General Terms and Conditions of Sale
ARTICLE 1 – SCOPE OF APPLICATION
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by Delivesofa, a simplified joint-stock company with a capital of €255,066.00, registered with the CRETEIL Trade and Companies Register under number 814 445 375, whose registered office is located at 5-7 Avenue de Paris, 94300 VINCENNES, (hereinafter “Delivesofa”) to non-professional buyers and Internet users purchasing a product or service on the website (hereinafter “Customers” or “Customers”), wishing to acquire the products offered for sale by Delivesofa through immediate purchase or by placing an order on the website https://www.delivesofa.com and all of its pages (hereinafter “the Website”).
These General Terms and Conditions of Sale, written in French, may be modified at any time by Delivesofa.
Legal information concerning the host and Delivesofa, including contact details, is provided in the legal notices of this Website. The website https://www.bobochicparis.com is published by Delivesofa. Information concerning the collection and processing of personal data is provided in the Delivesofa data protection policy.
The purchase of products marketed by Delivesofa does not constitute an act of daily living, within the meaning of Article 1145 of the Civil Code. Consequently, the Customer declares that they have the capacity to enter into a contract under the conditions described below, i.e., they are an emancipated minor or of legal age and are not protected within the meaning of Article 425 of the Civil Code.
These General Terms and Conditions of Sale specify, in particular, the conditions for immediate purchase, order placement, payment, and delivery of products ordered by Customers.
These General Terms and Conditions of Sale are systematically communicated to all Customers prior to immediate purchase or order placement and shall prevail, where applicable, over any other version or any other contradictory document. The Customer declares that they have read and accepted these General Terms and Conditions of Sale before making an immediate purchase or placing an order. As these General Terms and Conditions of Sale may be subject to subsequent amendments, the version applicable to the Customer’s purchase is the one in effect on the date of immediate purchase or order placement.
The Customer’s confirmation of the order constitutes acceptance of these General Terms and Conditions of Sale without restriction or reservation.
The acquisition of a good or service, or the creation of a member account, or more generally, browsing the Site, implies acceptance by the user visiting and using the Site (hereinafter the “User”) of these General Terms and Conditions of Sale in their entirety, who thereby acknowledges having fully read them. This acceptance may consist, for example, for the User or Customer, of checking the box corresponding to the sentence accepting these general terms and conditions, for example, stating “I acknowledge having read and accepted all the general terms and conditions.”
ARTICLE 2 – PRODUCTS
The products governed by these General Terms and Conditions of Sale are all the products and services that can be purchased or subscribed to on the Site (hereinafter the “Products”).
The products and services offered are those listed on the Site.
They are offered while supplies last. The Products are described using descriptive sheets and photos by Delivesofa on the Site with the greatest possible accuracy. Delivesofa nevertheless informs the Customer that, despite all the attention Delivesofa has shown, the photographs cannot ensure a perfect similarity with the product offered for sale. Differences may result from the color quality of the photographs, the difficulty of making the rendering of the materials appear on the screen or even technical adaptation. The Customer is required to refer to the description of each Product in order to know its essential properties and particularities. The Customer is informed that he must read all information attached to the Product, on the Product or its packaging, relating to the precautions for use and conditions of use before any use. Delivesofa cannot be held responsible for any possible damage occurring following use not in accordance with the advice and/or recommendations presented on the Product, on its packaging and/or in its instructions. The Customer Service of this Site is accessible via the contact form on the Site, by telephone, by email and by post at the contact details indicated in the legal notices
of the Website.
ARTICLE 3 – PRICES
The prices of the Products indicated on the Website are expressed in Euros and are inclusive of all taxes (TTC). They include VAT and any discounts applicable on the date of the order.
Delivesofa reserves the right to pass on any change in the VAT rate to the price of the Products or services. Delivesofa also reserves the right to modify its prices at any time and without notice. However, the price appearing on the Website on the date of the order will be the only price applicable to the Customer.
ARTICLE 4 – MEMBER AREA
The User registered on the Website (hereinafter “Member”) can access it by logging in using their login details (email address defined during registration and password) or possibly by using systems such as third-party social media login buttons. The User is solely responsible for protecting the password they have chosen. Members are encouraged to use complex passwords. If they forget their password, they can generate a new one. This password guarantees the confidentiality of the information contained in their “My Account” section, and they are therefore prohibited from transmitting or sharing it with any third party. Failing this, Delivesofa cannot be held responsible for unauthorized access to a User’s account. To this end, Members will be asked to provide certain personal information. Members agree to provide accurate information.
The purpose of data collection is to create a “member account.” This account allows the Customer Member to view all of their orders placed on the Site. Should the data contained in the member account section disappear due to a technical failure or force majeure, the Site and its publisher cannot be held liable. The pages relating to member accounts are freely printable by the account holder in question but do not constitute proof; they are for informational purposes only, intended to ensure the efficient management of the Member’s orders or contributions.
Delivesofa reserves the exclusive right to delete the account of any Member who has violated these General Terms and Conditions of Sale (including, but not limited to, when the Member knowingly provides incorrect information during registration and the creation of their personal space) or any account that has been inactive for at least one year. Such deletion will not constitute damages for the excluded Member, who will not be entitled to any compensation as a result. This exclusion does not preclude Delivesofa from taking legal action against the Member, if necessary.
Each User is free to close their account on the Site. To do this, the Member must send a request for account deletion to Customer Services via the contact form, indicating that they wish to delete their account, or by email to: info@delivesofa.com
ARTICLE 5 – SPONSORSHIP
Sponsor: Any Member or Customer to whom the sponsorship offer has been presented, providing the contact details of a third-party natural person who may be interested in the Products and services listed on the Site.
Sponsored Person: Any non-account holder, and who has never held an account on the Site, whose contact details have been provided to Delivesofa by the Sponsor.
Each Customer may refer Referred Persons of their choice, up to a maximum of 5 referrals.
Sponsorship Mechanisms on the Site:
Any Member or Customer registered on the Site may enter the contact details of a third-party natural person, including their email address. · As soon as this third-party natural person accepts the invitation and registers on the Site, they become the Referred Person of the Member or Customer who invited them, and who, in turn, becomes the Referrer.
· The Referrer will be credited with a €20 voucher once their Referred Person has made their first purchase and it has been delivered and accepted at their home address, i.e., 15 days after the order was delivered. It is therefore understood that a Referred Person can only earn a maximum of €20 for their Referrer. The €20 voucher is valid for 1 year and for any order with a minimum value of €200.
· The Referred Person will be credited with a €10 voucher once they have accepted their Referrer’s invitation. It is understood that they can use their voucher as soon as they accept the invitation. The €10 voucher is valid for 1 month and for any order with a minimum value of €200.
· The referral program is a cumulative system where each Member or Customer can refer multiple people at the same time, up to a maximum of 5 referrals. Therefore,
t, the €20 vouchers are also cumulative.
· The vouchers can be used throughout the Site.
Prohibition of any misuse of the referral system: All referrals are strictly limited to non-commercial use. The referral mechanism may not be used by a person in their professional capacity for commercial purposes, whether on social media accounts or websites. Any individual is prohibited from promoting a referral or a single link through search engines or third-party platforms.
Delivesofa reserves the right to limit mass and systematic referrals intended for purely commercial or financial purposes due to the benefits provided to the Customer by the referral mechanism. Delivesofa also reserves the right to refuse any referral that does not comply with the spirit of this article and to cancel the benefits and other discounts resulting therefrom. Delivesofa reserves the right to take any other necessary action in the event of a violation of these General Terms and Conditions.
ARTICLE 6 – GEOGRAPHICAL LIMITATION
Use of the Site’s services is limited to mainland France, Luxembourg, and, for a selection of Products, Corsica and Belgium. However, the Site’s services cannot be used outside the territories mentioned, including the French Overseas Territories (DOM-TOM).
ARTICLE 7 – ORDERS
The “Basket” is defined below as the intangible object grouping together all the goods or services selected by the Site User for purchase by clicking on these items. Once the Customer considers that they have selected and added all the items they wish to purchase to their Basket, they will have the option to access their Basket by clicking on the button provided for this purpose to confirm their order. The Customer will then be redirected to a summary page where they will be informed of the number and characteristics of the Products ordered, as well as their unit price and final price.
Before any purchase or order, the Customer must check the package dimensions indicated on each Product sheet to ensure accessibility at the time of delivery.
If they wish to confirm their order, they must check the box to confirm their acceptance of these General Terms and Conditions of Sale and click the confirmation button. The Customer will then be redirected to a page where they must complete the order form fields and provide certain personal information (such as their first and last name, address, etc.), necessary for the order to be processed. Once the Customer has completed the form, they will be prompted to make their payment using the payment methods listed in the payment section of these General Terms and Conditions of Sale.
The Customer will receive an order confirmation email, reminding them of the order’s contents and price. The sale will only be considered final after Delivesofa has sent the Customer confirmation of acceptance of the order, and after Delivesofa has received payment in full. It is the Customer’s responsibility to verify the accuracy of the order and to immediately report any errors. Product availability is indicated on the Website, in the description of each item.
Delivesofa does not sell Products to professionals, but only to non-professional Customers for their personal needs.
Delivesofa reserves the right to cancel or refuse any order from a
Customer with whom it has a dispute regarding the payment of a previous order. The Products and items sold remain the property of Delivesofa until full payment of their price, in accordance with this retention of title clause.
ARTICLE 8 – PAYMENT
Payment is made exclusively in euros, in full upon ordering, by credit card, bank transfer, ALMA financing, YOUNITED, PayPal, Stripe, Apple Pay, or Google Pay.
The Customer is invited to consult the following page for more information regarding payment solutions: www.delivesofa.com
Article 8.1. Payment by credit card
The Customer may place an order on this Website and may pay by credit card. Payments by credit card are made using secure transactions provided by the online payment platform provider Payplug and, for Belgium, by the online payment platform provider BANCONTACT. Payment is made directly to the bank.
The following credit cards are accepted: Carte Bleue, Visa, Maestro, and Mastercard.
As part of its action in favor of
To combat online fraud, Delivesofa may be required to verify Customers’ bank details and/or identity before any delivery. By placing an order on the Website, the Customer agrees to provide Delivesofa with any proof of identity that may be requested. If the requested information is not provided within the specified timeframe, Delivesofa reserves the right to cancel the order under verification.
Article 8.2 Payment by Bank Transfer (Fintecture)
All payments by bank transfer must be made in full upon ordering. Delivesofa ‘ bank details will be communicated to the Customer on the order confirmation page and by email.
If the bank transfer is not received within three (3) business days of the Customer’s order confirmation, Delivesofa may cancel the order.
Article 8.3 Payment with the Alma Solution
For payment with the Alma payment solution, a financing application must be completed with Alma, along with the Client’s identity documents and resources. If the Client meets the credit requirements, Alma will send the Client a contract for signature. Prior to signing the credit agreement, the Client must read and accept Alma’s Terms and Conditions and Privacy Policy. Delivesofa accepts in advance the credit agreement between Alma and the Client in accordance with Article L312-46 of the French Consumer Code. If Alma agrees to grant credit to the Client, the amount will be paid by credit in accordance with Article L312-45 of the French Consumer Code. Any refusal by Alma to grant credit for an order may result in its cancellation. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure. Alma manages electronic payment systems and issues an electronic certificate that serves as proof of the amount and date of the transaction in accordance with the provisions of Articles 1364 et seq. of the French Civil Code. Any termination of the General Terms and Conditions between Delivesofa and the Customer shall result in the termination of the credit agreement between Alma and the Customer. In the event of withdrawal, the Customer’s fees and interest will be refunded in accordance with the regulations.
8.3.1 Alma Payment in 3 or 4 Interest-Free Installments
Payment in 3 interest-free installments is available online for all orders from two hundred (200) euros up to four thousand five hundred euros (€4,500). For a payment in 3 installments, the Customer will be debited twice according to the following schedule:
· 1st installment on the day the Customer places the order: one-third (1/3) of the shopping cart amount
· 2nd installment: thirty (30) days after the Customer places the order for one-third (1/3) of the shopping cart amount.
· 3rd installment: thirty (60) days after the Customer places the order for one-third (1/3) of the shopping cart amount.
Payment in 4 installments, free of charge, is available online for orders between two hundred Euros (€200) and four thousand five hundred (€4,500). For a payment in 4 installments, the Customer will be debited four times according to the following schedule:
· 1st installment on the day the Customer places the order: one-third (1/4) of the shopping cart amount.
· 2nd installment: thirty (30) days after the Customer places the order for one-third (1/4) of the shopping cart amount. 3rd installment: Sixty (60) days after the Customer places an order for one-third (1/4) of the shopping cart amount.
4th installment: Ninety (90) days after the Customer places an order for one-third (1/4) of the shopping cart amount.
Upon payment, the Customer is redirected to the ALMA server to finalize their payment in 3 or 4 installments and obtain the details of their monthly payments. The Customer will then be invited to review and accept Alma’s Terms and Conditions and Privacy Policy before making the payment. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure. Alma manages electronic payment systems and issues an electronic certificate that serves as proof of the amount and date of the transaction in accordance with the provisions of Articles 1364 et seq. of the French Civil Code.
8.3.2 Alma Payment in 10 Installments with Fees
Payment in 10 installments with fees (specified at the time of ordering) is available online for orders between one thousand Euros (€1,000) and four thousand five hundred Euros (€4,500).
For a 10-installment payment, the Customer will be debited ten installments according to the following schedule:
· 1st installment on the day the Customer places the order: 1/10 of the shopping cart amount.
· 2nd installment: 30 days after the Customer places the order for 1/10 of the shopping cart amount. · 3rd payment date: 60 days after the Customer orders 1/10 of the basket
· 4th payment date: 90 days after the Customer orders 1/10 of the basket
· 5th payment date: 120 days after the Customer orders 1/10 of the basket
· 6th payment date: 150 days after the Customer orders
Customer of 1/10 of the basket
· 7th payment: 180 days after the Customer’s order of 1/10 of the basket
· 8th payment: 210 days after the Customer’s order of 1/10 of the basket
· 9th payment: 240 days after the Customer’s order of 1/10 of the basket
· 10th payment: 270 days after the Customer’s order of 1/10 of the basket.
At the time of payment, the Customer is redirected to the ALMA server to finalize their payment in 10 installments with fees and obtain the details of their monthly payments. The Customer will then be invited to read and accept Alma’s Terms and Conditions and Privacy Policy before making the payment. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure. Alma manages electronic payment systems and issues an electronic certificate that serves as proof of the amount and date of the transaction in accordance with the provisions of Articles 1364 et seq. of the French Civil Code.
Not eligible in Belgium.
Article 8.4 Payment by PayPal
When confirming their order, the Customer must enter the email address associated with their PayPal account and their PayPal password. If the Customer does not already have a PayPal account, they will be directed to a PayPal account creation page upon payment.
Article 8.5 Payment by Stripe
Transactions made on the Website are secured by the Stripe payment system. We inform you that all information exchanged to process the payment is encrypted using the SSL protocol. This data cannot be detected, intercepted, or used by third parties. It is also not stored on our computer systems. For any further information or for any payment incident, please contact STRIPE. For more information about Stripe, visit https://stripe.com/fr
Article 8.6 Payment by Younited Pay
Delivesofa offers its customers Younited’s credit service for the settlement of their purchases and payment execution. This is subject to the customer’s acceptance of the credit agreement proposed by Younited. Delivesofa (Orias No. 24004716) acts as Younited’s non-exclusive banking agent and insurance intermediary agent. Delivesofaassists in carrying out credit and insurance transactions without acting as a lender or insurance broker. Any refusal to grant credit by Younited for an order may result in the cancellation of the order. Any termination of the General Terms and Conditions which bind the customer and Delivesofa results in the termination of the credit agreement between Younited and the customer. The amount is paid by a credit granted by Younited registered on the REGAFI under number 13156, approved as a credit institution by the Prudential Control and Resolution Authority (ACPR) – 4 Place de Budapest – CS 92459 – 75436 PARIS CEDEX 09 – www.acpr.banque-france.fr. If you wish to file a complaint, please refer to the information provided on the Younited website: https://www.younited-credit.com/media/202352/politique-de-gestion-des-reclamations_site-yc_2023-vf.pdf About Younited: Younited is a credit institution, a partner of NEGOMARKETS, which manages the installment payment solution offered on the website. Learn more [ Learn more ] FAQ: Visit the “Frequently Asked Questions” page to learn more about using Younited Pay. Learn more [ Learn more ]
Article 8.7 Payment by Apple Pay
If you are making your purchase from an Apple device, you can pay with Apple Pay. Simply select this payment method and confirm the purchase by double-clicking the side button on your device. Then confirm the transaction using Face ID, Touch ID, or your password, depending on the version of your Apple device.
Article 8.8 Payment by Gift Card
The Bobochic gift card is valid only for the purchase of products on the Website and is valid for a period of one (1) year from the date of purchase. It cannot be exchanged or refunded for any reason whatsoever, subject to the right of withdrawal. The gift card can be used as a payment method, in one or more installments, during its validity period, to pay for the order placed by the recipient on the Website.
The gift card can be used up to its maximum credit limit. If the balance on the gift card is not sufficient to cover the amount of the order on the Website, the recipient may top up the remaining amount using another payment method in accordance with these General Terms and Conditions of Sale.
ARTICLE 9 – DELIVERY OR PROVISION
Delivery costs will be indicated to the Customer before any payment and only apply to deliveries made.
in mainland France, Belgium, Corsica, and Luxembourg (excluding overseas territories).
In accordance with Article L 216-1 of the French Consumer Code, the delivery time will be indicated to the Customer on the Website before placing an order and before being bound by a contract for payment, during the ordering process, or in the description of the products ordered.
In the event of Product unavailability, Delivesofa undertakes to inform the Customer as soon as possible. Delivesofa may offer, at the Customer’s discretion, an alternative to the unavailable product or a refund. If the Customer chooses a refund, the Customer will be reimbursed no later than fourteen days following the date on which the contract was terminated, in accordance with Article L 216-7 of the French Consumer Code.
In the event of a foreseeable extension of the shipping time, Delivesofa undertakes to inform the Customer as soon as possible and by any means so that the Customer may then choose to maintain or cancel all or part of their order.
Delivesofa shall not be held liable for any delay or non-performance when related to a case of force majeure, as defined by law or, more generally, by established case law.
In the event of failure to meet the specified deadline, the Customer may cancel their order by contacting Delivesofa Customer Service. Cancellation will only be considered by Delivesofa if shipping or delivery has not occurred between the sending and receipt of the letter. The Customer will be reimbursed no later than 14 days following receipt of the registered letter by Delivesofa . Before any purchase or order, the Customer must check the package dimensions indicated on each Product sheet to ensure that the packages are accessible at the time of delivery. It is the Customer’s sole responsibility to ensure that the package dimensions allow for proper delivery. The Customer may not cite the package dimensions as a reason to refuse delivery.
The Customer may refuse a package upon delivery if they notice an anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken Products, etc.); any anomaly must be indicated by the Customer on the delivery note, in the form of express handwritten reservations, and accompanied by the Customer’s signature. To exercise their right to refuse a package, the Customer must open the damaged or defective package(s) in the presence of the carrier and have the damaged goods collected by the carrier. Failure to comply with these requirements will prevent the Customer from exercising their right to refuse the package, and Delivesofa will not be required to comply with the Customer’s request to exercise their right to refuse the package.
In the event of non-delivery of an order or part of an order, the Customer may contact Delivesofa Customer Service to cancel the order using the contact form on the Website.
ARTICLE 10 – PARTNERSHIP WITH ESTALY – INSURANCE
As part of our core business of marketing and distributing furniture, we have established a partnership with ESTALY, a company specializing in the sale of insurance covering stain, burn, tear, and error warranties.
10.1. Type of Insurance Offered: In collaboration with ESTALY, we offer our clients specific insurance policies covering the following damages:
• Stains
• Burns
• Tears
• Error
10.2. Subscription Conditions: The subscription conditions for these insurance policies are detailed in the contractual documents provided by ESTALY. We encourage our clients to read these documents carefully before purchasing insurance.
10.3. Liability: We act as an intermediary for the subscription of these insurance policies. Responsibility for managing insurance policies and any potential claims lies exclusively with ESTALY. For any questions or complaints regarding insurance, clients should contact ESTALY directly.
10.4. Information and Contact: For more information on the insurance policies offered, clients can consult the specific terms and conditions of the insurance policies or contact ESTALY directly at the following address: contact@estaly.co
10.5. Legal Notice: The insurance is administered by Estaly, an insurance brokerage firm with a capital of €1,500, registered with the Paris Trade and Companies Register under number 909 874 109 and registered with the ORIAS under number 22 002 508 (www.orias.fr), whose registered office is located at 24 rue Malar – 75007 Paris (financial guarantee and professional civil liability in accordance with Articles L512-6 and L512-7 of the French Insurance Code).
ARTICLE 11 – PARTNERSHIP WITH DEALT – SET-UP SERVICE
Set-up services. Negomarkets offers the Client services
Home services (hereinafter the “Service”). The Service is provided by selected and qualified independent professional installers (hereinafter “Experts”).
The offer is available in Metropolitan France for eligible products and in postal codes validated via the form on the product sheets of the Delivesofa website. The Service is exclusively reserved for Orders placed in-store or by telephone (after requesting it from our pre-sales service). Orders placed by other means, such as online or by mail, will not be eligible for this Service.
Description and ordering procedure for the Services
The Services offered are the assembly, installation, or configuration at home of products ordered online on our website. The order for the Service must be placed at the same time as the order for the product for which the Service is requested. Once the order is placed, the request for the Service is sent to a competent Expert available in the closest geographical area, upon shipment or collection of the product. The Customer then receives an email and a text message with a tracking link. This tracking link allows them to track their request, obtain the Expert’s phone number, and contact the technical support team if necessary. An expert is found within 72 hours. The Customer is contacted by the Expert to arrange an appointment date. Once the Service is completed, the Customer must provide the Expert with the coupon code for validation and rate the quality of the service. The Service will be performed on the date agreed upon between the Expert and the Customer. This date may be changed by mutual agreement between the Expert and the Customer by telephone, with 48 hours’ notice if possible.
The Customer must meet the following eligibility requirements:
Provide the installer with all the information necessary for the proper performance of the Service.
Allow access to the home on the agreed dates and times for the installation of the product(s).
Ensure that the required performance conditions are met. These prerequisites are listed when ordering the Service.
Inform the installer of any specific installation issues (difficult accessibility, specific risks, etc.).
Pay for the service according to the agreed terms. The Customer must ensure that the product has been delivered and is compliant before the Expert’s arrival. If necessary, the Customer is asked to contact the Expert again to reschedule the appointment.
Negomarkets reserves the right to charge the Customer a call-out fee of €35 excluding VAT in the event that:
The Expert visits the Customer’s home and the Customer does not respond after 30 minutes.
The Expert visits the Customer’s home and parts and/or products are missing or defective before performing the Service.
The Expert visits the Customer’s home and finds that the Service to be performed is “drastically” different from the one ordered by the Customer.
The Customer also agrees to:
Comply with applicable laws and regulations and not infringe the rights of third parties or public order in their use of the Service.
Use the Service for strictly personal purposes.
Price of Services
The price of the Service is indicated in euros, inclusive of all taxes (TTC) at the time of ordering. The Customer agrees to pay the price of the Service on the website or in the showroom at the same time as purchasing their Product. The Customer expressly acknowledges that any order placed on the Website is an order with payment obligation.
Invoicing for Services
Two invoices are issued when ordering a product and an associated service: one for the product ordered and one for the service ordered. The Customer can access the invoice for an order of a product and an associated service in their Customer Area on the website.
Technical Support for Services
The Customer can contact technical support via the tracking link sent by email and SMS. The “Contact Us” link allows the Customer to:
– Communicate with technical support via chat from Monday to Friday, 9:30 a.m. to 6:30 p.m., excluding public holidays;
– Find answers to their questions themselves via the Frequently Asked Questions section. If the Customer has not yet received an email or SMS regarding the Service ordered, they may contact Negomarkets Customer Service via their Customer Area on the website.
Service Cancellation Conditions
Cancellation by Negomarkets: Negomarkets reserves the right to cancel the Service in the following cases:
– Negomarkets will refund the full price of the Service:
– The Product concerned by the Service has not been delivered within a reasonable timeframe.
– One or more components related to the product are defective or parts are missing.
– No installer is available to handle the request.
from the Customer within 9 business days following the shipment or collection from the showroom of the products subject to a Service.
– The Service is ultimately not eligible for the ordered Product*
– In cases where Negomarkets will refund the price of the service, less a €35 excluding VAT deduction:
– After visiting the Customer’s home, the Expert considers that the installation cannot be carried out under conditions of quality, safety, compliance with standards, and, more generally, with best practices.
– After visiting the Customer’s home, the Expert finds that the specific eligibility conditions for the service have not been met.
– The Customer is not present on the day and time of the appointment with the Expert.
– The contact details for the Customer’s installation location are incorrect.
Cancellation by the Client
The Client may cancel their Service request with 48 hours’ notice, by the following means:
– By contacting the Expert by telephone, via the number provided in the tracking link, by email, or by text message. For urgent weekend cancellations of an appointment scheduled for Monday, this is the preferred method.
– By contacting “Technical Support” by clicking on “Contact Us” in the tracking link received by email or text message. *
Claims Management and Service Warranty
In the event that the Expert has not performed the Service on the scheduled date, the Client may contact our Technical Support, as mentioned in the aforementioned paragraph “Technical Support for Services.” In the event that the Expert causes a claim or the Service has been performed unsatisfactorily, the Client must contact Technical Support within 5 (five) consecutive calendar days of the Service completion date. The Services offered are under warranty and are insured by AXA through a Civil Liability contract, under the conditions defined in the AXA Insurance Charter and provided that the claim is not related to any defect or misuse of the Product by the Customer.
To claim this warranty, the Customer must:
– Submit the claim request via the form within the requested timeframe
– Provide proof that a defect has been proven by the Expert
– Refrain from carrying out any repairs while the request is being processed.
ARTICLE 12 – RIGHT OF WITHDRAWAL AND RETURNS
Pursuant to Article L 221-18 et seq. of the French Consumer Code, the Customer has a withdrawal period of fourteen days from the date of receipt of their order. If the Customer exercises this right of withdrawal, the return of the Product must be made in its original packaging (unless the Customer has opted for Premium Delivery), in correct condition, i.e. without excessive handling (no significant deterioration of the packaging, no damage to the product, presence of all elements, complete product) or use of the Product, at the latest within fourteen days following notification to Delivesofa of its decision to withdraw and accompanied by all accessories and possible instructions and the indication of the invoice to which the Products relate. The Customer is exempt from returning the Product in its original packaging if he has opted for Premium Delivery when ordering, the Product must still be perfectly packaged and protected. The return costs will be borne by the Customer. The Customer must submit a request by email using the SRC contact form: www.delivesofa.com . If the above obligations are not met, the Customer will lose their right of withdrawal, and the Product will be returned to them at their expense. For customers who wish to have their parcels collected by Delivesofa, the request must be made to Customer Service. The collection fees will be communicated to the customer and must be accepted before the return is processed.
• Furniture and Sofas: When returning furniture or sofas, the return costs will be equal to the delivery costs initially paid by the customer.
• Modules with Free Delivery: For modules with free delivery, the return costs will be €79 including tax for delivery to mainland France, Luxembourg, and Belgium. The return costs will be €199 including tax for Corsica. • Decorative Products:
– For decorative products weighing less than 3 kg, the return shipping costs are €7 including tax.
– For decorative products weighing 3 kg or more, the return shipping costs are €15 including tax.
• Sofas with Free Shipping: For sofas with free shipping, the return shipping costs will be €119 including tax. The return shipping costs mentioned above are subject to change depending on the costs incurred by Delivesofa.
Customers are advised to:
to make the return using a solution that allows for package tracking. Otherwise, if the returned package does not reach Delivesofa, it will not be possible to initiate an investigation with the transport company to request their location.
For the purposes of this article, the Customer must inform Delivesofa within the time limits specified above of their right of withdrawal and return the Products to Delivesofa at the following address: SVS, 47 Rue Reckem, 59960 Neuville en Ferrain.
For gift cards, the Customer must provide Customer Service, within the aforementioned fourteen (14) day period, with the code associated with the gift card, provided that the gift card has not been used according to the terms and conditions indicated above.
In the event of the return of products paid in whole or in part with the gift card, a refund will be made to the gift card in the amount paid by the gift card. In the event of a refund request, Delivesofa will reimburse the Customer within a maximum of 14 days from the date Delivesofa is informed of the exercise of the right of withdrawal. In accordance with the provisions of Article L221-28, 3° of the French Consumer Code, the right of withdrawal cannot be exercised for orders of Products made to the consumer’s specifications or clearly personalized. Thus, any product manufactured according to the choices and specific instructions you provide when ordering is considered personalized and cannot be withdrawn. By ordering a personalized Product on our website, you acknowledge and agree that these goods cannot be returned or refunded, except in the event of non-compliance or a proven defect. ARTICLE 13 – WARRANTIES
Products supplied by Delivesofa are automatically and without additional payment, in accordance with the legal provisions of: – The legal guarantee of conformity, for Products with a lack of conformity, – The legal guarantee against hidden defects affecting the delivered Products and rendering them unfit for use, under the conditions and according to the terms and conditions specified below, and in all cases, in accordance with the applicable legal provisions and regulations.
Legal Guarantee of Conformity
The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared. “When the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal warranty applies to this digital content or digital service throughout the entire period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service, not the date on which it appeared.
“The legal guarantee of conformity requires the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
“The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, free of charge and without significant inconvenience.
“If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial warranty. “If the consumer requests the repair of the goods, but the seller imposes a replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
“The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by receiving a full refund upon return of the goods, if:
“1° The professional refuses to repair or replace the goods;
“2° The repair or replacement of the goods occurs after a period of thirty days;
“3° The repair or replacement of the goods causes a major inconvenience for the consumer, in particular when the consumer permanently bears the costs of recovery or removal of the non-compliant goods, or if he bears the costs of installation of the repaired or replaced goods;
“4° The non-conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.” “The consumer is also entitled to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies the immediate reduction in price or the termination of the contract. The consumer is then not required to request repair or replacement.
prior repair of the goods.
“The consumer is not entitled to cancel the sale if the lack of conformity is minor.
“Any period of immobilization of the goods for the purpose of repair or replacement suspends the remaining warranty until delivery of the repaired goods.
“The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.
“Any seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the French Consumer Code).
“The consumer also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect.” This warranty entitles the Customer to a price reduction if the item is kept or to a full refund upon return of the item.
Legal Warranty Against Hidden Defects
The Customer may decide to invoke the warranty against hidden defects in the Product in accordance with Article 1641 of the French Civil Code, for hidden defects in the item sold that render it unfit for its intended use, or that so diminish this use that the buyer would not have purchased it, or would have paid a lower price for it, had they been aware of them.
In this case, the Customer may choose between canceling the sale or reducing the sale price in accordance with Article 1644 of the French Civil Code.
The Customer must bring an action for hidden defects within two years of discovering the defect.
To assert their rights, the Customer must inform Delivesofa in writing within the above-mentioned timeframes and return the defective Products in the condition in which they were received, along with all components (accessories, packaging, instructions, etc.).
Delivesofa will refund, replace, or repair any Products or parts under warranty deemed non-compliant or defective. In the event of delivery, shipping costs will be reimbursed based on the invoiced rate, and return shipping costs will be reimbursed upon presentation of supporting documentation.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and no later than 14 days following Delivesofa ‘ discovery of the lack of conformity or hidden defect. Delivesofa’ warranty is, in all cases, limited to the replacement or refund of Products that are non-compliant or affected by a defect.
Complaints, requests for exchanges, or refunds for a non-compliant or defective product must be made by post or via the contact form on the following Website: https://support.bobochicparis.com/hc/fr/requests/new
For the application of the aforementioned Guarantees, the Customer must inform Delivesofa within the time limits specified above of the non-compliance or the existence of hidden defects and return the Products to Delivesofa at the following address: SVS, 47 Rue Reckem, 59960 Neuville-en-Ferrain
ARTICLE 14 – INTELLECTUAL PROPERTY RIGHTS
The trademarks and logos contained on the Website are registered by Delivesofa , or possibly by one of its partners. Any person reproducing, imitating, with or without the addition of signs and/or designs and/or logos, or distributing them for any purpose whatsoever without the consent of Delivesofa is liable to the penalties provided for by law.
Generally speaking, all elements of this Site belong to Delivesofaor a third-party agent, or are used by Delivesofa on the Site with the authorization of their owner. Any copying of logos, textual content, pictographic content, photos, or videos, without this list being exhaustive, is strictly prohibited and may constitute an act of counterfeiting or violation of industrial property rights punishable by law. Any Member found guilty of counterfeiting may have their account deleted without notice or compensation, and without such deletion constituting damages, without prejudice to any possible subsequent legal action against them.
ARTICLE 15 – LIMITATION OF LIABILITY
The selection and purchase of a product or service are the sole responsibility of the Customer. The total or partial inability to use the Products, particularly due to hardware incompatibility, shall not give rise to any compensation, refund, or liability on the part of Delivesofa, except in cases covered by legal guarantees, namely in cases of proven hidden defects, non-compliance, defects, or the exercise of the right of withdrawal, as indicated in these General Terms and Conditions of Sale.
The User expressly agrees to use the Site for their own purposes.
Delivesofa assumes no responsibility or liability for any damages, whether direct or indirect, arising from the use of the Site, or the inability to use it;
– malfunction, unavailability of access, misuse, or improper configuration of the User’s computer, or the use of a browser that is not commonly used by the User;
– the content of advertisements and other links or external sources accessible by the User from the Site.
In the event that access to the Site is impossible, due to technical problems or any other reason, the User may not claim any damages or compensation. The unavailability of one or more Products, even prolonged and without any time limit, cannot constitute a prejudice to Users and cannot in any way give rise to the award of damages by the Site or its publisher.
Delivesofa cannot be held liable for technical unavailability of the connection, whether due to force majeure, maintenance, updates, modifications to the Site, intervention by the hosting provider, an internal or external strike, a network outage, a power outage, or improper configuration or use of the User’s computer.
– The Customer undertakes to comply with the recommendations and instructions contained in the instructions for the Products ordered and acknowledges that Delivesofa shall not be liable for any damages related to non-compliance with the Product instructions. Delivesofa shall not be liable for any damages caused by the Products.
– Delivesofa shall not be liable in the event of non-compliance of the Products with the legislation of the foreign country in which they are delivered and/or used, which it is the Customer’s responsibility to verify, in the event of misuse of the Products in violation of customary practices, usual rules of caution, usage recommendations, and the provided instructions, in the event of negligence, lack of maintenance on the part of the Customer, or in the event of fault or acts entirely attributable to the Customer or a third party.
– In the event that Delivesofa is held liable, compensation shall only apply to direct, personal, certain, and foreseeable damages, excluding all indirect damages and/or losses, including any operating losses.
– Delivesofa ‘ liability shall, in any event, be limited to the amount of the order and shall not be held liable for simple errors or omissions that may have persisted despite all precautions taken in the presentation of the Products.
– Delivesofa shall not be held liable for any delay or non-performance of its obligations due to the occurrence of a force majeure event within the meaning of Article 1218 of the French Civil Code and established case law.
Delivesofa shall not be liable for such non-performance of the contract. If the force majeure event lasts for more than one (1) month, Delivesofa may not fulfill the order, subject to reimbursing the Customer for any amounts paid for the order in question.
ARTICLE 16 – MODIFICATION AND CANCELLATION OF ORDERS
The order is firm for the Customer upon confirmation of the order, subject to the implementation of Article 10 “Right of Withdrawal and Returns” of these General Terms and Conditions of Sale.
Once confirmed, the Customer may neither modify nor cancel their order. However, regarding orders subject to manufacturing, the Customer may cancel their order in full within eight (8) business days of its validation. Cancellation of an order subject to manufacturing may only apply to the entire order; no partial cancellation of the order will be accepted. Cancellation will only be accepted if and only if no goods have yet been shipped by Delivesofa.
Cancellation requests must be made using the contact form in the customer area.
Refunds for the order will be issued within a maximum of fourteen (14) days from receipt of the order cancellation request.
ARTICLE 17 – DATA PROTECTION POLICY
As part of the fulfillment of its contractual obligations and to successfully carry out all of its missions and monitor the business relationship, Delivesofa may collect certain personal data from the Customer. This data is necessary for Delivesofa for the proper execution of the sale concluded at
with the Client and in order to perform all associated services provided on behalf of the Client.
Delivesofa acts as Data Controller and is therefore responsible for compliance with the obligations arising from European Regulation No. 2016/679, known as the General Data Protection Regulation (GDPR), regarding the collection and processing of personal data.
For Delivesofa, the protection of personal data is fundamental because it reflects the relationship we have with you. Delivesofa has therefore appointed a DPO and implements all necessary technical and organizational measures to protect the data we process for our Clients.
For further information and any inquiries regarding the data processing we carry out on behalf of Customers, you can consult our Data Protection Policy or contact our Data Protection Officer (DPO) at the following address: rgpd@bobochicparis.com
ARTICLE 18 – CUSTOMER ACCEPTANCE
The act of placing an order on the Website by a natural person implies full acceptance of these General Terms and Conditions of Sale and obligation to pay for the Products ordered. This is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against NEGOMARKETS.
ARTICLE 19 – MEDIATION
Under Articles L.611-1 et seq. of the French Consumer Code, all Customers have the right to consult a consumer mediator free of charge with a view to amicably resolving any dispute between them and a professional.
To this end, Customers who have purchased one or more Products on the Site may contact: AME CONSO – 11 Place Dauphine, 75001 PARIS or by clicking here: https://www.mediationconso-ame.com/demande-de-mediation-ame.html
After the Customer has made a prior written request to Delivesofa, any consumer dispute that has not been resolved may be referred to the mediator. A dispute cannot be examined by the consumer mediator if the consumer does not provide proof of having previously attempted to resolve the dispute directly with Delivesofaby submitting a written complaint in accordance with the established procedures.
ARTICLE 20 – ENVIRONMENT
19.1 1-FOR-1 RETURN
Furniture items must not be thrown in the trash or in municipal recycling bins. Therefore, you must not dispose of them with unsorted municipal waste. In accordance with Article L541-10-8 of the French Environmental Code and in order to improve the collection of these items, Delivesofa provides the Customer, for any purchase of its products subject to the eco-furniture contribution on its Website, a free collection system for old products, within the limits of the quantity and type of product purchased.
The return of used products is carried out at the delivery point indicated during the Order, upon delivery of the new furniture item.
To benefit from the return of used products, the Customer must indicate this when ordering by completing the contact form.
Prior to delivery and return, the Customer undertakes to:
– Verify that the Product to be returned is similar to the new Product purchased and to be delivered to the home (e.g., returning a sofa for delivery of a sofa); If, at the time of return, Delivesofa finds that the Product to be returned is not similar to the one delivered, Delivesofa reserves the right not to proceed with the return;
– Disassemble the Product if it is furniture;
– Do not leave any screws protruding to avoid any injury during handling.
– Pack the bedding in packaging that matches the original packaging and fully protects the Product;
– Ensure the building is accessible to the location intended for the new Product/Product to be returned (stairs, door width, etc.).
Delivesofa reserves the right to refuse the return if the conditions described herein are not met and/or if the return of the old Product represents a safety and/or hygiene risk for the transport service provider.
19.2 CITEO
The unique identifier FR268856_01MWLP for packaging was assigned by CITEO to NEGOMARKETS. This identifier attests to its compliance with its producer responsibility to reduce the environmental impact of its packaging.
19.3 ECOMOBILIER
NEGOMARKETS is registered in the National Register of Furniture Marketers under number FR040900_10Z7TX. This number guarantees that, by adhering to Eco-mobilier, NEGOMARKETS is in compliance with its regulatory obligations under Article L 541-10-6 of the French Environmental Code.
19.4 TRIMAN
The Triman logo
is derived from regulations in the French Environmental Code. The logo signifies that the recyclable product is subject to sorting instructions. It will be affixed to all consumer products collected by eco-organizations and whose “recyclability” is guaranteed. For Delivesofa, this includes its paper catalogs, sales brochures, as well as its furniture and textiles. They must therefore be sorted by you. The Triman symbol may appear on products or on packaging, instructions, or any other media, including digital media.
ARTICLE 20 – APPLICABLE LAW AND JURISDICTION
These general terms and conditions are subject to the application of French law.
They may be modified at any time by Delivesofa.
Under no circumstances does Delivesofa provide any guarantee of compliance with local legislation that would be applicable when a User accesses the Site from another country.
The General Terms and Conditions of Sale applicable to the User and the Customer are those in effect on the date of their order or connection to this Site.
Delivesofa naturally undertakes to retain all of its previous general terms and conditions and to forward them to any User or Customer who requests them.
In the event of a legal dispute, the dispute will fall under the exclusive jurisdiction of the competent French courts in accordance with the rules of common law.
Appendix 1
WITHDRAWAL FORM
Download the withdrawal form
Pursuant to Article L 221-18 et seq. of the French Consumer Code, non-professional Customers have a withdrawal period of fourteen days from the date of receipt of the order.
The Customer can find below a standard withdrawal form for an order placed on the Site, to be sent to Delivesofa by registered letter with acknowledgment of receipt or by email. It is understood that the Customer will bear the cost of returning the goods in the event of withdrawal, as well as the cost of returning the goods if, due to their nature, they cannot normally be returned by post, and that this withdrawal can only be made under the conditions of withdrawal stipulated in these general terms and conditions of sale. —
SAMPLE WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of Delivesofa,
5-7 Avenue de Paris
94300 VINCENNES
Customer’s Last Name, First Name, and Address:
Subject: Withdrawal
Dear Sir/Madam,
I, the undersigned, Mr/Ms [please fill in], hereby notify you of my/our (*) withdrawal from the contract for the sale of the item below:
Order no. … placed on your website www.delivesofa.com received on ….. and for the item…
I therefore request that you refund the amounts paid for this order within a maximum of 14 days from proof of return of the product or, failing that, from the date of actual return of the ordered product.
I undertake I also undertake to return the ordered product to you at my expense within 14 days from the date I exercised my right of withdrawal, in accordance with the provisions of the General Terms and Conditions of Sale of the Website www.delivesofa.com.
Counting on your full cooperation, Please accept, Madam, Sir, my sincere greetings.
Done at …
On:
Signature
Appendix 2
EXTRACTS FROM THE CIVIL AND CONSUMER CODE
Excerpts from the Consumer Code
Article L. 217-3
The seller delivers goods that comply with the contract and the criteria set out in Article L. 217-5. The seller is liable for any lack of conformity existing at the time of delivery of the goods, within the meaning of Article L. 216-1, which becomes apparent within two years of delivery. In the case of a contract for the sale of goods containing digital elements: 1° When the contract provides for the continuous supply of digital content or a digital service for a period of two years or less, or when the contract does not determine the duration of supply, the seller is liable for any lack of conformity of this digital content or this digital service which appears within a period of two years from the delivery of the goods; 2° When the contract provides for the continuous supply of digital content or a digital service for a period exceeding two years, the seller is liable for any lack of conformity of this digital content or this digital service which appears during the period during which it is provided under the contract. For such goods, the applicable period does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 217-19. The seller is also liable, during the same periods, for any lack of conformity resulting from the packaging, the assembly instructions, or the installation.
installation when it was the consumer’s responsibility under the contract or was carried out under his or her responsibility, or when the incorrect installation, carried out by the consumer as stipulated in the contract, is due to deficiencies or errors in the installation instructions provided by the seller. This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The starting point for the limitation period for the consumer’s action is the day the consumer becomes aware of the lack of conformity.
Article L217-5
I.- In addition to the criteria of conformity with the contract, the good is compliant if it meets the following criteria:
1° It is suitable for the use normally expected of a good of the same type, taking into account, where applicable, any provisions of European Union and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned; 2° Where applicable, it possesses the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract.
3° Where applicable, the digital elements it contains are provided in the most recent version available at the time the contract is concluded, unless the parties agree otherwise;
4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer may legitimately expect;
5° Where applicable, it is provided with any updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19; 6° It corresponds to the quantity, quality, and other characteristics, including durability, functionality, compatibility, and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the goods and the public statements made by the seller, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or on labeling.
II.- However, the seller is not bound by any public statements referred to in the preceding paragraph if he demonstrates:
1° That he was not aware of them and was not legitimately in a position to be aware of them
2° That at the time the contract was concluded, the public statements had been corrected under conditions comparable to the initial statements; or
3° That the public statements could not have influenced the purchasing decision.
III.-The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the goods, which he or she has been specifically informed deviate from the conformity criteria set out in this article, a deviation to which he or she expressly and separately consented when entering into the contract.
Article L 218-1
By way of derogation from Article 2254 of the Civil Code, the parties to a contract between a professional and a consumer may not, even by mutual agreement, modify the limitation period or add to the grounds for suspension or interruption thereof.
Article L218-2
The action of professionals, for the goods or services they provide to consumers, is time-barred after two years.
Article L217-9
The consumer is entitled to demand that the goods be brought into conformity with the criteria set out in subsection 1 of this section. The consumer requests that the seller bring the goods into conformity, choosing between repair and replacement. To this end, the consumer shall make the goods available to the seller.
Article L217-13
Any goods repaired under the legal guarantee of conformity benefit from a six-month extension of this guarantee. If the consumer chooses to have the goods repaired but the seller does not carry it out, the replacement of the goods will trigger a new period of conformity for the consumer under the legal guarantee of conformity attached to the replaced goods. This provision applies from the day the replacement goods are delivered to the consumer.
Article L217-11
The conformity of the goods is carried out at no cost to the consumer. The consumer is not required to pay for the normal use made of the replaced goods during the period prior to their replacement.
Excerpts from the Civil Code
Article 1641
The seller is bound by the warranty against hidden defects in the item sold that render it unfit for its intended use, or that so diminish this use that the buyer would not have purchased it, or would have paid a lower price for it, had they been aware of them.
Article 1642
The seller is not bound by apparent defects of which the buyer could have convinced himself.
Article 1643
He is bound by hidden defects, even if he does not have them.
was not aware of the defects, unless, in this case, he has stipulated that he will not be obligated to provide any guarantee.
Article 1644
In the cases referred to in Articles 1641 and 1643, the buyer has the option of returning the item and receiving a refund of the price, or keeping the item and receiving a partial refund.
Article 1645
If the seller was aware of the defects in the item, he is liable, in addition to returning the price received, for all damages and interest to the buyer.
Article 1646
If the seller was unaware of the defects in the item, he shall only be liable for returning the price and reimbursing the buyer for the costs incurred in the sale.
Article 1647
If the defective item perishes due to its poor quality, the loss is for the seller, who shall be liable to the buyer for restitution of the price and other compensation as explained in the two preceding articles. However, loss arising from fortuitous events shall be for the buyer’s account.
Article 1648
The action resulting from latent defects must be brought by the buyer within two years of discovery of the defect.