To be a customer of the Site you must be a consumer, of legal age and with full legal capacity, and reside in one of the following countries: France, European Union (Germany, Belgium, Austria, Bulgaria, Croatia, Cyprus, Denmark, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia and Sweden), Switzerland, Venezuela, Russia, French Polynesia, Malta, Morocco, Algeria and Australia.
Customers must, upon placing their first order on the Site, open a customer account and complete an order form containing certain mandatory fields in order for their product order to be processed by MOD DESIGN S.A. / LOFT DESIGN BY…
The information you give to MOD DESIGN S.A. / LOFT DESIGN BY…when opening your customer account or upon any order you may place must be complete, accurate and up to date. We may, if applicable, ask you to confirm – by any means – your identity and the information given.
MOD DESIGN S.A. / LOFT DESIGN BY…collects personal data on the Site. Such data is required for processing orders and may be communicated, in whole or in part, to our service providers involved in fulfilling the order.
Customers are informed that such personal data is also collected by bodies in charge of analyzing orders and fighting against credit card fraud.
In accordance with Act no. 78-17 of January 6, 1978 on automated data processing, files and civil liberties, you have a right to access, modify, correct, oppose and delete personal data concerning you. You may exercise this right by sending an email to: email@example.com
Customers are also informed that, out of a concern with fighting Internet fraud, a check will be carried out with the competent banks and credit card companies via the Ogone S.A. system.Ogone S.A. is in charge of the storage and automated processing of information for all orders, including credit card details, in a secure environment.With respect to any data processing operations carried out by Ogone S.A., customers may exercise their right to access, modify, correct, oppose and delete personal data concerning them by sending a letter, accompanied by proof of their identity, to: Ogone SAS, 5 rue de Rochechouart, 75009 Paris, France.
2 – THE PRODUCTS
The products offered for sale are those featured on the Site. MOD DESIGN S.A. / LOFT DESIGN BY… makes every effort to accurately present and describe the products, subject to technical constraints and in accordance with the highest standards on the market.It is, however, possible that the Site may contain minor errors, which you recognize and accept.In the event of any non-compliance of the product delivered with its description on the Site, MOD DESIGN S.A. / LOFT DESIGN BY…agrees to remedy such non-compliance: you may either exercise your right of cancellation, or , implement our warranty of merchantability.
If the products ordered are no longer available, we will inform you by e-mail as promptly as possible and refund the price paid by you by crediting the credit card or the gift certificate used to make payment (link to gift certificate to be added).
3 – ORDERING PRODUCTS
The steps :
The acceptance of orders placed on the Site is subject to compliance with the procedure set up by MOD DESIGN S.A. / LOFT DESIGN BY…This takes the form of a series of succeeding screen pages indicating the steps to be taken by customers to validate their order.
You will have the possibility, before final validation of your order, to verify your order details and the total price, and to correct any possible errors, before confirming it and expressing your acceptance.
Verification of the order :
We are entitled, so as to fight against parallel marketing of our products, to refuse any order exceeding the number of authorized products: i.e., 10 products, within a limit of a maximum of two identical products ordered.
We are also entitled to refuse any order made by a customer with whom a dispute exists in connection with the payment of a former order as well as any order that is not compliant with these general terms of sale.
In such cases, we will inform the customer by phone or by e-mail. Unless the customer contacts us to correct the error or the non-compliance with these general terms of sale, we reserve the right not to process the order.
Order confirmation :
Once you have validated your order, LOFT DESIGN BY… will promptly confirm receipt by sending you an e-mail to the address provided to us. In that aim, you formally accept the use of e-mail by LOFT DESIGN BY.. to confirm the content of your order.
This confirmation e-mail will include all of the information provided by you, as well as the accepted price and terms of payment with an indication, as the case may be, of any possible difficulties or reservations in respect of the order. For each product, you will also receive, upon delivery, written confirmation of the price paid and of the shipping costs applicable to you.
For orders placed on the Site, it is recommended that you keep a copy (in electronic format and/or in paper format) of the details in connection with your order (for example, the confirmation e-mail sent by LOFT DESIGN BY…).
4 – TERMS AND CONDITIONS OF PAYMENT
The prices displayed on the Site are in Euros, VAT included, shipping excluded.
The prices invoiced to customers are those applicable on the date of the order.
The total amount of the shipping costs of products ordered will be calculated as per the schedule below. This amount will be indicated on the Site to you before you accept your order and will also be indicated in the confirmation e-mail we will send you, as well as in the delivery slips.
Shipping costs and delivery delays :
Metropolitan France, including Monaco and Corsica : 2 to 5 delivery delays. Zone 1 to 3 : 10 days delivery delay. Maximum delay = 30 days.
ZONE 1: UK, U.E, Switzerland, French-overseas
ZONE 2: Russia, Egypt, Algeria, Marocco, French Polynesia
ZONE 3: Australia, Venezuela, South Corea & China
Orders exceeding 150 € = free delivery (only for zone 1 & 2)
Zone 3 : Free shipping until 200euros purchase
For any useful purposes this may avail, a notice concerning the payment of extra costs in case of requested delivery outside the territory of the European Union will be clearly displayed on the Site to any customer indicating a delivery address outside the territory of the European Union.
Payment of the total price of the products and shipping costs may be made by credit card or by gift certificate.
For payments by credit card, the customer must be the holder of the credit card used, access a dedicated space made available by a banking establishment which ensures the security and recording of the payment order.
Payments by check are not accepted.
If, for any reason (opposition, refusal by the issuing centre, etc.), it is not possible to debit the amounts owed by you, your order will not be registered by LOFT DESIGN BY.
5 – DELIVERY
LOFT DESIGN BY… will make delivery to the address you give in your order, it being specified that this must be your place of residence or that of any other individual of your choice residing in one of the following territories: metropolitan France, Germany, Belgium, the Netherlands, Luxembourg, Italy, Spain, Austria, Denmark, Ireland and Portugal, Finland, Sweden and Switzerland.
Once the order is confirmed, you will no longer be able to change the delivery address.
Deliveries will not be made to hotels or PO boxes. You will be able to monitor your packages using a tracking number that will be e-mailed to you when your order ships out.
For the countries listed above that are outside the European Union (i.e.: Switzerland and Norway), you are responsible for payment of all customs duties, taxes and other official charges as well as the costs of carrying out the customs formalities required based on the import of products into the country where delivery is requested.
In the territories listed above, deliveries will be made within 5 business days for France and 10 business days for other countries listed above, from the placing of the order. To ensure these lead times can be met, you should check that you have provided complete and accurate information concerning the delivery address (such as, inter alias, road number, building number, staircase number, access codes, names and/or interphone numbers, etc.). Inaccurate information may result in longer delivery times or re-shipments.
In the territories listed above outside the European Union, it is recalled that delivery may be delayed for so long as customs formalities and duties have not been carried out or paid by you, and you agree to this.
6 – RIGHT OF CANCELLATION DURING COOLING-OFF PERIOD :
Customers have a right of cancellation, without having to indicate the reasons for such cancellation, within a cooling-off period of seven (7) clear days from receipt of the products ordered.
To simplify the exercise of this right of cancellation, LOFT DESIGN BY… asks customers to notify it by any means, including by logging onto the «My Account» section of the Site, , onto «Notify a product return». You should specify whether you wish a refund or a product exchange (same product in a different color and/or in a different size).
Customers also have the possibility of contacting our customer service department by e-mail: firstname.lastname@example.org for any additional information.
Products must be returned in perfect condition, complete (together with any accessories, notice, warranty etc.), accompanied by a copy of the documents attached to the order, to the following address: LOFT DESIGN BY…. / S.A. MOD DESIGN, 22 avenue de la Grande Armée 75017 PARIS FRANCE.
No refunds will be made for products that are returned incomplete, damaged, altered, deteriorated or soiled as a result of the customer.
Customers are responsible for the cost and the safe return of the product. We recommend that customers keep proof of the return, implying a return by registered letter or by any other means which provides a record of the date of delivery.
Unless you have opted for a product exchange (another size and/or another color), we will refund you for the full price invoiced (cost of initial shipment included) for the products returned, by crediting the credit card or the gift certificate used by you, no later than thirty days following the date of exercise of the right of cancellation. However, in case of partial exercise of the right of cancellation covering only a portion of an order comprising several products, LOFT DESIGN BY… will not be able to make a full refund of the shipping costs initially billed to you.
ARTICLE 7 - WARRANTIES :
The prices invoiced to customers are those applicable on the date of the order. Customers are invited to ensure that the products delivered to them correspond to their order. Any duly justified non-compliance of a product with its order should be notified to LOFT DESIGN BY…. by any means, such as by logging onto the «My Account» or «Contact Us» section of the Site, , on «Notify a product return», before being sent back to us in perfect condition and complete (accessories, notice, warranty etc) and accompanied by a copy of the documents attached to the order, to the following address: LOFT DESIGN BY…. / S.A. MOD DESIGN, 103 RUE LAFAYETTE 75010 PARIS FRANCE.
If it is not possible to exchange the returned product, a refund of the total price invoiced (price of the non-compliant products and shipping costs) as well as the costs of the return will be made, by crediting your credit card or gift certificate, no later than thirty (30) days following receipt by LOFT DESIGN BY…of the returned products.
Regardless of any specific warranty terms extended to customers with the product delivered, all LOFT DESIGN BY…products sold on the Site are subject to the following statutory warranties :
Article L.211-4 of the French Consumer Code :
«The vendor is required to deliver a product that complies with the contract and shall be liable for any non-compliances existing upon delivery. The vendor shall also be liable for non-compliances resulting from the packaging, the assembly or installation instructions where the vendor is liable under the contract for assembly/installation or where it was carried out under the vendor’s responsibility.»
Article L.211-5 of the French Consumer Code :
«To comply with the contract, the product must: 1. Be fit for the use normally expected of an item of its type and, where appropriate: correspond to the description given by the vendor and have all the qualities presented to the purchaser by the vendor in the form of a sample or model; have the qualities that a purchaser can legitimately expect given the public statements made by the vendor, producer or his representative, in particular in advertising or labeling; or 2. Have the characteristics defined by mutual agreement by the parties or be fit for all special uses sought by the purchaser which the vendor was made aware of and accepted."
Article L.211-12 of the French Consumer Code :
«Legal action based on non-compliance is time-barred two years after the delivery of the product.»
Article L.211-13 of the French Consumer Code :
«The provisions of this section do not deprive the purchaser of the right to bring an action on account of redhibitory defects as provided for in Articles 1641 through 1649 of the Civil Code or any other action of a contractual or extracontractual nature to which the purchaser is entitled under the law.»
Article 1641 of the Civil Code :
«The vendor is subject to the warranty against hidden defects in the sold product rendering it unfit for its intended use, or which so impair such use that the purchaser would not have bought it or would have paid a lower price, had the purchaser been aware of the defect(s)».
Article 1648 (1) of the Civil Code :
«The action based on redhibitory defects must be brought by the purchaser within a period of two years following discovery of the defect.»