2. Acceptance of these General Conditions of Sale
3. Ordering on the site www.embargo.design
4. Confirmation of the order by EMBARGO
5. Availability of products
6. Prices / Rates
10. Right of withdrawal, product return, cancellation and after sales service
11. Customer Service
13. Reservation of title
14. Securing banking data
15. Personal data
16. Intellectual property and use of the site
17. Applicable law. Litigation.
These general conditions of sale govern exclusively the relations between Société par Action Simplifiée -SAS (Joint Stock Company) EMBARGO and Customers wishing to make a purchase on the site www.embargo.design. These conditions apply to the exclusion of all other conditions.
Article 1. Identification
SAS EMBARGO is a company of creation, design and edition of objects of design (small objects, furniture, ... in different materials) which it offers for sale on its website, as well as via distributor partners (shops, galleries, other websites ...).
SAS EMBARGO with a capital of 2500 €
R.C.S PARIS 824 907 026
SIRET 824 907 026 000 10
VAT FR FR 54 824907026
Registered office: 42, rue Sainte Anne. 75002 Paris France
SAS EMBARGO is responsible for the processing of personal data and the content of the site www.embargo.design
Article 2. Acceptance of these Terms Of Sale (TOS)
The customer placing an order is deemed to accept all of the provisions set out below.
All orders will be governed exclusively by these Terms and Conditions, excluding any other conditions of purchase.
The validation click with the button "PAY" that the Customer executes after filling his shopping basket on the site www.embargo.design materializes a confirmation of order and constitutes irrevocable acceptance by the Customer of the present TOS. This validation click constitutes an electronic signature, recognized between the parties, as having the same value as a handwritten signature.
Article 3. Order on the website www.embargo.design
The Customer places his order according to the process proposed to him on the site.
The Customer is obliged to provide all necessary information for the delivery of the ordered item(s): civil status, surname, first name, address, building access code, floor, building number and other necessary information including an e-mail address and a telephone number Where the Customer can be reached during the day in case of making an appointment for delivery.
The order will be the subject of a summary of the product(s) placed in a personalized space of the Customer dubbed Mon Panier (and represented by the logo of a supermarket caddy): quantity ordered per article, price per unit incl. shipping costs IAT (Inclusive of All Taxes).
The Customer will validate this order by clicking on "COMMAND" present on several successive validation screens, then on one of the "PAY" buttons proposed by type of payment, in particular the payment by credit card.
After the finalization of the Payment step, the Customer will receive by email an acknowledgment of receipt of the order placed. If this confirmation email was not received within the specified time, it is the Customer's responsibility to post a message via the Contact function as it is exceptionally possible that the order could not be recorded for technical reasons.
The information recorded by the EMBARGO computer system is considered as proof of the order (content and date) by the Customer.
Article 4. Confirmation of the order by SAS EMBARGO
The order will be considered as firm and definitive only after confirmation by SAS EMBARGO. Some orders may be the subject of additional requests to the Customer. In this case, the Customer is notified of the supporting documents to be sent by mail or post to SAS EMBARGO in order to obtain the definitive validation of his order. SAS EMBARGO reserves the right to cancel the order within 30 days of the additional request to the Customer in the event of non-receipt of these documents or receipt of documents deemed non-compliant. SAS EMBARGO undertakes to inform the Customer by any means at its convenience, in particular in case of problem of product supply, abnormal order, foreseeable difficulties, unavailability of a product, payment incidents, Or non-receipt of supporting documents.
Article 5. Availability of products
The EMBARGO product offerings and prices are valid as long as they are displayed on the site, within the limit of available stocks and / or according to the indicated delivery time.
In the event of unavailability of a product after placing your order, SAS EMBARGO will inform the customer by e-mail or telephone upon receipt of the information received by the suppliers no later than 3 working days from the date of The customer's order.
Article 6. Prices / Rates
The prices of the products and services presented on the Site are indicated in Euros, all taxes included (IAT). They are applicable during the validation of the order by the Customer and do not include the transport costs, invoiced in addition and indicated on the page "Summary" of the basket before the final validation of the order.
An invoice is affixed to the package upon delivery.
SAS EMBARGO reserves the right to modify its prices plus shipping charges (as stipulated in article 9 below), which will be invoiced on the basis of the rates in effect at the time of registration of orders.
All inclusive prices are inclusive of VAT (value added tax) for products delivered within the European Union. Items subject to VAT are subject to French VAT. Any change in the legal rates of French VAT will be reflected in the prices of the products and services presented on the Site, on the date stipulated by the decree of application published in the Official Journal referring to it. For a delivery within the European Union, the prices take into account the VAT applicable on the day of the order. They are therefore inclusive of VAT. No other customs duties or VAT will be payable for delivery within the European Union. Any change in the applicable rate may be reflected in the sale prices of the products in the catalog.
For a delivery outside the European Union, the customer will have to pay customs duties, VAT or other taxes due on the importation of the products in the country of the place of delivery.
The formalities relating thereto are also the sole responsibility of the customer, unless otherwise stated. The customer is solely responsible for verifying the possibilities and formalities of importing the products ordered according to the law of the territory of the country of delivery.
Article 7. Payment
The Customer may make payment by credit card or PayPal. This last method of payment allows the Customer to pay for his purchase by credit card or directly via his PayPal account (if he has one). No cancellation of orders will be taken into account, unless there is a written agreement from SAS EMBARGO, confirmed by the buyer in writing, without which the goods will be delivered and invoiced.
Article 8. Invoicing
The invoice is sent with the parcel to the postal address indicated by the Customer at the time of the shipment of the order.
Article 9. Delivery
The products are delivered to the delivery address that the Customer has indicated during the ordering process.
Deliveries are made by “Colissimo expert” tracked by La Poste, with delivery against signature. If the Customer is not at home at the time of the postman’s arrival, the parcel will be put in deposit at the post office on which the address indicated by the customer depends. The package will remain on deposit at the post office for 14 days. After this time the parcel will be returned to SAS EMBARGO. The Customer will be informed by SAS EMBARGO of the return of the parcel and will have the option to repay the delivery or to remove by his care the goods at a point of removal which will be indicated to him by SAS EMBARGO.
Items listed as "in stock" are usually shipped within 24 hours of receipt of payment. Deliveries may in certain cases have longer delivery times than those advertised.
Should SAS EMBARGO not be able to ship the goods within 48 hours of the order, SAS EMBARGO undertakes to notify the customer, who will be given the opportunity to be reimbursed if the time necessary is too great.
SAS EMBARGO cannot be held liable or held responsible for the consequences of any event beyond its control, in particular cases of force majeure or due to the carrier, which would delay or prevent the delivery of the products ordered. Delays in delivery or non-performance of the contract may in no case result in the payment of damages to the Customer.
The Customer undertakes to transmit, at the time of the order, all the information necessary for the delivery in order to guarantee its completion. At the time of delivery, the Customer or recipient of the product must be able, if requested, to present a piece of identification.
The fact that the Customer receives the parcel delivered by the employee of the post office implies acceptance of the products (in conformity with the order) by the Customer. By accepting delivery without issuing specific reservations, and accepting the products, the Customer acknowledges having received the goods in satisfactory condition.
In the event of damage (damaged products): The customer must refuse to accept the damaged product(s) from the carrier, who will return them to SAS EMBARGO and write legibly on the delivery note and on the package: "parcel refused because damaged".
The Customer must then notify SAS EMBARGO by e-mail to indicate his refusal, indicating the reasons for the refusal with the reference of the order. If the damage is proven, SAS EMBARGO will exchange the product(s) as soon as possible.
Reservations must be notified to the carrier and to SAS EMBARGO by registered letter with acknowledgment of receipt within three days of receipt of the product. After this period of 3 days after receipt of the products, the Customer will not be able to return to the goods for the poor quality of the products.
In case of a missing product, the Customer must check on the delivery note if more parcels are registered than he has received. If this is the case, it means that the carrier will deliver them to the Customer in several installments. If the number of packages on the delivery note corresponds to the number of packages that the Customer has received but one or more products are still missing, it is the Customer's responsibility to report it to SAS EMBARGO as soon as possible by e-mail or by phone.
In the event of delayed shipment, an e-mail is sent to the Customer if the information is known to SAS EMBARGO.
Article 10. Right of withdrawal, product return, cancellation and after sales service
Pursuant to Article L 121-16 of the Consumer Code, the consumer has a period of seven clear days from the date of receipt of the parcel to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception of the shipping costs as well as the costs of return.
When the right of withdrawal is exercised by the Customer, SAS EMBARGO agrees to reimburse the Customer at the latest within thirty days ofreceipt of the product(s) returned. The refund can be done by re-crediting the card of the Customer or by PayPal. The costs of return and administrative procedures are the responsibility of the Customer.
In the event of abnormal or abusive returns, SAS EMBARGO reserves the right to refuse to serve a subsequent order from the Customer.
In the event of an exchange, SAS EMBARGO will not re-invoice the costs of returning the exchanged product. The exchange of an order will take place only once.
The return of the product(s) is carried out in their original packaging, intact, accompanied by any accessories and documentation, in perfect condition of resale, with indication of the order number to which the products relate.
The product must be returned in a packaging intended for this purpose, not allowing the identification of the product (postal parcel). The returned products travel at the Customer's expense and risk.
Any product damaged, used, dirty, incomplete, absent or whose original packaging has deteriorated will not be eligible for a refund or exchange and will be returned to the Customer. Items returned incomplete cannot be returned.
Products can be returned to the indicated return address:
SAS EMBARGO, 42 rue Sainte Anne, 75002 Paris, France.
The means of such return shall be at the initiative and expense of the Customer.
Under no circumstances can SAS EMBARGO be obliged to manage the return of the products.
After receipt of the goods and verification of the good condition of the goods, SAS EMBARGO will proceed to refund the sums collected.
Article 11. Customer Service
Customer Service is at the disposal of EMBARGO customers for any information:
- By email: firstname.lastname@example.org
- By mail: SAS EMBARGO, 42 rue Sainte Anne, 75002 Paris, France.
Article 12. Liability
The products offered comply with the French legislation in force.
All the products on sale on the site www.embargo.design are handcrafted: this craft work can lead to slight differences from one item to another, and exceptionally traces of tools or tradesmen’s marks.
The pictures present on the site of EMBARGO are communicated by way of illustration. The photographs of the products and services presented on the site are as faithful as possible but cannot ensure a perfect similarity with the products offered, especially with regard to the colors. The Customer is invited to refer to the product sheet (description) of each product to know the precise characteristics; in case of doubt or if he wishes additional information, it is his responsibility to contact SAS EMBARGO.
The photographs illustrating the products on the site do not enter the contractual field. If errors or alterations resulting from the processing of these photographs have occurred, the responsibility of SAS EMBARGO can under no circumstances be incurred as a result.
Article 13. Reservation of title
The products delivered remain the property of SAS EMBARGO until the complete payment of the price and the delivery costs.
Article 14. Securing of Customer's Banking Data
The banking data does not pass through the computer system of SAS EMBARGO. SAS EMBARGO cannot therefore identify the bank data of its customers and a fortiori keep them or exploit them.
Article 15. Personal data
The user of the site www.embargo.design is informed that this automated processing of information has been the subject of a declaration to the CNIL.
According to the law of January 6, 1978, the user has a right of access, rectification and opposition. The user can exercise this right directly by sending us an e-mail to SAS EMBARGO.
Article 16. Intellectual Property and Site Use
All the elements (in particular: texts, illustrations, logos, photographs) of the site www.embargo.design are the exclusive property of SAS EMBARGO or the owners of the rights that have authorized SAS EMBARGO to use them and rights are reserved as intellectual property. As such, and in accordance with the provisions of the Intellectual Property Code, only private use subject to different or even more restrictive provisions of the intellectual property code is permitted. Any total or partial reproduction of the site www.embargo.design is strictly prohibited.
Article 17. Applicable law - disputes
This contract is subject to French law, both for the substantive rules and for the rules of form. In the event that any provision of this contract is null and void by a change in legislation or regulations, this does not in any way affect the validity and enforceability of these terms of sale. The contract language is French.
This site complies with French legislation and in no event does EMBARGO SAS give a guarantee of compliance with local laws that would be applicable to the Customer if the Customer accesses the site from another country than France.
In case of dispute with a customer relating to the interpretation, performance or validity of these terms and conditions, the competent court is the Commercial Court of Paris.
FOR ANY DISPUTE OR IN THE ABSENCE OF A MUTUAL AGREEMENT BETWEEN THE PARTIES, EXPRESS JURISDICTION IS ATTRIBUTED TO THE COURT OF THE JURIDICTION OF THE HEAD OFFICE OF EMBARGO, NAMELY THE COMMERCIAL COURT OF PARIS, NOTWITHSTANDING WARRANTY APPEAL OR WITH MULTIPLE DEFENDANTS, EVEN FOR EMERGENCY OR CONSERVATORY PROCEDURES BY REFERENCE OR BY COMPLAINT.