TERMS & CONDITIONS

 

 

1. Applicability

 

These terms and conditions are applicable, in the version valid at the time the order is placed, for all types of goods and services provided to customers by designers-avenue SARL, unless the sales contract or other agreement concluded by and between designers-avenue SARL and its customer contains written provisions to the contrary. Any other statements or communications to be provided shall be valid only if made in writing.

 

 

2. Identification

 

designers-avenue SARL 7 rue René Viglieno F-06400 Cannes France Email : info@designers-avenue.com SIRET : 484 455 217 00022 VAT : FR16484455217 Ph./Fax: 00.33-4.93.99.32.98 (10:00 - 16:00)

 

 

3. Orders and Agreement

 

All offers made by designers-avenue SARL are without obligation. An agreement is made between designers-avenue SARL and the customer when the customer places an order and it is accepted by designers-avenue SARL. Ordering is performed by transmitting the fully completed online order form. By clicking on “confirm”, the customer is giving an ELECTRONIC SIGNATURE, which has the same status as a handwritten signature. designers-avenue SARL will deal with the order as soon as payment was accepted.

 

 

4. Prices

 

The product price is the price displayed in EURO for the item on the service at the time of ordering. All product prices include the French value-added tax of 20,0 %. Prices do not include any decoration or further accessories shown in the pictures, unless mentioned.

 

 

5. Delivery terms

 

designers-avenue SARL generally ships ordered products which are in stock within 24 hours. Merchandise is shipped insured via the French Post (Colissimo) and should be delivered within 3-6 business days. The delivery time for products out of stock is mentioned on each product page. Some bulky products are shipped from our suppliers via UPS, DHL, EXAPAC or a forwarding company. Designers-avenue will inform you about the shipping including its tracking number. designers-avenue SARL is entitled to fulfil the order in partial deliveries. designers-avenue SARL reserves and retains the right not to fulfil the order if the ordered merchandise is not available at all or at an acceptable time, or cannot be delivered due to lack of quality. In this case, designers-avenue SARL will notify the customer without delay and refund any payment already made. designers-avenue SARL reserves and retains the right to supply later models in lieu of the ordered merchandise, provided they also fulfil the agreed specifications and are not more expensive than the ordered merchandise. If there is a delay in acceptance on the customer's part, designers-avenue SARL reserves and retains the right to store the merchandise at the customer's expense and -- in commercial transactions -- sell it to third parties by way of public auction.

All shipped items are insured and packed very carefully and well protected. Nevertheless it can happen that a product was damaged during the transport. If the parcel should arrive damaged please notify the delivery company immediately and if possible make some notes on the receipt. If you should notice that a product was damaged after you opened the parcel, please notify designers-avenue immediately at info@designers-avenue.com. We cannot accept any claims concerning damage during transit, received later than 48 hours after the delivery.

 

 

6. Shipping costs

 

Shipping to other countries on request. Calculation of shipping costs:

 

Country Shipping price
France, Monaco € free/ 6,90 / 9,90
Belgium, Luxembourg, Germany, Netherlands € 12,90
United Kingdom, Italy, Spain € 15,00
Austria, Denmark, Ireland € 17,00
Finland € 20,00
Switzerland * € 20,00

 

*Any applicable local duties/taxes will have to be defrayed by the customer. *The shipping of LAMPS, FURNITURE, FIREPLACES, MIRRORS and ACRYLIC PAINTINGS to Switzerland is unfortunately not possible

 

 

7. Payment options

 

designers-avenue SARL offers the following payment options: Credit-card 3D Secure: designers-avenue SARL accepts VISA, EURO/MASTER and CB (Carte Bancaire; only in France) By providing his account information in the online order form, the customer authorizes designers-avenue SARL to charge the amount of the invoice to that credit card. Prepayment/Bank transfer: designers-avenue will provide the international bank details. If no payment was made until 7 days after the order date, designers-avenue SARL reserves the right to cancel the contract. Cheque (only in France! ): By sending a cheque, the customer authorizes designers-avenue SARL to charge that amount to his account. If the cheque arrives more than 7 days after the order date, or if the bank returns the cheque for any reason, designers-avenue SARL reserves the right to cancel the contract. Security: The account information as well as credit card details are forwarded maximum protected via SSL-encryption directly to e-transactions. Your bank details are never known to designers-avenue, at any time. E-transactions is a secured payment system from Credit Agricole, one of the biggest bank groups in France.

 

 

8. Payment delay

 

All invoices are immediately due and payable in full unless explicitly agreed otherwise. If the customer enters payment arrears, designers-avenue SARL reserves and retains the right to charge interest on arrears at a rate three points above the current base interest rate.

 

 

9. Right of Return

 

The customer may cancel the order without stating a reason in writing (postal mail or e-mail) and by returning the ordered merchandise within 14 business days of receipt (according to French consumer protection legislation). The customer is obligated to return the merchandise within 14 days after cancellation. We do not accept any returned parcels, if the client did not inform us in advance. Exceptions: - Merchandise prepared according to customer specifications (such as engraving) - Merchandise that by its nature is not suitable for return - Merchandise that can spoil quickly or whose expiration date would be exceeded It is sufficient if the cancellation is sent by the deadline to designers-avenue SARL, 7 rue René Viglieno, 06400 Cannes/France, e-mail: info@designers-avenue.com. We cannot accept returns, which are not prepaid. After receiving and checking the returned merchandise, designers-avenue SARL will refund the purchase price within max. 14 days to the customer. The customer shall pay the regular cost of return shipments. The product shall be unused, in the condition that the customer received it and it shall be repackaged into its original package. If the merchandise is damaged, destroyed, or consumed, this shall not preclude the customer's cancellation right; however, he must pay for the decrease in value, if applicable, according to the relevant statutory provisions.

 

 

10. Set-off

 

Set-off and the assertion of retention rights (including commercial rights) are permissible only if the underlying counterclaims are uncontested or have been adjudicated finally and absolutely.

 

 

11. Warranty

 

designers-avenue SARL warrants its goods and services only within the scope of statutory provisions (Art. 1641 following, Code Civil). The inspection and defect notification duties applicable to commercial transactions shall remain unaffected, as shall any manufacturer guarantee included with the merchandise. Obvious defects must be reported in writing no more than 7 days after the merchandise was received. In the event of a warranty claim, designers-avenue SARL reserves and retains the right to either repair or replace merchandise supplied by designers-avenue SARL that turns out to be defective. If such steps are unsuccessful the customer shall be entitled, at his election, to reduce the price paid for such merchandise or to rescind the order for the faulty merchandise.

 

 

12. Warrented Characteristics

 

Warranted characteristics must in any case be explicitly stated by designers-avenue SARL. Product pictures on the website may differ from the actual articles in colour and general impression.

 

 

13. Liability

 

designers-avenue SARL shall not have any contractual or non-contractual damage compensation duty unless the damage is due to gross negligence or intent. If a material contractual duty is violated, designers-avenue SARL shall be liable even in cases of slight negligence; in any case, liability shall be limited to the financial injury, which designers-avenue SARL must have foreseen -- at the time the agreement was made -- as a possible consequence of violating the agreement. Any product liability claims shall remain unaffected by the preceding limitations.

 

 

14. Data protection

 

The personal information required for administration of the agreement is provided by the customer. designers-avenue SARL shall be required to treat all personal information as confidential and to protect it from unauthorized access. When processing your order, designers-avenue SARL will responsibly and accurately handle your information. designers-avenue SARL will not submit any information supplied by the customers to third parties. The customer has the right to access, change or delete his information, by informing designers-avenue SARL, info@designers-avenue.com, in accordance with the law “Informatique et libertés”, N° 78.17 from 06.01.1978.

 

 

15. Limitation Period

 

Any damage compensation claims against designers-avenue SARL, with the exception of damage claims in tort, shall become time-barred according to the statutory provisions, but no later than two years after the goods or services are provided on which the claim is based. Compensation claims due to possible consequential damage from defects -- except claims in tort -- shall become time-barred six months after the devolution of risk or, for contracts for work, after inspection and approval.

 

 

16. Title Reservation

 

The merchandise remains the property of designers-avenue SARL pending payment in full (law N° 80335 from 12.05.1980). The customer is required to notify designers-avenue SARL without delay in case of any attachment by third parties upon the merchandise subject to title reservation (reserved merchandise), specifically judicial-enforcement measures or other seizures, and of any damage occurring to the reserved merchandise. If the merchandise is delivered to a country in which the above title reservation is not enforceable in total, the customer shall be required to provide designers-avenue SARL with equivalent security.

 

 

17. Assignment and Transfer

 

The customer shall only be entitled to assign and transfer the rights under the agreement -- with the exception of payment claims -- with designers-avenue SARL’s prior consent. Such consent may only be withheld for good cause.

 

 

18. Jurisdiction and Venue

 

In case of any disputes arising from or in connection with the agreement or these terms and conditions, the courts of Cannes shall have exclusive jurisdiction and venue if the customer is a merchant or a legal entity under public law, or if the customer's domicile or usual place of residence is either outside France or is unknown at the time the action is filed.

 

 

19. Place of Fulfilment

 

Place of fulfilment is Cannes/France.

 

 

20. Severe Nullity

 

Should one or more provisions of the agreement or of these terms and conditions be or become invalid or unfeasible, or be replaced by applicable national law, this shall not affect the validity of any remaining provisions.

 

 

21. Choice of Law

 

The contractual relations between the parties are subject to and shall be construed in accordance with the French law.