Terms and conditions

These Terms and conditions (hereinafter "Terms and conditions") apply to all purchases made by a user / person (hereinafter the "CUSTOMER" ) on the website www.fire-design.fr (hereinafter the "WEBSITE") from Fire design, SARL registered on the Créteil trade and companies under the number 491240529, which has its registered office at 110, rue des Mariniers - 94290 Villeneuve le Roi – France, which also has its offices and its showroom located at 35, avenue Marin - 94500 Champigny-Sur-Marne - France Tel: 01.48.86.68.60 Fax: 01.48.86.83.80 email: infos@fire-design.fr ( hereinafter "SELLER")                   

IMPORTANT

Any order placed on the WEBSITE necessarily implies the unconditional acceptance of these Terms and conditions by the CUSTOMER.

The following terms, used in these Terms and conditions, have the following meanings:

• "CUSTOMER" means the contracting partner of the SELLER, who guarantees that he has the quality of consumer as defined by the French law and jurisprudence. As such, it’s expressly foretold that the CUSTOMER acts independently of usual or professional activity.

• "DELIVERY" means the first presentation of PRODUCTS ordered by the Customer at the delivery address specified during the order.

• "PRODUCTS" means all products available on the WEBSITE.

• "TERRITORY" means the Worldwide

These Terms and conditions rule the sale of PRODUCTS by the SELLER to his CUSTOMERS.

The CUSTOMER is clearly informed and agrees that the WEBSITE targets consumers and that professionals should contact the sales department of the SELLER to benefit from specific contractual conditions.

The CUSTOMER agrees to carefully read and accept these Terms and conditions before proceeding of the payment for a PRODUCTS order placed on the WEBSITE.

These Terms and conditions are referenced at the bottom of each page of the WEBSITE through a link and must be read before ordering. The CUSTOMER is invited to carefully read, download, print these Terms and conditions and keep a copy.

The SELLER advises the CUSTOMER to read these Terms and conditions for each new order, the latest version of these Terms and conditions applies to all new PRODUCT order.

By clicking on the first button to place the order and then the second to confirm it, the CUSTOMER acknowledges having read, understood and accepted these Terms and conditions without limitation or reservation.

To purchase a PRODUCT, the CUSTOMER must be at least 18 and have the legal capacity or, if he’s minor, be able to justify the agreement of its legal representatives.

The CUSTOMER will be invited to provide information to be identified by filling out the form available on the WEBSITE. The sign (*) indicates that these fields are required and must be filled by the CUSTOMER in order to have his order processed by the SELLER. The CUSTOMER can check the status of his order on the WEBSITE. The tracking of the DELIVERIES may, if necessary, be made by using the online tracking tools of the involved delivery company. The CUSTOMER may also contact the sales department of the SELLER at any time by email, at infos@fire-design.fr to obtain information about the status of his order.

The information provided by the CUSTOMER to the SELLER during an order must be complete, accurate and up-to-date.

The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and other information provided.

5.1 Features of the products

The SELLER endeavors to describe as clearly as possible the main characteristics of the PRODUCTS (on the fact sheets available on the WEBSITE) and other required information that the CUSTOMER shall receive under the applicable law (in these Terms and conditions).

The CUSTOMER agrees to read these informations carefully before placing an order on the WEBSITE.

The SELLER reserves the right to modify the PRODUCTS selection available on the WEBSITE, especially regarding the constraints related to its suppliers.

Unless if the contrary is expressly stated on the WEBSITE, all the PRODUCTS sold by the SELLER are new and comply with the European legislation and standards required in France.

5.2. Ordering process

PRODUCTS orders are directly placed on the WEBSITE. To place an order, the CUSTOMER must follow the steps below (however, please note that depending on the CUSTOMER start page, the steps may be a little bit different).

5.2.1. Selection of the PRODUCTS and purchase options

The CUSTOMER must select the PRODUCT(S) of his choice by clicking on the concerned PRODUCT(S) and choose the characteristics and the quantity wanted. After this selection, the PRODUCT is placed on the basket of the CUSTOMER. He can add to his basket as much PRODUCTS as he wants.

5.2.2. Orders

Once the PRODUCTS are selected and placed on the basket, the CUSTOMER must click on the basket and check that the content of his order is correct. If the CUSTOMER has not done yet, he will be asked to log on or to register.

Once the Customer has validated the content of his basket and is logged / registered, an online form automatically completed will appear summarizing the price, applicable taxes and, if necessary, costs delivery.

The CUSTOMER is invited to check the content of his order (including the amount, the characteristics and the references of the ordered PRODUCTS, the billing address, the payment method and the price) before validating its content.

The CUSTOMER can then make the payment of the PRODUCTS by following the instructions on the WEBSITE and provide all information required for the billing and the DELIVERY of the PRODUCTS.

Concerning the PRODUCTS for those options are available, these specific references appear when the right options have been selected. Orders placed must include all necessary information to ensure the proper order processing.

CUSTOMER must also select the delivery method chosen.

5.2.3. Acknowledgment of receipt

Once all the steps described above are achieved, a page appears on the WEBSITE in order to acknowledge receipt of the order of the CUSTOMER. A copy of the acknowledgment of the order will be automatically sent to the CUSTOMER by email, on condition that the email address provided through the registration form is correct.

The SELLER doesn’t send any order confirmation by post or by fax.

5.2.4. billing

During the ordering process, the Customer should give all the information necessary for billing (The sign (*) indicates that these fields are required and must be filled by the CUSTOMER in order to have his order processed by the SELLER 

The CUSTOMER must clearly give all the information relating to the DELIVERY, in particular the exact address of the customer, as well as any access code. 

CUSTOMER must also specify the payment method wanted.

Neither the purchase order established online by the CUSTOMER or the acknowledgment of receipt sent by the SELLER to the CUSTOMER by e-mail will be considered as an invoice. Whatever the order / payment chosen, the CUSTOMER will receive the original invoice during the DELIVERY of the PRODUCTS, inside the package.

5.3. Date of the Order

The order date is the date on which the SELLER acknowledges online the order. The customer delay indicated on the WEBSITE begins to run from that date.

5.4. Price

For all PRODUCTS, the CUSTOMER will find the price (in euros) all taxes included, and the applicable shipping costs (depending on packages weight, except wrapping and gifts, on the DELIVERY address and on the delivery way or company selected).

The Prices include tax (VAT) at the rate in effect on the date of the order. Any change in this applicable rate may impact the price of the PRODUCTS after the effective date of the new rates.

The applicable VAT rate is expressed as a percentage of the value of a sold PRODUCT.

The prices of the SELLER suppliers are subject to be modified. In consequence, the prices listed on the WEBSITE may also change. They can also be modified in case of special offers / sales.

The indicated prices are valid, except important mistakes. The applicable price is the one indicated on the WEBSITE at the date when the order is placed by the CUSTOMER.

5.5. Availability of PRODUCTS

Depending on the PRODUCT concerned, the SELLER applies a « just in time » inventory management. Therefore, the availability of the PRODUCTS depends on the stocks of the SELLER. 

The SELLER agrees to deliver all the order received provided that the PRODUCTS are available. 

The unavailability of a PRODUCT is generally specified on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the restock of a PRODUCT by the SELLER.

In any case, if the unavailability is not specified at the time of the order, the SELLER shall immediately inform the CUSTOMER that the PRODUCT is currently unavailable.

The SELLER may, at the request of the CUSTOMER:

•       Offer to ship all PRODUCTS simultaneously as soon as the PRODUCT out of stock is available
•       Offer to ensure a partial shipment of the PRODUCTS available at first, then shipping the rest of the order when the other PRODUCTS are available. In this case, the additional transport costs shall be clearly specified.
•       Offer an alternative PRODUCT with an equivalent quality and price, accepted by the CUSTOMER. 

If the Customer decides to cancel the command of the unavailable PRODUCTS, he will be completely reimbursed for all the payment realized concerning the PRODUCTS unavailable, at the latest within the thirty (30) days of the payment.

The terms of the right of withdrawal are provided in the "Cancellation policy" policy available in Annex 1 of these Terms and conditions and accessible at the bottom of each page of the WEBSITE via a hyperlink.

7.1. Methods of payment

The CUSTOMER can pay its PRODUCTS online on the WEBSITE by the methods proposed by the SELLER. 

The CUSTOMER guarantees the SELLER that he holds all the authorizations required to use the selected method of payment.

The SELLER shall take all necessary measures to guarantee the security and the confidentiality of data transmitted online through the online payment on the WEBSITE.

In this regard, All payment information provided on the WEBSITE is transmitted to the bank of the WEBSITE and are not processed on the WEBSITE.

7.2. Payment date

In case of single payment by credit card, the account of the CUSTOMER will be debited from the order of the PRODUCTS placed on the WEBSITE. 

In case of partial DELIVERY, the total amount will be debited from the account of the CUSTOMER at the earliest when the first package is shipped.

 If the Customer decides to cancel his order for unavailable PRODUCTS, the refund will be processed in accordance with the last paragraph of the Article 5.5 of the Terms and conditions.

7.3. Delay or non-payment

If the bank refuses to debit a card or another payment method, the Customer must contact the Customer Service of the SELLER to pay the order by any other valid payment method.

In the case that, for any reason, opposition, rejection or other, the money transfer of the CUSTOMER is impossible, the order will be automatically canceled and the sale finished

All the contracts achieved with the CUSTOMER corresponding to an order of an amount higher than 120 euros will be archived by the SELLER for a period of ten (10) years in accordance with the Article L. 134-2 of the Consumer Code.

The SELLER agrees to archive this information to monitor the transactions and give a copy of the contract at the request of the CUSTOMER.

In case of dispute, the SELLER will have the opportunity to prove that his electronic tracking system is reliable and that it guarantees the integrity of the transaction.

The SELLER remains the owner of the PRODUCTS delivered until the full payment by the CUSTOMER.

The provisions above shall not prevent the transfer to the CUSTOMER, at the time of receipt by him or a third party designated by him other than the carrier, of the risk of loss or damage of the PRODUCTS subject to reserve property, and the risks of damage they can cause.

The Terms and conditions of the DELIVERY of PRODUCTS are provided in the "politics of delivery" given in Annex 2 and accessible at the bottom of each page of the WEBSITE via a hyperlink.

The PRODUCTS will be wrapped in accordance with the current transport standards, to ensure the maximum protection for the PRODUCTS during the DELIVERY. CUSTOMERS agree to respect the same standards when they return the PRODUCTS as explained in Annex 1 « Withdrawal policy ».

12.1. Guarantee of conformity

The SELLER must deliver a conform PRODUCT, that is to say, meeting the expectations for a classic use of a similar good and matching with the description given on the WEBSITE.

This also means that the PRODUCT must have the characteristics that a CUSTOMER is entitled to expect regarding the public statements made by the SELLER, including on advertisements and on the labels

In this context, the SELLER is likely to respond for an existing lack of conformity during the DELIVERY and a lack of conformity resulting from the packaging, the instructions for the assembly or the installation when they are realized by him or under his responsibility.

The action resulting from a lack of conformity is prescribed two (2) years from the DELIVERY of the PRODUCT.

In the case of a lack of conformity, the CUSTOMER has the possibility to request the replacement or the repair of the PRODUCT, up to his choice. However, if the price of the PRODUCT chosen by the CUSTOMER is clearly disproportionate in comparison to the other available option, regarding the value of the PRODUCT or the importance of the defect, the SELLER may choose to repay without following the option selected by the customer.

In the case that a replacement or a repair is not possible, the SELLER shall refund the price of the PRODUCT within 30 days upon the receipt of the returned PRODUCT, and in exchange of the returned PRODUCT by the CUSTOMER at the following address 35 Ave. Marin - 94500 Champigny-sur-Marne - France.

Finally, the CUSTOMER does not have the obligation to prove the existence of the lack of conformity of the PRODUCT during the next six (6) months after the DELIVERY of the good. 

This legal guarantee of conformity is applicable independently of the granted commercial guarantee on the PRODUCTS.

12.2. Guarantee for hidden defects

The SELLER has the obligation to guarantee any hidden defects on the PRODUCT sold, that make it unusable for its intended use, or that decrease its use to the point that the CUSTOMER would not have purchased it, or would have paid it in a lower price, if he had known.

This guarantee allows the CUSTOMER, who can prove the existence of a hidden defect, to choose between a full reimbursement of the PRODUCT if it’s returned or a partial reimbursement if the PRODUCT is not returned.

In the case where a replacement or a repair is not possible, the SELLER shall refund the price of the PRODUCT within 30 days upon the receipt of the returned PRODUCT, and in exchange of the returned PRODUCT by the CUSTOMER at the following address 35 Ave. Marin - 94500 Champigny-sur Marne - France.

The action resulting from a hidden defect must be intended by the Customer within two (2) years from discovery of the hidden defect.

The SELLER shall not be held responsible in the case where the contractual obligations of the CUSTOMER are not executed or wrongly executed, especially during the execution of the order.

The SELLER shall not be held responsible, for any delay or failure in the case or this delay or failure is due to a major force as defined by the jurisprudence of courts and French courts.

It’s also specified that the SELLER does not control the websites directly or indirectly linked to WEBSITE. In consequence, all information published on these websites are not under the responsibility of the WEBSITE. The links to third party WEBSITES are only provided for information and no warranties are given about their content.

The SELLER collects personal data about its customers on the WEBSITE, including through cookies. CUSTOMERS can deactivate cookies by following the instructions provided by their browser.

The data collected by the SELLER are used to process orders placed on the WEBSITE, manage the account of the CUSTOMER, analyze orders and, if the CUSTOMER has chosen this option, send him prospecting emails, newsletters, promotional offer and / or information about special sales, unless the CUSTOMER does not wish to receive such communications from the SELLER.

The data of the CUSTOMER are confidentially retained by the SELLER in accordance with his declaration to the CNIL, for the purposes of the contract, its execution and in compliance with the law.                                            

CUSTOMERS may unsubscribe at any time by accessing their account by clicking on the hyperlink dedicated at the bottom of every offer received by email.

Data can be, in whole or partially, communicated to the providers of the SELLER involved in the order process. For commercial purposes, the SELLER may transfer to his business partners, the names and details of his CUSTOMERS, in the case where they have given their consent during the registration on the WEBSITE.

The SELLER will specifically ask his CUSTOMERS if they want their personal data disclosed. CUSTOMERS may change their mind at any time on the WEBSITE or by contacting the SELLER.

The SELLER may also ask his CUSTOMERS if they want to receive commercial offers from his partners.

In accordance with the Law No. 78-17 of 6 January 1978, relating to data files and freedoms, the Customer has a right to access, rectify, oppose (for legitimate reasons) and delete his personal data. He can exercise this right by sending an email at: infos@fire-design.fr or by sending a letter to Fire design, 35, Marin Avenue - 94500 Champigny-sur-Marne - France.

It’s stated that the Customer must prove his identity, either by scanning an ID or by sending a photocopy of his identity card to the SELLER.

The SELLER provides to the CUSTOMER a "Customer Phone service" at the following number: 01.48.86.68.60 (no premium-rate number).

Any written complaint of the CUSTOMER must be sent to the following address: 35, Marin Avenue - 94500 Champigny-sur-Marne - France.

All the visuals and sound elements of the WEBSITE, including the underlying technology used, are protected by a copyright, trademark law and / or patents.

These elements are the exclusive property of the SELLER. Any person who publishes a WEBSITE and want to create a hyperlink directly to the WEBSITE must request the written authorization from the SELLER.

This authorization of the SELLER will not be granted permanently. The link must be removed at the request of the SELLER. Hypertext links to the WEBSITE using techniques like framing or inline linking are strictly prohibited.

Any change in the law, in the applicable regulations or a decision of a competent court invalidating one or more clauses of these Terms and conditions shall not affect the validity of these Terms and conditions.

This modification or decision does not allow the CUSTOMER to ignore these Terms and conditions.

All conditions not specifically addressed herein shall be governed in accordance with the use of the sector in particular, for companies which have their headquarters located in France.

These Terms and conditions apply to all purchases made online on the WEBSITE, as long as the WEBSITE is available online.

The Terms and conditions are dated accurately and may be modified and updated by the SELLER at any time. The applicable Terms and conditions are those in effect at the time of the order.

Changes on these Terms and conditions shall not apply to previously purchased PRODUCTS.

These Terms and conditions and the relationship between the CUSTOMER and the SELLER shall be governed by French law.

In case of dispute, the French courts will be competent.

However, before any recourse to arbitration or state judge, the trading in a spirit of loyalty and good faith will be privileged to reach an amicable agreement during the occurrence of any dispute relating to this contract, including on its validity.

The party wishing to implement the negotiation process must inform the other party by a registered letter with acknowledgment of receipt stating the elements of the conflict. If after a period of fifteen (15) days, the parties were unable to agree, the dispute shall be submitted to the competent court hereafter.

During the negotiation process and until its conclusion, the parties shall not pursue any legal action against each other or linked to the object of the conflict negotiation. Exceptionally, the parties are permitted to enter the jurisdiction of the Court or request the issuance of an order upon request.

An action before the court or the implementation of a procedure upon request does not result of the waiver of the clause amicable arrangement, unless it’s clearly expressed.

Cancellation principle

The CUSTOMER has by principle the right to return the PRODUCT to the SELLER or to a person designated by the latter, without excessive delay and no later than fourteen (14) days after the notification of his decision to withdraw, unless if the SELLER offers to collect the PRODUCT himself.

Withdrawal period

The withdrawal period will expire fourteen (14) calendar days after the day the CUSTOMER or a third party other than the delivery company, takes physically possession of the PRODUCT.

In the case where the CUSTOMER has ordered several PRODUCTS via one order with several DELIVERIES (or in the case of an order of a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) calendar days after the day the CUSTOMER or a third party other than the delivery company, takes physically possession of the PRODUCT

Notification of withdrawal

To exercise his right of withdrawal, the Customer must notify its decision to withdraw from this contract by an unequivocal statement to: Fire design - 35 Marin Avenue - 94500 Champigny-sur Marne - France or info@fire-design.fr.

It can also use the form below:

In order to respect the withdrawal period, the Customer must send its communication on the exercise of the right of withdrawal before the expiration of the withdrawal period.

Effects of withdrawal

In case of withdrawal from the CUSTOMER, the SELLER agrees to refund the full amount paid, including the shipping charges without undue delay, and in any case, no later than fourteen (14) days after the day the SELLER is notified by the CUSTOMER to his wish to retract.

The SELLER will refund the CUSTOMER by the same method of payment used for the initial transaction, unless if the CUSTOMER expressly want to be refunded by a different method. In any case, this reimbursement does not cost any fees for the customer.

The SELLER may differ the reimbursement until the receipt of the goods or until the Customer has provided evidence of the PRODUCT shipment. The selected date being the first of these two options.

Return Policy

CUSTOMER must without undue delay, and in any case, no later than fourteen (14) days after the day the SELLER is notified by the CUSTOMER to his wish to retract, return the property to: Fire design - 35 Marin Avenue - 94 500 Champigny-sur Marne - France.

This deadline is met if the CUSTOMER returns the PRODUCT before the end of the fourteen-day period.

Return fees

The CUSTOMER will have to pay the direct costs of the return of the goods.

Condition of the returned property

The PRODUCT must be returned in accordance to the instructions of the SELLER and contain all delivered accessories.

The responsibility of the CUSTOMER is only engaged in the case where the depreciation of the PRODUCT results from a manipulation other than those necessary to establish the nature, the characteristics and good working of the PRODUCT. In other words, the CUSTOMER has the possibility to test the PRODUCT but his responsibility could be engaged if he performs other manipulation than those necessary.

Packaging

The PRODUCTS are packed in accordance with the current transport standards, to ensure a maximum protection for the PRODUCTS during the DELIVERY. The CUSTOMER must follow the same standards when he returns the PRODUCTS.Therefore, the CUSTOMER is asked to return the PRODUCT in its original packaging and in good condition, ready to be sold. 

Exclusions of the withdrawal right:

The right of withdrawal is excluded in the following cases:

• The supply of goods or services for which the price depends on fluctuations in the financial market

• The supply of goods made with specifications or clearly personalized by the CUSTOMER

• The supply of goods which have lots of risks to become damaged or to expire rapidly

• The supply of sealed audio or video recordings, software which were unsealed after the delivery

• Newspaper, periodical, magazine (except subscription contract)

• The supply of accommodation other than for residential purpose, transport of goods, car rentals, restoration or linked to leisure activities, if the offer provides a specific date or execution period

• The supply of goods which are by nature, inseparably associated with other articles

• The supply of sealed goods which cannot be returned for health reasons and which have been unsealed by the CUSTOMER after the DELIVERY.

• The supply of alcoholic beverages with a price agreed during the conclusion of a contract, and with a delivery which can be ensured only after 30 days, and for which the value depends on fluctuations in the market out of control of the SELLER

• The supply of digital content not furnished dematerialized if the execution has begun with the express consent of the consumer, who has also recognized he will then lose his right of withdrawal

• The contracts concluded during a public auction

Delivery zone

The PRODUCTS offered can only be delivered on the TERRITORY.

It’s not possible to place an order for a delivery address located outside this TERRITORY.

The PRODUCTS are shipped to the delivery address(es) indicated by the Customer during the ordering process.

Delivery time

The delay to prepare an order and prepare the invoice, before shipping the PRODUCTS in stock, are listed on the WEBSITE. These delays do not include weekends or public holidays.

An email message will be automatically sent to the CUSTOMER at the time of the PRODUCTS shipment, provided that the email address in the registration form is correct.

Shipping & DELIVERY charges

During the ordering process, the SELLER indicates the CUSTOMER the possible periods and shipping options to purchase a PRODUCTS.

Shipping costs are calculated according to the method of delivery. These costs will be due by the Customer in addition to the price of purchased PRODUCTS.

The details of Delivery times and costs are detailed on the WEBSITE.

Terms and conditions of Shipping

The package will be delivered to the CUSTOMER against a signature and on presentation of an ID card.

In case of absence, a notice will be left to the CUSTOMER, to enable him to get his available package at his post office.

Problems of DELIVERY

The CUSTOMER is informed of the delivery date when he chooses the transporter, at the end of the online order process, before confirming the order.

It’s specified that the deliveries will be made within thirty (30) days. Otherwise, the CUSTOMER must give a notice to the SELLER to deliver within a reasonable time, and in case where the delivery is not ensured within that period, he would have the possibility to cancel the contract.

The SELLER must reimburse, without undue delay after the receipt of the termination letter, the CUSTOMER the total amount paid for the PRODUCTS, taxes and shipping included, by using the same method of payment used by the Customer to buy the products.

The SELLER is responsible until the delivery of the PRODUCT to the CUSTOMER. As a reminder, the CUSTOMER has a period of three (3) days to notify the transporter of the damage or partial loss recognized during the delivery.