ANY ORDER PLACED ON THE WEBSITE www.annejacqueminsablon.fr IS SUBJECT TO THE UNCONDITIONAL ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS OF SALE. PLEASE READ THEM CAREFULLY IN THEIR ENTIRETY BEFORE PLACING AN ORDER.
The website www.annejacqueminsablon.fr (hereinafter referred to as the «Site») is published by the company Anne Jacquemin Sablon, a single-member limited liability company with a capital of 31,000 euros, whose registered office is located at 17 rue de l’Estrapade – 75005 Paris (France), registered with the Paris Trade and Companies Register under number 523 356 681 and whose intra-community VAT num- ber is FR22523356681 (hereinafter «AJS»). To read the legal notices relating to the Site, click here.
AJS’s business activity includes the promotion, exhibition, and sale of works of art, furniture, lighting, and decorative objects. It manages an art and design gallery located in the heart of Paris dedicated to contemporary design and applied arts, as well as a website accessible at the address www.annejacqueminsablon.fr, which presents a collection of furniture, lighting, accessories, and works of art that are custom-made according to the customer’s specifications.
It is specified that the sale of products presented on the Site is exclusively reserved for individuals and legal entities wishing to purchase one or more products for strictly personal and non-commercial use.
Article 1 – PURPOSE AND SCOPE OF APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
1.1 – These general terms and conditions of sale (hereinafter «GTC») aim to define the terms and conditions under which AJS sells the pro- ducts listed on the Site (hereinafter the «Product(s)») to any natural or legal person (hereinafter the «CUSTOMER»).
1.2 – The GTC apply to any order for Products placed on the Site, to the exclusion of any other conditions appearing in any other document, unless there is prior, express, and written derogation from AJS. They can be consulted at any time by clicking on the «General Terms and Conditions of Sale» page of the Site. They are also recalled at the time of placing the order by a hypertext link.
1.3 – By ticking the box «I have read and accept the general terms and conditions of sale», the CUSTOMER is deemed to have the legal capacity necessary to contract with AJS and to adhere expressly and unreservedly to these GTC. When the CUSTOMER is a legal entity, the person ticking the box «I have read and accept the general terms and conditions of sale» is deemed to have the necessary authority to contract with AJS on behalf and for the account of the CUSTOMER it represents.
1.4 – Since the GTC may be subject to modifications, the applicable GTC are those in force on the Site at the time of placing the order by the CUSTOMER. The CUSTOMER is invited to print them or save them on a durable medium (for example, on the hard drive of their compu- ter). In any case, a paper copy of these GTC is provided to the CUSTOMER upon delivery of their order.
ARTICLE 2 – PROVISIONS RESERVED FOR CONSUMERS
2.1 – Only CUSTOMERS who qualify as «consumers» within the meaning of the French Consumer Code may benefit from the provisions set out in Articles 6 (Right of withdrawal), 10.2 (Applicable law), 11.2 (Consumer mediation), as well as the provisions concerning the legal guarantee of conformity referred to in Article 7 and reproduced in Appendix 1 to these GTC.
2.2 – For informational purposes, it is specified that individuals acting for purposes that do not fall within the scope of their commercial, industrial, craft, liberal, or agricultural activity qualify as «consumers» within the meaning of the French Consumer Code (Preamble Article).
ARTICLE 3 – PRODUCT INFORMATION
3.1 – Product Characteristics
3.1.1 – The essential characteristics of each Product are indicated on the page of the Site where the Product is individually presented (herei- nafter «Product Page»).
3.1.2 – Ambiance photographs or product photographs displayed on the Site present the Products as faithfully as possible to reality. However, considering that the display of colors in these photographs depends on the screen used by the CUSTOMER, including its quality, settings, and the light present in the room where the screen is located, AJS cannot be held responsible for any minor differences in visual
perception between these photographs and the Products delivered.
3.2 – Made-to-Order Manufacturing
3.2.1 – The Products presented on the Site are made to order, according to the Client’s specifications.
3.2.2 – Manufacturing lead times are indicated on the Site and average from 6 to 12 weeks.
3.3 – Product Prices
3.3.1 – The prices of the Products displayed on the Product Pages are indicated in euros including VAT and include the applicable VAT. They do not include delivery charges, or any customs duties or fees, which are subject to additional billing.
ARTICLE 4 – ORDER PROCESS
4.1 – Product Selection
4.1.1 – During navigation on the Site, the CUSTOMER can select one or more Products of their choice by visiting each Product Page and selecting, for each Product, the size and/or color, and then the desired quantity, before adding it to their cart by clicking «Add to cart».
4.1.2 – Regarding bulky Products, it is the CUSTOMER’s responsibility to ensure that the dimensions of the Product with its packaging do not obstruct the proper delivery of the Products to the CUSTOMER.
4.2 – Cart Verification
4.2.1 – Once their selection is finalized, the CUSTOMER goes to their «Cart» page to verify the contents of their cart (identification and quantity of Products, corresponding prices) and correct any errors. The CUSTOMER is informed of the delivery time and charges that will be applied in France.
4.2.2 – For deliveries outside Metropolitan France, as well as for bulky Products, it is recommended to contact AJS by writing to the address provided at the beginning of these terms or to info@ajs.paris to obtain a quote for delivery charges and any additional taxes.
4.2.3 – If the content and total price of their cart, as well as the delivery time and charges, suit the CUSTOMER, they can proceed with the ordering process by clicking «Proceed to checkout».
4.3 – Order Validation
4.3.1 – From the «Checkout» page, the CUSTOMER logs in, if not already done, to their customer account. Indeed, to be able to place an order for Products on the Site, the CUSTOMER must have a customer account. They can create a customer account at any time, from the «My account» page, by providing a valid email address and choosing a password. They also have the option to create their customer account at the time of placing their first order, from the «Checkout» page, by entering the same information in the «Delivery Details» section.
4.3.2 – The CUSTOMER then completes all the necessary information for the correct delivery of the order, as well as the information neces- sary for the billing of the order when these differ from those related to delivery.
4.3.3 – After verifying the accuracy of the delivery information (and, if applicable, the feasibility of delivering bulky Products as indicated in Article 4.1.2 of these GTC) as well as the summary of their order (identification and quantity of Products, corresponding prices, delivery time and charges), and accepting the unconditional application of these GTC, the CUSTOMER clicks «Confirm order and pay» to confirm acceptance of their order and explicitly acknowledge their payment obligation.
4.4 – Order Payment
4.4.1 – After clicking «Confirm order and pay», the CUSTOMER is directed to the online payment solution chosen by AJS to proceed with payment for their order by credit card (Visa, Mastercard, Carte Bleue), or by PayPal.
All transactions are secure: they take place in a strict framework of confidentiality and encryption via the SSL protocol. Some payments may be subject to specific control measures for each payment method or the order amount (3D-Secure v2) to ensure the security of purchases made on the Site and to combat fraud.
4.4.2 – By proceeding with payment for their order, the CUSTOMER warrants that they have all necessary authorizations for using the chosen payment method to pay for their order.
4.4.3 – Payment is made at the time of ordering. The CUSTOMER must therefore ensure their solvency before placing any order.
4.4.4 – Completion of payment results in the automatic sending of an email to the CUSTOMER confirming the registration number of their order and recalling all information concerning their order.
4.5 – Proof and Archiving of the Order
4.5.1 – The data recorded on the Site, validated by the confirmation email referred to in Article 4.4.4 of these GTC, and those recorded by the online payment solution provider constitute evidence of the entire transaction. The CUSTOMER is advised to keep them on any durable medium.
4.5.2 – AJS must keep any order amounting to more than one hundred twenty euros (€120) for a period of ten (10) years from its delivery date and allow the CUSTOMER to access it at any time.
4.6 – Order Cancellation
AJS reserves the right to cancel any order for legitimate reasons, particularly in the following cases:
Order not compliant with the GTC;
Abnormal or bad faith request from the CUSTOMER;
Payment incident;
Fraud or attempted fraud by the CUSTOMER; and
Dispute with the CUSTOMER concerning a previous order.
ARTICLE 5 – DELIVERY
5.1 – Delivery Conditions
5.1.1 – AJS undertakes to deliver the Products worldwide, subject to the Customer’s payment of the delivery amount.
5.1.2 – The delivery time and charges applicable to an order are calculated based on the country where the CUSTOMER wishes it to be delivered. As specified in articles 4.2.1 and 4.3.3 of these GTC, the delivery time and charges are clearly indicated to the CUSTOMER when placing their order, before any validation for Metropolitan France. For deliveries outside Metropolitan France, as well as for bulky Products, it is recommended to contact AJS by writing to the address provided at the beginning of these terms or to info@ajs.paris to obtain a quote for delivery charges and any additional taxes.
5.1.3 – Products smaller than 1 meter by 1 meter can also be delivered to the Customer at the gallery located at 34, rue Coquillière, 75001 Paris for hand delivery. No delivery charges will be invoiced in this case.
5.2 – Shipment Confirmation
AJS will send an email to the CUSTOMER to inform them of the shipment of their order.
5.3 – Transfer of Risk
5.3.1 – When AJS handles the delivery of the Product to the CUSTOMER, the risk of loss or damage to the Product is transferred to the CUSTOMER upon receipt of the Product by the latter, or a third party designated by them (other than AJS’s carrier).
5.3.2 – When the CUSTOMER entrusts the delivery of the Product to a carrier other than AJS’s, the risk of loss or damage to the Product is transferred to the CUSTOMER upon delivery of the Product to their carrier.
5.4 – Receipt of Delivery
5.4.1 – It is the CUSTOMER’s responsibility to refuse delivery, or if applicable, to indicate reservations on the delivery slip, when they notice that the package is damaged (for example, torn or damaged packaging, package that has been opened and then closed). Where pos- sible, the CUSTOMER is invited to open the package in the presence of the carrier to check the condition of the Products. In any case, the CUSTOMER will inform AJS of the situation so that the latter can act accordingly.
5.4.2 – If, once the package is delivered and unpacked, the CUSTOMER finds that some Products are missing or damaged, they undertake to contact AJS as soon as possible so that the latter can, if necessary, exercise its recourse against the carrier and send the CUSTOMER the missing Products or replace the damaged Products as soon as possible. It is the CUSTOMER’s responsibility to provide evidence of the deterioration of a delivered Product and that this deterioration is not attributable to them.
5.4.3 – Upon delivery, AJS provides the CUSTOMER with a paper copy of the invoice and the GTC applicable to the order, as well as a slip (including the order number and the name, first name, and address of the CUSTOMER) which must be included in case of return of one or more Products.
5.5 – Delivery Delay
When the order is not delivered within the agreed upon time, the CUSTOMER may, after unsuccessfully urging AJS to deliver the order within a reasonable additional period (except in cases where the initial delivery date constituted an essential condition of the order for the CUSTOMER), terminate the order by sending a registered letter with acknowledgment of receipt or an email to the addresses indicated in article 12.2 of these GTC.
AJS will refund the amounts paid by the CUSTOMER for the undelivered Products, including the corresponding delivery charges (see article 5.6 of these GTC), no later than fourteen (14) days following the date on which the CUSTOMER notified the termination of the order.
5.6 – Refund of Delivery Charges
This article concerns standard delivery charges that AJS is required to reimburse following the termination of an order exercised by the CUS- TOMER in accordance with articles 3.2.2 and 5.5 of these GTC.
In the event that the termination concerns only part of the order, the standard delivery charges paid by the CUSTOMER when placing the order:
1. will be reimbursed on a pro rata basis for the undelivered Products by the CUSTOMER, where their amount varies per price bracket of the order; or
2. will not be refunded if they are established on a flat rate basis.
ARTICLE 6 – RIGHT OF WITHDRAWAL
6.1 – Conditions of the Right of Withdrawal
According to the legal provisions of the French Consumer Code, the CUSTOMER has a period of fourteen (14) days to declare that they wish to exercise their right of withdrawal, without having to provide a reason. This period starts from the day of receipt of the order by the Customer or a third party designated by them, other than the carrier.
6.2 Absence of Right of Withdrawal for AJS Site Products
All Products offered on the AJS Site are custom-made to the Customer’s specifications, for which the Customer chooses the dimensions, among other things, and made according to the Customer’s specifications. Therefore, in accordance with Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for Products ordered on the Site.
ARTICLE 7 – LEGAL WARRANTIES
7.1 – The CUSTOMER, acting as a consumer, benefits from the legal guarantee of conformity under which AJS is liable for any lack of conformity of the Product to the order, under the conditions of Article L. 217-4 and following of the French Consumer Code. The CUS- TOMER also benefits from the warranty against hidden defects under which AJS is liable for any hidden defects of any Product sold, under the conditions provided for in Articles 1641 and following of the French Civil Code.
The CUSTOMER, acting as a consumer and relying on the legal guarantee of conformity, has a period of two (2) years from the delivery of the Product to take action; may choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code; and is exempt from proving the existence of the lack of conformity of the Product during the two (2) years following the delivery of the Product.
The legal guarantee of conformity applies regardless of any commercial warranty that may be granted.
The CUSTOMER, acting as a consumer, may decide to implement the warranty against hidden defects of the sold item within the meaning of Article 1641 of the French Civil Code; in this case, they may choose between canceling the sale or a price reduction in accordance with Article 1644 of the French Civil Code.
For any request made under the legal guarantee of conformity or the warranty against hidden defects, the CUSTOMER may contact AJS by postal or electronic means at the addresses indicated in Article 12.2 of these GTC.
7.2 – Articles L. 217-4 to L. 217-14 of the French Consumer Code relating to the legal guarantee of conformity as well as Articles 1641 to
1648 of the French Civil Code relating to the warranty against hidden defects are reproduced in Appendices 1 and 2 of these GTC.
ARTICLE 8 – PROTECTION OF PERSONAL DATA
AJS informs the CUSTOMER that it implements a processing of personal data, for which it is responsible.
All information regarding the collection and processing of personal data concerning the CUSTOMER, and where applicable, their em- ployees, as well as the rights conferred on them in this regard, are indicated in the privacy policy available at any time by clicking on the «Privacy Policy» page of the Site (to view the privacy policy, click here).
ARTICLE 9 – LIABILITY
AJS is automatically liable to the CUSTOMER for the proper performance of its obligations resulting from the order. However, it may exempt itself from all or part of its liability in the event of non-performance or improper performance of the order attributable to (i) the CUS- TOMER, (ii) an unforeseeable and insurmountable event of a third party to the order, or (iii) a force majeure event.
ARTICLE 10 – APPLICABLE LAW AND LANGUAGE OF THE GTC
10.1 – These GTC are governed by French law.
10.2 – Notwithstanding Article 10.1 of these GTC, the application of French law cannot deprive the CUSTOMER, acting as a consumer, of the protection provided by the mandatory provisions (i.e., those from which no one can derogate) of the law of the European Union country in which they have their habitual residence.
10.3 – These GTC are drafted in the French language. In the event that they are translated into one or more other languages, only the French text shall prevail in the event of a dispute.
ARTICLE 11 – DISPUTE RESOLUTION
11.1 – Amicable Settlement
In the event of a dispute, the CUSTOMER agrees to first address AJS directly by sending a written complaint.
11.2 – Consumer Mediation
In accordance with the provisions of the French Consumer Code concerning amicable dispute resolution, AJS adheres to the consumer mediation service of the Association of European Mediators (AME Conso), whose website can be consulted at the following URL:
https://www.mediationconso-ame.com/.
If the amicable approach referred to in Article 11.1 of these GTC does not resolve the dispute, the CUSTOMER, acting as a consumer, has the option to contact the consumer mediator of AME Conso free of charge by mail (AME Conso, 11 place Dauphine – 75001 Paris – France) or via its website (https://www.mediationconso-ame.com/demande-de-mediation-ame.html).
Furthermore, it is specified that the CUSTOMER, acting as a consumer, also has the option to submit a mediation request on the European Commission’s online dispute resolution platform (ODR) accessible at the following address:
https://ec.europa.eu/consumers/odr.
11.3 – Judicial Resolution
11.3.1 – AJS and the CUSTOMER may bring any dispute relating to an order for which these GTC are applicable before any competent court.
11.3.2 – BY EXPRESS DEROGATION FROM THE PROVISIONS OF ARTICLE 11.3.1 OF THESE GTC, ANY DISPUTE ARISING BETWEEN AJS AND A CUSTOMER ACTING AS A TRADER, IN CONNECTION WITH AN ORDER FOR WHICH THESE GTC ARE APPLICABLE, SHALL BE SUBMITTED TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF PARIS.
ARTICLE 12 – CONTACT INFORMATION
12.1 – All emails sent by AJS to the CUSTOMER in accordance with these GTC will be sent to the address registered with their customer
account.
12.2 – Any correspondence that the CUSTOMER wishes to address to AJS, particularly in accordance with the provisions of these GTC, should be sent to the following coordinates:
Mail sent by postal mail:
Anne Jacquemin Sablon SARL
17 rue de l’Estrapade
75005 Paris (FRANCE)
Mail sent by email: info@ajs.com (To be confirmed)
12.3 – The CUSTOMER can contact AJS at any time by visiting the «Contact» page of the Site or by clicking here. They can also reach AJS by phone, from Tuesday to Saturday (excluding holidays), from 10:00 am to 7:00 pm (French time), at +33 (0)1 71 24 80 06.
Date of this version of the GTC: June 20, 2023
ANNEX 1 – PROVISIONS RELATING TO THE LEGAL WARRANTY OF CONFORMITY
Article L. 217-4 of the French Consumer Code
The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when such installation was its responsibility under the contract or was carried out under its responsibility.
Article L. 217-5 of the French Consumer Code
The goods conform to the contract:
1° If it is suitable for the purpose usually expected of similar goods and, where applicable:
– if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer, or their represen- tative, particularly in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement of the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller, and accepted by the latter.
Article L. 217-6 of the French Consumer Code
The seller is not bound by the public statements of the producer or its representative if it is established that it did not know them and was not legitimately able to know them.
Article L. 217-7 of the French Consumer Code
Defects of conformity that appear within a period of twenty-four months from the delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller can rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L. 217-8 of the French Consumer Code
The buyer is entitled to demand conformity of the goods to the contract. However, they cannot contest conformity by invoking a defect that they knew or could not ignore when they entered into the contract. The same applies when the defect originates from the materials they themselves provided.
Article L. 217-9 of the French Consumer Code
In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the significance of the defect. It is then required to proceed, unless impossible, according to the method not chosen by the buyer.
Article L. 217-10 of the French Consumer Code
If repair and replacement of the goods are impossible, the buyer may return the goods and be reimbursed the price or keep the goods and be refunded part of the price. The same option is available to them if the requested, proposed, or agreed solution under Article L. 217-9 cannot be implemented within one month following the buyer’s claim, or if this solution cannot be implemented without major inconvenience for the buyer considering the nature of the goods and their intended use. However, the sale cannot be cancelled if the lack of conformity is minor.
Article L. 217-11 of the French Consumer Code
The application of the provisions of Articles L. 217-9 and L. 217-10 is at no cost to the buyer. These provisions do not prevent the awarding of damages.
Article L. 217-12 of the French Consumer Code
The action resulting from a lack of conformity is subject to a limitation period of two years from the delivery of the goods.
Article L. 217-13 of the French Consumer Code
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as provided for in Articles 1641 to 1649 of the Civil Code, or any other contractual or non-contractual action recognized by law.
Article L. 217-14 of the French Consumer Code
The right of recourse may be exercised by the final seller against successive sellers or intermediaries and the producer of the movable proper- ty, in accordance with the principles of the Civil Code.
ANNEX 2 – PROVISIONS RELATING TO THE WARRANTY OF HIDDEN DEFECTS
Article 1641 of the French Civil Code
The seller is bound to a warranty on account of hidden defects in the thing sold that render it unfit for the use for which it is intended, or that diminish such use to the extent that the buyer would not have acquired it, or would only have given a lesser price for it, if they had known about them.
Article 1642 of the French Civil Code
The seller is not liable for visible defects that the buyer could have noticed themselves. Article 1642-1 of the French Civil Code
The seller of a building under construction cannot be released, neither before the acceptance of the works, nor before the expiration of a period of one month after the buyer takes possession, from construction defects or conformity defects that are apparent at that time. There will be no resolution of the contract or reduction of the price if the seller undertakes to repair.
Article 1643 of the French Civil Code
They are liable for hidden defects, even if they were unaware of them, unless, in that case, they have stipulated that they will not be obliged to any warranty.
Article 1644 of the French Civil Code
In the case of Articles 1641 and 1643, the buyer has the choice of returning the thing and being refunded the price, or keeping the thing and being refunded part of the price.
Article 1645 of the French Civil Code
If the seller was aware of the defects of the thing, they are liable, in addition to refunding the price received, for all damages and interest to the buyer.
Article 1646 of the French Civil Code
If the seller was unaware of the defects of the thing, they will only be required to refund the price and reimburse the buyer for the expenses incurred by the sale.
Article 1646-1 of the French Civil Code
The seller of a building under construction is responsible, from the acceptance of the works, for the obligations that architects, contractors, and other persons linked to the client by a contract for work are themselves bound by under Articles 1792, 1792-1, 1792-2, and 1792-3 of this code. These warranties benefit subsequent owners of the building. There will be no resolution of the sale or reduction of the price if the seller undertakes to repair the damages defined in Articles 1792, 1792-1, and 1792-2 of this code and to assume the warranty provided for in Article 1792-3.
Article 1647 of the French Civil Code
If the thing that had defects has perished due to its poor quality, the loss is for the seller, who will be required to refund the price and other compensations explained in the two preceding articles. But the loss occurring by fortuitous event will be for the account of the buyer.
Article 1648 of the French Civil Code
The action resulting from redhibitory defects must be brought by the buyer within a period of two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or non-conformities.
