General terms and conditions of sale
Preamble
The present general conditions of sale apply to all sales concluded on the Folly Walls website.
The website https://follywalls.com is a service of :
RL DECOR ET SERVICES located 427 Bis Route de Conflans, 95220 Herblay,
URL address of the site: https://follywalls.com
e-mail: contact@follywalls.com
telephone: 01 30 26 10 40
The website Folly Walls commercializes the following products Interior decoration and renovation products.
The customer declares to have taken knowledge and to have accepted the general conditions of sale before the placing of his order. The click of validation of constitutes an electronic signature which has between the parts the same value as a handwritten signature and is thus worth acceptance of the general conditions of sale.
These general conditions of sale can be consulted by the buyer at any time, simply by clicking on the heading "General conditions of sale" in the footer present on all the pages of the Folly Walls site.
Article 1 – Principles
The present general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reserve.
The present general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or by means of other distribution and marketing circuits.
They are accessible on the Folly Walls website and will prevail, if necessary, over any other version or any other contradictory document.
The seller and the buyer agree that the present general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the customs in force in the sector of the remote sale whose companies have seat in France.
The present general conditions of sale are valid until December 31, 2023.
Article 2 - Content
The present general conditions have for object to define the rights and obligations of the parts within the framework of the on-line sale of goods proposed by the salesman to the buyer, from the website Folly Walls.
The present conditions only concern the purchases made on the Folly Walls website and delivered exclusively in France. For any delivery in Corsica, in the DOM-TOM or abroad, it is advisable to address a message to the following e-mail address: contact@follywalls.com.
These purchases concern the following products: Products of decoration and interior renovation.
Article 3 - Pre-contractual information
The buyer acknowledges having been informed, prior to the placing of his order and the conclusion of the contract, in a legible and comprehensible manner, of the present general conditions of sale and of all the information listed in article L. 221-5 of the consumer code.
Are transmitted to the buyer, in a clear and understandable way, the following information :
- the essential characteristics of the good;
- the price of the good
- and, if necessary, all additional costs of transport, delivery or postage and all other possible charges due.
- in the absence of immediate performance of the contract, the date or period within which the seller undertakes to deliver the goods, regardless of their price;
- information relating to the identity of the seller, its postal, telephone and electronic contact details, and its activities, those relating to the legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions.
Article 4 - The order
The buyer has the possibility to place his order online, from the online catalog and using the form that appears, for any product, within the limits of available stocks.
The buyer will be informed of any unavailability of the product or good ordered.
In order for the order to be validated, the buyer must accept, by clicking where indicated, the present general conditions. He will also have to choose the address and the mode of delivery, and finally validate the mode of payment.
The sale will be considered final :
- after the sending to the buyer of the confirmation of the acceptance of the order by the salesman by electronic mail;
- and after collection by the seller of the full price.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will intervene within the framework of a possible exchange and guarantees mentioned below.
In certain cases, notably non-payment, erroneous address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any question relating to the follow-up of an order, the purchaser must call the following telephone number: 01 30 26 10 40 (cost of a local call), during the following days and hours: from Monday to Friday, from 9:00 am to 5:00 pm, or send an e-mail to the seller at the following e-mail address: contact@follywalls.com
Customers are advised to store or print a copy of the order form until they receive the order confirmation e-mail from Folly Walls.
As this is an online offer, subject to the vagaries of transmission via the Internet, it is only valid immediately and subject to acceptance of the order by Folly Walls and its financial partner in charge of the online payment.
Folly Walls reserves the right to cancel or refuse any order from a customer with whom there is a dispute concerning the payment of a previous order.
Article 5 - Electronic signature
The on-line supply of the buyer's credit card number and the final validation of the order will be worth proof of the buyer's agreement:
- Payability of the sums due under the purchase order,
- signature and express acceptance of all operations carried out.
In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is noticed, to contact the seller at the following phone number: 01 30 26 10 40, or at the following email address contact@follywalls.com:
Article 6 - Proof of the transaction
The computerized registers, kept in the computer systems of the seller in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is made on a reliable and durable support that can be produced as evidence.
Article 7 - Information on the products
The products governed by these general conditions are those that appear on the seller's website and that are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the responsibility of the seller could not be engaged.
The photographs of the products are not contractual.
Article 8 – Price
The seller reserves the right to modify its prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to availability on that date.
The prices are indicated in euros. They do not take into account the delivery costs, invoiced in supplement, and indicated before the validation of the order, except if the customer commits himself to come to withdraw his order at the address of the offices of Folly Walls located at RL DECOR at 427 Bis route de Conflans -95220 Herblay and opened from Monday to Friday from 9H00 to 12H00 and from 14H00 to 17H00.
The prices take into account the VAT applicable to the day of the order and any change of the applicable rate VAT will be automatically reflected on the price of the products of the online store.
If one or more taxes or contributions, in particular environmental, were to be created or modified, in rise as in fall, this change could be reflected on the selling price of the products.
Article 9 - Method of payment
This is an order with payment obligation, which means that the placing of the order implies a payment of the buyer.
To pay his order, the buyer has, at his choice, all the payment methods made available by the seller and listed on the site of the seller. The purchaser guarantees to the salesman that he has the authorizations possibly necessary to use the method of payment chosen by him, at the time of the validation of the purchase order. The seller reserves the right to suspend any order processing and any delivery in case of refusal of authorization of payment by credit card from the officially accredited organizations or in case of non-payment. The seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not paid in full or in part a previous order or with whom a payment dispute is being administered.
The payment of the price is made in full on the day of the order, according to the following methods:
- by credit card or bank transfer
Article 10 - Availability of products - Refund – Resolution
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the homepage of the site, the shipping times will be, within the limits of available stocks, those indicated below. The shipping times run from the date of registration of the order indicated on the email confirmation of the order.
For deliveries in Metropolitan France and Corsica, the time is from 3 days to 2 weeks depending on the volume, from the day after the buyer has placed his order, according to the following modalities: by DPD or other transport providers. At the latest, the deadline will be 30 working days after the conclusion of the contract.
For deliveries to Corsica, DOM-TOM or another country, the delivery terms will be specified to the buyer on a case by case basis.
A delivery by pallet of 80*120 European size is possible: please contact Folly Walls at 01 30 26 10 40 during office hours (9am-12pm / 2pm-5pm).
When the customer orders several products at the same time and that they have different shipping times, the shipping time of the order is based on the longest time.
In case of non-compliance with the agreed delivery date or deadline, the buyer shall, before breaking the contract, request the seller to execute the contract within a reasonable additional period.
If the Seller fails to do so within such further period, the Buyer shall be free to terminate the contract.
The purchaser must complete these successive formalities by registered letter with acknowledgement of receipt or by a written document on another durable medium.
The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this termination, unless the professional has performed in the meantime.
However, the buyer may terminate the contract immediately if the dates or deadlines referred to above constitute an essential condition of the contract for him.
In this case, when the contract is cancelled, the seller is obliged to reimburse the buyer for the totality of the sums paid, at the latest within 14 days of the date on which the contract was cancelled.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.
Article 11 - Terms of delivery
The delivery means the transfer to the consumer of the physical possession or control of the good. The ordered products are delivered according to the modalities and the time specified above.
The products are delivered to the address indicated by the purchaser on the order form, the purchaser will have to take care of its exactitude. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the deliveryman will leave a notice of passage in the mailbox, which will allow to withdraw the parcel at the place and during the time indicated.
"11.1 Obligations of the recipient customer
It is the responsibility of the recipient customer to check that the goods are delivered complete and in good condition. He must check the number of packages received, whether they are the goods ordered and whether the goods are in good condition.
11.2 Reservations to be made upon delivery
If the customer notes anomalies, he is obliged to make precise reservations on the delivery note, in the presence of the deliveryman. It is imperative to quantify and qualify the goods by explaining the damage observed.
Example:
"Package 1: 2 pots of glue broken out of 3
"Package 2: 3 rolls missing out of 6, 1 roll damaged
In the case where no reservation has been notified on the delivery note on which the recipient customer has signed, he is deemed to have received the goods in good condition both in quantity and quality. No claim concerning a damage of delivery will be admissible.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any claim made outside this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions...). The return of these products will be exclusively at the expense of the customer.
Article 12 - Errors of delivery -
The purchaser must make any claim of error of delivery and/or non-conformity of the products in kind or in quality compared to the indications appearing on the order form to the seller on the day of delivery or at the latest on the first working day following delivery. Any claim made after this deadline will be rejected.
The complaint could be made, with the choice of the purchaser:
- telephone number: 01 30 26 10 40;
- e-mail address: contact@follywalls.com;
Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the purchaser.
With reception of the complaint, the salesman will allot a number of exchange of the product (S) concerned (S) and will communicate it by e-mail to the purchaser. The exchange of a product can only take place after the attribution of the exchange number.
In the event of error of delivery or exchange, any product to be exchanged or refunded will have to be turned over to the salesman as a whole and in its packing of origin, in Colissimo Recommandé, with the following address: 427 Bis Route de Conflans, 95220 Herblay.
The expenses of return are the responsibility of the salesman.
Article 13- Guarantee of the products
Legal guarantee of conformity and legal guarantee of hidden defects
Folly Walls is guarantor of the conformity of the goods to the contract, allowing the purchaser to formulate a request under the legal guarantee of conformity envisaged in articles L. 217-4 and following of the code of the consumption or the guarantee of the defects of the sold thing within the meaning of articles 1641 and following of the civil code. In case of implementation of the legal guarantee of conformity, it is recalled that :
- the buyer has a period of 2 years from the delivery of the goods to act;
- the buyer can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-17 of the Consumer Code;
- the buyer does not have to prove the non-conformity of the good during the 24 months following the delivery of the good in case of new goods.
In addition, it is recalled that :
- the legal guarantee of conformity applies independently of the commercial guarantee indicated below;
- the buyer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.
Article 14 - Right of withdrawal
Application of the right of withdrawal
In accordance with the provisions of the code of consumption, the purchaser has a period of 14 days from the date of delivery of his order, to return any item that does not suit him and ask for an exchange or refund without penalty, except for the cost of return which remains the responsibility of the buyer.
The returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing their remarketing in new condition, accompanied by the purchase invoice.
The damaged, soiled or incomplete products are not taken back.
The right of withdrawal can be exercised online, using the contact form available on this website. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to withdraw.
In case of exercising the right of withdrawal within the above-mentioned period, the price of the product(s) purchased and the delivery costs are refunded.
The return costs are at the buyer's expense.
The exchange (subject to availability) or refund will be made within 48 hours, and at the latest, within 14 days of receipt by the seller of the products returned by the buyer under the conditions provided above.
Only private customers can make use of the right of withdrawal.
Article 15 - Force majeure
All circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exemption from the obligations of the parties and shall result in their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the courts and French tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers, computer breakdowns, governmental and legal restrictions.
The parties will approach each other to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, the present general conditions may be terminated by the injured party.
Article 16 - Intellectual property
The content of the website remains the property of the seller, the only holder of the intellectual property rights on this content.
The buyers commit themselves not to make any use of this content; any total or partial reproduction of this content is strictly forbidden and is likely to constitute an offence of counterfeiting.
Article 17 - Data processing and freedom
The personal data provided by the buyer are necessary for the processing of his order and the establishment of invoices.
They can be communicated to the partners of the salesman in charge of the execution, the treatment, the management and the payment of the orders.
The processing of the information communicated through the Folly Walls website has been declared to the CNIL.
The buyer has a permanent right of access, modification, rectification and opposition concerning the information concerning him. This right can be exercised in the conditions and according to the methods defined on the Folly Walls website.
Article 18 - Partial non-validation
If one or more stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their scope.
Article 19 - Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party to any of the obligations referred to in these terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 20 - Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 21 - Language of the contract
The present general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
Article 22 - Mediation
The buyer can resort to a conventional mediation, in particular with the Commission of the mediation of consumption or with the existing authorities of sectorial mediation, or with any alternative mode of settlement of the disputes (conciliation, for example) in the event of dispute.
Article 23 - Applicable law
The present general conditions are subject to the application of French law. The competent court is the court of first instance for disputes of an amount less than or equal to €10,000 or the court of first instance for disputes of an amount greater than €10,000.
This is the case for the rules of substance as well as for the rules of form. In case of dispute or claim, the buyer will address in priority to the seller to obtain an amicable solution.
Article 24 - Protection of personal data
Collected data:
The personal data that are collected on this site are the following:
Account opening: during the creation of the user's account, his name, first name, e-mail address; telephone number; postal address;
Connection: when the user connects to the website, it records, in particular, his name, first name, connection data, use and location.
Profile: when using the services provided on the website, a profile is created, which may include an address and telephone number.
Payment: within the framework of the payment of the products and services offered on the website, no banking data are recorded by the site follywalls.com.
Communication: when the website is used to communicate with other members, the data concerning the user's communications are temporarily stored.
Cookies: cookies are used in the context of the use of the site. The user has the option of disabling cookies from the settings of his browser.
Use of personal data
The personal data collected from users is used to provide and improve the website services and to maintain a secure environment. Specifically, the uses are as follows:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organizing the conditions of use of the Payment Services;
- verification, identification and authentication of the data transmitted by the user;
- offering the User the possibility of communicating with other users of the Website;
- implementation of user assistance;
- personalization of services by displaying advertisements according to the user's browsing history and preferences;
- prevention and detection of fraud, malicious software and management of security incidents;
- management of possible disputes with users;
- sending commercial and advertising information, according to the user's preferences.
Sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the user uses the payment services, for the implementation of these services, the website is in relation with third party banking and financial companies with which it has contracts;
- when the user publishes, in the free comment areas of the website, information accessible to the public;
- when the user allows a third party's website to access his/her data;
- when the website uses service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data in order to provide these services and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;
- if required by law, the website may transmit data to follow up on claims against the website and to comply with administrative and judicial proceedings;
- if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In such a case, users will be notified before any personal data is transferred to a third party.
Security and Privacy
The website implements organizational, technical, software and physical measures for digital security to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.
Implementation of users' rights
In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by sending a request to the following address: contact@follywalls.com.
the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy.
the right of rectification: if the personal data held by the website are inaccurate, they can request the update of the information.
the right to the deletion of data: users may request the deletion of their personal data, in accordance with the applicable data protection laws.
the right to restrict processing: users may request the website to restrict the processing of personal data in accordance with the assumptions set out in the GDPR.
the right to object to the processing of data: users may object to their data being processed in accordance with the assumptions provided for by the GDPR.
the right to portability: they can request that the website gives them the personal data provided to it in order to transmit them to a new website.
Evolution of the present clause
The website reserves the right to make any changes to this privacy policy at any time. In the event of a change to this data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by e-mail at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he/she has the possibility to delete his/her account.