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This is an automated translation of the original and legally binding French version of our terms and conditions. If anything is unclear, please contact us and we will gladly clarify.Rest assured that we are a honest family-owned business and put customer satisfaction as the highest priority, and our terms & conditions are fair and usual. However please keep in mind that since we will be producing your custom furniture exclusively for you based on the specifications you set in the configurator, returns are not possible and there can not be any cooling off period.
01-Item
The terms of sale are completed by an ARYGA company with a capital of 5000 euros, publisher of the site "Aryga", whose registered office is located at 16 route Manon, 60560 Orry La Ville, controlled 530695154 hereinafter referred to as "Aryga" or "seller" or "something else", by any, your person or your morale do you want these tools to be offered by the site "Aryga" or buy a purchase via this site, hereinafter called "buy "or" the customer ".
The use of the software tools offered by the site "Aryga" or the acquisition of a good or a service offered on this site imply an unconditional acceptance by the buyer of these conditions of use and sale. These conditions prevail over all other general or special terms and conditions approved by Aryga. Aryga reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the buyer.
02-Register
The use of the site Aryga does not require registration. Nevertheless, the registration of a project created with one of the software tools offered on the site was created with the creation of a user account. The user must communicate his name, first name, and a valid email address. Registration on the site to register his projects, the user explicitly agrees to receive communications by email from Aryga. The user has the opportunity to request any time to receive the communications, either by using his personal space, or by using the unsubscription links present in the communications.
03-Geographical area
The online sale of products and services in the site is reserved for buyers who reside in the European Union or Switzerland.
In metropolitan France (excluding islands, including Corsica), delivery is offered. The delivery in Corsica is 120 € TTC
For Swiss residents, a tax refund slip can be provided in case of delivery in France, the VAT rate is refunded up to 15% after the return of the tax refund note referred by the customs services. Delivery in Switzerland is also offered, shipping and customs fees are then 120 € per order.
Persons wishing a delivery in a geographical area or a preparation not ordered on the site are invited to contact Aryga to know the possibilities and the costs of delivery. The price of the delivery is calculated according to the weight of its order.
04-Characteristics of goods and services offered
The products and services offered are those on the website "Aryga" and those that have been configured on the site. The products are for sale, they are available in the limit of availability. They come with a USB key. The product is accompanied by a description drawn up by Aryga based on the information of the supplier (s) and the configuration choices made by the buyer. The 2D and 3D photographs and visualizations presented on the site or in the commercial propositions are as faithful as possible but remain illustrative and can not ensure a perfect similarity with the offered product, in particular those which are colored and textured. Images and colors used for colors and textures are provided by Aryga suppliers and do not engage Aryga. A difference of perception on the colors and the textures between the photographs and the products not being able to engage the responsibility of Aryga.
05-Personal data
In accordance with the law relating to data, files and freedoms of January 6, 1978, the information of a personal nature relating to buyers may be subject to automated processing. Aryga reserves the right to collect information about buyers and the use of cookies, and if it wishes, to transmit to the partners the information collected. Buyers can oppose the disclosure of their contact information to Aryga Similarly, users have a right of access and rectification of data, in accordance with the law of January 6, 1978. The automated processing information, including the management of e-mail addresses of users of the site, subject to a CNIL declaration on 13 July 2011 under number 1520266.
06-Rates
The prices listed in the catalog are prices inclusive of VAT, taking into account the VAT applicable on the date of the order; any change in the rate may be reflected in the price of the products or services. Aryga reserves the right to modify its prices at any time, provided however that the price listed in the catalog on the day of the order will be the only one applicable to the buyer. Unless otherwise stated in the description of an article, the prices quoted include transport costs in Metropolitan France (excluding islands and mountain areas).
07-Orders
The buyer who wants to buy a product or a service must:
- complete the identification form on which he will indicate all the requested details;
- validate its basket
- validate its order after having checked it;
- make the payment in the prescribed conditions;
Validation of the order and payment of an amount equal to or greater than the amount requested in advance entails acceptance of these terms of sale, the acknowledgment of having perfect knowledge and waiver to avail of its own terms of purchase or other conditions. All data provided and the validation recorded will be worth proof of the transaction. The validation will be worth signing and acceptance of the operations carried out. The products being made to measure, the order will be definitively accepted and validated by the seller after checking the coherence of the requested configuration. After this verification, the seller will proceed to the withdrawal of the first payment deposit, the order will be visible in the "In manufacturing" status in the client area of the site.
08-Terms of payment
The buyer can choose during the validation of his order on the website "Aryga" between several payment methods depending on the amount:
- For all amounts, cash payment to order by check, bank transfer or credit card (Visa, Mastercard)
- For orders with an amount greater than or equal to 500 €, credit card payments (Visa, Mastercard) are made in 3 times: the buyer gives the site of the partner banking institution the authorization corresponding to the total amount of his order. This amount will be assessed in 3 installments: the first installment of 40% of the total amount inclusive of VAT (rounded to the euro or the lower one) is cashed immediately. A 2nd down payment of 40% of the total amount including VAT (rounded to the euro or the lower one) is cashed at the earliest on the day of the actual shipment of the order for delivery to the buyer's home, or on the day of delivery. the provision in the case of a removal by the buyer. The balance is cashed no earlier than 10 days after the actual delivery, or removal by the buyer. If the delivery is significantly delayed at the direct or indirect request of the customer, the period of 10 days may be deducted from the day after the day of arrival of the package to the delivery agency.
- In cases where partial recovery (down payment or balance) of a credit card payment is refused by the bank, Aryga will attempt to repeat it first. In case of failure and at the first request of Aryga, the buyer undertakes to send Aryga one or more checks or a bank transfer corresponding to the amount remaining to be paid. The checks will be cashed according to the schedule provided in the previous paragraph, the bank transfer must be the full amount remaining to be paid.
Invoices are available on the website in the customer area, or can be sent by email upon request from the customer.
No discount for early payment. In the event of late payment, in accordance with Article L 441-6 of the Commercial Code, an indemnity calculated on the basis of three times the legal interest rate in force and a lump sum indemnity for expenses will be payable. recovery of 40 euros
09-Shapes and Dimensions of bespoke furniture
The bespoke furniture is manufactured from the instructions given by the buyer via the configurators offered on the site. The configurators offer a great latitude in the design, and can thus allow drawing on the site of the furniture whose solidity or the stability are limited (important litters, absence of bottom ensuring the stability, ...) or insufficient with the modes of standard assembly used by the seller. The seller systematically contacts the buyer by e-mail or phone before making any piece of furniture whose resistance could be reduced by its design. The buyer can either modify his design with the advice of the seller, or confirm his acceptance of the whole despite the risks.
The dimensions of the custom furniture that are shown on the plans provided at the time of the order have been established on the basis of the information provided by the buyer. The seller agrees that the outer measurements of each piece of furniture are respected with a tolerance of plus or minus 1mm. Before the order, the seller can give the buyer, who is free to take into account, its recommendations when the margins to subtract measured dimensions to allow the correct positioning of the furniture. The commitment of the seller relates to the respect of the dimensional shapes on the plans as created by the buyer during the design of his furniture on the site, and on the strength of the assemblies of the constituent elements between them.
In exceptional cases, the seller may agree to make changes to furniture not provided for in the software and therefore not represented in the configurator, or to provide additional panels. As these exceptional services are out of the scope of normal services, the buyer understands and agrees that these modifications may increase the advertised manufacturing time or even require additional delivery, and that the level of finish may be slightly different on these items and the reason for their treatment. manual.
10-Shipments
Deliveries are made to the address indicated in the order form which can only be in the agreed geographical area.
The buyer is obliged to check the condition of the products before signing the delivery receipt. The signature of the receipt by the buyer or a person designated by the buyer confirms the delivery of the product to the buyer (physical possession of the goods by the buyer), the last buyer bears the risk from that moment in case of loss or damage.
In case of damage during the transport, the purchaser must refuse the delivery and formulate in writing on the receipt the precise and characterized motivation of the refusal.
The furniture is produced entirely custom-made on demand, delivery times are given for information only, the availability of raw materials or production tools can vary this period of a few days. However, if the time indicated at the time of the order is exceeded by more than fourty five days the sales contract may be terminated and the buyer refunded. The expected shipment date of the order is displayed in clear ("Shipment to dd / mm / yy) on the summary page before payment, the actual delivery time is displayed next to the shipping method chosen by the buyer. on the same page In the case of damage during transport or defect in one of the pieces of furniture, the same delivery period applies from the day of confirmation of the items to be remanufactured.
Delivery is made by specialized carrier. The carrier contacts the buyer to agree on a day of appointment for delivery. An appointment has been agreed explicitly, it must be respected obligatorily. In case of absence of the buyer during the appointment, he will be invited to come to withdraw his order in the premises of the carrier, or may agree to a new appointment. The second presentation fee will be charged.
Once the product has been shipped and has reached the agency of the carrier managing the geographical area or delivery must be made, the buyer can agree an effective delivery date within 10 days. After this period, storage charges will apply and will be borne by the buyer. If the delivery has not been made because the buyer has not come forward to the carrier (after a certain number of reminders) or has not agreed on a date of appointment for delivery under the period given and the order (s) are returned to us, the costs of return and re-shipment are the responsibility of the buyer.
The furniture is delivered by heavy truck equipped with liftgate for unloading, packaged in crates that can be handled by the deliveryman using a pallet puller. As a result, delivery is at the foot of the building or on the property line, only where access is possible with a truck (16T). In the event of traffic restrictions for heavy vehicles in the immediate vicinity of the delivery address (private road with restricted traffic, villa ...) the delivery can only be made to the nearest point accessible by a heavy weight vehicle. . A delivery by light vehicle can be studied according to the weight of the order to be delivered, on request and with supplement.
Delivery is free for all orders over 200 € TTC. The delivery costs are 80 € TTC for any order lower than this amount.
11-Checks and complaints
It is the responsibility of the Buyer to check, at the time of delivery and before the departure of the carrier or delivery person, the condition of the packaging of the Products. In the event of visible damage on the packaging, the Purchaser must imperatively make an inventory of the elements of the damaged product to carry it on the receipt of the deliveryman on the delivery order, in a legible, detailed and precise way, and to transmit a written copy to Aryga within 2 business days. In the event of damage related to the transport, the assumption by the seller of the expenses related to the replacement of damaged or lost parts is conditioned to their precise indication in writing on the delivery order.
In case of non-conforming or defective Product or in case of missing found without damage to the packaging, complaints must be sent to the Seller, by email and registered letter, within 4 working days (holiday not included) to counting from delivery date, specifying the number of the order. Claims must include a precise inventory of the items for which replacement is requested. In case of proven non-conformity or proven defect of the Products ordered, the seller may, at his option, repair or exchange the non-compliant or defective Product, after a 30-day manufacturing and delivery period. The costs of the new delivery will be borne by the Company.
12-Guarantee
All the products supplied by the seller benefit from the legal guarantee provided by articles 1641 and following of the Civil Code. In case of non-compliance of a product sold, it may be returned to the seller who will resume, exchange or refund. All claims, requests for exchange or refund must be made by post to the following address: Aryga, 16 route Manon, 60560 Orry City within thirty days of delivery.
13-Revocation
a) In accordance with articles L 121-20-2 and L.121-21-8 of the French Consumer Code, the customer is informed that he can not retract after his order because the products ordered are made on the indications of dimensions and color provided by the customer. They are therefore highly personalized, rendering them unfit for resale to a third party.
b) Cancellation by the merchant
In the event of unavailability of the element (s) necessary for the manufacture of the Products ordered by the customer, of technical impossibility of realization, incompatibility of the address of delivery, or any other cause making impossible the manufacture or delivery under the conditions provided, Aryga may cancel the order, proceeding to refund any sums paid by the buyer within 7 days of cancellation.
14-Reponsibility
The seller, in the process of selling online, is bound only by an obligation of means; it can not be held liable for any damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, break of the service, or other involuntary problems. Intellectual property All elements of the Aryga site are and remain the intellectual and exclusive property of Aryga
15-Archiving - Proof
Aryga will archive the purchase orders and the invoices on a reliable and durable support constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code. The computerized records of Aryga will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
16-Dispute Resolution
The present conditions of sale on line are subjected to the French law. In case of dispute, jurisdiction is assigned to the competent courts of Paris, notwithstanding plurality of defendants or warranty claim.
17- Partial disability
If one or more of the stipulations of the present General Conditions of Sale were judged to be illegal or null, this would not have the effect of causing the nullity of the other provisions except in the case where these provisions would be inseparable with the stipulation making the subject of an invalidation.