Terms of sale
General Terms and Conditions of Sale
Article 1 – Scope – Opposability
- These general conditions of sale (hereinafter the "GTC") apply to any order placed by a natural person acting in his personal capacity as a consumer (hereinafter "the Buyer") on the website www.slean.com (hereinafter the "Site") published by the company Slean (see the legal notice) which markets office furniture designed in particular for the development of a telework space (hereinafter the "Products").
1.2 The purpose of the GTC is to inform any Purchaser of Products of the terms and conditions under which Slean proceeds to the sale and delivery of the Products and to define the rights and obligations of the parties. Slean's customer service can be reached from 9 a.m. to 6 p.m., Monday to Friday (except public holidays in France) by phone: 01 79 73 50 30 and by email: firstname.lastname@example.org.
1.3 The confirmation of the order on the Site implies the unreserved acceptance of these GTC which prevail over all previous versions or on any conditions or specifications emanating from the Buyer.
1.4 No tolerance on the application of the provisions of the GTC can be interpreted as a waiver on Slean's part to avail herself of it at a later date.
1.5 The nullity of a contractual clause does not entail the nullity of these GTC.
Article 2 - Orders – Account opening
2.1 The product offers presented on the Site are valid within the limits of available stocks. The Products are presented in accordance with the legal requirements (in particular Article L111-1 of the Consumer Code). Their characteristics are defined in each of the Product sheets published on the Site.
It is specified that due to the differences in screen settings, the colors of the Products whose photos are published on the Site may not correspond exactly to the actual colors.
2.2 The Buyer can choose to place an order without opening an account. Only an adult (over 18 years old), having the legal capacity to contract, can place an order for Products.
2.3 To place an order, the Buyer, after filling his virtual basket by indicating the Selected products and desired quantities, click on the "Proceed to payment" button and provide information about the delivery and payment method. Before clicking on the "Continue to shipping" button, the Buyer has the opportunity to check the details of his order and its total price and to return to the previous pages to correct any errors or modify his order.
Article 3 – Price - Payment
3.1 The prices of the Products, applicable on the day of the order, are stipulated on the Site in euros all French taxes included (TTC) and include the delivery costs of the Products regardless of the place of delivery in metropolitan France, the quantity and weight of the Products shipped.
For Products shipped outside France or overseas France (DROM COM), Slean invites the Buyer to contact her at the following address: email@example.com.
3.2 Payment for the Products is made exclusively in euros, in full on order by credit card (Visa, MasterCard, American Express), or in three instalments free of charge via the Alma payment solution.
To secure credit card payments, Slean uses Stripe secure payment services.
3.3 The Products remain the property of Slean until full payment of their price.
Article 4 – Deliveries–Claims
4.1 The delivery of the Products is made on the date agreed by the carrier of Slean with the Buyer and at the delivery address specified by the Buyer and within a period of 24 to 48 hours in Ile-de-France or 2 to 3 days for the other departments in metropolitan France.
The Products are delivered in the room of the Buyer's choice, with some exceptions: in case of order of a chair and delivery outside Ile-de-France, delivery can only be made on the ground floor.
4.2 The risks of the Product are transferred to the Buyer upon delivery, i.e. upon delivery of the Products in the hands of the Buyer or any other person who takes possession of the parcel at the place of delivery.
4.3 The Buyer is required to proceed, upon receipt, and before any use of the Products, to all examinations necessary to detect any damage, missing, defects or other apparent defects or non-conformity with his order of the Products delivered. The Buyer must in particular check the condition of the packaging, the number of packages and the Products in their quantities, references, condition and characteristics. In the event of a complaint, the Buyer must contact, within a maximum of 24 hours, Slean's customer service department at the following number: 01 79 73 50 30or by email, at the following address: firstname.lastname@example.org.
The Buyer (or his agent) must refrain from any intervention on the Products and must leave Slean every facility to note the defects or anomalies invoked. Otherwise, the claim cannot be accepted.
Les réclamations acceptées, après constatation par Slean de la livraison défectueuse ou non conforme, donneront lieu à la reprise, aux frais de Slean, des Produits par ses transporteurs et à l’échange du Produit endommagé ou non conforme ou à son remboursement en cas d’indisponibilité du Produit en stock. Aucun retour ne sera accepté sans l’accord préalable et écrit de Slean, qui attribuera à l’Acheteur un numéro de retour.
The foregoing provisions shall not preclude the implementation of the right to retraction, as recalled in Article 5 below.
Article 5 – Right of withdrawal
5.1 The Buyer has a withdrawal period of 30 days from the date of receipt of the Products (by the Buyer or a third party designated by him who will take physical possession of the Products), allowing him to withdraw without having to justify reasons or pay penalties. In case of staggered delivery, the period runs from the receipt of the last Product.
The Buyer will inform Slean of his decision to withdraw by sending him, before the expiry of the 30-day period, the withdrawal form or any other statement, without ambiguity, expressing his will to withdraw.
5.2 The Products will be taken back free of charge by Slean carriers in their original packaging, with all their accessories and instructions for use in order to allow a new marketing of the Products, on the date agreed between the carrier of Slean and the Buyer.
The Buyer will be refunded all amounts paid, including delivery costs (for international deliveries), within 48 hours from the collection of the Products by Slean and at the latest within the 14-day period from the date on which Slean is informed of the Buyer's decision to withdraw.
5.3 The Buyer may be held liable in the event of depreciation of Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Products.
Article 6 – Product Warranty
6.1 The Products sold are guaranteed to comply with the specifications and characteristics described in the Product sheets published on the Site.
6.2 The Products are guaranteed without limitation of duration.
6.3 The Products are guaranteed against possible lack of conformity and hidden defects in the conditions laid down by the provisions of the Consumer Code (Articles L 217-4 to L 217-12) and the Civil Code (Articles 1641 to 1648).
These legal guarantees are defined below:
Guarantee of conformity: extracts from the consumer code
Art. L. 217-4. - The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to him by the contract or has been carried out under his responsibility.
Art. L. 217-5. - The good is in conformity with the contract:
1° S'il est propre à l'usage habituellement attendu d'un bien semblable et, le cas échéant :
- if it corresponds to the description given by the seller and has the qualities that the latter has presented to the Buyer in the form of a sample or model;
- if it has the qualities that a Buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the Buyer, brought to the attention of the seller and that the latter has accepted.
Article L. 217-7. – Defects of conformity that appear within a period of twenty-four months from the delivery of the good are presumed to exist at the time of delivery, unless proven otherwise.
For goods sold used, this period is set at six months.
The seller may combat this presumption if it is not compatible with the nature of the good or the lack of conformity invoked.
Article L. 217-9. - In case of lack of conformity, the Buyer chooses between the repair and the replacement of the good.
However, the seller may not proceed according to the choice of the Buyer if this choice entails a cost manifestly disproportionate to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the Buyer.
Art. L. 217-12. - The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.
Art. L. 217-16. - When the Buyer asks the seller, during the course of the commercial guarantee that was granted to him at the time of the acquisition or repair of a movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee that remained to run.
This period runs from the buyer's request for intervention or the provision for repair of the goods in question, if this provision is subsequent to the request for intervention.
Guarantee of hidden defects: extracts from the Civil Code
Art. 1641- The seller is bound by the warranty for hidden defects of the thing sold that make it unfit for the use for which it is intended, or that reduce so much this use, that the Buyer would not have acquired it, or would have given only a lower price, if he had known them.
Art. 1648: The action resulting from the redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
It is recalled that the consumer:
- has a period of two (2) years from the delivery of the product to act;
- may choose between the repair or replacement of the good, subject to the cost conditions provided for by Article L217-9 of the Consumer Code;
- is exempt from having to prove the existence of the lack of conformity of the good during the two (2) years following the delivery of the product (six months for second-hand goods).
The legal guarantee applies regardless of any commercial guarantee granted.
The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
6.4 The guarantees are exercised with Slean by writing to the following address: 16, boulevard Beaumarchais, 75011 Paris (France) and by contacting customer service at the following number: 01 79 73 50 30 or at the email address: email@example.com.
Slean's warranty excludes: (i) any defects in the Product that may result from a lack of maintenance, misuse or use not in accordance with the specifications of maintenance, modifications or repairs carried out by the Buyer or a third party; (iii) damage/damage to the Product caused by external objects or events.
Article 7 – Redemption of Products
7.1 Slean buys back the Products that the Buyer no longer has the use of and that he does not want to keep. The redemption request is made to Slean by contacting customer service at the following number: 01 79 73 50 30 or at the email address: firstname.lastname@example.org.
7.2 The repurchase price of the Products is determined by Slean according to a scale established according to the age of the Product, its reference and its state of preservation. It is established after deduction of the costs of taking back by the carriers of Slean at the home of the Buyer.
Article 8 – Liability
8.1 Neither Slean nor the Buyer can be held liable for compensation for indirect or unforeseeable damages or liable for the total or partial breach of their obligations if this breach results from a case constituting force majeure.
8.2 Navigation on the Site is the sole responsibility of the users. Slean cannot be held responsible for breakdowns, errors, computer viruses that may hinder the continuity of access to the Site or malfunctions in the computer installation of users that may be observed following access to the Site. It can therefore not be held liable for compensation for direct or indirect damage that may be related to the use, access to the Site or downloading of elements published on the Site (images, texts, video files ...). Slean is not responsible for the content of third-party sites to which the Site may refer.
8.3 Slean cannot be held responsible in the event of hacking of the Site or any other attack on its computer system, and the consequences that these may entail with regard to users.
Article 9 – Propriété intellectuelle – Reproduction du Site
9.1 All the elements published on the Site including in particular logos, registered trademarks, texts, photographs, videos, images, drawings, models or paintings and without this list being exhaustive constitute works protected by intellectual property rights or human rights.
Slean is the owner of all intellectual property rights in its Products and, more generally, in trademarks, illustrations, images and logos reproduced on its articles, accessories or packaging. They are and remain the exclusive property of Slean, with the exception of the rights held by its partners and/or suppliers on their products, trademarks and logos presented on the Site.
9.2 The reproduction or representation, total or partial, of the Site or the extraction / downloading of elements of the Site by any means (in particular by the use of software, creation of hypertext links to the site), and the capture of screens, without express prior agreement of Slean, are prohibited. They are likely to constitute an infringement punishable by criminal law by the provisions of the Intellectual Property Code and / or a tortious fault likely to engage the civil liability of the violators of these prohibitions.
Article 10 - Processing of personal data
10.2 The Buyer is informed of his right to register free of charge on the list of opposition to telephone canvassing in order not to be the subject of commercial prospecting by telephone (information relating to this device on the site http://www.bloctel.gouv.fr/).
Article 11 - Applicable law – Mediation – Jurisdiction
11.1 The GTC and the contracts concluded in their framework are governed by French law, to the exclusion of the Vienna Convention on the International Sale of Goods.
11.2 In the event of a dispute concerning the formation, execution, interpretation, termination/ resession of a sales contract with a Buyer, the Buyer may resort to conventional mediation by contacting the following address: https://www.fevad.com/.
L’Acheteur devra toutefois justifier avoir tenté, au préalable, de résoudre son litige directement auprès de Slean par une réclamation écrite dûment motivée.
In addition, the European Commission has set up a platform for online dispute resolution at http://ec.europa.eu/consumers/odr/.
11.3 In the event of a legal action between Slean and a Buyer, the competent court will be that of the place of domicile of the defendant (Article 42 of the Code of Civil Procedure) or that of the place of the actual delivery of the Product (Article 46 of the Code of Civil Procedure).
In the event of a legal action between Slean and a professional Buyer, it will be the exclusive jurisdiction of the competent courts within the jurisdiction of the Paris Court of Appeal, notwithstanding multiple defendants or warranty appeal, including for emergency proceedings, protective proceedings in summary proceedings or by request.