General Terms and Conditions

1 - Acceptance of these General Conditions of Sale

You may only order if you accept all of the provisions set out below.

Any order will be exclusively governed by these general conditions of sale, to the exclusion of any other condition of purchase.

The validation click that you execute after having completed your order form constitutes confirmation of your order and will be worth irrevocable acceptance of these general conditions. It will manifest your definitive consent to contract with home-beddings-and-curtains.com  for the products you have selected, subject to your right of withdrawal as referred to in Article 17 and the possible application of the provisions of Article 11 of these general terms and conditions of sale.

The sale is made only by mail order.

2 - Home Beddings & Curtains Company  - Legal notices

Company Identification:

FRANCE

SIRET No.: RCS 815364740
Intra-community VAT number: FR30815364740

Email: hbc.contactez.nous@gmail.com

Presentation of the essential characteristics of the goods and services offered.
The prices of our products are inclusive of all taxes. The prices indicated do not include shipping costs.

Indication of the terms of payment, delivery or execution.

Existence of a right of withdrawal.

Validity period of the offer and price.

All information contained in the site www.home-beddings-and-curtains.com (hereinafter referred to as the Site) are in French.

The customer acknowledges having, prior to placing the order, read all of the aforementioned information and the general conditions of sale.

The customer, prior to ordering the product, declares that the acquisition of said product is not directly related to his professional activity, their acquisition being reserved for his personal use.

As a consumer, the customer therefore has specific rights, which would be called into question if the products purchased through the online store were in reality related to his professional activity.

He further declares that he has the legal capacity to enter into a commitment under these general conditions.

3 - Offer coverage

The geographical area covered by the home-beddings-and-curtains.com store offer  can be viewed in the “Deliveries” area.

This contract is formed, in decreasing order of legal value, of the following documents:

these General Conditions of Sale,

the purchase order.

The photographs illustrating the products on the Site are part of the contractual field. If errors or alterations resulting from the processing of these photographs have been introduced, the responsibility of home-beddings-and-curtains.com cannot, under any circumstances, be held liable for this. The interpretation of colors is subjective.

4  - Order taking

Any order form signed with the validation click constitutes an irrevocable commitment by the customer which can only be challenged in the cases strictly provided for in this contract in the articles “Right of withdrawal” and “Execution of the order”.

5  - Order confirmation

The conclusion of the contract will only take place at the time of confirmation of the order by home-beddings-and-curtains.com.

The customer will receive an acknowledgement of receipt by email confirming the order with all the elements constituting the contract (products ordered, prices, delivery times, shipping costs, etc.)

home-beddings-and-curtains.com reserves the right not to confirm an order for any reason whatsoever, in particular due to a problem with the supply of products or a problem concerning the order received.

6  - Duration of the offer

The offers contained in this site are valid as long as the products relating to them remain online and while stocks last.

7  - Price - Invoice

Prices are expressed in Euros.

The shipping costs indicated on the site only concern deliveries to individuals.

The price guaranteed to the buyer is that displayed on the Site at the time of purchase.

The price set at the time of purchase is firm and final. It does not include participation in delivery costs invoiced in addition and which will be indicated in the order confirmation.

An invoice will be issued by home-beddings-and-curtains.comThe customer must specify the address to send the invoice.

8  - Payment

Payment of the full price is due upon ordering.

The customer agrees to pay the price stipulated for the product ordered on the Site (price of the products and transport) and to pay or have paid, where applicable, directly to the freight forwarder or carrier, the customs duties, VAT or other taxes due on the occasion of the importation of the products into the country of the place of delivery.

The customer pays for his order:

• By bank card as offered on the Site.

The customer guarantees to home-beddings-and-curtains.com that he has any necessary authorizations to use the card payment method when placing the order. Any attempted fraud will be prosecuted in court.

• By Paypal as offered on the Site.

Take advantage of secure Paypal payment on home-beddings-and-curtains.com.

9  - Default of payment - Retention of title

The products ordered remain the property of home-beddings-and-curtains.com until final and full payment of their price in accordance with the terms of law no. 80 335 of May 12, 1980. home-beddings-and-curtains.com reserves the right to claim the products ordered in the event of non-payment.

In this case and upon first request of home-beddings-and-curtains.com, the customer agrees to return any unpaid product, all costs at his expense.

10  - Transfer of risks

According to article L138-4 of the Hamon law:

"Any risk of loss or damage to property is transferred to the consumer at the time when the latter or a third party designated by him, and other than the carrier proposed by the professional, takes physical possession of these goods".

The transfer of risks to the customer occurs upon delivery of the products by home-beddings-and-curtains.com to the end customer via the carrier. The end customer must check the product upon receipt. and to issue the necessary reservations on the delivery note. The mention "subject to unpacking" has no legal value. The customer must check the contents of each product. The delivery person cannot refuse it. The customer has a reasonable period of time with the carrier to check the product and issue the reservations. Without these reservations, delivery insurance cannot be used. The same applies in the event of sending or returning products carriage paid.

If the delivery person refuses you this right, you refuse the package or indicate on the carrier's receipt that you were prevented from checking the contents of the packages.

During the withdrawal period mentioned in Article 17 below, the customer is responsible for the item as custodian. In the event of deterioration or destruction of the product during the customer's custody, the latter will suffer all the consequences.

11  - Execution of the order

The order will be executed within the time limits specified on the Site and upon confirmation of the order by home-beddings-and-curtains.com and in any event no later than 30 days following confirmation of the order, subject to the availability of the product ordered and unless otherwise agreed between the parties.

In the event of a stock shortage or unavailability of the product ordered, home-beddings-and-curtains.com undertakes to inform the customer as soon as possible and to specify an availability period.

The customer will confirm by email their choice to either wait for the product to become available or to be reimbursed.

12  - Delivery / Returns

The geographic delivery area corresponds to the geographic coverage area of ​​the offer.

As some carriers do not have weekend deliveries and wish to be as close to reality as possible, our delivery times are measured in working days.

The products are delivered to the address indicated by the customer on the order form.

Delivery is deemed to have been made upon receipt of the product by the consumer or the third party mandated.

The delivery note provided by the carrier, dated and signed by the customer upon delivery of the product will constitute proof of transport and delivery.

Upon delivery, the customer must check the contents, conformity and condition of the product(s).

In the event of delays, damage, total or partial loss, or any other problem, you are advised to contact Customer Service. home-beddings-and-curtains.com as soon as possible.

Therefore, upon delivery, the customer must check the condition of the products delivered before signing the acknowledgement of receipt of the package. The carrier cannot leave without you having signed, he is obliged to let you make the necessary observations.

If the customer finds any anomalies, he must refuse delivery of the products or issue handwritten, precise and dated reservations. These reservations must be confirmed to the Customer Service Advisory Service by registered letter with acknowledgment of receipt within three (3) working days following delivery of the products.

In order to keep your shipping costs as low as possible, we strive to ship items as quickly as possible, while limiting the number of shipments. Thus, orders for several items will automatically be grouped into a single delivery. In case of emergency, a specific request can be made by email.

In the event of refusal of the package by the customer or if the customer does not collect the package on time from the relay point, the actual transport costs will be deducted from the refund.

If you wish to make a return:

The returned item must be in its original packaging, with all tags attached. It must be folded in the same way as if it was unpacked.

If we find that the product is not returned in a condition allowing it to be returned, we will apply a fee equivalent to 20% of the value of the product in order to repair the product.

Return costs are the responsibility of the customer.

If you paid shipping costs for your order (purchase of less than 100 euros), you will be refunded the entire order, shipping costs included (See T&Cs chapter 12 at the bottom left of the home page).

For the UK and the United States, the customer must pay customs fees to return their package to us and for the package to be accepted by the returns service.

Once the item is received, we will refund your order.

In case of exchange, please place a new order on our site.

The returns are to be carried out  at the following address:

Logisseo HBC

HOME BEDDINGS AND CURTAINS

28 boulevard Gaston Birgé

49100 ANGERS

13  - Force majeure

Cases of force majeure are expressly considered to be those usually accepted by the case law of French courts and tribunals.

The occurrence of a case of force majeure will, initially, automatically suspend the execution of the order.

If, beyond a period of three (3) months, the parties note the persistence of the case of force majeure, the order will be automatically cancelled, unless otherwise agreed by both parties.

14  - Withdrawal of products in the event of the customer's absence

If the recipient is not present at the time of delivery, the carrier will leave a delivery notice at the delivery address provided by the customer. The products must be collected from the address and in the manner provided by the carrier.

In the event of non-collection within the time limits set by the carrier, the products will be returned to home-beddings-and-curtains.com which reserves the right to refund the price, with shipping costs remaining the responsibility of the customer.

15  - Complaints

Complaints for non-conformity of the product(s) delivered with the order must be made in writing directly to home-beddings-and-curtains.com and this within 48 hours of receipt.The customer must keep the packaging and the delivery note.

In the event of an error in the product, the customer undertakes to return the product or products concerned within 15 days of receipt to home-beddings-and-curtains.com provided that they are returned without opening their packaging, in their original condition and packaging with the accompanying documents.

Upon receipt of the product in good and due form, home-beddings-and-curtains.com will return, at its own expense, the product initially ordered.

16  - Right of withdrawal

The customer from Home-beddings-&-curtains has, within 15  working days from delivery of his order, a right of return, at his expense, for exchange or refund, of products which do not suit him in accordance with article L 121–21 of the Consumer Code (the legal period being 14 days).

If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

The returned product must be in its original condition and packaging. It must not have been used, nor have suffered any deterioration, however minimal, and be in a state of perfect cleanliness.

This right of withdrawal is exercised without penalties, with the exception of return costs.

In the event of cancellation of the delivery of the order while it is being shipped, the order preparation and transport costs in their entirety will be deducted from the refund of the order.

Within a maximum period of 15 days from receipt of the product, the customer will be reimbursed for the amounts paid. To this end, he will communicate to home-beddings-and-curtains.com his bank details unless he ordered by credit card. In the case of payment by card, the refund is made directly via this card.

Return shipping costs are the responsibility of the customer in the event of withdrawal.

The returns are to be carried out  at the following address:

Logisseo HBC

HOME BEDDINGS AND CURTAINS

12 avenue Jean Joxe

49100 ANGERS

17  - Personal information

The personal information requested from the customer is essential for the processing and delivery of orders, the preparation of invoices and any warranty contracts. For these purposes, this information may be communicated to the contractual partners of home-beddings-and-curtains.com.

The customer may object to such communication and in accordance with the “Informatique et Libertés” law (law of 6 January 1978), he has the right to access, modify, rectify and delete data concerning him by contacting home-beddings-and-curtains.com.

18  - Electronic signature

The “payment validation click” constitutes the validation of the contract. The validated payment is due. Any attempted fraud will be pursued by home-beddings-and-curtains.com.

19  - Evidence

Computerized records, stored in the computer systems of home-beddings-and-curtains.com or its subcontractors, under reasonable security conditions, will be considered as proof of communication, orders and payments between the parties.

The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

20  - Intellectual property

home-beddings-and-curtains.com holds the intellectual property rights to the site and the right to distribute the elements appearing in the electronic store catalog and in particular the photographs for which it has obtained the necessary authorizations from the persons concerned.

Consequently, the partial or total reproduction, on any medium whatsoever, of the elements making up the site and the catalogue, their use and their provision to third parties are strictly prohibited.

21  - Entire contract

These general conditions of sale express the entirety of the obligations of the parties.

No other general or specific conditions communicated by the customer may be integrated into or deviate from these general conditions.

22  - No waiver

The fact for home-beddings-and-curtains.com not to rely on a breach by the customer of any of its obligations could not be interpreted as a waiver of the obligation concerned and to rely on this breach subsequently.

23  - Nullity

If one or more provisions of these general conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.

24 - Dispute

This contract is subject to French law, both for substantive rules and for formal rules.

IN THE EVENT OF A DISPUTE AND IN THE ABSENCE OF AN AMICABLE AGREEMENT BETWEEN THE PARTIES, EXPRESS JURISDICTION IS ATTRIBUTED TO THE COURTS WITHIN THE JURISDICTION OF THE REGISTERED OFFICE OF home-beddings-and-curtains.com OR THE ONE CHOSEN BY THE CUSTOMER IN THE EVENT THAT HE IS THE INITIATOR, NOTWITHSTANDING A WARRANTY APPEAL OR MULTIPLE DEFENDANTS, EVEN FOR EMERGENCY PROCEDURES OR CONSERVATORY PROCEDURES IN SUMMARY PROCEEDINGS OR BY APPLICATION.