TERMS AND CONDITIONS OF SALE

The submission of a quotation shall constitute a commitment to immediate performance only if it is followed by the signing of the corresponding purchase order, unless the quotation expressly states “accepted for order” and is signed by both the customer and the seller.
Quotations, as well as any accompanying drawings and models, remain the property of the seller. They may not be disclosed, even in part, to third parties without the seller’s authorization, under penalty of damages. All texts, comments, works, illustrations, and images reproduced or depicted on the quote are strictly reserved to the seller under copyright and intellectual property rights worldwide. Any reproduction or representation, in whole or in part, of the quote or of any or all elements contained therein is strictly prohibited.
Upon receipt of a quote, the customer shall provide the seller with their telephone and/or mailing address.
The customer has the right to register on the do-not-call list (BLOCTEL).
However, the customer explicitly agrees to be called back and/or contacted by the seller at the telephone number specified on the quote within a maximum of 3 months following the issuance of the quote, even if their telephone number has been registered with BLOCTEL. The seller agrees to use this telephone number solely for the purpose of following up on documents provided to the customer during their visit to the store (quote, pricing proposal) and within a maximum period of 3 months.

The customer selects the product based on their own criteria (size, firmness, materials, etc.). The seller provides information to assist the customer in making their choice but cannot make the purchase decision on the customer’s behalf. The customer is informed that the seller will not accept returns if the customer makes an error in selecting the product, unless the seller expressly agrees otherwise.

The purchase order is BINDING AND FINAL for the customer. Any change in the quantity or specifications of the order may be accepted by the seller only to the extent that it does not disrupt manufacturing or supply. Such changes may, if necessary, result in an increase in the listed prices and a revised delivery date.
Orders for which the seller issues a numbered order form shall only be binding on the seller after receipt of a deposit, the amount of which is determined by the parties, unless the seller waives this requirement.
However, if the customer requests credit for a period exceeding three (3) months, the sale shall not become final until the preliminary credit offer required by law itself becomes final.
The customer has no right of withdrawal for in-store sales. However, in the case of a credit sale, the customer has a right of withdrawal of 14 calendar days from the date of acceptance of the credit offer, The sales contract shall be automatically terminated, without compensation, if the customer, within this period of 14 calendar days, exercises their right of withdrawal regarding the credit provided under the conditions set forth in Article L. 312-19 of the Consumer Code.
In the case of a credit sale, if the customer requests immediate delivery of the goods via a written, dated, and signed request (Article L. 312-47 of the French Consumer Code) without waiting for the end of the withdrawal period, the sale shall be deemed final within 3 days following acceptance of the preliminary credit offer if delivery of the goods occurs within this 3-day period, or on the day of delivery of the goods, if such delivery occurs on or after the 4th day following acceptance of the credit agreement offer.
In the event of termination of the sales contract following the exercise of the right of withdrawal for the assigned credit, the seller shall be required to refund, upon simple request, any amount the customer may have paid in advance toward the price. As of the eighth (8th) day following the request for a refund, this amount shall automatically accrue interest at the statutory interest rate plus half.

If, after the goods have been made available, the delivery date is postponed by the customer, the goods shall, unless otherwise agreed by the parties, be deemed delivered on the date they were made available. Invoicing shall take place on that date. In such a case, the goods shall remain in storage at the warehouse(s) and may remain there for one month at the seller’s expense.
Upon expiration of this period and after formal notice to take possession of the goods, the seller shall then be entitled either to invoice the customer for the cost of storage in the warehouse(s) or to place the goods in a storage facility at the customer’s expense and risk. If the storage costs for the goods exceed the amount paid by the customer at the time of the order, the sale will be automatically canceled at the customer’s fault, with no refund to the customer.A l’expiration de ce délai et après mise en demeure d’avoir à prendre possession du bien, le vendeur sera alors en droit soit de facturer au client le coût du stockage dans le(s) magasin(s), soit de mettre le bien en garde-meubles aux frais et risques du client. Lorsque les coûts de stockage du bien excéderont la somme versée par le client lors de la commande, la vente sera alors automatiquement résolue au tort du client, sans remboursement du client.

The seller agrees to deliver no later than the delivery date or deadline specified on the purchase order (Article L.216-1 et seq. of the French Consumer Code).
If the goods are not delivered to the customer by that date and the delay is not attributable to the customer, the customer shall be entitled to terminate the contract 8 days after the seller receives a formal notice sent by certified mail with return receipt, which has remained unanswered. Any amounts paid will then be refunded to the customer, without interest, within 14 days of the contract’s termination. The above provisions do not apply in the event of force majeure or unforeseeable circumstances.
Subject to the customer’s compliance with the provisions set forth in Article 8 below, the seller agrees to bear the risks of transport unless the customer picks up the goods or handles the matter directly with the carrier. The transfer of risks shall occur upon the customer’s or the customer’s designated third party’s signature of the delivery receipt.
Goods are delivered only to the following territories: mainland France, Switzerland, Belgium, Luxembourg, and England.
Unless otherwise notified by the seller or unless the customer arranges to pick up or have the furniture transported themselves, the seller will be responsible for assembling the goods.
With regard to installation work, the transfer of ownership takes place as the work is accepted by the customer or the architect, or upon submission of progress reports, subject to the retention of title clause provided for in Article 12.
The customer is required to provide the seller with all information necessary for the delivery of the goods. The seller disclaims all liability in the event of an error or inaccuracy in the delivery address.
The goods are delivered to the customer’s residence, in the room of their choice. However, if, due to the limited space of the premises or access conditions not specified at the time of the order, the goods cannot be delivered to the room chosen by the customer, the goods will then be delivered to the threshold of the customer’s residence. The customer is personally responsible for transporting and assembling the item within their home, or, upon acceptance of a prior estimate, will bear the additional costs associated with any difficulties encountered from the threshold of the residence to the interior (rental of lifts, delivery via aerial platform, etc.).
If delivery is not possible, the item will be made available to the customer at the store, and the invoice will become immediately due and payable.
We specifically draw the customer’s attention to the fact that our obligations (delivery, installation, furniture pickup, etc.) regarding orders placed may be suspended to comply with recommendations from health and government organizations in the event of an epidemic (e.g., COVID-19), without this giving rise to any liability on our part and without the customer having the option to cancel pending orders.

Payment shall be made in accordance with the terms and conditions specified at the time of the order. Any price reduction that is not accepted by the seller, is unjustified, or is disproportionate may result in financial penalties for the customer.
All prices are net, in Euros, inclusive of all taxes and packaging, ex-store.
If the seller has agreed to deliver the goods, delivery charges will be billed to the customer according to the rate specified on the purchase order, unless otherwise expressly stated. Any tax on the goods related to the collection and recycling of furniture waste will be billed, without any markup or discount, in addition to the sale price. The tax will be billed at the rate in effect on the date of delivery of the goods, even if this tax changes between the order date and the delivery date.
Unless otherwise agreed, payment of the balance of the invoice must be made to the delivery person. In the event of a partial delivery requested by the customer, the customer must, in addition to the deposit already paid, settle the payment for the goods actually delivered and may not, under any circumstances, defer this payment until the delivery date of the remainder of the order.
In the event of payment by promissory note for a term not exceeding 3 months, it is agreed that in the event of failure to pay any single scheduled installment, all remaining amounts owed by the customer shall become immediately and automatically due 8 days after the sending of a formal notice by registered letter with acknowledgment of receipt.

The customer or their representative is required to inspect the goods upon delivery and, in the event of visible damage, to note on the delivery receipt any reservations they wish to make regarding the condition of the goods received; any general reservation such as “subject to unpacking, packaging intact” shall have no legal effect.
The customer must note any reservations, in a precise and detailed manner, on the delivery slip provided to the delivery person. The customer is informed that the absence of written reservations on the delivery slip constitutes a presumption that the goods were delivered in good condition. The customer must notify the seller of any reservations within forty-eight (48) hours of delivery of the goods.
The customer may not assert against the seller any apparent defect in the goods or any defect that the customer knew of or could not have been unaware of at the time of purchase.

The customer has two years from the delivery of the goods to invoke the statutory warranty of conformity in the event that a lack of conformity arises. During this period, the customer is only required to establish the existence of the lack of conformity, not the date on which it arose.
When the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the statutory warranty applies to such digital content or digital service throughout the entire period of supply. During this period, the customer is only required to establish the existence of the lack of conformity affecting the digital content or digital service, and not the date on which it first appeared.
The statutory warranty of conformity imposes an obligation on the seller, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The statutory warranty of conformity entitles the customer to have the goods repaired or replaced within thirty days of their request, at no cost and without significant inconvenience to them.
If the goods are repaired under the statutory warranty of conformity, the customer is entitled to a six-month extension of the original warranty.
If the customer requests repair of the goods but the seller insists on replacement, the statutory warranty of conformity is renewed for a period of two years from the date of replacement of the goods.
The customer may obtain a reduction in the purchase price while retaining the goods or terminate the contract by receiving a full refund upon return of the goods, if:
1° The seller refuses to repair or replace the goods;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the goods causes significant inconvenience to the customer, particularly when the customer definitively bears the costs of returning or removing the non-conforming goods, or if the customer bears the costs of installing the repaired or replacement goods;
4° The non-conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.
The customer is also entitled to a price reduction or to terminate the contract when the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. In such cases, the customer is not required to first request repair or replacement of the goods.
The customer is not entitled to rescind the sale if the lack of conformity is minor. Any period during which the goods are out of service for repair or replacement suspends the warranty period remaining until the restored goods are delivered.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
A seller who, in bad faith, obstructs the enforcement of the legal warranty of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the French Consumer Code).
The customer is also entitled to the statutory warranty against hidden defects pursuant to Articles 1641 through 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the customer to a price reduction if the item is retained or to a full refund upon return of the item.

The seller shall inform the customer of the practical procedures for returning the item if it cannot be brought into compliance at the location where the item is located. If the item can be returned by mail without incurring disproportionate costs for the customer relative to its value, the customer may be asked to ship the item to the seller by mail.

In order to assert their rights under the legal warranty of conformity or against hidden defects in the item sold, the customer must, on pain of forfeiting their rights, return the item to the seller in a clean and hygienic condition and free of stains.

The warranty does not cover:
• Changes in the appearance of the upholstery and padding due to wear and tear and normal use of the product (softening or settling of the foam) under normal conditions of use
• Residual stretching of the upholstery in the most frequently used areas, which is related to the stresses the product undergoes during use.
• Discoloration, deterioration, or any change or damage to appearance caused by:
– excessive exposure to natural or artificial light.
– the use of any cleaning product unsuitable for the upholstery, as well as failure to
follow care instructions
– external causes: household accidents, water damage, stains,
burns, scratches, pets, etc.
– improper installation, fitting, or adjustment, or other work performed by
persons not authorized by the seller
– the effects of natural body perspiration or the effects of
seborrhea.
• Color bleeding from items that come into contact with the product and whose color is not colorfast (clothing, throws, decorative cushions, belts, handbags, etc.).
• Deformations of the product, fixed or movable mechanical structures, or structural breakage resulting from misuse or intensive overloading concentrated on a specific point due to a particular or unusual use. • Damage affecting components such as zippers, inter-component fasteners, headrest or armrest rails, and various accessories resulting from improper use.
• Damage intentionally caused by a user.
• Use in public or professional settings, unless the model is specifically designed for such use and indicated on the order form.
• Repairs or modifications carried out at the customer’s initiative, either by the customer themselves or by a company of their choice, without the express written consent of the seller’s Customer Service department.

The seller retains title to the goods delivered until full payment has been made.
To invoke this clause, the seller need only notify the customer of their formal intention to have the goods returned by means of a simple registered letter with acknowledgement of receipt addressed to the customer.
The sale shall be automatically rescinded and any deposits already paid shall be retained by the seller.
It is nevertheless expressly stated that, unless the warranty clause provided for in Article 9 above applies, the customer shall be liable for the goods entrusted to them from the moment of physical delivery, as the transfer of possession entails the transfer of risk.
The customer must therefore take all necessary measures and, where applicable, take out all necessary insurance to cover the possible destruction, whether partial or total, of the goods, whatever the cause.

For orders placed on or after 1 January 2022, if the customer does not wish to keep their old furniture and household appliances, they may:
– Either donate them to a local social enterprise (e.g. Emmaüs, Envie, etc.);
– Either take them to a recycling centre or a local collection point (for items that can be transported without special equipment), which can be found at: https://www.eco-mobilier.fr/vos-points-de-collecte-dedies/
– Or arrange for them to be taken back free of charge by your furniture/appliance shop or by a service provider designated by the shop, in exchange for the purchase of similar products and subject to a limit on the quantity of products sold (‘1-for-1 take-back’), in accordance with Articles L.541-10 et seq. and Articles R.541-158 et seq. of the Environment Code.

This contract is governed by French law.
In the event of a dispute between La Boutique Simmons Nice and the customer, both parties shall endeavour to reach an amicable resolution.
If no amicable agreement is reached, and in accordance with the provisions of Article L612, the customer may refer the matter free of charge to the consumer ombudsman responsible for La Boutique Simmons Nice, namely the Association of European Ombudsmen (AME CONSO), within one year of the written complaint being sent to the customer service department of La Boutique Simmons Nice.
The case must be referred to the consumer ombudsman:
– either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com
– or by post addressed to AME CONSO, 11 Place Dauphine – 75001 PARIS.

Information relating to the customer’s order, collected when a quotation is drawn up or a purchase order is signed, is subject to automated processing of personal data by the seller.
Data Protection Officer: Gilles DEMANGE
The purpose of this processing of personal data is:
– the management and tracking of the customer’s orders, the tracking of deliveries and invoicing, and the management of customer relations, including the implementation of the warranty,
– and, if the customer has given their consent, loyalty and marketing activities (sending targeted products, information on promotions, organising competitions, requesting product reviews, etc.).
Personal data may be passed on to service providers in connection with the fulfilment of orders. If the customer has consented, the data may also be transferred to the seller’s partners, who may then send the customer commercial offers.
However, the customer may object, free of charge and at any time, to any marketing and/or any transfer of data concerning them by writing to the following address: – SAS NMD NICE MEUBLES ET DECORATION 28 Rue de l’Hôtel des Postes 06000 NICE or by email to info@boutique-simmons-nice.com
The mandatory or optional nature of the data is indicated to the customer at the time of collection by an asterisk. Certain data is mandatory as it is necessary for order processing. Failure to provide a response may result in the cancellation of the order.
The data will be hosted in countries that are members of the European Union or that provide a sufficient and appropriate level of protection.
The data will be retained in an active database for 5 years after the end of the commercial relationship with the customer (end of the warranty). The data may then be archived for a further period of 5 years with restricted access for limited purposes authorised by law. After this period, the data will be deleted.
The customer has the right to access, rectify, restrict, object to, erase and transfer personal data concerning them under the conditions set out by the laws and regulations in force in France.
To exercise these rights, the customer must write by post to the following address – SAS NMD NICE MEUBLES ET DECORATION -28 Rue de l’Hôtel des Postes 06000 NICE, stating their full name and setting out their request. In accordance with current regulations, the customer’s request must be signed and accompanied by a photocopy of an identity document bearing their signature, and must specify the address to which the reply should be sent. A response will then be sent to you within one (1) month, which may be extended by two (2) months following receipt of the request.
In the event of a complaint, the customer may refer the matter to the Commission Nationale de l’Informatique et des Libertés (CNIL) via its website www.cnil.fr or by post to 3 place de Fontenoy, 75334 Paris Cedex 07.