General conditions of sale for individuals and professionals

ARTICLE 1 – SCOPE
These General Terms and Conditions of Sale (known as «GTS») apply, without restriction or reservation, to all sales concluded by the
Seller with non-professional or professional buyers («Customers»), wishing to acquire the products offered for sale (“The Products”) by
the Seller on the site www.studioebur.com.
The Products offered for sale on the site are objects and furniture.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the
Products, are presented on the site www.studioebur.com which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are within the limits of available stocks, as specified when placing the order.
These T&Cs are accessible at any time on the www.studioebur.com website and will prevail over any other document.
The Customer declares to have read these GCS and to have accepted them by ticking the box provided for this purpose before the
implementation of the online ordering procedure of the www.studioebur.com site.
Unless proven otherwise, the data recorded in the Seller’s computer system constitute
proof of all transactions concluded with the Client.
The Seller’s contact details are as follows:
EBUR, SAS
Share capital of 1000 euros
Registered with the Paris RCS, under number B 914 227 798
53 rue doudeauville
Email: ebur@eob.kyv.mybluehost.me
Phone: 0778191462
Intra-community VAT number FR64914227798
The Products presented on the www.studioebur.com website are offered for sale anywhere in the world.
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
Any order made on the Site entails the Buyer’s unreserved acceptance of these conditions. These general conditions may be modified at
any time and without notice by EBUR, the applicable conditions being those in force on the date of the order by the Purchaser.
ARTICLE 2 – PRODUCTS AND COMPLIENCE
The Buyer has for each article a descriptive sheet of the article comprising the essential characteristics (dimensions, materials, weight,
certifications if necessary).
Elements such as in particular photographs, texts, graphics as well as all the information and characteristics illustrating and/or accompanying the articles are not contractual, which the Buyer acknowledges.
ARTICLE 3 – PURCHASER’S OBLIGATION
The Buyer undertakes to communicate to EBUR the actual and necessary information for the transaction subject of these conditions as
requested online and according to his situation, in particular his surname, first name, address, telephone and valid email. .
The Buyer is responsible for the consequences resulting from false or inaccurate information transmitted or the recovery of which would
be unlawful.
ARTICLE 4 – PRICE AND AVAILABILITY
The Products are supplied at the current prices listed on the website www.studioebur.com, when the order is registered by the Seller.
The prices are expressed in Euros, all French taxes included (French VAT and other taxes that may be applicable) as well as packaging
costs, excluding shipping costs, taxes or customs duties for international orders.
These prices are firm and non-revisable during their period of validity but EBUR reserves the right, outside the period of validity, to modify the prices at any time.
Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated
on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
The buyer will have to find out about the additional taxes in force in the event of an international order. EBUR will in no way be responsible for additional costs excluding French VAT.
The items put online are offered for sale within the limits of available stocks, or to order. EBUR informs the Buyer of the availability of the
items sold on the Site and of the delivery times when confirming the order.
If the Buyer has ordered a product that is no longer available for order or is no longer in stock, EBUR will inform the buyer by email and
he can either choose to be reimbursed automatically within 30 days, or select another item of similar value by accepting the deadlines
in force for the new item in question.
No right to compensation or damages will be granted to the Buyer in the event of unavailability of the article ordered.
ARTICLE 5 – ORDERS
Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated
on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
The buyer will have to find out about the additional taxes in force in the event of an international order. EBUR will in no way be responsible for additional costs excluding French VAT.
The items put online are offered for sale within the limits of available stocks, or to order. EBUR informs the Buyer of the availability of the
items sold on the Site and of the delivery times when confirming the order.
If the Buyer has ordered a product that is no longer available for order or is no longer in stock, EBUR will inform the buyer by email and
he can either choose to be reimbursed automatically within 30 days, or select another item of similar value by accepting the deadlines
in force for the new item in question.
No right to compensation or damages will be granted to the Buyer in the event of unavailability of the article ordered.
ARTICLE 6 – PAYMENT TERMS
The price is paid by secure payment. Payment will be made exclusively by credit card.
The price is payable in cash by the Customer in full, and the amount is debited immediately from the bank card entered after all the
necessary checks with the banking organization concerned and receipt of the debit authorization from the latter.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking
transactions carried out on the www.studioebur.com site.
Payments made by the Customer will only be considered final after effective collection by the Seller of the sums due. The Seller will not
be required to deliver the Products ordered by the Customer if the latter does not pay the full price under the conditions indicated above.
In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is
irrevocable. By communicating the information relating to his bank card, the Buyer authorizes the Seller to debit his bank card for the
amount corresponding to the all-inclusive price.
To this end, the Buyer confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his. The customer communicates the sixteen digits and the expiry date of his credit card as well as, where applicable, the numbers
of the visual cryptogram.
In the event that the debit of the all-inclusive price is impossible, the online sale will immediately be automatically resolved and the order
will be cancelled.
ARTICLE 7 – SHIPPING, EXCHANGES AND RETURNS
SHIPPING
Objects and furniture purchased on studioebur.com are packed in packages that we have designed with the greatest care. Fragile
objects are protected accordingly so that they are intact upon delivery. Orders to the European Union are shipped with United Parcels
Service (UPS). We make every effort to respect the delivery times indicated for each object and furniture. Most of our objects are made
to order or pre-order, so it takes several weeks to produce. However, for items that we have in stock, we do our best to send your orders
as quickly as possible within 4 to 5 days.
If you have any special requirements or questions regarding the shipment of your EBUR order, we invite you to contact us at customers@
studioebur.com.
The items are shipped with the delivery note, to the delivery address indicated by the Buyer when ordering.
In the event of late delivery, the order is not cancelled. EBUR informs the Buyer by email that the delivery will take place with a delay. In
order for these deadlines to be respected, the Buyer must ensure that he has communicated exact and complete information concerning
the delivery address such as the street number, building, staircase, access codes, intercom names and/or numbers, floor, etc. EBUR cannot be held responsible for the consequences due to a delay in delivery if proof is provided that the non-performance or poor performance of the contract is attributable either to the Buyer, or to the unforeseeable and insurmountable fact of a third party to the contract,
or a case of force majeure.
In the event of delivery requiring an appointment to be made with the Purchaser, EBUR shall not be liable for any delay or impossibility
of delivery due to the repeated unavailability of the Purchaser.
The delivery of the products will take place at the address indicated by the Buyer, on the ground floor only, by means of a vehicle that
can reach the size of a semi-trailer type truck. Additional charges may apply for upstairs delivery. By validating his order, the Buyer
undertakes to guarantee the accessibility of the place of delivery to the vehicle defined above and to be present on the day and at the
time fixed for delivery.
To this end, the Buyer also undertakes to provide a valid telephone number and accepts that this number be communicated to the carrier
in order to agree on the date and time of delivery.
INTERNATIONAL SHIPPING
Orders to international destinations outside the European Union are shipped with UPS. For delivery to international destinations outside
of the European Union, the shipping charges shown at checkout on studioebur.com do not include any customs duties, taxes, or other
additional charges that may be applied to the shipment. when entering the order. These additional charges must be borne by the
customer. EBUR is not responsible for any duties, taxes or other charges that may be applied to international shipments. Please take into
consideration any duties, taxes or other potential charges that may apply for destinations outside the European Union. All orders shipped from studioebur.com to destinations outside the European Union will be shipped with a commercial invoice.
RIGHT OF WITHDRAWAL / REFUNDS AND EXCHANGES
According to the terms of article L221-18 of the Consumer Code “For contracts providing for the regular delivery of goods during a
defined period, the period runs from the receipt of the first good. » The right of withdrawal must be unambiguous, expressing the will to
withdraw by email to the address customers@eob.kyv.mybluehost.me
EBUR objects and furniture are made to order or in small series with care in artisanal workshops. We do not offer returns for refunds.
However, we can offer a credit note valid for 1 year or an exchange with another item of identical value. To make a return for exchange, please email customers@eob.kyv.mybluehost.me. Please note that all returns for exchange must be made within 14 days of delivery of
your original purchase. Items must be returned in their original and unused condition. You will need to send photos of the item and the
packaging to customers@eob.kyv.mybluehost.me for validation before return. Once the return has been validated by EBUR, we will send you
a return form with all the necessary information. If the return notification has not been received by EBUR within 7 days of receipt of an
email from customers@eob.kyv.mybluehost.me authorizing the return, the return will be considered cancelled. Customers are responsible for all
additional shipping costs associated with returning and exchanging products.
In the event of an exchange for an item of lesser value, the difference will be returned in the form of a credit note valid for one year on
the studioebur.com site. Please ensure that your return shipment is carefully packaged to ensure its safe return. Items must be returned in
their original package. EBUR will not be responsible for damages incurred during return shipment, and we will not exchange or offer
credit on items returned in what we deem to be damaged and unsellable.
DAMAGED OR MISSING ITEMS
If you receive your package damaged or your order is not complete, please email customers@eob.kyv.mybluehost.me within 24 hours of
delivery with photos of the order to let us know. If an item is damaged during shipment, EBUR will provide you with a full replacement,
exchange or refund. We may refuse to replace, exchange or refund damaged or missing items if you do not notify us within 24 hours of
delivery.
We remind you that the transfer of risk takes place when the buyer or the person designated by the buyer receives the package. You
must therefore unpack the package in the presence of the delivery person to check its condition.
If the items are damaged or missing, the buyer must notify it on the delivery note.
DELIVERY TIME
Items sold on the EBUR Site are mostly made to order. Manufacturing and delivery times are generally several weeks. When an item is
in stock, we strive to deliver it within 4 to 5 working days to the address indicated by the Customer when ordering on the site.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above.
If the delivery time of the products ordered exceeds the time initially planned by more than 8 weeks, the customer may cancel the order.
For any other cause than force majeure or the act of the Customer, the sale may be canceled at the Customer’s written request under
the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be
returned to him no later than fourteen days following the date of termination of the contract, excluding any
compensation or retention.
ARTICLE 8 – TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from the Seller to the Customer will only be made after full payment of the price by the latter,
regardless of the date of delivery of the said Products.
ARTICLE 9 – FORCE MAJEURE
In the event of the occurrence of an event of force majeure, the party concerned must inform the other within fifteen (15) days of the
occurrence of this event, by registered letter with acknowledgment of receipt.
Expressly, are considered as cases of force majeure or fortuitous event, the cases usually retained by the jurisprudence of the French
courts and tribunals. All of the obligations of the parties will be suspended for the duration of the force majeure event, without compensation.
If the force majeure event continues for more than three (3) months, the contract concerned may be terminated automatically without
compensation for either party.
ARTICLE 10 – WARRANTIES AND LIABILITY
EBUR cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service,
an external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance to law and case law.
The Products supplied by EBUR benefit from:
– the legal guarantee of conformity, for Products that are defective, spoiled or damaged or that do not correspond to the order,
– the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered
and rendering them unfit for use,
ARTICLE 11 – PROVISIONS RELATING TO LEGAL GUARANTEES
Article L217-4 of the Consumer Code
“The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has
been charged to him by the contract or has been carried out under his responsibility. »
Article L217-5 of the Consumer Code
“The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample
or model;
– if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer,
brought to the seller’s attention and which the latter has accepted. »
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
Article 1641 of the Civil Code.
«The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is
intended, or which so diminish this use that the buyer would not have acquired it, or I would have paid a lesser price for them, if he had
known them. »
Article 1648 paragraph 1 of the Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
Article L217-16 of the Consumer Code.
«When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or
repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to
the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for
repair of the property in question, if this provision is subsequent to the request for intervention. »
In order to assert his rights, the Customer must inform the Seller, in writing (email or post), of the non-compliance of the Products or of
the existence of hidden defects from the time of their discovery. The Seller will reimburse, replace or have repaired the Products or parts
under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of receipts.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest
within 30 days of the Seller’s finding of the lack of conformity or the hidden defect. This refund can be made by bank transfer or check.
The responsibility of the Seller cannot be engaged in the following cases:
– non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,
– in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of
normal wear and tear of the Product, accident or force majeure.
– The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.
The Seller’s warranty is, in any event, limited to the replacement or reimbursement of non-compliant Products or Products affected by a
defect.

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