General Terms and Conditions of Sale
Definitions
Site: This e-commerce site, accessible at www.empires-interiors.fr, is dedicated to online sales of decorative items and furniture to individuals.
User: Any internet user, a legal adult or legal entity, connected to the Site and having created an account on the Site www.empires-interiors.fr.
Personal Data or Data: Refers to the information voluntarily provided by the User when opening an Account on the Site and/or the data collected as part of accessing and/or using the Site.
Order Confirmation: The firm and definitive confirmation of the order details by the Client, which implies acceptance of the General Terms and Conditions of Sale.
Purpose
These General Terms and Conditions of Sale (GTCS) govern the contractual relationship between EMPIRES and the Client and apply to all orders placed through the Site.
Enforceability of the General Terms and Conditions of Sale
The Client declares having read and understood these General Terms and Conditions of Sale. The sale of items offered by EMPIRES is subject to these General Terms and Conditions. Placing an order on the Site implies full and unconditional acceptance of these General Terms and Conditions of Sale. In this regard, the Client has the option to download, save, and reproduce the General Terms and Conditions. The sales contract for an item purchased on the Site consists of the General Terms and Conditions of Sale in effect at the time of the order and the order form. The Client acknowledges being fully informed that their agreement to the content of these General Terms and Conditions of Sale does not require a handwritten signature of this document but results from the mere placement of an order. Acceptance of these General Terms and Conditions is done by a positive double click following the reading of these General Terms and Conditions of Sale and constitutes proof that the Client has read the said provisions and will be considered as irrevocable acceptance thereof. These General Terms and Conditions of Sale will prevail over any other general or specific conditions not expressly agreed upon by EMPIRES. The fact that EMPIRES does not invoke at a given time any of the provisions of these General Terms and Conditions of Sale cannot be interpreted as a waiver of the right to invoke these provisions later. EMPIRES reserves the right to modify its General Terms and Conditions of Sale at any time. In this case, the modifications will apply to sales contracted from the moment the modified General Terms and Conditions of Sale are posted on the Site.
Capacity
Purchasing products marketed by EMPIRES is not one of the acts of managing daily life within the meaning of Article 1146 of the Civil Code. Consequently, the Client declares having the capacity to contract under the conditions described below, i.e., to be an emancipated minor or have legal majority and not be protected within the meaning of Article 488 of the Civil Code.
Items Offered for Online Sale
The items offered for online sale are those presented on the Site. The items are described using descriptive sheets and photos by EMPIRES on the Site with the greatest possible accuracy. However, EMPIRES informs the Client that, despite all the care taken, the photographs cannot ensure a perfect resemblance to the item offered for sale, particularly concerning colors. Differences may result from the color quality of the photographs, the difficulty in rendering the materials on the screen, or, without being exhaustive, technical adaptation. These differences cannot be interpreted as defects of conformity, nor can they lead to the cancellation of the sale and engage EMPIRES' liability. Any order implies express and irrevocable acceptance of the description of the items. The Client must ensure before placing any order that the ordered item can be delivered without difficulty to their home, particularly due to its weight and volume. The Client must ensure that the item can pass through doors and navigate any corridors. Delivery through the window is not provided. The impossibility of delivering the ordered item due to the access conditions of the Client's home will not engage EMPIRES' liability.
Item Unavailability
The offers of items and prices listed on the Site are valid as long as they appear on the Site, within the limits of available stocks. In case of item unavailability, EMPIRES will inform the Client as soon as possible by email. The Client may confirm their order by accepting an extended delivery period or requesting a refund for the item based on the invoiced price. The unavailability of items will not engage EMPIRES' liability.
Prices
The prices of the items offered for sale on the Site are expressed in euros, including VAT, and are valid only on the Site. These prices do not include delivery and package preparation fees, which will be indicated before the final validation of each order. The prices of the products may be modified at any time by EMPIRES without prior notice to the Client. The products will be invoiced based on the rates in effect at the time of order registration. Any order implies express and irrevocable acceptance of the product prices. For international orders, the prices of the items are indicated in euros, including VAT, but excluding customs fees. The customs fees must be paid by the Client directly to the carrier.
Order
Before making a purchase on the Site, the Client must first register on the Site. To do so, they must have a personal account. All steps of the sale are clearly identified on the Site following the provisions of Article 1125 of the Civil Code. The contractualization process includes the following steps:
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Selection and validation of items, the Client can modify their order and correct it at this stage.
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Referencing the required fields in the identification and information forms.
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Consultation of the General Terms and Conditions of Sale.
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Acceptance of all the General Terms and Conditions of Sale.
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Placement of the order by clicking on the "order with payment obligation" tab. Following this process, the Client can check the details of their order and its total price and correct any errors before definitively validating their order. The order is only definitively recorded after the Client's payment agreement validation and the bank's acceptance of the transaction. The Client's order summary is available in a printable version. Once their order is recorded, the Client receives a confirmation email outlining the essential elements of their order, including the order number, the list of ordered items, and the price details. All data provided by the Client during the ordering process and the recorded order confirmation constitutes proof of the transaction. EMPIRES reserves the right to refuse any order from a Client with whom there is a dispute concerning the payment of a previous order as long as the dispute is not resolved.
Payment
The payment method on the Site is by credit card and exclusively the following cards: Classic Blue Card, VISA Card, MASTERCARD.
Payment Security
For maximum security, EMPIRES collaborates with the PayZen (Lyra Network) system, which secures all payment phases between the buyer and the bank. The steps are entirely encrypted and protected. The protocol used is SSL coupled with banking monetics. This means that order-related information and the credit card number do not circulate in clear text on the Internet. PayZen (Lyra Network) does not retain card numbers after transmitting the payment transaction to EMPIRES' bank.
Invoice
Each invoice is available on the site in the client account via "my orders."
Delivery
The delivery area includes Europe and international destinations. Items will be sent to the delivery address indicated by the Client during the order process. Delivery fees are calculated based on the weight/volume of the parcel and the destination country. Delivery of the order is handled by Colissimo, GLS, and DPD for Europe and by GLS, DHL, and DPD for international deliveries. The order will be delivered from Monday to Saturday between 08:00 AM and 06:00 PM directly to the indicated address in exchange for a signature. In case of absence or inability to deliver the parcel, the delivery person will leave a notice indicating the date and address of the post office where the parcel can be collected upon presentation of an ID. From the date mentioned on the notice, you have 15 days to collect your parcel. After this period, the parcel will be automatically returned to the sender. At any time, using the parcel number provided by email, you can track your parcel on the Colissimo website to know its location. Upon dispatch of the order, the Client will be informed by email. EMPIRES commits to a delivery time of fewer than 15 days after shipment. However, this period is indicative and could be extended up to a maximum of 30 days. Beyond 30 days, the Client may request the termination of the sales contract by registered letter with acknowledgment of receipt or grant an additional period to EMPIRES. In the event of termination of the sales contract, EMPIRES must refund the Client within a maximum of 14 days from receiving the termination request. Any delivery delay must be reported to EMPIRES within 21 business days after shipment to allow the carrier to conduct a reliable investigation. For international orders, the prices of the items are indicated in euros, including VAT, but excluding customs fees. Customs fees must be paid by the Client directly to the carrier. Standard delivery is free for purchases over €200 in mainland France, except for orders:
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Containing light fixtures (table lamps, pendants, wall lights, or others),
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With delivery fees exceeding €100,
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To Corsica, coastal islands, and hard-to-access mountain areas,
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Containing bulky items. Bulky items are considered to have the following characteristics:
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Developed perimeter*: equal to or greater than 3 m
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Total weight: equal to or greater than 30 kg
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Total length: equal to or greater than 2 m *The developed perimeter is: (width + height) x 2 + length. Additional fees apply for any order containing bulky items. Some bulky items cannot be shipped internationally or to certain coastal islands. Given the volume and dimensions of some items, it is the Client's responsibility to ensure, before delivery, that the access conditions to the delivery address are compatible (minimum door openings of 75 cm); otherwise, the Client will assume the cost of arranging additional measures by the carrier or repeating the delivery operation.
Right of Withdrawal
If the ordered items do not meet expectations, the Client has a legal period of fourteen (14) calendar days from the day of receiving the parcel to return it, according to Article L 121-20-12 of the Consumer Code, provided that if the fourteen (14) days period expires on a Saturday, Sunday, or a public holiday, it is extended to the next working day. Complete the return form included in your parcel and attach it to the items you wish to return. Return address: LOGISSEO 28-30 boulevard Gaston Birgé 49100 Angers, France The item must be returned in its original packaging and in perfect condition. Items that are dirty, damaged, scratched, stained, or washed will not be accepted by EMPIRES. In this case, the parcel will be returned to the Client, and the return shipping costs will be borne by the Client. The "Customs Declaration / CN23" document in the transparent pouch must be attached to the outside of your parcel with the mention "Sale of goods" crossed out and the box "Return of goods" checked. The original invoices that were outside your parcel must also be present. EMPIRES reserves the right not to accept an international return if it does not meet these conditions. From the exercise of the right of withdrawal, you have fourteen (14) days to return the purchased item. If the return is accepted by EMPIRES, you will be refunded within a maximum of fourteen days from the day EMPIRES receives the item and validates its conformity, in accordance with the provisions of Article L. 121-21-4 of the Consumer Code.
Exclusion
According to Article L.221-28 of the Consumer Code, the Client has no right of withdrawal for items made to order or personalized.
Transfer of Ownership / Transfer of Risks
The transfer of ownership of the items to the Client will be completed only after full payment of the price by the Client, regardless of the delivery date of said items. However, the transfer of the risks of loss and deterioration of the items will be completed upon receipt of the items by the Client, who must make any reservations and exercise any recourse with the postal services in case of damage or loss (e.g., damaged or already opened parcel).
Warranty
EMPIRES guarantees the conformity of its items in accordance with Articles L211-4 and following of the Consumer Code and will replace or refund any item with a hidden defect (Articles 1641 and following of the Civil Code). To be in conformity with your order, the item must correspond to the description given on the Site and possess the qualities presented or expected by the buyer given the public statements made by the seller, the producer, or their representative, especially in advertising or labeling. According to Article L211-11 of the Consumer Code, return shipping costs will be refunded, with receipts, after returning the item if the defect of conformity is confirmed. The Client is therefore invited to keep the return receipts. If the Client does not attach the receipt, they will be refunded at the base postal rate for parcel delivery. The provisions of this article do not prevent the Client from benefiting from the right of withdrawal mentioned above.
Liability
EMPIRES shall not be held liable for any inconvenience or damage inherent to the use of the Internet, including service disruption, external intrusion, or the presence of computer viruses. EMPIRES disclaims any responsibility for the content of sites to which hyperlinks may refer from its own Site. Furthermore, EMPIRES is exempt from any liability for any breach of its contractual obligations in case of force majeure or fortuitous events. Force majeure includes any event occurring independently of EMPIRES and the Client, which prevents the partial or total execution of contractual obligations. Events considered as force majeure or fortuitous include, but are not limited to, total or partial strikes, internal or external to EMPIRES, lockouts, epidemics, earthquakes, fires, storms, floods, water damage, transportation or supply blockages, government or legal restrictions, and electronic communication blockages. In the event of force majeure or fortuitous events, EMPIRES undertakes to inform the Client within seven (7) days of their occurrence. If the impediment continues for more than fifteen (15) days, the Client may request the cancellation of their order.
EcoParticipation
EMPIRES collects eco-participation fees for its textiles and recycling of its lighting under the unique number (pending attribution).
Intellectual Property
All elements of the Site are and remain the intellectual and exclusive property of EMPIRES. The Client is not authorized to reproduce, exploit, distribute, or use any elements of the Site, whether software, visual, or audio, even partially. The texts, images, designs, layout, and graphic charter of this Site are protected by intellectual property law. It is prohibited to copy, extract, distribute, modify, or adapt the content of the Site. Downloading and printing texts, images, and graphic elements are authorized solely for private and non-commercial use. The reproduction of designs, images, sound documents, video sequences, and texts in other electronic or printed publications requires the prior written consent of EMPIRES. Failure to obtain authorization constitutes the offense of counterfeiting. The trademarks and logos on the Site are registered and protected trademarks. Any total or partial reproduction of these trademarks and/or logos from the elements of the Site without the express authorization of EMPIRES constitutes the offense of counterfeiting sanctioned by Articles L.335-2 and following of the Intellectual Property Code. The databases established by EMPIRES are protected by copyright and by the law of July 1, 1998, transposing the European Directive of March 11, 1996, on the legal protection of databases into the Intellectual Property Code. Any extraction is limited and may only be done for private purposes. Any simple or hypertext link is strictly prohibited.
Protection of Personal Data and Registration
Simple consultation of the Site does not require registration or identification with EMPIRES. However, any order requires prior registration and the creation of a personal account, subject to the Client's unconditional acceptance of the Privacy Policy and Cookies. The user commits, during the registration process, to providing complete and accurate data. The creation of the personal account will result in the recording and computerized processing of personal data, including IP addresses, which will be communicated to EMPIRES. This recording and computerized processing are intended to enable the processing and delivery of the Client's order. The data is exclusively intended for EMPIRES but may also be communicated to its partners when the Client has expressly accepted their disclosure by checking the corresponding box during the order process. Under no circumstances will this data be commercially transferred to third parties. The information collected by EMPIRES during a Client's order is necessary for managing the transaction and, for this purpose, may be communicated in whole or in part to EMPIRES' service providers involved in the execution of the order. Following the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, applicable from May 25, 2018, the Client has the right at any time to access, rectify, modify, limit, delete, and finally the right to portability of personal data concerning them by contacting EMPIRES, responsible for this processing: By mail: EMPIRES, 13 Rue Saint-Martin, 49100 Angers By email: contact@empires-interiors.fr If the Client opposes the processing of data, no order can be placed. The privacy policy, actively and unconditionally accepted during the creation of the personal account, governs the data provided by the Client. EMPIRES invites the Client to review it again.
Disputes
These General Terms and Conditions of Sale online are subject to French law. Any disputes that cannot be resolved amicably are subject to the exclusive jurisdiction of the courts of Angers, notwithstanding multiple defendants or third-party claims, unless otherwise provided by mandatory public policy provisions.