GENERAL SALES CONDITIONS
The General Sales Conditions hereunder govern the whole relations between the company " Hotels At Home ", registered with the Trade office of Pontoise, 477 579 874 at the following address - 74, rue de la Belle Etoile BP 52379 Paris Nord 2 95942 – Roissy CDG Cedex France, hereafter called " Hotels At Home " and customers or people wishing to carry out a purchase either directly on our Internet site or by the means of our catalogue, thereafter referred to as " The Customer ". These conditions apply on an exclusive basis to individuals (no organisations or companies). All relations will be exclusively run by this contract, except any condition beforehand available. " Hotels At Home " reserves the right to modify these conditions at any time. Placing an order implies agreement of these General Sales Conditions by the customer.
1 - SUBJECT
The present conditions aim to define the mutual obligations of both sides within the framework of the sale of products offered by Hotels At Home to its Customer.
2 - ORDER
The Customer is entitled to place an order either directly on the Internet site, or by telephone to an attached representative of our customer service using the references listed in our catalogue.
Any order implies the general agreement of the prices, conditions and specification of the products. The Customer acknowledges agreeing expressly the present General Sales Conditions prior to the validation of his order. The registered data kept by Hotels At Home at the time of the order constitute an evidence for all existing proceedings between Hotels At Home and The Customer. The Customer also acknowledges agreeing expressly UPS and Colissimo General Shipping Conditions, prior to the validation of his order. UPS General Shipping Conditions are available upon request or at www.ups.com Colissimo General Shipping Conditions are available at www.colissimo.fr.
3 - PRICES AND PAYMENT
Products are supplied at the prices in effect at the time the order is placed. The prices mentioned on our Internet site and our catalogue are listed in Euros, all tax included, except delivery charges, implying French VAT with the normalrate.
Any change of rate could be adjusted and added on the price of the products at the time of the ordering. For all products dispatched out of the European Union, the price will be calculated without tax. Customs duties, local taxes, import licence or Government taxes are likely to be demanded. These rights and sums are at the Customer's total expense as regards declarations as for the payments to the authorities and/or qualified organizations in the country. The orders are payable in Euros by credit card payment: VISA, MASTERCARD or AMERICAN EXPRESS. The Customer will be debited with an amount on his bank account the day of the process of the order and at the latest the day of forwarding the products. The products remain the property of Hotels At Home till the full payment of the goods by the Customer.
4 - AVAILABILITY
Our offer concerning products and prices is valid within availability from stock. Failure to availability of product, Hotels At Home has the duty to inform the Customer immediately after he acquainted with unavailability of a product. Hotels At Home reserves however the possibility of splitting the delivery of an order in case of temporary unavailability of an ordered product. In case a product is no more available after placing an order, Hotels At Home will credit the Customer credit card once he will be informed of the situation, in case of debit on his credit card, within a maximum of 15 working days.
5 - DELIVERY
The products are shipped to the delivery address provided by the Customer when ordering. The delivery is carried out within a maximum of ten (10) working days (excluding mattresses, bed bases and items made to order). These are usual average lead times and match to the lead time of the process of an order and also with the delivery of products in the European Union countries. Delivery charges are not included and will be specified to the Customer at the time of his order. For any delivery out of the European Union, the lead time and forwarding costs could vary according to the destinations. Additional charges may apply for deliveries to isles (e.g. Isle of Ré, Canary Islands, Balearic islands,…). In case of possibility to deliver items at different dates because of their availability, delivery charges will be registered only once for a single shipment. Shipments are carried out by a forwarding agent. Hotels At Home could not be held responsible for the consequences due to a delay concerning shipment. The Customer must notify to the carrier and Hotels At Home, all issues concerning the delivery (for example: damaged parcel, already opened...) in the following three (3) days upon receipt of the product.
It is Customer responsibility to check that the bed of his choice fits and that the delivery location is accessible: street, building, flat, house, staircase, lift, hallways, doorways, stairs. The provision of a hoist is not included in the delivery service. If Customer lives above the 2nd floor and if the bed can not be delivered using a lift within the building additional charges may apply. The Customer will be expected to pay additional fees for the removal of any obstacles preventing a successful delivery. If Customer feels that regular delivery conditions cannot be ensured because of any health and safety issues such as a staircase which is too narrow or there is danger of damage to the customer property, contact our Client Services.
6 - RIGHT OF RETRACTATION AND REFUNDING
As stated in article L 121-20 of the French Consumer Code, as modified by decree no.2001-741 from 23rd August 2001, the cancellation period is 7 days from the day after receipt of the product. All claims mentioned after this lead will not be accepted. Returns of any products must be agreed in advance with Hotels At Home (transmission of a return identification number). Any damaged or dirtied items or items returned incomplete are not exchangeable or returnable. The customer is informed that the beds (mattress and base ensemble) are made to order and are not exchangeable or returnable. Shipping cost for any returned items is the customer's responsability. Returned products must be sent back new, in their original packaging, accompanied by the invoice at the following address : Hotels At Home 74, rue de la Belle Etoile BP 52379 Paris Nord 2 95942 – Roissy CDG Cedex France. In case of a defective product, the customer will have to make a detailed written description of the defect and send the item back to the address mentioned above. After reception and qualitative and quantitative verification, Hotels At Home will proceed to the exchange or the refund of the item according to the customer's choice. In this case, the shipping fee of the returned item will be refunded to the customer on the base of the initial shipping fee. The refund will be directly made on the customer's credit card within a delay inferior or equal to 15 business days after the reception of the item by Hotels At Home. The client has 10 working days from the date of issue of the return identification number within which to return the product(s) to us.
Concerning the bed (Mattress and Base ensemble), the customer is informed that he must check the mattress and the base before signing the packing slip. In case of damage that may have occurred during delivery, the customer must refuse the entire delivery (Mattress and Base ensemble), or it will not be possible neither to take the bed back nor to exchange it.
7 - RESPONSIBILITIES
The offered products are in conformity with the European legislation. The responsibility for Hotels At Home could not be committed in the event of no respect of the legislation of a country out of the European Union where the products are delivered.
It is up to the Customer to check with the local authorities the import possibilities or use of the product which are ordered.
The photographs of the products presented on our Internet site and our catalogue are no contractual. Hotels At Home could not be held responsible for the no execution of the contract in the event of flood, fire, of disturbance or all-out strike or partial, in particular of the services of carrier and/or communication.
8 - DATA PROTECTION
The information communicated by the Customer allows Hotels At Home to process and carry out its order. Hotels At Home processes all these data with the greatest confidentiality. In accordance with the French Data Protection Law of January 6, 1978, you may at any time access, amend or object to any of the personal data relating to you by sending a letter with proof of identity to Hotels At Home 74, rue de la Belle Etoile BP 52379 Paris Nord 2 95942 – Roissy CDG Cedex France.
9 - APPLICABLE DUTY - LITIGATIONS
In the event of litigation and in the absence of friendly agreement between the parties, the present conditions will be subject to French law. In the event of litigation, the court having jurisdiction will be that of the place of residence of the defendant or, at the request of the plaintiff, that of the effective place of delivery of the product, provided this be in mainland France.
10 – MODIFICATIONS TO THE GENERAL SALES CONDITIONS
Hotels At Home reserved the right to modify the General Sales Conditions at any given time.