They may delete their account by writing to the e-mail address indicated in article 9.3 "Data controller"
  • They may exercise their right of access to find out what personal data concerns them by writing to the address indicated in article 9.3 "Data controller"
  • If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 "Data controller"
  • They may request the deletion of their personal data, in accordance with the applicable data protection laws, by writing to the address indicated in article 9.3 "Data controller"
  • They may also request the portability of the data held by the Seller to another provider
  • Finally, they may object to the processing of their data by the Seller.

These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or by e-mail to the Data Controller, whose contact details are given above.

The data controller must respond within a maximum of one month.

Any refusal to grant the Customer's request must be justified.

The Customer is informed that, in the event of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be invited to tick a box by which they agree to receive informational and promotional e-mails from the Seller. They will always be able to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 - INTELLECTUAL PROPERTY

The content of the website https://www. ambienthome.fr is the property of the Seller and its partners and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an offence of infringement (counterfeiting).

ARTICLE 11 - APPLICABLE LAW - LANGUAGE

These T&Cs and the transactions arising from them are governed by and subject to French law.

These T&Cs are written in French. Should they be translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

ARTICLE 12 - DISPUTES

For any complaint, please contact customer service at the Seller's postal or e-mail address indicated in ARTICLE 1 of these T&Cs.

In the event of a dispute between the Customer and the company, they will endeavour to resolve it amicably (the Customer will send a written complaint to the professional or, where applicable, to the professional's Customer Relations Department).
Failing an amicable agreement or in the absence of a response from the professional within a reasonable period of one (1) month, the Customer, as a consumer within the meaning of article L.133-4 of the French Consumer Code, may, if a disagreement persists, refer the matter free of charge to the competent mediator registered on the list of mediators drawn up by the Commission d'évaluation et de contrôle de la médiation de la consommation pursuant to article L.615-1 of the French Consumer Code, namely:


La Société Médiation Professionnelle
www.mediateur-consommation-smp.fr
24 rue Albert de Mun - 33000 Bordeaux

The Customer is also informed that they may use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes relating to purchase and sale transactions concluded under these T&Cs which have not been settled amicably between the parties or through mediation will be submitted to the competent courts under the conditions of ordinary law.