Terms and conditions of sale

Article 1 - GENERAL CLAUSE

The sales of our company Espace Loggia Expansion – RCS Paris B 388 744 914 – 92 Rue du Bac, 75007 PARIS – are subject to the present general terms and conditions, which prevail over any purchase conditions, unless we expressly waive them.

Article 2 - PRIVACY

Studies, plans, drawings and documents sent or handed over by us remain our property, and may not be communicated to third parties for any reason whatsoever by the purchaser.

Article 3 - FORMATION OF THE CONTRACT

Product orders are generated by the configurator according to the measurements and specifications specified by the customer.
The sale will only be considered definitive once the customer has reread and ticked the general conditions of the order, and once the price or deposit has been received. When an order form is drawn up by our company, it constitutes the special conditions modifying or completing the present general conditions, it being specified that any order validated by the customer implies acceptance of the offer of sale under the general and special conditions
agreed between the parties.
A full description of item references is available to customers on our price list and technical data sheets.
The customer is expressly informed that as soon as the general conditions of sale and payment have been accepted, the contract is firm and definitive.

Article 4 - CHANGES TO THE ORDER

Each order gives rise to a specific production run based on the configuration of the premises given by the customer (size of the room to be furnished, ceiling height, customer’s wishes – this list is not exhaustive) and therefore cannot be modified.

Article 5 - TIME LIMITS / SHIPPING / CLAIMS

5.1 Unless otherwise agreed, delivery is deemed to have taken place in our factories or warehouses. The purchaser undertakes to take delivery within 7 days of notification of availability. Once this time limit has expired, a storage charge of 7.50 euros per day will be applied.
5.2 Delivery is made to the address indicated when the order was placed, within the time limit indicated on the order form. The customer may request in writing a postponement, free of charge, of the delivery date agreed at the time of placing the order, no later than 48 hours before the delivery date.
In the event of a request to postpone the delivery date less than 48 hours before the scheduled date, or if the customer is absent on the day of the appointment, delivery and assembly costs will be increased by 50%.
5.3 In the case of a sales contract for a movable item costing more than 500 euros including VAT, a delivery deadline is mentioned on the order form in accordance with the provisions of the French Consumer Code. If the items ordered have not been delivered after the date shown on the order form, for any reason other than force majeure, the sale may be canceled at the written request of the Customer under the conditions set out in articles L 216-2 L216-3 and L241-4 of the French Consumer Code.
The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of termination of the contract, to the exclusion of any compensation or deduction.
5.4 Unless otherwise agreed, the buyer is responsible for insuring the costs and risks of transporting the goods sold.
It is the responsibility of the customer, or the person receiving the goods in their absence, to check the contents of the parcels on arrival and to express any reservations regarding anomalies in writing on the carrier’s delivery note at the time of delivery.
5.5 In all cases, complaints about visible defects or non-conformity of the delivered product with the product ordered or with the dispatch note must be made in writing within ten days of delivery. Failing this, the silence of the consignee – or of the person receiving the goods in his absence – shall be deemed to constitute receipt in conformity.

Article 6 - PRICES

Prices are net, ex works, all taxes included, on the basis of the tariffs communicated to the customer at the time the order is placed.
All taxes, duties or other charges payable in application of French or foreign regulations or those of an importing or transit country are to be borne by the customer. Unless otherwise agreed in writing by the seller, carriage costs are always payable by the customer.
Sales are made net cash or validated by the payment of a deposit of at least 50% of the total amount, the balance being payable before collection or delivery of the goods. We accept cash, credit cards and bank transfers.

Article 7 - GUARANTEE

Products supplied by the Vendor are covered by the legal warranty of conformity, for apparently defective, spoiled or damaged Products or Products that do not correspond to the order or immediate purchase, and by the legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use, under the conditions set out below.
Under the legal warranty of conformity, the customer has a period of two years from delivery of the goods to take action against the Seller; may choose between repair or replacement of the Product ordered, subject to the cost conditions set out in article L 217-9 of the French Consumer Code; is exempted from proving the existence of the Product’s lack of conformity during the twenty-four months following delivery of the Product, except for second-hand goods, for which the period is extended to six months (art. 217-7 of the French Consumer Code).
The legal warranty of conformity applies independently of any commercial warranty that may cover the Product. The Customer may decide to invoke the warranty against hidden defects in the Product in accordance with article 1641 of the French Civil Code; in this case, the Customer may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.
In order to assert his rights, the Customer must inform the Vendor in writing of the non-conformity of the Products within the above-mentioned time limits and return or bring back to the store the defective Products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Vendor will reimburse, replace or repair Products or parts under warranty deemed to be non-conforming or defective. In the case of delivery, shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed on the basis of receipts.
Reimbursements for Products found to be non-conforming or defective will be made as soon as possible, and no later than sixty days following the Vendor’s finding of the non-conformity or hidden defect. Refunds will be made by cheque sent to the Customer.
The Vendor may not be held liable in the event of failure to comply with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to check; in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, or in the event of normal wear and tear of the Product, accident or force majeure.
The Vendor’s warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are defective.
Spare parts are available 5 years from date of purchase.

Article 8 - PROPERTY RESERVATION CLAUSE

The seller retains ownership of the goods sold until actual payment of the full price in principal and accessories.
The delivery of a document creating only an obligation to pay (draft or other) does not constitute payment within the meaning of this clause.
Failure to pay on any of the due dates may result in the goods being reclaimed. This provision does not prevent the transfer to the purchaser, on delivery, of the risks of loss and deterioration of the goods sold, as well as any damage they may cause. Except where the customer uses a carrier of his own choosing, independent of the seller, in which case the transfer of risks takes place when the products ordered are handed over by the seller to the carrier chosen by the customer, whatever the date of transfer of ownership of the products, the transfer of risks of loss and deterioration relating thereto will only take place when the customer takes physical possession of the products. Products therefore travel at the Seller’s risk.

Article 9 - LIABILITIES

Our structures must be fixed to the building (wall, in principle) with the fixing kit supplied by the vendor with each sale of equipment. However, the buyer is responsible for the anchors used to fasten the structures, ensuring that they are suitable for the quality of the building material.
Espace Loggia Expansion cannot be held responsible for any accident resulting from inadequate and/or improper assembly.
Raised beds over 60cm are not recommended for children under 6.
We recommend that mobile beds be inspected every 5 years and that the cable(s) be replaced every 10 years.
The customer acknowledges having received, from the store and the fitter, instructions for the use, care and maintenance of our mobile beds.

Article 10 - RIGHT OF WITHDRAWAL

Under article L221-18 of the French Consumer Code, you have 14 days to change your mind. This is the right of retraction. If you exercise this right, the Vendor will reimburse you for the goods or services ordered.

However, in accordance with article 221-28 of the Consumer Code created by Ordinance n°2016-301 of March 14, 2016 – art, the right of withdrawal does not apply to goods made to your request or clearly personalized whose manufacture requires special adaptations to meet very precise technical and aesthetic requirements.
Therefore all custom-made furniture configured using our 3D configurator and purchased, cannot therefore fall within the scope of the Right of Withdrawal. It is therefore up to the buyer to check his order in detail; colors, dimensions and materials. The order of a custom-made piece of furniture placed on the espace-loggia.com website is therefore firm and final. No returns will be accepted under article L221-18 of the French Consumer Code.

Article 11 - JURISDICTION / DISPUTES

All disputes arising out of or in connection with the purchase and sale transactions concluded in application of these general terms and conditions of sale, concerning their validity, interpretation, performance, termination, consequences and consequences, and which
could not be resolved amicably between the Vendor and the Customer, shall be submitted to the competent courts under the conditions of common law.
The attribution of jurisdiction is general and applies whether it is a main claim, an incidental claim, an action on the merits or a summary proceeding, regardless of the place of delivery and the accepted method of payment.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, ESPACE LOGGIA is a member of the AME – Association of European Mediators, whose contact details are as follows: 11 place Dauphine 75001 PARIS.
After prior written application by the consumer to Espace Loggia, the AME Mediator may be contacted, for any consumer dispute which has not been settled, either by post or via the following website: http://www.mediationconsoame.com/unifa-equipement-de-la-maison

Transport and accessibility instructions

Shipping instructions for room delivery or hand delivery by courier:

I’m committed:

Check that the number of parcels delivered is correct in relation to the number of parcels shown on the delivery note.
To check the visible external condition of all packages (this includes all sides and corners) in the presence of the carrier upon delivery, and to note on the delivery note (paper or digital) any missing, scratched or damaged packages, or those presenting a risk of alteration (e.g. damp packages). If you notice any damage, you must open the parcel in the presence of the carrier or, if the carrier does not allow you to do so, make the reservation « damaged parcel (specifying the location of the damage) on delivery ».
ATTENTION, the words « Subject to unpacking » have no legal value. In the event of problems upon receipt, photos must be taken before and after unpacking to facilitate reimbursement procedures with the carrier.
Please check the accessibility of your home. Carriers will only be required to deliver via normal access routes. In other words, they will not pass parcels over windows, use elevating equipment or carry boxes more than 60 cm above the ground.

I acknowledge that Espace Loggia cannot be held responsible, in case of dispute, if the packages have not been opened in front of the carrier and if no reservation has been clearly notified to the carrier upon delivery as specified in the preceding paragraphs.

In the event of a dispute, it is very important that you accept all the parcels you receive, even if they are damaged or missing. It’s much quicker to deliver only the missing or damaged items than an entire order.

Delivery to the room does not include assembly, placement or unpacking of the furniture. All packaging must be disposed of by you at a waste disposal center.

Transport instructions for standard pallet delivery:

I’m committed:

To check the external condition of the pallet or transport crate in front of the carrier on delivery, and to note any defects in packaging or damage to the pallet/transport crate on the delivery note (paper or digital).
As far as possible, to unload the pallet in the presence of the carrier to check the condition of the packages, and to take photos of any packages with packaging defects or visible damage.
ATTENTION, the mention « Sous réserve de déballage » (subject to unpacking) has no legal value. In the event of a problem upon receipt, photos must be taken before and after unpacking in order to facilitate reimbursement procedures with the carrier.

I acknowledge that Espace Loggia cannot be held responsible, in the event of a dispute, if no reservation has been clearly notified to the carrier at the time of delivery as specified in the preceding paragraphs.

Standard delivery does not include assembly, placement or unpacking. Standard deliveries are made « at the foot of the truck », i.e. at the property line in front of your door or gate. This type of delivery is made by large semi-trailer trucks (up to 2.5m wide, 25m long and 4m high), so it’s imperative that you inform the transporter of any difficulty accessing the site when making your delivery appointment, so that another vehicle can be used. All packaging (including pallets/transport crates, plastic protections, bubble wrap, cardboard boxes) must be disposed of by you at a waste disposal center.

Home accessibility

Your Espace Loggia furniture is a bulky product. Even though it will be delivered to you ready to assemble, the fact remains that, depending on the furniture configuration, certain parts have a volume that needs to be taken into account for good accessibility in your room.

The convertible bed Dklé/Triptyque/Diptyque:

You’ve chosen the size of the structure height on the configurator according to your ceiling height. Bear in mind that this dimension will constitute the value of the largest parts of your delivery. The pillars, and the counterweight cover part of your bed will be delivered in one piece. Here’s an example:

For a 2m45 DKLÉ bed, the pillars will be 245cm long, 15cm deep and 15cm wide. The counterweight cover will be approximately 75 cm wide by 245 cm long and 4 cm deep.

Make sure you have enough space to handle the parts without damaging them. Also consider stairwells, elevator shafts and right-angled doorways.