Article 1- Scope
These terms and conditions of sale (hereinafter referred to as “General Conditions”) shall apply without restriction or reservation to all sales concluded between the company
TEMAHOME France SAS (hereinafter referred to as “Temahome”), with a share capital of €1 000 000 € whose registered office is at:
7 rue des Vernaies
74 230 Thônes
Registered with the Commercial Registry Office of Annecy under number 326 220 035
And consumers (“consumers” shall mean any natural person who acts for purposes that do not fall within the scope of a commercial, industrial, craft, liberal or agricultural activity) wishing to consult or make a purchase in the following countries: Austria, Belgium, Bulgaria, Corsica, Croatia, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Metropolitan France, Monaco, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and United Kingdom.
These Terms and Conditions of Sale are accessible at any time on the Website and shall prevail, where applicable, over any other version or any other contradictory document.
Temahome reserves the right to change its terms and conditions of sale at any time, without giving the Customer prior notice (Customers must be, at least, 18 years old).
The modified terms and conditions of sale shall be enforceable against the Customer from and while posted online for products ordered after their online posting.
Each Website purchase is subject to all the clauses of the terms and conditions of sale applicable on the date the order is placed. The Customer may only validate their order after having read these terms and conditions of sale and after having accepted them by checking the corresponding box.
Temahome considers that by validating an order and by checking the corresponding box, the Customer has duly taken note of the terms and conditions of sale and accepts them without reservation.
The conditions applicable and enforceable against the Customer are those in force at the time of the effective validation by the Customer of their order recorded on the Website.
By validating these terms and conditions of sale when placing an order, the Customer declares to having the legal capacity to celebrate a contract within the meaning of articles no. 1123 and following of the French Civil Code and certifies that they are a natural person, of age, who is not a trader and is acting according to their own personal needs.
These terms and conditions of sale shall apply to the exclusion of all other conditions, and in particular those applicable to sales in shops or through other distribution and marketing channels.
Article 2 – Object
These terms and conditions aim at defining the regime for online sales of household furnishings and the rights and obligations arising therefrom.
These terms and conditions of sale shall govern:
• The organisation of legal relations between Temahome and the Customer.
• The terms of sale between Temahome and the Customer (order, delivery, etc…).
Article 3 – Order procedure and terms
3.1 – Customer identification
To place an order, the Customer must be connected to the Website. The Website is accessible 24/7 save for incidents affecting the level of services.
When placing their first order, the Customer must create a customer account using the “MY ACCOUNT” section, then “New registration” and fill in the required information. The Customer expressly agrees not to use false information or information belonging to third parties.
Registration on the Temahome Website is effective as soon as the Customer presses the “Register” button.
It is also possible to create an account on the “Confirm order” section, then “Create your account” and fill in the required information of the registration form for that purpose. Registration on the Temahome Website is effective as soon as the Customer presses the “Place Order” button.
Next time the Customer visits the Website, they will be able to enter their username and password and place an order.
The Customer is fully responsible for their username and password and undertake to ensure its confidentiality.
3.2 Placing an order
The Customer must follow the various steps detailed on the Website. Any order placed will be confirmed by a confirmation email by Temahome to the email address indicated by the Customer with a summary of the order, the place of delivery and the payment method. This information will also be available on the Website under the “MY ACCOUNT” section. If a Customer does not receive this email, they must check their trash email box or other anti-spam software.
Prior to the final order validation, the Customer has the opportunity to make changes when noticing an error in the data entered.
The Customer shall only be able to validate their order after having read these terms and conditions of sale and having accepted them, checking the corresponding box and double clicking (article 1127-2 of the French Civil Code).
Any order validated by the Customer is only considered effective by Temahome after payment has been confirmed.
The data communicated by the Customer and recorded by Temahome when placing the order constitutes proof of transactions between the Customer and Temahome.
Information regarding the order is subject to computerised data processing for which Temahome is responsible, in accordance with the provisions of article 16 of these terms and conditions of sale.
The order confirmation and the invoice are sent by email to the Customer once payment has been made.
3.3 – Order tracking
Upon receiving the email sent by Temahome, the Customer can, by clicking on the “MY ACCOUNT” and then “ORDERS” buttons to accompany the order progress and track the delivery.
The Customer can also track their order by contacting the Online Customer Support Service using the PRS phone number displayed on the order confirmation sent to the Customer.
Article 4 – Price
The prices indicated on the Website are in euros and include all taxes, including VAT at the legal rate in force and eco-participation fee(s), where applicable, on the order day. Temahome reserves the right to change them at any time, before the final order validation, namely in case of an increase in charges, VAT rate and in case of clear error.
The products are invoiced at the legal rate in force on the Website at the time of the final order validation by the Customer.
The Customer cannot take advantage of the prices and promotions practiced on the Website to request a price match in store, and vice versa.
Prices and promotional offers on the Website are valid in the countries mentioned in article 1.
Product prices include delivery costs. Product prices do not include assembly costs.
Temahome reserves the right to modify its prices at any time, without notice, it being understood that the price displayed when ordering by the Customer will not be subject to any change.
Our company is registered in the French Registry of Furniture Markers under umber FR 54 326 220 035.
This number guarantees that Temahome, by joining Eco-Mobilier, complies with the regulatory obligations pursuant to article L.541-10-6 of the French Environment Code. Our prices do not include the contribution to the waste disposal costs of furniture provided for in article R.543-247 of the French Environment Code.
Article 5 – Payment terms
5.1 – Payment methods
Items on the Website shall be paid upon order placement, in one instalment.
To pay for their order, the Customer shall use one of the following payment methods at their disposal:
• Bank card: Visa, Mastercard and Carte Bleue Debit Card
Temahome offers its customers an online credit card payment secured by SSL (Secure Socket Layer) encryption protocol. Temahome uses the HIPAY WALLET (www.hipay.com) payment service provider. The bank details of any buyer paying by credit card are not kept by Temahome and are transmitted directly to HIPAY.
Some payment methods use 3D Secure enhanced security. This technology complements standard security by requesting an additional code sent by text message to the Customer’s mobile phone or a voice message sent to the Customer’s landline phone.
The Customer shall enter their bank details. Communication by the Customer of their credit card number and cryptogram means they authorise the debit of the order amount from their account.
Any order with credit card payment is only considered effective when the payment centres concerned give their consent.
5.2 – Fight against payment fraud
For reasons of fraud limitation, Temahome reserves the right, in order to accept the sale, to ask the Customer to present a proof of identity, residence and method of payment used. In this case, the order shall be processed upon receipt of these documents. Temahome reserves the right to cancel the order should the proofs of identity not be received or should they be deemed non-compliant.
Temahome reserves the right to refuse to honour any order should there be a dispute over payment of a previous order.
5.3 – Payment incident
Temahome shall not be required to deliver the items ordered by the Customer should the Customer not pay the price in full under the abovementioned conditions.
When the order is debited, in case of incomplete, irregular or non-existent payment for any reason or in case of any payment incident, Temahome reserves the right to suspend or cancel the delivery of ongoing orders.
In the event of non-payment for whatever reason, an amicable lump sum compensation of fifteen euros (€15) shall be required by Temahome in addition to the invoice amount, plus debit fees invoiced by Temahome’s bank should there be an amicable collection which remains unsuccessful within ten (10) days from the date of delivery of the first collection request letter, be it sent by registered post or by simple post. Collection shall be done by litigation. Litigation costs to be invoiced by the collection company acting on behalf of Temahome shall be charged directly to the Customer, independently of the amicable lump sum compensation.
In the event of non-payment after a formal failure to pay notice remains ineffective, Temahome retains full ownership rights over the items ordered until full payment is made and may file a lawsuit to claim it before a competent judge.
Article 6 – Product availability
Product availability indicated on the Website is valid within the limits of available stocks except for customised products made to measure. Prior to any purchase, the Customer shall be informed of the availability of those products.
The Customer acknowledges and accepts that Temahome shall do everything within its power to process and fulfil all the orders validated.
Insofar as processing delays are necessary between the registration of an order and its payment by the Customer, the products may become unavailable during this period.
Should, following order confirmation by Temahome, the products become totally or partially unavailable, Temahome shall inform the Customer by email of this unavailability in accordance with the provisions of article L 121–20–3 of the French Consumer Code.
Given this context, the Customer has the following options:
• Choose to receive a Temahome product that is similar in quality and price.
• Choose to be reimbursed for the order within fourteen (14) days after the product has been paid.
Article 7 – Delivery
7.1 – Delivery terms and deadlines
Products can be delivered to the countries mentioned in article 1.
Products are delivery at the address given by the Customer upon placement of the order.
Temahome uses different delivery methods according to the products ordered. The order can therefore be delivered in several packages and on different dates, should the Customer so accept. Temahome commits to respect the delivery times indicated on the Website, however they may not be fulfilled in case of force majeure, as defined by law and jurisprudence.
The shipping time is of seventy-two (72) business hours from receipt of the order confirmation. These deadlines are calculated in working days (except Sundays and bank holidays).
Should the Temahome company close, the delivery times shall be extended by one week for any order placed between week 52 and week 1.
Should there be a delivery problem, Temahome undertakes to make its best efforts to keep the Customer informed of the possible delivery date extension.
The carrier chosen by Temahome shall contact the Customer in order to set a delivery date.
Should the Customer be absent on the delivery day, the Customer must contact this carrier service at least one day before the appointment in order to arrange a new delivery date.
When making an appointment with Temahome, the Customer must expressly indicate any access difficulties that the carrier may encounter and measure the access passages of their home.
All additional costs related to the rental of furniture hoist, articulated bucket lift, etc. shall be borne by the Customer and charged by the carrier in addition to the sale price and delivery costs mentioned on the Website.
The Customer undertakes to be present on the day of the delivery agreed with the carrier and to check the conformity of the order upon receiving it.
Should the Customer be absent from the address indicated on the day of delivery, or should there be an error made by the Customer regarding the given delivery address, the costs of a new delivery shall be borne by the Customer.
Likewise, should it be impossible to make the delivery due to access difficulties not indicated in advance, the costs of a new delivery shall be borne by the Customer.
Should this second appointment not be fixed because of the Customer, fifteen (15) days after a formal notice remained unsuccessful, the sale shall be considered as being delivered.
7.2 – What to do before validating an order
Prior to any order and any purchase, the Customer shall ensure that each product ordered can be delivered without difficulty and verify that the dimensions of the packages and products specified on the product sheet fit the specific spatial constraints of their home (elevators, stairs, corridors, landing doors, front door, etc.). The Customer must thereby take all necessary measures to ensure the smooth running of the delivery.
Should there be any difficulty during the delivery of products for which the Customer is solely responsible for, the Customer shall be charged the costs of a new products delivery.
Delivery by carrier does not include assembly, at the building’s entrance or front door of the house.
7.3 – What to do when receiving an order
Before signing the delivery note, the Customer must:
Thus, the Customer shall be responsible for making all the necessary conformity checks upon order delivery. This check shall be deemed to having been carried out upon signature of the delivery note by the customer and the carrier has enabled verification by all means of the good condition of the package and its contents.
Should there be any anomalies noted during delivery, the Customer must enter them on the delivery slip provided by the carrier.
Should the delivery be non-compliant (when the carrier does not justify having given the Customer the possibility of actually checking its good condition), the Customer must confirm his reservations concerning the products delivered no later than ten (10) days after receiving the products.
These reservations must be sent by registered post with acknowledgement of receipt to the carrier, in order to remind them of the damages or of the missing items in detail, as well as to Service Client Web de Temahome, 7 rue des Vernais 74 230 Thônes, accompanied by, at least, two photographs and a copy of the carrier’s delivery note with the reservations written down. After this period, any request shall be rejected by Temahome and Temahome cannot be held liable.
Complaints accepted shall lead to a compliance or an exchange of the defective or non-compliant product or to its reimbursement in case of unavailability of the product in storage or with suppliers.
Without Temahome’s agreement, no spontaneous return shall be accepted.
Should there be an absence of specific reservations made by the Customer within the a ten (10)-day period, delivery shall be considered as having been made, subject to the guarantees described in article 11 below.
Article 8 – Retention of ownership and risk transfer
Temahome shall retain ownership of the products sold until its full (main and accessories) payment has been made. This provision does not prevent the transfer of risk to the customer, as from their reception (risks of loss and deterioration of the purchased products and damages they could cause).
Article 9 – Product information
Temahome disseminates information concerning the products’ essential characteristics with the utmost rigour and undertakes to provide descriptions in the form of “product sheets”.
There may be differences between the products delivered and those represented on the Website, namely those regarding technical or technological developments. These differences, since they do not relate to the essential characteristics of the products and do not affect their quality, cannot justify a cancellation of the order or a refusal of delivery.
Due to the imponderable techniques inherent to photography operations and Internet navigation systems and/or monitors, the colours on the Website are only indicative and cannot, in any case, be considered as a faithful representation of the real colours of the products represented. There may be sensitive colour deviations, especially in certain finishes such as wood laminate and marble, which cannot be opposed to Temahome.
On the other hand, Temahome cannot be held liable for involuntary errors or omissions that could persist, despite all our care and control.
Article 10 – Right of withdrawal
10.1 – Terms of the right of withdrawal
The Customer has a withdrawal period of fourteen (14) calendar days from receipt of the products to inform the seller of the decision to withdraw to return or deliver products (art. L-21-3 c.conso) to Temahome for the purpose of exchange or refund.
The Customer shall be exclusively responsible for bearing the return costs.
10.2 – Return procedure
The Customer must assert their right of withdrawal by contacting the customer support service by email at email@example.com
Temahome’s customer support service shall undertake to contact the Customer within seventy-two (72) working hours to give them details regarding the return procedure.
The Customer must place all products in the package(s) and carefully prepare the return package(s).
The Customer must return the products in their original packaging and in perfect condition.
Returns shall only be accepted should the Customer comply with the return procedure.
The Customer shall not be able to exercise their right of withdrawal should the returned products be unsuitable for new commercialisation should they, for example, show signs of wear and tear.
Should the products be returned by the Customer who has exercised their right of withdrawal in accordance with the provisions of this article, the Customer shall bear all transportation risks.
10.3 – Exchange and refund of products
The Customer who has exercised their right of withdrawal has the choice of either requesting the exchange of the products or receive a refund.
• Should the Customer wish to exchange the products, returns shall only be accepted by Temahome should the return procedure described in article 12.2 above be complied with.
Once the return is accepted by Temahome, Temahome shall be in charge of the Customer’s request. The new products shall be delivered to the Customer within a reasonable period of time depending on their availability. Should the products ordered by the Customer not be available, Temahome shall inform the Customer and proceed with the refund under the below described conditions.
• When the right of withdrawal is exercised, Temahome shall undertake to refund the Customer within fourteen (14) days following the date when said right was exercised, after having carried out all product checks.
The refund method shall be the same as the Customer payment method.
The Customer must return the products in their original packaging and in perfect condition. Any product that has been damaged by the Customer shall not be refunded or partially refunded.
Article 11 – Guarantees
The Customer benefits from the legal guarantee of conformity as well as the guarantee against hidden defects in accordance with the legal provisions of articles L.211-1 to L.212-2 of the French Consumer Code and articles 1641 to 1649 of the French Civil Code.
11.1 – Information on the availability of spare parts
Spare parts essential for the use of our products are available for at least 2 years after the sale of the product.
11.2 – Lack of conformity
Temahome is required to deliver products in conformity with the contract and is liable for any lack of conformity existing during the delivery of the products.
The action resulting from the lack of conformity prescribes two (2) after delivery of the products.
In accordance with the provisions of articles L.211-9 and following of the French Consumer Code, the Customer can choose between having the products repaired or replaced.
In the event of impossibility or in case of a clearly disproportionate cost given the value of the products, Temahome is not obliged to proceed according to the method chosen by the Customer.
However, the Customer may only return the product and have the price refunded or keep the product and be refunded for part of the product when the following conditions provided for in article L.211-10 of the French Consumer Code
• The requested, proposed or agreed solution (repair or replacement) cannot be implemented within one (1) month following the Customer’s complaint.
• When the solution brings major inconvenience for the Customer given the nature of the product and its intended use.
11.3 – In the event of a hidden defect
Temahome has a warranty that covers hidden defects in a product sold should it be rendered unfit for its intended use.
The action resulting from hidden defects must be presented by the purchaser within two (2) years from the discovery of said defect.
In accordance with the provisions of article 1641 and following of the French Civil Code, the Customer has the choice to return the product and be refunded for the price paid or they can keep the product and have part of the price refunded.
Temahome shall also be able to offer the Customer the replacement of the products.
11.4 – Exclusion of warranty
The guarantee does not cover deterioration resulting from normal wear and tear or from a cause arising from the intrinsic qualities of the products. The guarantee cannot cover damage resulting from abnormal use or use that does not comply with the seller’s instructions, namely defects and their consequences linked to a use that does not comply with the use for which the product is intended (professional or collective use, for example).
Damage caused by the Customer or by a third party (e.g. transport, handling, assembly, etc.) is also excluded from the warranty.
Temahome cannot be held liable for damages resulting from the misuse of the products by the Customer or in case of fortuitous or force majeure.
11.5 – Complaints
To invoke the legal warranty, the Customer must notify Temahome of the defect as soon as it appears by completing the form available on the Website and sending it together with at least two (2) photographs, to the Online Customer Support Service at the following address:
Service Client Web
7 rue des Vernaies
74 230 Thônes
The Customer must comply with the return procedure described in article 12.2 above.
Temahome shall bear all product return costs.
Should the Customer choose to have the products replaced within the framework of these legal guarantees, Temahome shall bear the shipping costs of the exchanged products.
Article 12 – Litigation and Responsibilities
The Customer is required to verify the completeness and veracity of the information provided to Temahome when placing an order, namely the delivery address.
The Customer is responsible for the information provided when registering and placing an order. Temahome cannot be held liable for any data entry errors that could originate delivery errors. Should the delivery address be incorrect or should the Customer decide to change the delivery address after the products have already been shipped by Temahome, the Customer shall bear the costs of the new delivery.
The choice and purchase of products by the Customer are under their sole responsibility. Therefore, the total or partial impossibility of using products, namely because of product incompatibility, may not give rise to any compensation, refund or questioning of Temahome’s liability, save in the case of a proven hidden defect, non-compliance, defect or exercise of the right of withdrawal provided for under the provisions of the French Consumer Code.
All irresistible facts or circumstances, unforeseeable and beyond the control of the parties, namely in the event of a nation-wide carriers’ strike, and natural disasters such as floods or fires shall be considered as unforeseen circumstances or force majeure exempt from liability.
The products sold on the Website are intended for private use. They can, in no case, be used professionally by associations or communities which do not meet the standards of professional use.
Article 13 – Mediation
In accordance with the provisions of the French Consumer Code regarding the amicable settlement of disputes, our company adheres to the AME – Association des médiateurs européens [Association of European Mediators] whose contact details are as follows: 11 place Dauphine 75001 PARIS – Phone number: 09 53 01 02 69 – http://www.mediationconso-ame.com/
After prior written action by consumers vis-à-vis our company, the AME Mediator be referred to for any consumer dispute whose settlement has not been successful, either by mail or using the following website http: //www.mediationconso-ame.com / unifa-home-equipment.
Article 14 – RGPD
In application of the European Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, Temahome shall collect the Customer’s personal data for the purposes of processing their order, issue Temahome invoices and, in this case, identifying the Customer.
“Personal data” shall refer to information concerning the Customer as a natural person, communicated voluntarily by the Customer. Thus, personal data includes nominative data (such as first names, surnames, contact details, etc.).
Temahome shall protect the Customer’s privacy by respecting the legislation in force.
Temahome shall inform the Customer that this automated processing of information has been declared to the CNIL under number 1973084.
In accordance with the French “Informatique et libertés” law [Information and Liberty Law] no. 78-17 of 6 January 1978 modified by law no. 2004-801 of 6 August 2004 and by the General Data Protection Regulation, the Customer has a right of access, of rectification, of data portability and erasure of concerning them as well as a right to object the processing of their data. To exercise this right, the Customer can send a letter to the following address:
Service Client Web
7 rue des Vernaies
74 230 Thônes
or an email to: firstname.lastname@example.org
Article 15 – Intellectual property
The elements published on the Temahome Website including logos, registered trademarks, texts, photographs, images, drawings, models or tables are works protected by intellectual property rights or personal rights. The reproduction or representation, in whole or in part, of this Website is, therefore, prohibited without the express prior consent of the holders of these rights and would constitute an infringement punishable by the provisions of the Intellectual Property Code and/or a tortious misconduct liable to the civil liability of the infringers of the aforementioned rights.
In addition, the Customer may only access the content of the database and any other element of the Website and display them for non-commercial and private use.
Article 16 – Users Responsibility
Users are solely responsible for navigating www.temahome.com. Temahome cannot be held liable for breakdowns, errors or computer viruses that could hinder the continuity of access to its website or malfunctions in users’ installed computer software following access to the website. Therefore, Temahome cannot be held liable for the repair of direct or indirect damage which could be linked to the use, access to its website or the downloading of elements stored on the Website (images, texts, video files, etc.).
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Article 18 – Severability of clauses and non-waiver
The fact that any clause of these terms and conditions of sale becomes unenforceable, null and void, illegal or unenforceable as a result of a law, regulation or final decision of a competent court shall not call into question the validity, legality and applicability of the other stipulations of these terms and conditions of sale that shall remain in force.
The Customer shall remain bound to perform its contractual obligations and, as such, shall not be able to claim any exemption from liability.
The fact that one of the Parties has not required the application of any clause of these terms and conditions of sale, whether permanently or temporarily, may in no case be considered as a waiver of the rights of this Party arising from said clause.
Article 19 – Language and applicable law
These terms and conditions of sale are written in English. Should they be translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
These terms and conditions of sale are subject to French law.
The parties shall seek, before any litigation, a possible amicable agreement.
In the absence of an amicable agreement, any dispute relating to the formation, execution, interpretation and termination to which the terms and conditions of sale could give rise, even in the event of recourse under warranty or plurality of defendants, shall fall within the exclusive jurisdiction of the French courts.
Article 20 – Miscellaneous
20.1 – Evidence
By express agreement between Temahome and the Customer, emails shall prevail between the Parties as shall the automatic recording systems used on the Website, namely regarding the nature and date of the order.
The Customer can access, in accordance with the rules of common law, the electronic contract concluded with Temahome. In order to do so, they shall contact the Online Customer Support Service by email, to which they shall provide all the information necessary to do so, including the order number and contact details.
20.2 – Contract Integrity
These terms and conditions of sale and the order summary sent to the Customer form an integral part of the contract and constitute the entire contractual relationship between the Parties.