General Terms of Sale
The company Pierre Augustin Rose sets forth hereinafter its General Terms of Sale and Services as applicable to all its sales absent of any other agreement.
By clicking on the link that has brought up these terms and conditions, customers declare that they understand and accept them in full.
TITLE I – COMMON CONDITIONS FOR CONSUMERS AND PROFESSIONAL CUSTOMERS
1. Definitions
The company Pierre Augustin Rose (hereinafter referred to as « P.A.R. ») is a contemporary furniture design company.
It designs, manufactures and has manufactured, furniture for its clients.
It sells its products to commercial distributors, interior designers or decorators as well as, in certain cases, end-consumers. The present general conditions apply to the whole of its customers, but comprise two different titles applicable respectively to the consumers who buy directly to P.A.R. and the professionals.
P.A.R. hereby defines the following terms, as follows:
a) Purchaser, Reseller or Client: P.A.R.’s professional client who places an order.
b) Customized order or made to order: P.A.R.’s furniture is customized at the time the order is placed in accordance with the clear and precise indications of the client, as accepted by P.A.R.. Customization can bear on dimensions, the material used, colors or shape.
c) Special orders: any order that is not with respect to furniture listed in the catalogue, and that must be the subject-matter of a prior quote with respect to price, materials, dimension and manufacturing time.
d) Consumer: The consumer is the end-client, who purchases for its own account and personal use without making a professional use out of the acquired product. Thus, a hotel or a guest house is a professional customer.
e) Professional client account: The professional client account is a current account opened in the name of the professional client to which orders and payments made are applied. The outstanding amount under the professional client account must not be a negative amount at any time.
f) Brand: The P.A.R. brand applies to products designed, manufactured or sold by P.A.R.
g) Products: furniture designed and/or manufactured by Pierre Augustin Rose. h) Professional client: The professional client is a sales intermediary who orders for its own account in order to resell to customers or for the account of its clients-customers. Such Professional may be a distributor independent from P.A.R., an interior designer or a decorator. i) Price: The price is fixed at the time of order, after quotation and negotiations. It takes into account the additional cost of customising the order, if any, as well as shipping conditions. j) Catalogue price: The price proposed by P.A.R. in its catalog. It corresponds to a standard price. It does not include the cost of customisation. P.A.R. may offer different prices to consumers or professionals.
2. Information on the use and aspect of the furniture
P.A.R. uses certain materials that it has listed and of which it knows the constraints, the behaviour and the aesthetic evolution in time.
These materials are used and treated in an aesthetic perspective that highlights the originality of the material.
- Wood: In general, wood is worked in such a way as to allow it to open up, which can generate split lines. This is not a defect of conformity nor a hidden defect, but a natural effect expected by the designer of the furniture. Wooden legs are carved in solid oak, preserving its natural properties. Each foot is unique - the final effect depends on the nuances of the wood (knots, cracks, colours). The consumer accepts this specificity. The professional customer accepts this specificity for himself and makes it accepted by his own customer.
- Lacquer: a slight defect dent or hollow less than or equal to 1 mm in diameter and 0.3 mm in height or more generally a defect not visible at more than 1 meter is acceptable and does not constitute a cause for return or compensation. Lacquer can give off an odor that lasts up to 3 months. Lacquer is a particularly fragile coating that must be treated with care: tea, coffee, red wine and other colored substances can leave traces. It is advisable to rinse immediately with water and diluted soap, and not to let it dry.
- Fabrics and leathers: In general, the fabrics and leathers used are given a resistance adapted to the use of the seats they cover. They naturally patinate with time and the color can change according to the exposure. They come from reputable producers. However, if the customer requires a particular fabric or leather, P.A.R. does not guarantee its characteristics. In addition, certain rounded seat shapes necessarily generate fabric folds. It is by no means a defect. The consumer accepts this specificity. The professional customer accepts this technical constraint of the fabric and makes his customer accept it.
- Fireproof material: For orders intended for professionals receiving the public, the customer must specify which fire resistance standard is expected in the choice of materials (wood, foam and fabrics). These orders are necessarily personalized orders.
Standard orders and customized orders
Standard orders (non-personalized, non-special) are placed according to an order form that includes model references, generic descriptions, size, fabric and color.
Customized orders also include specific customization criteria that must be specified on a form with all the details of the customization. The professional who places a personalized order commits himself towards P.A.R. on the acceptance by the final customer of the order and guarantees P.A.R. against any exercise of the right of retractation by the final customer.
Customer's Material and Fabric Samples Prior to placing an order, P.A.R. will provide the customer with a sample folder of materials in the various aspects and colors that P.A.R. can work with. The customer may request that P.A.R. uses a fabric provided by the customer. In this case P.A.R. is not responsible for the quality of the fabric.
Customer’s Own Material Should the fabric applied to the order not be compliant with what the customer ordered directly to the fabric supplier, PAR will not take responsibility.
Customization P.A.R. furniture models are manufactured on request and according to the customer's customization criteria, whether it be on materials, the softness of the cushions, the feel of the fabrics or the color. The customer must therefore make his choices precisely in the order.
Margin of error The construction being artisanal, the customer accepts that the rendering can be slightly different from one article to another, with the same references of products. The customized order necessarily involves acceptance of this hazard, and renunciation of recourse in the event of slight difference in rendering on the same reference.
The difference is considered slight:
- On the softness of the cushions: when it is less than 15% compared to the initial softness or sinking of the cushions and foams;
- On the color of fabrics and leathers: when it is less than 15% of the tone variations in the available chromatic range;
- Regarding sizes: when the difference is less than 15% from the order, except for the maximum size if this element of customization has been clearly expressed due to specific constraints of the customer (dimensions of the piece). In this case the authorized margin of error is limited to 5%.
3. Limitation of Liability In all cases where the customer orders furniture with specific materials that P.A.R. does not use, the materials are purchased and supplied by the customer. The order is then considered as a toll manufacturing contract, and the customer is obliged to purchase the quantity of materials required by P.A.R. P.A.R.'s liability is then limited to its obligation to toll manufacture the furniture ordered with the specified materials. P.A.R. accepts no responsibility for the performance, durability and aesthetics of the customer's material. Scraps of customer's material are discarded if they represent less than 15% of the volume ordered, or returned to the customer and attached to the furniture for maintenance, if they correspond to more than 15% of the volume ordered.
4. Transport, Insurance, Customs formalities and transfer of risks
The customer bears transport and transport costs
Unless special conditions apply, orders are placed and goods are collected by the customer or his carrier either at Pierre Augustin Rose's gallery at 8, Rue Hérold, 75001 Paris France, or at Pierre Augustin Rose's bonded logistics warehouse at CHARVIN LOGISTIQUE/ PA Les Béthunes, 1 avenue du Fief 95310 Saint Ouen l'Aumône FRANCE.
P.A.R. informs the customer of the availability of the orders, i.e. the date on which the goods will be present in the P.A.R. warehouse for collection.
The date of availability of the goods triggers the transfer of risk on the goods which remain in P.A.R.'s warehouse. The transfer of risk shall occur on the date and time agreed for delivery, irrespective of whether the carrier has collected the goods or not.
The customer shall insure the goods from the day of delivery.
The customer shall bear the costs of transport, any customs formalities and the risks to the destination.
The transfer of ownership is triggered when the goods are made available, subject to full payment of the order.
The carrier will endorse the delivery note, which will be considered as a discharge and release of the goods, on departure from the warehouse.
Exportation – Customs Formalities
In accordance with the FCA incoterm, Pierre Augustin Rose shall bear the customs clearance formalities and advance the customs clearance costs for the export of the goods at the exit of its premises (FCA Galerie PAR 8 Rue Hérold) or of the logistic warehouse where the delivery takes place (FCA CHARVIN LOGISTIQUE St Ouen l'Aumône). The purchaser shall bear all other costs and formalities of transport and import in the country of destination and intermediate countries.
Mode of transport and Office of Exit
In order to proceed with customs clearance, the customer or the carrier appointed by the customer shall indicate to P.A.R. the mode of transport and the Office of Exit foreseen at least 8 days prior to collection of the order at the designated customs address.
- If the purchaser wishes PAR to take charge of transport, he must notify PAR by e-mail at: export@pierreaugustinrose.com. PAR will then provide the buyer with its own special terms and conditions, which derogate from the present general terms and conditions;
5. Control of the state of the goods and conditioning of the goods before removal
P.A.R. proceeds to a last control of the state of the goods before their preparation for the transport and before they are made available to the carrier. Photos of the furniture are taken and sent to the customer by email. Eight days later, the parts are deemed to conform to the order. If the customer is not satisfied with the photos and requires further visual information, he must, at his own expense and within a very short delay, visit PAR warehouse or send a representative to unpack, inspect and repack the furniture.
P.A.R. is not responsible for the transport and is not responsible for the condition of the goods delivered.
P.A.R. recommends to the buyer to pack the goods in wooden transport boxes (plywood / chipboard) intended to protect the furniture. These boxes are at the expense of the buyer. The packaging is done by P.A.R. at the request of the buyer.
If the goods are conditioned by P.A.R. in wooden transport boxes they are considered to be in good condition when handed over to the carrier. P.A.R. guarantees the state of the furniture until the first unloading of the crates, (subject to the condition of the crate being preserved), only if it has been expressly asked to take charge of transport.
Disclaimers about the condition of the delivery The transport box protects the furniture from the stresses of ordinary road transport. Upon receipt and before unloading, the customer must note the visual condition of the crate, and make any comments on the apparent condition of the crate on the delivery form, attaching photos to illustrate, and specifying the date and time of reception.
If no comment is made before unloading, the crate is deemed to have been received in good condition. The absence of comments at the time of receipt of the goods implies that the goods delivered are in good condition.
Final comments concerning the condition of the goods, together with photographs must been sent:
- to the carrier by e-mail within 72 hours of delivery,
- and to: export@pierreaugustinrose.com within 10 days of unloading the boxes at the latest, with a copy of the delivery note mentioning the date and time of delivery.
Any furniture damaged in transit is the responsibility of the carrier.
If the goods are not packaged in wooden transport crates, it is the buyer's responsibility to ensure that the Carrier proceeds to protect the furniture taken in charge, and guarantees its condition.
6. Prices, Reductions, Discounts, Rebates
The price of an order includes the price of the goods ordered and the cost of preparing the delivery. The wooden crating recommended by P.A.R. is done at the expense of the buyer.
The price is expressed in Euros and excluding taxes (excl. taxes). It is supplemented by VAT at the common law rate in force on the day of the order and all environmental taxes applicable on the day of the order from the warehouse.
Any reference to a catalog price is valid only until the catalog is modified. Changes to the catalog can be made at any time.
Discounts, rebates and reductions Any reduction of the price in proportion to the volume of order must have been previously agreed with P.A.R., and must be mentioned on the invoice.
Delivery costs The furniture sold travels at the expense and risk of the buyer. The expenses of delivery, when the delivery is organized by P.A.R. and carried out by its usual carrier are calculated at validation of the order.
Carrier mandated by the customer The Carrier is solely responsible for the condition of the furniture delivered.
Discount No discount for early payment is granted.
Loan
P.A.R. does not link its orders to any loan from the customer. All orders are firm and definitive. If the customer takes a loan for the purchase of the furniture ordered, P.A.R. is not informed and need not to be informed.
7. Deadlines for the availability of the furniture
The deadlines for the realization of the furniture and their availability are indicative except specific commitment of P.A.R. to supply on a fixed date. When a specific fabric or material is requested, the deadline will only start to run from the reception by P.A.R. of the fabric or material.
8. Legal warranty and latent defects
P.A.R. is liable for the legal warranty of the furniture that it manufactures or has manufactured. This warranty is exercised by return to the factory at the customer's expense. It assumes a prior agreement of return by P.A.R. on written and documented request (photos, explanations). If P.A.R. accepts the return, it will repair or replace the part.
For professional customers, P.A.R. will provide them with the repaired or new part in its CHARVIN warehouse according to the FCA INCOTERM.
For consumer customers, PAR will cover PAR will cover the cost of returning and reshipping repaired parts by its carrier. For consumer clients, PAR covers the costs of return and reshipment through its carrier. Replacement parts will be sent by sea within 3 to 8 weeks. Upon request for faster delivery from a customer, PAR will send the parts by air (approximately 10 days) and charge the customer the additional cost compared to sea transport. Customs duties are covered by PAR.
The legal warranty includes:
The legal warranty of conformity;
The warranty against latent defects.
9. Limitation of liability
Furniture designed by P.A.R. is for use indoors, with exposure to humidity, heat, sun and UV rays compatible with habitation norms in continental regions.
In any event, P.A.R.’s liability shall be limited to the value of the purchase price of the faulty furniture, decreased by the application of a 30% per year usage rate as from delivery.
The sensation associated with comfort is a subjective impression that cannot be the subject-matter of any warranty.
Measurements
Furniture designed by P.A.R. constitute manufactured objects. As a consequence, measurement indications from the catalogue and technical data sheets are indicative only. A margin of error within the limit of 5 cm shall be accepted.
Lamps, luminaries, light fixtures All the lamps, luminaries or electrified elements sold by P.A.R. were controlled by an approved control office and are guaranteed with the CE standards and exclusively with the CE standards. They are equipped for a voltage of 220 volts only.
The warranty does not cover defects related to:
• installation that does not comply with the conditions of use recommended by the seller (for example, if the thresholds for supply voltage or 40W bulb power are not observed) and / or use that does not comply with installation of the product in an environment where humidity is above average (for instance in a bathroom or in an outdoor environment), and / or due to non-regulatory maintenance (for instance, when using inappropriate cleaning products), use of heavy objects or with sharp edges;
• defects related to the product which are the result of abnormal use;
• deliberate modifications of the product (for instance, modifications / transformations of the product or a change of standard, the only guarantee being the CE standard);
• alterations in the quality of the product due to transport and discovered upon receipt thereof (this is the responsibility of the carrier in this case).
With regard to hanging devices, P.A.R. cannot guarantee the hanging and the choice of the hanging system, which necessarily depends on the structure and quality of the ceiling. P.A.R. does not provide any hooks or hanging systems on a voluntary basis. A CE notice is given by P.A.R., specifying the weight and technical characteristics of the ceiling light or suspension. It is up to the customer to call in a professional for the installation of the suspension, which will be guaranteed by him. P.A.R. is not responsible for the consequences of the installation or hanging of a suspension or ceiling lamp.
The seller declines all responsibility in the cases described above, insofar as these defects are not attributable to him.
10. Statute of limitations
The actions resulting from the execution or the non-execution of an order, by principal demand, recourse or counterclaim, are prescribed by 12 months starting from the transfer of property on the ordered goods with the exception of the legal guarantee which is of 2 years as from the delivery of the furniture.
11. Payment of the order
Payment is made in two steps: order and delivery.
The Customer provides 50% of the total amount of the order to validate the order. The payment received by P.A.R is credited to the Customer Account. The balance of the price is paid when the order is ready to be sent to the customer, and packed. The price of the order is necessarily settled before the departure from the warehouses of P.A.R., otherwise P.A.R. exercises a right of retention until perfect payment of the price.
12. Interest, Storage Charges and Penalty Clause - Collection and Release
The balance of unpaid orders generates a conventional interest of 1% per month.
The storage costs caused by a delay in payment of more than 15 days are charged to the customer.
A penalty clause equal to 10% of the amount of the order is also applied in case of delay of more than one month or cancellation of the order at the buyer's expense.
The date of collection, as well as the time slot (morning or afternoon) and the name of the company which will collect the goods must be indicated to us at least 3 working days before the arrival of the driver.
The order can only be picked up on the agreed day.
The carrier must indicate the country of destination and the name of the company/customer for which he will pick up the orders.
If one of the above conditions is not met, our partner will not be able to release the goods. A storage fee will be charged to the customer 30 days after the order has been made available. The amount is 50€ HT (per square meter) per month and per piece stored in PAR warehouses at it’s partner Egetra / PA Les Béthunes located in Saint- Ouen L'Aumône (95310) and in Saint-Denis (93200) France.
For all requests based in Europe, CMR is required upon pickup.
13. Automatic cancellation of the order for non-execution
Any default in payment characterized by a formal notice to pay referring to the present clause as well as the subsequent retention of title clause, and remaining without effect for one month, authorizes the seller to declare the contract automatically terminated, to the detriment of the defaulting buyer. The resolution of the contract may be established by a simple summary judgment.
In the same way, the consumer customer has the right to have the contract rescinded under the same conditions if the order is not made available in PAR's warehouses more than 6 months after the end of the specified period.
14. Reservation of title, claim in ownership and resale
P.A.R. remains owner of the ordered pieces of furniture as long as they have not been entirely paid and that they are in its warehouses. The implementation of the retention of title clause intervenes as of right in the event of non-payment of the balance of the order or of default of payment for whatever reason.
Should P.A.R. exercise its rights under the cancellation clause, the summary order which establishes the implementation of the cancellation clause also establishes the implementation of the reservation of title clause which is a consequence as of right.
The resale of the furniture whose order has been cancelled can take place without any other judicial decision, even if the customer against whom the cancellation has been pronounced is undergoing insolvency proceedings.
15. Retention right and extended retention right
The retention right applies to all orders not fully paid.
In the event where a client places several orders, and that a part of such orders has been paid for but not withdrawn, a contractual retention right may apply to those goods that are still at the warehouses until complete payment of the invoices that have been issued but not paid in full. The exercise of such retention right shall not divest the client of its ownership rights over such goods and shall not allow P.A.R. to resell the goods that are the subject-matter of the said retention right.
16. Time limit on these General Terms of Sale and Services
These General Terms of Sale and Services are liable to being modified at any time.
Only the latest General Terms shall be enforceable against the parties.
17. Applicable law – language of the contract – Competent courts
The law applicable to contracts entered into with P.A.R. shall be French law.
The reference language for the contract and/or these General Terms shall be French, notwithstanding any translation thereof that may be made.
The Court that shall have jurisdiction over any dispute related to the performance, lack of performance or interpretation of the contract or these General Terms, shall be any competent Court of first instance of Paris.
TITRE II – CONDITIONS SPECIFIC TO CONSUMMERS
This title comes in addition to the previous title and includes all provisions that are applicable only to consumers.
1. Distance or mail order sales
Given the high degree of personalization of orders and the impossibility of reselling the product to another customer, the consumer expressly waives his right of withdrawal, in accordance with the provisions of Articles L221-28 3° of the Consumer Code and art 16 of Directive 011/83/EU of the European Parliament and Council of 25 October 2011.
2. Protection of personal data
For the application of the EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on Data Protection (GDPR) P.A.R. holds only the personal information strictly necessary for the realization of the order, its invoicing and its delivery. P.A.R. keeps the nominative information of the customers for the motives specifically determined hereafter:
- The identities, addresses and details of customer invoices for accounting and tax purposes, for the duration of the fiscal (5 fiscal years) and social (5 years from date to date) statute of limitations and any judicial extension.
- The identities, addresses and details of customer orders for insurance or warranty purposes, for the strictly necessary time of the legal or conventional warranty, and until the end of any conventional or judicial extension.
- The physical or electronic addresses of customers for marketing purposes in order to send a new catalog or newsletter. The customer may at any time decide to unsubscribe from this newsletter.
Respect of the right of the persons P.A.R. guarantees the protection of the personal data of the customers, even if these data are treated by a provider.
Data security P.A.R. subcontracts the security of personal data to a professional digital data hosting company. These data are transmitted and hosted by this subcontractor as encrypted data. Access to personal data by the subcontractor is limited to employees trained in data protection and authorised.
Notification of a personal data breach In case of discovery of a personal data breach, P.A.R. undertakes to inform its client within 72 hours of the discovery of the breach.
Transfer of data P.A.R. does not transfer any data outside the European Union. P.A.R. does not disclose any personal data to third parties except to service providers who perform data management operations on its behalf. P.A.R. does not retain or retransmit any customer metadata (purchase history, payment method, etc.).
The customer can have access to his personal data and ask to rectify them. He cannot ask to remove the data kept for legal reasons. Any request should be sent by mail to P.A.R. - service de la protection des données numériques - 8 rue Hérold, 75001 PARIS, or from the website https://www.pierreaugustinrose.com
3. Prior mediation
In accordance with articles L.611 to L.616 and R.612 to R.616 of the French Consumer Code, any national or cross-border dispute may, prior to legal proceedings, be submitted to a consumer mediator in an attempt to find an amicable solution, subject to being able to justify a prior official claim. Mediation is free of charge for the consumer. Pierre Augustin Rose is a member of the Mediation and Arbitration Center of Paris (CMAP).
Disputes concerning the validity, interpretation, performance or non-performance, interruption or termination of this Agreement shall be submitted to mediation in accordance with the CMAP Mediation Rules to which the parties declare that they adhere.
In the event of a technical or financial difficulty, either during or after the performance of the contract, the parties shall request an amicable technical opinion prior to any litigation. The organization of this procedure is entrusted to the CMAP of the Paris- Île de France Chamber of Commerce and Industry, in accordance with its rules of amicable technical advice, of which the parties have been informed and to which they declare that they adhere.
Unless otherwise agreed by the parties, this opinion shall not be binding. It may only be invoked or produced in litigation upon agreement of the parties.
The referral to the CMAP can be made from the internet form of the Mediation Center Mediation and Arbitration Center of Paris 39 avenue Franklin D. Roosevelt 75008 PARIS Tel: +33 1 44 95 11 40 Mail: cmap@cmap.fr
The mediation of consumer disputes does not apply to:
1° Disputes between professionals;
2° Complaints made by the consumer to the customer service of the professional;
3° Direct negotiations between the consumer and the professional;
4° Attempts at conciliation or mediation ordered by a court in which the consumer dispute is brought; 5° Proceedings brought by a professional against a consumer.
TITRE III – CONDITIONS SPECIFIC TO PROFESSIONALS
In addition to the terms and conditions of sale referred to in Section I, the following provisions shall apply to business customers.
Obligations of the client regarding the protection of P.A.R.'s intellectual property
The Customer undertakes to present and sell the products under the Pierre Augustin Rose registered trademark and to hand over to the end customer the documents communicated by P.A.R., catalogs, photos, technical data sheets. The Customer undertakes not to copy or have copied the furniture sold by Pierre Augustin Rose.
P.A.R. retains ownership of the designs of the furniture it designs and sells.
The Distributor must include the following information in its catalog and on the labels of the furniture sold:
- “Pierre Augustin Rose is a registered trademark owned by Pierre Augustin Rose”;
- “Registered designs, property of Pierre Augustin Rose”.
This obligation to inform the end customer does not imply a trademark or model license.
The rights of P.A.R are protected in France and in the World by the laws on the protection of the copyrights (droits d’auteur), brands and models.
2. No right of withdrawal
For sales between professionals, the right of withdrawal is not applicable. The customer is personally responsible for this right with his own customer.
3. Extensions of warranty granted by the professional customer to his end customer
The extensions of guarantee granted by the reseller customer to his final customer are not opposable to P.A.R.
4. Warranty limitations
The professional customer is obliged to explain the constraints referred to in Art. 9 of Title I of these General Terms and Conditions to his own customer.
5. Period of limitations of the professional reseller's recourse action
Any action initiated by a reseller's customer must, in order to be opposable to P.A.R., have been notified to him in due time and in any case within 30 days of the initiated action, in order to allow P.A.R. to control the litigation and to be able to defend its interests. In the absence of such information, the reseller customer loses his right to act against P.A.R.
6. Prior mediation
Prior to any dispute, the parties agree to attempt mediation. No action, direct or recursive, may be brought without a prior attempt at mediation, which the parties must justify. The request for mediation suspends the course of the statute of limitations but does not interrupt it. The mediation must take place within a reasonable period of time of at least 30 days but not more than 3 months, unless the mediator grants an extension. The party who has an interest in the case can regain its right if the mediation fails.
By clicking on the link that has brought up these terms and conditions, customers declare that they understand and accept them in full.
TITLE I – COMMON CONDITIONS FOR CONSUMERS AND PROFESSIONAL CUSTOMERS
1. Definitions
The company Pierre Augustin Rose (hereinafter referred to as « P.A.R. ») is a contemporary furniture design company.
It designs, manufactures and has manufactured, furniture for its clients.
It sells its products to commercial distributors, interior designers or decorators as well as, in certain cases, end-consumers. The present general conditions apply to the whole of its customers, but comprise two different titles applicable respectively to the consumers who buy directly to P.A.R. and the professionals.
P.A.R. hereby defines the following terms, as follows:
a) Purchaser, Reseller or Client: P.A.R.’s professional client who places an order.
b) Customized order or made to order: P.A.R.’s furniture is customized at the time the order is placed in accordance with the clear and precise indications of the client, as accepted by P.A.R.. Customization can bear on dimensions, the material used, colors or shape.
c) Special orders: any order that is not with respect to furniture listed in the catalogue, and that must be the subject-matter of a prior quote with respect to price, materials, dimension and manufacturing time.
d) Consumer: The consumer is the end-client, who purchases for its own account and personal use without making a professional use out of the acquired product. Thus, a hotel or a guest house is a professional customer.
e) Professional client account: The professional client account is a current account opened in the name of the professional client to which orders and payments made are applied. The outstanding amount under the professional client account must not be a negative amount at any time.
f) Brand: The P.A.R. brand applies to products designed, manufactured or sold by P.A.R.
g) Products: furniture designed and/or manufactured by Pierre Augustin Rose. h) Professional client: The professional client is a sales intermediary who orders for its own account in order to resell to customers or for the account of its clients-customers. Such Professional may be a distributor independent from P.A.R., an interior designer or a decorator. i) Price: The price is fixed at the time of order, after quotation and negotiations. It takes into account the additional cost of customising the order, if any, as well as shipping conditions. j) Catalogue price: The price proposed by P.A.R. in its catalog. It corresponds to a standard price. It does not include the cost of customisation. P.A.R. may offer different prices to consumers or professionals.
2. Information on the use and aspect of the furniture
P.A.R. uses certain materials that it has listed and of which it knows the constraints, the behaviour and the aesthetic evolution in time.
These materials are used and treated in an aesthetic perspective that highlights the originality of the material.
- Wood: In general, wood is worked in such a way as to allow it to open up, which can generate split lines. This is not a defect of conformity nor a hidden defect, but a natural effect expected by the designer of the furniture. Wooden legs are carved in solid oak, preserving its natural properties. Each foot is unique - the final effect depends on the nuances of the wood (knots, cracks, colours). The consumer accepts this specificity. The professional customer accepts this specificity for himself and makes it accepted by his own customer.
- Lacquer: a slight defect dent or hollow less than or equal to 1 mm in diameter and 0.3 mm in height or more generally a defect not visible at more than 1 meter is acceptable and does not constitute a cause for return or compensation. Lacquer can give off an odor that lasts up to 3 months. Lacquer is a particularly fragile coating that must be treated with care: tea, coffee, red wine and other colored substances can leave traces. It is advisable to rinse immediately with water and diluted soap, and not to let it dry.
- Fabrics and leathers: In general, the fabrics and leathers used are given a resistance adapted to the use of the seats they cover. They naturally patinate with time and the color can change according to the exposure. They come from reputable producers. However, if the customer requires a particular fabric or leather, P.A.R. does not guarantee its characteristics. In addition, certain rounded seat shapes necessarily generate fabric folds. It is by no means a defect. The consumer accepts this specificity. The professional customer accepts this technical constraint of the fabric and makes his customer accept it.
- Fireproof material: For orders intended for professionals receiving the public, the customer must specify which fire resistance standard is expected in the choice of materials (wood, foam and fabrics). These orders are necessarily personalized orders.
Standard orders and customized orders
Standard orders (non-personalized, non-special) are placed according to an order form that includes model references, generic descriptions, size, fabric and color.
Customized orders also include specific customization criteria that must be specified on a form with all the details of the customization. The professional who places a personalized order commits himself towards P.A.R. on the acceptance by the final customer of the order and guarantees P.A.R. against any exercise of the right of retractation by the final customer.
Customer's Material and Fabric Samples Prior to placing an order, P.A.R. will provide the customer with a sample folder of materials in the various aspects and colors that P.A.R. can work with. The customer may request that P.A.R. uses a fabric provided by the customer. In this case P.A.R. is not responsible for the quality of the fabric.
Customer’s Own Material Should the fabric applied to the order not be compliant with what the customer ordered directly to the fabric supplier, PAR will not take responsibility.
Customization P.A.R. furniture models are manufactured on request and according to the customer's customization criteria, whether it be on materials, the softness of the cushions, the feel of the fabrics or the color. The customer must therefore make his choices precisely in the order.
Margin of error The construction being artisanal, the customer accepts that the rendering can be slightly different from one article to another, with the same references of products. The customized order necessarily involves acceptance of this hazard, and renunciation of recourse in the event of slight difference in rendering on the same reference.
The difference is considered slight:
- On the softness of the cushions: when it is less than 15% compared to the initial softness or sinking of the cushions and foams;
- On the color of fabrics and leathers: when it is less than 15% of the tone variations in the available chromatic range;
- Regarding sizes: when the difference is less than 15% from the order, except for the maximum size if this element of customization has been clearly expressed due to specific constraints of the customer (dimensions of the piece). In this case the authorized margin of error is limited to 5%.
3. Limitation of Liability In all cases where the customer orders furniture with specific materials that P.A.R. does not use, the materials are purchased and supplied by the customer. The order is then considered as a toll manufacturing contract, and the customer is obliged to purchase the quantity of materials required by P.A.R. P.A.R.'s liability is then limited to its obligation to toll manufacture the furniture ordered with the specified materials. P.A.R. accepts no responsibility for the performance, durability and aesthetics of the customer's material. Scraps of customer's material are discarded if they represent less than 15% of the volume ordered, or returned to the customer and attached to the furniture for maintenance, if they correspond to more than 15% of the volume ordered.
4. Transport, Insurance, Customs formalities and transfer of risks
The customer bears transport and transport costs
Unless special conditions apply, orders are placed and goods are collected by the customer or his carrier either at Pierre Augustin Rose's gallery at 8, Rue Hérold, 75001 Paris France, or at Pierre Augustin Rose's bonded logistics warehouse at CHARVIN LOGISTIQUE/ PA Les Béthunes, 1 avenue du Fief 95310 Saint Ouen l'Aumône FRANCE.
P.A.R. informs the customer of the availability of the orders, i.e. the date on which the goods will be present in the P.A.R. warehouse for collection.
The date of availability of the goods triggers the transfer of risk on the goods which remain in P.A.R.'s warehouse. The transfer of risk shall occur on the date and time agreed for delivery, irrespective of whether the carrier has collected the goods or not.
The customer shall insure the goods from the day of delivery.
The customer shall bear the costs of transport, any customs formalities and the risks to the destination.
The transfer of ownership is triggered when the goods are made available, subject to full payment of the order.
The carrier will endorse the delivery note, which will be considered as a discharge and release of the goods, on departure from the warehouse.
Exportation – Customs Formalities
In accordance with the FCA incoterm, Pierre Augustin Rose shall bear the customs clearance formalities and advance the customs clearance costs for the export of the goods at the exit of its premises (FCA Galerie PAR 8 Rue Hérold) or of the logistic warehouse where the delivery takes place (FCA CHARVIN LOGISTIQUE St Ouen l'Aumône). The purchaser shall bear all other costs and formalities of transport and import in the country of destination and intermediate countries.
Mode of transport and Office of Exit
In order to proceed with customs clearance, the customer or the carrier appointed by the customer shall indicate to P.A.R. the mode of transport and the Office of Exit foreseen at least 8 days prior to collection of the order at the designated customs address.
- If the purchaser wishes PAR to take charge of transport, he must notify PAR by e-mail at: export@pierreaugustinrose.com. PAR will then provide the buyer with its own special terms and conditions, which derogate from the present general terms and conditions;
5. Control of the state of the goods and conditioning of the goods before removal
P.A.R. proceeds to a last control of the state of the goods before their preparation for the transport and before they are made available to the carrier. Photos of the furniture are taken and sent to the customer by email. Eight days later, the parts are deemed to conform to the order. If the customer is not satisfied with the photos and requires further visual information, he must, at his own expense and within a very short delay, visit PAR warehouse or send a representative to unpack, inspect and repack the furniture.
P.A.R. is not responsible for the transport and is not responsible for the condition of the goods delivered.
P.A.R. recommends to the buyer to pack the goods in wooden transport boxes (plywood / chipboard) intended to protect the furniture. These boxes are at the expense of the buyer. The packaging is done by P.A.R. at the request of the buyer.
If the goods are conditioned by P.A.R. in wooden transport boxes they are considered to be in good condition when handed over to the carrier. P.A.R. guarantees the state of the furniture until the first unloading of the crates, (subject to the condition of the crate being preserved), only if it has been expressly asked to take charge of transport.
Disclaimers about the condition of the delivery The transport box protects the furniture from the stresses of ordinary road transport. Upon receipt and before unloading, the customer must note the visual condition of the crate, and make any comments on the apparent condition of the crate on the delivery form, attaching photos to illustrate, and specifying the date and time of reception.
If no comment is made before unloading, the crate is deemed to have been received in good condition. The absence of comments at the time of receipt of the goods implies that the goods delivered are in good condition.
Final comments concerning the condition of the goods, together with photographs must been sent:
- to the carrier by e-mail within 72 hours of delivery,
- and to: export@pierreaugustinrose.com within 10 days of unloading the boxes at the latest, with a copy of the delivery note mentioning the date and time of delivery.
Any furniture damaged in transit is the responsibility of the carrier.
If the goods are not packaged in wooden transport crates, it is the buyer's responsibility to ensure that the Carrier proceeds to protect the furniture taken in charge, and guarantees its condition.
6. Prices, Reductions, Discounts, Rebates
The price of an order includes the price of the goods ordered and the cost of preparing the delivery. The wooden crating recommended by P.A.R. is done at the expense of the buyer.
The price is expressed in Euros and excluding taxes (excl. taxes). It is supplemented by VAT at the common law rate in force on the day of the order and all environmental taxes applicable on the day of the order from the warehouse.
Any reference to a catalog price is valid only until the catalog is modified. Changes to the catalog can be made at any time.
Discounts, rebates and reductions Any reduction of the price in proportion to the volume of order must have been previously agreed with P.A.R., and must be mentioned on the invoice.
Delivery costs The furniture sold travels at the expense and risk of the buyer. The expenses of delivery, when the delivery is organized by P.A.R. and carried out by its usual carrier are calculated at validation of the order.
Carrier mandated by the customer The Carrier is solely responsible for the condition of the furniture delivered.
Discount No discount for early payment is granted.
Loan
P.A.R. does not link its orders to any loan from the customer. All orders are firm and definitive. If the customer takes a loan for the purchase of the furniture ordered, P.A.R. is not informed and need not to be informed.
7. Deadlines for the availability of the furniture
The deadlines for the realization of the furniture and their availability are indicative except specific commitment of P.A.R. to supply on a fixed date. When a specific fabric or material is requested, the deadline will only start to run from the reception by P.A.R. of the fabric or material.
8. Legal warranty and latent defects
P.A.R. is liable for the legal warranty of the furniture that it manufactures or has manufactured. This warranty is exercised by return to the factory at the customer's expense. It assumes a prior agreement of return by P.A.R. on written and documented request (photos, explanations). If P.A.R. accepts the return, it will repair or replace the part.
For professional customers, P.A.R. will provide them with the repaired or new part in its CHARVIN warehouse according to the FCA INCOTERM.
For consumer customers, PAR will cover PAR will cover the cost of returning and reshipping repaired parts by its carrier. For consumer clients, PAR covers the costs of return and reshipment through its carrier. Replacement parts will be sent by sea within 3 to 8 weeks. Upon request for faster delivery from a customer, PAR will send the parts by air (approximately 10 days) and charge the customer the additional cost compared to sea transport. Customs duties are covered by PAR.
The legal warranty includes:
The legal warranty of conformity;
The warranty against latent defects.
9. Limitation of liability
Furniture designed by P.A.R. is for use indoors, with exposure to humidity, heat, sun and UV rays compatible with habitation norms in continental regions.
In any event, P.A.R.’s liability shall be limited to the value of the purchase price of the faulty furniture, decreased by the application of a 30% per year usage rate as from delivery.
The sensation associated with comfort is a subjective impression that cannot be the subject-matter of any warranty.
Measurements
Furniture designed by P.A.R. constitute manufactured objects. As a consequence, measurement indications from the catalogue and technical data sheets are indicative only. A margin of error within the limit of 5 cm shall be accepted.
Lamps, luminaries, light fixtures All the lamps, luminaries or electrified elements sold by P.A.R. were controlled by an approved control office and are guaranteed with the CE standards and exclusively with the CE standards. They are equipped for a voltage of 220 volts only.
The warranty does not cover defects related to:
• installation that does not comply with the conditions of use recommended by the seller (for example, if the thresholds for supply voltage or 40W bulb power are not observed) and / or use that does not comply with installation of the product in an environment where humidity is above average (for instance in a bathroom or in an outdoor environment), and / or due to non-regulatory maintenance (for instance, when using inappropriate cleaning products), use of heavy objects or with sharp edges;
• defects related to the product which are the result of abnormal use;
• deliberate modifications of the product (for instance, modifications / transformations of the product or a change of standard, the only guarantee being the CE standard);
• alterations in the quality of the product due to transport and discovered upon receipt thereof (this is the responsibility of the carrier in this case).
With regard to hanging devices, P.A.R. cannot guarantee the hanging and the choice of the hanging system, which necessarily depends on the structure and quality of the ceiling. P.A.R. does not provide any hooks or hanging systems on a voluntary basis. A CE notice is given by P.A.R., specifying the weight and technical characteristics of the ceiling light or suspension. It is up to the customer to call in a professional for the installation of the suspension, which will be guaranteed by him. P.A.R. is not responsible for the consequences of the installation or hanging of a suspension or ceiling lamp.
The seller declines all responsibility in the cases described above, insofar as these defects are not attributable to him.
10. Statute of limitations
The actions resulting from the execution or the non-execution of an order, by principal demand, recourse or counterclaim, are prescribed by 12 months starting from the transfer of property on the ordered goods with the exception of the legal guarantee which is of 2 years as from the delivery of the furniture.
11. Payment of the order
Payment is made in two steps: order and delivery.
The Customer provides 50% of the total amount of the order to validate the order. The payment received by P.A.R is credited to the Customer Account. The balance of the price is paid when the order is ready to be sent to the customer, and packed. The price of the order is necessarily settled before the departure from the warehouses of P.A.R., otherwise P.A.R. exercises a right of retention until perfect payment of the price.
12. Interest, Storage Charges and Penalty Clause - Collection and Release
The balance of unpaid orders generates a conventional interest of 1% per month.
The storage costs caused by a delay in payment of more than 15 days are charged to the customer.
A penalty clause equal to 10% of the amount of the order is also applied in case of delay of more than one month or cancellation of the order at the buyer's expense.
The date of collection, as well as the time slot (morning or afternoon) and the name of the company which will collect the goods must be indicated to us at least 3 working days before the arrival of the driver.
The order can only be picked up on the agreed day.
The carrier must indicate the country of destination and the name of the company/customer for which he will pick up the orders.
If one of the above conditions is not met, our partner will not be able to release the goods. A storage fee will be charged to the customer 30 days after the order has been made available. The amount is 50€ HT (per square meter) per month and per piece stored in PAR warehouses at it’s partner Egetra / PA Les Béthunes located in Saint- Ouen L'Aumône (95310) and in Saint-Denis (93200) France.
For all requests based in Europe, CMR is required upon pickup.
13. Automatic cancellation of the order for non-execution
Any default in payment characterized by a formal notice to pay referring to the present clause as well as the subsequent retention of title clause, and remaining without effect for one month, authorizes the seller to declare the contract automatically terminated, to the detriment of the defaulting buyer. The resolution of the contract may be established by a simple summary judgment.
In the same way, the consumer customer has the right to have the contract rescinded under the same conditions if the order is not made available in PAR's warehouses more than 6 months after the end of the specified period.
14. Reservation of title, claim in ownership and resale
P.A.R. remains owner of the ordered pieces of furniture as long as they have not been entirely paid and that they are in its warehouses. The implementation of the retention of title clause intervenes as of right in the event of non-payment of the balance of the order or of default of payment for whatever reason.
Should P.A.R. exercise its rights under the cancellation clause, the summary order which establishes the implementation of the cancellation clause also establishes the implementation of the reservation of title clause which is a consequence as of right.
The resale of the furniture whose order has been cancelled can take place without any other judicial decision, even if the customer against whom the cancellation has been pronounced is undergoing insolvency proceedings.
15. Retention right and extended retention right
The retention right applies to all orders not fully paid.
In the event where a client places several orders, and that a part of such orders has been paid for but not withdrawn, a contractual retention right may apply to those goods that are still at the warehouses until complete payment of the invoices that have been issued but not paid in full. The exercise of such retention right shall not divest the client of its ownership rights over such goods and shall not allow P.A.R. to resell the goods that are the subject-matter of the said retention right.
16. Time limit on these General Terms of Sale and Services
These General Terms of Sale and Services are liable to being modified at any time.
Only the latest General Terms shall be enforceable against the parties.
17. Applicable law – language of the contract – Competent courts
The law applicable to contracts entered into with P.A.R. shall be French law.
The reference language for the contract and/or these General Terms shall be French, notwithstanding any translation thereof that may be made.
The Court that shall have jurisdiction over any dispute related to the performance, lack of performance or interpretation of the contract or these General Terms, shall be any competent Court of first instance of Paris.
TITRE II – CONDITIONS SPECIFIC TO CONSUMMERS
This title comes in addition to the previous title and includes all provisions that are applicable only to consumers.
1. Distance or mail order sales
Given the high degree of personalization of orders and the impossibility of reselling the product to another customer, the consumer expressly waives his right of withdrawal, in accordance with the provisions of Articles L221-28 3° of the Consumer Code and art 16 of Directive 011/83/EU of the European Parliament and Council of 25 October 2011.
2. Protection of personal data
For the application of the EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on Data Protection (GDPR) P.A.R. holds only the personal information strictly necessary for the realization of the order, its invoicing and its delivery. P.A.R. keeps the nominative information of the customers for the motives specifically determined hereafter:
- The identities, addresses and details of customer invoices for accounting and tax purposes, for the duration of the fiscal (5 fiscal years) and social (5 years from date to date) statute of limitations and any judicial extension.
- The identities, addresses and details of customer orders for insurance or warranty purposes, for the strictly necessary time of the legal or conventional warranty, and until the end of any conventional or judicial extension.
- The physical or electronic addresses of customers for marketing purposes in order to send a new catalog or newsletter. The customer may at any time decide to unsubscribe from this newsletter.
Respect of the right of the persons P.A.R. guarantees the protection of the personal data of the customers, even if these data are treated by a provider.
Data security P.A.R. subcontracts the security of personal data to a professional digital data hosting company. These data are transmitted and hosted by this subcontractor as encrypted data. Access to personal data by the subcontractor is limited to employees trained in data protection and authorised.
Notification of a personal data breach In case of discovery of a personal data breach, P.A.R. undertakes to inform its client within 72 hours of the discovery of the breach.
Transfer of data P.A.R. does not transfer any data outside the European Union. P.A.R. does not disclose any personal data to third parties except to service providers who perform data management operations on its behalf. P.A.R. does not retain or retransmit any customer metadata (purchase history, payment method, etc.).
The customer can have access to his personal data and ask to rectify them. He cannot ask to remove the data kept for legal reasons. Any request should be sent by mail to P.A.R. - service de la protection des données numériques - 8 rue Hérold, 75001 PARIS, or from the website https://www.pierreaugustinrose.com
3. Prior mediation
In accordance with articles L.611 to L.616 and R.612 to R.616 of the French Consumer Code, any national or cross-border dispute may, prior to legal proceedings, be submitted to a consumer mediator in an attempt to find an amicable solution, subject to being able to justify a prior official claim. Mediation is free of charge for the consumer. Pierre Augustin Rose is a member of the Mediation and Arbitration Center of Paris (CMAP).
Disputes concerning the validity, interpretation, performance or non-performance, interruption or termination of this Agreement shall be submitted to mediation in accordance with the CMAP Mediation Rules to which the parties declare that they adhere.
In the event of a technical or financial difficulty, either during or after the performance of the contract, the parties shall request an amicable technical opinion prior to any litigation. The organization of this procedure is entrusted to the CMAP of the Paris- Île de France Chamber of Commerce and Industry, in accordance with its rules of amicable technical advice, of which the parties have been informed and to which they declare that they adhere.
Unless otherwise agreed by the parties, this opinion shall not be binding. It may only be invoked or produced in litigation upon agreement of the parties.
The referral to the CMAP can be made from the internet form of the Mediation Center Mediation and Arbitration Center of Paris 39 avenue Franklin D. Roosevelt 75008 PARIS Tel: +33 1 44 95 11 40 Mail: cmap@cmap.fr
The mediation of consumer disputes does not apply to:
1° Disputes between professionals;
2° Complaints made by the consumer to the customer service of the professional;
3° Direct negotiations between the consumer and the professional;
4° Attempts at conciliation or mediation ordered by a court in which the consumer dispute is brought; 5° Proceedings brought by a professional against a consumer.
TITRE III – CONDITIONS SPECIFIC TO PROFESSIONALS
In addition to the terms and conditions of sale referred to in Section I, the following provisions shall apply to business customers.
Obligations of the client regarding the protection of P.A.R.'s intellectual property
The Customer undertakes to present and sell the products under the Pierre Augustin Rose registered trademark and to hand over to the end customer the documents communicated by P.A.R., catalogs, photos, technical data sheets. The Customer undertakes not to copy or have copied the furniture sold by Pierre Augustin Rose.
P.A.R. retains ownership of the designs of the furniture it designs and sells.
The Distributor must include the following information in its catalog and on the labels of the furniture sold:
- “Pierre Augustin Rose is a registered trademark owned by Pierre Augustin Rose”;
- “Registered designs, property of Pierre Augustin Rose”.
This obligation to inform the end customer does not imply a trademark or model license.
The rights of P.A.R are protected in France and in the World by the laws on the protection of the copyrights (droits d’auteur), brands and models.
2. No right of withdrawal
For sales between professionals, the right of withdrawal is not applicable. The customer is personally responsible for this right with his own customer.
3. Extensions of warranty granted by the professional customer to his end customer
The extensions of guarantee granted by the reseller customer to his final customer are not opposable to P.A.R.
4. Warranty limitations
The professional customer is obliged to explain the constraints referred to in Art. 9 of Title I of these General Terms and Conditions to his own customer.
5. Period of limitations of the professional reseller's recourse action
Any action initiated by a reseller's customer must, in order to be opposable to P.A.R., have been notified to him in due time and in any case within 30 days of the initiated action, in order to allow P.A.R. to control the litigation and to be able to defend its interests. In the absence of such information, the reseller customer loses his right to act against P.A.R.
6. Prior mediation
Prior to any dispute, the parties agree to attempt mediation. No action, direct or recursive, may be brought without a prior attempt at mediation, which the parties must justify. The request for mediation suspends the course of the statute of limitations but does not interrupt it. The mediation must take place within a reasonable period of time of at least 30 days but not more than 3 months, unless the mediator grants an extension. The party who has an interest in the case can regain its right if the mediation fails.