TERMS OF SALES
Our sales are governed by these general conditions of sale, which take precedence over all conditions of purchase. Acceptance of orders is based on the express condition that the buyer accepts all the general conditions of sale contained in
present. Buyer's acceptance of delivery constitutes Buyer's assent to these terms and conditions. These Terms and Conditions represent the entire agreement of the parties, and no Terms and Conditions adding, modifying or altering in any way the provisions set forth herein shall be binding on the Manufacturer unless made in writing and signed and approved by a manufacturer manager.
PRICE
Our price list includes Exworks Argentat recommended retail prices (excluding VAT). A deposit of 40% is requested upon acceptance of PROFORMA invoice in order to launch production. The turnaround time and expected shipping date also depends on the date of receipt of the first deposit. Payment of the balance is requested before shipment. Orders must be paid in full, including shipping, handling, packaging, storage, applicable taxes, and service charges before shipping. Our standard production lead time is around 12 weeks, to be confirmed for each individual order. ALL PRICES ARE SUBJECT TO CHANGE WITH 30 DAYS NOTICE. ALL PAYMENTS
MUST BE MADE IN EUROS. Payment terms are made by SWIFT to our bank account: 40% on order and 60% before shipping.
BANKING INFORMATION
CIC SOUTH WEST
CIC BRIVE ENTERPRISES
2 avenue de Paris
19100 BRIVE-LA-GAILLARDE
INTERNATIONAL BANKING ACCOUNT NUMBER (IBAN):
FR76 1005 7190 0300 0862 0690 102
BANK IDENTIFICATION BIC CODE:
CMCIFRPP
Name and address of account holder:
EI FURNITURE
CHASTANG ROAD
19400 ARGENTAT – France
EI FURNITURE (the “ Seller ”), route du chastang 19400 ARGENTAT, France - VAT number FR49538491309
All communications related to questions about the Products and/or orders placed should be sent to communication@ecart.paris . If a telephone number is also communicated for this purpose, it appears in the dedicated section within the Site.
Sales on the Site are primarily intended for people acting in their capacity as consumers. Despite this, we sometimes allow sales to people acting in a professional capacity.
By placing an order, you declare that:
a) you are at least 18 years old (if you are a natural person);
b) you have full legal capacity to conclude a sales contract with the Seller, in particular and without restriction, you are duly authorized by the competent legal persons, you are not the subject of a judicial or administrative decision limiting your capacity and/or you have the authority to act on behalf of the person presented as the contractual partner and the real beneficiary of the purchase made.
3.1. You can place an order as a registered user, having created an account before placing the order, or as a guest. Creating a user account will allow you to place future orders by connecting to the Site without having to enter your information each time you wish to place an order. The processing of data, whether it concerns the creation of a user account or purchases made as a guest, is governed by our privacy policy (see article 12 below). after) and, where applicable, is subject to your authorization regarding the processing of your data for certain expressly designated purposes.
3.2. The order expresses your intention and your request to the Seller to purchase the Product(s) indicated on the order in question. The order will be considered as placed once you have completed the online purchase procedure which will be indicated to you step by step within the dedicated section of the Site. Once the order has been placed, you will receive an e-mail confirming receipt of the order and containing the order number as well as other details concerning the Product(s) ordered, such as the characteristics of the Products, the applicable price, the price including VAT (if applicable) and shipping costs (if applicable to you) (hereinafter referred to as " Order Summary ").
3.3. Please note that the Order Summary only indicates that we have received your order and therefore, at this stage, the order is not yet considered accepted by us. Any order for a Product will be subject to our acceptance and will be deemed to have been accepted (and the online sale contract for the Product will thus be deemed to have been concluded) when you receive a separate e-mail confirming dispatch of the Product (below after designated " Dispatch Confirmation ").
3.4. When placing an Order, subject to the availability of the Product(s), you can purchase one or more Product(s) without quantitative limits, if you are acting as a consumer, with a minimum amount of €135, if you act as a professional and for delivery in France.
3.5. The price and other conditions of sale that appear on the Site in relation to the Products do not represent a purchase proposal that we address to the general public. Therefore, although we endeavor to respond to all requests from our customers, we may still refuse an order you have placed. In particular, and without restriction, we may refuse your order:
a) in the event of unavailability of the Product(s) ordered;
b) if we are not authorized to debit you the applicable total amount of the Product(s) in accordance with one of the applicable means of payment;
c) if you do not meet the eligibility criteria set out in paragraph 2 above;
d) if, at the time of purchase, the price indicated is obviously incorrect due to a significant error recognizable as such (for example a price that is too high or too low compared to the price generally applied for the same Product, unless a promotion that can explain the price displayed on the Site is in progress; an error in the calculation of VAT or other applicable taxes).
3.6. If we are forced to refuse one of your orders, as indicated in paragraph 3.5 above, you will be notified by means of an order refusal notification which will be sent to you by e-mail. and, if you have already paid, you will be fully refunded. The refund will be made using the same means of payment used during payment (see article 6 below) without undue delay and, in any case, within 10 (ten) working days from the notification refusal of the order.
3.7. Upon receipt of the Dispatch Confirmation, the contract relating to the online sale of the Product(s) (the " Contract ") will be considered concluded and will be binding on you and the Seller, except in the event of material error. and recognizable regarding the price, as indicated in paragraph 3.5 above. In the latter case, we reserve the right to cancel the order and cancel the shipment. You will be informed of this and you will be reimbursed using the same means of payment used for the online purchase (see article 6 below) without undue delay and, in all cases, within 10 (ten) working days from the notification of refusal of the order.
4.1. You have a right of withdrawal as indicated in the paragraphs below. However, if you act as a professional, this right of withdrawal may not apply if you wish to exercise it.
4.2. You can withdraw from the Contract within 14 days from the date of delivery of the Product . To exercise this right, simply follow the procedure defined in paragraph 4.3 below before the expiry of the withdrawal period.
4.3. You must take all appropriate measures to protect the Product and do your utmost to ensure that the Product is returned in the best possible condition, including with its original undamaged packaging, instructions for use, any separated and any other element. The Product must not have been manipulated more than necessary to establish the nature, characteristics and functioning of the Product. If these conditions are met, the purchase price of the Product(s) concerned may be refunded to you, in accordance with the provisions indicated below.
4.4. In order to exercise your right of withdrawal, you must send us an e-mail to the following addresscommunication@ecart.paris or call us by telephone (if the number appears in the corresponding section of the Site) to formulate your decision to withdraw from the Contract. You will be informed about the details of the procedure for returning the Product. You are responsible for the condition of the Product for as long as you are in possession of it.
4.5. If you decide to return the Product and if you have exercised your right to withdraw from the Contract within the withdrawal period of 14 days from the delivery of the Product, we will reimburse you, using the same means of payment as that used during the purchase, the amounts that we have collected from you (with the exception of any additional costs linked to the fact that you have chosen another type of delivery than the one we offer as standard), without unjustified delay and, in any case, within 14 days from the day on which you told us that you wanted to withdraw from the Contract. To proceed with the refund, we may however wait to have received the Products for which you have exercised your right of withdrawal or proof that the returned Products have indeed been returned to us, whichever comes first.
4.6. In the event of a valid exercise of the right of withdrawal, you will be invited to contact our authorized carriers in order to agree with them on the preferred methods for collecting the Products. Please note that you are normally authorized to drop off the Product to be returned yourself at the collection point indicated by the carrier. If the collection service within the desired location is possible with the help of the designated carrier, please note that depending on the type of Products concerned and / or the structural characteristics of the place where the Products are to be collected, the carrier may not not be able to collect the Products from your doorstep (for example due to large or heavy items not being able to be transported from a floor due to elevator unavailability or limitations) .
4.7. You will remain fully responsible for payment of the Product price and related charges, including shipping and taxes, as originally agreed, if the returned Product is damaged/defective due to misuse. improper use, negligence, damage, physical, aesthetic or superficial alteration, modification, improper maintenance or wear beyond what is necessary for you to establish the nature, characteristics and operation of the Products . Similarly, we will not accept returns of Products that do not match the serial numbers on the original delivery waybill. You are responsible for the proper use of Products purchased online.
4.8 You will not be able to withdraw from the Contract if the purchase concerns made-to-measure or obviously personalized Products, in accordance with article 59, letter c) of the Italian Consumer Code (Legislative Decree no. 206/2005).
5.1. We will deliver the Products ordered to the delivery address you have indicated, normally within 48 hours from the Dispatch Confirmation. Although we take measures to meet the delivery times indicated, these times should be considered indicative and not binding; in accordance with current consumer regulations, we are obliged to guarantee delivery no later than 30 days from the conclusion of the contract.
5.2. The delivery tracking number will be communicated to you within the Dispatch Confirmation e-mail or as soon as possible so that you can check the delivery status of the Products purchased. Without prejudice to the provisions of Article 5.1 above, if the Product(s) you have ordered is/are not delivered to you within 15 days of the conclusion of the Contract , please contact us atcommunication@ecart.paris to find out more about the delivery status of your Product(s).
5.3. Upon delivery of the Product, your presence is required, or that of a person authorized to collect the Product and sign the transport document certifying receipt of the Product. If the Product has not been delivered within the time indicated in the Dispatch Confirmation e-mail or later, you can contact us by e-mail atcommunication@ecart.paris or call us by telephone ( if the number appears in the corresponding section of the Site).
5.4. If delivery within the desired location is possible with the help of the designated carrier, please note that depending on the type of Products concerned and/or the structural characteristics of the place where the Products are to be delivered, the carrier may not be able to deliver the Products to your doorstep (for example due to large or heavy items not being able to be transported to a floor due to unavailability or limitations in the use of the lift).
5.5. Shipping and delivery services do not include installation . Some of our Products are made up of several separate elements that must be assembled at the time of installation. The components of the Products may be shipped and reach your destination separately and at different times. If one of the components is not delivered or is misplaced, we are unable to independently ship component(s) to replace the missing one(s) . In this case, you must: i) cancel the order by reporting the problem relating to the partial delivery by contacting our customer service by e-mail atcommunication@ecart.paris or by telephone, if the number appears in the section corresponding to the Site, and ii) ensure that all the other components of the Products having been delivered during the partial delivery are returned to us following the same procedure as that described in paragraph 4. You will then receive the refund and, if you wish, you can order the Product again.
5.6. The risk of loss and damage to the Product, for reasons not attributable to us, passes to you when the Product is physically in your possession or in the possession of a person designated to collect the Product on your behalf.
6.1. The prices applicable to the Products are those indicated on the Site for each Product, except in the event of a significant and recognizable error concerning the price, as indicated in paragraph 3.5 (for example a price too high or too low compared to the price generally applied for the same Product, unless a promotion that could explain the price displayed on the Site is in progress; an error in the calculation of VAT or other applicable taxes). Unless otherwise specified before you place an order, the prices of the Products include applicable VAT, adjusted according to the current rate, shipping costs and applicable customs duties.
6.2. We reserve the right to modify the price of the Products and the applicable shipping costs at any time, it being understood that any change will in no way affect the contracts concluded before the said change.
6.3. Payment for the Products can currently be made using the following payment circuits and services: American Express, Visa, Mastercards, Apple Pay, Google Pay, . Payment methods can sometimes be changed. Collection is performed on our behalf by Shopify Payment or other service providers. Please note that to verify the validity of the card used, Shopify Payment may implement a card validity verification process via 3D secure.
Unless otherwise stated, the manufacturer warrants all goods sold under this contract to be free from defects in workmanship and materials. The one (1) year warranty does not apply to damage or breakage resulting from misuse, accident, abuse, neglect, mishandling or wear and tear resulting from normal use . Many wood and metal finishes are applied by hand and may vary slightly in color, tone and character. Although EI FURNITURE makes every effort to match finishes, no guarantee can be given as to an exact match. EI FURNITURE does not warrant against discoloration and oxidation. Variations in color and grain are inherent in woods, metals, leathers and are considered part of natural beauty. All EI FURNITURE furniture is handcrafted and therefore subject to slight variations. EI FURNITURE is authorized to modify the shapes and nature of the components in the series of its models, in order to improve and maintain the level of comfort and aesthetics. All products sold by EI FURNITURE comply with European standards for normal use. Any product requiring special adaptation to standards will be the responsibility of the customer.
7.1. All products purchased on the Site are covered by a legal guarantee of conformity for 24 months from the date of delivery , in accordance with articles 128 and subsequent of the Italian Consumer Code (Legislative Decree no. 206/2005). The exercise of your rights in the event of a lack of conformity, in accordance with article 7.2 below, is subject to a limitation period of 26 months from the date of delivery. In the absence of such exercise, you will no longer be entitled to the applicable remedy.
7.2. In accordance with article 135 bis of the Consumer Code (the text is available in full here ), in the event of non-compliance of the Product, you have the right to have the Product made compliant free of charge. For this, you can normally choose between repairing and replacing the Product. This right to be able to choose cannot be exercised if the solution chosen is impossible or if it involves disproportionate costs, taking into account all the considerations, for the Seller compared to the other solution, as stipulated by article 135 bis of the Italian Consumer Code (Legislative Decree no. 206/2005).
7.3. In accordance with the provisions of Article 135 bis, paragraph 4 of the Consumer Code (Legislative Decree no. 206/2005), you may be entitled to a proportional reduction in the price or to the termination of the sales contract only if the repair or the replacement of the Products has not been made or if it is obvious that it will not be or if the lack of conformity is of such gravity that it justifies an immediate reduction in the price or the termination of the sale. Termination is not permitted if the lack of conformity is minor .
7.4. If you act as a professional, you cannot benefit from the legal guarantee but you can take advantage of the solutions offered by the legal guarantee which accompanies the Products.
7.5. To exercise your rights regarding a lack of conformity of a product, you can contact us atcommunication@ecart.paris
8.1. We cannot be held liable in the event of non-execution or late execution of our obligations in the event of circumstances that are beyond any reasonable and foreseeable possibility of control (hereinafter referred to as " Cases of force majeure ").
8.2. Force Majeure Events include, but are not limited to, the following circumstances:
a) strikes, lockouts and other industrial disputes;
b) mobilizations and civil insurrections, invasions, terrorist attacks or threats of terrorist attacks, armed conflicts (declared or not), risk or preparation of conflicts;
c) fires, explosions, storms, floods, earthquakes, epidemics or other natural disasters;
d) impossibility of using public or private means of telecommunication;
e) pandemics and confinements.
8.3. The performance of our obligations under these Terms and Conditions is suspended for the entire period during which the Force Majeure Events persist. We will do our utmost to find solutions allowing the proper performance of our obligations despite the persistence of Force Majeure Cases.
9.1. Failure to enforce any provision of these Terms and Conditions does not affect the parties' right to enforce any provision at any later time. Similarly, the fact of waiving the exercise of a right resulting from the violation of these General Conditions does not constitute a waiver of the exercise of a right resulting from a subsequent violation of the same provision.
9.2. The waiver by either party of any of the articles of these General Conditions is effective only if it is expressly stated that it is a waiver and that this is communicated in writing.
If any provision of these Terms and Conditions is illegal or invalid, it shall not be deemed to form part of the Terms and Conditions and this will not affect the other provisions which shall still be valid to the fullest extent permitted by law.
We reserve the right to modify these Terms and Conditions at any time by posting a specific notice on the Site.
Your personal data will be processed in accordance with our Privacy Policy which can be viewed here.
13.1. These General Conditions and the individual Contracts to which they apply are governed exclusively by Italian law. The application of the United Nations Convention on the International Sale of Goods is excluded. Notwithstanding the foregoing, the applicable law is without prejudice to any mandatory consumer protection rules applicable based on the conflict of laws provisions of Italian law.
13.2. For any dispute that may arise between you and us under these General Conditions and / or the Individual Contracts, you can choose to refer the matter to the competent Italian court or the competent court of your place of residence or domicile. For our part, we can only bring proceedings before the competent court of your place of residence or domicile under these General Conditions and / or the Individual Contracts that we have concluded with you.