This Website, www.vivaraise.eu, is published by SDE, a Simplified Joint Stock Company with a capital of 962,000 Euros, registered with the RCS of Strasbourg under the number 521 344 226, whose intra-community VAT number is FR 34 521 344 226, and whose registered office is located at 13A, rue du Maréchal Lefebvre, 67100 STRASBOURG - France.
Phone: +33 3 88 79 54 99
Email: contact@vivaraise.eu

PREAMBLE

These general terms and conditions of sale are entered into between SDE and any non-trading individual ("the Customer") wishing to purchase on the Website. The Parties agree that these General Terms and Conditions exclusively govern their relationship. SDE reserves the right to modify the General Terms and Conditions. In the event of a modification, the General Terms and Conditions in force on the day the order is placed will apply to each order. The Customer may print or save these general terms and conditions.

ARTICLE 1 - GOAL

These General Terms and Conditions define the rights and obligations of the parties in the context of sales made through the Website. They govern all necessary steps for placing and tracking orders, including payment and delivery. Parcel shipment can only be made to mainland France, Corsica, Monaco, and European countries listed in Article 6 below.

ARTICLE 2 - PRODUCTS

The products displayed on the Website are offered subject to availability. The Products are described and presented as accurately as possible. However, SDE cannot be liable if errors or omissions are found. The product photographs are not contractual.

ARTICLE 3 - ORDER

To place an order, the Customer must log in with their email address and password. For their first order, the Customer must create an account by entering their name, surname, address, email, and phone number and choosing a password in the provided fields. If the Customer forgets their password, a new password can be sent to them via email by entering their email address on the "forgot password" page.

The Customer selects the products and quantities directly online. Once the cart is validated, the Customer must accept the General Terms and Conditions, choose the delivery address, and confirm the payment method. The final validation of the order occurs after payment validation.

SDE will acknowledge receipt of the order by emailing it as soon as it is validated.

In some instances, such as non-payment, incorrect address, or any other issue, SDE reserves the right to block the Customer's order until the problem is resolved. The information provided by the buyer when placing the order is binding. In case of an error in the recipient's address details, SDE cannot be held responsible for the inability to deliver the product.

Generally, information regarding product availability is provided to the Customer when placing the order. However, if a product becomes exceptionally unavailable after order validation, SDE will inform the Customer via email as soon as possible and within a maximum of 8 days. The affected product's cancellation and refund will be processed, while the remainder of the order remains firm and final.

For any questions regarding order tracking, the User should consult their customer account on the Website or call 03 88 79 54 99 (standard rate call) from Monday to Friday, between 10:00 am and 12:00 pm, and 2:00 pm to 4:00 pm.

ARTICLE 4 - PRICE

The prices of the Products are indicated in Euros, including all taxes. They consider the VAT and any applicable discounts on the day of the order. The prices of the Products do not include delivery fees (shipping, packaging, and preparation of the package according to the applicable rates). The order form will specify the delivery fee amount before order validation. SDE is registered in the National Registry of Furniture Market Participants under FR015469_10B5AL. This number ensures that SDE, by joining Eco-mobilier, complies with the regulatory obligations imposed on it under Article L541-10-6 of the Environmental Code.

ARTICLE 5 - PAYMENT

The Customer can choose to pay for their purchases:

- by credit card:

Payment is made by credit card bearing the CB logo via a secure server of a banking partner. The Customer's credit card number is directed to the bank's server, and the payment is made directly to the bank in a secure environment without going through the store's server. Therefore, the banking information is only known to the banking partner. The order validated by the Customer will only be considered adequate when the relevant banking payment centres have approved it. In case of refusal by these centres, the order will be automatically cancelled, and the Customer will be notified by email.

- with their PAYPAL account:

By choosing PayPal payment, the Customer will be automatically redirected to their PayPal account. Once the PayPal payment is validated, the Customer can finalize their order on the Website.

ARTICLE 6 - DELIVERY

DELIVERY IN MAINLAND FRANCE AND MONACO

In addition to the selling price of the products, the Customer will have to pay a flat fee for shipping and processing their order, which is set at €4.90. Delivery fees for an order total equal to or greater than €40 will be waived. The delivery fees and conditions are detailed below. Delivery times, including strikes, cannot be guaranteed in force majeure,  as defined by case law. Additionally, they will not be guaranteed during specific periods of high activity for the seller, such as sales or general inventory periods.

DELIVERY IN CORSICA

In addition to the selling price of the products, the Customer will have to pay a flat fee for shipping and processing their order, which is set at €22.90. The delivery fees and conditions are detailed below. As defined by case law, delivery times, including strikes, cannot be guaranteed in case of force majeure. Additionally, they will not be guaranteed during specific periods of high activity for the seller, such as sales or general inventory periods.

DELIVERY OUTSIDE MAINLAND FRANCE – EUROZONE

In addition to the selling price of the products, the Customer will have to pay a flat fee for shipping and processing their order based on the destination. The delivery fees and conditions are detailed below. As defined by case law, delivery times, including strikes, cannot be guaranteed in case of force majeure. Additionally, they will not be guaranteed during specific periods of high activity for the seller, such as sales or general inventory periods.

ARTICLE 7 - RIGHT OF WITHDRAWAL

Under Articles L221-18 and following the French Consumer Code, the Customer has a period of 45 days from receiving the order to return the ordered products and inform the seller of their decision to withdraw. To exercise their right of withdrawal, the Customer can use the form included in the package or make an unambiguous statement. They must also return the new item(s) in their original packaging, intact and accompanied by all accessories, within a period of 45 days:

• either free of charge upon request to customer service, which will provide a Colissimo return label (only for mainland France and Corsica)
• or at the Customer's expense via La Poste to the following address: SDE / Jung Logistique - 5 rue Forlen - 67118 Geispolsheim

The refund of the price of the Products will be made within fourteen (14) days from the receipt by the seller of the returned products. SDE will refund the Customer for the returned Products, subject to compliance with the conditions above, and the "outbound" delivery costs if the Customer returns the entire order. If the Customer does not return the entire order and keeps one or more of the ordered Products, the seller will retain the amount of the "outbound" delivery costs. The refund will be made using the payment method used for the returned order. If the order was paid by:

• The credit card and the account are still valid; a refund will be made to the account associated with that credit card.
• The account is still active; the refund will be made to that account.

For any other means of payment or in case of failure or impossibility of the previous refund methods, the refund will be made by check sent to the Customer's address.

ARTICLE 8 - WARRANTIES

SDE undertakes to fulfil its obligations regarding the warranties attached to the Products sold on the Website, namely the legal guarantee of conformity (L217-1 et seq. of the French Consumer Code) and the warranty against hidden defects (Articles 1641 et seq. of the French Civil Code), as stated in the following legal texts reproduced below:

Article L217-4 of the French Consumer Code: The seller delivers goods that conform with the contract and is liable for any lack of conformity at delivery. The seller is also responsible for any lack of conformity resulting from the packaging, assembly instructions, or installation when it has been made their responsibility under the contract or carried out under their responsibility.

Article L217-5 of the French Consumer Code: The goods conform with the contract if:

1° It is fit for the usual expected purpose of similar goods and, where applicable:

• It corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer as a sample or model;
• it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labelling

2° Or if it has the characteristics mutually agreed upon by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention, and accepted by them.

Article L217-12 of the French Consumer Code: Any action arising from lack of conformity is time-barred after two years of the goods' delivery.

Article L217-16 of the French Consumer Code: When the buyer requests repairs covered by the commercial warranty granted to them during the purchase or repair of a movable good, any period of immobilization of at least seven days is added to the remaining duration of the warranty. This period runs from the date of the buyer's request for intervention or the availability of the good for repair if this availability occurs after the request for intervention.

Article 1641 of the French Civil Code: The seller is liable for hidden defects in the sold item that render it unfit for its intended use or that so impair its use that the buyer would not have acquired it or would have given it a lesser price if they had been aware of the defects.

Article 1648, paragraph 1 of the French Civil Code: The buyer must bring the action resulting from latent defects within two years of discovering the defect.

No other warranty is granted by the seller to the Customer.

ARTICLE 9 - LIABILITY - LIMITATIONS

SDE is responsible for properly performing the obligations arising from the distance contract. However, SDE's liability shall not be engaged if the non-performance of its obligations is attributable either to an unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure as defined by French jurisprudence. The online indication of the credit card number and the final validation of the order will constitute proof of the order and render the price due. This validation constitutes a signature and express acceptance of all operations carried out on the Website.

ARTICLE 10 - PERSONAL INFORMATION AND DATA PROTECTION

The provision of personal information collected for distance selling is mandatory, as this information is essential for processing and delivering orders and establishing invoices. Failure to provide this information will result in the non-validation of the order. Under the "Informatique et Libertés" (Data Protection) law, the processing of personal information relating to customers has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL). The Customer has the right (Article 34 of the law of January 6, 1978) to access, modify, rectify, and delete the data concerning them, which they can exercise by contacting the Customer Service of SDE. In addition, SDE undertakes not to disclose its customers' contact details to any third party, free of charge or for consideration.

ARTICLE 11 - INTELLECTUAL PROPERTY

The use of this Website is reserved for personal use. All trademarks, logos, designs, and models, illustrations appearing on the Website are protected under copyright law, trademark law, and design law and are the exclusive property of SDE. Any reproduction or representation, in whole or in part, of the Website or the trademarks, logos, and models appearing therein constitutes an infringement that may incur civil and criminal liability on the part of its author. The establishment of a hypertext link to the Website is strictly prohibited.

ARTICLE 12 - APPLICABLE LAW AND JURISDICTION

The General Conditions are subject to French law. Under applicable regulations, the competent court in the event of a dispute shall be either the court of the defendant's domicile or the court of the actual place of delivery of the Product, at the plaintiff's choice. The Website complies with French legislation, and SDE does not guarantee compliance with local legislation that may apply to the Customer when accessing the Website from other countries.