ARTICLE 1 - Field of application
These General Terms and Conditions of Sale apply, without restriction nor reservation, to all sales concluded by WIZZCOM (“the Seller”) with consumers and non-professional buyers (“The Customers or the Customer”), wanting to purchase products offered for sale by the Seller (“The Products”) on the decostick.fr website.
In particular, they specify the conditions for orders, payment, delivery, and any returns of Products ordered by Customers.
These General Terms and Conditions of Sale are likely to be completed by specific conditions, announced on the Website, before any transaction with the Customer.
These General Terms and Conditions of Sale apply to the exclusion of any other terms and conditions, and in particular those applicable for sales in shops or other means of distribution and commercialisation networks.
They can be accessed at any time on the decostick.fr website and will prevail, where necessary, any other version or any other contradictory document.
As these General Terms and Conditions of Sale are subject to later changes, the version applicable to the Customer’s purchase is that in effect on the Website on the date on which the order is placed.
Modifications to these General Terms and Conditions of Sale are enforceable against users of the decostick.fr Website as soon as they posted online and cannot apply to transactions concluded in the past.
ARTICLE 2 - Products on sale
The Products on sale on the decostick.fr Website are the following:
- Adhesive decorative tiles.
The main characteristics of the Products and in particular, the specifications, illustrations and details of the dimensions or the capacity of the Products, are presented on the decostick.fr website.
The Customer is required to read these before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
Photographs and graphics presented on the decostick.fr website are not contractual and the Seller cannot be held responsible for them.
The Customer is required to refer to the description of each Product to find out about the properties, the essential features, and the delivery times, as well as, in the case of continuous or periodic supply of a product, the minimum duration of the proposed contract.
Contractual information is presented in French and is subject to a confirmation at the latest upon validation of the order by the Customer.
ARTICLE 3 - Validity period of the offer of Products
The offers of Products are subject to available stocks, as mentioned when the order is placed.
ARTICLE 4 - The Seller’s contact details
The Seller’s contact details are as follows:
Simplified joint-stock company with a share capital of €100,000.
RCS MONTPELLIER – 800434953
2, rue du Perpignan – 34880 LAVERUNE
Phone: +33(0)4 67 87 60 27
In accordance with the French Data Protection Act of 6 January 1978, complemented and reinforced by the GDPR (General Data Protection Regulation), the Customer has, at any time, the right to access, correction, objection, erasure, and data portability of all personal data by sending a letter and by proving their identity, to the Seller’s postal address, mentioned above.
The order validation by the Customer constitutes their agreement without restriction or reservation of these General Terms and Conditions of Sale.
The Customer acknowledges having the required capacity to enter into contract and acquire the Products offered by the decostick.fr website.
ARTICLE 5 - Orders
5-1. Placement of the order
The Customer shall be responsible for selecting the Products they he/she wishes to order on the decostick.fr website, as follows:
The customer selects the products that he/she places in a basket. After having checked his/her order, he/she enters his/her contact details and place of delivery. He/she selects a payment method. After payment, he/she consults the detailed invoice and prints out the documents relating to the order.
The Customer has the possibility of checking the detail of his/her order, the total price and correct any potential errors before confirming his/her acceptance. It is his/her responsibility to check the correctness of the order and to immediately report or rectify any error.
An order is placed on the decostick.fr website when the Customer accepts these General Terms and Conditions of Sale, by checking the box provided, and confirms his/her order. This confirmation involves accepting the entire General Terms and Conditions of Sale, as well as the general terms and conditions of use of the decostick.fr website.
The sale is only definitive once the confirmation that the order has been accepted by the Seller has been sent to the Customer via email, which must be sent without delay, and after having received full payment.
Any order placed, validated by the Customer, and confirmed by the Seller, under the conditions and according to the terms described above, on the decostick.fr website constitutes the establishment of a contract concluded remotely between the Customer and the Seller.
Unless proved otherwise, the data saved in the Seller’s IT system constitutes the proof of all transactions concluded with the Customer.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning payment of a previous order.
The Customer may monitor the status of his/her order on the decostick.fr website.
The Seller does not intend to sell the Products on the decostick.fr website to professionals, but only consumers or non-professionals, for their personal needs.
The Seller therefore reserves the right to refuse orders of a same Product in significant quantities.
Orders of under €15 shall not be accepted.
5-2. Modification of the order
Once confirmed and accepted by the Seller, under the terms and conditions described above, the order cannot be modified.
5-3. Cancellation of the order
Once confirmed and accepted by the Seller, under the terms and conditions described above, the order cannot be cancelled, beyond exercising the right of withdrawal or in the event of force majeure.
ARTICLE 6 - Prices
The Products are supplied at the prices in effect shown on the decostick.fr Website when the order is accepted by the Seller. The prices are shown in Euros, excluding tax and all taxes included.
The prices consider potential discounts that may be authorised by the Seller on the decostick.fr website.
These prices are firm and not subject to alteration during their validity period, as stated on the decostick.fr website, and the Seller reserves the right, outside of this validity period, to modify the prices at any time. They do not include processing, shipping, transport, and delivery fees, which are invoiced in addition, under the terms and conditions mentioned on the decostick.fr website and calculated prior to placing the order.
If the Customer requests a quicker or more expensive shipping method than the standard shipping, additional delivery costs, as they appear when the order is validated by the Customer, are to be borne entirely by the Customer.
The payment required from the Customer corresponds to the total purchase amount, including these fees.
Potential specific orders for the Customer may be considered. When necessary, these will be covered by a quote that has been previously accepted by the Customer. Quotes established by the Seller are valid for a duration of 30 days, starting from their establishment date. An order following a quote is only considered as accepted once the payment of the order has been made in full.
An invoice is established by the Seller and sent to the Customer with the delivery of the ordered Products.
ARTICLE 7 - Terms of payment
The price shall be payable in cash, in full on the day the order is placed by the Customer, via a secure payment method, as follows:
- via bank card: Credit Card, Visa, MasterCard, American Express, other credit cards
- via PayPal.
The payment via credit card is definitive, except in the event of fraudulent use of the card. In this case, the Customer may request to cancel the payment and get a refund for the corresponding amounts.
The payment data are exchanged in encrypted mode thanks to the TLS (Transport Layer Security) encryption protocol, “by Systempay, PCI-DSS-certified payment platform”.
Payments made by the Customer shall only be considered as definite once all due amounts have been cashed by the Seller.
In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions mentioned above, to suspend or cancel the delivery of outstanding orders made by the Customer.
ARTICLE 8 - Deliveries
The Products ordered by the Customer shall be delivered in metropolitan France at the address indicated by the Customer when placing his/her order on the decostick.fr website.
The delivery involves the transfer of the physical possession or control of the Product to the Customer.
Except in specific cases or if one or more Products are unavailable, the Products ordered shall be delivered in one batch.
The Seller undertakes to make every effort to deliver the products ordered by the Customer within the time frame specified when the order was placed on the decostick.fr website. However, these time frames are given as an indication only. If the Products ordered are not delivered within 30 days after the estimated delivery date, for any reason other than force majeure or due to the Customer, the sale may be cancelled upon the Customer’s written request under the conditions provided for in articles L 216-2 L 216-3 L241-4 of the French Consumer Code. The amounts paid by the Customer shall therefore be refunded within fourteen days at the latest following the contract termination date, without any compensation or withholding.
In the event of non-compliance of the delivered Product, the Seller undertakes to rectify the problem or reimburse the Customer, as stated in the article - “Seller's Liability - Guarantee”.
The Seller shall cover transport risks and is responsible for reimbursing the Customer in the event of damage caused during transport.
Deliveries are ensured by an independent transporter, to the address mentioned by the Customer upon placing the order, which the transporter can easily access.
When the Customer takes the responsibility of calling upon a transporter that he/she has chosen, the delivery is deemed to have been carried out once the Seller has handed over the ordered Products to the transporter, who has accepted them without reservation. The Customer therefore acknowledges that it is the transporter’s responsibility to carry out the delivery and does not have any warranty claim against the Seller in the event of failure to deliver the transported goods.
In the event of the Customer’s specific request concerning the packaging conditions or the transport of ordered products, duly accepted in writing by the Seller, the related costs shall be subject to specific additional invoicing, following a quote that has been previously accepted in writing by the Customer.
The Customer is responsible for checking the condition of the delivered products. He/she has 8 days from the delivery date to formulate in writing (by post or email) any reservations or claims regarding non-compliance or obvious defects of Products delivered (for example, damaged or already opened package), with all supporting documents related thereto (photos, in particular). After this deadline and having failed to comply with these formalities, the Products shall be deemed compliant and free of any obvious defects and no claim can be legitimately accepted by the Seller.
The Seller shall reimburse or replace, as soon as possible and at their expense, the Products delivered whose lack of conformity or whose obvious or hidden defects have been duly proved by the Customer, under the conditions set out in articles L 217-4 et seq. of the French Consumer Code and those set out in these General Terms and Conditions of Sale (see guarantees, in particular).
ARTICLE 9 - Transfer of ownership - Risk transfer
The transfer of ownership of the Products from the Seller to the Customer, shall only be carried out following payment in full by the Customer, regardless of the delivery date of these Products.
Regardless of the transfer of ownership date of the Products, the risks related to the loss and deterioration of the products will only be transferred once the Customer has taken physical possession of the Products. The Products therefore travel at the Seller’s risk.
ARTICLE 10 - Right of withdrawal
In accordance with the applicable laws, the Customer shall have a period of fourteen days from the date of receipt of the Product to exercise his/her right to withdraw from the Seller, without having to justify reasons or pay penalties, in order to exchange or to be reimbursed, provided that the products are returned in their original packaging and in perfect condition within 14 days maximum following the notification to the Seller regarding the Customer’s decision to withdraw.
Returns must be sent in their original state and in full (packaging, accessories, instructions, etc.) enabling them to be put back on the market as brand new, accompanied by the purchase invoice.
Damaged, dirty, or incomplete Products shall not be accepted.
The right of withdrawal may be exercised online, using a withdrawal form available on the decostick.fr website, in which case an acknowledgement of receipt on a durable medium will be immediately sent to the Customer by the Seller, or for any other clearly worded declaration, expressing the intention to withdraw.
In case of exercising the right of withdrawal within the said time frame, only the price of the bought Products and the delivery fees are reimbursed; the return cost will be at the Customer's expense.
The reimbursement shall be made within 14 days from the date of the notification to the Seller regarding the decision to withdraw.
ARTICLE 11 - Seller's Liability - Guarantee
The Products sold on the decostick.fr website comply with the regulations currently in force in France and have performances that are compatible with non-professional uses.
The Products supplied by the Seller benefit from and without additional payment, independent of the right of withdrawal, in accordance with the legal provisions,
- a legal guarantee of conformity, for the apparently defective, worn or damages Products, or which do not correspond to the order placed,
- a legal guarantee against hidden defects originating from a materials defect, or from a design or manufacturing defect affecting the delivered goods rendering them unfit for use,
under the conditions and according to the terms described in the boxed text below and defined in the appendix in these General Terms and Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
It is recalled that in the context of the legal guarantee of conformity, the Customer: has a period of two years from the delivery date of the goods to take action against the Seller; may choose between repairing or replacing the Product ordered, subject to the cost conditions set forth in article L 217-9 of the French Consumer Code; is exempt from providing proof of the existence of the Product’s lack of conformity during the twenty-four months following delivery of the Product.
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product. The Customer may decide to implement the guarantee against hidden Product defects in accordance with article 1641 of the French Civil Code; in this case, he/she may choose between cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the French Civil Code.
In order to assert his/her rights, the Customer must inform the Seller, in writing, of the non-compliance of the Products within a maximum deadline of 8 days from the delivery of the Products or of the discovery of hidden defects within the above-mentioned time limit and return the defective Products or take them back to the shop in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller shall reimburse, replace, or repair the Products or parts under guarantee deemed to be non-compliant or defective.
The return costs shall be reimbursed based on the invoiced price and the return costs shall be reimbursed upon presentation of supporting documents.
The refund of Products deemed to be non-compliant or defective shall be carried out as soon as possible and at the latest 14 days following the observation by the Seller of the conformity defect or hidden defect.
The refund shall be made by crediting the Customer's bank account or by cheque sent to the Customer’s address.
The Seller cannot be held liable in the following cases:
- non-respect of the regulations in the country of delivery, and it is the Customer's obligation to check such regulations,
- in the event of misuse, use for professional purposes, negligence, or failure to perform required maintenance by the Client, or in the case of normal wear and tear of the Product, accident, or force majeure.
The Seller’s guarantee is, is any case, limited to the replacement or reimbursement of the non-compliant or defective Products.
The Seller cannot be held responsible or be considered as having failed to comply with their obligations to these terms and conditions, for any delay or non-fulfilment, when the cause of the delay or non-fulfilment is linked to a case of force majeure as defined by the case-law. In addition, the Seller does not control the websites which are directly or indirectly linked to the decostick.fr website. Consequently, the Seller bears no responsibility regarding the information published on these websites. The links to third-party websites are provided for information purposes only and no guarantees are given regarding their content.
ARTICLE 12 - Personal data protection
Under the law 78-17 of 06 January 1978, modified by the law no.2018-493 of 20 June 2018, it is recalled that the personal information requested from the Customer is necessary to process his/her order and to establish invoices, in particular.
These data can be sent to the Seller’s potential partners, responsible for the execution, processing, management, and payment of orders.
The processing of information communicated via the decostick.fr website satisfies the legal requirements in terms of personal data protection, as the information system used ensures an optimal protection of these data.
The Client has, in accordance with the national and European regulations in force, the right to permanently access, modify, rectify, oppose the portability, or restrict the processing of his/her personal data.
This right may be exercised under the conditions and according to the terms defined on the decostick.fr website.
ARTICLE 13 - Intellectual property
The content of the decostick.fr website is the property of the Seller and its partners and is protected by the French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of said laws.
ARTICLE 14 - Unpredictability
In the case of unforeseeable circumstances when concluding the contract, in accordance with the provisions of the article 1195 of the French Civil Code, the Party which has not agreed to assume a risk of excessively onerous performance may request a renegotiation of the contract with its co-contracting party.
ARTICLE 15 - Force majeure
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the French Civil Code.
ARTICLE 16 - Applicable law - Language
These General Terms and Conditions of Sale and the operations resulting from them are governed by French law.
They are written in French. If they are translated into one or more languages, only the French text would prevail in the event of a dispute.
ARTICLE 17 - Disputes
All disputes to which the purchase and sale transactions concluded in application of these general terms and conditions of sale could give rise, concerning their validity, interpretation, execution, termination, their consequences, and repercussions and which could not have been resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he/she may, in any case, resort to conventional mediation, in particular with the Consumer Mediation Commission (French Consumer Code Art. L 612-1) or with existing sectoral mediation bodies, and whose references appear on the decostick.fr website or in any alternative dispute resolution method (conciliation, for example) in the event of disagreement.
ARTICLE 18 - Pre-contractual information - Customer Acceptance
For any natural or legal person, the act of placing an order on the decostick.fr website implies full acceptance and adherence to these General Terms and Conditions of sale and an obligation to pay for the ordered Products, which is expressly recognised by the Customer, who agrees, in particular, not to recognize any contradictory document, which would be unenforceable to the Seller.
APPENDIX 1 - Provisions relating to legal guarantees
Article L217-4 of the French Consumer Code
The seller undertakes to deliver goods in conformity with the contract and is liable for any conformity faults present during delivery. He/she is also liable for defects in conformity resulting from packaging, instructions for assembly or installation when these have been made his/her responsibility by the contract or have been produced under his/her responsibility.
Article L217-5 of the French Consumer Code
To be compliant with the contract, the item must:
- Be appropriate for the use normally expected for such an article and, if necessary:
- comply with the description given by the seller and must have the same qualities as the sample or model that the seller presented to the consumer;
- have the qualities that a purchaser might legitimately expect in view of public statements made by the seller, the producer or his/her representative, especially in advertising or labelling;
- Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L217-12 of the French Consumer Code
Actions that result from a lack of conformity are time-barred after a period of two years following delivery of the goods.
Article L217-16 of the French Consumer Code
Where the purchaser asks the seller, during the period of the commercial guarantee offered by the seller upon the purchase or repair of a tangible good, for a repair under the terms of such guarantee, and where the product is out of use for at least seven days, this period shall be added to the remaining guarantee period. This period shall be calculated from the date on which the purchaser submits the request or on which the product concerned is provided for repair, whichever comes first.
Article 1641 of the French Civil Code
The seller is bound to a guarantee on account of the latent defects of the goods sold which render them unfit for their intended use, or which so impair that use that the purchaser would not have bought them, or would have paid a lower price for them, had he/she been aware of the defects.
Article 1648 para. 1 of the French Civil Code
The action resulting from latent defects must be brought by the purchaser within a period of two years following the discovery of the defects.
APPENDIX 2 - Withdrawal form
This form must only be completed and sent if the Customer wishes to withdraw from the order placed on decostick.fr unless exclusions or limits apply to the exercise of the right of withdrawal in accordance with the applicable General Terms and Conditions of Sale.
Addressed to WIZZCOM
2, rue du Perpignan – 34880 LAVERUNE
Phone: +33(0)4 67 87 60 27
- Ordered on……………………..
- Order number: ...........................................................
- Customer Name: ...........................................................................
- Customer’s Address: .......................................................................
Customer’s Signature (only in the event of notification of this form in paper version):