TERMS OF SALES
ARTICLE 1. PURPOSE
These terms and conditions of sale aim to define the contractual relations between the company FLEUX, SARL registered in the Paris Trade and Companies Register under number B481283901, and the buyer and the conditions applicable to any purchase made through the FLEUX merchant site, FLEUX, whether the buyer is a professional or a consumer. The acquisition of a good or a service through this site implies unreserved acceptance by the buyer of these terms and conditions of sale.
FLEUX 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.
ARTICLE 2. TERMINOLOGY
The services offered by FLEUX on its website, namely the sale of products, will hereinafter be referred to as the "products", each person wishing to benefit from the products and having satisfied the general conditions set out in article 4 will hereinafter be referred to as a "customer", each company having mandated FLEUX to sell a product belonging to it on its site will be referred to as a "supplier", each order made by a customer under the conditions provided will hereinafter be referred to as "the order".
ARTICLE 3. CHARACTERISTICS OF THE GOODS AND SERVICES OFFERED
The products and services offered are those which appear in the catalogue published on the FLEUX website.
The descriptions of the products offered by FLEUX on its site are, within the limits of the information provided by the suppliers to FLEUX, accurate. However, the information mentioned on each product sheet is given for information purposes only and the company FLEUX cannot be held liable if errors have been introduced. The photographs do not enter into the contractual field. The company FLEUX undertakes to make its best efforts to correct errors or omissions as quickly as possible after being informed of them.
All texts and images presented on the FLEUX company website are reserved, for the entire world, under copyright and intellectual property rights; their reproduction, even partial, is strictly prohibited.
ARTICLE 4. DURATION OF VALIDITY OF SALES OFFERS
In the event of an order for several products, one or more of which has a delivery time indicated on the product sheet, the entire order will be shipped by default at the end of this delivery time.
In the event of an order for a product that has become unavailable, the customer will be informed of this unavailability as soon as possible by email or telephone of the restocking time, the delivery of a partial order or the cancellation of their order. A product substitution may be offered to the customer, often by telephone; in the event of absence, an email will then be sent. If the debit has already occurred at the time of the information given on the unavailability of the product, a request for reimbursement of the amounts committed is made: an email is then sent to the customer on this subject. Following this request, the period for which the bank account is credited is 14 days according to the law in force.
ARTICLE 5. PRICE OF PRODUCTS
The "Catalog" section of our site indicates the prices in euros including all taxes, excluding shipping costs. The amount of VAT and shipping costs appear on the screen at the end of the selection of the different products by the customer.
The prices listed in the catalog are inclusive of all taxes in euros, taking into account the VAT applicable on the day of the order; any change in the rate may be reflected in the price of the products or services. FLEUX reserves the right to modify its prices at any time, it being understood, however, that the price listed in the catalog on the day of the order will be the only one applicable to the buyer, provided that the price is serious. The prices indicated do not include order processing, transport and delivery costs provided that they take place in the geographical areas provided for below.
ARTICLE 6. ORDER
Customers have the option to order in two ways:
On the Internet: https://www.fleux.com/
By phone, by calling our stores from Monday to Friday from 11:30 a.m. to 8 p.m. on 01 42 78 27 20 for Fleux 1, 01 42 77 73 85 for Fleux 2, 01 42 74 51 82 for Fleux 3, 01 42 74 65 54 for Fleux 4, 01 43 48 73 75 for F6 and for the website: 01 53 00 93 30 from 9 a.m. to 5 p.m.
Customers guarantee that they are fully authorized to use the bank card and that this bank card gives access to sufficient funds to cover all costs resulting from the use of the products. Only persons legally capable of entering into contracts concerning the goods and services offered on the site may order on the FLEUX site.
By clicking on the "Complete my order" button during the ordering process, the customer declares to fully and unreservedly accept all of these General Terms and Conditions of Sale. The data recorded by FLEUX constitutes proof of all transactions between FLEUX and its customers. FLEUX will systematically confirm your order and then its shipment by email.
The contractual information is presented in French and will be the subject of a confirmation repeating this contractual information at the latest at the time of delivery. The prices of our products are indicated including all taxes and excluding participation in processing and shipping costs. FLEUX reserves the right to refuse any order from a customer with whom there is a dispute.
ARTICLE 7. PAYMENT TERMS
Payment for purchases is made by credit card. The accepted credit cards are: CB, Visa, Mastercard, American Express, Maestro and Paypal. The customer's bank account will be debited after a period of 2 days following the date of the order and it will be considered effective after confirmation of their agreement from the bank payment centers. In the event of refusal by the bank, the order will be automatically canceled.
Only the HiPay payment service has confidential information (card number, expiry date) which is inaccessible to a third party.
In accordance with the Data Protection Act of 6 January 1978, you have the right to access, rectify and object to all of your personal data at any time by writing, by post and providing proof of your identity, to “FLEUX - Service Informatique et Libertés - 39 rue Sainte Croix de la Bretonnerie, 75004 PARIS” or by email to rgpd@fleux.com.
ARTICLE 8. DELIVERIES
The products will be sent to the delivery address that the buyer indicated during the order process, only in the agreed geographical area. Participation in processing and shipping costs is inclusive of VAT. When shipping a complete order, FLEUX provides an original invoice including delivery costs and VAT.
DESTINATION
FLEUX delivers parcels throughout mainland France and to countries in the European Union.
The risks are the responsibility of the purchaser from the moment the products leave FLEUX's premises.
Delivery rates depend on the chosen method, the country of delivery and the weight of the order. Details can be found here.
SHIPPING TIMES
The shipping time is indicated on the site for each product. Unless otherwise stipulated, products are shipped within 24 hours, when the order is placed before 8 a.m. For furniture, shipping can take up to 72 hours after the order date.
Products with an indication of additional lead time (“available in 3 weeks”) are pre-orderable items, the announced preparation time is therefore added to the delivery time.
Delivery times correspond to processing and delivery times, themselves calculated based on the date of receipt of the goods. These times also vary depending on the destination and do not include public holidays and weekends. However, in the event of an overrun exceeding 15 days, the customer will benefit from a period of 60 days from the date indicated for delivery to exercise his right of withdrawal in accordance with the law of January 18, 1992. From the exercise of the right of withdrawal, FLEUX will make a refund within 14 working days.
In the event of partial delivery, this right will only apply to the undelivered balance of the order.
Each delivery is deemed to have been made upon the product being made available to the customer by the carrier, as evidenced by the control system used by the carrier. It is the recipient's responsibility to check the shipments upon arrival and to make any reservations and complaints that appear justified, or even to refuse the package if it is likely to have been opened or if it shows obvious signs of deterioration. Said reservations and complaints must be sent by email to commande@fleux.com within three working days following delivery of the products, with a photo of the packaging, the shipping box with the carrier's label visible.
If the products delivered do not conform in nature or quality with the specifications indicated in the delivery note, the customer must, under penalty of forfeiture, make his complaints within three days after delivery.
In the event of delay, breakage or shortage, the customer can contact our Customer Service via the "Contact us" section on the FLEUX website or via commande@fleux.com.
IN THE CASE OF A SHIPMENT BY TRACKED COLISSIMO:
The customer can be informed of this departure by sending an email summarizing the products sent and informing of the tracking number allowing to click or connect to the carrier's website to know its progress.
It then takes 2 to 3 working days to be delivered or to receive a notice of passage in the mailbox. From the time the notice of passage is deposited in the customer's mailbox, the customer has 15 days to collect it from the post office. If this deadline is exceeded, the package will be returned to FLEUX. It will be up to the customer to contact FLEUX again for a possible reshipment or a refund of the order (excluding shipping costs).
NON-RECEIPT OF PACKAGE
If 5 working days after the package has been shipped, the customer has not received any news of their order, they can check the carrier's website with the tracking number provided and contact Customer Service to obtain more information on the delivery status of their package.
If neither the post office nor the parcel tracking service (www.coliposte.net) claims to have any trace of this parcel, the customer must then contact FLEUX via the “Contact” section.
FLEUX Customer Service will then open an investigation with the Post Office services. The customer will then receive an email indicating that an investigation has been opened. The final response times from the Post Office vary from one to three weeks, from the sending of the email sent to the customer.
If the package is found, it is then sent to the customer: the reception procedure then follows its normal course (deposit of the package or delivery notice, etc.)
If the package is declared lost (the final response is often given within the maximum time limit, i.e. three weeks), www.fleux.com then notifies the customer and immediately initiates the resending of the order or the reimbursement of the package (products and shipping costs), depending on the availability of the product and the customer's decision.
IN THE CASE OF SHIPMENT BY CARRIER:
In the case of bulky parcels, the parcel is packed and delivered on a pallet, to the doorstep or entrance of the building. The carrier and the customer make an appointment together for the delivery, deciding on a delivery day. Delivery can be made throughout the day at the customer's home, between 9 a.m. and 6 p.m.
In the event of absence, a delivery notice is left in the mailbox: the carrier's contact details are then communicated to the customer who must then arrange an appointment by calling them at the number indicated on the notice.
If the Customer has not shown up at the appointment time chosen with the carrier, the delivery will be unsuccessful. It will therefore be necessary to schedule a second delivery, which will be billed to the customer. In the event of the Customer being unavailable on the date initially chosen, the Customer must notify the carrier 48 hours before the scheduled date. Otherwise, the chosen appointment cannot be cancelled.
If the carrier cannot leave the notice of passage (unknown address, door code not communicated, etc.), he will contact FLEUX to obtain the missing item from the customer. If the customer does not respond, the package will be returned to https://www.fleux.com/ and a refund will then be made.
PICK UP IN STORE
FLEUX offers its customers the option of collecting their orders from the store at 40 rue Sainte Croix de la Bretonnerie, 75004 Paris, once they have been informed by email that their orders are available.
Customers have one month to collect their packages from the date the notification is sent by email “Ready for collection in store”.
ARTICLE 9. CUSTOMER RELATIONSHIP / After-sales service
For any information, questions or complaints, the customer can contact the company's Customer Service from Monday to Friday, from 9 a.m. to 1 p.m. and from 2 p.m. to 5 p.m.
Address: 39 rue sainte croix de la bretonnerie 75004 Paris.
Tel: +33 (0)1 53 00 93 30
e-mail: commande@fleux.com
ARTICLE 10 – RIGHT OF WITHDRAWAL
All products sold on the eshop benefit from the "satisfied or refunded" clause for 30 days from the date of delivery in accordance with the provisions of the Consumer Code, article L 121-21, provided that the product has not suffered any damage and is in its original packaging.
In order to facilitate the processing of the refund, any return must be previously authorized by FLEUX with the allocation of a return number and a return slip to be inserted in the box with the returned products. You must therefore inform FLEUX at the following email address: commande@fleux.com or via the withdrawal form on the “my account” page.
The return will be made to the following address, unless otherwise specified: FLEUX, Returns Department, 39 rue Sainte Croix de la Bretonnerie, 75004 Paris.
The customer exercises his right of withdrawal in accordance with article L 121-21 of the Consumer Code within 30 days from receipt of the goods. This right is exercised by returning the product to FLEUX. The refund to the customer will be made by transfer within 14 days from receipt of the goods by FLEUX, following the exercise of the right of withdrawal.
The right of withdrawal can also be exercised upon ordering and before the logistical processing of the package. In this case, the order is simply cancelled and we proceed with the refund.
No return shipment against reimbursement will be accepted, whatever the reason.
This right of withdrawal can never apply if the products delivered have clearly been used for a long time (beyond a few minutes).
The products must be returned properly protected, in their original packaging, in perfect condition for resale (not damaged, spoiled or soiled by the customer) accompanied by all possible accessories, instructions for use and documentation to the address indicated above, accompanied by the original sales invoice, of which the customer will keep a copy.
Packages for which no enclosed information allows the sender to be identified (order number, email, surname, first name, address) will also not be accepted.
The costs and risks associated with returning the product are the responsibility of the sender.
ARTICLE 11 – LEGAL GUARANTEE AGAINST HIDDEN DEFECTS
All products supplied by the seller benefit from the legal guarantee provided for by articles 1641 and following of the Civil Code. In the event of hidden defects in a product sold, it may be returned to the seller who will take it back, exchange it or refund it. All complaints, requests for exchange or refund must be made by email to sav@fleux.com or by post to the following address: FLEUX, After-Sales Service, 39 rue sainte croix de la bretonnerie, 75004 Paris.
ARTICLE 12. LIABILITY
The seller, in the online sales process, is only bound by an obligation of means; his liability cannot be incurred for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of service, or other involuntary problems.
ARTICLE 13. INTELLECTUAL PROPERTY
All elements of the FLEUX website are and remain the intellectual and exclusive property of FLEUX. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether software, visual or audio. Any simple or hypertext link is strictly prohibited without the express written consent of FLEUX.
ARTICLE 14. PERSONAL DATA
The information collected or processed during your browsing on the FLEUX site is subject to computer processing intended for FLEUX, its subcontractors and its partners, in order to improve the services offered, process your requests, facilitate your browsing and registration and inform you of FLEUX offers and news, unless you object.
The recipients of the data are FLEUX, its subcontractors and partners.
In accordance with the provisions of Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms, the site has been declared to the CNIL (National Commission for Information Technology and Freedoms), under No. 1655260 v 0. In accordance with this law, you have a right to access the data, as well as a right to modify and delete it.
In the event of transfer or use by third parties of personal data, FLEUX undertakes to inform the user in advance in order to allow him to exercise his right of opposition. FLEUX may also provide consolidated statistics relating to its customers, its sales, exchange structures and relating to information on the site to trusted third parties, but these statistics will not contain any personal data.
This article shall not prevent the assignment or transfer of activities to a third party. Consequently, in accordance with the Data Protection Act of 6 January 1978, the customer may exercise his right to access the file and his right to rectify or delete information concerning him by sending his request (indicating email address, surname, first name, postal address), by visiting the FLEUX website, in the "Contact" section or by mail to the following address: 39 rue Sainte Croix de la Bretonnerie 75004 Paris.
In accordance with the "Information Technology and Freedoms" law of January 6, 1978, amended in 2004, you have the right to access and rectify information concerning you, which you can exercise by contacting us by attaching a copy of an identity document to your request by post: FLEUX, Communication Department, 39 rue Sainte Croix de la Bretonnerie 75004 Paris.
You may also, for legitimate reasons, object to the processing of data concerning you.
You can also access information about you and make any necessary corrections directly on the site by going to your account.
Finally, you also have the option to unsubscribe from the newsletters offered by FLEUX by clicking on the link provided at the bottom of the page in the last newsletter received.
Furthermore, your banking information is never in our possession. Transactions are entirely processed by the HiPay and Paypal payment solution.
ARTICLE 15. ARCHIVING
FLEUX will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1348 of the Civil Code. The computerized records of FLEUX will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
ARTICLE 15 – LIABILITY – DISPUTES – APPLICABLE LAW
The photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, FLEUX cannot be held liable in the event of an error in one of these photographs or one of these texts.
FLEUX cannot be held responsible for damages of any nature, whether material, immaterial or physical, which could result from a malfunction or improper use of the products sold. The same applies to any modifications to the products resulting from suppliers.
Unprotected stone, marble or wood are materials that require meticulous maintenance.
Indeed, natural stone or wood have a protective finish, but remain very fragile to humidity and grease in particular.
This is why we recommend using coasters, and any spills should be wiped up immediately.
Consequently, Fleux disclaims any liability relating to use contrary to the stipulated recommendations.
FLEUX's liability will, in any event, be limited to the amount of the order and cannot be called into question for simple errors or omissions which may have remained despite all the precautions taken in the presentation of the products.
FLEUX cannot be held liable, towards a customer or a third party, for any indirect damage, loss of business, profit or turnover, occurring in any way whatsoever, even if this damage or loss or prejudice was foreseeable by FLEUX, or if its possibility had been brought to its attention.
Without limiting the preceding paragraphs, FLEUX's liability under these general conditions may not exceed an amount equal to the sums paid or payable during the transaction giving rise to said liability, whatever the cause or form of the action concerned.
FLEUX cannot be held responsible for the non-performance of the contract concluded in the event of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communications, flooding, fire.
In the event of a dispute, the customer will contact FLEUX as a priority to obtain an amicable solution. Failing this, the courts of Paris shall have sole jurisdiction, regardless of the places of delivery and the methods of payment accepted.
These general terms and conditions of sale in French will be executed and interpreted in accordance with French law. Any dispute that may arise in connection with its validity, interpretation or execution will be submitted to the Courts of Paris, to which exclusive jurisdiction is expressly attributed.
FLEUX reserves the right to modify the general terms and conditions of sale. Customers who do not wish for contractual relations to be governed by the new version of the general terms and conditions of sale must notify this and, from the date on which the new version takes effect, they must stop using FLEUX services. In the event that any of the terms of the general terms and conditions of sale are deemed illegal or unenforceable by a court decision, the other provisions will remain in force.