TERMS OF SALES

Company: LA MAISON CONVERTIBLE GROUPE MISWA

Legal form: simplified joint stock company

Share capital: 422,982 euros

RCS No. (city and number): Paris, 327 821 526

VAT No.: FR20327821526

Address: 37 avenue de la république, CS61127, 75011 Paris CEDEX 11

Telephone number: 01 43 57 82 84

Email address: contact-commande@lamaisonconvertible.fr

DATE OF LAST UPDATE: July 17, 2025

These general terms and conditions of sale (hereinafter the " GTC ") govern the terms of sale between the company LA MAISON CONVERTIBLE GROUPE MISWA ( the "Seller") and buyers placing an order on the website https://www.lamaisonconvertible.fr/ (hereinafter referred to as the " Site "). They also apply to any order placed by the buyer with the Seller by telephone.

The buyer declares to have read and accepted these general terms and conditions of sale before placing his order. Validation of the order therefore constitutes unreserved acceptance by the buyer of the GTC. Unless proven otherwise, the data recorded on the Site or during the telephone call constitutes proof of all transactions made by the buyer.

In the case of a telephone sale, the buyer will receive a detailed summary of their order in writing by electronic means (e-mail) or by message (SMS) for validation. Any validation by the buyer implies acceptance of the T&Cs in their entirety.

The buyer must print and keep these general conditions of sale.

These General Conditions of Sale apply to the exclusion of all other conditions, except those of the law and in particular the Consumer Code.

They appear on the back of the order form given to the Buyer.

They are systematically given to the Buyer when signing the order form and they apply exclusively to orders delivered in mainland France.

Regarding distance sales, by validating their order on our website, the customer acknowledges having read the General Conditions of Sale and accepts them.

Consequently, signing the order form implies the Buyer's full and unreserved acceptance of these General Conditions of Sale.

The buyer is informed that for technical reasons (difference in color related to the quality of the computer and/or printer, difference in size due to a visual effect related to the photo, etc.,…) differences may exist between the photos of the products appearing on the Site and the products themselves (color, size, etc.). The buyer is invited to refer to the description of each product to know its precise characteristics.

The buyer completes the online order form under his/her sole responsibility, specifying the references of the chosen products and their quantity.

The buyer will provide their name (or possibly their login details if they have a buyer account), their telephone number, their postal address and the delivery address for the order.

For orders placed by telephone, the necessary information (name, contact details, product references, postal address and delivery address) is collected orally and confirmed by the buyer at the time of order validation by email or message. The buyer is solely responsible for any errors in the information communicated to the Seller.

The buyer has the right to register on the telephone canvassing opt-out list on the BLOCTEL website (www.bloctel.gouv.fr).

In the event of an input error, the Seller shall not be held liable for any consequences in terms of delay or impossibility of delivery. All costs related to the reshipment or organization of a new delivery of the products due to an input error by the buyer on the Site or an error when confirming an order placed by telephone shall be the sole responsibility of the buyer.

The buyer will be able to check the details of his order and the total price before it is sent. The buyer has the possibility to modify or even cancel his order before it is sent. The buyer will receive an email confirmation of his order on the Site. In the case of an order by telephone, a summary is sent to the buyer by email or message for confirmation before finalization. The buyer must validate his order by returning a confirmation by email or by checking the box provided for this purpose.

The order will only be considered validated after payment by the buyer under the conditions specified in article 9 below. An order may be refused if a payment dispute is in progress with the buyer or if the latter has not paid for a current order.

Once the order has been placed, the buyer undertakes to fulfill his contractual obligations (taking possession of the product and payment). The Seller reserves the right to terminate an order due to the buyer's fault if, once the order has been placed, the buyer fails to fulfill one of his contractual obligations. The termination will be effective forty-five (45) days after receipt of a reminder letter sent by registered mail with acknowledgment of receipt which has remained unsuccessful. The deposit paid by the buyer will then be retained by the Seller as penalty clauses.

Product and price offers are valid as long as they are visible on the Site and within the limits of available stocks. Each product is accompanied by a technical sheet that the buyer is invited to consult on the Site before placing any order, including in the case of an order by telephone. In the event that a product is unavailable after placing the order, the buyer will be informed by email or telephone, according to their choice, using the contact details provided when ordering. The buyer may be offered a similar product at an identical price.

If the buyer refuses the replacement product, he/she may cancel his/her order by sending a letter to the following address: La Maison Convertible 37 avenue de la république, CS61127, 75011 Paris CEDEX 11. If the buyer's bank account has been debited, the buyer will be reimbursed by bank transfer. The buyer will be reimbursed within a maximum of 14 days from the notification of his/her choice to cancel the order to the Site.

The Seller cannot guarantee the restocking of the products sold and is only responsible for it to the extent of its possibilities or the possibilities of the manufacturer.

Delivery of products is only made in mainland France, Corsica, Switzerland, Belgium and Luxembourg.

Orders are delivered on the date and to the address indicated on the order form. The buyer is required to provide the Seller with all the information necessary for delivery of the product to their home. The Seller excludes all liability in the event of an error or inaccuracy in the delivery address. It is the buyer's responsibility to express any reservations before taking delivery of the products.

The Seller cannot be held responsible if the ordered products cannot be delivered to the buyer's home due to space or access constraints. In this case, the products will be delivered to the doorstep and the invoice will be immediately due. The buyer will then be responsible for transporting and assembling the products in the room of their choice.

The Seller may possibly arrange a new delivery, but the Buyer will have to bear the additional delivery costs and possibly the costs associated with the use of a lift.

To cancel a delivery scheduled with the carrier, the buyer must notify the carrier at least 72 hours in advance. Beyond this deadline, in the event of cancellation by the buyer or absence on the day of delivery, an additional fee of 90 euros including VAT will be charged.

The buyer is informed of the cost associated with the delivery of the product prior to sending his order.

The deadlines indicated on the order form represent the deadline by which the Seller undertakes to deliver the product (to the warehouse or to your home). For orders placed by telephone, the buyer is informed of delivery costs and delivery times at the time of ordering. This information is confirmed in the summary sent to the buyer before the buyer confirms the order.

Failure to comply with the delivery deadline on the date or within the time period specified on the purchase order and if this delay is not due to the buyer, the buyer will be entitled to notify the Seller of the suspension of payment of all or part of the price until the Seller performs or to terminate the contract by respecting the following procedure:

- initially, the buyer must send the Seller by registered letter with acknowledgment of receipt or by other writing on a durable medium a formal notice to deliver the product within a reasonable additional period;

- secondly, if the Seller has not delivered the Product within this additional period, the buyer may inform the Seller, in the same manner, that he is terminating the sales contract.

The contract will only be terminated upon receipt of this letter or writing informing the Seller of this termination, provided that delivery has not occurred between the sending of the buyer's letter and its receipt.

The amounts paid will then be returned to the buyer, without duplication, within 14 days of the termination of the contract. The above provisions are not applicable in the event of force majeure or unforeseeable circumstances.

The buyer is informed that the Seller's obligations (delivery, installation, collection of furniture, etc.) in relation to orders placed may be suspended to comply with the recommendations of health and government organizations in the event of an epidemic (e.g. Covid-19), without this engaging its liability.

In the event of failure to collect the products within the aforementioned period or, in the event of refusal or impossibility of delivery due to the buyer, the products will be stored for a maximum period of one (1) month at the Seller's expense. At the end of this period, the Seller will formally notify the buyer in writing to take possession of the product (collection or delivery according to the buyer's choice when ordering). Failing this, the Seller will be entitled to charge storage costs or to place the product in storage at the buyer's expense and risk. The amount of these costs will be specified in the Seller's formal notice. If the buyer does not take possession of the product within one (1) month from the Seller's formal notice, the latter reserves the right to demand forced execution of the sale or to cancel the sale at the buyer's exclusive fault by retaining the sums paid as a penalty clause.

The transfer of ownership of the products to the buyer takes place upon actual delivery of the products, subject to full payment.

To claim to benefit from this clause, the Seller will simply have to make known his formal wish to have the products returned to him by a simple registered letter with acknowledgment of receipt addressed to the buyer.

The sale will be automatically cancelled and the deposits already paid will remain the property of the Seller.

It is nevertheless expressly stated that the buyer will be responsible for the products placed in his hands from the moment they are physically handed over, the transfer of possession entailing the transfer of risks.

The buyer must therefore take all measures and, where appropriate, all insurance to cover the possible destruction, partial or total, of the products, whatever the origin.

The buyer is required to check the product at the time of collection or delivery and to mention on the delivery slip any reservations he wishes to make regarding the condition of the delivered product: damage suffered, conformity with the order, damage, etc. Any general reservation of the type "subject to unpacking, packaging intact" has no value.

Any complaint from the buyer must be made to the Seller within 48 hours of delivery of the product by telephone and/or email:

- by telephone: 01 43 57 82 84

- by email contact-commande@lamaisonconvertible.fr

The buyer may make reservations, particularly in the event of a product defect or failure to provide the operating instructions or installation instructions.

The buyer may not invoke against the Seller an apparent lack of conformity of the product or a defect which he knew or could not ignore when he acquired the product.

If the complaint was made by telephone, the buyer must confirm their reservations by email to contact-commande@lamaisonconvertible.fr and, if applicable, attach photos to their email.

The prices of the products are indicated on the Site in euros, all taxes included, including eco-participation, packaging included excluding delivery costs . The prices appearing on the Site may be modified at any time but the product will be invoiced to the buyer on the basis of the price in effect at the time of validation of the order on the Site or by telephone.

The eco-participation will be invoiced at the rate in effect on the day of delivery of the product, including in the event of a variation in this tax between the order date and the delivery date.

The eco-participation, also called eco-part, is a mandatory contribution that is applied to the price of each new piece of furniture, mattress, furniture item, duvet, and pillow. Its objective is to finance the collection, sorting, recycling, and/or energy recovery of these used products. This contribution is calculated according to a scale established by Éco-Mobilier, a non-profit eco-organization approved by the State. The Seller pays this contribution in full to Éco-Mobilier.

Éco-Mobilier's mission is to organize and develop the collection of these products in order to ensure their recovery at the end of their life and to promote their reuse and repurposing. To find out more, you can visit their website at the following address: www.eco-mobilier.fr .

Thus, for each product sold in store, the Seller collects an eco-contribution which is then donated to Éco-Mobilier. This eco-contribution amount is indicated in euros on the sales price label of each product (it is the total amount including the sales price and the eco-contribution). The stores have a display dedicated to the eco-contribution where information concerning this contribution is displayed and available to buyers.

Payment for orders on the Site or by telephone is made in cash. The buyer may also be offered payment in 3 or 4 installments through a partner.

The order will be processed after receipt of the full price in the case of cash payment. In the case of payment in installments, the order will begin processing as soon as the first payment has been received.

In certain departments and cities

• Ile de France (75 77 78 91 92 93 94 95)
• Lyon (69 01 38 42 73 74)
• Marseille (13)
• Lille (59, 62)

The buyer is also offered the payment of a 20% deposit when ordering, with the balance due upon delivery. Acceptance of the Products upon delivery automatically results in the immediate payment of the balance of the order.

The payment conditions of the Seller and its partners are described on the Site.

In accordance with the legal provisions in force, the buyer has a period of 14 days from the moment the buyer or his agent physically took possession of the product to exercise his right of withdrawal without having to justify reasons or pay a penalty. In the event of exercising the right of withdrawal within the aforementioned period, only the price of the product(s) purchased, the shipping costs will be reimbursed by the Seller, return costs remaining the responsibility of the buyer. 

The buyer will be reimbursed without undue delay and in any event no later than 14 days from the day the Seller is informed of the buyer's decision to withdraw. The Seller may defer reimbursement until the Seller has received the product or until the buyer has provided proof of shipment of the product, whichever comes first. The reimbursement will be made using the same means of payment as the buyer used for the initial transaction, unless the buyer expressly requests a different method. In any event, the reimbursement will not incur any costs for the buyer.

The buyer must send the withdrawal request using the form found in the appendix below “WITHDRAWAL FORM”.

The withdrawal request must be sent to the following address: LA MAISON CONVERTIBLE / Customer Service 37 avenue de la république, CS61127, 75011 Paris CEDEX 11.

The buyer will be informed by email or telephone of the terms of return of the product.

The product must be returned in its original and complete condition (packaging, accessories, instructions, etc.) allowing it to be resold as new and accompanied by a copy of the purchase invoice.

Products in poor condition, stained or incomplete will not be accepted.

The buyer is only liable for any depreciation of the product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the product.

No product may be returned to the Seller without prior information and in compliance with its reshipping instructions.

In the event of an order for Products whose manufacture is carried out specifically, the buyer may not request cancellation of his order in accordance with article L 221-28 of the Consumer Code which excludes the possibility for the buyer to exercise his right of withdrawal.

Certain products sold benefit from a commercial guarantee described in the appendix to these T&Cs.

It describes the content of the commercial guarantee, the terms of its implementation, its free nature, its duration, its territorial scope as well as the name and postal and telephone contact details of the guarantor. Exhibition products are not covered by the commercial guarantee.

The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity.
During this period, the customer is only required to establish the existence of the lack of conformity and not the date on which it appeared. 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 legal guarantee is applicable to this digital content or this digital service throughout the planned supply period. During this period, the customer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date on which it appeared. The legal guarantee of conformity requires the seller, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity gives the customer the right to repair or replacement of the goods within thirty days of their request, without
free of charge and without major inconvenience to him. If the good is repaired under the legal guarantee of conformity, the customer benefits from a six-month extension of the initial guarantee. If the customer requests the repair of the good, but the seller imposes the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good. The customer can obtain a reduction of the purchase price
by keeping the property or terminating the contract by obtaining a full refund upon return of the property, 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 a major inconvenience for the customer, in particular when the customer definitively bears the costs of recovery or removal of the non-compliant goods, or if he bears the costs of installation of 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 consumer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the immediate reduction in price or termination of the contract. The customer is then not required to request the repair or replacement of the goods beforehand.

The consumer is not entitled to cancel the sale if the lack of conformity is minor.

Any period of immobilization of the property for the purpose of its repair or replacement suspends the guarantee which remained to run until delivery of the repaired property.

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 implementation of the legal guarantee 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 Consumer Code ). The consumer also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code , for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept or to a full refund upon return of the goods.

The products are covered by the legal guarantee of conformity and hidden defects, provided that they have been used in accordance with their intended purpose and under normal conditions of use.

Excluded from the legal guarantees of conformity and hidden defects are the following cases:
damage caused by factors external to the intrinsic qualities of the product. The warranty also does not cover the consequences of normal wear and tear of the product at the time of the claim.

Furthermore, damage caused by assembly or fitting errors carried out by the buyer himself or by a third party not mandated by the Seller is not covered by this warranty.

This warranty applies within the framework of normal use of the products by the buyer.

As part of the legal guarantee, the Seller will inform the buyer of the practical arrangements for returning the product if it cannot be brought into conformity at the place where the product is located. If the product can be returned by post, without incurring costs for the customer that are disproportionate to its value, the buyer may be asked to send this product to the Seller by this means.

In order to assert his rights under the legal guarantee of conformity or against hidden defects in the item sold, the buyer must, under penalty of losing his rights, return to the Seller a product in good condition of cleanliness and hygiene and free of stains.

Legal guarantees do not cover:

- products returned in a dirty or intentionally damaged condition;

- products showing deterioration caused by factors external to the intrinsic qualities of the products;

- cases of abnormal use of
products;

- the consequences of normal wear and tear of the product at the time of the claim;

- damage caused by improper handling of the product;

- damage caused by excessive overloading which is contrary to the recommendations in the product's user manual;

- damage caused by excessive heating or humidity of the product;

- uses of the products in public or professional places, unless it is a model suitable for this use and specified on the order form;

- repairs or modifications which have been carried out at the initiative of the buyer himself or by a company of his choice without there being express written agreement from the Seller's Buyer's department.

- migrations of shades and colors from items placed in contact with the leather of seats whose color is not stabilized (clothing, plaid, “decorative” cushions, belts, handbags, etc.);

- deformation of seats, fixed or mobile mechanical structures, breakage of structures resulting from improper use or intensive overloads concentrated on a given point linked to a particular or unusual characteristic use;

- damage affecting elements such as zippers, inter-element fasteners, headrest or armrest racks and various accessories resulting from inappropriate use;

- residual stretching of the leather in the most used seats, which is linked to the stresses that the seat covering undergoes during use;

- discolorations, alteration or any modification or deterioration of appearance due to:

• to the excessive action of natural or artificial light;
• the use of any maintenance product not suitable for the coating, as well as failure to comply with maintenance conditions;
• to external causes: domestic accidents, water damage, stains, burns, scratches, animals, etc.;
• to improper assembly, timing or adjustment or other interventions carried out by persons not approved by the Seller;
• to the action of sweating and natural perspiration of the body or to the action of seborrhea.

The buyer is also informed that certain products sold by the Seller, such as beds, wardrobes or storage furniture, may present a particular complexity with regard to their assembly and disassembly. It is imperative that these operations are carried out by professionals qualified for this type of service.

It is important to note that movers are not considered qualified professionals for the purpose of assembling or disassembling complex products. Failure to comply with this requirement of assembly or disassembly by qualified professionals may be grounds for exclusion from the legal guarantees of conformity and hidden defects.

The buyer will be informed, where applicable, of the existence and duration of availability of spare parts essential to the use of the product on any suitable medium before the conclusion of the contract on any other durable medium recording or accompanying the sale.

In application of article L. 541-10-13 of the Environmental Code, the Seller (RCS 327 821 526) was awarded by ADEME.

In accordance with the legislation, when taking back your used products:

• The product to be returned must be of the same type and dimensions as the one that will be purchased.
• Before delivery of the purchased product, the buyer must disassemble all removable parts of the product and make it accessible to the service provider. This must be done at the place and on the delivery date indicated on the delivery note.
• The product must be correctly packaged and grouped together ready for collection.
• The product to be returned must not present any danger to the safety or health of the delivery service provider.

If all of its obligations are not met, the Seller may refuse to take back the product or charge for this service according to their price list.

The Site is subject to a security system that uses the SSL (Secure Socket Layer) security protocol to encrypt the buyer's banking information. Any unpaid amount due to fraudulent use of a bank card will result in the registration of the details relating to the order in the payment incident file.

In order to limit fraud, the Seller may request from the buyer all the supporting documents necessary for the execution of the order (identity documents, proof of address, etc.). These requests will be made by email or telephone. The buyer's refusal to provide these documents will result in the cancellation of the order.

The time taken to send the requested parts to the Seller may delay delivery of the ordered product.

For any information or questions relating to a product before ordering or any questions relating to the execution of an order or the guarantee, customer service is available to the buyer:

- by email via contact-commande@lamaisonconvertible.fr

- by telephone: 01 43 57 82 84

- by post to the following address for any complaints or requests for information: LA MAISON CONVERTIBLE / Customer Service 37 avenue de la république, CS61127, 75011 Paris CEDEX 11

The buyer will be given a password to access their buyer account on the Site. This password is personal and confidential. The buyer is solely responsible for the use and confidentiality of this password. The Seller excludes all liability in the event of fraudulent use of this password.

All texts, comments, works, illustrations, works and images reproduced or represented on the Site are protected by copyright and intellectual property law worldwide. Any total or partial reproduction or representation of the Site or of all or part of the elements found on the Site is strictly prohibited.

The information (surname, first name, address, email and telephone number) (hereinafter the “ Data ”) which is requested from the buyer at the time of his order on the Site or by telephone by the Seller (in his capacity as data controller) is necessary for the processing of his order (delivery, invoicing, tracking and after-sales service).

The legal basis for the processing is the performance of the sales contract.

This Data may be communicated to service providers (subcontractors) involved in the execution of the buyer's order.

The buyer must write to the contact details indicated below to exercise his rights of access, rectification, limitation, opposition, erasure,
portability and post-mortem instructions on the Data concerning him under the conditions set out by the laws and regulations in force in France:

- by email to b.swieca@groupe-mc.fr .

- by post to the following address for any complaints or requests for information:

The Convertible House

37 Republic Avenue

CS 61127

75011 PARIS

The Data will be kept by the Seller for the entire duration of the commercial relationship with the buyer (including the duration of the legal guarantee and, where applicable, the commercial guarantee) and for three (3) years from the end of this commercial relationship.

The buyer may also inform the Seller of his post-mortem instructions regarding the fate of his Data. To exercise this right, the buyer must write to the contact details indicated above, detailing his request. A response will then be sent to him within one (1) month, possibly extended by two (2) months following receipt of the request. The buyer may, in the event of a complaint, refer the matter to the Commission Informatique et Libertés (CNIL) on its website www.cnil.fr or by post at 3 place de Fontenoy, 75334 Paris Cedex 07.

These General Terms and Conditions are subject to French law. However, the customer, a consumer, cannot be deprived of the protection afforded to him by the provisions adopted by a Member State of the European Union pursuant to Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, when the contract concluded at a distance or off-premises has a close link with the territory of that State.

In the event of a dispute, the buyer may resort to the conventional mediation procedure or any other alternative method of dispute resolution under the conditions of article 1528 et seq. of the Code of Civil Procedure.

- Amicable settlement of disputes : In the event of a prior amicable complaint to the Seller which is not satisfactory, the consumer has the
possibility of contacting the Consumer Mediator free of charge. This referral must be made within a maximum of one (1) year following the written complaint made to the Seller. It can be contacted directly online at the following address: www.anm-mediation.com, by e-mail: contact@anm-conso.com or by mail ANM CONSO - 62 Rue Tiquetonne, 75002 Paris.

Online Dispute Resolution Platform : In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court resolution of online disputes between consumers and professionals in the European Union.

This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/

To the attention of the Site with the following mailing address: 

The Convertible House / Customer Service

37 Republic Avenue

CS 61127

75011 PARIS

I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods
below :

Ordered on (*) / received on (*):

Name of consumer(s):

Address of consumer(s):

Signature of the consumer(s) (only in case of notification of this form
on paper):

Date :

(*) Delete as appropriate.

This document aims to define the content and terms of implementation of the commercial guarantee granted to the buyer in the context of the purchase of products subject to these General Terms and Conditions. The buyer is informed that the commercial guarantee applies to the purchase of the products concerned as identified below and in the stores owned by the Company.

Article 1. IDENTITY OF THE GUARANTOR

Company: LA MAISON CONVERTIBLE GROUPE MISWA

Legal form: SAS with share capital of 422,982 euros

RCS number: Paris, 327 821 526 - VAT number: FR20327821526

Address: 37 avenue de la république, CS61127, 75011 Paris CEDEX 11

Article 2. PRODUCTS CONCERNED AND APPLICABLE DURATION OF THE COMMERCIAL WARRANTY

The commercial warranty applies to the purchase of the products concerned in the Seller's own stores. It is necessary to refer to the order form to know the duration of the commercial warranty. The commercial warranty is not applicable to display sofas. The commercial warranty begins from the day the new product is delivered to the buyer. Exchanging the product or repairing it during the commercial warranty period will not extend its duration.

Article 3. APPLICABLE CONDITIONS AND EXCLUSTATIONS OF THE COMMERCIAL GUARANTEE

The commercial warranty applies provided that the new products have been used in accordance with their intended purpose, under normal conditions of use and after inspection in the Seller's factories.

In order to assert his rights under the commercial guarantee, the buyer must, under penalty of forfeiture of his rights, return to the Seller a product in good condition of cleanliness and hygiene and free of stains.

The commercial warranty covers: the strength, suspension or support of the structure's base; the proper functioning of the mechanisms; and the durability and performance of the product.

The following are excluded from the commercial warranty: products returned in a dirty or intentionally damaged condition; products showing deterioration caused by factors external to the intrinsic qualities of the products; cases of abnormal use of the products; the consequences of normal wear and tear of the product at the time of the claim; damage caused by improper handling of the product; damage caused by excessive heating or humidity of the product; use of the products in public or professional places, unless it is a model suitable for this use and specified on the order form; moving, assembly, disassembly, repairs or modifications that have been carried out at the initiative of the buyer by himself or by a company of his choice without there being express written agreement from the Seller's Customer Service.

Migration of shades and colors from items placed in contact with the leather of the seats whose color is not stabilized (clothing, plaid, “decorative” cushions, belts, handbags, etc.); deformation of the seats, fixed or mobile mechanical structures, breakage of structures resulting from misuse or intensive overloads concentrated on a given point linked to a particular or unusual characteristic use; damage affecting elements such as zippers, inter-element fixings, headrest or armrest racks and various accessories resulting from inappropriate use; residual distension of the leather at the level of the most used seats which is linked to the constraints that the seat covering undergoes during use; Discoloration, alteration or any modification or deterioration of appearance due to: excessive action of natural or artificial light; the use of any cleaning product not suitable for the covering; external causes: domestic accidents, water damage, stains, burns, scratches, animals, etc.; to improper assembly, adjustment or other interventions carried out by persons not approved by the Seller; to the action of sweating and natural perspiration of the body or to the action of seborrhea.

Article 4. IMPLEMENTATION OF THE COMMERCIAL GUARANTEE

In order to benefit from this commercial guarantee, the buyer must present the purchase invoice and obtain the prior agreement of the Seller for the return of any product.

Article 5. LEGAL GUARANTEE OF CONFORMITY

Notwithstanding the provisions of the commercial guarantee, it is recalled that the buyer benefits from the provisions of the legal guarantee of conformity recalled below.

The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the customer is only required to establish the existence of the lack of conformity and not the date on which it appeared. 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 legal guarantee is applicable to this digital content or this digital service throughout the entire period of supply provided. During this period, the customer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date on which it appeared. The legal guarantee of conformity requires the seller, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity entitles the customer to have the goods repaired or replaced within thirty days of their request, free of charge and without any major inconvenience to them. If the goods are repaired under the legal guarantee of conformity, the customer benefits from a six-month extension of the initial warranty. If the customer requests the repair of the goods, but the seller imposes a replacement, the legal guarantee 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 by keeping 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 a major inconvenience for the customer, in particular when the customer definitively bears the costs of recovery or removal of the non-compliant goods, or if he bears the costs of installation of 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 consumer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the immediate reduction in price or termination of the contract. The customer is then not required to request the repair or replacement of the goods beforehand.

The consumer is not entitled to cancel the sale if the lack of conformity is minor.

Any period of immobilization of the property for the purpose of its repair or replacement suspends the guarantee which remained to run until delivery of the repaired property.

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 implementation of the legal guarantee 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 Consumer Code ). The consumer also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code , for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept or to a full refund upon return of the goods.

The buyer is informed that the commercial guarantee applies in addition to the legal guarantees from which they benefit. The legal guarantees of conformity apply to all products purchased by the buyer.

Article 6. DEGRESSIVITY

For some products, the commercial warranty includes free support for an initial period, followed by a progressive reduction in subsequent years. The details and percentages applicable to each type of product are specified below:

Box spring, headboard, mattress, free for 5 years : 30% the 6th year, 20% the 7th year, 15% the 8th year, 10% the 9th year, 5% the 10th year.

This warranty does not apply to sofa bed and Murphy bed mattresses.

Frame and front of the Murphy bed, free for 5 years : 35% in the 6th year, 30% in the 7th year, 25% in the 8th year, 20% in the 9th year, 15% in the 10th year.

Folding bed mechanism, free for 5 years : 45% the 6th year, 35% the 7th year, 30% the 8th year, 25% the 9th year, 15% the 10th year.

Sofa structure, free for 5 years : 35% the 6th year, 30% the 7th year, 25% the 8th year, 20% the 9th year, 15% the 10th year.

Convertible sofa mechanism (8 years after the end of the legal period of compliance with a reduction): 50% the 3rd year, 30% the 4th year, 20% the 5th year, 15% the 6th year, 12% the 7th year, 10% the 8th year, 8% the 9th year, 5% the 10th year.

Convertible and Murphy bed mattresses (8 years after the end of the legal period of compliance with a reduction) : 50% the 3rd year, 30% the 4th year, 20% the 5th year, 15% the 6th year, 12% the 7th year, 10% the 8th year, 8% the 9th year, 5% the 10th year.